Item P3�11" 010117.11 N V 0105 N1 110 10 VIA 1A
Meeting Date: September 17, 2014
Bulk Item: Yes No X
Department: County Attorney
Staff Contact: Lisa Granger 292-3470
AGENDA ITEM WORDING: Presentation of an offer by Maria Christina Ruiz, the property owner of a property
located at I West Cypress Terrace, Key West, Florida for a release of code compliance lien imposed in code case
CE 11040080 in exchange for payment of a reduced amount of fines.
ITEM BACKGROUND: This property was the subject of a code compliance case for installation of a tiki but and
alteration of a concrete fence without the proper permits, inspections and approvals, construction of the tiki but in
the setbacks and creating an unsafe condition by installing the tiki and installing the gate without the necessary
permits, approvals and inspections. The property owner gained compliance after the expiration of the compliance
date. Daily fines accrued to the amount of $279,450.00 and outstanding costs total 317.19.
CE 11040080: On June 30, 2014 the Code Compliance Special Magistrate approved an executed Stipulated
Agreement wherein the property owner admitted to all of the violations. In the Stipulation, the property owner
agreed to pay fines in the amount of $450.00 per day (total amount for the 3 counts), if compliance was not
achieved by the agreed upon compliance date (September 14, 2011). The property owner was given 2 extensions of
the compliance date with the final date being January 11, 2012. However compliance was not achieved by the final
compliance date of January 11, 2012 and the fine began to accrue on January 12, 2012. The County's lien was
recorded on March 5, 2012. Compliance was achieved on September 24, 2013. The daily fines of $450.00 accrued
for 621 days (from January 11, 2012 to September 24, 2013) and total $279,450.00. The code case remains open for
failure to pay the outstanding fines and costs.
The property is not homesteaded and there are no pending foreclosure actions.
The property owner would like a reduction in the amount of the outstanding fines in exchange for a release of the
lien. Staff proposes a reduction in the fine to $15,525.00 as full settlement of the fines plus $317.19 for costs
provided the total amount $15,842.19 is paid in full within 30 days based upon the following factors: the gravity of
the violation and the lack of previous violations by the property owner. The proposed reduction is below the limit
of authority given under Resolution 148-2008. A letter from Ms. Ruiz's attorney is enclosed.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of a reduction of fines to the amount of $15,525.00. Costs should be
paid in full in the amount of $317.19. If the total amount of the reduced fines plus total costs ($15,842.19) is not
paid within 30 days the amount should revert back to the original amount of fines and costs ($279,767. 10).
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
$ MINU13DIVI
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes® N AMOUNT$
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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DA 1872854 03F`6/2�i,12 14: 1': 1 i
Filed & Recorded in Officirl �-accrds of
MONROU MINTY NNNY L, KOLHAGIE
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Having fully considered the evidence presented at hearing, includ'fig testimony of the Cc,'J=_ Enforcement Inspector(s) an: :,�Jor,.;. : asses under oath, the
follo :ng Fine7rigs of Fact and Conclusions of LB - are ORDERED:
The Respondent(s) and/or Authorized Representative SlGNFm�l A ST I PUL A T I "'JOA1 A GREEPAf T- W �`:-:: U N I CO Y
re present and 110! P,t-: contest the violation(s) set forth in me Nolte of Violatio Nlotice of Hearing • h is corporated here!,i as 9 it:;,,; set
forth.
The Respondent(s) Ware the o ... ier(s) of property located wnhin ' M 'onroe County and was/ are duly noticed of the hearing. The Respondent(s)
is/are in violation of the inme Coudy Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and pufsuant to Section
162.07 of Florida Statutes costs in an amour '0 be delennfined at the conclusion of this case Or n r sy, i vier" for :he admiAstralive
ve, Y Of -tie COE4 of prosecuthig, rid inn esnkaling this matter. Cols viiii corillijee iirecrue until wAli rice Is .:� blev., ��n�- c .-,e Is
closed. Furth-n )re. the, Respondent(s) shall comply , th .nose Code() referred to in the Notice of 'V ila&�lice of Hearing on ob: for:
"TIHE, Cl)h`P� DO I E").
. . .. I :.
()In the event the violations) .are or are not corrected o:TW C01::�:4.IANCE 0T,:, 0 =.,SLY Ol NJE-RED or on THE' CONIOLarr4GE D TE
MT 1`01. _ Ee(s) in the amount of:
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for each day beginning on that the Rspondent(s) istare in violation is/are hereby ORDERED
( ) a one I'nie fine of S is ORDERED, and the condition causing the violation(s) is found to present a
threat to the p,blic heal: , s .,rely and elfare. It is further o 'ared, that the County is hereby authorized to ma} - all reasonable repair; �. Ach are
requ7:ed to bdng the property ':4o cc pliance and chi, : a :•:e res ondent(s) Ah cost of repairs including administrative recovery of the costs of
prosecuting and investig .. ng is matter.
pond:: nl(: a certified copy .4 this 07d- m ::.a o,
M
r,. c a andon ::hIch the violation or violations exist ari.
1tS:il::::: for eclosur proceedings ff the lVn remains u,7,%,:+ or
. . ...... e of lien plus trued Interest Plea m::k: c::::.' P
C.% C'. nL n: :'.ffi.e of -.-:a Li:-::s 27
( ) The Res: : : dent(s) a in viol:' :on of the : 0 -% ROE COU TY Code(s) as I set for in the otice of ViolatiorC:, a ::' Hea: .:: g ad ' this
case and did not come 7, to cc �pllance on or before T::.'. : I I � .
-,' but are now in co:pllance. The Respondent(s) shall pa . •-a total
amo nt of cost and/or fines (S
Order. to -:onroe County Code Enforcement , 4h' thirty i of this
DATED this day of
Joi, i G. " i Lam. i Vhzi:i, Sp6cial . agistr;ii
Page 1 of 2
FINAL ORDER PAGE 2
CASE NUMBER: CE11040080
Respondent(s) mailin.e address of rerord V
RUIZ MARIA CHRISTINA
I WEST CYPRESS TREE,
KEY WEST, FL 33040
Location of Subject Property: Dod 512554
I W CYPRESS TERRACE aa its
KEY WEST, FL 33040
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
Nicole M. Petrick, Liaison
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s)
via hand delivery / first class U.S. mail to Respondent(s) address of record with the Monroe
............................................ ........................
County Property App�5s Office as referenced above and/or Authorized Revresentative
on this �2,-9 171H day of
Z
Nicole M. Petrick, Liaison
N
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe County Code Enforcement
Petitioner
M
Maria Christina Ruiz
Respondent(s)
Case Number CE11040080
Doc# j872B54
Bk# 2558 V 720
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME
OFFENSES
In the matter of -
Re# 00138980-000000
and Monroe County Code Enforcement ("Petitioner"), by and through the undersigned
individuals, hereby agree and stipulate to the following-
1 . Respondent(s) agrees that I/we received the Notice of Hearing
issued in this case, and that a hearing is scheduled to be heard on June 30 2011 to
determine whether the charges alleged in the Notice of Violation and Notice of Hearirl
are accurate and supported by substantial evidence ("Hearing").
2. Respondentia) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter. Respondent(s) understands that
he/she could appear at the Hearing and contest any evidence to be submitted by Code
CADocuments and SettingAdowling-nancyNy DocumentsWASTER Stipulation for First Time Offender.doc
Enforcement. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
(a) He/she need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respondent(s); and
(b) Any evidence in the Code Enforcement file will be deemed the record
in the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
3. The Respondent(s) understand that the property will be checked
for compliance on
4. The parties understand that a fine of M§O,,00 per day that shall
accrue daily if the property is not brought into compliance within the time specified in
5. The Respondent(s) understands that if the Respondent(s) fails to
comply within the time given in paragraph 3, the finals) shall accrue each day the
violation(s) remain as follows.
110-140.(1)
100.00 per day
6-27.(b)(2)h
250.00 per day
130-186.
1.0 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting
the case within 30 days of compliance and that such costs shall be imposed as a lien
under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 829(b).
Doc# 1872854
Bk# 2558 Pg# 721
CADocuments and SettingsWowling-nancyNy DocurnentsWASTER Stipulation for First Time Offender.doc
2
7. Respondent(s) specifically agree that this Stipulation Agreement
shall be recorded in the public records of the County and shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violations of
Monroe County Code _6-27.LbjL2jh & 110-140, 1 & 130-186. exists. This Stipulation
1-1-
Agreement shall be recorded as a lien against the property and upon any other real or
personal property owned by the Respondent(s) if the property is not brought into
compliance by the date specified in paragraph 3.
8. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
9. The parties understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with NAOgyowiinby the end of business June 29 2011.
DOO IBI2854
ak# 2558 V 722
CADocuments and Settings\dowling-nancy\My DocurnentsWASTER Stipulation for First Time Offender.doc
tj
By signing this Stipulation, both parties represent that they have READ,
UNDERSTOOD, AND CONSENT to its terms and conditions.
STATE OF 17 0 Ph�
COUNTYOF
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
k I who, after
first being sworn by me, affixed his/her signature
(name of individual signing) in the,-Tace provide
' d
above on this day of 20jL_
V
Signature of Respondent(s) I Date
Print Name
PERSONALLY APPEARED BEFORE NIE, M
undersigned authority, I
i"irst being sworn by me, affixed his/her sip
,nature
above on this day of 20
NOTARY PUBLIC SYLVIA E. ATWELL
N
P qMY PUBLIC
Notary Public - State of Florida
r A 3 My Commission EXpVes Feb 6120J2
My corn Sion expires i6on expires 20
inis Commission
fill BondedThrough Wilional No[;,fyAs-.nJ'
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57gnia�re Q1 Petiti ur (COU'Aity) I . e Dod 1872854
Bk# 2558 Pg# 723
P(r5nt name
STATE OF u
COUNTYCIF
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
who, after
first being sworn'by me, affixed ltis/her signature
(name of individual signing) in the space provided
day of 20 1 J
above on this,
SYLVIA E. ATWEt L
Notary Public
State of Ft
4 k My Commission Expires orida
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Feb 6, 2012
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Bon Commission # DD 756120
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CADocuments and SetfingsWowling-nancyWy Documents WMTER Stipulation for First Time Offender.doc
4
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe County Code Enforcement
Petitioner
V&
Maria Christina Ruiz
Respondent(s)
Case Number CE1 1040080
Dod 1812854
Bk# 2558 Pg# 724
STIPULATION FOR AN EXTENSION OF TIME TO COMPLY
In the matter of.-
Ne# 00138980-000000
Maria Christina Ruiz (hereinafter referred to jointly and severally as "Respondent(s)") and
Monroe County Code Enforcement ("Petitioner"), by and through the undersigned
individuals, hereby agree and stipulate to the following:
1 a Respondent(s) agrees I/we received and signed the Stipulation
agreement on June 28.2011. Under the Stipulated Agreement we agreed to a compliance
date of 5ARD1qMmhb§eLr11A4,2Q1L. I are not going to be in compliance by that date.
2. Respondent(s) agrees that the violation(s) still exist in the above
mentioned complaint as alleged in the Notice of Violation which was served in this matter.
(a) The parties are now agreeing to extend the compliance date.
(b) He or she waives the right to appeal any finding of violation or order that he
or she would otherwise have under Section 162.11, Florida Statutes.
3. The property will be checked for compliance on Janos 1 2 12 (New
compliance date).
4, The parties understand that a fine of 1150.00 per day shall accrue daily
if the property is not brought into compliance within the time specified in paragraph 3.
. TheRespondent(s) understands that if theRespondents(s) fails to
comply within the time given in paragraph 3, the fine(s) shall accrue each day the
violation(s) remain as follows:
6 27.(b)(2)h $250.00 per day
11010.(1) $100.00 per day
130136 $100.00 per day
6. TheRespondent(s) agree to pay all costs incurred in prosecuting the
case within 30 days of compliance and that such costs may be unposed as a lien under
Section 162.0()(d), Florida Statutes, and Monroe County Code section 329(b).
7,Respondent(s) specifically agree that this Stipulation Agreement shall
be recorded in the public records of the County and shall constitute notice to subsequent
purchasers, successors in interests, or assigns that the violations of Monroe County Code
6.()(2)h & 1110.(1) 10156 exists. This Stipulation Agreement shall be recorded
as a lien against the property and upon any other real or personal property owned by the
Respondent(s) if the property is not brought into compliance by the data specified in
6,Respondent(s) agrees and represents thatRespondent(s) entered into
this Stipulation of the espondent(s)'s own free will.Respondent(s) further understands
and agrees that he/she has the right to consult with counsel prior to signing this Stipulation,
and has done so or has elected to waive this right.
0. The parties understand and agree that theRespondent(s) may revoke
this Stipulation and that such revocation rest be done in writing or done in person with
Inspector cy Dowling by the end of business October 21 20 1.
By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD,
CONSENTAND to its terms and conditions.
DOC# 1I5
signature (name of individual signing) in the space
provided above on this — '2�, ) 7'— day of
20
k'-
TqO 'Y PUBLIC
SYLVIA E. ATWELL
Notary Public -State a of Florida
MY Commission Expires Feb 6, 2012
Commission # DD 756120
Bonded Through N,tional NOI.fMssn.
Signature of ResOodde'qt(a) I to Signature of Respondent(s) I Date
Pv.7nt Name
STATE OF
V CD
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0 16 V ?- COUNTY OF
w U- r- -Z
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
o EF who,
E, -0
8 6 -3 after first being sworn by me, affixed his/her
iignature (name of individual signing) in the
0-
pace provided above on this day of
20±
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Mao-1,
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WZTARY PUBLIC
of fifioner (County) I D
6"
rs name
STATE OF
COLJNTYOF
PERSONALLY APPEARED BEFORE ME, the
undersigned authority,
who,
after first being 6orn by me, aff&ed his/her
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Doc# 1872854
Bk# 2558 Pg# 726
RUMM
Mel NJ 9 1 WKS] a
undersigned authority,
NOT Y PUBLIC
MO ROE COUNTY
OFFICIAL RECORDS
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: RUIZ MARIA CHRISTINA
1 WEST CYPRESS TERR
KEY WEST, EL 33040
Case Number: CE11040080
Location: 1 W CYPRESS TERRACE, KEY WEST, FL 33040
Re Number: 00138980000000
You are hereby notified that an investigation of the above property was initiated on 05/02/2011
and subsequently found the following violation(s):
110-140.(1) - BUILDING PERMIT REQ/CH 6
TIKI HUT BUILT WITHOUT BENEFIT OF A PERMIT AND ALTERATION OF THE
CONCRETE FENCE. CREATING AN OPENING OF SOME SORT.
Corrective Action Required:
Contact the Monroe County Building and Planning Department and obtain an after the fact
permit or demolition permit.
NOTE: All permit fees and permit requirements are. based on the specific scope of work.
Additional permits, permit fees, mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The Fact permit is $500.00 (five
hundred dollars) as per Monroe County Code.All permits will require PASSING FINAL
INSPECTION(S).
130-186. -MINIMUM YARDS/SET BACKS
TIKI HAS BEEN BUILT IN THE SIDEYARD AND THE REARYARD SET BACKS.
Corrective Action Required:
Contact the Monroe County Planning Department and obtain a variance (if applicable) or
ffffls��- # 1
b)(2)h - UNSAFE PERMITS INSPECTIONS C.0
TIKI HUT & FENCE OPENNING HAS BEEN DEEMED UNSAFE BY THE BUILDING
OFFICAL DUE TO THE LACK OF PERMIT AND INSPECTIONS.
Corrective Action Required:
Contact the Monroe County Building Department to: obtain an After The Fact permit and/or
renew an existing permit, complete required inspections, obtain a Certificate of Occupancy
and/or Certificate of Completion. No extra time to comply will be given as this violation poses
a serious threat to public health safety and welfare.
( t� PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 06/30/2011 at 9:00 AM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida.
( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A and
you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the
violation has been corrected prior to the hearing.
The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with this
office prior to the date of the hearing.
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days
before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement
of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request:
2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax: (305) 289-
2858.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listedbelow.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do
not need to attend the hearing(s). Please contact your inspector at the appropriate location:
Ila tj&;'A' /) dw
DOWLING TfANCY U
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified
Mail, Return Receipt Request No.: 7008 1830 0000 9286 1658 on 05/26/11.
Co Compliance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ".
Monroety, FloridaPEfa�
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INSP. N. DOWLING 5/2/11
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STONES & CARDEN
ATTORNEYS AT LAW I
221 SIMONTON MEET, KEY WEST; FL 33040
TELEPHONE (305) 294-0252 FAx (305) 292-5442
WWW.5MNESCARDENAS.COM
ADELE VIRGINIA STONES, P.A.
Ms. Lisa Granger, Esq.
I I 11 12 Street, Suite 408
Key West, FL 33040
SUSA N M. CARDENAS, P.A.
Although Mrs. Ruiz promptly responded to the Notice of Violation in June, 2011 and entered
into a Stipulation and Compliance Agreement prior to her hearing date directly with Monroe
County, she failed to bring the property into compliance by the original compliance date of
October, 2011. Mrs. Ruiz had contacted Monroe County Planning & Zoning (Rey Ortiz) in June
of 2011 , and she received an extension to complete the actions necessary to bring the tiki into
compliance (by setback variance and after -the -fact permits). Unfortunately, after making an
initial submittal to the County Planning Office and a subsequent telephone conference with Mr.
Ortiz, Mrs. Ruiz mistakenly believed that nothing fin-ther was required from her.
When the extension compliance date came on January 11, 2012 with nothing changed on the
property and no communication from Mrs. Ruiz to Code Enforcement to request a ftulher
extension or compliance inspection, the fines began to run and continued to accrue until the open
code case and lien was discovered during a loan application processing this past September
Ms. Lisa Granger, Esq.
Monroe County Attorney's Office
December 10, 2013
Page 2
In early September 2013 when the open case and the hundreds of thousand dollars in liens were
discovered, Mrs. Ruiz sought counsel and moved rapidly to address the situation. As a show of
her good faith and desire to address her violations, she had the 12'x12' tiki but immediately
removed from her property and shortly thereafter completed/obtained the permits and inspection
required for her fence opening. She is truly regretful that her lack of understanding of the
compliance process and requirements for resolution of her violations became clear only after the
huge lien has accrued and was discovered while making a loan-apploation._v r�
_ } i
To date the fines total $279,450.00 with administrative costs 84.29 a request for
mitigation is made on the basis that the property owner di&ho�y tail to address the
code violations which accrued fines for twenty-five (25) months, during which time Mrs. Ruiz
truly believed nothing further was required by her. The violations were not of the nature that any
actual threat to public health or safety was involved, nor was this a situation where the property
owner continually denied the violations or intentionally delayed the compliance measures
required. It would be inconceivable to believe that the property owner knowingly ignored the
open code case while fines accrued at a daily rate of $450.00.
Based upon the forekoing it is respectfully requested that the fines be mitigated to the maximum
allowance possible.
Thank you for your kind assistance throughout this process.
Sincerely,
4,10e V. Stones
AVS/cros
c: K. Windsor
client
Permit Information - Permit 11103826
Pagel of 3
,f
I1�V nt o — Cor1 U Hti e
PERMIT INFORMATION
June 26, 2014 - 9:12 AM My Account I Disclaimer I Privacy Policy
Monroe County eGovPLUS
PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY.
BEFORE WRITING ANY CHECKS, PLEASE CALL THE
BUILDING DEPARTMENT TO CONFIRM.
Permit Number 11103826 RE 00138980000000
Permit Type 12 Balance Due $0.00
Property Address 1 W CYPRESS TERRACE Status Closed
Permit I Plan Reviews I Inspections I Fees I Contractors I All
ALL
PERMIT
Application Date
08-11-2011
Operator
I ramireze
Issued Date
08-23-2011
Operator
ramireze
Master Number
Project Number
C.O. Number
Operator
C.O. Issued
C-404 Type
Usage Class
RES
Applied Value
1 495
Units
0
Calculated Value
1 0
Contractor ID
I OWNER
PROPERTY
RE
Unit
Address
City/State/Zip
ON PERMIT
0013898-0000000
1 W CYPRESS TERRACE
KEY WEST, FL 33040
OWNER ON PERMIT
Name RUIZ MARIA CHRISTINA
Address 1 WEST CYPRESS TERR
City/State/Zip KEY WEST, FL 33040
Type Private
APPLICANT
No Applicant Information file for this permit
MISCELLANEOUS INFORMATION 1 NOTES
1 W CYPRESS TERR., KEY HAVEN
GATE
"NOTICE OF COMMENCEMENT NOT REQUIRED"`
PERMIT APPROVAL TO INSTALL A T WIDE BY 6' HIGH
Permit Information - Permit 11103826
Page 2 of
ALUMINUM GATE IN EXISTING WALL.
h
_`PER SEALED PLANS IN FILE.*
`"SEE PLANS REVIEW COMMENTS FOR ADDITIONAL
CONDITIONS TO THIS PERMIT'~
GATE MUST SWING INTO OWNERS PROPERTY.
NO OTHER WORK ALLOWED ON THIS PERMIT.
ALL TRASH AND DEBRIS MUST -BE REMOVED TO A LEGAL
-- --- --
--
DUMP SITE.
- —
--- -- - -
INSPECTIONS _ REQUIRED, INCLUDING FINAL.
DEEMED NON -DEVELOPMENT.
DCA EXEMPT.
--
- -
- - - -
0W 10i2013 MP -- — -
RE -OPEN REQUEST FOR EXPIRED PERMIT FOR FINAL
INSPECTIONS AND CLOSING OF PERMIT.
NO OTHER WORK ALLOWED ON THIS RE -OPEN. _
DUE TO THE NATURE OF THE WORK APPLIED FOR, THE
PLANNING DEPARTMENT DID NOT REVIEW THIS
APPLICATION. THERE MAY BE DEVELOPMENT AND/OR LAND
_
~
USES ON THE SITE THAT ARE NO LONGER IN COMPLIANCE
WITH A COUNTY REGULATION(S) OR ESTABLISHED
UNLAWFULLY WITHOUT THE BENEFIT OF PROPER --
APPROVALS. APPROVAL OF THIS PERMIT DOES NOT DEEM
ALL DEVELOPMENT AS CONFORMING OR DEEM UNLAWFUL
.......... _____
3
DEVELOPMENT AS LAWFUL THE GROWTH MANAGEMENT
DIVISION RESERVES THE RIGHT TO REQUIRE THAT SUCH
..... .......... .......... ........ ..
...............................
___________ __ . _ ..
.... w
DEVELOPMENT BE BROUGHT INTO COMPLIANCE THROUGH THE
-.....................
...........
.
PROPER APPROVAL PROCESS OR TERMINATED UPON FUTURE
.......................
DISCOVERY.
.....................
RE -OPEN ISSUED: 09/13/2013 MP
.. ......... ................ ......... .........
........
.. ................ .. ... ......... ......... ..
.............
.
......................
................. .
PLAN REVIEWS
..................
Details
-vision Stop ';umber
Status
Status Date
.r•viewer
Plmes
XXXASST/BUILDING OFFICIAL 1
________.... .... .........
...... P
08-22-2011
BENDERD
1
BIOLOGIST 2
.......
________-___ _ _._..._..
......... __
_
0
BIOLOGIST _ _ 1
-
A
08-17-2011
VASERISJ
11_
BUILDING STRUCTURAL/ROOF 2 Y
P
09-12-2013
KOSTICH
0-
BUILDING STRUCTURAL/ROOF _ 1 —
P
KOSTICH
0
-
FINAL REVIEW_ 1
y
^ L
_08-18-2011
09-12-2013
TUCKERM
_ _
0
MARATHON BUILDING DEPT 6
L
-__
09-12-2013
TMALDONAM
- 0
MARATHON BUILDING DEPT _ 5
L
09-11-2013
MALDONAM
1
_
MARATHON BUILDING DEPT 4
L
_
09-11-2013
MALDONAM
1
MARATHON BUILDING DEPT 3
L
08-24-2011
TUCKERM
0
MARATHON BUILDING DEPT 2
L
08-22-2011
MALDONAM
0
MARATHON BUILDING DEPT 1
L
08-12-2011
MALDONAM
-
BUILDIN_G OFFICIAL_ _ 1
0
STOCK ISLAND BUILDING DEPT 5
L
10704-2013 -
PARTINGM
1
STOCK ISLAND BUILDING DEPT 4
L
09-13-2013
PARTINGM
2
STOCK ISLAND BUILDING DEPT 3
L
09 10 2013
_
1
STOCK ISLAND BUILDING DEPT 2
L
_ _PA_RTINGM
0
STOCK ISLAND BUILDING DEPT 1
L
0
Permit Information - Permit 11103 826
Page 3 of ^-
FEES
F. I. to
UNITS
QUANTITY F: E AMOUNT
PAID TO DAT F
B- RENEW
FLAT RATE
1.00
50.00
50.00
B- 0 EDUC
FLAT RATE
2.00
4.00
4.00
B- 1 MIN
DOLLARS
1.00
0.00
0.00
B- I B APPL
FLAT RATE
1.00
50.00
50.00
B- 8 FENCE
UNITS
1.00
50.00
B- BIO EDU
FLAT RATE
1.00
.50.00
10.00
10.00
CONT-INVES
FLAT RATE
1.00
11.00
11.00
DBPR
UNITS
100.00 T f
1.80
1.80
DBPR I
UNITS
50. - 00
11,80
DBPR ED 1
UNITS
50.00
0.20
-1.80-
0.20
DBPR - RE ED
UNITS
100.00
0.20
0.20
DCA -
UNITS
1.00.00.
1.80
1.80
DCA 1
UNITS
50.00
1.80
1.80
DCA ED 1
UNITS T
50.00
0.20
0.20
DCA RE ED
UNITS
100.00
0.20
0.20
LDR2-ACC
FLAT RATE
1.00
60.00
60.00
T- 1
FLAT RATE ... ... ... ... ... ... ... ... ...
... ... ... 2.00 ........................
6.00 ................
6.00
. .....................
TOTAL FEES:
TOTAL PAID TO DATE:
$249.001
PENDING PAYMENT:
BALANCE: 1
---$-O.-O-ol
GENERAL
Owner / Contractor
Address
City/State/Zip
INIM
CONTRACTORS
CONTRACTOR
HNAL BUILDING
EXTENSION REOPENIOTHER
REFER TO PERMIT CARD-REQ
INSP
RUIZ MARIA CHRISTINA
I WEST CYPRESS TERR
KEY WEST, FL 33040
INSPECTIONS
HUM INSPECTOR
SCHID
;Nsp :145P
DATI:
DATE TW r
1 MWB
� 9-24-2013
09-24-
2013
I MLP
09-13-2013
09-13-
2013
CONFIRM NOTES
P 20118522 0
P 20117862 0
0
Use of this website constitutes your acceptance of the website disclaimer and terms of use.
Your privacy is important to us, for more information see our privacy poll
Copyright Q 2007 - THE PLUS SERIES a - All Rights Reserved
Code Enforcement Detail
Page 1 of
June 26, 2014 - 9:11 AM My Account I Disclaimer I Privacy Policy
' Monroe County eGovPLUS
CODE ENFORCEMENT
Case Number I CE11040080
Case Date
04-19-2011
Origination
HONE CALL
Operator
atwells
PROPERTY
ON CASE
RE
100138980000000
Property Address
F1 W CYPRESS TERRACE
City/State/Zip
I KEY WEST FL 33040
DETAIL
Tenant
Add Info
Status
Officer
Owner
Owner Address
City/State/Zip
Phone
7008 1830 0000 9286 1658
L LIEN CREATED
KW
RUIZ MARIA CHRISTINA
1 WEST CYPRESS TERR
KEY WEST FL 33040
CASE DESCRIPTION
APPEAR TO BE BUILDING A TIKI HUT W/O PERMIT. THERE
WERE SEVERAL WORKERS THERE WITH LARGE PILES OF _ _ -
PALM FRONDS THAT LOOK LIKE THEY GO TO A TIKI HUT.
COMPLAINT CODE(S)
1: CONSTRUCTION WITHOUT PERMIT
__._..._. _ _w----------- ..____________ ____ _
2: CONSTRUCTION WITHOUT PERMIT
VIOLATION C E S
1: 110-140.(1) -- BUILDING PERMIT REQ/CH 6
2: 130.186. -- MINIMUM YARDS/SET BACKS
3: 6-27.(B)(2)H UNSAFE PERMITS INSPECTIONS C.0
2011-06-28 15:29:33 TALKED TO MRS. RUIZ SEVERAL TIMES IN REGARDS TO THE
TIKI HUT AND ITS PERMITTING. SHE HAS INFORMED ME THAT
. .
THEY HAVE SPOKEN TO REY ORTIZ FROM PL.......................... ................. _...
APPLING FOR A VARIANCE TO KEEP THE TIKI. ND
INSPECTIONS/EVENTS
DETAIL
DA I E
TIME
!NSPECTION / EV F NT TYPE INSTRUCTIONS / COMMr NTS
12-10-2013
16:20:50
COMMENT CODE
RECEIVED LETTER REQUESTING MITIGATION OF
FINES. PUT IN FILE.
ORIGINAL FILE IN COUNTY ATTY'S OFFICE
12-10-2013
11:22:53
COMMENT CODE
IN MARATHON FILED BY MONTH OF LIEN
_ (MARCH 2012)
12-06-2013
16:15:41
COMMENT CODE
IN COMPLIANCE 6-27.(B)(2)H
COMPLIANCE DATE WAS: 09/24/13
12-06-2013
16:15:30
COMMENT CODE
IN COMPLIANCE 130-186.
COMPLIANCE DATE WAS : 09/24/13
12-06-2013
16:15.21
COMMENT CODE
IN COMPLIANCE 110-140.(1)
COMPLIANCE DATE WAS: 09/24/13
TIKI HAS BEEN REMOVED FROM PROPERTY AND
GATE PERMIT #11103826 FINAL INSPECTION
09/24/13.
Code Enforcement Detail
Page 2 of 3
06-30-2011
12:36:22
COMMENT CODE
06-30-2011
12:36.11
COMMENT CODE
06-30-2011
12:35:59
COMMENT CODE
06-30-2011 12:35:40 COMMENT CODE
COMPLIANT OF CODE VIOLATIONS
09-24-2013 13:49:45 COMMENT CODE 110-140. (1)
130-186.
6-27.(B)(2)H. ND
-- EMAIL TO PO: - - --- -
. FINE(S) IN THE AMOUNT OF $450.00
DAILY HAVE ACCRUED FOR 607 DAYS FOR A
TOTAL OF $273,150.00 TO DATE, AND WILL
CONTINUE TO ACCRUE DAILY UNTIL
COMPLIANT.
YOU WILL HAVE GAINED COMPLIANCE ON THIS
CASE WHEN BOTH PERMITS HAVE PASSED ALL
THE REQUIRED INSPECTIONS AND THE PERMITS
09-10-2013 10:02:49 COMMENT CODE ARE CLOSED.
GATE PERMIT 111-3826 NEEDS INSPECTIONS.
COSTS ARE $219.99 AND CONTINUE TO ACCRUE
UNTIL THE CASE IS CLOSED.
. ONCE YOU GAIN COMPLIANCE YOU MAY
SUBMIT A LETTER EXPLAINING ANY
MITIGATION CIRCUMSTANCES, AND A
TIMELINE, FOR CONSIDERATION BY THE
MONROE COUNTY ATTORNEY'S OFFICE FOR
MITIGATION OF THE ACCRUED FINES
PC FROM PO, THEY ARE PURCHASING ANOTHER
09-09-2013
09:59:28
COMMENT CODE
PIECE OF PROPERTY, AND FOUND OUT ABOUT
THIS LIEN - KAT
SM FINAL ORDER Et MPS RECORDED WITH
03-05-2012
11:21:22
COMMENT CODE
CLERK'S OFFICE ON 03/05/12 DOC# 1872854
BOOK 2558 PAGES 718-726.
FINAL ORDER ft STIPS SENT TO CLERK'S
03-01-2012
13:08:27
ORDER SENT TO MCCO FOR REC
OFFICE FOR RECORDING. OK TO FILE LIEN
PER COUNTY ATTY.
LIAISON MET WITH COUNTY ATTY It AIDE.
02-07-2012
16:04:42
COMMENT CODE
ORIGINAL FILE WITH LIAISON. LIEN NOT
FILED TO DATE.
CODE CASE NOT COMPLIANT OF CODE
VIOLATIONS
01-11-2012
12:27:21
REINSPECTION FOR HEARING
110-140.(1)
130-186.
6-27.(B)(2)H .ND
10 31 2011
14:09:09
COMMENT CODE
FINE CHANGED 6-27.(B)(2)HSTART
-
- _
DATE: 01/12/12 FINE AMT: 250.00
.. .............
10-31-2011
14:09:00
COMMENT CODE
FINE CHANGED 130-186.
START DATE: 01/12/12 FINE AMT: 100.00
10-31-2011
14:08:51
COMMENT CODE
FINE CHANGED 110-140.(1)
- - --
- - - - -
_ - ---
START DATE: 01 /12/12 FINE AMT: 100.00
- -- - - - - ---------
- -- --
STIPULATION FOR AN EXTENSION OF TIME TO
COMPLY SIGNED ON 10/31/11. FINES AS
10-31-2011
14:07:47
STIPULATION AGRMT. SIGNED
PREVIOSLY AGREED. NEW COMPLIANCE DATE:
01/11/12.
STIPULATION TO CODE VIOLATION AND FOR
TIME TO COMPLY FOR FIRST TIME OFFENSES
SIGNED ON 06/28/11. COSTS IMPOSED UNTIL
COMPLIANT AND FINES IN THE AMOUNT OF
$100.00 FOR THE CHARGES OF 110-140.(1)
06-30-2011 15:25:57 STIPULATION AGRMT. SIGNED AND 130-186 AND $250.00 FOR THE CHARGE
OF 6-27.(B)(2)H PER COUNT PER DAY IF
NOT COMPLIANT BY 09/14/11. NO REVIEW
HEARING SET AT THIS TIME. THE SM
APPROVED THE STIP AGREE AND ADDED IT TO
THE FINAL ORDER.
ADDED FINE ON 6-27.(B)(2)H
START DATE: 09/15/11 FINE AMT: 250.00
ADDED FINE ON 130-186.
START DATE. 09/15/11 FINE AMT 100.00
_.._.._ ............... .......... _-.v........
ADDED FINE ON 110 140.(1)
START DATE: 09/15/11 FINE AMT: 100.00
-COSTS CONTINUE TO ACCRUE UNTIL
COMPLIANT.
Code Enforcement Detail
Page 3 of
06-30-2011 08:14:29 SET FOR HEARING
06-15-2011
15:27:11
REINSPECTION FOR HEARING
NOT COMPLIANT OF CODE VIOLATIONS
110-140.(1) ft 130-186. ft 6-27.(B)(2)H.
06-03-2011
—08:13:40
DO NOT USE - CERT ON HEARING
_
GOOD SERVICE CERT NOV/NOH TO PO
MAILED NOV/NOH VIA CERTIFIED TO PO ON
06-01-2011
13:27:04
DO NOT USE - CERT ON HEARING
05/31 /2011.
_ _ _
CERT#: 70_08 1830 0000 9286 1658-B.R
05-26-2011
08:50:40
SENT TO DIRECTOR FOR REVIEW
_
SENT ORIGINAL FILE Et NOV/NOH TO DIRECTOR
FOR REVIEW ft APPROVAL TO MAIL. SA
PREPARED NOV/NOH TO PO
05-26-2011
08:50:11
NOTICE OF VIOLATION/HEARING
CERT #7008 1830 0000 9286 1658
HEARING DATE 6/30/201.1
05-25-2011
15:34:40
COMMENT CODE
PREPARING CASE FILE TO SEND TO SYL TO
_
SET UP FOR NOV E: NOH. ND
05-25-2011
15.33:49
REFERRAL TO BUILDING OFFICIAL
UNSAFE REFFERAL TO BUILDING 0FFICAL. ND
05-25-2011_
15:29:14
MAKE VIOLATION
_
MAKEVIO RECORDED DOWLING_N
05-02-2011
15:33:15
INITIAL INSPECTION TYPE
_
SITE INSPECTION AND TOOK PHOTOS. ND
04-19-2011
12:33:02
CREATE A CASE—
COMPLAINT RECORDED BY ATWELLS
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Your privacy is important to us, for more information see our privacy policy.
Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved
8/6/2014 Property Search -- Monroe County PropertyAppraiser
Scott P. Russell, CFA
Irm,mmProperty Appraiser
Monroe County, Florirc
da
reT - 1, 1 M67 N 0 ftu. T"u,
Nbrathon (305) 289-2550
Plantation Key (305) 852-
7130
Property Record Card .-
Maps are now launching the new map application vers�on.
Iternate 131 Parcel ID: 00153230-000000
ership Details
Mailing Address:
r�UIZ- CHRISTINA AND MANUEL
1 WEST CYPRESS TER
KEY WEST, FL 33040
:..:-roperty [..].*tails
PC Code: 01 - SINGLE FAMILY
Millage Group: 100B
Affordable No
Housing,
section -Township- 22-67-26
Range:
Property Location: 460 E AVE BIG COPPITT KEY
I .vubdivision: JOHNSONVILLESUBD
Legal Description: BK 17 LT 12 JOHNSOWLLEPB-1-53 BIG COPPITTOR474-220 OR743-216 OR1092-309(CSP) OR1094-558C
ORI 094-559(JB) ORI 175-327(CMS)
lap 1m; e to :::den interactNe viewer
I k I
kffm-1A, .... # —fl — 1Prnmc;Za=rrh =mny 115
8I612014 Property Search — Monroe County Property Appraiser
i ta Pi ta Vj Uj ^$
i
i
10 t? ?< a 9 10 t;
16271,60 t 5z"
DO 1 i 1152850
S i 3 c i i f
400 AVE E 500 AVE E _E
0
=a cn $ �'
400 AVE F 500 AVE F 121850
- F -- - — -
49820 149590_- _. t49580
149010 149t300 r
152 t00 r {
- AVE E
m.
rs E s
�-
1408
q F AV 12i 5d`
Land Use Coe Frontage Oepth Land Area
01 OD - RESIDENTIAL DRY 30 100 5,000.00 SF
uilding Summary
Number of Buildings: 1
Number of Commercial Buildings: 0
Total Living Area: 1716
Year Built, 199
Nftn•AAeneeao e M nrn1PrnrcCanrrih a.¢nY 2J5
8/6/2014 PropertySearch — Monroe County Property Appraiser
Building I Details
Building Type R1
Effective Age 17
Year Built 1994
Functional Obs 0
Condition A
Perimeter 234
Special Arch 0
Economic Obs 0
Inclusions: R1 includes 1 3-fixture bath and 1 kitchen.
Roof Type GABLE(HIP Roof Cover ASPHALT SHILL
Heat 1 NONE Heat 2 NONE
Heat Src 1 NONE Heat Src 2 NONE
Extra Features:
.;,2.CO F7
2 Fix Bath 0
3 Fix Bath 1
4 Fix Bath 0
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 0
T 2� I � 1.01�
L 0FT
On
Quality Grade 500
Depreciation % 22
Grnd Floor Area 1,716
27 FT.
1 4
FT
44 FT
E-'- L , F-PLOf , I , ,100 FT.
0� 3
F12A , lk)01 - ` U8 00
FT
ELF -A)"114
MCI - 40!X' 8 FT
I F FT 2
—
I ?
1 FT
Foundation CONC PILINGS
Bedrooms 2
Vacuum 0
Garbage Disposal 0
Com caster 0
3ecurity 0
Intercom 0
Fireplaces 0
Dishwasher 0
44 FT.
O'Cl FT
12.00 FT P0007
8 Urj FTA"",
1 20 00 - 46 0" 8 FT
{D F`>
13ections:
Nbr Type
Ext Wall # Stories
Year Built Attic AID Basement % Finished Basement %
Area
0 ELF
1
1994
96
0 ELF
1
1994
624
0 0PX
1
1994
120
0 FLA
5:C.B.S. 1
2004
528
htf-/AAAw rr Mfl nrn1PrnNqAnrr.hmqnw 3/5
8/612014 Property Search- Monroe County Property Appraiser
3 FLA 5:C.B.S. 1 1994 N Y 0.00 0.00 1,188
............ ---- .............
.......................
-:1sc!rnprovement Details
rajser Notes
................. -- ........... ............
14-1 EA AND CONDITION ADJ WILMA FOLLOW-UP DAMAGE. 2/27/2007. RON
............
�.::ullding Permits
arced Value Hi::tory
'
'P -w-Taxes. for this Parcel.
Roll
Total Bldg
Total Misc
Total Land
Total Just
Total
Assessed
School Exe rn pt
School Taxable
Year
Value
Improvement Value
Value
(Market) Value
Value
Value
Value
2013
187,713
2,682
115,000
305,395
305,395
0
305,395
2012
192,291
2,728
90,000
285,019
285,019
0
�'85,019
2011
192,291
2,870
67,500
262,661
262,661
0
262,661
2010
196,870
3,048
70,000
269,918
269,918
0
269,918
z009
218,856
3,191
78,750
300,797
300,797
0
300,797
2008
201,247
3,333
180,000
384,580
384,580
0
384,580
2007
284,245
3,203
225,000
512,448
512,448
0
512,448
2006
394,664
3,329
225,000
607,206
607,206
0
607,206
2005
225,522
3,456
200,000
428,978
428,978
0
428,978
2004
159,276
3,612
125,000
287,888
287,888
0
287,888
2003
207,059
3,739
37,500
248,298
248,298
0
248,298
002
131,966
3,865
37,500
173,331
173,331
0
173,331
?001
124,833
3,741
28.750
157.324
157,324
0
157,324
2000
124,833
3,945
23,750
152,527
152,527
0
152,527
Wn-MmAw rnrnRfl nrnIPrnNqFLqrrh FiRnx 4/5
8/612014
Property Search -
Monroe CourdyPropertyAppraiser
1999
117,699
3,831
10,500
132,031
132,031
0
132,031
1998
110,566
3,731
10,500
124,797
124,797
0
124,797
1997
103,433
2,056
10,500
115,989
115,989
0
115,989
1996
94,160
1,934
10,500
106,593
106,593
0
106,593
1995
94,160
2,017
10,500
106,677
106,677
0
106,677
1994
0
0
10,500
10,500
10,500
0
10,500
1993
0
0
10,500
10,500
10,500
0
10,500
1992
0
0
10,500
10,500
10,500
0
10,500
1991
0
0
10,500
10,500
10,500
0
10,500
1990
0
0
10,500
10,500
10,500
0
10,500
1989
0
0
6,250
6,250
6,250
0
6,250
1988
0
0
5,000
5,000
5,000
0
5,000
1987
0
0
5,500
5,500
5,500
0
5,500
1986
0
0
5,500
5,500
5,500
0
5,500
1985
0
0
4,500
4,500
4,500
0
4,500
1984
0
0
4,500
4,500
4,500
0
4,500
1983
0
0
4,500
4,500
4,500
0
4,500
1982
0
0
3,759
3,759
3,759
0
3,759
-1-ircel Sales History
Sale Date Official Records Book/Page Price Instrument
611/1991 1175/327 12,000 Wiz
61111989 1094/559 48,000 WD
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Monroe County Monroe County Property Appraiser
Scott P. Russell, CFA
P.O. Box 1176 Key West, FL 33041-1176
Qualification
Q
M
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