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Item Q02BOARD OF COUNTY COMMISSIONERS * TIl CERTAIN 10:30 A.M. * AGENDA ITEM SUMMARY Meeting Date: January 19,2011 Division: County Attorney Bulk Item: Yes No xx Staff Contact Person/Phone #: Lisa Granger X3470 AGENDA ITEM WORDING: Request by property owner, Shawn Renz, to reduce a one time fine of $3900 ordered by the Code Compliance Special Magistrate in Code Case #CE10040092 for irreparable & irreversible first time violations of the County's vacation rental ordinances to $975 (25% of one time fine. ITEM BACKGROUND: On August 25t', 2010, the Special Magistrate heard a code case for violations of the County's vacation rental ordinances at 1533 Lantana Lane, Big Pine Key. Mr. Renz did not appear at the hearing but he was represented by an attorney who argued on his behalf (therefore his due process rights were protected). Mr. Renz did not contest the violation. At the close of the hearing, Mr. Renz was found in violation of MCC Chapters 130-83(b) 14 (Vacation rentals of less than 28 days in an improved subdivision are prohibited), 134-1(k)(1) (Advertising for short term rentals in a land use district where short term rentals are prohibited) and 6-27(b)(2)j (the Building Official has deemed the property unsafe due to the illegal or improper use &occupancy). The Special Magistrate ordered daily fines if compliance was not achieved by September 15, 2010 and ordered a one time fine of $3900, which was reduced from $5000 at the urging of Mr. Renz's attorney. The one time fine was ordered because the Special Magistrate found the violations to be irreparable and irreversible. There is no legal requirement that a one time fine be ordered only for repeat violations. Subsequent to the hearing, Mr. Renz's attorney filed a motion to the Special Magistrate for clarification and memorandum of law for mitigation of one time fine. After a thorough review of the motion and the County's response, the Special Magistrate issued an Order denying the motion, finding that arguments made against the one time fine were made at the hearing and rejected at the hearing, and that the order was unambiguous and did not need to be clarified. Mr. Renz and his attorney then requested that the one time fine be reduced by the County Attorney for Code. The request was denied because by their very nature, violations of the vacation rental ordinance are irreparable and irreversible. Under F.S. 1 52.09(2)(d), if the Special Magistrate finds a violation to be irreparable or irreversible in nature, then a fine of up to $15,000 per violation can be imposed. Again, the Statute does not say that the violation has to be a second or repeat violation for a one time fine to be imposed. Clearly, the Special Magistrate found the violations to be irreparable and irreversible in nature and ordered a one time fine consistent with the short term rental rate charged by Mr. Renz. Mr. Renz is now asking the BOCC to reduce this one time fine to 25% of the total amount. All other issues have been decided and finalized by this time and Mr. Renz did not appeal the Special Magistrate's Final order. The only issue before the BOCC is whether to reduce the one time fine. F.S. 162.09 (2)(b) sets forth the factors to be considered in determining the amount of the fine as: 1. The gravity of the violation (the County considers violations of the vacation rental ordinances to be irreparable, irreversible and very serious especially to the surrounding neighbors who are affected the most and one of whom testified to that effect at the code hearing); 2. Any actions taken by the violator to correct the violation (the County has learned through contact with and emails from Mr. Renz's short term renter/customer that Mr. Renz did not cease his short term vacation renting but simply transferred his customers from the subject property to another property that he owns which is also located in a zoning district which prohibits short term vacation rentals); and 3. Any previous violations committed by the violator (the County does not have knowledge of prior violations, however the County does know that Mr. Renz had held a business tax certificate in Monroe County as a real estate sales person for 5 years from 2003 to 2008)). For these reasons, the County Attorney for Code Compliance is recommending that the one time fine should remain as ordered by the Special Magistrate. PREVIOUS RELEVANT BOCC ACTION: N/A STAFF RECOMMENDATIONS: The reduction of the one time fine be denied. TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year t APPROVED BY: County A OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required, DISPOSITION: Revised 7/09 AGENDA ITEM # BEFORE i HE COUNTY CODE ENFORCEMENT SPECIAL MAwSTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. A �m 67jz Respondent(s). � Case No. CE Zoo�C/ !�`oU�� Subject Property Real Estate Number: e � Z-d o r� 71,49 _&6 FINAL ORDER 0=0 2806397 09/21/2010 12:58PM Flied & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE D,Dc## 1806397 810 2484. PgK 187 Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspector(s) and/or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: T Respondent(s) and/or Au Representative �w� we ere not present and di not ntest the violation(s) set forth in the Notice of Violation/Notice of Waring which is incorporated herein as if fully se forth. ( The Respondent(s) is/are the owner(s) of property located within Monroe Countyand was/were duly notice y d of the hearing. The Respondent(s) is/are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and investigating this matter. Costs will contimie to accrue until compliance is achieved and case is closed. Furthe o ,the espondent(s) shall comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before ("THE COMPLIANCE DATE°). In the event the violation(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN, fine(s) in the amount of: $ 1130 U0000" z 06 /3 S� -/ �.-� � SOv as for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are hereby ORDERED. Wa one time fine of $ .3 a6, �D is ORDERED, and the condition causingthe violations is found � } d to present a threat to the public health, safety and welfare. It is further ordered, that the County is hereby authorized to make all reasonable repairs which are required to bring the property into compliance and charge the respondent(s) with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter. IT IS THE RESPONDENT 5 RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE ENFORCEMENT AT 305 453-8806 FOR THE UPPER KEYS: 305 289-2810 FOR THE MIDDLE KEYS: 305 292-4495 FOR THE LOWER KEYS. In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Enforcement and mail to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050. ( ) The Respondent(s) were in violation of the MONROE COUNTY Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and/or fines ($ } to Monroe County Code Enforcement within thirty (30) days of this Order. FINAL ORDER PAGE 2 CASE NUMBED.; CL1 0040092 Respondent(s) mailing address of record, with. the Monroe County Property Appraiser's Office. RIENZ SHAWN E I 10 FLAGSTAFF RD PHILADELPHIA., PA 19115 Location of Subject Property: 1633 LANTANA LN BIG PINS KEY, FL. 33043 RE NUMBER-. 00271930000000 r roc# ise*5397 6101 24484, Pg# 188 APPEAL PROCEDURES Respondent(s) shall. have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said. Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONR.OE COUNTY,, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER. PURSUANT TO SECTION 162.11, FLORIDA. STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE of ORDER I hereby certify that this is a true and correct copy of the above Order. INICUIC IV1. rUir C , Llalson 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. nail to Respondent(s) address of record with the Monroe County Property ppraiser's Office as referenced above and/or Authorize _ e resentative on this day of 20 0if AK . Nicole M. Petrick, Liaison PAGE 2 of 2 MONROE COUNTY T F I C'I IAL RECORDS VACATION RENTAL CONTRACT FOR 1633 Lantana Lane Big Pine Key Florida 33043 (VRBO# 125145) THANK YOU FOR CHOOSING OUR PROPERTY FOR YOUR VACATION! Arri -al on June 25, departing July 9, 2010 The property is completely furnished with all amenities including all cookware, cooking utensils, bath towels, and all bed linens. You should only need to bring your clothing, food and toiletries. Remember to bring toilet paper. The property will be thoroughly cleaned before your arrival including towels and fresh bed linens on all beds. We ask that you leave the property neat and clean. PLEASE TAKE OUT ALL TRASH AND PUT IT DOWN AT THE STREET WITH LIDS securely snapped down and placed inside the wooden trash can holders, wash and store all dishes, close and lock all windows, clean out refrigerator, etc. Please also wash and dry your towels before departing. g The cleaning crew is not at the property long enough to wash and dry all sheets and towels. This property is in a residential neighborhood and loud parties and foul language will not be tolerated. If there are complaints from neighbors, calls to the police, more than 10 people at the property, or loud/late parties, this will compromise your security deposit and your lease/stay can be terminated immediately. Not disclosing that you are bringing a pet will also result in forfeiting your entire deposit. Please be honest as our pet fees are minimal when disclosed up front. If anyone in your party smokes, PLEASE DO NOT SMOKE IN THE HOUSE. Smoking in the house will compromise your security deposit. Please also dispose of all cigarette butts ro erI . P P y This does not include the gravel on the property, or any other part of the property or the woods next door. The pool is serviced by a pool maintenance company. If you will have any small children swimming in the pool, please instruct them to use the bathroom, not the pool. The pool service also tests for urine traces. In the interest of having the best water quality we also do not allow pets in the pool. The pool is one of the biggest attractions of the property and we do the best we can to keep it as clean as possible. Two simple things you should do to help P kee the pool in good shape are to use the hose to fill the pool to the middle of the skimmer and empty the py skimmer basket daily. You might not need to add any water at all. It depends on the weather. Since we received an electric bill for over $800.00 for one month, we decided to ut a limit on .P the electric. You will not need to conserve your use with this limit. We just ask that you do . not try to cool down all of Big Pine with the A/C from this house. The year- round nice weather puts enough of a strain on the system. We want you to be comfortable at the same time we just ask that you do not waste. Turning down the A/C by one or two degrees when you are not at the house will also help and not be uncomfortable when you come back inside. The hot tub temp should also be lowered when you are not using it. There is a limit of $200.00 for the electric for this stay. The use is determined by meter readings and any large overage will be deducted from the security deposit. We have not had many major problems with excessive use since adding g this language to the contract and we won't bother you 1 bill you for a slight overage. Arrival time is at or after 4 PM and checkout is at or before 10:30 AM. If possible, we will make exceptions to these times. We will have a better idea of that option within a week or so of your arrival. We need to allow enough time for the cleaning crew to get the property y read for the next tenants. Please help with this by washing and drying all towels before you leave. PLAINTIFF'S EXHIBIT Your security deposit will also be used to cover the costs of repairing any damage or replacing missing items that might occur during your stay. If you notice any damage upon your arrival, please inform us immediately. Please pay attention to the due dates of your initial deposit and final balance. We have the right to cancel this contract if we do not RECEIVE your deposit within 6 days. We are also relying on your final payment to meet our ever increasing expenses at the property. If we have not received the final balance within 30 days of your stay, we will have the right to rebook your stay with another party, and your deposit will be forfeited. If there is no damage or missing items, your deposit will be returned within 21 days. Your deposit is not refundable if for any reason you cancel this contract. We will only cancel this contract if the property sustains severe damage that can not be corrected prior to your arrival. In that case, your deposit or full payment would be returned in full. If a mandatory hurricane evacuation occurs during your stay, you can make up any missed days at no charge around the same time frame that year or the next year. If you rebook for the following year, the per them rate will be calculated and deducted from the total. THIS PROPERTY HAS A SEPTIC SYSTEM WHICH IS VERY SENSITIVE TO WHAT IS FLUSHER AND WHAT IS PUT DOWN THE DRAIN. ONLY USE TOILET PAPER IN THE TOILETS, NOT PAPER TOWELS, NAPKINS, TAMPONS, ETC. The first tenants that stayed at the property had a problem, but there have been no other problems since adding this language to the contract on 1/10/2008 Please remember to advise any guests you might have. If the plumbing system backs up and needs to be snaked, you will be responsible for the bill for the plumber. paying We hope you have fun, relax, and enjoy your stay. Feel free to call us with any questions. Shawn & Maria Shawn's cell 215-681-5868 Maria's cell 215-681-6717 Fax 215-464-3039 Email BPK oolhouse cs.com Rentalrate............................................................................ $3000.00 11.50.,,.o tax ...................... ...■.....................■..■...■.■.........■■■...■...F.$345.00 Refundable Security deposit.......................................................... $400.00 Cleaningfee........................................................................... $175.00 Petfee ......... 75 per week................................................................... $ Total............................................................... . ............... $3920.00 3 % Paypal fee.............................................................................................. $ Minimum 25°° deposit due now ............................................... $980.00 Total due within 30 days of your stay ........................................... $2940.00 You are swimming in the pool and staying at the property at your own risk. The persons signing p �g this contract understand and agree that the owners of the property are not liable for any injuryor death that might be incurred on the property or in the pool by the tenants, their children or their guests and their children. The tenants and their guests take full responsibility for an and all iy injuries or deaths that might be incurred. The tenants who are signing this contract agree to inform any guests they might have about the agreements in this paragraph and initial here PLAINTIFF'S EXH!PIT r When you are paid in full, you will be given the lockbox combination to access the property. There is another set of keys left inside on the kitchen table along with laminated instructions.PLEASE CALL DR EMAIL TO CONFIRM THAT YOU RECEIVED THIS CONTRACT AND AGREE TO ALL TERMS. Then complete the bottom portion of the contract and mail it along with your deposit to Shawn Renz, P 0 box 6006 Philadelphia Pa. 19114. Please remember to initial the first two pages and the first paragraph on this page. Once again we thank you for choosing our property for your vacation. Please print and sign your names below: Print name Print name Sign name Sign name Date Date Number of adults and children in your party Pets Full address incl. city, state, zip Phone numbers Fax # Email Shawn Renz Date Maria Renz Date Please also initial the first two pages and the first paragraph on the previous page. PLAINTIFF'S EXHIBIT 0 Florida Vacation Rental Sponsored Advertisement ^VRBOr II from HameAway a Nome a USA > Florida > Florida Keys > Lower Keys Area > Big Pine Key > VRBO Listing -P12 514 5 3 Private Pooh. Houses to Choose. Jul3t-Aug.,5Only$210/ nt Big Pine Key, Florida Vacation Rental by Owner Listing 125145 Location: Big Pine Key, Lower Keys Area, Florida Keys, Florida, Call owner USA (25 miles from Key West) View Map Accommodations: House, 3 Bedrooms + Loft + Office, 2.5 View Owner's Profile Baths (Sleeps 9-11) Phone 1: (21S) 681-5868 ALSO CHECK OUT OUR OTHER GREAT POOL HOUSES ON BIG PINE Phone 2: (215) 681-5868 KEY WITH POOL AND HOT TUB l LISTING NUMB' R 91445 AND (Pennsylvania, USA) 146605 CHECK A,L "HREE i! ONE HAS THE LARGEST POOL OF Please say "1 saWyour►istang sZ5145 ANY RENTAL IN THE LOWER KEYS. THE OTHER HAS THE BEST on VRBO'% Before contacting us, please PRICE IN LOWER KEYS FOR A 3 BEDROOM CANAL FRONT POOL check our calendar for your devred HOUSE! dares. This 3 bedroom, 2 1/2 bath with pool, hot tub, and outdoor shower is now being offered for Vacation rentals. The loft is being considered the third bedroom. Free neighborhood boat ramp Is an added bonus. The brand new pool (June 2007) is a must have in the Florida Keys since the weather offers year round swimming conditions. It also has a hot tub ! You're just five minutes from The Famous No Name Pub and minutes to the Blue Hole wild life sanctuary where you will probably see a gator and the Key Deer that Big Pine is known for. See the points of interest map and also check out our other pool propertIES on Big Pine Key (VRBO listing # 91445 AND your Cool poor is waiting# 146605. The sleeping arrangements at this house consist of a queen bed in the master bedroom, two twins in the adjacent bedroom, one queen and one twin bed in the loft, one queen size inflable bed, and one of the couches folds out to a queen bed. There are hundreds of deer on this Island and you'll probably see them right around the house. You will be on a boating canal which gives you access to World class fishing, diving, and snorkeling. Come for lobster season and you'll find lobster in just a few feet of water' You can get up to six per person per day and they taste great! They are spiny lobster which don't have claws but they still have that yummy tail. World renowned Looe Key Reef is 25 to 45 minutes from this house (depending on how fast your boat €s). There is a shopping center within 5 minutes of th►s, house and Key West Is just 25 miles from this island. You get the best of both worlds with this property. Enjoy the quiet retreat of Big Pine and relax in your pool or head to Key West where there is lots of famous places to eat and shop and the night life lasts long into the early morning hours. We provide all towels, linens, and fully equiped kitchen. The downstairs has two bedrooms with a queen bed in one and two twins in the other, The upstairs loft has a queen and one twin. The living room couch is a hide a bed / fold out. Vacation Rental Features Amenities Air Conditioning Washer Dryer Linens Provided Covered Parking Off Street Parking Parking For RV/Boat/Trailer Beds Queen Bed Twin/Single Bed Entertainment Cable/Satellite TV ❑VD Stereo System Private Hot Tub Pnvate Pool Kitchen Full Kitchen Refrigerator Dishwasher Microwave Outdoor Features Gas/Electric BBQ Grill Deck/Patio View/Location Waterfront, not Lake/Oceanfront. Ski -In Ski -out Ask for details Su►tabihty Pet Friendly Kid Friendly Smoking Not Allowed Activities ion site and Golf Shopping Sightseeing nearby) Restaurants Kayaking Sailing Boating Waterskiing Parasailing ]et Skiing Shelling Swimming Snorkeling/Diving Windsurfing Biking Cross Country Skiing Downhill/Alpine Skiing Snowboarding Snowmobiling Sledding/Tubing Hiking Fishing Cinemas/Movie Theaters Miniature golf PLAINTIFF'S b EXHIBIT 0/c_ 7 http://www.vrbo. com/125145 7/6/20 1 0 Rate Details (In US Dollars) Personal Currency Assistant" Jan - March and June-Aug.4995 monthsacr" per :week April - May 4195,00 per month 1425.00 ct:r Sept. + Oct. 2695.00 Month I -Iuvo p&-r w�Nk I :"9'- -ar,z, fesL Nov. 3995.00 112-95 per week Dec. i995 I :4L, per RATES ARE HIGHER FOR HOLIDAYS. Prices include utilities. 11.5 tax + 175 cleaning fee , 400 refundable security depGsit All credit card payments through paypal adds 3 surcharge limits on electric. Pet fees vary. 25 f�;f TOTAL secur&-s birking Note: Until confirmed, rates are subject to change without notice. Credit Cards Accepted: Dates available: Year Round Before contacting us, please check our calendar for your desired dates. Phone 1: (215) 681-5868 Phone 2: (215) 681-5868 (Pennsylvania. USA) Note: Each property is Individually owned or managed. Map & owner's Profile Year Purchased: 2004 Why the Owner Chose Big Pine Key I was only interested in properties that were on a good street, elevated boating canal, with room for a pool Eden pines is known for being a nice family neighborhood This is where all of the kids come for halloween The Unique Benefits at this House The pool and hot tub are the biggest draw Being able to dock your boat behind the house is a must have in the Keys. The waters provide world class fishing and diving. The Keys are also known for spectacular sunsets, We did lots of sunset cruises in our boat when we lived here I also landed hundreds, if not over a thousand quality fish. Not to mention the the hundreds of tarpon work outs I had You try getting them to the boat! They put all tackle 1 knots to the extreme test! Plenty of Lobster holes to be found from this house too. Thanks for looking! A Home sweet home This property is located on a nice wide Street in the well kept Eden Pines section B No Name Pub YOU FOUND IT And its lust five minutes from the house Be sure to put your dollar bill on the wall along with the 20.000 or so others Great bar food and fish stories seem to be had at every table C Winn dixie shopping center no need to travel long distance for food. drinks, etc This is the largest shopping center between Marathon and Key West Its lust a few minutes from the house There is a also a Key lime pie facto D FREE BOAT RAMP What more needs to be said? If its for free its for me' This is not one of those rock Owners Map of gig Pine Key .a This is a recent pic of myself and my wife and daughter We moved to the Keys in 2002 from Phildelphia Agcuinng 3 houses and making them something special came naturally to me I make my living as a real estate developer We have three pool houses in various price ranges to match any budget Big Pine Key is like no other place in the country 1 world Come see for yourself you will be glad you did' a � s v Watson &vd Bq Prue Key PLAINTIFF'S b EXHIBIT a az http://www.vrbo.com/1 25145 716/2010 and mud thingys This is a nice concrete boat ramp which is just 4110 mile from the front of the house There ne E Open water entry / exit from the house Its a 10 minute ride from the house to open water You get to see how everyone else lives in the Keys as you pass by the locals houses and boats Cover the kids eyes because there is a very pretty g F Parrotdlse bar and grill This is a great place to dine as you look out over the open water Its also the only place in the lower Keys that will bring your lunch to the dock if you call ahead Or just tie off to the dock and G Picnic Island Named by the toacls who just pull up into the shallows, throw the ancxhor and mingle with the tourists There is always dozens of boats loaded with people who know how to have fun. Cook your catch o H LODE KEY REEF World renound diving and snorkeling NO FISHING OR ANCHORING There are plenty of mooring bouyes to tie off People pay money to take charters out here You will only need to make the short trip f 1 Key West Its just 25 miles from the house to Key West Enjoy all that Key West has to offer, then come home to peaceful Brg Pine Property Photos your cool pool is waiting I - Vacation Home Rental in Eden Pines, Lower Keys, Florida other side of large living room with second sofa / steps to loft - Vacation Home Rental in Eden Pines, Lower Keys, Florida http://www.vrbo.com/125145 E 8• R IA lrir � _ Living room with spiral steps to loft 1 third bedroom and 1/2 bath - Vacation Home Rental in Eden Pines, Lower Keys, Florida This hot tub should help south those muscles after fighting fish PLAINTIFF'S EXHIBIT 7/6/2 0 I 0 New filet table (0312010} wide canal with So feet of dock space Covered deck overlooking pool and canal SO feet of dock space covered deck overlooking canal and brazed new pool (June 71DID7) Modern hall bathroom http: /www.vrbo.Com1125145 remote controlled fiber optic Rights change colors or U pick your favorite Kitchen has all you need to cook your catch J breakfast bar Mangrove snapper ilb shy of a world record. Caught near this houge I Modern master bathroom FREE COCONUTS with every booking 7/6/2010 A ----GP— 0 0. outdoor shower helps with getting the gang ready quickly for the night out Traveler Reviews This listing is opted out of reviews. Dates available: Year Round Before contacting us, please check our calendar for your desired dates. Phone 1: (215) 681-5868 Phone 2: (215) 681-SS68 (Pennsylvania, USA) Note: Each property is individually owned or managed. Vacation Rentals by Owner Listing #125145 There have been 38495 Visitors to this page since the counter was last reset in 2007. This listing was first published here in 2007. Date last modified - July 03, 2010 VREO@ is Vacation Rentals by Owner@ - The largest and most popular vacation rental &te Speirja1zing in BY OWNER vacation rientaIs, homes, condos, cabins, villas and apartments ALSO privately owned properties offered thru rental agencies and management compan+es. To report any problems with this site, please use our help form i URL http://www.vrbo.com/125145 i apCopyright 1995-2010 by VRBO cum. Inc , All rights reserved. Use of this website constitutes acceptance of the VRSO Terms and Conditions and Privacy Policy.-VRBO', -vacation Rentals by Owner", & Carpe Vacationum.'Seize the Vacation" Reg. U.S. Pat & TM Off PLAINTIFF'S � EXHIBIT a S 0�" http:llwww.vrbo.comll 25145 7/6/2010 Property Availability 3 Private Pool Houses to Choose July 31-Aug 5 Only $210 / nt #125145 0 Nights Unavailable Last Updated 4/7/2010 July 2010 S M T W T F S 4 -Z 3 4 3 6-7 8 9 10 11121314151617 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17181920212223 24 25 26 27 28 29 30 31 January 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3❑ 31 April 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3❑ 31 November 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 February 2011 5 M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13141516171819 20 21 22 23 24 25 26 27 28 May 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3❑ 31 August 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 ❑ 31 Sep ember 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 December 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19202122232425 26 27 28 29 30 31 March 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13141516171819 20 21 22 23 24 25 26 2728293031 June 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September 2011 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PLAINTIFF'S EXHIBIT http://www.vrbo.com/125145 7/6/2010 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM. MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, vs. CASE NO. CEI-0040092 SHAWN R-ENZ, Respondent. ORDER DENYING MOTION FOR CLARIFICATION This case is before the undersigned on Respondent's Motion for Clarification And/Or Mitigation of One -Time Fine of $3900.00, ("Motion"), which Shawn. Renz ("Renz") filed on October 13, 20 1. 0. Petitioner Mon -roe County opposes the Motion, and filed a response in opposition thereto on October 20, 2010. Renz urges the undersigned to "clarify" the Final Order so that the one-time fine of $3,900 would be due only if the County proved a repeat violation.. The order, however, clearly provides that the one-time fine is due immediately and unconditionally. Because the order is unambiguous, there is no need for clarification. In his remaining arguments, Renz essentially contends that imposing a one-time fine, unconditionally, would be either legally incorrect or unjust. To the extent these arguments were made at the final hearing, they were rejected in the Final Order, which was subject to judicial review. Newly raised arguments will. not be entertained at this juncture. See City of Palm v. Palm Ra Greens, LLC,, 969 So. 2d 1187, 1.190 (Fla. 5th DCA. 2007)(code enforcement board's final order not subject, under statute, rule or code provision, to motion for rehearing). Upon consideration, therefore, it is ORDERED that the Motion is DENIED. �fiy ley ?441 DONE AND ORDERED this ' day of November, 2010, at the Division of Administrative Hearings, Tallahassee, Florida. COPIES FURNISHED: Lisa Granger, Esquire Assistant County Attorney 1111 12th Street, Suite 408 Key West., Florida 33040 Lee Robert Rohe, Esquire Lee Robert Rohe, P.A. Post Office Box. 420259 Surnmerland Key, Florida 33042 Ms. Nicole Petrick Code Enforcement Liaison Monroe County Code Enforcement Monroe County Governmental Regional Center 2798 Overseas Highway Marathon, Florida 33040 40i MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY CODE ENFORCEMENT Petitioner Case No.: CE10040092 0 SHAWN RENZ, Respondent Monroe CountyCode Enforcement's Resaonse to Res ondents' Motion for Clarification/and Memorandum of Law for Mitigation of One -Time Fine of $3900.OQ Monroe County Code Enforcement by and through the undersigned Assistant County Attorney files this response in opposition and objection to Respondent's Motion and in support thereof states the following grounds: 1. The Respondent's Motion is time barred. The time within which to appeal the Final Order of the Special Magistrate has expired. Florida Statute 162.11 provides "An appeal shall be filed within 30 days of the execution of the order to be appealed." The Final Order was executed on August 26, 2010. The Respondent's Motion was filed on October 13, 2010. Therefore, the time to appeal expired before the filing of the Motion. 2, The Courtin Mills v. Laris Painting Co., 125 So.2d 745 (Fla. 1961 }, held that a party in an administrative proceeding may file an application to vacate or modify a prior hearing, but only (a) where the application is filed before the time for filing an appeal and (b) the motion must show grounds of mistake or newly discovered evidence. Id. at 747 The Respondent has not alleged either mistake or newly discovered evidence* ,6o,nffil 101Y, 111"A' 1 01 'k 3. The limited opportunity for rehearing recognized by the Court in Mills is consistent with the intent of Florida Statutes Chapter 162. In fact, the intent of chapter 162 would seem to discourage motions in code enforcement. Florida Statutes Section162.02 provides "authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, and effective, and inexpensive method of enforcing any codes ordinances in force in counties and municipalities, where a pending or repeated Violation continues to exist." 4. If �h� Respondent is asking only for clarification/mitigation of the Final Order then the County submits that the Final Order is clear on its face. The imposition of the $3900 fine i's clearly stated on the Final O�der as a one time fine, Contrary to the Resp�nden�s allegation throughout the Motion that the $3900 fine is a retro-active fine, the one time fine was not ordered as a retro-active fine nor does it operate as a retro-active fine,, While the Respondent himself was not present at the August 26, 2010 hearing, counsel for the Respondent was present and did argue against the imposition of the one time fine. Counsel for the Respondent was instrumental in having the amount of the one time fine reduced from the requested-$5000 to $3900. Counsel did not argue at the hearing that the one time fine was retro-- active and the Special Magistrate did not call the one time fine a retro-active fine. The Respondent was clearly provided opportunity to b e heard and therefore did exercise his due process rights. 5, Paragraph 6 of the Respondent's Mo�ion, is very misleading. The County did not simply "reset the hearing for August 2010!". C�unsel for the Respondent requested a continuance of the original July 29, 2010 hearing to August 26, 2010, Please see the Respondent's continuance request attached heretdo 6. While it is true that the compliance date given in the Notice of V,|o|at|-on/Notice of Hearing was July 7, 2010, that date was effectively extended by both the continuance request and the Final Order which ordered the compliance date of September q 5, 2010. Therefore, the Respondents due process rights were ffl R- RE a In not prejudiced by the date set forth on the Notice of Violation/Notice of Hearing. 7. Furthermore, as late as August 24, 2010. as evidenced by emails attached hereto (som�eofwi icevidence by Respondents cuseat the August heaang)�the Respondent was not in full compliance, In the ernails dated August 16, 2010 from the Inspector to Susan Rohe, (counsel for the Respondent's assistant/paralegal), the Inspector not only continued to request the Respondent's business tax license but she clearly stated "This case iS'll moving forward as scheduled for August 26, 2010 starting at 9:00 am." For the Respondent to now argue in paragraph 6 of his Motion that"the undersigned was even under the impression that the hearing might be cancelled until he was finally advised via email on August 25, 2010 that the case would not be dismissed" is insincere. 8. In paragraph i the Respondent argues that "Counsel for Monroe County, without giving advance notice to the undersigned, proceeded to present a surprise witness, Deputy lated to provide a list Bradford Cole'". The County is not oblig- witnesses to the Respondent, Often times , the County snot� aware that members of the public wish to be heard in reference to a particular case until the morning teg. s are open to hef public. The County did Enforcement hearing not subpoena Deputy Cole for attendance at the hearing. In the Bounty's opinion, Deputy Cole°s testimony was not necessary for the County to prove its case or meet its burden. The inspector's testimony and evidence m OWN" vationhempos tion of daily were sufficient for the finding of o fines and the imposition of the one time $3900 fine,. 9. In fact, it is the County's position that the very nature of an unsafe use and a vacation rental use in a zoning district where vacation rental use is prohibited is irreparable and irreversible. Florida Statutes 162.09(2)(d)(1) provides authority for the Special Magistrate to impose a fine "up to $15,C100 per violation ion to be irreparable or if the Special Magistrate finds the violation irreversible in nature." B®3 1 , See also Monroe County Code Sect -ton 10. After hearing the testimony of the Inspector and Deputy, Cole, i weighing the evidence submitted by the parties and hearing argument of counsel for the parties, the Court found the violations were proven, and were irreparable and irreversible in nature. The Final Order was supported by the facts and law. The Resp ndenf s Motion should be denied. Wherefore, for all of the foregoing reasons, the County a respectfully requests that the Respondents Motion be denied. Dated: October 20, 2010 Respectfully submitted, ,submitted,, 7bl8A GIIAN . E R .19410, Assistant County Attorney I I I I I 2th Street Suite 408 Key West, Florida 33041 Attorney for Petitioner CERTIFIC.TE OF SERVICE I hereby certify that on October 20, 2010, the foregoing haseen mailed by U,S. mail to Lee Robert Rohel Esquire, Attorney for the Plaintiffs, 25000 Overseas Highway Suite 2, Summerland Key, Florida 33042. Ar, Byo Lisa Granger, Esquire,. FBN,, 619310 Assistant CountY AttOmeY 1111 1 e Street, Suite 408 Key WestWest,,FL 33040 (305) 292-3470 y�iy�;�iffii Y �r • �t�Ul.. i 3057454 Y�iv. dd.Y J.0 1 27 10 134 x PGP Lee.: Rohe� k �. "" ""i ..... ..... � c * MEN .SPECIAL ... M014ROO COUNW, fLO ptioriv, (301 ., 0 Mail to: 79 overman 1119::.. , p � t FL 3305 RequeSt for Continuance hearing dates even if granted by We �!�Wal a9�t�t0. ltte.o, na un"CO Of ar will not !!Rp daily � �m j1� 0 � .� o r �. .. . ......... . x Phone Case. Has a continuancebeen requested before7 ye.s No Current Hearing Da Explain In detaii. whY cont "inuanc s reQueSted (You may use the. back if addhional space Is needie��)'. X+0010Y hs--41�-r At re lomcx u -e A.RkdL. U. Signature of proPertY Ow �rf . ease coactthe of ce prior O f arf�� to t#outcomec� your request, (Code End cunt Use Onty) New Case: ■ ievi Mh►w Case: Charges cited w t comments* M91straWs ApP� Opposed tom.. .. . .. ... ...... county Attom rpp� `�ropposed# ."Al ::....... . Rovised 9)27M9 3;I`i i355 ....... ... . .. �.. SPECIAL NAOMUTE. mW� m� �v in � of MO� CITY :tom tie t+�a PW�,�-s pay c m rat a"a � on ar � THEC� DATE �r ' "1 � Of A. t to. Mb tw CountyC4dn w�a fi alit. ram. .. 9?l aTEDwa9-4=1.. dara Pepe t d 2 nNAL ORIDER PAGE 2 CASE NUMURRI ClK1844W2 Rftpondent(s) nWfing address of record with the Njowot County ProoMy Approw Is Office: RXNZ SHAWN K 110 nAGSTAFF RD MHLADKLPMAk$, PA 19115 LOC460n ors*od Propedr, 1633 LANTANA LN BIG PINE KEY, FL 33043 RENUMBER-, - 00271930000M A�rgQGEDURM Of the Special mq;su� Respon&*o shall have 30 days flon th.c date *f thC foftPmg, to appeal said Ottler by filirig a Notim of AppaLL OViod by dw R4mpondwKs)1i,. ANY AGGRIEvED PARTY, INCLUDING MONROE COUNTY * MAY HAV E APPELLhTE RIGHTS WffH RMARD TO TEN ORDER PU"UANT TOswnON 162A 1,,, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LW= TO APPELLATE R.E.VERW OF THE RFMRD CREATED BRPORE THE SPECIAL MAGISMATE. ANY APPEAL MUSTBE THp, EugCIMON OF THS FUM WrfH CUWUrr, COU]kT WrnfIN 30 DAYS OF ORDERS 10CAnOVOR-DER I hereby cer6ty dW Ws is.. Uw aid wava cWy of the above, Order. ALL "aw1wr P I ba*y C00Y thO IL ftc md mr0d W" Of WS- CkdW hu bem fivinisbed 10 ft. 5 fiM rohm U S. "I to Respw&x9s) Wma of r�cW with dw.. Mown. via hmd delivery s C"fix asrefer .above an&or A camtyl Pfqp 0-ty &Y of -2 110 A AF on this t2O "Cole M. PCU*14 son .PACE 2 of 2 .. ... ... ... ...... .. . ...... ..... . . ..... . .... .. . . ... . . ... ... ...... ig I I" Y f fry. i� g Pa9c I Of lF m k TO* Sirlaw Cc Nwmllftnoa; Cwargw4-", P o subject. R � Lant Lane� �� P" � � OWW AM*#� AM ir ri If � �= from W�� UNOMMMOCOUnty- Sellb s��c�no�a t� 'I✓z�YIM �F Page 2 of 2 Ssano .The � maimed 8/16110, hove" ; we will alto neW a copy the Business Tax Licensefor this, rental proper. This case Is SO moving �� scheduW for August. 0 2010 starVn at 0# 0 am, Than* you, Dmk*n :mow Ir Mjr�Go'nment Wit'" 0-ra0von, ice. 33� T: 30&2.2563 F: 305L289,2536 1601 - ORIN 10 1 OEM U Page I of .3 Granger, -Lisa From: Peter so Sent: Thursday, October 14,2010 3:20 PM To: Granger -Lisa Subject FW: 1633 Lantana Lane, Big Pine Key Bmisr Fotffwn #VnMg fog* rgdo EftforCHWHOt MxW&ftft govffmog COMW ffSNflVArMSM0W ff"&ftn" F1 Mail T., - 395 Ms. ff8i 7 Ar 395.2VIMS MON From: 51riaw (mailto:sIrlawftellsouth-net] Sent,. Tuesday, August 24, 2010 1:39 PM To: Peterson -Denise Cc: lee mbert robe Subjecb Re: 1633 Lantana Lane, Big Pine Key HI Denise. I just faxed the information to you. it showed up online. Thanks. Susan From: Peterson -Denise <Peterson-Denise@MonroeCounty-R-,Gov> To: slrlaw@bellsouth.net Sent: Tue,, August 240 2010 1,036:58 PM Subject: FW: 1633 Lantana Lane$ Big Pine Key Hi Susan, I did a search for your client$s Business Tax License for the subject proPertY at 1633 Lantana Lane, 13PKv but no license was found Could you please forward us a copY the et, application if your client has applied for a license? Maybe it is not In the system Y Thanks, Denise Peterson Monroe County Code Enforcement Marathon Government Center 27,98 overseas Highway Marathon, FL 33050 T. 305, 289. 25 3 F. 305,289.2536 Emay: pefqMon_de0I0qGMnroqqounty I-gov: From: Peterson -Denise Sent: Monday, August 16, 2010 114 PM To: 'sIrIaW subject RE: 1633 Lantana Lane, Big Pine they yes, a license is needed for a long term rental and each property needs to be licensed separately., 1 1% 11 A 10)AII A �J'. )aQI•t I IN 01"I Page 2 of 3 Kindly, Denise Peterson Monroe County Code Enforcement Marathon Government Center 2798 Overseas Highway Marathon, FL, 33050 T, 305.289.2563 F.- 305.289.2536 Email: petersondenise@jnpitroocQY#7tY-9-49Y .. ............. . . .... .... .. From: sl daw [malRo'-sirlaw@�bellsouth.net] Sent Monday, August 16, 2010 3-008 PM To: Peterson -Denise cc: Susan Rohe Subject: Re: 1633 Lantana Lane, Big Pine Key Hi Denise* Does he need this even though he is no longer short- term renting? I didn't realize you had to have a license for long term rentals. if so, does he need one for each property he is renting long term? Please advise. Thanks. Susan Rohe From* Peterson -Denise <Peterson-Denise@,MonroeCounty-FL.Gov> To: sldaw <sldaw@beHsouth.nets Usa <Granger-Lisa@MontoeCounty-FL.Gov>; Petnick- Cc: Norman Nicole <Norman-Ronda@monroecounty-fl.gov>; Granger - Nicole <Petrick-Nlcole@monroecounty-fl-gov> Sent: Mon, August 16, 2010 2:55&09 PM Subject: RE, 1633 Lantana Lanes Big Pine Key The property owner needs a Business Tax License for the subject rental property. The PO needs to obtain this license through the Tax Collectors office. Regards, Denise Peterson Monroe County Code Enforcement Marathon Government Center 2798 Overseas Highway Marathon, FL 33050 T: 305.289.2563 F- 305.289-2536 un Email: Q,#"QQMQM9�M.!W---A90,v . . ...... ... .... % . ........ From: si daw Imalltoo-sirlaw@bellsouth.net] 0 Sent Monday, August 16, 2010 2:41 PM To: Peterson -Denise Cc: Susan Rohe Subject Re: 1633 Lantana Lanes Big Pine Key Mr. Renz, he does not have a bus:'ness tax licenseo Susan Rohe for According to Lee Rohe, Esq. From: Peterson -Denise <Peterson-Denise@MonroeCounty-FL.Gov> To: s1fiaw <sIrlaw@bellsouth.net> Cc: Norman -Ronda Nvrman-Ronda@ rnvnrvecounty fl.gov>; Granger-Usa -cGranger-Lisa@Mon roeeounty-FL-Gov>; Petrick- Nicole <Petrick-Nicole@monroecounty-t1 -gov> Sent-, Mon, August 16, 2010 2:36:30 PM Subject: 1633 Lantana Lane, Big Pine Key I A/I A IIAI 0 a Page 3 of 3 06 Susan., The 12 page fax was received 8116110, however; we will also need a copy of the Business Tax License for this rental property. This case is still moving. forward as scheduled for August 26th., 2010 starting at 9:00 am. Thank you., Denise Peterson Monroe County Code Enforcement Marathon Government Center 2798 Overseas HighwaY Marathon, FL 33050 T.-- 305-289.2563 F,-, 305.289.2536 Email: ppterson-denIse@Mo0M0co Agov punty .. ................... Please take a moment to complete our Customer Satisfaction Survey: http://monroecofi.v*lrtuaItownhall.net/Pages/`MonroeCoFLWebDocs/css Your feedback islimportant to ustg communications to or from the County Please note: Florida has a very broad public records law. Most written regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 7 All Amni n XT, Oj 01 UN 7 P 2*f2 age From. E@WA-Nm TO: Ca. AWW Granner-Usa Peterson_-PmII!I .Sent Tuesday, Jul: 27;- 2010 4..,OD PM . ... .. Subject; RE.: REpresentatitin -of Shawn Renz/Request for File Copies Hem is the SCANNED Case file for W.Renzand the irwoiw. Thank you. Nicole Pctrick, CPM MCIUWCOUIU' .. ode EnfiDirce'ructit 2798 Ova Highway* suite 330 Mamdm,:xFL 33050 Phone-, (303)289..2309 F= (305) 289-2858 9-OV FFfixoniflolva, Oftw Eff Oft,"W aW@WPM.JXtI SaW. Tuesfty, July 27, 2010 3*027 PM TOO, Pebft_NiW'WII' C= Susan Rohe;:Granger-Usa ski . REpmsenbmw of, Sham RovIRequestfor FOe, Cop HI Nic'ole-v We have Just been retaJ-ned to.. reprsent Mr.: Shawn Rent who 3,z :schedule.d to have his heard on 7:129. 1 just faxe.d you a Hot ion f or Continuance and NOt.ice of Appearance;* appear oy :1 0. :f the item can be could you pleas'e" advise I*..f Lee needs to; continued? W . e have not even see his records yet. Also,, I am requ esti k, ng a dopy of his code file, Thanks. Susan .Rohe f or Lee Rohe, .Esq ... ... - — _-------- No VI'rus found "in this incomm,9 mcs"ge 4 Cbtcked by "G.�_ vvww.av& 900 Version- '0.851:/-Vv t�a 2711.1/3.031:. Re1eaw Date: 07/27/1002-09-0 0 IP . . 9 No Am found M"'" incom . ing irnemage. Checked by AVG - www,av9,COM /3034 - Rdcaw Datc; 07/29110 0437*00 va-M&COX q.0.851'/.V'ms.Datab=-i 2711 J 7=010: Page I of 2 Grangers,Usa From: Peterson -Denise Sent: Thursday, October 14, 2010 3: 13 PM To: Granger -Lisa Subject: Emailing: Receipt 26230-104329 - Business Tax Account 104329 - TaxSys - Monroe County Tax Collector RENZ SHAWN Business Tax account 104329 IWO im kip pi!v look"." Receipt Year 2011 Postmarked Date 07/01/2010 Receipt Start Date 10/01/2010 Receipt Expiry Date 09/30/2011 Renewable Yes Exemption NONEXEMPT Current balance $0.00 occupations Class Category 'ass APARTMENTS CONDOS HOUSES & COMMERCIAL UNITS PART & CONDO (RENT I`Print this receipt (PDf Paid 2010-08-24 $20-00 Rqcelpt 024-09-00002197 Aect Nurn 104329 Buslness RENZSHAWN 1633 LANTANA LANE 1310 PINE KEY, FL 33043 owner(s) SHAWN REND Naics Code Units Fee $20.00 -0 1% 14 A /P%INI IN 111 0 ,� ql Page 2 of 2 yr. 110 FLAGSTAFF RD Mailing SHAWN RENZ 1 ❑ FLAGSTAFF RD PHILADELPHIA, PA 19115 Account Status Active Physical Location MONROE COUNTY Business Mart Cate Cust©m Flags NON -TRANSIENT All receipts P~red 1w fMGwcw SbWVr Gaot'v sofiWWO nat warkr Copydght Q 199"010, (;rant Stmet Gmop. All rights reserved e Help e Contact us 9 Terms of service r Tax Collector home Please take a moment to complete our Customer Satisfaction Survey: i;tp://M nroecof'1.virtualtownhaU.neVPages/Mon,roeCoF WebDoes/css Your feedback is important to us! 'lease note: Florida has a very broad public records law. Most written comet *cations to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. AI MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY CODE ENFORCEMENT, Petitioner, V. CASE NO. CE10040092 SHAWN RENZ, 9% ved Respondent, RESPONDENT'S MOTION FOR CLARIFICATION/AND MEMORANDUM OF COMES NOW, Respondent, SHAWN RENZ, by and through his undersigned attorney who hereby files a Motion For Clarification And/Or Mitigation of One -Time Fine of $3900.00 based upon the following grounds: I Respondent was initially served a Notice of Violation on.july 15, 2010 See Exhibit A. Respondents' property was posted on July 14, 2010. 2. The Notice of Violation dated Ju 8., 2010 states the following language; " TO AVOID ATTENDING THE HEARING, all violations noted above must be corrected by 07/08/10. See Exhibit B. 3. It is clear that Respondent did not have notice nor a reasonable period of time to come into compliance prior to a hearing date being set since he did not even know about Monroe County's action until July 15 2010. 4. On July :L6_, 2010, Respondent (prior to hiring the undersigned to represent him) sent a letter to Monroe County Code Enforcement indicating That he had taken steps immediately, upon. receipt of the NOV to come into compliance and cease short-term renting. Monroe County staff received this letter on. July 19, 2010 according to the date stamp. See Exhibit C. 5. The Notice of Violation indicated that the hearing was set for July 29, 2010. Respondent retained the undersigned who filed his Notice of Appearance on July__271--- 01.0. 6. Instead of reviewing the case for compliance at that time, Monroe County reset the hearing for August 26, 2010. Prior to the hearing, Respondent was deemed to be in. compliance on all Counts. The undersigned was even under the impression that the hearing might be cancelled until he was finally advised via email on August 25, 2010 that the case would not be dismissed. See Exhibit D. 7, On August 26, 2010, Respondent was found to be in compliance on all counts. Counsel for Monroe County, without giving advance notice to the undersigned, proceeded to present a surprise witness, Deputy Bradford Cole in an effort to impose a fine against Respondent. 8. The undersigned was under the distinct impression that the $3900 fine was reserved to be imposed in. the event of a future violation only, and was not meant to punish the Respondent who was already in 2 Compliance. Fines are to be used as an. incentive for compliance and not for the purposes of punishment or retribution. 9. On September 24, 2010, Nicole Petrick, Liaison, sent the Respondent a letter requesting not only costs of prosecution, but also demanding that Respondent pay $3900.00 in. fines. See Exhibit E. Efforts to resolve this matter with County staff have been unsuccessful. 10. The undersigned has filed this Motion Requesting Clarification of the Special. Magistrate's intent. It has long been an established policy of the Special Magistrate for Monroe County to limit the imposition of fines to those individuals who are repeat violators in the Code Enforcement System or blatantly fail to come into compliance in a timely manner. Respondent is not, nor was any evidence presented, that Respondent should be considered a repeat violator. In accordance with Section 162.06, Florida Statutes, with the exception of (3) and (4), "if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation." Sending a notice to Respondent with a compliance date which has already passed is not reasonable notice. Under Section 162.06 (3), Florida Statutes, it is only the repeat violator who is able to be forced into an expedited hearing and have retroactive fines imposed upon him. Section 162.06 (4), Florida Statutes, does not include a provision for retroactive fines. It was this section (162.06 (4) which discusses serious threats and irreversible harm or injury that the County is applying to Respondent's tase in order to impose a 3- retroactive fine. W As previously stated, the undersigned had no advance knowledge that Petitioner's counsel was seeking to classify the violation as "irreparable or irreversible" prior to the introduction of the County's surprise witness at the hearing itself Nor did the reminder notice sent routinely by the County indicate any such. finding to warn the .1 .0 undersigned ndersigned or Respondent that a retroactive fine was pending. Section 162.09 (1) allows for a violator of a serious threat or irreparable injury to be charged with the "reasonable cost of the repairs." In the case at bar, there are no repairs to be made. It does not state that retroactive one-time fines are applicable. It was the undersigned's impression7 based upon the section of Florida Z::� Statutes outlined above,, that a fine was reserved in the event of a repeat violation and that at the conclusion of the August 26, 2010 hearing, no fine was 'imposed other than costs of prosecution. Based upon this understanding, the undersigned advised Respondent as such. The imposition of fines upon property owners is *Intended to serve as a mechanism to bring the property owner into compliance., not to generate revenue for Monroe County coffers or punish first-time offenders. Here is a clear case where Respondent was denied due process from the onset of the case. He did not even have an opportunity to come into compliance before a hearing was set and reset. Furthermore, Monroe County Code Enforcement chose to proceed with a hearing on this matter, even though they admitted that Respondent was in full compliance. To impose a one-time fine of $3900 upon Respondent is a clear violation of Sections 162.06, 162.07 and 162.N, Florida Statutes. 4 WHERE FORE, Respondent respectfully requests that the Special Magistrate should make a specific finding that Respondent is only obligated to pay the costs of prosecution at this time and the fine of $3 )900 is pply to be qppdied .....pendinR evidence of a re eat violation. Respectfully submitted, 4C LEE ROBERT ROHE, ESQ. Attorney for Respondent P.O. Box 420259 Summer .anal Key, F1 3 3 ) 042 (-305) 745-2254/745-4075 Florida Bar Number: 271365 CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing was furnished this day of October, 2010 to: Lisa Granger Esq., Monroe County Attorneys Office, P.O. Box 1026, Key West, Florida.33 )041 and Nicole Pe- trick, Code Enforcement Liaison, Monroe County Code Enforcement, Marathon. Government Center, 2798 Overseas Highway, Marathon, Florida 33050. LEE ROBERT ROHE, ESQ., P.A. 5 Code Enforcement De PAr ment 2798 Overseas Highway Marathda, Florida 33050 Voice: (305) 289-28 10 FAX: (305) 289-2536 County of Monroe Growth Management Division We strive to be caring, professional and fair AFFIDAVIT OF MAIL ITEM To: RENZ SHAWN E 110 FLAGSTAFF RD PHILADELPHIA, PA 19115 Case Number: CE10040092 Item description: NOV/NH Board -o-f-County ComMI:ssione q ,_.,r, Mayor Sylvia J, Murphy, Dist. 5 Mayor Pro Tem Heather Carruthers,, Dist. 3 Kim Wi i9M &ton, Dist I Gone Neugen� Dist. 2 Mann Di Gennaro, Dist 4 1, HEATHER D. HUGHES , of Monroe County Code Enforcement, declare under penalty of pequry, that I mailed a duplicate copy of the above mentioned document via first-class mail to the above named addressee(s). ................ Signatu. Printed Name: HEATHER D. HUGHES Date; 07/13/2010 Sworn to and subscribed before me this day of ...... 12010. -- ----- A�! INMIM- i State of Flori (Notary PubV MONROE COUNTY, FLORIDA CODE ENFORCEMENT DEPARTMENT ........ . ...... .. REGISTE"D M A TT Complaint Number: CE ic)cq nnONROE COUNTY CODE ENFORCEMENT AFFIDAVIT OF POSTING Case Number: CE10040092 Monroe County Code Enforcement declare under penalty of perjury, at I posted the property owned by: RENZ SHAWN E , described as 1633 LANTANA' LN I BIG PINE KEY, FL 33043 , having the property RE#.* 00271930000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 07/29/2010 . THIS NOTICE WAS POSTED AT: SUBJECT POPERTY AS STATED ABOVE Date: L4 10 . . . . ..... . ........ Time: V) t Monroe County Courthouse — 500 Whitehead Street, Key West Florida Date,* Time: Monroe County Courthouse — 31n 17 Overseas Highway, Marathon, Flo *da Date: Time: 5 Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date, - Time, if , Monroe County Code Enforcement, declare under penalty of pe�ury, that I mailed a duplicate copy of the above -mentioned Notice via First Class Mail to: RENZ SHAWN E I 110 FLAGSTAFF RD I PHILADELPHLA, PA 19115. Swom to and subscribed before me this day of Notary Public, State of Flon*da ON NO ft txH1131T y r-4 County of 16, Monroe Code Enforcement Department 2798 Overseas I-Eghway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: RFNZ SHAWN E Case Number: CE10040092 110 FLAGSTAFF RD PHILADELPHIA, PA 19115 Locaflow.1. N BIG.... 3 A .......... .3.3 Q. Re Number,* 00271930000000 DEAR PROPERTY OWNER, You are bereby notified that an investigation of the above property on 06/16/2010 found the followmg violation(s).- 130-83.(b) - RAPROVED SUB- VACATION RENTALS RENTALS OF LESS THAN 28 DAYS IN THE (IS) IMPROVED SUBDIVISION ARE PROHIBITED Corrective ,fiction. Required. - CEASE AND DESIST VACATION RENTALS IN THE IS DISTRICT. 134-1.(k)(1) - VACATION RENTAL PROHIBITED ADVERTISING FOR WEEKLY RENTALS IN A LAND USE DISMCT WHERE IT IS PROHIBITED Corrective Action Required: Cease and Desist All Vacation Rental activities at this location including the Advertising, Leasing of, Renting of, or Holding Out for Rent, this property. 23-72. - BUSINESS TAX REQUMD ALL RENTAL PROPERTIES REQUIRE A BUSINESS TAX LICENSE Corrective Action Required: CONTACT THE MONROE COUNTY TAX COLLECTORS OFFICE AND OBTAIN THE REQUIRED BUSINESS TAX. 6-27.(b)(2)j - UNSAFE ILLEGAL USE OCCUPANCY THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY UNSAFE DUE TO THE ILLEGAL OR IMPROPER USE AND OCCUPANCY Corrective Action Reqtlired.4 CEASE AND DESIST IMPR( EXHIBIT B MONROE COUNTY BUILDING DEPARTMENT AND/OR PLANNING DEPARTMENT TO OBTAIN THE NECESSARY PERMIT(S) ,AND/OR APPROVAL(S) TO BRING UP TO CODS OR TO CONTINUE SUCH USE(S). NO EXTRA TIME, TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFETY AND WELFARE. PLEASE TAKE NOTICE that a Public Nearing will he conducted by the Special Ma `state 3n the above case on 07/2912010 at 9:00AM in the Monroe CountyGovernment Regional Center, 2798 Overseas Hwy., Marathon, Florida. TO AVOID ATTENDING THE HEARING, all violation(s) noted above must be correct ed by 07/08/2010 . If a violation is corrected and then recurs, or if the violation is not corrected by the one specified, or if the violation is a repeat violation, the case may be resented to the Code Enforcement cement Special Magistrate even if the violation has been corrected prior to the hearin . P g Failure to correct the violation(s) may result in the imposition of costs of prosecution and fines - • P ,not to exceed $1,000 per day per violation for a first violation, $5,000 per day r violation for a P �' per repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. If the County is forced to correct your violation(s}� the Special Magistrate will order all costs incurred to be reimbursed to the County. THE HAPOSITION 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 attorneyor authorized agent. If g you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. appe You may request a continuance of the hearing for good cause shown unless an unsafe viol . i a#�on is alleged. Unsafe violations pose a serious threat to the Public Heal Safe and Welfare � Safety e . If you choose to request a continuance, a written request on the County's form must be made five (5) b usiness days before the date of the hearing. A request for continuance DOES NOT GUARANTEE postponement. of your hearing. Contact the office of the Liaison for the Special Magistrate to submit P � your request: 2798 overseas Ifighway, Suite 330, Marathon, FL 33050, Phone: 3 05 2 89-25 09 • Fax (305) 289-285 8. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need P � 3 y 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 RESPONSIBII,ITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR to confirm that you do not need to attend the hewing Please !�nK"ow' spector at the appropriate location: .- IF PETERSON, DENISE Lower Keys: 5503 College Road* Suite 204 Code Enforcement Inspector Key west, FL 33 040 (305) 292-4495 hfiddle Keys: 2798 overseas Highway, Suite 330 _ Marathon, FL 33050 (305) 2 89-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE I hereby ceftify that a copy hereof has been fumished to the above named addressee(s) by Certified Mait, Return Receipt Request No.: 7002 2410 0000 9898 4880 on 07/08110 Cody rfor ernent Department IF SERVICE IS NOT 013TAMD BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOnCE WILL BE POSTED AT THE SUBJECT PROPERTY AND 'TIC MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate M this proceeding, please contact the County Admu'll*strato:es Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (I0 calendar days prior to the scheduled meeting; if you are hean"ng or voice i t mpaired, call " 711 ki 1633 Lanatam Lane R E 't - ,,, numbs 00271930006000 07/16/2010 To whom it may cojeerD, I ana Ming this letter in respowe to your letter that I received yesterday, My 15. The letter lists the date of 07/08/2010 to correct the la'olations in order to avoid a hearing. However, I was not made aware of this 'issue until July 14 so it was n*npossible for me to take any corrmfive action pnor. to July 8. I hope the extreme measures I immediately took yesterday and today Will satisfy this situation. I am no longer offering the property for ANY TYPE of short term rental. The advertising has been changed to long Wrm only. I also contacted a local realtor regarding selling the property. This property has taken a huge finmcial toil on me as well as physicaffly. I ha,.;,e done my best to keep the house and keep it in good condition. It has taken countless hours -and dollars ftom me and I just simply cannot afford to carry the property any longer- I hope this will satisfy the con ems. Considering that I did .not receive the letter until one week after July 8, 20 10, 1 hope that I *11 not need to have a hea-ring. I live in Philadelphia, PA and I am not able to make arrangemerits to come W the Keys on such short notice. Sincerely, Shawn Renz 110 Flagrstaff Road Phila. Pa- 19115 215 681-5868 Page I of 2 Lee Rohe From: "Granger -Lisa" <Granger-L1sa@MonroeCounty-FL, Gov> To: "Lee Rohe" <Irrlaw(pbellsouth, net> Cc: "Peterson -Denise" < Peterson -Den ise@ Mon roeCo u nty-FL. Gov- - "Petrick -Nicole" <Petrick- N1coJe@rnonroecounty-fi.gov> Sent: Wednesday, August 25, 2010 4-21 PM Subject: RE- Shawn Renz case Lee, Code Enforcement is not dismissing the violations against Mr. Renz. The case will be presented to the Special Magistrate. It is up to you whether you should attend or not. Thanks, Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) httT) -11n] OuOf,'Coft v Irlu a] iownh all n ct/rP aRes/MoqrotCoFL WebDocs/css ........... .... .......... ... 11.1 ............ . . .............. . . ......... From: Lee Rohe [mailto: lrrlaw@bellsouth, net] Sent: Wednesday, August 25, 2010 3:28 PM To: Granger -Lisa Cc: Peterson -Denise Subject: Fw: Shawn Renz case Lisa, See below message. Please advise. Lee R. Rohe Original Message EXFffBIT D From: straw To: denJs9_P_9.ters0n nicolt _pgtrick Cc: fee robert ro'he Sent: Wednesday, August 25, 2010 11:16 AM Subject Shawn Renz case Hi Denise. Please advise 1i Mr. Rohe needs to a ppear tomorrow on, the Shawn Renz code violation of whether you are planning to report to Magistate Sartin that the violation is b ei' ng X 8/25/2010 Page 2 of 2 dismissed. I would appreciate it if you could let me know today as Mr- Rohe does not have any other code cases and will not attend the hearing in Marathon tomorrow unless necessary. Thank you. Susan Rohe for Lee Rohe, Esq. ............. . ..... . ...... ... . ....... ........ ..... .... ... ......... ... No virus found in this incorrun niessaae. 9 Checked by AVG - Nmr\AT.avg.eons Version: 9.0.8 51 Virus Database: 27 1 113093 - Release Date: 0 8 /2 5110 02.. 34.00 .. .... .... No virus found in this incoming message. Checked by AVG - www.avg.com Version. 9.0.851 / Virus Database: 271. 1. 1/3 )093 - Release Date: 08/25/10 02:34:00 County of Monroe Growth Management Division Code Enforcement Depaqmcjnt 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 We strive to be caring., professional andfair Sep 24, 2010 RENZ SHAWN E 110 FLAGSTAFF RD PHILADELPHIA., PA 19115 Subject: Code Enforcement Case CE10040092 Property Location: 1633 LANTANA LN , BIG PINE KEY, FL 33043 Parcel ID.* 00271930000000 Dear Property Owner: All jBoard of Count n e rs Mayor Sylvia J. Murphy, Dist. 5 Mayor Pro Tern Heather Carruthers, Dist. 3 Kim Wigington, Dist. I George Neugent, Dist. 2 Mario Di Gennaro, Dist, 4 The purpose of this letter is to inform you that the above -mentioned Code Enforcement Case is compliant, and there are no daily fines due. However, our records indicate that the total amount of the costs of prosecution and investigation due is $ 418-85. My records also show that the one time fine of $3900.00 imposed by the Special Magistrate on 08/26/10 is still outstanding. Total amount due.- $ 4t315.85. You can resolve this matter by remitting payment in full with thirty (30 days of this letter to Monroe County Code Enforcement Dept., 2798 Overseas Highway, Suite 330 (Attention: Nicole Petrick), Marathon, Florida 33050. Checks should be made payable to Monroe County Code Enforcement. CC: Lee Rohe, Esquire Very truly yours, 'Wee Nicole Petrick, Liaison Monroe County Code Enforcement EXHIBIT E Paget of 2 Petrick -Nicole From: Peterson -Denise Sent: Thursday, November 18,2010 3:42 PM To: Petrick -Nicole Subject: FW Shawn Renz Order Demise Retairsun At9flr9B 41711flty r9fire bf9prefflow Alarathim i9avenflfflaw fEwelv 279a17yerseas fthway Mdrat han , or. R 33959 Ti 30185,15917 k 395. 199, 1599 . ..... .. ................. . . . . . . . . . . . . . . . . . . . ............... From: Granger -Lisa Sent: Thursday, November 18, 2010 3:17 PM To: Lee Rohe CC: Peterson -Denise; Norman -Ronda Subject: FW: Shawn Renz Order Lee, I any reluctant to reduce the one time fine in this case for several reasons. First, the one time fine is separate from the daily fines. It serves as a real deterrent in most cases. However, in this case, although your client does not have a business tax for either of his properties, he is still renting. Also he simply switched the contracts he had from his 1633 Lantana Lane property (the property under violation with the Final Order) to his 30843 Minorca Drive property. Code enforcement explained to him that he could not rent the Minorca Drive property on a short term basis because it, too, is in an IS zoning district but he disregarded that warning. Additionally, I believe your request to reduce the one time fine is premature. We are still waiting on an order from SM on your motion. I hope this helps. Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 1 2th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 11/18/2010 Page 2 of 2 ............ ............ . . . .. ... .... ... . . . . . ..... . . . ... . . From: sirlaw [maiito:sirlaw@bellsouth.net] Sent: Thursday, November 18,,2010 12:06 PM To: Granger -Lisa Cc: lee robert robe Subject: Shawn Rent Order Hi Lisa. Lee has asked one to email you with regard to the Renz order. He is requesting a reduction in the one time fine down to 25%. Lee stated that he does not think he could get Mr . den to pay more than that without contesting it before the BOCC. Please let us know what you decide. Thanks. Susan Rohe for Lee Rohe, Esq. Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL—WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. Please take a moment to complete our Customer Satisfaction Survey: http,,,Hmonroecofl.v'l'rtualtownhall.net/Pages/MonrocCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record q available to the public and med' request, Your e-mal*l communication may be subject to public disclosure, ia upon 11/18/2010 Statutes & Constitution :View Statutes : Online Sunshine 'age 1 of 2 Select Year: 2010 The 2010 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 162 View Entire COUNTY OR MUNICIPAL CODE Cha ter 162.09 Administrative fines; costs of repair; liens. ENFORCEMENT (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a). (2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. (c) An enforcement board may reduce a fine imposed pursuant to this section. (d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not 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 code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. in addition to such fines, a code enforcement board or special magistrate may impose l &App... http-./:'www.Ieg.state.tl.us.'statutes index.cfm?mode-`ViewO{020Statutes&SubMenu= 1 ?; 7.'?010 Statutes & L-onstitution :view Statutes : Online Sunshine Page 2 of 2 additional fines to cover al! costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b). (3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filingof any Y such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real ry ert P P Y which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. x of the State constitution. History. s. 1, ch. 80- 300; s. 8, ch. 82-37; s. 2, ch. 85-150, s. 8, ch. 86-201; s. 2, ch. 87-391, s. 8, ch. 89-268; s. 4, ch. 94- 291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11. Note. Formers. 166.059. Copyright 1995-201 Q The Florida Legislature ■ Privacy Statement • Contact Us http:www.leg. state.tl.us.'statutes/index.cfm?mode=View° o2OStatutes&SubMenu -=1 &A pp... 12/7/2010 Peterson -Denise From: Nguyen, Khanh - IESC [Khanh.Nguyen@Rexelusa.com] Sent: Monday, August 30, 2010 8:55 AM To: BPKpoolhouse@cs.com Subject: RE: Big Pine rental Attachments: Key West Bug Bites.pdf Shawn, l left you a message Saturday evening and Sunday morning before we left. l apologize for the noise complaint that you received from the neighbors, we waved to them and smiled and they did the same back. if we knew we were bothering them, we would have turned down the music right away. i apologize for you gettinga call. Also we couldn't ' o ldn t find but one lid for the trash cans, so we put two in the wooden container frame and tied another to that frame. Everything verything inside the house was how it was when we arrived. Towels were all washed and dried and temperature was p turned up to 86 degrees. Attached our pictures of my cousin's wife, cousin, and myself with bites from either ants or something ng else crawling around in the couches and bed. On the last night some of us actually just washed sheets an ' J d Just laid It out on the living room floors. The air mattress from downstairs wasn't holding any air so we couldn't use it OUR CORPORATE OFFICE HAS MOVED TO: 14951 Dallas P kwy Dallas, TX 75254 Telephone & Fax Numbers remain the same Khanh Nguyen International Electric Supply Corp. Manager, Sales & Use Tax 14951 Dallas Pkwy Dallas, TX 75254 Tel. 972.725.6279 Fax 214.764.2394 khanh.aguyen@RexelUSA.com RexelUSA IRS CIRCULAR 230 DISCLOSURE. Under requirements imposed by the IRS, we inform you that., , if any advice concerning one or more U.S. federal tax issues is contained in this communication (includingan attachment Y s), such advice was not intended or written to be used,, and cannot be used, for the purpose of(1)•p p avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another part y any transaction or tax - related matter addressed herein, From: BPKpoolhouse@cs.com [mailto:BPKpoolhouse@cs.com] Sent: Saturday, August 07, 2010 6:32 PM To: Nguyen, Khanh - IESC Subject: Re: Big Pine rental l figured they could get you set up with someone. Last name is Rocket. l am going to give you a free upgrad to our nicer property: which has a man other larger pool and o to vacation g P Y features that make It our most popular house. Just 0 rentals to see it. l am sure you will like what you see. l honestl dont have much of a choice because they gave me a notice to terminate short term rentals at 1633 Y address of the other property as 30843 Minorca Drive.Lantana mane. The The lock box # is 1130 and its on the rating by the main entry door. l heard they are doing really well with the lobstering down there. Thank you Shawn Renz PLAINTIFF'S EXHIBIT /� ()Yc Receipt 46116-89152 - Business Tax Account 89152 - TaxSys - Monroe County Tax Coll... Page I of I ee' RENZ SHAWN INTERNET REALTY — Business Tax Account 89152 ..... ... .. .... Receipt year: 2009 Acct Nurn : 89152 Postmarked Date'. 07/01/2008 Business: RENZ SHAWN INTERNET REALT' Receipt Start Date 10101/2008 24752 OVERSEAS HWY Receipt Expiry Date 09/30/2009 SUIT MERLAND KEY, FL 33042 Renewable - Yes Owner(s) SHAWN RENZ Exemption -1 NONEXEMPT PO BOX 420148 Business Close Date: 08/08/2008 SUM MERLAND KEY, FL 33042 Current balance, $0.00 Mailing SHAWN RENZ PO BOX 420148 Occupations .... ...... . ........ ......... ..... .. ...... . ...................................... I....-- ............................... ........... ... .... .......... ................... ..... ....................................... . ................... . . ....... SUMMERLAND KEY, FL 33042 Class Category Naics Units Fee Account Status Closed Code Physical Location MONROE COUNTY PROFESSIONS REAL ESTATE 0 $30.00 Business Start Date: 10/17/2003 OCCP SALES Business Close Date: 08/08/2008 PERSON (REAL ESTATE SALES PERSON) ............... ..... ......... . ..... .... ........... --l".1 . ................................ . ...... ................... ......... ................................ ........................... Print this receipt (PDF) No taxes due All Receipts i.... < .. <. ..., .... ................................................................ ....... --I.-, ........... ............ ......... ............................................................ ................. ..... ... .......... Receipt Receipt Occupation(s) .. .. . ... ..... .. ...... ..... ................... . Start Data ...... ............................... ........ ................ .......... ................. .... Exp Date Renewable Status Num Year 46116-89152 2009 REAL ESTATE SALES 10/01/2008 09/30/2009 Y Paid In Canceled PERSON Full 46116-89152 2008 REAL ESTATE SALES 10/01/2007 09/30/2008 Y Paid In Canceled PERSON Full 46116-89152 2007 REAL ESTATE SALES 10/01/2006 09/30/2007 Y Paid In PERSON Full 46116-89152 2006 REAL ESTATE SALES 10/01/2005 09/30/2006 Y Paid In PERSON Full 46116-89152 2005 REAL ESTATE SALES 10/01/2004 09/30/2005 Y Paid In PERSON Full 46116-89152 2004 REAL ESTATE SALES 10/17/2003 09/30/2004 Y Paid In PERSON ...... .. . .. .. . I ....... .. .. ....... Full l'ittps-://www.monroe.cotinty-taxes.coiiilpublicIbLiSiiiess--taxlaccountsl891.521recelptsll 19268 1-2/7/2010 10 CODE ENFORCEMENT SPECIAL MAGISTRATE JOHN VAN LANDINGHAM MONROE COUNTY., FLORIDA MONROE COUNTY CODE ENFORCEMENT, Petioti"oner, V. BRAWN RENZ, Respondent. CASE NO: CE1.0040092 REQUEST TO MONROE COUNTY COMMISSION FOR CODE The purpose of this memorandum is to formally request that the Monroe County Board of County Commissioners reduce Respondent's code enforcement fine to at least 25% of its present amount of $3.,900 based upon the following grounds. 1. Respondent Shawn Rent was cited by Code Enforcement for using his residential property as a vacation rental. The house is located at 1633 Lantana Lane, Big Pine Key, Florida. The Notice of Violation is dated July 8, 2010 and,was served on or about Jul 15,2010. 2. Respondent was cited under Monroe County Code for violations of 130.83.(b), 134-1(k)(1.) 23-72 and 6- 27(b)(2)j. The Notice of Violation dated July _81-201.0 states the following language: "TO AVOID ATTENDING THE HEARING, all. violations noted above must be corrected by 07/08/10." 3. The hearing was set for Ju 29,1 2010,,-- actly two weeks from the date that Respondent received the Notice of Violation. 4. Respondent, as an out of state property owner, did not have a reasonable period of time to come into compliance since the compliance date had already passed by the time he even received the notice. Had proper notice been given as well as a reasonable compliance date, Respondent's case could have easily been closed without the necessity of attending a hearing. 5. On July 16, 20101one day after receiving the notice, Renz took. ire steps to advise the County in writing that he was coming into compliance and within the next week retained the undersigned to attend the hearing on his behalf to ensure that he was fully compliant since he was unable to travel at such short notice from his home in Philadelphia, Pa. Further steps were taken by Renz to obtain a long- term tenant and secure a business license through the Monroe County Tax Collector's Office. 6. On August 26,2010, a hearing was held and.Respondent was found to be fully compliant with regard to the Lantana Lane property. However, at the hearing, Respondent's due process rights were severely compromised by the sudden introduction of a surprise witness testifying in support of the new charge of "serious threat or irreparable *injury." 2 This charge was never noticed in the original Notice of Violation nor was it conveyed to the undersigned in advance of the hearing. Yet, the Assistant County Attorney argued that Renz"s vacation rental. constituted "serious threat or irreparable injury." 7. Instead of merely being assessed costs for coming into compliance, as has customarily been the case in the undersigned's experience, Renz was fined $3900 as a one-time "irreparable injury" fine in accordance with. Section 162.09 (1), Florida Statutes. The other daily fines were held in abeyance pending continuing compliance by Renz. The one-time fine should also have been held in abeyance. 8. As previously pointed out in Respondent's Motion for Clarification,, this statute (1. 62.09) allows fines for "reasonable cost of the repairs." What repairs needed to be made were never detailed at the hearing or in. subsequent follow up correspondence with the Monroe County Code Enforcement Attorney. This was a case of short term rental violations not property deemed to be in a hazardous condition which required rehabilitation. 9. Respondent requested mitigation of the one time fine (see Exhibit A.) arguing that: 1) the "irreparable injury" did not apply since Respondent had immedlately ceased renting the Lantana Lane property; and 2) Respondent was denied due process both in the setting of an impossible compliance date as well as the failure of the County to advise Respondent or the undersigned in advance of the hearing that the County was 3 seeping ,an "irreparable injury" fine levied against him. 10. Upon. notification ion that Respondent's Motion was denied by the Special Magistrate, Respondent requested a reduction in fine to 25% from the Monroe County Code Enforcement Attorney, Lisa Granger. Ms. Granger indicated that she was unwilling to reduce the fine on the above case to 25% due to a "violation" at another of Respondent's properties located on. Minorca Drive,, Big Pine Key, F I- iorida. Ms. Granger implied that Mr. Renz could not have his fine reduced due to "repeat violator" status in spite of the fact that Mr. Renz has not been adjudicated a repeat violator. See Exhibit B. 11. Although there is a open code case on the Minorca Drive property., no Notice of Violation has ever been served on the Respondent for this property. See Exhibit C. 12. It is the belief of the undersigned and Respondent that this fine should be further reduced to at least 25% due to the following reasons: a. Respondent was deemed non -compliant before he even received the Notice of Violation since the compliance deadline had already passed. b. Respondent, upon hearing about the violation, in good faith %-11 immediately contacted the County and ceased short-term renting. c. At the hearing itself, for the first time, a witness was produced by the County in. support of the charge of "irreparable injury" which. was never previously raised in either the Notice of Violation 11 itself or subsequent correspondence with the undersigned. Ms. Granger states that Respondent is not entitled to know if a witness will be testifying against him., even though she used the testimony of this witness to levy a irreparable injury fine. Section 162.07(3), Fla. Stat., declares that "fundamental due Process shall be observed" in code enforcement proceedings. Trial by ambush violates fundamental due process. In Masse Charlotte Count y n , FloriI da, 842 So. 2d 142 (F�la. 2 ' DCA 2003), the Court found that the Code Enforcement Board violated Massey"s due process when they imposed a fine without giving prior notice or holding a separate hearing on. the -imposition of the fine. The declaration of the Assistant County Attorney that a Respondent is not entitled to know of charges prior to imposition of a fine both violates the due process holding of Masse and sets a Y dangerous precedent. d. In order to justify a refusal to reduce the fine to 25%, the County has deemed Respondent a "repeat violator" despite the fact that no Notice of Violation was ever issued on the Minorca Drive property. Again, the fact that Renz is pre judged for a second violation. without holding a hearing is a clear breach of due process. This must not be ignored. 5 It is respectfully requested that the Board of County Commissioner reduce Respon-dent"s fine accordingly. 6 MONIZOE COUNTY CODE FAFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY CODE ENFORCEMENT Petitioner, V. SHAWN RENZ, Respondent. CASE NO. CE10040092 RESPONDENT'S NIOTION FOR CLARTFICATION/AND MEMORANDUM OF LAW FOR MITIGATION OF ONE-TIME FINE OF S3900.00 COMES NOW, Respondent, SHANVN RENZ, by and through his waders1gried I ZD at-torney wbo hereby files a Motion For Clarification And/Or Mi-tioation of One -Time Fine of S3900.00 based upon the folio- vi.ng grounds. - I . Respondent was initially served a Notice of Violation on Juty 15 ),2010. See Exhibit A. Respondents' property was posted ors lulv..,14, 2010. 2. The Notice of Violation dated Jul�7 8, 201.0 states the following language; Z:� TO AVOID ATTENDING THE HEARING, all violations noted above must be corrected by 07/08/10. See Exhibit B. It is clear that Respondent did not have notice nor a reasonable period of time to come into compliance prior to a heariffly date being set since he did not even know about Monroe County's action until. July 15, 2010 EXHIBIT A 4. On July If 201.0. Respondent (prior to hiring the undersigned to represent him.) sent a letter to Monroe County Code Enforcement indicating that, he had taken steps in-tniediately, upon receipt of the NOV Z=) to come into compliance and cease short-term. renting. Monroe County staff received this letter on Julv 19, 2010 according to the date stamp. See Exhibit C. 5. The Notice of Violation indicated that the heariruy, was set for 1� July 29, 2010. Respondent retained the undersigned who filed his Notice of Appearance on July 27, 2010. 6. Instead of reviewincy the case for compliance at that time Monroe County reset the hearincy- for AUD'Ust 26., 201.0. Prior to the hearing, Respondent was deen-ied to be in compliance on all Counts. The undersio-ned was even under the impression that the hearing might be cancelled until he was finally advised via email on August 25 ), 20 10 that the case would not be dismissed. See Exhibit D. 7., On August 26, 2010, Respondent was found to be in. compliance on all counts. Counsel for Monroe County, without giving advance notice to the undersigned, proceeded to present a surprise witness, Deputy Bradford. Cole in an effort to impose a fine acrainst Respondent. Z--1 8 The undersigned was under the distinct in-ipression that the S3900 line was reserved to be imposed in. the eveirt of a futum violation only, and was riot nicant to punish the Respondent who was already in 2 Compliance. Fines are to be used as an incentive for compliance and not for the purposes of punishment or retrib utionr 9. On Septernber 24, 2010, Nicole Petrick, Liaison, sent the Respondent I a letter requestincy not onl).,, costs of prosecution, but also dem,widing that Respondent pay S.' )900.00 in fines. See Exhibit E. Efforts to resolve this matter with County staff have been unsuccessful. 10. The undersigned has filed this Motion Requesting Clarification, of the Special Magistrate's intent. MEMORANDUM OF LAW It has long been an established policy of the Special Magistrate for Moj.-iroe County to limit the imposition of fines to those individuals -%A7ho are repeat violators in the Code Enforcement System or blatantly fall to cone into compliance in a timely man-ner. Respondent is not, nor was any evidence presented,. that Respondent should be considered a repeat violator . In accordance with. Section 162.06, Florida Statutes, with the exception of (3) and (4), "if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation."' Sending a notice to Respondent with a compliance date which has already passed, is not reasonable notice. Under Section 162.06 (3), Florida Statutes, it is only the repeat violator who is able to be forced into an expedited hearing and, have retroactive fines in upon him. Section 162.06 (4), Florida Statutes,, does not include a provision for retroactive fines. It was this section (162-06 (4) which discusses serious threats and irreversible harm, or injury that the County is applying to Respondent's case in order to impose a 3 retroactive fine, As previously stated, the undersigned had no advance laiowledge that Petitioner's counsel was seeking to classifv the violation as "nTeparable or irreversible" prior to the introduction of the County�s surprise witness at the hearing itself Nor did, the reminder notice sent routinetv by the County indicate any such finding to warn the undersigned or Respondent that a retroactive fine was pending. Section 162.09 (1) allows for a violator of a serious threat or irreparable injury to be charged �vlth the "reasonable cost of the repairs." In. the case at bar, there are no repairs to be made. It does not state that retroactive one-time fines are applicable. It was the undersigned's impression, based upon the section of Florida Statutes outlined above, that a fine was resenTed in the event of a repeat violation and that at the conclusion of the Aucyust 26 2010 hearing, no finevN"as imposed other than costs of prosecution. Based upon this t�o understanding, the undersianed advised tmll Respondent as such. The imposition of fines upon property ow-ners is intended to serve as a mechanism to bring the property owner into compliance not to generate revenue for Monroe County coffers or punish first-time offenders. Here is a clear case where Respondent was denied due process from the onset of the case. He did not even have an opportunity to come into compliance before a hearing was set and reset. Furthermore, Monroe County Code Enforcement chose to proceed with a hearing on this matter, even though they admitted that Resp ondent was in full comphance. To impose a one-time fine of $3900 upon, Respondent is a clear violation of Sections 1.62-06, 162-07 and 162.09, Florida Statutes. 4, A It I WHEREFORE, Respondent respectfully requests that the Special Magistrate should make a specific finding that Respondent is only obligated to pay the costs of prosecution at this time and the fine of $"900 *s onIN7 to be alied -pendin�, evidence of a KnLat Njolation- Respectful.ly submitted, t,EE ROBE ROHE, ESQ. Attorney for Respondent P.O. Box 420259 S uminerland Key, F1 3 ) 3 042 (-305) 745-2254/745-4075 Florida Bar Number: 2 713 J 65 CERTIFICATE OF SERVICE I herebv certify that a true and correct copy of the foregoing was furnished this day of October,, 20 10 to: Lisa Granger, Esq., Monroe County Attornevs Office. P.O. fox 1026, Key West, Florida"' 041 and, Nicole Petrick, Code Enforcement' Liaison. Monroe County Code Enforcement. Marathon Goveimient Center, 2798 Overseas Highway, Marathon, Florida 3,3fly 0. LEE ROBERT ROHE, ESQ.� P.A. 5 Code Enforcement Deoartment Enforcement I.......... 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 County of Monroe Growth Management Division If "e strive to be caring, professional and fair jair AFFIDAVIT OF MAIL ITEM To: RENZ SHAWN E 110 FLAGSTAFF RD PHILADELPHIA, PA 19115 Case Number: CE 10040092 Item descriptiow NOV/NOH .@2.a,.r,d w. ty Cq!R.M1SS;10nCrA Mayor Sylvia J. Murphy, Dist, 5 Mayor Pro Tem Heather Carruthers, Dist. 3 Kim Wi&gton, Dist, I Gtme Neu end Dist, 2 Mario Di Gennaro, Dist 4 1, HEATHER D, HUGHES , of Monroe County Code Enforcement, declare under penalty of perjury, that I mailed a duplicate copy of the above mentioned document via first-class mail to the above named addressee(s). N1. Signatu: Printed Name: HEATHER D. HUGHES Date.* 07/1312010 Sworn to and subscribed before me this day of 2010. (Notary Publ(� State of Flori* L '"A ....... . . . mum= MONROE COUNTY, FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERIED M A VT RECEII Complaint Number. CE Cr C7 —h ii� 3 0 -0 C111), CL z CL 3 (D Cr CL M QL fu n� %Ml 2 �g IN 0 w ink. Tn _U Ul" 10 ccr. Ceff4W Foe C3 Ream Radw, Fee C3 (Endomwm nt A 0qL11 red) Here . .... . co _J6 M 4od cokva-fy Fee ru TOW FG* RENZ SHAWN E x ru 110 FLAGSTAFF RD M PFULADELPHIA, PA 19115 M CE10040092/DP/BPK or PO Rax X > .... ............... ..... .. . .... ................. ..... . . .... Cornpftem 1 2. and 3. Afw comp$ate Wo Item 4 If ResWcW Wivery Is desh-ed. Agent X.: ... .. Pdnt your name and ad rm on the revefse Addmww . so OW WO CW r0tum the caTd to you, RecaNed by (Pdnwd Nam) -ate of De4very N Attach tHs card to the back of the m0plece, oronthelront If space permfts, . . . . . . . . . . . . . . . . . D. Is "Nwy edd=9 dWwW from hdni --t? 0 Yes AjW* Addrossw to: ff YES, emer dewe!� ad�mw W'aw:... 0 No RENZ SHAWN E 110 FLAGSTAFF RD PfULADELPHIA, PA 19115 CE I 0040092/DP[BPK lypo -4 a senAce ["AONROE COUNTY CODE ENFORCEMENT AFFIDAVIT OF POSTING Case Number: CE10040092 7-In P .......... . ...... Monroe County Code Enforcement declare under penalty of perjury, at I Posted the property owned by* RENZ SRAWN E , described as 1 x 633 LANTANA'LN , BIG PINE KEY, FL 33043 , having the property R'Ek 00271930000000 with the Notice. of Violation/Notice of Hearing for this case with a Hearing Date of 07/29/2010 THIS NOTICE WAS POSTED AT: ------- SUBJECT PPOPERTY AS STATED ABOVE Qt.: Time. 1 0 : ............ Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time, . . ..... ......... Monroe County Courthouse 3117 Overseas Highway, Marathon, Florida LL Date: L Time. . ......... . ..... . Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: it ___ , Monroe County Code Enforcement,, declare under penalty of per )ury, that I mailed a duplicate copy of the above -mentioned Notice via First Class Mail to'. RENZ SHAWN E I 110 FLAGSTAFF RD s PHILADELPHIA, PA 19115. Signature: Sworn to and subscribed before me this day of ._ 12010. M Notary Public, State of Florida You are hereby notified that an investigation of the above property on 06/16/2010 found the followm*g violation(s).- 130-83.(") - IWROVED SUB- VACATION RENTALS RENTALS OF LESS THAN 28 DAYS IN THE (IS) IMPROVED SUBDIVISION ARE PROHIBITED Corrective Action Required. - CEASE AND DESIST VACATION RENTALS IN THE IS DISTRICT. 134-1.(k)(1) - VACATION RENTAL PROHIBITED ADVERTISING FOR WEEKLY RENTALS IN A LAND USE DISTRICT WHERE IT IS PROHIBITED Con-ective Action Required-, Cease and Desist All Vacation Rental activities at this location including the Advertising, Leasing of, Renting of, or Holding Out for Rent, this property. 23-72. - BUSINESS TAX REQUMED ALL RENTAL PROPERTIES REQUIRE A BUSINESS TAX LICENSE Corrective Action Required: CONTACT THE MONROE COUNTY TAX COLLECTORS OFFICE AND OBTAIN THE REQUIRED BUSINESS TAX. 6-27.(b)(2)j - UNSAFE ILLEGAL USE OCCUPANCY THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY UNSAFE DUE TO THE ILLEGAL OR 1WROPER USE AND OCCUPANCY Corrective Action Require'd: CEASE AND DESIST IMPR( MONROE COUNTY BUILDING DEPARTMENT AND/OR- PLANNING DEPARTMENT TO OBTAIN THE NECESSARY PEFMT(S) AND/OR APPROVAL(S) TO BRING UP TO CODE OR TO CONTr'M SUCH USE(S). NO EXTRA TIME. TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS TBREAT TO PUBLIC HEALTH SAFETY AND WELFARE. PLEASE TAKF, NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 07/29/2010 at 96*OOAM m the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. TO AVOID ATTENDING THE HEAMG, all violation(s) noted above must be corrected by O� If a violation is corrected and then rccurs, or if the Violation 'is not corrected by the time, specified, or 'if the violation i's a repeat violation, the case may be presented to the Code Enforcement -,-Special Magistrate even if the violation has been corrected prior to the heafing. 1 t Failure to correct the violation(s) may result 'n the imposition of costs of prosecution and fines, not o exceed $ 1 1000 per day per violation for a first violatior4 $5,000 per day per violation for a repeat violation, and up to $15,000 per Violation if the Special Magistrate finds the V1 iolation to be irreparable or HTeversible in nature. If the County i's forced to correct your violation( s), the Special Magistrate will order all costs incurred to be reimbursed to the County. THE fMPOSITION 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. I f you are represented by an attorney, your attorney is required to file a written notice of appearance with this pri office *or to the hearing. You may request a continuance of the hearing for good cause shoxNm unless an unsafe violation is alleged. Unsafe Violations pose a serous threat to the Public Health, Safety and Welfare . If you choose to request a confinuance,, aWn"tten request on the County's form must be made 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 I-Eghway, Smote 330, Marathon, FL 33050,- Phone.- (305) 289-2509- Fax-, (305) 289-2858. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to a ensure that a verbatim record of the proceedm*gs is madel which shall include the testimony and evidence upon which the appeal 'is to be based. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR to confirm that you do not need to attend the hearing S Please cont. A ector at the appropriate imtion: ........ .... .. — PETERSON, DENISE Code Enforcement Inspector Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292-4495 Nfiddle Keys: 2798 Overseas Highway,, Suite 330 Marathon,, FL 33050 (305) 289-2810 rN Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been fiznished to the above named addressee(s) by Certified Mail, Return Receipt Request No. 7002 2410 0000 9898 48 80 on 07/08/10 Code orcement Department IF SERVICE IS NOT 013TAJNED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF TMS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADS. ASSISTANCE: If you are a person with a disability who needs special accommodations M order to participate 'in this proceeding, please contact the County Admi*M'stratoes Office, by phoning (305) 292-4441, between the hours of 8:30 am. - 5.00 p.m., no later than ten (10 calendar days prior to the scheduled meefing; if you are hearing or voice impaired., call " 711 1633 Lwiatana Lane RE, number 0027193.0006000 07/16/2010 To -whom it may concen--L, I am, An'ting this letter in response to your letter that I received yesterday, My 15. The letter lists the date of 07/08/2010 to comet the violations M* order to avoid a heari-ug. However I was not made aw=, of Us issue until July 14 so it was u*upossible for me to take, any wiTmtivc action pn'or to My 8 I hope the extreme meas=s I fi=editately took yesterday and today will satls:�r this siftiafion. I am no longer offer'-ng the property for ANY TWE of short term rental. The advertising has been caged to long term only. I also contacted a local real tor regarding selling the prop-erty. This property has taken a huge financial toff on me as well as pbysic.ally. I have .one my best to keep the house and keep it M good Condition. It has taken countless hours and dollars from ine and I just simply cannot afford to cany the property "y longer, I hope this will satisfy the wncerns. Considering that I did -not recei-ve the letter until one week after July 8:, 2010,1 hope that I �rffl not need to have a hag. I live in Pbllade 1pbla, PA and I am not able to make an-angements to come to the Keys on such short notice. Sham Renz I 10 Flagstaff Road Phila. Pa- 191 IS 215 681-5868 Page I of 2 Lee Rohe From: "Granger -Lisa" <Granger-L1sa@MonroeCounty-FL, Gov> To: "Lee Rohetl <1rdaw@bellsouth. net> CC: "Peterson -Denise" <Peterson -Den ise@ Mon roeCounty-FL. Gov> "Petrick-Nicolell <Petrick- Nicole@monroecou nty-fi. gov> Sent: Wednesday, August 25, 2010 41-21 PM Subject: RE, Shawn Rent case Lee, Code Enforcenient is not dismissing the violations against Mr. Reny. The case will be presented to the Special Magistrate. It is LIP to you whether you should attend or not, Thanks. Lisa Gras-Iger Ass'stant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) a se a a] jje I/P a R e, IM o qLQe C oF L W,� b D_ P�ii�asz,-E nc�Le, n ...... . ..... ... .... ............. I .. ........... ....... From: Lee Rohe [mailto., IrdawCIbellsouth. net] Sent: Wednesday, August 2-5. 2010 3:28 PF1 To: Granger -Lisa Cc: Peterson -Denise Subject: Fw: Shawn Benz case Lisa , See below message. Please advise_ R. Rohe Original Message ----- From: sirlaw 7 To: devise peterson lisa qranner nicole p trick Cc: lee robert ro'he Sent: Wednesday, August 25, 2010 11:16 AM Subject: Shawn Renz case El Denise. Pl'ease advise if Mr. Rohe needs to al5pe'ar tomorrow on the Shawn Rent code violation of whether you are planning -LL--o report to Magistate Sartin that tie violation is being S f (H Page 2 of 2 dism-'Lssed. I would appreCicate it if Vou could set et me know today as Mr. Rohe does not have any other code cases and will not al -tend the hearing lin Marathon tomorrow unless necesSary. Thcank you. Susan. Rohe for Lee Rohe, Esq. .............. ........ . ... . . ........ . . . . No virus found in this incomij'ig messazye. Checked by AVG - N ' vAyw.ay,,c,coni Version: 9.0,851 / I V'rus Database: 271. 1. 1 /13 :5093 ) - Release Date-, 08,L?5)/I 0 02:3 )4:00 No virus found in this it coniing message. Checked by AVG - xww�N.r.avg.com Versi on: 9.0.8 51 / Virus Database: 2 7 1.1.1/3 09, - Re ease Date: 0 8/2 5/ 10 02 .- 3 8/25/2010 County of Monroe Growth Management Division Code Enforcement Department 2798 Ovcrseas Highway Marathon, Florida 33050 Voice: (305) 289-28 10 FAX: (305) 289-2536 We strive to be caring, Professional andfair Sep 24, 2010 RENZ SHAWN E 110 FLAGSTAFF RD PHILADELPHIA, PA 19115 Subject: Code Enforcement Case CE10040092 Property Location: 1633 LANTANA LN , BIG PINE KEY, FL 33043 Parcel ID: 00271930000000 Dear Property Owner: Board of Count Mayor Sylvia J. Murphy, Dist. 5 Mayor Pro Toni Heather CaITUthers, Dist. 3 Kim Wigington, Dist. I George Neugent, Dist, 2 Mario Di Gennaro, Dist. 4 The purpose of this letter is to inform you that the above -mentioned Code Enforcement Case is compliant, and there are no daily fines .due. However, our records indicate that the total amount of the costs of prosecution and investigation due is $ 418.85. My records also show that the one time fine of $3900.00 imposed by the Special Magistrate on 08/26/10 is still outstanding. Total amount due: $ 4,315.85, You can resolve this matter by remitting payment In full with thirty (3 Code Enforce0) days of this letter to Monroe County Enforcement Dept., 2798 Overseas Highway, Suite 330 (Attention: Nicole Petrick), Marathon, Florida 33050. Checks should be made payable to Monroe County Code Enforcement. CC- Lee Rohe, Esquire Very truly yours, Nicole Petrick, Liaison Monroe County Code Enforcement Print Page I of 2 From: Susan Rohe (liTlaw@bel-Isoot h.net) To: s rtu.w0a bellsouth.net; Date: Thu, November 18, 2010 4:48:55 PM Cc: Subject: Fw: Shawn Renz Order Forwarded Message ---- From: Granger -Lisa <Granger-Lisa@MonroeCounty-FL,,Gov> To: Lee Rohe < Irrlaw@bellsouth. net> Cc: Peterson -Denise <Peterson -Denise@ MonroeCou nty-FL. Gov> - Norman -Ronda <Norman - Ronda@ monroecou my-fl. gov > Sent: Thu, November 18, 2010 3:17-20 PM Subject: FW: Shawn Rent Order Lee, I am reluctant to reduce the one time fine in this case for several reasons. First, the one time fine is separate from the daily fines. It serves as a real deterrent in most cases. However, in this case although your client does not have a business tax for either of his properties, he is still renting. Also he simply switched the contracts he had from his 1633 Lantana Lane property (the property under violation with the Final Order) to his 30843 Minorca Drive property. Code enforcement explained to him that he could not rent the Minorca Drive property on a short term basis because it, too, is in an IS zoning district but he disregarded that warning. Additionally, I believe your request to reduce the one time fine is premature. We are still waiting on an order from SM on your motion, I hope this helps. Lisa Granger Assistant County Attorney Monroe County Attorneys Office 1111 1 2th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) HELP US HELP YOU' P ac , r U e lease take a rnornent to co,,nplete our Customer Saflisf tio , S ry y. igp:,iL41c�Droecofl,virttialtownlial.l.iiet/Pai2,es/MojiroeCoFL WebDocs/ess You, feedback is important to us? Please From: slr1aw [mailto:slrlaw@bellsouth.net] Sent: Thursday, November 18, 2010 12:06 PM_ To: Granger -Lisa Cc: lee robert rohe Subject: Shawn Rent Order r Hi Lisa. Lee has asked me to email you with regard to the Ref order. He is requesting a reduction in the one time fine down to littp://us-mg204.malI.yahoo.com/dc/Iauiich?.partner=sbc&.gx.= I &.rand_6cf71df0nu95m 11/29/2010 L.i�tut L.+GtttG.lt L 1JG Ldll Page 1 of 2 ev t I ■ December 1, 2010 - 12:53 PM My Account I Disclaimer I Privacy Policy Aga. a Monroe County eGovPLUS CODE ENFORCEMENT DETAIL Case Number FCE-10020195 Tenant Case Date 02-26-2010 Add Info F_ Origination 4 - CDF Status O - OPEN Operator peacocks Officer DP PROPERTY ON CASE RE: 00312500000000 Owner FR_ENZ SHAWN E AND MARIA__ T Property Address F308Z43 MINORCA DRIVE Owner Address 110 FLAGSTAFF ROAD City/State/Zip BIG PINE KEY FL 33043 City/State/Zip PHILADELPHIA PA 19115 Phone BIG PINE KEY CASE DESCRIPTION PROPERTY IS RENTED AND/OR ADVERTISED FOR WEEKLY RENTALS. RENTING THIS PROPERTY WITH IN THE CURRENT r - LAND USE DISTRICT FOR LESS THAN 28 DAYS IS - - — - -" - VIOLATION CODE(S) 1: 130-83. (B) -- IMPROVED SUB- VACATION RENTALS 2: 134-1. (K)(1 ) -- VACATION RRENTAL PROHIBITED _w. 3: 23-72. -- BUSINESS TAX REQUIRED- 4: 6-27. (B)(2)J -- UNSAFE ILLEGAL USE OCCUPANCY INSPECTIONS/EVENTS DETAIL DATE TIME INSPECTION / EVENT TYPE 11-01-2010 12:44:13 VACATION RENTAL INSPECTION 09-17-2010 10:51:05 VACATION RENTAL INSPECTION 09-17-2010 09:07:29 VACATION RENTAL INSPECTION D9-17-2010 09:01:51 COMMENT CODE )9-08-2010 08:57:59 COMMENT CODE INSTRUCT'ONS 1 COMMENTS NO BUSINESS TAX LICENSE FOUND FOR THE SUBJECT PROPERTY. SPOKE WITH THE OWNER SHAWN RENZ ON 7/19/10, REGARDING THE VIOLATIONS CITED: 130-83(B), 134-1(K)(1), 23-72 AND 6-27(B)(2)J. FOR THE SISTER PROPERTY ON 1633 LANTANA LANE, BPK EXPLAINED THE NECESSARY ACTIONS TO CORRECT THE VIOLATIONS FOR THAT CASE AND THE SUBJECT PROPERTY. VR INSPECTION, NO ANSWER AT THE DOOR, VEHICLE TAG INFORMATION ON FILE. WEB SITE FORUMS. FLORIDASPORTSMAN.COM-� 138804 HAS REVIEWS REGARDING THE SUBJECT PROPERTY AS A WEEKLY VACATION RENTAL. RECEIVED CONTRACT FROM AN ANONYNOUS COMPLAINANT REGARDING THE SUBJECT PROPERTY BEING RENTED OUT AS A WEEKLY VACATION RENTAL. RENTALS OF LESS THAN 28 DAYS IN THE (IS) IMPROVED SUBDIVISION EXfIIBIT C 3,ov.monroecounty-fl-goy/eGovPlus/codelcode_dtl.aspx?case no=CE 1 UU2U 19� 1211120 1