Item P08
Meeting Date: March 18. 2009
Bulk Item: Yes No XX
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUlVlMARY
Division: County Attornev
Staff Contact Person: Cynthia L. Hall x 3174
AGENDA ITEM WORDING:
Request by property owner Deutsche Bank USA or its agent for mitigation of fines in Code Enforcement
Cases CE07050202 and CE07020119,
ITEM BACKGROUND: The property located at 17054I<ingfish Lane W. was previously owned by
BmTY Fitt. Code Enforcement initiated two cases against Mr. Fitt in 2007. In CE07050202, Mr. Fitt
was fOlUld in violation of 10 sections of the Monroe County Code, for extensive renovation of the
single family residence without permits or inspections, including violation of the floodplain
management ordinance, and trailers being rented to tenants on the propelty. The Special Magistrate
imposed fines of $100 per count begilUling Nov. 29, 2007. None of these violations have ever been
corrected. Fines and costs in tills case now total approx. $460,118.50. In CE07020119, Mr. Fitt was
found in violation for having an unsafe and unsanitary pool. This violation was corrected on Sept. 24,
2007. Fines and costs in this case total $17,118.50. The two cases required considerable staff time
from both Code Enforcement and the County Attorney's Office.
On November 27,2007, the property owner's lender (Deutsche Bank) recorded a lis pendens initiating
a foreclosure action. The County's code enforcement liens were recorded Peb, 6, 2008.
Deutsche Bank obtained a final judgment in its foreclosure action in April 2008, Deutsche Bank has
now located a buyer and is requesting a reduction of the fines. The new owner will be responsible for
correction of any of the outstanding violations. The County Cumulatively, staff time and outstanding
costs in the case total approximately $20,000.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
TOTAL COST: $0
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No
~
APPROVED BY: County Atty ~
AMOUNTPERMONTH_ Year
OMB/Purchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Included x
Not Required_
AGENDA ITEM #
O,~~,T.y ~2~,~~E
(305) 294.~641
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Suzanne A. Hutton, County Attol"ncy'Vi'
Roberl B. Shillinger, Cbief Assistant County Attorney **
Pedro J. Mercado, Assislnnt County Attorney
Susan 1\1, Grimsley, Assistant County Attorney ""f
Natileene W. Cassel, Assistullt COllllty Allorney
Cynthia L, Hall, Assistant County Attorney
Christine Limhert-Barrows, Assislallt County Attorney
Derek V. Howard, Assistant County Attorney
** Board Celtificd ill City, Coullty & Loc.11 Gov!. Lnw
July 29, 2008
Sarah Barbaccia, Esq.
Ben-Ezra & Katz P A
2901 Stirling Rd. Suite 300
Fort Lauderdale FL 33312
BOARD OF COUNTY co [1.1 MISSIONERS
Mayor, Charles "Sonny" IvJcCoy, District 3
Mayor Pro Tem Mario Di Gennaro, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Sylvia J. ~1urphy, District 5
Office of the County Attomc)'
I1I1 12111 Strcct, Suite408
Key West, f'L 33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
RE: Monroe County Code Enforcement Cases CE07020119, CE07020502
17054 Killgfish Lane \V. Monroe County FL
Dear Ms. Barbaccia:
You may recall that we discussed this property several months ago. It is my understanding that you
represent Deutsche Bank National in its capacity as the agent for the lender on this property,
previously owned by Barry Fitt, and that a Certificate of Sale is in the process of being recorded in the
Official Records of the Momoe County Clerk. .
As I mentioned, Monroe County Code Enforcement has several cases pending against the property.
Under Chapter 162, it is our obligation to serve a notice of violation on the new owner. Please advise
as soon as possible whether you will accept service of the notice, or whether you would prefer that we
serve your client directly, in which case please provide the appropriate contact information.
Please contact me as quickly as possible at (305) 292-3470. Thank you.
Sincerely,
i.thvI
C thia 1. Hall
Assistant County Attomey
Cc: Ms. Ronda Norman, Sr. Director, Code Enforcement