Item I3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 219_2014 Division: tins wthManage ment
Department: Code CoMpliance
Bulk Item: Yes No X Staff Contact: Lisa. Granger &Ronda Norman
289-2810
AGENDA ITEM WORDING: Discussion of request by the property owner, Elvira. Rossi
through her attorney, Eugenio Duarte for a reduction of the outstanding code fines imposed in
code case CE 10020062.
................................................................................................................................
........................................................................................
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES® N/A
paid within 30 days the amount should revert back to the original amount of fines and costs
($71,200.54).
TOTAL COST: —INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNTS
APPROVED BY: County Arty _a OMB/Purchasing — Risk Management
DOCUMENTATION: Included X Not Required —
DISPOSITION: AGENDA ITEM #
�,. ,Ku
�.:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SETTING A MINIMUM PERCENTAGE
THAT WILL .:.. ACCEPTED TO ° .:. !
INCONSISTENTIN CODE ENFORCEMENT CASES; PROVIDING FOR REPEAL OF
PROVIDING FO..
AN EFFECTIVE
Section 162.09(1 ), Florida Statutes, and Monroe County Code Section .3-7 gives
the special master appointed to hear Code Enforcement cases the authority to impose fires after a finding
that the property owner has violated the Monroe County Code and that the property owner thereafter has
not corrected the violation(s); and
der Section 162009(3), Florida Statutes, and Monroe County Code Section 6.3-,
if the County prevails in prosecuting a case before the special master, the County is also entitled to
recover all costs incurred in prosecuting the case; and
WHEREAS, a certified copy of the order imposing fines and costs becomes a lien on real and
personal property owned by the violator once recorded with the County Clerk, and
WHEREAS, thereafter, the County has the authority to initiate litigation for foreclosure of the
lien or for a money judgment; and
WHEREAS, in the alternative, the County has the ability to enter into an agreement with the
property owner to settle the matter on such terms, and conditions as the parties deem mutually acceptable,
in order to resolve the matter short of litigation; and
WHEREAS, the average cost of investigating and prosecuting a Code Enforcement case is at
least 1,101. 3, and the Code Enforcement Department projects that 1,200 cases will be brought before
the special master in the current fiscal year, for a total projected cost of approximately $1.2 million; and
WHEREAS, it is appropriate to defixy the majority if not all of the cost through the collection of
fines and costs from the actual property owners cited for the violations; and
WHEREAS, it is advantageous for the County not to mitigate the fines and costs by a significant
amount at time of settlement, so that the fines and costs will serve as a deterrent to other property owners
not to violate the Monroe County Code, or so that the imposed fines and costs will act as an incentive for
the property owners found to have violated the Code to correct the Code violations as quickly as possilple.
NOW, , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that.
herebySection L It is -
the policy of the County that the County will accept a
minimum of twentffive percent (2 5%) of accrued fines and costs in settlement of Code Enforcement
cases after said fines and costs have been ,, by the special
fines or costs prior to compliance.
Section 2. Any resolutions concerning the policy of the County with respect to the
xftnrcement cases after said finea and
costs have been imposed by the Special Magistrate are hereby repealed and any contrary provisions of the
Monroe County Code are hereby repealed.
Section 3. This resolution shall take effect on May 200&
Section 4. The Clerk of the Court is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said board held on the 21,.....ofMay,2008.
M
Mayor Mario DiGnisnarp,-pistrict 4
Yes
Commissioner Dixie Spatter, District 1
Yes
Commissioner George Neugcnt, District 2
Yes
ssioner Charles "sonny" McCoy, Disr.3
Sylvia Murphy, District 5
Yes
E, Clerk BOARD OF COUNTY
COMMISSIONERS OF
0-4 MO COZ4 �`Eok
BY:I�M Awc
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
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A ROV 13,�S TO R
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AI S I 7SA N T _ COUNTY ATTORNEY
'67 _9 N F
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Attorney and Counselor
999 Ponce do Leon Blvd., Suite 7351
Coral Gables, Florida 33134
Tel. 305-444-1958
Fax 305-441-7026
E-rnail: eduarte@cduartelaw.mm
April 30, 2014 [copy via Em"I
r0riginal via Regular Maill
Lisa Granger
County Attorney, Monroe County
1111 12"' Street, Suite 408
Key West, M. 33040
Re: Case No. CK 10020062
325 Calusa Street, Lot 465, Key Largo, FL 33037
Via Email
Dear Ms. Granger:
As we discussed in our last telephone conversation, I am currently assisting Ms. Elvira
Russi with the reduction of the pending fines in connection with the subject case.
I previously assisted Ms. Rossi in the sale of Lot 465 to the current owners, Eugenio and
Maria Garcia. Prior to the sale of Lot 465 to Garcia, Ms. Rossi, with the assistance of her soo-fir-
law, JavierDe la Paz, contacted the, appropriate County authorities in their efforts to bring the
property in compliance with Monroe County building code. The records kept by the Monroe
County Code Enforcement lend testimony to Ms. Russi's good intentions and diligence in her
sincere attempts to bring Lot 465 in full compliance.
Adrian Garcia, the son of the current owners of the property, along with the person with
whom Ms, Russi was communicating with throughout the course of the sale, were aware of Ms.
Russi's attempts to take care of the then -existing violations.
At the closing of the sale of the property, Ms—Russi delivered to Adrian Garcia, who was
in possession of the pr4iertW- imakwta"I #ffi�-t9P*aOOftr@*wf
related to the violations, inspection card, and plans. Ms. Russi closed on the sale under die
.sincere belief that the property was in full compliance with Monroe County building code at that
time.
Mr. and Mrs, Garcia are now in the process of selling the property to Gregory Ores, In
connection with the sale, Ms. Russi and I were recently provided with a recent lion search
indicating the pending violations. Ms. Russi and I immediately contacted the County to
understand the nature of the violations, and to take immediate action to undertake whatever was
necessary to close any issues that remained pending since the sale to Mr, and Mrs, Garcia,
I was informed by Christina Goetzoean, Senior Coordinator of the Monroe County
Building Department� that although a permit had been by Ms. Rossi on October 4, 2010, the
inspection to close the permit fialed the building inspection on November 29, 2010 due to the
fact that the plans/permits were not present on the property at the time. the inspection was
conducted, Ms. Russi was unaware of that misstep, and thus never re -requested the necessary
perunt. Additionally, Ms. Rusin was unaware at the nine that a final biologist ins%jection, '14- -v
to be requested. As a resul� the final ins#edib K w
since expired. nwL MIT
Ms. Rossi is an honest� hard-working individual who has always attempted to satisfy her
obligations related to the property. At no timeafter the transfer of the property to Mr, and Mrs,
Garcia was Ms. Russi aware that the &mperty IRWjw.r jbw
the accruing fines, Despite her most earnest efforts to conduct business honestly and ethically,
these oversights have led to exorbitant fines that are way beyond the financial means of Mis.
Russi
Ms. Rossi has offered to re -open, me final building permit and pay for the cost of
$104.00, and to request the biologist inspection once the building inspection has been completed
and approved.
Presently, there is a pending penalty of $70,950.54. Tire County has agreed to reduce the
amount to $26,950,00 plus costs of $250,54.
Ms. Rossi was a 20-year employee for kfiann-lade County, providing transportation
services to children. She is currently employed by Miami -Dade School Board as an aid for
children, working in the cafeteria as Vineland Elementary School.
In conclusion, the purpose of this letter is to ask for your assistance in the further
reduction of the fine. Ms. Rossi has genuinely tried to the absolute best of her ability to resolve
this matter® There was never any intent on her part to delay or avoid any of her responsibilities in,
regards to the property or any related matters. We request that you consider the circumstances
.surrounding this case and the related fines and offer Ms. Rossi an opportunity to satisfy all of her
obligations in a way that pleases all relevant parties.
'I
Fill III I'FRIF-liffill,
F.Fif --
Im
a the fo go' g letter and agree with its contents.
Elvis Rossi
Dated:
MONROE COUNTY, FLORIDA
WMI=
Case No. CE--"
Subject Property Real Estate Number:
D-1111 1802996 08/23/2010 2:29PM
Filed & Recorded in official Records of
FINAL ORDER MONRUE COUNTY DANNY L, KOLWRGE
Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspectods) and/or witnesses under oath, the following
Findings of Fact and Conclusions of Law are ORDERED:
The Resp nden for Authorized Representative G�cS1 were ere present wi� ,dd at �did not wit the viclationdd set forth in the Notice of Vrolationfifiotwe of Hearing which is incorporated herein as if fully set forth.
(t/he Respondent(s) Is/are the scenario of property located within Monroe County and was/were duly noticed of the hearing. The Respandent(s) Nwris in violation of
the Monroe County Cockdo as fully set form 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 continue to accrue until compliance is achieved and as is beowd, Furthermore, the Respondent(s) shall comply with those Cartels) referred to in the Notice of
Amid Notice of Heading on or before IVZI-3 ---- 7 --, _ _ _{"THE COMPLIANCE DATE").
Amid'
the event the vrolation(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH
HEREIN, finals) in the amount of:
$ Heads 1802996
�.(/, ) 0 e Skull 24N PON 1296
o? 7 (A ) 4 q ) f- - 0 0
/- -,-? -7406)-A - ,n
for each d-g,, h—in in& ot TWEAP.&Y &FTF ..............
( ) a one time fine of $ is ORDERED, and the condition causing the violation(s) is found 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.
( ) The Respondent(s) is/are ordered to attend a compliance/review hearing to be held on
IT IS TWE VE.SPOV*Ef0;TH5 RESP*NCIBILITY T* 9cni1FqT 1, 01=10M;
JANT BY CALLING
CODE ENFORCEMENT AT 305 453-88DR FOR TWr I pearls I'—'-r OR THE MIDDLE
In the avant of non. ment of fines and
thereafter hi.xi W�olltgo- ttve wd Y�lo awl ztNze-mal se—persis-ral Y-y dhv-94i-A1&*
The Courdt, may institute wpz4d 1`49
Enforcement and mail to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, C. 3305(k
1
The Respondenthd were in violation of the MONROE COUNTY Codes) as fully set forth in the Notice of Violation/Nofice of Hearing filed in this case and did not
come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondengs) shall pay the total amount of cost and/or fines
($--. — ---) to Monroe County Code Enforcement within thirty (30) days of this Order.
rg
DATED thisday of 20.
LARRYJ,SART Magistrate
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 MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER
PURSUANT TO SECTION 162,11, FLORIDA STATUTES, ANY SUCH APPEAL WILL BE LINITITED TO APPELLATE REVIEW OF THE RECORD CREATED
BEFORE THE SPECIAL MAGISTRATE, ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS or THE EXECUTION OF THIS ORDER.
CERTIFICATE OF ORDER AND SERVICE
I hereby certify that this is a true and c of the above Order and that a true and correct copy has been furnished to in dent cgor Authorized
Representative via hand delivery address of record with the Monroe County Property Appraiser's Office on nrc�Sdw, of
MONROE COUNTY
OFFICIAL RECORDS
%doole M. Patrick, Code Enforcement Liaison
MO ROE COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION/NOTICE OF HEARING
TO: RUSSI ELVIRA & RUSSI VANESSA & CASE ER: CE10020062
321 SW 27TH ST
MIAMI, FL 33165
NUMBER:RE 00541810000404
LOCATION : 325 CALUSA S - UNIT 465
Y LARGO, FL 33037
You are hereby ied that an investigation of the above referenced
property on r: found violations of e following •- County
Section(s):
110--10. (1)
PRIOR TO THE INSTALLATION OF THE ELEVATED C WITH I I GS`N,
THE ALUMINUM ROOF OVER, ALL EXTERIOR ELECTRICAL OUTLETS, /
PROPHOOK-UP, OUTDOOR SINKS, AND ELECTRICAL FIXTURES, At
PERMITIS REQUIRED.
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based o
the specific scope of work. Additional permits, permit fees,
mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The
Fact permit is $0.00 (five hundred dollars) as per
Monroe County Coe.l permits will require PASSING FINAL
ISPCTIO (S).
6-27. () (2) \
THE UNPERMITTED ELECTRIC IN SHED, ELECTRICAL OUTLETS INSTAL-
LED ON THE ALUMINUM POSTS OF THE ROOF OVER, AND THE ELECTRIC
AL OUTLETS INSTALL ON THE OUTSIDE OF THE RjV, HAS BEEN DEEM-
ED SAFE BY THE COUNTY BUILDING OFFICIAL.
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT OBTAIN A
PERMIT TO DEMOLISH THE OFFENDING SYSTEM OR OBTAIN A PERMIT
To BRING THE SYSTEM UP TO CODE. NO EXTRA TIME TO COMPLY WILL
E GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH SAFETY AND WELFARE.
6-27. () (2)H
THE INSTALLATION OF THE KITCHEN IN THE SHED, UNPERMITTED
ELEVATED DECK, ALUMINUM ROOF OVER, AND PROPANE TANK INSTALL-
ATION HAS BEEN DEEMED UNSAFE BY THE BUILDING OFFICIAL.
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT TO: OBTAIN AN
AFTER THE FACT PERMIT AND/OR RENEW AN EXISTING PERMIT,
COMPLETE REQUIRED INSPECTIONS, OBTAIN A CERTIFICATE OF
OCCUPANCY AND/OR CERTIFICATECOMPLETION.EXTRA TIME TO
Corrective Action Required:
TO AVOID FINES AND/OR COSTS of prosecution as per Chapter
162 %).fall violations noted above must be corrected by
violation is corrected and then
recurs, or it the violation is not corrected by the time
specified for correction by the Code Enforcement Inspector,
the case may be presented to the Code Enforcement Special
Magistrate even if the violation has been corrected prior ti
the hearing. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE
ENFORCEMENT INSPECTOR AND REQUEST A RE -INSPECTION. If you
fail to correct the above described violations, you must
appear before the Special Magistrate as stated below.
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 02/25/2010 at 9:00 AM at the
Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon,
Florida. The purpose of this hearing is to determine if in fact, a viola-
tion currently exists, the appropriate action to be taken, and any fines or
m,enalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR —
PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED ON YOUR PROPERTY
You may appear in person and/or be represented by an attorney. If you are
represented by an attorney, your attorney is required to file a written
notice of appearance with this office prior to the hearing.
*IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will
need to ensure that a verbatim record of the proceedings is made, which
shall include the testimony and evidence upon which the appeal is to be
based.
Should you seek a continuance of your administrative hearing, the presiding
officer may grant a continuance of a hearing for good cause shown. Except in
cases of emergency, requests for continuance must be made at least FIVE worki
days prior to the date noticed for 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. I
Pursuant to F.S. Chapter 162.09(2)(d), your failure to correct the
violation(s) may result in the impositon of a fine, not to exceed $1,000
per is per violation for a first violation, $5,000 per day per violation
for a repeat violation, and up to $15,000 per violation if the Special
Magistrate finds the violation to be irreparable or irreversible in nature.
In addition to such fines, the Special Magistrate may impose additional
fines to cover all costs incurred by the local government in enforcing
its codes and all costs of repairs pursuant to subsection (1).
Date: 02/09/10
LINK, DIANE
Code Enforcement Inspector
I hereby certify that a copy hereof has been lasehd to the above
named addressee(s) by Certified mail, Return ce' Re est No.
7008 2810 0001 7926 7307
Code focet Department
Please contact your inspector at the appropriate
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 - (305)292-4495
Middle Keys: 2798 Overseas Hwy.
Marathon, FL 33050 - (305)289-2810
Upper Keys: 102050 Overseas Hwy.Key Largo, FL 33037 (305)453-8806
If you are a person with a disability who needs any accommodation in order
to participate, you are entitled, at no extra cost to you, to the provision
of certain assistance. Please contact this office at (305)289-2509 within 2
days of your receipt of this notice. If you are hearing impared, please
call 711.
Monroe County Code Enforcement
Office of the Liaison
2798 Overseas Hwy.
Marathon, FL 33050
Phone: (305)289-2509
(305)289-2858
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT
THE MONROE COUNTY COURTHOUSE
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2/9/10-Russi — Lot 465 Calusa Campground — Key Largo
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2/9/10 —Russi — Lot 465 Calusa Campground —Key Largo
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2/9/10 —Russi — Lot 465 Calusa Campground —Key I
-367.
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UNISAFE/lUNISAINIT R.EFERRAL
TO: Joe Paskalik, Building Official
THROUGH: Ronda Norman, Sr. Director, Code Enforcement
FROM: laA-"e- t
L./I n
SUBJECT- Referral for Unsafe/Unsanitary Property/ tr ture (s)/Systern (a)
DATE: Ol 09 1 t6
Attached please find photographs/documents regarding. -
CODE ENFORCEMENT CASE'(!Et QQQ_0QU,-L_.�, , for your review.
Owner/ Tenant*
RE:
COMMENTS: Y
KEY:_LAQt��
I have reviewed the documents/photographs provided to me regarding the above Code
Enforcement Case, Based upon the photographs/ documents provided to me, it is my
opinion, that the conditions of the property, structure(s) and/or system(s) are deemed to
be-
-X—Unsafe per Monroe County Code and will _) will not require a building
permit to bring the violation(s) into compliance,
Unsanitary per Monroe County Code and will will not require a permit to
bring the violation(s) into compliance,
P -
zran:L�
REMW-Paskalik, Building ORi-c-i—al
.� -- x") -
Date
PLAINTIFF'S
EXHIBIT
Wt('�%
MONROE COUNTY ***LIVE***
PERMIT STATUS REPORT
DATE : 02/25/2010
BASIC INFORMATION
Permit no
Master no
CO issued
Project
RE:
Address
Owner(s)
Owner Addr
Permit Type
Usage Class
Input Quan:
General Coni
10300955 Status : OPEN Apply date : 02/24/10
Permit issued:
CO number
00541810000404-
325 CALUSA STREET - UNIT 465 KEY LARGO FL 33037
RUSSI ELVIRA & RUSSI VANESSA &/FERNANDEZ ANIBAL R/S
9321 SW 27TH ST MT FL 33165
08 C404 Type
RES Appl. Valua: 400
0 Calc Valuat: 0
OWNER
SPECIAL CONDITIONS
325 C.A�USA ST LT 465
DEMO FOR CODE COMPLIANCE
NOTICE OF COMMENCEMENT NOT REQUIRED
-------------------------
PROPERTY INFORMATION
Section
Frontage
Township
Range
Zone clss
Fld zone
Units
Front
Left
Bedrms
Rooms
Construc type
Subdivision
Engineer
Architect
28 Lot
0 Impact area
61 Block #465
39 Lot area
Fire dist
Fld elev
Floors
Back
Right
Sqft roof
Sqft footprnt:
Sqft livable :
9
----------------------------------------------------------------------
CONTRACTOR INFORMATION
--------------
1eTTr#r--r,F.V1ff%. �*- -
PLAINTIFFS
EXHI IT