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Item T8BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 f Tine Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: T.8 Agenda Item Summary #2320 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against Norman Wartman and the property located at Kawama Condominium Bldg. R Unit 3, Key Largo, and upon any and all other real and /or personal property owned by Norman Wartman, if necessary, to compel compliance with County Ordinances and enforce the lien arising from code compliance case number CE13070079. ITEM BACKGROUND: This property ( Kawama Condominium Bldg. R Unit 3, Key Largo) is located within the Urban Residential (UR) Land Use (Zoning) District, which allows vacation rental uses as -of -right if a special vacation rental permit is obtained. Any unit owners running a vacation rental within Kawama in the UR District must obtain an annual permit from the County. Each permitted vacation rental unit must also have a vacation rental manager licensed by the County. Case CE13070079 is a result of the failure to obtain the required permits(s), approval(s) and inspection(s) for the short -term rental of this property. A hearing was held on June 25, 2015 and the Special Magistrate found the property in violation of Monroe County Codes as cited: • MCC Sec. 134 -1. 0)(1) - To -Wit: FAILURE TO OBTAIN A MONROE COUNTY SPECIAL VACATION MANAGERS LICENSE. • MCC Sec. 134- 1.(k)(2) - To- Wit: IT IS UNLAWFUL FOR A PROPERTY OWNER, LANDLORD, AGENT OR OTHER REPRESENTATIVE TO ADVERTISE, LEASE, RENT OR HOLD OUT FOR RENT A HOME FOR A SHORT TERM (LESS THAN 28 DAYS) RENTAL WITHOUT A SPECIAL VACATION RENTAL PERMIT. The Special Magistrate imposed a One - time -fine of $2500.00 and a compliance date of August 20, 2015 for each count with daily fine(s) of $500.00 to accrue if compliance is not achieved. Mr. Wartman paid the One - time -fine on July 20, 2015. Mr. Wartman received the Managers License on August 27, 2015, thereby stopping the daily fines. The daily fine of $500.00 accrued for 6 days for a fine amount of $3,000.00. The Final Order was recorded in the Official Records as a lien on behalf of the County on September 2, 2015. On June 30, 2015 Mr. Wartman submitted a request for an Exemption to a Special Vacation Rental Permit. This application did not meet the criteria for an exemption and was denied by the Planning Director on September 2, 2015. The applicant appealed the denial to the Planning Commission, who upheld the Planning Director's decision to deny the request. The applicant appealed the Planning Commission's decision to DOAH (Department of Administrative Hearings) and the denial was upheld. All attempts by staff to persuade Mr. Wartman to comply with MCC Sec. 134- 1.(k)(2) by either obtaining the required permits(s), approval(s) and inspection(s) for the short -term rental, or ceasing the unlawful rental activities have failed. Therefore the daily fine continues to accrue, with the exception of a stay for 101 days to accommodate Mr. Wartman's appeal to the Planning Commission. As of November 3, 2016 the daily fine of $500.00 has accrued for 339 days for a current fine amount of $169,500.00. On September 2, 2016 a Notice of Motion to Authorize Foreclosure and /or money judgment /Notice of Hearing was mailed to the property owner certified mail for hearing scheduled on September 29, 2016. The hearing was held and Mr.Wartman addressed the Special Magistrate. As a result, the Special Magistrate imposed an Order Authorizing Foreclosure. As of November 3, 2016 the current fine amount is $172,500.00 and continues to accrue $500.00 per day until compliance is achieved. Current costs are $466.93 and will continue to accrue until compliance is achieved and the case is closed. The property is not homesteaded and there are no pending foreclosure actions at this time. Under the policy adopted in Resolution 057 -2014 the available legal options in regard to the County's lien on this property are: 1. Initiate litigation against the property owner for injunction, foreclosure, writ of execution and money judgment; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and /or 3. Reduce the amount of the fines. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057 -2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non - compliant properties, foreclosure and /or money judgment actions for collection of unpaid fines and /or costs from a property owner. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Authorize staff to initiate litigation against Norman Wartman and the property located at Kawama Condominium Bldg. R Unit 3, Key Largo, and upon any and all other real and /or personal property owned by Norman Wartman, if necessary, to compel compliance with County Ordinances and enforce the lien arising from code compliance case number CE13070079. DOCUMENTATION: DAILY RENTAL AD CE13070079 WARTMAN SUPPORT DOCS WARTMAN CE13070079 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: 2500.00 Current Year Portion: Budgeted: Yes Source of Funds: 148 -50001 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 11/22/16 148 -50001 -GROWTH MGMT ADMIN $2,500.00 REVIEWED BY: Kathleen Windsor Completed Cynthia McPherson Completed Assistant County Administrator Christine Hurley 11/04/2016 4:09 PM Steve Williams Completed Bob Shillinger Completed Kathy Peters Completed Board of County Commissioners Pending 11/03/2016 11:28 AM 11/03/2016 12:04 PM Completed 11/04/2016 4:21 PM 11/04/2016 5:07 PM 11/07/2016 12:31 PM 11/22/2016 9:00 AM Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Send this page to a friend Thank You Your message has been sent. 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All rights reserved. 0 Hello there! 0 0 • Traveler Lo gin • Owner Lo gin o Back 0 o Visit Help Center 0 u • How it Works • Securit Center 0 0 • How it Works • List Your Pro perty_ • Communit 0 u F N Z z P<- P<- HomeA •• wi th m, CD SeleCT101 M evere bi CV friends 1 u nforaei LeamN _ H https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source= F.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 1 of 20 Cuba hers I One "sa 411 ccic Book now Sou thwesto , HomeAway 0 Back 0 • United States o Arg entina o Australia • Brasil o Canada o Colombia • Danmark o Deutschland o Es pana • France o India o Indonesia • Italia o Mala ysia o Mexico • Nederland o New Zealand o Norge • Philip o Polska o Portu • Singapore o Sri Lanka 0 Suomi • Sveri o United Kin o Vie Nam • Osterreich o EM\dBa o POCCMg 0 ='� �l 0 9.1 - -L 1AIMpI 0 rpm 0 U °" 0 0 EHMI 0 Hello there! 0 0 • Traveler Lo gin • Owner Lo gin o Back 0 o Visit Help Center 0 u • How it Works • Securit Center 0 0 • How it Works • List Your Pro perty_ • Communit 0 u F N Z z P<- P<- HomeA •• wi th m, CD SeleCT101 M evere bi CV friends 1 u nforaei LeamN _ H https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source= F.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 1 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo o List Your Properties - . st... 4�.0 r... �'.ro p e'r:4 F Key Largo, FL, USA Arrive Depart Search 1. ...... • See more properties in this area 2. Rental 7023948 3.315- See more properties in this area Q traveler reviews Key Largo townhse oceanside w/ pool, lagoon,& golfcart • Email • • • Favorite • Amenities Contact the Owner Tell the owner when you would like to travel. Enter your travel dates My travel dates are flexible. First Name* Last Name* $196 avg /night Enter dates for accurate pricin View details Enter dates for accurate pricing Arrive I IIARW 2 adults Request to Book Request to Book Send a Message How to pay safel Re port this listin Key Largo townhse oceanside w/ pool, lagoon,& golfcart r r r' r' https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 2 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo 1of16 F r r' r` S F � _ aar�t Enter dates for accurate pricing Arrive Request to Book Request to Book Send a Message i w Sleeps Bedrooms Bathrooms Property type townhom Minimum Stay 3 - 7 night How to pay safely_ How to pAy safely https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 3 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo a: Re port this listin Overview Details r Property Sleeps Bedrooms Townhome 6 2 Description Key Largo Townhome Rental Photos and Description Townhome, 2 Bedrooms, 2 Baths, 6 Sleeps The 2 story corner townhouse is located poolside,the back terrace overlooking the swimming lagoon (beautiful parrot fish), front porch had a table and bbq to entertain, 2 bedroom, 2 full bath, a full kitchen w/ granite counter tops, family room, cable t.v., vcr, dvd, surround sound system, washer & dryer, golf cart, linens and all kitchen stuff. Gated community located 1 hr & 10 from Miami Intl Airport. Beautiful & great location. Suitability: Long -term Renters Welcome, children welcome, pets considered Owner Norman Wartman Speaks: English Response time: Within an hour Response rate: 90% Calendar last updated: September 9, 2016 Re port this listin Reviews 3.3 Write a Review based on 3 traveler reviews 0 r r F Bathrooms Minimum Stay 2 3 - 7 Nights Send a Message Call Owner 1 - a i 0 'v r r' r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 4 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo 1 Michael J. Annandale, MN Relaxing vacation! • 4of5 Michael J. We rented this condo for 4 adults over Christmas and had a great time! Everything was as pictured and Norman was close by if we needed anything. The added bonus is the kayaks and paddle boards that are there free to use that I didn't see mentioned anywhere. The dollar store down the street had everything we needed that we forgot. There are close by liquor and grocery stores and many restaurants. We witnessed a proposal, and someone was setting up for a wedding on the beach. I would stay here again! • Submitted: Jul 6, 2016 • Stayed: Dec 2015 • Source: HomeAway Did you find this review helpful? 0 Yes 0 No 4. J I Kelly M. Do not rent from Norman. He will rent you a dump! • lof5 Kelly M. Norman rented us a dump in heavy disrepair. He did not care. He publishes one unit and then gives you another. Do not trust him. He knows you will be out of town and completely helpless when he shows you the dumpy condo he has for you. He does not change the sheets or even make the beds. Save yourself, rent from someone else! • Submitted: Jun 29, 2015 • Stayed: Jun 2015 • Source: Vacation Rentals, from HomeAway Owner's Response: This is the reason I take pictures of the unit before I receive renters and after they leave. The unit was cleaned and in perfect condition when they moved in and trashed when they left. They received the unit they were promised. It was confirmed with them in the Reservation Confirmation I e- mailed them (as I do all my customers) when I receive the deposit. r r' r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 5 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Did you find this review helpful? 14 Yes 2 No t r� enc dayton, oh, usa Kwama in Key Largo • 5of5 ertc I boat so usually stay in Islamorada, but this time I brought 2 11 year -old girls so I thought there would more for them in Largo. This is very true ... more shopping, activities, restaurants, etc. This property easily accommodated our four adults, 2 kids and Kawama is a beautiful property with important amenities for us on site; Molasses Reef Marina, two fresh -water pools, a playground, a salt -water swimming lagoon and a golf cart to get around the fair -sized property. The townhouse was clean with appliances, etc. in working order. The owner kept in touch to see if we needed anything during a two -week stay and the cost at Kawama for 2 weeks was about the same as the cost for a five(5)day stay in Islamorada. The one major drawback for me was that all the reefs and water around Largo are protected sanctuary so I was running the boat daily as far as Conch, Davis and Alligator Light Reefs(off Isamorada /plantation key)to get to areas where fishing /lobstering are permitted. • Submitted: Sep 1, 2010 • Stayed: Aug 2010 • Source: Vacation Rentals, from HomeAway Did you find this review helpful? 31 Yes 0 No • 1 -3 of 3 Write a Review Request to Book Request to Book Send a Message Map r r r r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 6 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Nearest Airport 60 Miles Miami International Airport Nearest Barpub 0.02 Miles Pilot House Restaurant Nearest Golf 15 Miles Ocean Reef Golf Course Nearest Train 60 Miles Miami Nearest Restaurant 0.01 Miles Key Largo Fisheries Restaurant Nearest Beach on site Other Activities: Top Thing to do in City: * fishing. * diving. * snorkeling. * Kayaking. * relax. Top Thing to do in Budget:..... Top Thing to do in Family:..... Kawama Yacht is a tropical oceanside resort in the heart of the Florida Keys, located at the southern oceanside border of John Pennekamp Coral Reef State park (snorkeling, diving, canoeing, kayaking, fishing, biking). Located minutes from swimming with the dolphins, aquatic and sports center(basketball, baseball, skateboard park, camp...), great restaurants, fishing and diving charters. F ,Report a map err r r' r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 7 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Request to Book Request to Book Send a Message Photos https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 8 of 20 'abo co m Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 9 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Request to Book Request to Book Send a Message Rates & Availability View all rental rates Key Largo Townhome Rental Rates Rental Basis: per property Owner accepts payment in: USD F r re r' r Show estimated rate in: US Dollar F Fall 2016 Aug 20 2016 - Dec 17 2016 $250 $995 $2,750 3 night minimum stay Christmas / New Years Dec 18 2016 - Jan 2 2017 $500 $1,995 3 night minimum stay Winter 2017 Jan 3 2017 - Mar 312017 $1,395 $4,000 7 night minimum stay My Standard Rate $295 $1,295 $3,250 https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=. ..meaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 10 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo 3 night minimum stay Additional information about rental rates Nightly Rate: $100 - $395 Weekly Rate: $895 - $1295 Holiday rates are higher then posted rates. Monthly Rate: $2500 - $3500 $895- $1295 per week (holiday weeks may be higher) A 20% non - refundable deposit will reserve the property. The balance is due the day of arrival. Trip insurance is available upon request. * Approximate monthly rate. Actual rate will depend on the days of the month you stay. Owner's Cancellation Policy Please ask the owner or check their rental agreement when booking the property Enter dates for accurate pricing Arrive Depart 2 adults Request to Book Request to Book Send a Message Available arrival Available stay (no arrival) Unavailable November 2016 December 2016 January 2017 February 2017 March 2017 April 2017 4 -2 -a 4 1' 2 3 4 I 1 .5 6 - $ 4 49 *+ 5 6 7 8! 9 10 11? 2 3 4 5 6 7 8 2 +3 +4 +& +7- 1••...8- 12 13 14 15. 16 17 18! 9 10 11 12 13 14 15 F r r' r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=.. .omeaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 11 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo 4-9 28 ' 2+ -2�4 23 24 25 19 20 21 22! 23 24 25 16 ' 17 18 19 20 21 22 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Updated: Sep 9, 2016 Request to Book Request to Book Send a Message Amenities Key Largo Townhome Accommodation and Amenities Property Type: townhome Meals: Guests provide their own meals Location Type: Beach View Beachfront Lake View Lakefront Ocean View Resort Water View Waterfront Theme: Adventure Away From It All Family Romantic Tourist Attractions General: Air Conditioning Clothes Dryer Hair Dryer Internet Iron & Board Linens Provided Living Room Parking r re r' r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=. ..meaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 12 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo 1 Towels Provided Washing Machine Kitchen: Coffee Maker Dishes & Utensils Dishwasher Kitchen Microwave Oven Refrigerator Stove Toaster Dining: Dining Area Bathrooms: ry CD ry 2 Bathrooms CD Bathroom I - j Bathroom 2 - Entertainment: DVD Player Satellite / Cable Television Outside: Balcony Deck / Patio Kayak / Canoe Lanai / Gazebo Lawn / Garden Outdoor Grill Tennis Water Sports Gear Suitability: Long -term Renters Welcome children welcome pets considered Pool / Spa: https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=. ..meaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 13 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Communal Pool Heated Pool Outdoor Pool bay /sound botanical garden churches forests library marina playground rain forests recreation center reefs restaurants synagogues water parks Attractions: Leisure Activities: beachcombing bird watching eco tourism scenic drives sight seeing walking Local Services & Businesses: ATM /bank Babysitter fitness center groceries hospital laundromat massage therapist medical services Sports & Adventure Activities: basketball court deepsea fishing fishing fly fishing hiking jet skiing pier fishing rafting roller blading sailing scuba diving or snorkeling snorkeling sound /bay fishing r r r' r https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=. ..meaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 14 of 20 Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo surf fishing swimming tennis water skiing water tubing wind - surfing Notes: This tropical paradise offers a private sandy beach, 2 pools, a salt water swimming lagoon, on site marina to dock your boat,tennis courts, a fishing jetty, park for kids,golf cart to cruise the property, beach side bbq grills and picnic tables. Request to Book Request to Book Send a Message You might like these similar properties per r1il1t per nigh: I 1 11• If https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=. ..meaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 15 of 20 ��BO per night Beautifu Key Largo Town Home Fully — 46 2 6 Partner Offers V� Pick uplocation Drop off location 11/O4/2O16 Driver aged between 25 and 7O? 30 � You might like these similar properties 11/O7/2O16 F mtpn:0wwwxomoawavnom/vacamon',onm//p7ouoo4ormmsou,no~ ... moawavun%uoruuonu%ummv mruuoomuxo%uoa/wa non%uofanouoox Page 1omuo Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo ��'g; Per night per night m ��BO per night Beautifu Key Largo Town Home Fully Renovat m mtpn:0wwwxomoawavnom/vacamon',onm//p7ouoo4ormmsou,no~ ... moawavun%uoruuonu%ummv mruuoomuxo%uoa/wa non%uofanouoox Page nmuo Key Largo townhse oceanside w/ pool,... - HomeAway Key Largo Sponsored links related to: KEY LARGO FLORIDA vacations expecl v Key Largo FL Packages - Get Low Rates !in Seconds - expedla.corn Expecia Guarantees the Best Price. 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All rights reserved. r r r' https: / /www.homeaway.com/ vacation - rental /p7023948 ?utm_ source=. ..meaway_us %20t %20nb %20traveler %20010216 %20alwayson %20facebook Page 20 of 20 DocN 2044107 09/02/2015 3:14PPI Filed & Recorded in Official Records-of MONROE COUNTY AMY NEAVILIN � y BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Case No.: CE13070079 Petitioner, ) VS. ) Subject Property Real Estate Number: 00090493. 004500 NORMAN WARTMAN ) DocN 2044107 Respondent(s). ) BkN 2758 P90 2353 ) FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s) and /or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: Th Respondent(s) and/orAuthoriz sentative Alorman h/_y • 0,4vid r 'a-Z 44-1 i7css o.,/& ere were not present and did / d not ontest the violation(s) set forth in the Notice of Violation /Notice of Hearing which is rporat herein as if fully set o The Respondents is /are the owner(s) of property located within Monroe County and was /were duly noticed of the hearing. v l) The Respondents; is /are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation /Notice of Hearing served upon the Respondent(s). ( v /) The violation(s) is found to be irreparable or irreversible and a one -time fine of $ a? 600. o o is ORDERED, payable within 36 days of this Order. ( ,/) Pursuant to Section 162.07(2) of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty (30) days of compliance. Costs will continue to accrue until compliance is achieved and the case is closed. ( ,/) The Respondent s) shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before ( "THE COMPLIANCE DATE ") In the event the iolation (s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN, fine(s) in the dollar amount: 134.1j)(1) $ 500.0 134.1.(k)(2) $ Soo. o0 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are hereby ORDERED. (V� It is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) 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 Compliance within thirty (30) days of this Order. ( )Other r r' r r' R , Page 1 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 Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050. DoeN 2044107 Bkq 2758 Pgq 2354 r%& TV, IJVJI L.7A'"" rVR I IIG LVVVGR F%r - TC . DATED this srr day of lr/14 2 Jo fin n G. Van Laninqham, Special 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 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 42 that this is rue and correct copy of the above Order. 4 Nicole M. Petrick, Liaison Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: CASE NUMBER: CE13070079 NORMAN WARTMAN 1500 OCEAN BAY DR #R3 KEY LARGO, FL 33037.4280 Location of Subject Property: 1500 OCEAN BAY DR #R3 KAWAMA KEY LARGO, FL 33037 -4280 RE NUMBER: 00090493 - 004500 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. m ail to Respondent(s) address of record with the Monroe County Property Appraisers Office as referenced abgve, and /or Authorized Representative AAA on this X30 "f day of 20 Nicole M. Petrick, Liaison MONROE COUNTY Page 2 OFFICIAL RECORDS gPublic.net - Monroe County, FL 0*. qPutil - C-rWr Monroe County, FL Summary Parcel ID 00090493 - 004500 Alternate Key 8629982 Property Address 1500 OCEAN BAY DR UNIT R -3 Key Name KEY LARGO Sec/Twp /Rng 5 -62 -39 Legal Description TOWNHOUSES OF KAWAMAA CONDOMINIUM BLDG R UNIT 3 & • Misc Improvement Value 1.6666% COMMON ELEMENTS OR930- 1760Q /C OR932 -960 O $0 R932- 962Q/C OR935- 1114Q/C OR935- 1115Q/C OR995 -321Q $0 (Note: Not to be used on legal documents or any document to be recorded) Neighborhood 8654 Subdivision $0 Millage Group 500K Affordable Housing No Class 0400- CONDOMINIUM Owner Primary Owner Wartman Norman 1500 Ocean Bay Dr Apt R3 Key Largo, FL 33037 -4280 zm Valuation r r ' r httns:// anublic .schneidercnrn.cnmlAnnliratinn acnY9Ann1T) =Q)'9 T 9- r%— ic , 7, -7non , I ,, r. nl e 2016 2015 2014 2013 2012 • Building Value $149,300 $149,300 $149,300 $131,634 $119,769 • Misc Improvement Value $0 $0 $0 $0 $0 • Land Value $0 $0 $0 $0 $0 = Just (Market) Value $220,643 $149,300 $149,300 $131,634 $119,769 = Assessed Value $164,230 $149,300 $144,797 $131,634 $119,769 r r ' r httns:// anublic .schneidercnrn.cnmlAnnliratinn acnY9Ann1T) =Q)'9 T 9- r%— ic , 7, -7non , I ,, r. nl e gPublic.net - Monroe County, FL 2016 2015 2014 2013 2012 - School Exempt Value $0 $0 $0 $0 $0 = School Taxable Value $220,643 $149,300 $149,300 $131,634 $119,769 Condominium Details Complex TOWNHOUSES OF KAWAMA Year Built 1983 Area (Sq Ft) 927 Sales TRIM Notices TRIM Notice No data available for the following modules: Land, Building Summary, Buildings, Exemptions, Improvements, Appraiser Notes, Sketches, Photos. The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the * Developed by Sdvmeidw The Schneider Corporation Packet Pg. 3056 httas:H anublic .schneidercoro.com /Annlication acnx7Annm= 6() avprm�-49aO;.rpaopTLrnpM- dR,13nRPm— e'29'IR n =, 1q'7A'70Q0 1 1„Mr„ I Sale Date : Book/Page 0 Price 0 Instrument Qualification 0 12/1/1987 1039/558 $80,300 WD U Permits Bldg Number Date Issued Date Amount Description C Completed 0 0 0 Notes C 05301507 04/04/2005 08/01/2005 $0 REMOVE AND REPLACE KICHEN CABINETS I° AND APPLIANCES, REMOVE PARTIAL CD COUNTER, AND ADD ISLAND. View Tax Info View Taxes for this Parcel 04 TRIM Notices TRIM Notice No data available for the following modules: Land, Building Summary, Buildings, Exemptions, Improvements, Appraiser Notes, Sketches, Photos. The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County. The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose. Likewise, data provided regarding one tax year may not be applicable in prior or subsequent years. By requesting such data, you hereby understand and agree that the * Developed by Sdvmeidw The Schneider Corporation Packet Pg. 3056 httas:H anublic .schneidercoro.com /Annlication acnx7Annm= 6() avprm�-49aO;.rpaopTLrnpM- dR,13nRPm— e'29'IR n =, 1q'7A'70Q0 1 1„Mr„ I wo Code Enforcement Fin - O R E C E T.8.b File Edit Actions Details Links Help r I- P<- N N Code Enforcement Fin ONROE COUNTY LIVE **** r � _ t n „ ` Y .'.� ;� File Edit Actions Details Links Help � Case lnfbrmation Case Number CE13070079 Origination, �1- PHONE CALL RE 00090493004500 Board SM -SPECIAL MAGIST TE / Address 1500 OCEAN BAY DR 9R3 KAWAMA Total Fines 172500.00OOWO t Ordinance Date Ordered Comply By Fine Start Daily Fine Settle Amou Paid Amount 1 1 1 1 1 11 1111 1 134-1. (1)(1) 06/25/2015 08120/2015 08/21/2015 500.00000! 0.00: Fine Details Sus s Ordina Code 11344(k)(2) Continuous '` S!ap Date P,.start Date 4 Date Ordered 06125/2015 I2s4 Comply BY 08/20/ 15~= . 10J06J2015 01/1512016 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE13070079 NORMAN WARTMAN, ) Respondent(s). ) NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to F.S. 162.09(3), to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien in this case, which was recorded in the Official Records of Monroe County on September 2, 2015, Book 2758, Page 2353 on the property that was the subject of the code compliance action described as: 1500 OCEAN BAY DR #R3 KAWAMA KEY LARGO, MONROE COUNTY, FLORIDA, RE# 00090493004500, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of September 2, 2016 is $141,833.99 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on September 29, 2016 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. lgi=- L j u-- . , Steven T. Williams Assistant County Attorney 1111 12' Street Suite 408 Key West, Florida 33040 (305) 292 -3470 Fla. Bar No.: 0740101 OJERT IFICATE OF SERVICE I hereby certify that on this a day of 2016 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No _ a 1500 OCEAN BAY DR #R3 KEY LARGO, FL 33037 4 — m ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 2924441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 11711 ". County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289 -2810 FAX: (305) 289 -2858 Board of County Commissioners Mayor Heather Carruthers, Dist. 3 Mayor Pro Tern George Neugent, Dist. 2 Danny Kolhage, Dist. 1 David Rice, Dist. 4 Sylvia Murphy, Dist. 5 NORMAN WARTMAN 1500 OCEAN BAY DR #R3 KEY LARGO, FL 33037 -4280 September 02, 2016 Subject: Code Case: CE13070079 Location: 1500 OCEAN BAY DR #R3 KAWAMA KEY LARGO, FL 33037 -4280 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on September 29, 2016. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate location.: Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292 -4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289 -2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453 -8806 Additionally, pursuant to F.S. §162.07(2), the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F.S. § 162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. Respectfully yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor-kathleen@monroecounty-fl.gov MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE I jLa Lg]:� CERT • ZLD.ho owl 32Q(-),qq-5f5 GOOD SERVICE: CAB- 91'flh, NO SERVICE: fn N 0 ;R ioD6►'OQ �-n — M 'C m 4oT.o 3 0, •�+ 3 ° O °ma ° c m« 6-'3, O— VDO� ^ G CD 0 Q TI `! y 0 / A V m> m A 7 :i 7 N; 39 c 'w� N v DZ EL CD y ,� F Sep ZZ oho ME — o '°� ao� Z 'n w0 955 v �r�� am) 'M I co Z O 3 °' = — C A) m � y w �. �o w o2 L-J � �— — �O Z Z W � 1 y�o� N= v 'b-0 w 0,0 �� CC� C�� L ° !° c0°n— m C3 C3 ° — p � cg a W m A� W S - (D 3333 °i �g mm� �� — Ir Postage CL erhfied Fey ` m < y� „ .. g g m a ° RetuFr R H R O Fee j ;Endarselner� gWred ._.� m P m k f r < m Q < m m a s n m °u�_ ry _ t ° �Evi2r&sera ent R ec}U r ed) r a fA O 3 • Er M WARTMAN NORMA"U.. 3 ❑❑ ❑ ❑ ❑❑ m0,mmm �3 f 3 _ _. ^' o , 1500 OCEAN BAY DR APB R3 o a 3 ❑ 11 [3 .p KEY LARGO, FL 33037 -4280 mgm_ m o aD y osa m CE13070079 /NTCMTN /KW , _ g a�z BRIEF FOR CE13070079— MOTION FOR C OLLECTIONS 9/29/16 Kathleen Windsor Monroe County Code Enforcement Subject Property - 1500 OCEAN BAY DR UNIT: R -3 KEY LARG VACATION RENTAL SHORT TERM W/O PERMIT Lien filed September 2, 2015 and remains unpaid • Property is NOT in compliance. • This Lien 154,886.06 fines as of September 28, 2016 NOTES: Y NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed Cert Mail on September 2, 2016 to address on PRC, and Return receipt was signed on September 7, 2016 County is asking the Special Magistrate to authorize foreclosure and /or money judgment proceedings on the Order /Lien in this case. �C . �d A MASTER BRIEF MOTION FOR COLLECTIONS GOOD SERVICE.docx F BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE13070079 NORMAN WARTMAN, ) Respondent(s). ) ORDER AUTHORIZING FORECLOSURE A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this j gE day of Government Center, Marathon, Florida. John G. V Special M. CERTIFICATE OF ORDER I hereby certify that t s is a true and correct copy of the above Order. '6�, C4 Nicole M. Petrick, Liaison 20 at the Marathon CL CL 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 / fi class U .S. mail to Respondent(s) address of record w/ the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative f l on this day of 20 Aa M. Petrick, Liaison