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Item O05AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Division: County Attorney Bulk Item: Yes X No - Staff Contact Phone #: Steve Williams 305-289-2500 AGENDA ITEM WORDING: Authorization to initiate litigation against Jose Martinez Jr. and the property located at 655 Colson Dr., Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE 1310014 1. ITEM BACKGROUND: This property has been the subject of a Code Compliance case for failure to hook up to central sewer. The fines total $21, 100.00 as of May 1, 2015 and will continue to accrue at $ 100 per day until compliance is achieved. CE13060086: The Special Magistrate found the property in violation and ordered a compliance tate of October 1, 2014. The property owner did not gain timely compliance by the deadline ordered by the Special Magistrate and fines began to accrue on October 2, 2014. The County's lien was recorded on October 9, 2014. The code case remains open for continuing non-compliance and failure to pay outstanding fines and costs. ME= • The property owner does not own additional real property; • No efforts toward compliance have been made to date; • The public records of Monroe County indicate a pending foreclosure action by the mortgagee. Under the policy adopted in Resolution 057-2014 the available legal options with respect to the County's County's lien are: 1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and writ of execution; other property owned by the property owner; and/or 3. Reduce the amount of the fines. County staff recommends initiating litigation (Option 1) against the property owner for injunction, foreclosure, money judgment, and writ of execution. PREVIOUS RELEVANT BOCC ACTION: N/A W411104 STAFF RECOMMENDATIONS: Authorization to initiate litigation against the property owner for injunction, foreclosure, money judgment and writ of execution. - ----------- -------------------------------------- TOTAL COST: Appx, $2500.00 INDIRECT COST BUDGETED: DIFFERENTIAL OF LOCAL REFERENCE. ...... .. . .............. COST TO COUNTY: SOURCEOFFUNDS: 148-50001-530319 REVENUE PRODUCIAG: Tes — Ao — APPROVED BY: County Atty 51or-OMB/Purchasing Risk Management DISPOSITION: - -------------- I ------------------- - AGENDA ITEM # County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 m..,u .. rv. ,,,,,,.. n., m- .;r.mm „m ........ u .,.,.,_„ . ......, -. --- NOTICE OF VIOLATION/NOTICE OF HEARING To: MARTINEZ JOSE JR 655 COLSON DR KEY LARGO, FL 33037 Location: 655 COLSON DR, KEY LARGO, FL 33037 Re Number: 00549900000000 DEAR PROPERTY OWNER, Case Number: CE13100141 You are hereby notified that an investigation of the above property was initiated on 12/18/2013 and subsequently found the following violation(s) of the Monroe County Code: 20-78.(a) - MANDATORY CONNECTION/SEWER FAILURE TO MAKE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A SEWER LATERAL CONNECTION PERMIT. CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN AN ABANDONMENT PERMIT. ALL PERMITS AND CONNECTIONS WILL REQUIRE PASSING FINAL INSPECTIONS FROM ALL APPROPRIATE AGENCIES. ( ""PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 06/26/2014 at 9:00 AM at the Monroe County Government Regional rater, 2798 Overseas Hwy., Marathon, Florida. (� You can avoid attending the hearing if all violation(s) noted above are corrected by 06/25/2014 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. ( ) The Code Inspector has reason to believe violation(s) or the condition causing tl presents a serious threat to the public health, safety, and welfare or is irreparable or %%o 111110 nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the violation(s) have been corrected prior to the hearing. ( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the repeat violation(s) have been corrected prior to the hearing. If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear in person and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing: You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appro fate' location: . u SCHOENROCK, TRACI Code Inspector N Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292-4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above n med addressee(s) by Certified Mail, Return Receipt Request No.: 7006 2150 0001 4772 0312 on Code Compliance DepanliInt IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". N 011,0 1111 MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE I,,,- I ool V L- GOOD SERVICE: NO SERVICE: FAIJ AMMIMZMEMEMSEMS-271.2mr. =1 177777= 1111 CoMflod Fee F111M Fee Pownwk 3 (Endomvile Q=vd) Hem' .................. FW51ftled DW nlllnrnement =.d; Xl. ............................................ IE q 1111.9 101W IN MARTINEZ JOSE IR .J13 W°°F 655 COLSON DR KEY LARGO, FL 33037 CE13100141/NOV/TS soh 21111 wiv, SEIPP,", CE13100141 -Jose Martinez Jr 655 Colson Dr., Key Largo 6-11-14 Inspector Schoenrock Case Number: CE13100141 ........... cl, Monroe County Code Compliance, declare under penalty of ,kerjury, that I posted the property owned by: MARTINEZ JOSE JR , described as 655 COLSON DR, KEY LARGO, FL 33037 having the property RE#: 00549900000000 with the Notice of Viol ation/Notice of Hearing for this case with a Hearing Date of 06/26/2014 . SUBJECT PROPERTY STATED ABOVE Date: It)I Time: Time: Date: Time: Plantation Key qourthopse — 88820 Overseas Highway, Tavernier, Florida Date: 0 Time: Signat o�,R,19.anld subomibedtWim m this day of. 201 L Notary Public -State of Florida My Comm. ExPi res Sep 13, 2017 FI commissian ir` 025981 'V Bonded Through NalWD Notary Public, State of 1, Mallory Jones , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above -mentioned Notice via First Class Mail to: MARTINEZ JOSE JR, 655 COLSON DR, KEY LARGO, FL 33037 Signature: J�dhkSworn to and subscribed before me this day of 21 Notary Public, State of Aorida County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 . .,,,., mr mm ,;,; mmm.m.mm,,......,,. NOTICE OF VIOLATION/NOTICE OF HEARING To: LAW OFFICES OF DAVID J STERN, PA CIO ADAM F GEORGE 900 S PINE ISLAND RD STE 400 PLANTATION, FL 33324 Re: MARTINEZ JOSE JR Re Number: 00549900000000 Location: 655 COLSON DR ,KEY LARGO, FL 33037 DEAR PROPERTY OWNER, Case Number: CE1310014I You are hereby notified that an investigation of the above property was initiated on 12/18/2013 and subsequently found the following violation(s) of Monroe County Code: 20-78.(a) - MANDATORY CONNECTION/SEWER FAILURE TO MAKE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A SEWER LATERAL CONNECTION PERMIT. CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN AN ABANDONMENT PERMIT. ALL PERMITS AND CONNECTIONS WILL REQUIRE PASSING FINAL INSPECTIONS FROM ALL APPROPRIATE AGENCIES. {, PLEASE TAKE NOTICE that a Public Hearing Magistrate in the above case on 06/26/2014 at 9:00 AM Regional Center, 2798 Overseas Hwy., Marathon, Florida. �Mu will be conducted by the Special at the Monroe County Government (,"y You can avoid attending the hearing if all violation(s) noted above are corrected by 06/25/2014 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. ( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s) presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the violation(s) have been corrected prior to the hearing. ( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the repeat violation(s) have been corrected prior to the hearing. If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear in person and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing: You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at Ieast five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: � ry SCHOENROCK, TRACI Code Inspector 2 CROP,. 0 Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292-4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the abo�Mt addressee(s) by Certified Mail, Return Receipt Request No.: 7006 2150 0001 4772 0473 on Code Compliance Depa ent IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". K REGISTERED MAIL RECEIPTS Complaint Number: CE I toH 1 �rn 101 C13 I Elm M, 03 P213117141 '11131112 IIIIIIIIIIIIII�� II irl ru -0 F F C i A L U 15/31 E r%- r%- cavoRad Fee Pao C3IIWamno Q::::Ao . ......................................................................................................................... ..... . tMalk C3 [smiummenI 11=yw) I'lers C3 RaslftlmW DO" p:: :: red) M (E,0M 'jndvx1"'*M W: gqun Ln rq "r(",A a!i nj LAW OFFICES OF DAVID I STERN, PA _n �51"Pr-b C/O AD AM F GEORGE M 900 S PINE ISLAND RD STE 400 E-3 i5e ' PLANTATION, FL 33324 CE13100141/NOV/TS VW, hu 11 H I C3 10 flu H ,Ln C3 EM C.1 13 FA ry WU IC3 w an 9�- C) CL I" Z '> 0 Ln n 'z -,,- z 0 W 0 WakffffilEf � MA 655 Colson Dr., Key Lar�gd"" ...... . . 5-14-14 Inspector Schoenrock r r r PROPERTY ON CASE RE 00549900000000 Owner Property Address 655 t::On..S01114 Owner Address City/State/Zip KEY LARGO FL 33037 City/State/Zip KEY LARGO WASTEWATER TREATMENT DISTRICT HAS ATTEMPTED TO NOTIFY PROPERTY OWNERS OF THE AVAILABILITY TO CONNECT TO THE CENTRAL SEWER SYSTEM FOR THE PAST SEVERAL YEARS. THIS PROPERTY HAS NOW BEEN REFERRED TO MONROE COUNTY CODE COMPLIANCE FOR THE ENFORCEMENT OF THAT CONNECTION AS IT IS A REQUIRMENT OF FLORIDA STATE AND MONROE COUNTY LOCAL LAW. FLORIDA STATUTE § 381.00655: REQUIRES THAT YOU CONNECT TO AN AVAILABLE CENTRAL SEWER SYSTEM WITHIN 365 DAYS OF WRITTEN NOTICE THAT SERVICE IS AVAILABLE TO YOUR PROPERTY. MONROE COUNTY CODE § 20-78.{a} REQUIRES THAT YOU CONNECT WITHIN 30 DAYS OF NOTIFICATION. THE SAME STATUTE ALLOWS THE COUNTY TO ENACT ITS OWN LAWS FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY. N U UII ' wrrl.,,."u 0 °gar �, r ,� Y �,. C� t ��Pw U ��!, �;�P �,f �,,�„ �l �� �! %�„ Pf � "� U�, i , 1 1 ., ".fir , ui ,��'40 . 4 �' �''r��.l ails ��0,,1� J �, ; "(Yip I� �, .�� ,,, �� ,�� J'�" wP �, . ,Y ,,,,, 'o, 1r�Ar,�u Ge , �� „7i k-1 i� � G,"1 i, !�1 , u" / �.:'„,') .(`; u����ayy pp U, �0 ;1,G'r i� ��„���Gr V ��, Yf �,. , I �V L ! 1'F II V LACK OF COMPLIANCE WITH THE TIMELINES ESTABLISHED DURING THE HEARING MAY RESULT IN A DAILY FINE OF $100.00/DAY TO ACCRUE ON THE PROPERTY UNTIL COMPLIANCE IS ACHIEVED. THIS WILL RESULT IN A LIEN BEING PLACED ON YOUR PROPERTY FOR FAILURE TO MAKE THE MANDATORY CONNECTION TO THE CENTRAL SEWER SYSTEM. " r"'I i� .o � IIII H„ � / II IIII IIII 77�� IIII II p i P� J�JL �i„ �,�G L_/Jl � 0 Kay FL 33W P= GPM= 8= 49t MY LAP= FLORMA 330W PROM (300 M-4019 F" (3" 4WAW COURTESY NOTIFICATION RJL,4L,Uty,-t -W LjL-L-V-j—jZ,-1L-LXfj#-1j ECTION TO CENTRAL WASTEWATER SYSTEM Ell= This letter is to remind you that a 30 day Mandatory Connection Notice will be sent to you in August, 2010. If you have not connected before the manecti ndatory conon date, you will still be charged for wastewater service to your property. As you proceed to install your lateral connection to the central wastewater system, please remember that you must obtain an Approval to Proceed letter from the District, a Health Department Permit, and a County Building Dcpartment Permit before beginning construction. It -is also your responsibty to property abandon your current onsite sewage treatment and disposal system after the District begins to receive and treat your sewage. The abandonment must be coordinated with the Health Department, which will assist you with completing your permit, before you permanently connect your house to the system you must contact the District office at 305-451-4019 so that we may open your valve and begin to receive sewage from your property. If you are a condominium owner, this notice may not apply to you. Please contact your Association management for additional information. Fhalb- & roc&hbum Charles F. Fishburn General Manager ob s ci d amd C3 M m m g'V m hl 13 in M3 E C3 r3 C:3 CD C3, C3 r-9 M r- a E = i oo z ul IL •T211�-Ii:-ICZZA O'A ij:i A "ILALZ -2:12A 0-4LZre-r PRO"Ra"431-4019 "'011111,1 11, tire W70 . . . . . . . . . . WWW.KLWTD.COM AK: 1673382 Martinez Jose Jr IZ55 Colson Dr Key Largo FL 33037 M- =#31 If your property is vacant or has been combined with another piece of property, please notify us at 30 451-4019 or email us at carolwO-klwtd.com. I Our records show that you have not connected to the Key Largo Wastewater Treatment District System, .,You have been given an extension and that has run out. If you feel that you need more time please ntact the KLWTD Office. If we do not hear from you in two weeks from the date of this letter your property will be referred to Monroe County Code Compliance for action. If you have completed the connection process, please contact this office and give us the prope Alternate Key Number (AK) which is located at the top of this letter. 1 Monroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low income owners. The grant will pay for the connection. The application is available on our Website (KLWTD.com) and at the office (98880 Overseas Hwy, Key Largo). If you have extenuating circumstances, please contact the office. The contact is Carol Walker Clerk at 305-451-4019 Ext 205, email is carolw@klwtd.com. mrl=— 17 ru iLn a ............ pco"'�njppeq Ln C��,frhrcd F'oD C3 Mafirin OUncalp)' Fee c3U: . ... . ...... . .... . . ....................... cm cm Co r- mf `""1673382 ru �Zzr,,Martinez Jose Jr C3 55 Colson Dr (ey Largo FL 33037 KLrj( LARGO WpSTEWATER TREATMENT DISTRICT 868M, OVERSEAS HWYt KEY LARGOo FL 33037 POW OFFICE BOX 491'1-) KLEY LARGCN FLORMA 3W37 PHONE am 451-4019 FAX 00% 453%W07 oil Aj WWW KLWTD COM AK41673382 Martinez Jose Jr 655 Colson Dr Key Largo, Fl 33037 rlrt = � � If your property is vacant or has been comUned with another piece of propertyplease notify us at 305- 451-4019 or email us at c2ir,..(2j1w, �k� d,cx,):rn. A11,11,11,1ill Our records show that you have not connected to the Key Largo Wastewater Treatment District System You have (30) thirty days from the date of this letter to connect or your property wi4 be referred to Monr County Code Compliance for action. If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (AK) which is located at the top of this letter, Monroe County has a Community Development Block Grant (CDBG) ava'4able for qualified middle-to-lo income owners. The grant wiV pay for the connection,, The a l pplication is amilable on our Wesbite (KLWTD,com) and at the office (98880 Overseas Hwy, Key Largo) I If you have extenuating circumstances, please contact the office, The contact is Carol Walker, Distri Clerk at 305-451-4019 Ext 205, email is carolwPkk,� i Sincerely, M. RECEIPT r%- r- 0CERTI�IE©MAILt�, {Dome MM MM 'Queraft Inlormatlnn visit ru OFFICIAL USE COFMW Fm G) 0 Poshnark Hem (A) -J K) C3 rq T;673382 C3 mMarfinez Jose Jr C3 r- 7-455 Colson Dr C*-ey Largo, F1 33037 I FEW: V s o VISION! KEY LARGO WASTRWATM TMATWtWNr UMTMCr 9UM 10VOMAS MWI, KRY UUkGC�. WrL=QW Poer OFF= Box 49t ; my LARQQ� FLORMA 33"7 4=a"7 D a ..... . .... . ........... rber27,2012 W.KLVVTD,Com AR: 1673382 MARTINEZ JOSE JR S55 Colson Dr Key Largo Fl Fl 33037 It your property is vacant or has been combined with another piece of property, please notify us at 305- 451-4019 or email us at carolw(a)klwtd.co . Please be advised that if you have not started connection to the central wastewater collection system within 30 days of this letter, you will be processed to be turned over the Monroe County Code Compliance - The District will not be able to reverse any enforcement process once it is set into place. You can avoid this time-consuming and costly process by completing the connection. Please notify this office when you start. If you have completed the connection process, please contact this office and give us the propertil Alternate Key Number (AK) which is located at the top of this letter, E Monroe County has a Commun Develo men I! CS . i - ft, 11. Rq III, K- I Its R; I age I ZA01 I = If you have extenuating circumstances. please contact the office, The contact is Carol Walker, District Clerk at 305-451-4019 Ext 205, email is 2gfqLiq��, Sincerely, ..... ... ... . fry U.S. Postal Service", CERTIFIED MAIL,,, RECEIPT (Domestic MAil Only,, No Insurance Coverage provided) For delivery inforr--7.1 1. C3 MARTINEZ JOSE JR 1w7— 655 Colson Dr A MWN& ldbIIrgo FI 33037 Basin C-3 d* J M # 0000004841, KW - WAURVOCTER TREATMEW CaTRICr SGMQVMRSMAS HN"" MY LAR� FL PC= CWRCZ S= 491h KW UMM FLORMA As & PHK*M(30%qNvqp F" (305) if BLWiHY VW.KLW-FD.NET [Na"FRINJIM"ROUT 1121,10:1 The Key Largo Wastewater Treatment District will soon be sending you a 30-day notice to connect. On the day you receive the notice you may make your final connection to the sewer by calling your licensed plumber to connect if you have contracted the job out, or, if you are working on a homeowner's permit, by calling the District (305) 451- 4019. Whether or not you connect within the 30-day time limit provided in the notice, you will begin to be billed for sewer service as part of your water bill after the 30 days have elapsed. If you live in a condominium, your condo association will take care of the connection, and you do not nee� to take any other action on your own. The Key Largo Wastewater Treatment District will try to make the connection process as simple for you as possible, but remember there will be many others trying to do the connection work at the same time, so please be patient. We have written materials explaining the connection process, and we will be glad to assist you in completing needed paperwork. Please call or stop by the District office. If you have questions, or if you think this reminder does not apply to you, please call the District office. /11/§ ""gol 01'012eii Td" HALL MEE'Tri b JANUARY 30,2007 AT 5:30 PM Key Largo Library, in the Tradewinds Shopping Center for the PROPERTY OWNERS OF Lake Surprise, Lake Surprise 11, Largo Hi -Lands, Sexton Cove, Ocean Isles Estates The property owners and residents in the subdivisions listed above and all other interested citizens are invited to a Town Hall Meeting for information on the upcoming sewer project in their neighborhoods. The Key Largo Wastewater Treatment Board of Commissioners and Staff will be represented at the meeting. 'd There will be a presentation explaining how the area will be divided up for construction. What will be expected of the contractors and what will be expected of the residents. Specific topics to be covered include: presentations of scheduling, specifications of installation for homeowners and contractors, an explanation of the assessment process. An open forum to answer questions will follow. Handouts will be provided to the attendees. If you are planning on attending the meeting please call the District office at 305-453-5804 to let them know to better enable them to have enough of the handouts for all attendees. We are looking forward to seeing everyone at the meeting. If you are unable to attend the meeting please log onto our website www.ldwtd.com) for the information that was covered at the meeting. M-17-W rIT17TIMAIM1 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM ASSESSMENTS Notice is hereby given that the Key Largo Wastewater Treatment District Board of Conunissioners will conduct a public hearing to consider imposition of non -ad valorem NOTICE OF PUBLIC HEARING REGARDING ADMENDMENTS TO THE DISTRICT NON -AD VALOREM ASSESSMENT RESOLUTIONS The Board will conduct a public hearing at 4:00 PM, or as soon thereafter as the matter can be heard, on September 21, 2010, at the District Office located at 98880 Overseas Hwy, Key Largo, FL to consider amendments to the District non -ad valorem assessment resolution, the District General Rules and Regulations, the District resolution provg for monthly rates and charges for wastewater collection, transmission, treatment, and disposal, as shown in the attached draft resolutions, and such other issues as may come to the attention of the District. If you have any questions, please contact the District Clerk at 305-451-4019 ext 205, Monday through Friday between 8:00 a.m. and 5:00 pm. uy�=L,pp wAsnwAirERTmAT0ig1,/C smu PW OFFICE OU 491z, KEYLARMFLORHAMW? PHONE (305) 4$3-SM FAX, (34S) 4S3-M? 0 �7, WWW. LWTD.COM To Whom It May Concern: All lots on the Island of Key Largo vacant or occupied will be assessed for tki sewer. Connection to the Sewer is mandatory under Florida Law, Monroe County Ordinance, and District Policy. Prior to connection, the District will send you a "One -Year Notice, stating that you will be required to connect in about a year. The District will send you a "Thirty -Day Notice" at least 30 days before you are required to connect. Wastewater charges will commence on the date specified in the Thirty -Day Notice whether or not you have connected to the system. ",.,The District assesses all tax parcels within the assessment area. It is up to the tax parcel owner to n 101 b equest removal from the assessment roll. The District will remove a tax parcel from the assessment roll if the owner shows that the tax parcel has not been improved and cannot be developed with facilities that will generate sewage. You can make this showing by demonstrating that the property is marsh, wetland, submerged land, or nature conservatory. You may be required to provide a letter from the Monroe County Planning Department stating that the parcel cannot be developed. If you believe that your property should not be assessed because it cannot be developed, please contact the District, which will help you understand the types of documentation that will be accepted. VACANT PROPERTY BESIDE YOUR PROPERTY RECEIVING SERVICE If you have vacant land that is adjacent to your property that will be receiving service and you have chosen to treat the parcels as a single parcel, even if you have not combined the parcels for property tax purposes, you may file an application to have the District treat the parcels as a single parcel for assessment purposes, meaning that you will be assessed for only one of the parcels. There is a fee for this application. If you later choose to have the District provide service to the vacant parcel the District is advising the undersigned that, if they or their successors desire to have wastewater service provided to any of the Excluded Parcels the cost to the District, and the cost to the undersigned persons or their successors, of providing the service will be significantly greater than the costs of providing service at this time; We encourage you to contact the District for assistance with your assessment qu EM V Enclosed you will find a magnet that has the Key Largo Wastewater Treatment Dismict's phone number on it and what to do in case of a sewer emergency. Please place near your phone in case you have a problem vilL the sewer. JALN� w L�Aavm A" of your property you need to coartect to the sewer and decommission your septic system. SEPTIC TANK permit and inspection are required prior to final approval. Permit applicatiot'i forms are ava'Aable on the web at � �.�,wwwjn flo�ndaeh coii�i�'ostds��forni,for�mmeiiio�.litm� or at the Environmental Heahh DfflCCS on the second floor of the rvlurray NelsonCenter. The permit fee is $9500. The Building Department will not close out ycitir county permit without proof'of a health department inspection of your abandoned septic tank. MANDATORY CONNECTION We want to take this opportunity to remind you that connection to the central sewer sysem is not optional, IT IS MANDATORY - In 1999, the Legislature adopted chapter 99-395, Laws of Florida, which gave Monroe'County the authority to require connection to central wastewater systems. The Florida Supreme Court upheld the validity of ch. 99-395 in Schrader v. Florida Keys Aqueduct Authority, 840 So2d 1050 (Fla. 2003.) in 2000, Monroe County adopted an ordinance emercising its authority to require connection to the central sewer system 30 days after the property owner receives notification from the District that the central sewer system is available. If you do not connect after notification, we will work with you to encourage connection, but if you refuse to connect, we will rum the matter over to Monroe County Code Compliance, which will obtain a coYvt order requiring connection and imposing fines for failure to connect. 2015 EXTENSION NOT APPLICABLE Last year, the Legislature enacted chapter 2010-205, Laws of Florida. That law extended the time within which local governments are required to provide central sewer until December 31, 2015, However, THE LAW DID NOT EXTEND THE TIME FOR YOU TO CONNECT TO CENTRAL SEWER. You are required to connect within 30 diys after you receive notice that the central sewer system is available for your connection. Code Compliance will not take you to court to ou may find yourself in a costly and time-consuming legal battle. 0 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Monroe County has made available CDBG grants for low to middle income persons ivho need assistance in putting in the lateral connection (connection fi-cm house to street), Applications are available at the District Office, 98880 Overseas Hwy, Key Largo (middle of highway at IvEliel 98) and on the website Lv_wwklwtd-corn (go to Resources dhe:n rinaricial Assistance). KEY LARGO WASTEWATER TREATMENT DISTRICT BEFORE 01111lCOUNTY CODE COMPLIANCE SPECIAL MAGIS ��TE MONROE COUNTY, FLORIDA OROE COUNTY FLORIDA, Petitioner, M .. . , ,:.. II r i Respondent(s). DoI 2000805 10/09/2117114 10 : 2421 Filed & Recorded in Offic al Records a MO0 Y AMY HEQVILIN Case No. CE,,, . ,,,,.,.., Subject Property Real Estate Number. F�. Having fully considered the evidence presented . hearing, *luding testimony A the F1: Compliance Inspector(s) and/or I 1' M.I the following I I s 1 Fact and Conclusions of Law are t 4. f' The Respondent(s) and/or Authorized Representative gsent andjf�@�? contest the violation(s) set forth In the Notice of ViolationiNotioe of Hearing which is Incorporated herein as if fully set forth. R' f, 4: .. the / property located withinMonroe 1 .. y and wastwere duly noticed of the hearing. Respondent(s)ViolationA the MonroeCoonty of'fullyforth Notice of Violation/Notice I Hearing served upon The violatlon(s)Is found to be Irreparable or irrevers�ble and a one-time fine of $ is ORDERED, payable within ---------- � days of this Order pursuant to Section 162,07(2)1 of Florida Statutes all �.. fi ,fi io !� F.� ;i ,. m E r. �i F i. �'Y I I f. « compliance. Costs will continue to accrue until compliance :i and the case is closed. (W4 The lF d' comply I.'i the CoI referred to, In the Notice of Violation/Notice 1 Hearing on 4.' before COPPLIANCE N in i event the e or r corrected on THE CE DATE PREVIOUSLY ORDERED or on f DATE SET FORTH doger amount♦i Respondent(s) with the cost of repairs "i by the costs prosecution incurredby the County C�' �M„I,'" „�'7 ik,.,# ,M ) r �✓ ��� n ,.'s 1 ,i'.�,I -f .,,5 M 4 rd ,r I, 1;,V o b/. .G,'.9. 571 fr' -< M;� ��� + �� �,�� � � r ,�� r ,f r, r, .,, ,o,o� d'�' ,.i o.. � 7 ', o,,,w, -, „� +-, tii , o' �r :• 'y 'd, Monroe County Code Comptiance within thirty (30) days of this Order. . , n , w '1 r o „ o THE UPPER KEYS: (302 2L9.2010 FOR THE MIDDLE7 FOR THE LOWER D" i;� of U Tan LaMrigham, Special Magistrate Page 1 of 2 PF CASE NUMBER: CE13100141 Respondent(s)mailing address of 1 i with the Monroe County Property Appraiser's 1.134 U ,. ! y'. ' ! 655 COLSOND# KEY LARGO, FL 33037 1M 1 11 1 1' �. �. � it • foregoingRespondent(s) shall have 30 days from the date of the to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AG GRIEVED D PARTY, ! !! ♦ HAVE APPELLATE i RIGHTS REGARD • D ORDER PURSUANT O SECTION 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. r ! � I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first class U S. mail to Respondent(s) address of record with the Monroe County Property A6 aiser's Office as referenced above and/or Authorized Representative on this day of 2Q, 141jr`04:11-0 W, Nicole M. Petrick, Liaison ! I • Adam / g 900 S Pine Island #i STE 40 Plantation, 33324 County of Monroe Growth Management r. 1 Overseas s, - Heather Carruthers, Dist. 3 uv:' Rice, Dist. George The purpose t inform you thatMonroe oe County, Florida has imposed a lien againstpropea lien ,.. as a result of the above referenced code compliance action. A copy is enclosed for your convenience. This lien !„ property at -',.subject4 Acompliance ';; n upon n n1' personal property I Additionally, our records indicate that the violations remain on your property. Because your property is not in compliance the fines continue to run in the amount of $100.00 per day until the property comes into compliance, * daily fine o $100.00 per day has currently accrued for for a current total$ 8 0 Additionally pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special Magistrate for 1 "` Compliance,County d to recover all costs, prosecuting e case and those costs are included in the lien authorized under . F. S.162.09(3). To date, these costs are $172.38 and costs will continue to accrue until the violations are o, ' d and the case is closed. until compliance achieved andTyr d.. F�-ailure to bring yourproperty 1, 1l.n days will result in , referral to the Monroe " Attorney's Office for further action. Respectfully yours, �_.A . Traci Schoenrock Code Compliance Inspector 30-292-4498 Countyof Monroe ! �.. ! Code Comofiance_Departtnent 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 2 89-28 10 FAX: (305) 289-2536 Board of County Commissioners Mayor Danny L. Kolhage, Dist.I Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 rhe purpose of this letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property .resultofthe abovereferencedcode actions. lien is ..lienon theproperty ffie subject of the code compliance action and upon any and all other real and/or personal property you own. on Marcyr 26, 2015. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint 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: 553 College Road, Suite 24 Key West, FL 3300 (305) 292-495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 If this case involves a Sewer Connection, and you have achieved compliance, please contact Inspector Traci Schoenrock at (305)2924498. Additionally, pursuant to F.S. §162.07(2), the County is entitled to recover all costs incurred in prosecuting tM case and those costs are included in the lien authorized under F.S. § 162.09(3). These costs will continue to ace until the violations / 1andthe case is closed. Kathleen Windsor r. Code Compliance Research Analyst w�k�"iin sour..Inadlillleen , ro onorc�couui�t� -IV ......, 305-289-256 -"AW-M. ACITIU-0 JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA Petitioner, VS. CASE NO.: CE13100141 JOSE MARTINEZ JR, Respondent(s). —11WO-9 VA A 0101n��31 ".91 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 10/09/14, Book 2706, Page 1868 on the property that was the subject of the code compliance action described as: 655 COLSON DR KEY LARGO, FL 33037 , Monroe County, RE # 00549900000000 , and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of February 10, 2015 is $13,414.26 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on March 26, 2015 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, Fl, 33050. -4t; Steven T. Wil-h-a"ins Assistant County Attorney 1111 12 1h Street Suite 408 Key West, Florida 33040 (305) 292-3470 Fla. Bar No.. 0740 101 1W I hereby certify that on this 1A day of.- -)0t2 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. -mmto 655 COLSON DR KEY LARGO, FL 33037. Code proceeding, please contact "FILM no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". 2 m w a ri n H ® VY ® rT. DJ J N > . 4A; -fir, `r W r- r X ... tq m < x ® y Vi oj y FJ Q m �C? mml ... 1' crj � Q2- LI) Wes► d`:.® �� �.� ®1 ��mmnm, umuwm�� mmam�m�muumm� �Public Notice �mllim �m�ml �a�� mom¢ /ue v��ti MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING d Case Number: CE13100141 I k Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: MARTINEZ JOSE JR, described as 655 COLSON DR, KEY LARGO, FL 33037, having the property RE#: 00549900000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 06/26/2014. THIS "NOTICE WAS POSTED AT: °� u SUBJECT APR PERTY AS STATED ABOVE Date: ��� �' hl���� Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: 1� il, Plantation Key,Courthouse — 88820 Overseas Highway, Tavernier, Florida Pfir.. , Date: � �� � �'� Time: Sworn to and subscribed before me this . day of ature: Notary'Public, CEPETIFICATION OF MIMING: I, Monroe County Code Cz perjury, that I f_6d a lu kate copy of the above -mentioned Notice via JOSE JR, 655 COLSON DR, KEY LARGO, FL 33037. Sworn to and subscribed before me thisday of 'YXAP ,gym L4 GREEy il_j'aay Notary Public w state apt AidP4 Com"U10ft Born Sep a a.2011 FF 1471 _ First Class of wo �- to 0 Io M 0 M Im NC IL In xt ,-1 1p o wed wA�D Ln x U. ri 1 'D w �- N D w to _ a n. b on ;F- _ Ww ®_ dtn-- uj Tn H x UI ul q h. a LM m M M JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA I x to) No asmaill a a's a im "I I Petitioner, VS. JOSE MARTINEZ JR, Respondent(s). ORDER AUTHORIZING FORECLOSURE A Order Imposing Penalty was entered in this matter and was thereafter recorded as a lien. lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is here ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or mon judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this y �Ufl 20L,�, at the Marath Government Center, Marathon, Florida. Y .-Va, ... n—Laningham Special Magistrate CERTIFICATE OF ORDER I were prtify that thivis a true and correct copy of the above Order. Nicole M. Petrick, Lia—ison,—,—,------ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) v hand 1eliver4p / first class U.S. mail to Resc-.-ondent,�s-,T- address of record w/ the Monroe Count Prouce 11 . . . . . . - P - Appraiser's Office as referenced above and/or Authorized Representati q oday of IS . . . ......... n this A 20 RMS MIUTN74 M1 Property Search -- Monroe County Property Appraiser yi / r / I 1 1 1 1 Plantation -(305) 852- 7130 hip Detalls Mailing : MARTINEZ JOSE JR 655 COLSON DR KEY L 33037 PropertyIIIs PC Code: 1 -SINGLE P, I illy Group: 5 0 Affordable Housing: section- 14 1-39 Township -Range: rc 655 COLSON DR KEY LARGO Location: Subdivision: ILAKES Legal Description- BK 14 LT 11 TWIN LAKES R -160 KEY LARGO OR463-93 53-2 7 2-796 6 -6 OO/ 4- 421 6 -11 08Q1C ORI 9 63 OR 136 -36 1 1 70-1868 OR 1571 1 9 OR16 3- 36 R20 - 21 2277-2166 http:,(/www.mcpafl.org/PropSearch.aspx/1/ 015 Property Search -- Monroe Com Page 2 of 5 ap Image to open Interactive v 0 Q 0 %, eNIIIN .w ti ,� • P Land Details i_arud Use Code 01011) - RES ODIC<ll+iTKL, DRY Biullidlhirig Stimmary Number of Buildings: 1 Number of Commercial Buildings: 0 A 0 5,265.00 SF http://www.mcpafl.org/PropSearch.aspx5/1/2015 Property Search -- Monroe County Property Appraiser Page 3 of 5 Total Living Area: 1008 Year Built. 1986 Building I Details Building Type R1 Condition A Effective Age 24­ Perimeter 184 Year Built 1986 Special Arch 0 Functional Obs 0 Economic fibs. 0 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen. Roof Type GABLFJHIP as. over ASPHALT SHINGL Heat I NONE Heat 2 NONE Heat Src I NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 1 3 Fix at 0 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 0 Quality Grade '0 '0 Depreciation 0,4J.31, 1a FT. EPA 5 FT 224CO SOF 14rT 11 IF T. 55. 'A FT 0V T 5 FT 18 FT 1FT. r FT. 4FT 4 FT FLA OD492 FLA 3 F T" Pro VR IF T. SPX 18 FT SD492 12 14 4FT. 16 FT 155-53 ii FT W, FT OF Sections: Nbr Type ................ Ext Wall #Storles Year Built Attic A/C Basement 0 PTO 1 1986 1 FLA 5C B.S- 1 1986 N Y 0,00 2 EPA 5Z B.S. 1 1986 N y 0-00 3 FLA ....................... 5Z 13Z 1 1986 N Y 000 4 SBF ................ 1 1986 5 SPX 1 1986 Vacuum I Garbage Disposal 1, Compactor I Security I Intercom 1 Fireplaces I Dishwasher f RM Finished Basement % Area 12 0.00 504 0.00 224 000 504 55 155 h-ttp://www.mcpafl.org/PropSearch.aspx 5/1/2015 Property Search -- Monroe County Property Appraiser Nbr Type #.!�nits Length VAdth Yea. Built Roll Year Grade Life I CLZ�CH LINK FENCE sow SF 200 4 199 , 6 AC2MALL AIR COND I UT r 0 2000 2005M Value ImprovementYear 29 ------------ s ,233 ,;;:, 8 290,668 0 290,668 0; 2005 WAR) +" 0.004 10,004 99560,7761 i` 9 ' 4 ); 29,398 27.547 k http://www.mcpafl.org/PropSearch.aspx 5/t/2015 Property Search -- Monroe County Property Appraiser Page 5 of 5 - — -- — ---------------------------------------------- 1985 0 0 7,002 7,002 7,002 0 7,002 1984 0 0 7,002 7,002 7,002 0 7,002 1982 0 0 4,939 4,939 4,939 0 4,939 Parcel Sales History NOTE: Sales do riot generafly show up iIn our computer system untfl abOUHWO to ttwee months after the data of sale. lf a recent sale does not show i.,ip inthis lis,t, 1p�ease alk:mof more firne Irar the sale remmrd to The processed, Thank you for your patience and understariding Sale Date Official Records Bookfflag!_ Price Instrument Quallficat—lon 212312007 2277/2168 435p000 WD a 71612004 202212216 289,000 WD ..... . . ............................. 813112000 165312385 121,000 WD O11/1995 136610384 86,000 WD ............. a 71111985 953/227 --- — ----- — ----- 1 WD ................ . m . . ........ . ......... Monroe County Property Appraiser Scott P. Russell, CFA P,O, Box 1176 Key West, FL 33041 -11 http://www.mcpafl.org/PropSearch.aspx 5/1/2015