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Item O12BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Division: County Attomey Bulk Item: Yes X No Staff Contact Phone #: Steve Williams 305-289-2500 AGENDA ITEM WORDING: Authorization to initiate litigation against Allan Woodman and the property located at 819 Narragansett Lane, Key Largo, Florida, to seek compliance with the County code and enforce a lien arising from Code Compliance case number CE10090056. ITEM BACKGROUND: This property has been the subject of a Code Compliance case CE10090056 for failure to obtain permits, approvals and inspections for the installation of Central A/C and temperature control units in lower enclosure. Mr. Woodman entered into a Stipulation To Code Violation and For Time To Comply For First Time Offenses on October 15, 2010, agreeing with a compliance date of January 13, 2011. Subsequently, Mr. Woodman revoked the Stipulation Agreement, hired counsel and requested a continuance for the hearing. The continuance request was granted by the County and rescheduled for January 27, 2011. On March 31, 2011 a hearing was held and Mr. Woodman was represented by counsel. The Special Magistrate found the property in violation of 2 counts pertaining to the air conditioning units, imposed a compliance date of May 11, 2011 and reserved on fines. Compliance was not achieved by May 11, 2011, therefore a review hearing was held on November 17, 2011 and no one attended on behalf of the property owner. The Special Magistrate imposed a compliance date of December 5, 2011 for the charges of MC Section 110-140(1) and MCC 6-27(b)(2)h and imposed daily fines of $100.00 and $250.00 respectively if compliance was not achieved by that date. Compliance was not achieved and the daily fine(s) began accruing on December 6, 2011. On November 5 2012 the Final Order was recorded as a lien on behalf of the County. The County presented a Motion to proceed with collection actions at the April 30, 2015 Special Magistrate Hearing and the motion was granted. As of May 5, 2015, no permit applications for corrections have been submitted, therefore the violations remain. As of May 5, 2015, the total amount of the lien is $436,926.05 (the daily fines of $350.00 have accrued for 1246 days for a total fine amount of $436,100.00, costs to date are $826.05), and the costs and fines will continue to accrue until compliance is achieved and the lien is paid. . • The property is not homesteaded; • 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 lien are: 1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and writ of execution; 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. County staff has exhausted all other mechanisms available to persuade the property owner to achieve compliance. 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 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Authorization to initiate litigation against the property owner for injunction, foreclosure, money judgment and writ of execution. TOTAL COST: Acrox. $2500.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL REFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148-50001-530318 REVENUE PRODUCING: Yes No — APPROVED BY: County Atty�r �' + OMBMurchwing DOCUMENTATION: Included X Not Required AMOUNT PER MONTH Year Risk Management DISPOSITION: AGENDA ITEM # Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 County of Monroe Growth Management Division Board of County Commissioners Mayor Danny L. Kolhage, Dist.1 Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia I Murphy, Dist. 5 We strive to be caring, professional, and fair. MEMORANDUM TO: Steve Williams, Assistant County Attorney FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst DATE: May 5, 2015 SUBJECT: Recommendation to County Attorney's Office for further action: 819 Narragansett Ln Key Largo. SUNEHARY: As a result of the Special Magistrate Final Order for code compliance case CE10090056, daily fines in the amount of $350.00 per day have accrued for approximately 1246 days for a total of $436,100.00 and continue to accrue. All attempts to gain voluntary compliance from the property owner have failed. The subject property, owned by Allan Woodman, remains in violation of Monroe County Code. CASE CE10090056 BACKGROUND: As a result of an observation, code case CE10090056 was initiated for the installation of Central A/C and temperature control units in lower enclosure without permits, approvals, and inspections and an abandoned vehicle stored on the property. A referral was made to the Building Official and as a result, the lack of permits were deemed Unsafe and Notice of Violation/Notice of Hearing was mailed certified mail on September 23, 2010 to the property owner to achieve compliance by October 13, 2010, or appear at the Special Magistrate Hearing on October 28, 2010. The mail item was signed for on October 14, 2010. Mr. Woodman entered into a Stipulation To Code Violation and For Time To Comply For First Time Offenses on October 15, 2010, agreeing with a compliance date of January 13, 2011. Subsequently, Mr. Woodman revoked the Stipulation Agreement, hired counsel and requested a continuance for the hearing. The continuance request was granted by the County and rescheduled for January 27, 2011. On January 14, 2011 another continuance request was granted by the County and the hearing was rescheduled for March 31, 2011. The hearing was held and Mr. Woodman was represented by counsel. The Special Magistrate found the property in violation of 2 counts pertaining to the air conditioning units, imposed a compliance date of May 11, 2011 and reserved on fines. Compliance was not achieved by May 11, 2011, therefore a review hearing was scheduled for September 29, 2011 and reminder notice and email was sent to counsel. The County received a continuance request and the request was granted by the County and the hearing was rescheduled for November 17, 2011 and a reminder notice and email was sent to counsel. The hearing was held On November 17, 2011 and no one attended on behalf of the property owner. The Special Magistrate imposed a compliance date of December 5, 2011 for the charges of MC Section 110-140(1) and MCC 6-27(b)(2)h and imposed daily fines of $100.00 and $250.00 respectively if compliance was not achieved by that date. Compliance was not achieved and the daily fines) began accruing on December 6, 2011. On November 5 2012 the Final Order was recorded as a lien on behalf of the County. Subsequent inspections revealed no attempts for compliance, therefore the County prepared a Motion to Authorize Collection proceeding and scheduled a hearing. The Hearing Notice was mailed via certified mail to the property owner on March 23, 2015 and posted at subject property and courthouse on April 16, 2015 for a Hearing to be held on April 30, 2015. Additionally the Hearing Notice was mailed first class mail to the property owner's address of record. No one appeared on behalf of the property owner, and the Special Magistrate issued an Order Authorizing Foreclosure. A copy of the Order Authorizing Foreclosure mailed to the property owner's address of record on May 4, 2015. As of May 5, 2015, no permit applications for corrections have been submitted, therefore the violation remains. The County has exhausted all other mechanisms available to persuade the property owner to achieve compliance. As of May 5, 2015, the total amount of the lien is $436,926.05 (the daily fines of $250.00 have accrued for 1246 days for a total fine amount of $436,100.00, costs to date are $826.05), and the costs and fines will continue to accrue until compliance is achieved and the lien is paid. STAFF RECOMMENDATIONS: Proceed to Monroe County BOCC asking for approval to proceed with litigation to compel the property owner, Allan Woodman, to comply with various county ordinances and correct the code violations of Code Compliance Case CE10090056. Attachments: Code Case Detail Photos Unsafe Declaration Notice of Violation/Notice of Hearing Signed Registered Mail Receipt Executed Stipulation To Code Violation and For Time To Comply For First Time Offenses Revoked Stipulation To Code Violation and For Time To Comply For First Time Offenses Continuance Request Continuance Request approval Pre -hearing reinspection photos Final Order dated March 31, 2011 Reminder Notice for September 29, 2011 Hearing Continuance Request Continuance Request approval Reminder Notice for November 17, 2011 Hearing Final Order dated November 17, 2011 Notice of Motion to Proceed/Notice of Hearing Posting Affidavit and Photos Order Authorizing Foreclosure Property Detail - no A/C permits submitted Fine Screen Current Property Record Card Lien Process Resolution 057-2014 N CODE ENFORCEMENT DETAIL Case Number CE10090056 Tenant Case Date 09-13-2010 Add Info 7006 2760 0004 2252 3738 Origination - Status L - LIEN CREATED Operator cutiel Officer KW PROPERTY ON CASE RE 00468473018600 Owner WOODMAN ALLAN Property Address NARRAGANSETT LN-CROSS KEY 819 /W Owner Address P.O. BOX 373111 City/State/Zip KEY LARGO FL 33037 City/State/Zip KEY LARGO FL 33037 Phone CASE DESCRIPTION VIOLATION CODE(S) 1: 110-140.(1) -- BUILDING PERMIT REQ/CH 6 2: 122-4.(B)(1)D -- PERMIT CONDITIONS/FLOOD HAZARD 3: 17-2. (A) -- DO NOT USE 4: 6-27.(B)(2)H -- UNSAFE PERMITS INSPECTIONS C.0 NOTES 2010-09-14 08:54:54 OBSERVED A/C WINDOW UNIT AND CENTRAL A/C CONDENSER UNIT Mtn- //Ponvmnnrnarnnnfii_fl nnv/P(3nv1r)hic/rnrIP/r^AP Ail acnv9raca nn—('F1nnonncr, lq/lgMAlG Code Enforcement Detail Page 2 of 5 LACK OF CENTRAL A/C C-4246 FOR UTILITY ROOM (14-A24) - THIS ROOM HAS BEEN ENLARGED WITHOUT BENEFIT OF PERMIT 2010-09-22 15:37:29 MEETING WITH DIRECTOR/ENLARGEMENT WAS PRE 1986. THIS .......... .. ... 15 A NON-COMFORMING ISSUE. OWNER WILL BE RESPONSIBLE - ---------------- ..... - - - FOR THE UNPERMITTED AIR CONDITIONING AND THE ....... - TEMPERATURE CONTROL IN THE UTILITY ROOM. 2011-03-3017:11:14 ..... . .. . ..... THE VIOLATION CHARGE OF 17-2.(A) IS IN COMPLIANCE. OTHER CHARGES REMAIN. PERMIT CHECK SHOWS NO PERMITS APPLIED FOR. NOT IN COMPLIANCE 2011-06-08 11:23:14 CASE WENT TO COURT AND OWNER WAS FOUND IN VIOLATION FOR . . .. . . .......... . . . ... , 110-140(1) FOR NO PERMIT FOR UPSTAIRS CENTRAL A/C AND FOR 6-27(B)2H FOR UNSAFE. COMPLIANCE DATE OF MAY 11, .... . ... ............ 2011. 2011-06-08 11:23:52 NO PERMITS APPLIED FOR, CHARGES STILL EXIST. NOT IN COMPLIANCE 1-0-8-1015:28:52 NO PERMITS —APPLIED FOR. N'O'CONTACT -FROM OWNER.- E-M-AILED . . . . .. ...... .... . . .. ...... . . . . . . . . . . . . . GRANGER It PETRICK. 2011-11-16 16:45:13 OWNER TRIED TO APPLY FOR DEMOLITION PERMIT ON 11/1011, TO REMOVE THE CENTRAL A/C UPSTAIRS AND THE WINDOW UNIT DOWNSTAIRS. THE BUILDING DEPT. WOULD NOT ACCEPT THE APPLICATION UNTIL AN INSPECTION UPON SALE HAS BEEN COMPLETED. 2011-12-05 07:59:13 TODAY IS COMPLIANCE DAY AND NO PERMITS FOR 2012-03-1408:22:10 RESEARCH SHOWS NO PERMIT(S) APPLIED FOR THE CENTRAL UPSTAIRS AND THE WINDOW UNIT DOWNSTAIRS. SITE INSPECTION SHOWS THE WINDOW UNIT REMOVED W/O BENEFIT OF PERMIT. NON-COMPLIANCE PHOTOS TO NICOLE FOR S/M FILE. 2012-07-25 14:42:56 REINSPECTION PHOTO AND RESEARCH SHOWS -- NO PERMITS APPLIED FOR THE CENTRAL AIR CONDITIONING SYSTEM UPSTAIRS. THE A/C UNIT DOWNSTAIRS IS STILL REMOVED FROM THE DOWNSTAIRS. PHOTO TO NICOLE FOR S/M FILE INSPECTIONS/EVENTS DETAIL DATE TIME INSPECTION / EVENT TYPE 06-01-2015 15:07:32 REINSPECTION 05-20-2015 13:38:21 CASE HEARD BEFORE BOCC 05-05-2015 13:38:45 COMMENT CODE 05-04-2015 15:04:59 ACTION BY LIAISON 05-04-2015 15:04:35 ACTION BY LIAISON 04-30-2015 15:04:04 SM GRANTED MOTION TO PROCEED 04-30-2015 14:50:38 INSPECTORS HEARING NOTES 04-30-2015 09:25:58 SET FOR HEARING 04-20-2015 17:02:04 UNCLAIMED CERT MAIL ITEM 04-17-2015 10:40:10 SENT TO LIAISON 04-15-2015 14:46:36 COMMENT CODE _04-13 20151 6-:2417 ACTION BY - A- , 6 M -1 N, INSTRUCTIONS / COMMENTS SCHEDULED EMAILED COMPLETE AIS, MEMO AND SUPPORTING DOCUMENTS TO KATHY PETERS FOR BULK APPROVAL AT MAY 20, 2015 BOCC ORIGINAL FILE FILED BY MONTH OF LIEN COPY OF ORDER AUTHORIZING FORECLOSURE MAILED TO PO VIA 1ST CLASS US MAIL ON 05/04/15. SM ORDER AUTHORIZING FORECLOSURE NOTE: NO ONE PRESENT AT HEARING. SM GRANTED MOTION TO PROCEED WITH COLLECTIONS. NO ONE APPREARED FOR RESPONDENT. PER USPS.COM CERTIFIED NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDING SHOWS "UNCLAIMED" CERT#: 7013 1710 0000 2973 6300 CMARTIN 6kIdjkxL, FILE TO _L_IAISON.CMARTIN PROPERTY AND COURTHOUSE POSTED -PHOTOS TO KIN FOR FILE -LC PREPARING POSTING AND MAILING FOR NOTICE OF MOTION TO AUTORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDING 8t NOTICE OF HEARING TO PO VIA FIRST CLASS MAIL. POSTING httn:HeLyov,monmecountv-fl,p,nv/eCTnvPliiq/cncle./c.ndt-. dt1s-.ny?rnqp nn=CFII)n9i1(11sA 1;Pq/1)A1 1_% Code Enforcement Detail Page 3 of 5 03-23-2015 14:03:21 ACTION BY ADMIN 03-23-2015 10:33:15 COMMENT CODE 03-21-2015 16:24:51 MOTION BY COUNTY TO PROCEED 11-29-2012 11:46:20 COMMENT CODE 11-05-2012 13:56:36 ORDER SENT TO MCCO FOR REC 07-25-2012 11:39:37 REINSPECTION 06-25-2012 11:39:07 COMMENT CODE 03-07-2012 09:34:56 REINSPECTION 02-07-2012 15:53:25 COMMENT CODE 12-05-2011 16:15:01 REINSPECTION 11-17-2011 15:10:01 COMMENT CODE 11-17-2011 15:08:57 COMMENT CODE 11-17-2011 15:08:42 COMMENT CODE 11-17-2011 15:06:22 SM OR CEB ORDER 09-29-2011 13:04:31 CASE CONTINUED NO ACTION 09-27-2011 14:49:09 REMINDER NOTICE OF HRG SENT 09-27-2011 14:47:23 COMMENT CODE 08-23-2011 10:28:21 COMMENT CODE PACKAGE SENT TO KEY LARGO INSPECTOR TO POST. CMARTIN NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDING Ft NOTICE OF HEARING FOR 04/30/2015 HRG MAILED CERTIFIED TODAY. CERT #7013 1710 0000 2973 6300 PO: ALLAN WOODMAN PO BOX 373111, KEY LARGO, FL CMARTIN PASSED FILE TO CHERYL FOR CERT MAILING _. __..................._....- ..a_... PREPARED MOTION FOR SM APRIL 30, 2015 FOR SIGNATURE AND MAILING. ORIGINAL FILE FILED BY MONTH OF LIEN IN COUNTY ATTY'S OFFICE IN MARATHON (NOV. FINAL ORDER DATED 11/17/11 RECORDED WITH CLERK'S OFFICE ON 11 /05/12 PER COUNTY ATTY. DOC #1906093 BOOK 2597 PAGES 84-85 NO PERMIT FOR UPSTAIRS A/C APPLIED FOR . _... PER ATTY'S AID RE -INSPECTION SET FOR JULY. NO PERMITS APPLIED FOR -SEE NOTES 8 PHOTOS _ LIAISON MET WITHCOUNTYATTY Et AIDE. ORIGINAL FILE WITH LIAISON. LIEN NOT FILED TO DATE. NO PERMIT(S)APPLIED FOR/VIO'S STILL REMAIN LIAISON ALSO MAILED COPY SM ORDER IMPOSING FINES VIA 15T CLASS MAIL TO ATTY FOR LIS PENDENS (COPY OF NAME/ADDRESS IN FILE) ADDED FINE ON 6-27.(B)(2)H START DATE: 12/06/11 FINE AMT: 250.00 ADDED FINE ON 110-140.(1) START DATE: 12/06/11 FINE AMT: 100.00 �......_. ..rr......p. FINES IMPOSED FOR THE THE CHARGES OF 110-140. (1) IN THE AMOUNT OF $100.00 AND $250.00 FOR THE CHARGE OF 6-27. (B)(2)H PER COUNT PER DAY IF NOT COMPLIANT BY 12/15/11. NO REVIEW HEARING SET AT THIS TIME. CASE CONTINUED TO 11 /17/11. REMINDER NOTICE OF HEARING FOR 11/17/11 MAILED TO ATTY ANDREW TOBIN Et PO VIA 1ST CLASS MAIL BY LIAISON TODAY. LIAISON ALSO EMAILED COPY OF REMINDER NOTICE TO ATTY FOR LIS PENDENS (COPY OF NAME/EMAIL ADDRESS IN FILE) .... - OFFICIAL NOTICE OF APPEARENCE AS ATTORNY FILED BY ANDREW TOBIN REC'D FOR FILE AND REQUEST FOR CONTINUANCE FILED BY ATTY ANDREW TOBIN. THIS REQUEST WAS GRANTED BY THE COUNTY ATTORNEY VIA EMAIL TO LIASON TODAY. REMINDER NOTICE OF HEARING FOR 09/29/11 EMAILED TO ATTY ANDREW TOBIN Et MAILED VIA 1ST CLASS MAIL TO PO BY LIAISON TODAY. COUNTY ATTY ALSO INFORMED MR. TOBIN VIA EMAIL TODAY. (CASE STILL NOT IN COMPLIANCE) LIAISON ALSO MAILED COPY OF REMINDER httn•//evnv mnnrnPrnnnty-fl vnv/PC'nvPInc/rnria/rnria tit] sm%v9raca nn —(`P 1 nnQMSA VVIAI G Code Enforcement Detail Page 4 of 5 NOTICE TO ATTY FOR LIS PENDENS (COPY OF __-....._ .......... .���.. N.. �.� ._� NAME/ADDRESS IN FILE) 08-10 2011 15:29:01 REINSPECTION NO PERMITS/NO CONTACT FROM OWNER -EMAILED NICLOE 8t LISA — 06-09-2011 11:24:15 REINSPECTION __..—.... .,­ ...........M.�....... NO PERMITS APPLIED FOR -NOT IN COMPLIANCE 03-31-2011 13:59:17 COMMENT CODE COSTS CONTINUE TO ACCRUE UNTIL COMPLIANT. .w _.. ,a�.-_ SM FINAL ORDER FOUND IN VIOLATION AS CITED FOR THE CHARGES OF 110-140. (1) AND 6-27.(B)(2)H. COSTS IMPOSED UNTIL COMPLIANT AND RESERVED ON FINES. 03-31-2011 13:55:56 SM OR CEB ORDER COMPLIANCE DATE SET FOR 05/11/11. NO REVIEW HEARING SET AT THIS TIME. THE CHARGES OF 17-2.(A) IS COMPLIANT AND THE CHARGE OF 122-4.(B)(1)D IS DISMISSED. 03-30-2011 17:13:03 REINSPECTION NO PERMITS APPLIED FOR/ABANDONED VEHCILE ..awn...n._...� .-n..0 REMOVED. ... ®a - LIAISON REC'D CALL FROM GRACE PARKER C� ATTY MARSHALL Et WATSON REQUESTING REMINDER NOTICE FOR 03/31/11 BE EMAILED 03-25-2011 13:52:52 COMMENT CODE TO HER. LIAISON WILL ALSO SENT COPY OF SM FINAL ORDER TO ATTORNEY OF RECORD AT SAME LAW _. .--....... ............... OFFICE. 01-27-2011 13:02:15 CASE CONTINUED NO ACTION . CASE CONTINUED TO 03/31 /11. ................................. _--_... -M., REMINDER NOTICE OF HEARING FOR 03/31 /11 01-19-2011 15:18:54 REMINDER NOTICE OF HRG SENT MAILED TO PO AND ATTY ANDREW TOBIN VIA _ ...... ...... 1ST CLASS MAIL BY LIAISON TODAY. .w.�_ _..... PER COUNTY ATTY EMAIL DATED 01 /14/11 01-14-2011 15:18:00 COMMENT CODE THIS CASE IS BEING CONTINUED TO MARCH 31, 2011. REMINDER NOTICE OF HEARING FOR 01/27/11 11-30-2010 13:22:22 REMINDER NOTICE OF HRG SENT MAILED TO PO AND ATTY, ANDREW TOBIN VIA 1ST CLASS US MAIL BY LIAISON TODAY. 10-28-2010 13:26:31 CASE CONTINUED NO ACTION _- CASE CONTINUED TO 01 /27/11. _...._. �.�.._. w.....«< .«_R__ ... _.._ .... 10 28 2010 10.05:39 SET FOR HEARING _._.... �........... ._ MR. WOODMAN EMAILED LIAISON OFFICIAL CONTINUANCE REQUEST. COUNTY ATTY 10-26-2010 12:56:56 COMMENT CODE APPROVED THIS REQUEST TO JAN 2011 CONSIDERING THAT MR. TOBIN WOULD NOT BE ABLE TO MEET WITH HIS POTENTIAL CLIENT ... �w� . _ UNTIL AFTER THE HEARING ON 10/28/10 ___----- ..... _ .W .. w.. _ - STIP AGREEMENT WAS REVOKED BY RESPONDENT VIA FAX TO LIAISON ON 10/22/10. RESPONDENT INDICATED THAT MR. ANDREW 10-25-2010 11:08:57 STIPULATION AGRMT. SIGNED TOBIN WILL BE REPRESENTING HIM. LIAISON EMAIL COPY OF REVOCATION TO INSPECTOR LINK AND CONTACTED MR. TOBIN VIA EAMIL FOR NOTICE OF APPEARENCE ON _.m _.n..a... 10/25/10 10-15-2010 14:10:53 COMMENT CODE LIAISON HAS ORIGINAL� SIGNED STIP IN FILE. COMPLIANCE ON 01/13/2011. 10-14-2010 13:49:29 XXXNOV CERTIFIED RETURNED GOOD SERVICE-RECVD ON CERT RR# 7002 0460 0001 5030 2141 TO LIS PENDENS. GOOD SERVICE-RECVD ON CERT RR# 7006 2760 10-14-2010 13:48:10 )=NOV CERTIFIED RETURNED 0004 2252 3738. FILE TO NICOLE FOR 10/28/2010 SM HEARING. LC 09-23-2010 15 41:19 COMMENT CODE FILE FIXED ft BACK TO AD MIN TO ISSUE NOV PREPARED NOV/NOH TO LIS PENDENS, LAW 09-15-2010 11:17:56 NOTICE OF VIOLATION/HEARING OFFICES OF MARSHALL C. WATSON, P.A. ON RR CERT # 7002 0460 0001 5030 2141. LC PREPARED NOV/NOH TO PROPERTY OWNER ON 09-15-2010 09:36:13 NOTICE OF VIOLATION/HEARING CERT MAIL#7006 2760 0004 2252 3738. FILE TO SUPERVISOR FOR APPROVAL. LC .u.�..---,-,...._._.- 09-14-2010 09:27:20 MAKE VIOLATION __...___ - ... _ �.__._.... MAKEVIO RECORDED LINKD �.�. �.... ...v .... .... ...._ __ 09-13-2010 11:49:07 INITIAL INSPECTION TYPE m . _ _ .......p.. ._ .. ...-u . ISSUE NOV/HEARING NOTICE OF OWNER 09-13-2010 11:49:03 CREATE A CASE A ...........w................... COMPLAINT RECORDED BY CUTIEL httn•//Ponv mnnrnPrnnntv_fl onvh-(:nvPhre/rndp/rne1P ritl acnv9e-neP nn=(`P 1 MQMiF 4/4/'?n1 i 9/13/10—CE10090056 — 819 Nar i-NSAFE/UNSANITARY REFERRAL Iz TO: Joe Paskalik, Building Official THROUGH: Ronda Norman, Sr. Director, Code Enforcement FRO : i SUBJECT: Referral for Unsafe/Unsanitary Property/Structure(s)/System(s) DATE: 1 1 p Attached please find photographs/documents regarding: CODE ENFORCEMENT CASE , _ , for your review. Owner/ Tenant: RE COMMENTS: KEY 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: 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. e Paskalik, Building Official Dat County of Monroe Code Enforcement Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: WOODMAN ALLAN F.O. BOX 373111 KEY LARGO, FL 33037 Case Number: CE10090056 Location: 819 NARRAGANSETT LN-CROSS KEY W/W , KEY LARGO, FL 33037 Re Number: 00468473018600 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property on 09/13/2010 found the following violation(s): 110-140. (1) - BUILDING PERMIT REQ/CH 6 A BUILDING PERMIT IS REQUIRED FOR THE INSTALLATION OF CENTRAL AIR CONDITIONING SYSTEM. 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 on 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 $500.00 (five hundred dollars) as per Monroe County Code.All permits will require PASSING FINAL INSPECTION(S). 122-4.(b)(1)d - PERMIT CONDITIONS/FLOOD HAZARD DOWNSTAIRS STORAGE ENCLOSURE (UTILITY ROOM) IS TEMPERATURE CONTROLLED. Corrective Action Required: CONTACT THE FLOODPLAIN MANAGEMENT OFFICE FOR INFORMATION TO BRING THE ENCLOSURE INTO COMPLAINCE. IF YOU HAVE ALREADY BEEN NOTIFIED BY THE FLOOD PLAIN MANAGEMENT OFFICE OF THE CORRECTIVE ACTION REQUIRED PLEASE FOLLOW THE REQUIREMENTS AS STATED IN THE LETTER. BUIDLING PERMITS, APPROVALS AND FINAL INSPECTIONS MAY ALSO BE REQUIRED. FLOOD PLAIN MANAGEMENT OFFICE (305)289-2866 17-2.(a) - ABANDONED VEHICLES WHTIE CADILLAC IS UNLICENSED. NO LICENSE PLATE ON VEHICLE. Corrective Action Required: 1) VEHICLES MUST BE CURRENTLY REGISTERED/LICENSED or 2) Remove inoperative and/or unlicensed vehicles from the property, or 3) Store inoperative and/or unlicensed vehicles in a completely enclosed garage. Contact this office upon compliance. 6-27.(b)(2)h - UNSAFE PERMITS INSPECTIONS C.O THE BUILDING OFFICIAL HAS DEEMED THE CENTRAL AIR CONDITIONING INSTALLATION, AND THE TEMPERATURE CONTROLLED ENCLOSURE UNSAFE DUE TO LACK OF PERMITS, INSPECTIONS, AND APPROVALS. 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 certificate of completion. No extra time to comply will be given as this violation poses a serious threat to public health safety and welfare. PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/28/201.0 at 9:00 AM in the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. TO AVOID ATTENDING THE HEARING, all violation(s) noted above must be corrected by 10/13/2010 . If a violation is corrected and then recurs, or if the violation is not corrected by the time specified, or if the violation is a repeat violation, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. Failure to correct the violation(s) may result in the imposition of costs of prosecution and 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. If the County is forced to correct your violation(s), the Special Magistrate will order all costs incurred to be reimbursed to the County. THE 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 this office prior to the hearing. 2 You may request a continuance of the hearing for good cause shown unless an unsafe violation is alleged. Unsafe violations pose a serious threat to the Public Health, Safety and Welfare . If you choose to request a continuance, a written request on the County's form must be made five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax: (305) 289-2858. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: f, LINK, DIANE Code Enforcement Inspector 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 a named addressee(s) by Certified Mail, Return Receipt Request No.: 7006 2760 0004 2252 3738 0 09 23/10 . Code Enforcement Department 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 ten (10 calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". 9 MONROE COUNTY, FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEEPTS Complaint Number: 7006 2760 0004 2252 3738 .........__. !�! 2 mi ? 8'v 0 CL ® m _. nm m-��� 0�00 oq; rnoxz w p r, > a n w F j Cw�M w Zf a a 8 m8E C m 8 C r r am° ova, v m-0m m Eii a C av >• Ts'i t � a EEC+'S�°00 �t 8 It! a `o dr r (j Z .- o Y_! w��� J C7 z CO Q X CTO O Q m w 0 0 i. �aww YU za m r%- m ti Ln ru ti 0 0 C3 0 ..0 r` ti O O r%- o. 9 is MONROE COUNTY CODE ENFORCEMENT SPECLAI MAGISTRATE Monroe County Code Enforcement Petitioner STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES In the matter of: Re# 00468473-0186000 Allan Woodman (hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees that I/we received the Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on _October 28,,2010 to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Hearing"). 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation which was served in this matter. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code CADocuments and Settings\link-diane\Local Settings\Temporary Internet Files\OLKF\MASTER Stipulation for First Time Offender (2).doc Enforcement. However, by entering into this Stipulation, Respondent(s) understands and agrees that: (a) He/she need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and (b) Any evidence in the Code Enforcement file will be deemed the record in the case; and (c) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The Respondent(s) understand that the property will be checked for compliance on 4. The parties understand that a fine of $500.0_ per day that shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondent(s) fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows. 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs shall be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). CADocuments and Settings\link-diane\Local Settings\Temporary Internet Files\OLKF\MASTER Stipulation for First Time Offender (2).doc 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 1_1-1_ . 1 -_. - 11 -1 . 1 1 - . exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 8. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 9. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with Inspector Link by the end of business October 23, 2010. CADocuments and Settings\link-diane\Local Settings\Temporary Internet Files\OLKF\MASTER Stipulation for First Time Offender (2).doc By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. signature of Respondent(s) / Date r Print Name STATE OF COUNTY OF r c PERSONALLY APPEARED BEFORE ME, the undersigned authority, Qr-U,20w Uo ......,._. who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this _day of 20(" ignature of / Date Print Name STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, ay who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of - 20 NOTARY PUBLIC My commission expires - 6 2 My commission expires t I —L20I a CRYSTAL FAY SEBBEN Notary Public -State of Florida , CRYSTAL FAY SEBBEN . •: My Comm. Expires Nov 19, 2012 ?ro`Pu��4'; Notary PubIIC •State of Florida �:� Commission # DD 839697 „•� '. ; ; My Comm. Expires Nov 19, 2012 Bonded Through National Notary Assn. 's�. 'per- Commission # DD 839697 Signature of F l a Date O,`,;; �'��-- Bonded Through National Notary Assn. Print name STATE OF _ COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 20� NOTARY PUBLIC CADocuments and Settings\link-diane\Local Settings\Temporary Internet Files\OLKF\MASTER Stipulation for First Time Offender ,, (2).doc MO OE COUNTY CODE IM ORCEWM SPECIAL MAGISTRA TIE �, 4- -2 (IJ- Monroe County Code Enforcernents Petitioner VS. Case Number r CEI o Plera Woodman, Allan a — 86"2- ~ T! 7 Respondent(s) / STIPULATION TO CODE VIOLATION AND FOR TIN E TO COMPLY FOR FIRST TIME OFFENSES In the titter oft Re# Q i3-o186000 AIIan Woodman (hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Enforcement rPetitioner"), by and through the undersigned individuals, hereby agree and stipulate to the followin(, I, 1. Responderd(s) agrees that I/we received the (Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on Qdobgr 28t 2MQ to determine whether the charges alleged in the Notice cl Violation and Notice of Hearing are accurate and supported by substantial evidence C Hearing"). 2. Respondent(s) agrees that the Aolation(s) exit as alleged in the Notice of Violation which was served in this matter. Respondents) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code C Oomm m and SottiWg Wk-diandUAtal 8dbrolTonprnary t mnd Files10LMA 93TER Stipulation for RmL lima Offndar (2),doo Enforcement. However, by entering into this StipulaWn, Respondent(s) understands and agrees that: (a) He/she need not appear at the Head ig, but instead, stipulates to entry of the finding against Respondent(s); and (b) Any evidence in the Code Enforcement file will be deemed the record in the case; and (C) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have Jnder Section 162.11, Florida ' 3. The Respondent(s) understand that the property will be checked for compliance can Jgnualy 1& 2011 4. The parties understand that a fine of $500.00 per day that shall accrue daily if the property is not brought into cornpiiai ue within the time specified in paragraph 3. 5. The Respondent(s) understand:, that of the Respondent(s) flails to comply within the time given in paragraph 3, the fine(a) shall accrue each day the violation(s) remain as foilows. 110-140.(1) $100.00 per (lay 6-27.(b)(2)(h) $250.00 per i lay 17-2.(a) $ 50.00 per c y 122-4.(b)(1)d $100.00 per Jay 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs shall be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Igor roe County Code section 8,29(b). C:IDccumeats mid SeukW\11& dianellxM SeWgs\Teu qw=y hummt I?lles1OOLK M AS7r3R Stipulation for First Time Offender 2 (2).doc 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 110-140.(1) and 6-27.(b)(2)(h)-110-140.(1 and 122�.(b)(11d exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in par %graph 3. 8. Respondent(s) agrees and repnm ents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to walv � this right. g. The parties understand and agre3 that the Respondent($) may re ?-sStipulation and that such revocation must b+. done in writing or done in person with Inspector Link by the end of business Octo 3er 23, 2010. Grlovc0 uk;'e � ec,�vo�-�—/� �S 5�� U C,�3T o,et � de/ l 6 � Zz— �' a �/✓a /►-m �.AL 0-605"t, OIS& Tzo/A-) LO / -4 - ks 03 is - 6`1- 3-1 so CADocnmCnts mid sdt�►�11iNc-aiaocua�l Setttnpn anporwy tm=ct F iesxoua1M. %rkk 9uPuiuhw nx First Time olds 3 (Z).doe REQUEST FOR CONTINUANCE CASE: CE10090056 INSP: LINK, DIANE Code Enforcement Special Magistrate Monroe County, Florida Phone:(305)289-2509 Fax:(305)289-2858 Mail to: 2798 Overseas Highway. Marathon, Fl. 33050 This notice must be received in this office 5 working days prior to the hearing. Please contact the office prior to the hearing to receive the outcome of your request. Note: A continuance of a hearing date, even if granted by the Special Magistrate, will not stop daily fines from accruing once they have been imposed. Person Requesting Continuance (Name & Relationship) AWV 1420o44z of -- Date: _ Phone No. f1 y-2ga4 VVY Has a continuance been requested before? Compliance Date: 10/13/2010 Yes No Current Scheduled Hearing Date: 10/28/2010 Subject Property: 819 NARRAGANSE17LN-CROSS KEY W/W KEY LARGO FL 33037 Charges cited with:110-140.(]) ]22-4.(b)(1)d 17-2.(a) 6-27.(b)(2)h Explain in detail why continuance is requested: (You may use the back if additional space is needed) 1"'VX 5 d' 4Zi1�T.o-i r�lFiih .� �Lv O //!_ J'a S %wb .0!31%!01 Signature of property owner: CK� Date: (Code Enforcement Use Only) Comments: Magistrate: A Opposed County Attorney: Apkioval Continuance Appr 'ng Date: Opposed (reason):_ Date: Date: j New Com fiance ate: 0— — Vr Petrick -Nicole From: Petrick -Nicole Sent: Wednesday, January 19, 2011 3:26 PM To: Granger -Lisa; Andrew Tobin Cc: Link -Diane Subject: RE: Allen Woodman -CE 10090056 Please see the below email for your info. y I will mail you a copy of the reminder notice of hearing for our next hearing on March 31, 2011. This will be noted on the 01/27/11 agenda as "continued to 03/31/11". Thank you. Nicole Petrick, CPM Liaison Monroe County Code Compliance 2798 Overseas Highway, Suite 330 Marathon, FL 33050 Phone: (305)289-2509 Fax: (305) 289-2858 Petrick-Nicole(g3monroecounty fl.gov From: Granger -Lisa Sent: Friday, January 14, 2011 1:18 PM To: Andrew Tobin Cc: Petrick -Nicole Subject: Re: Allen Woodman -CE 10090056 Yes we will continue the matter until the March hearing. Thank you. Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pgges/MonroeCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. On Jan 14, 2011, at 1:16 PM, "Andrew Tobin" <tobinlawaterranova.net> wrote: Lisa; I have a conflict on January 27. Please confirm that the above case will be continued. Thanks, Andy Andrew M. Tobin, Esq. Attorney at Law P.O. Box 620 Tavernier, FL 33070 305.852.3388 tobinlaw(a�terranova.net Please take a moment to complete our Customer Satisfaction Survey: httu://monroecofl.virtualtownhall.neVPaaes/MonroeCoFL WebDocs/css Your feedback is important to usl Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 11—CE10090056 Woodman 819 iNarragansette Lane Key Largo BEFORE ;',.e OOUNTY CODE ENFORCEMENT SPECIAL MAG. , RATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. Respondent(s). Case No. CEAM qZ)y)'5_ Subject Property Real Estate Number. FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspector(s) and/or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: T Respondent(s) and/or Representative _ re not present and d did not ntest the violations) set forth in the Notice of Volation/ otice of Hearing which is incorporated herein as ff fully set forth. (JThe Respondent(s) is/are the owner(s) of property located within Monroe County and was/were duly noticed of the hearing. The Respondent(s) is/are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and Investigating this matter. Costs will conthme to accrue until compliance is achieved and case Is closed. Furffwjmore the Respondent(s) shall comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before _("THE COMPLIANCE DATE-). ( In the event the violation(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE S FORTH HEREIN, fine(s) in the amount of: for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) Ware in violation is/are hereby ORDERED. ( ) a one time fine of $ is ORDERED, and the condition causing the violations) 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. In the event of nonpayment of fines andlor costs Imposed on Respondent(s), a certified copy of this Order may be recorded In the public records and shall thereafter constitute a Ilan 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 andlor may sue to recover money judgment for the amount of the lien plus accrued Interest. Please make checks payable to Monroe County Code Enforcement and mail to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050. ( ) The Respondent(s) were in violation of the MONROE COUNTY Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and/or fines ($ 1 to Monroe County Code Enforcement within thirty (30) days of this Order. DATED this. day of Z60 __� .20 Z Jot1h G. Van Laninfanj, S{al Magistrate Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE10090056 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: WOODMAN ALLAN P.O. BOX 373111 Y LARGO, FL 33037 Location of Subject Property: 819 NARRAGANSETT LN-CROSS KEY W/W KEY LARGO, FL 33037 RE NUMBER: 00468473018600 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 hereby certify that this is a true and correct copy of the above Order. '- ;a Z,, � — /A 5 4 -�Z; �e' --- Wicole M. Petrick, Liaison 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. mail to Respondents) address of record with the Monroe C unty Property Appraiser's Office as referenced abo a and/or Authorized Representative -- ,� on this day of r1 ��. Nicole M. PAGE 2 of 2 CC: Law Offices of Marshal C. Watson, PA C/O Valentina Weis, Esq. 1800 N.W. 49 h Street, Suite 120 Ft. Lauderdale, FL 33309 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Case Inspector LINK DIANE Case Number CE10090056 Pro Location 819 NARRAGANSETT LN-CROSS KEY WNV, KEY LARGO, FL 33037 Parcel ID 0046 73018600 WOODMAN ALLA P.O. BOX 37111 KEY LARGO, FL 3307 ef ILE e, 0 Py *"REMINDER NOTICE OF ADMINISTRATIVE HEARING "* PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 09129/2011 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, "onda 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 this office prior to the date of 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. 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 A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request. 2798 Overseas Highway, Suite 330, Marathon. FL 33050; Phone (305) 289.2509 Fax. (30 ) 289-2858. PLEASE NOTE: continuance of a hearing date, even if granted by the Special Magistrate, will not stop daily fines from accruing once they have been imposed. If the Special Magistrate denies your request for an extension of compliance date, a daily fine and costs of prosecution and investigation may be imposed on the subject property Said fine may constitute a lien on said property and any other property owned by the violator. If you agree that the violation(s) exist as alleged in this Case, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact your 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 at the appropriate location listed below 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 DA 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 1, between the hours of 8:30 a.m. - 5,00 p m., no later than five (5) calendar days prior to the scheduled ling; if you are hearing or voice impaired, call "711" CERTIFICATION OF SERVICE hereby certify that a copy hereof has been furnished to the above named addressee(s) nd_.Auto_ C® �' ls- ` 61 �f �� ?Ala Petrick -Nicole From: Petrick -Nicole Sent: Tuesday, August 23, 2011 10:33 AM To: Granger -Lisa; Andrew Tobin Cc: Link -Diane Subject: RE: CE10090056 Woodman Attachments: CE10090056 Woodman Reminder Notice for 092911 002.pdf Mr. Tobin, Here is a copy of the reminder notice of hearing for 09/29/11 for your convenience. The original will be mailed today as indicated. Kindly, Nicole Petrick, CPM Liaison Monroe County Code Compliance 2798 Overseas Highway, Suite 330 Marathon, FL 33050 Phone: (305)289-2509 Fax: (305) 289-2858 Petrick-Nicole@monroecounty-fl.gov -----Original Message ----- From: Granger -Lisa Sent: Tuesday, August 23, 2011 10:14 AM To: Andrew Tobin Cc: Link -Diane; Petrick -Nicole Subject: FW: CE10090056 Woodman Andy, Mr. Woodman has not applied for the necessary permit. The compliance date was May 11, 2011. I will have no choice but to put this matter on the September agenda and ask the SM to impose fines. Please remind your client that needs his immediate attention. Thanks. Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL_WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available 1 to the public and media upon request. Your e-mail communication may be subject to public disclosure. -----Original Message ----- From: Petrick -Nicole Sent: Tuesday, August 23, 2011 8:01 AM To: Granger -Lisa Cc: Link -Diane Subject: RE: CE10090056 Woodman Lisa, This was a final Order from the SM (see attached) went to hearing on 03/31/11 & reserved on fines. Also, attached is the case detail report for your convenience. Nicole Petrick, CPM Liaison Monroe County Code Compliance 2798 Overseas Highway, Suite 330 Marathon, FL 33050 Phone: (305)289-2509 Fax: (305) 289-2858 Petrick-Nicole@monroecounty-fl.gov -----Original Message ----- From: Granger -Lisa Sent: Monday, August 22, 2011 4:26 PM To: Petrick -Nicole Cc: Link -Diane Subject: RE: CE10090056 Woodman Nicole please wait. Let me talk to Diane and look at the file. I think this was a stip? Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) Website: www.monroecounty-fl.gov HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL_WebDocs/css Your feedback is important to us! PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. z -----Original Message ----- From: Petrick -Nicole Sent: Monday, August 22, 2011 3:59 PM To: Granger -Lisa Cc: Link -Diane Subject: RE: CE10090056 Woodman Lisa, Any word from Andy? Are we going to put this back on the agenda for 09/29/11 to impose fines? If so, I'd like to get the reminder notice of hearing mailed. Thanks. Nicole Petrick, CPM Liaison Monroe County Code Compliance 2798 Overseas Highway, Suite 330 Marathon, FL 33050 Phone: (305)289-2509 Fax: (305) 289-2858 Petrick-Nicole@monroecounty-fl.gov -----Original Message ----- From: Granger -Lisa Sent: Wednesday, August 10, 2011 3:46 PM To: (tobinlaw@terranova.net) Cc: Link -Diane; Petrick -Nicole Subject: FW: CE10090056 Woodman Andy, he has not done anything to gain compliance. -Any help is appreciated. Thanks. Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) Website: www.monroecounty-fl.gov HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL_WebDocs/css Your feedback is important to us! PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. -----Original Message ----- From: Link -Diane 3 Sent: Wednesday, August 10, 2011 3:28 PM To: Granger -Lisa; Petrick -Nicole Subject: RE: CE10090056 Woodman Nothing applied for. No permits since 1998. No contact from owner. -----Original Message ----- From: Granger -Lisa Sent: Wednesday, August 10, 2011 2:42 PM To: Link -Diane; Petrick -Nicole Subject: FW: CE10090056 Woodman Please see below and let me know please. Thanks. Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) Website: www.monroecounty-fl.gov HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL_WebDocs/css Your feedback is important to us! PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. -----Original Message ----- From: Andrew Tobin [mailto:tobinlaw@terranova.net] Sent: Wednesday, August 10, 2011 2:26 PM To: Granger -Lisa Cc: Link -Diane; Petrick -Nicole Subject: RE: CE10090056 Woodman Hi Lisa, I thought he got an ATF and the case was closed. Please let me know if anything is awry. Andy Andrew M. Tobin, Esq. Attorney at Law P.O. Box 620 Tavernier, FL 33070 305.852.3388 tobinlaw@terranova.net -----Original Message ----- From: Granger -Lisa [mailto:Granger-Lisa@MonroeCounty-FL.Gov] 4 Sent: Wednesday, August 03, 2011 1:06 PM To: Andy Tobin Cc: Link -Diane; Petrick -Nicole Subject: CE10090056 Woodman Andy, Do you know the status on this one?are you still representing him? Thanks. Lisa Granger Assistant County Attorney Monroe County Attorney's Office 1111 12th Street Suite 408 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.net/Pages/MonroeCoFL_WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. F1 REQUEST FOR CONTINUANCE CASE: CE10090056 INSP: LINK, DIANE Code Compliance Special Magistrate Monroe County, Florida Phone: (305)289-2509 Fax: (305)289-2858 Mail to: 2798 Overseas Highway, Marathon, FL 33050 This notice must be received in this office 5 working days prior to the hearing. Please contact the office prior to the hearing to receive the outcome of your request. Note: A continuance of a hearing date, even if granted by the Special Magistrate, will not stop daily fines from accruing once they have been imposed. Person Requesting Continuance (Name & Relationship) C ` c Date: Phone No. Has a continuance been requested before? Compliance Date: 10/13/2010 Yes No Current Scheduled Hearing Date: 09/29/2011 Subject Property: 819 NARRAGANSETT LN-CROSS KEY W/W , KEY LARGO FL 33037 Charges cited with: 110-140.(1) 122-4.(b)(1)d 17-2 (a) 6-27 (b)(2)h Explain in detail why continuance is requested: (You may use the back if additional space is needed) .- Signature of property owner: (Code Compliance Use Only) Comments: Magistrate: Approval Opposed Date: Date: County Attorney: Approval Opposed Date: Continuance Approved to Hearing Date: New Compliance Date: Opposed (reason): RECEIVED / Monroe County Code Compliance Pave(s) of Petrick -Nicole From: Petrick -Nicole Sent: Tuesday, September 27, 2011 3:23 PM To: 'grace.parker@marshallwatson.com' Subject: Emailing: CE10090056 Woodman Reminder Notice for 111711 001.pdf Attachments: CE10090056 Woodman Case Detail Report.pdf; CE10090056 Woodman Reminder Notice for 111711 001.pdf Hi Grace, FYI. Our County Attorney Continued this case again to 11/17/11. Also attached is the detail report for recent updates on this case. Please call if you have any questions. Kindly, Nicole Petrick, Liaison, CPM Monroe County Code Compliance 2798 Overseas Highway, Suite 330 Marathon, FL 33050 Phone: (305)289-2509 Fax: (305) 289-2858 Email: Petrick-Nicole(dmonroecounty-fl.gov Website: www.monroecounty-fl.gov The message is ready to be sent with the following file or link attachments: CE10090056 Woodman Reminder Notice for 111711 001.pdf Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 0 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Case Inspector: LINK, DIANE Case Number: CE10090056 Property Location: 819 NARRAGANSETT LN-CROSS KEY W/W, KEY LARGO, FL 33037 Parcel ID: 00468473018600 FILE COPY WOODMAN ALLAN P.O. BOX 373111 KEY LARGO, FL 33037 ** REMINDER NOTICE OF ADMINISTRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 11/17/2011 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. 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 this office prior to the date of 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. 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. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax: (305) 289-2858. PLEASE NOTE: continuance of a hearing date, even if granted by the Special Magistrate, will not stop daily fines from accruing once they have been imposed. If the Special Magistrate denies your request for an extension of compliance date, a daily fine and costs of prosecution and investigation may be imposed on the subject property. Said fine may constitute a lien on said property and any other property owned by the violator. If you agree that the violation(s) exist as alleged in this Case, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact your 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 at the appropriate location listed below. 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 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". CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above named addressee(s) and Authorized Representative, Andrew Tobin, Esquire, P.O. Box 620• Tavernier, FL 33070 by U First Class Mpil on 09/27/11. • D Code Compliance Department BEFORE T. COUNTY CODE ENFORCEMENT SPECIAL MAGI. iATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, Respondent(s). Case No. CE Subject Property Real Estate Number: FINAL ORDER -Docp 1906093 11/05/2012 1:40PM Filed 8 Recorded in Official Records of MONROE COUNTY DANNY L. KOLHRGE Docp 1906093 BkN 2597 PgN 84 Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspectors) and/or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: The ) and/or Authorized Representative we ere not nt and didldid not contest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully The Respondent(s) is/are the owner(s) of property located within Monroe County and was/were duly noticed of the hearing. The Respondent(s) Ware in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and investigating this matter. Costs will contim is to accrue until compliance is achieved and case is closed. F fte re the espondent(s) shall comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before �............. —('THE COMPLIANCE DATE-). In the event the violation(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN, fine(s) in the amount of: $ le "IA IJ 1 J for each day beginning on THE DAYAFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are hereby ORDERED ( ) 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. In the event of nonpayment of fines andlor costs Imposed on Respondent(s), a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings If the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued Interest Please make checks payable to Monroe County Code Enforcement and mall to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2796 Overseas Hwy., Sufte 330, Marathon, FL 33050. ( ) The Respondent(s) were in violation of the MONROE COUNTY Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and/or fines ($ 1 to Monroe County Code Enforcement within thirty (30) days of this Order. DATED this day of _ _ 20ZJ Magistrate Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE10090056 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: WOODMAN ALLAN Doe# 2906093 P.O. BOX 373111 Bk# 2597 Pg# 85 KEY LARGO, FL 33037 Location of Subject Property: 819 NARRAGANSETT LN-CROSS KEY W/W KEY LARGO, FL 33037 RE NUMBER: 00468473018600 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 reby certify that this a true and correct copy of the above Order. Nicole M. Petrick, Liaison 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 c U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative _G gEs on this ZZ 7N day of A/ 920 p/ Nicole M. Petrick, Liaison PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) ALLAN WOODMAN, ) Respondent(s). ) CASE NO.: CE10090056 NOTICE OF MOTION TO AUTHORIZE FORECLOSUREAND/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 November 5, 2012 at Book 2597, Page 84 on the property that was the subject of the code compliance action described as: 819 NARRAGANSETT LN. KEY LARGO, FL 33037, Monroe County, RE# 00468473018600, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of March 21, 2015 is $420,603.74 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on April 30, 2015 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. Steven T. Williams Assistant County Attorney 1111 12'' Street Suite 408 Key West, Florida 33040 (305) 292-3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this a5 day of 20 15 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. Q to P.O. BOX 373111 KEY LARGO, FL 33037 O%Hl-k IdA-A i / vj"-) Code Compliance Departafent 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 ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 ALLAN WOOL) BAN P.O. BOX 373111 KEY LARGO, FL 33037 March 21, 2015 Subject: Code Case: CE10090056 Location: 819 NARRAGANSETT LN. KEY LARGO, FL 33037 Dear Property Owners, Board of County Commissioners Mayor Danny L. Kolhage, Dist.1 Mayor Pro Tem Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 5 The purpose of 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 April 30 2015. 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 If this case involves a Sewer Connection, and you have achieved compliance, please contact Inspector Traci Schoenrock at (305) 292-4498. 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& onroecount - o ev 305-289-2586 MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT Complaint Number: CE Us - GISTERED MAIL RECEIPTS GOOD SERVICE: �40 SERVICE: kJ01_0.w111W - uL5r3 iracxing,— Page 1 of 2 IFngllsh Customer Service USPS Mobile Register/ Sign In U PSCO USPS TrackingTM Customer Service) �' Have questions? We're here to help. Tracking Number: 70131710000029736300 Updated Delivery Day: Thursday, March 26, 2015 Product & Tracking Information Postal Product: Extra Svc: nrr i Certified Mail - DATE 3 TIME STATUS OF ITEM LOCATION March 25, 2015, 10:45 am AvaElaaLble for Pia.8aaup KEY LARGO, FL 33037 Your item arrlved at the KFY LARGO. FL 33037 post office at 10:45 am on March 25, 2015 and is ready for pickup March 25, 2015, 10:12 am Available for Pickup KEY LARGO, FL 33037 March 25, 2015. 10:03 am Arrived at Unit KEY LARGO, FL 33037 March 24, 2015. 9:05 pm Departed USPS Facility MIAMI, FL 33152 March 24, 2015. 12:02 am Arrived at USPS Facility MIAMI, FL 33152 Track Another Package Tracking (or receipt) number Track It HELPFUL LINKS ON ABOUT.USPS,COM Contact Us About USPS Home Site Index Newsroom FAOs USPS Service Updates Forms 8 Publications Government Services Careers Copyright O 2015 USPS. All Rights Reserved. OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer National Postal Museum Resources for Developers Available Actions Text Updates Cmall Updates LEGAL INFORMATION Privacy Policy Terms of Use FOIA No FEAR AC EEO Data https://tools.usps.com/go/TrackConfm Action?otc tLabels1=70131710000029736300 4/11/9015 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE10090056 Monroe County Code Compliance, declare under penalty of perjury, that I posted e w p J ry, p ted the property owned by. WOODMAN ALLAN, described as 819 NARRAGANSETT LN, CROSS KEY WATER WAY, KEY LARGO, FL 33037, having the property RE#: 00468473018600 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 04130/2015. THIS ' TICE WAS POSTED AT: SUBJECT VRO ERTY AS STATED ABOVE Date: Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantatiori Key 9ourthouse — 88820 Overseas Highway, Tavernier, Florida Date: to it d 5 Time: Si 1 ature: • Sworn to and subscribed before me this Zday o V '^'•yy URENEDY IGBY Notary Publ' , State o = N Public _ s�te of FIOMM • • 'S mR ss10r, Expire, eP 5, Ml = CommissioP # FF a='f67 CERTIFICATION OF MAILING; •I"Bonded By National Np,otarygs� I, CHERYL MARTIN 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: WOODMAN ALLAN , P.O. BOX 373111, KEY LARGO, FL 33037. Signatur Sworn to and subscribed before me this day of , 205. No�ry Public, ate of .Jodda 0 0 N Ln 00 N LD Z D 70 D D Z m A r Z m 7v C) O m O 0 W 0 0 Ln O O 0 Z D Z BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. ALLAN WOODMAN, Respondent(s). Case No.: CE10090056 ORDER AUTHORIZING FORECLOSURE, A Order Imposing Penalty 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 intefest. DONE AND ORDERED thisrw &0 day of ,-/l 20 4- at the Marathon Government Center, Marathon, Florida. John G. Van am Special Magistrate CERTIFICATE OF ORDER I he that thi 's a true and correct copy of the above Order. Nicole M. Petrick, Liaison 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 / fkatg1pass mail to Respondent(s) address of record w/ the Monroe County Property Appraiser's Office U.S.m as referenced above and/or Authorized Representative on this �!Z77"1 day of , 201.,,E Nicole M. Petrick, Liaison PROPERTY INFORMATION RE 00468473018600 # Of Unit 2 Parent ID Status A Address 819 NARRAGANSETT LN-CROSS KEY W/W City/State/Zip I KEY LARGO, FL 33037 Property I Legal I Activity I All ALL PROPERTY OWNER INFORMATION. Name WOODMAN ALLAN Address P.O. BOX 373111 City/State/Zip KEY LARGO, FL 33037 LEGAL INFORMATION, Section 14 Map Book Township 61 Map Page Range 39 X Coord Block Y Coord Lot Lot Area 54000000.000 Subdivision Frontage 10 SALES / ASSESSMENT INFORMATION Last Sale wlll Amount 0 Last Assessed Amount 1242515 Millage 0 DISTRICT INFORMATION Zone Class Ward/Prec Zone Dist School Dist 1 Fire District School Dist 2 Flood Dist Impact Dist Flood Elev 0.00 LEGAL LEGAL DESCRIPTION CROSS KEY WATERWAY ESTATES SECTION THREE P136-61 KEY LARGO WEST 29 LOT 23 Et ALL LOT 24 BK 9 OR586-797/98 OR721-644/55 OR723-697/08(L T-705) OR726-761 .ACTIVITY PERMITS Permit Number Permit Type Issued Status 98300784 ROOFING -RESIDENTIAL 03-19-1998 OPEN http://egov.monroecounty-fl.gov/eGovPlus/propertylparcel_-all.aspx?prop key=52176 51512015 rlUpUfLy 1IILUMULIOn - UU4064 /3U15000 C n n F [' A C F CIFT/DUMB WAITER 93309997 _ _ELEVATOR/CHAIR L CLOSED Page 2 of 2 CE14110007 .................. .. CE14060018 .... CE13120051 CE1009005- µ 6 CE10090056 Your privacy is important to us, for more information see our privacy policy. Copyright O 2007 - THE PLUS SERIES ® - All Rights Reserved http://egov.monroecounty-fl.gov/eGovPlus/property/parcel—all.aspx?prop, key=52l76 5/'512015 i He Edd AMns Detak UnkS H* Case Number CE10090W6 Origination"`" RE W46&i7—MlWW Board Address 1819 NARRACANSETT OSS KEY WAN Total Fines Ordinance / 1 Date. Ordered Fine Start IDaRv Fine �.. Ordinance Code 110-14Q(1 � . .` 17 Continuous Date Ordered 111117011?%. ComplyBy 12/11. Fine Start IIZMWI III Daily Fine IEEE Number of Days 1246 Suspended Days 0 Cuffent Fore 12460s OD Complied Data Settle Amourd Settle Datei E AmaurdPaid QQO j Date Paid i.. W�,� 491, 1 " 13 Seale Ahmw I Paid Amount ISuspendDays Property Search -- Monroe County Property Appraiser Pagel of 5 Scott P. Russell, CFA Property Appraiser Monroe County, Florida Key West (305) 292-3420 Marathon (305) 289-2550 Plantation Key (305) 852-7130 Website tested on IE8, IE9, & Firefox. �Pilrollpeirty Recolirdlir Requires Adobe Flash 10.3 or higher s a r IIIII �� � �° � iiiii iiiii IIIII ° �� �Ac � �° �� �` map � � IIIII'°' IIIII �� ��� eiii°s IIIII rli Ownership Details Mailing Address: WOODMAN ALLAN P O BOX 373111 KEY LARGO, FL 33037 Property tail PC Code: 02 - MOBILE HOMES Millage Group: 500K Affordable No Housing: Section- Township- 14-61-39 Range: Property 819 NARRAGANSETT LN KEY LARGO LocatSubdivision: CROSS KEY WATERWAYS EST SEC 3 Legal CROSS KEY WATERWAY ESTATES SECTION THREE P66-61 KEY LARGO WEST 20' LOT 23 AND ALL LOT 24 BK 9 OR478- Description: 199 OR586-797/98 OR721-644/55 OR723-697/08(LT-705) OR726-761 OR726-762 OR1195-953/54TR OR1210-1161C/rR OR1347-435D/C OR1354-858/64PET OR1379-2013/14D/C OR1484-287/88TR OR2294-1304/05C OR2294-1306/07 httn://www mcnafI,nrQ/PrnnSParrh acnx c Ic nnI c Property Search -- Monroe County Property Appraiser Click II Imp -to open interactive viewer Page 2 of 5 `..,.0 NARRAGANSETT LN CrossKey Land Use Code Frontage Depth Land Area 020W - MOB HOM WATERFRONT 60 135 8,100.00 SF Building Number of Buildings: 1 Number of Commercial Buildings: 0 Total Living Area: 2016 Year Built: 1978 B III iiii 'I Det fl Building Type M1 Condition A Effective Age 29 Perimeter 200 Year Built 1978 Special Arch 0 Functional Obs 0 Economic Obs 0 Inclusions: M1 includes 1 3-fixture bath and 1 kitchen. Roof Type GABLEIHIP Roof Cover METAL Heat 1 NONE Heat 2 NONE Heat Src 1 NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 0 3 Fix Bath 2 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 0 Quality Grade 400 Depreciation % 58 Gmd Floor Area 2,016 Foundation CONC PILINGS Bedrooms 3 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 httn://www.mcnafl,nru[PrnnSearch acnx Property Search -- Monroe County Property Appraiser Page 3 of 5 20 r m Fr. fl 108 n n Fr „ FT Cup nn FT 2.6q Y8�1 ik-k GT x Ci. NO O 9fl �Y fltl 4 Fr .. :P,d Vr I F: N, FT. pv SfA ° M W' fl 31, Fr fl� fl.fl. Sections: Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 LLF 8:METAUALUM 1 1983 Y 1,148 2 CPF 1 1983 N Y 0.00 0.00 868 3 FLA 8:METAUALUM 1 1983 N Y 0.00 0.00 2,016 4 OPF 1 1983 308 5 PTO 1 1983 91 6 SBF 8:METAUALUM 1 1983 91 7 O.U.F. 1 1983 738 8 O.U.U. 1 1983 396 Milisc Improvement Details Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 DK3:CONCRETE DOCK 320 SF 40 8 1978 1979 4 60 2 DAV:CONC DAVITS 1 UT 0 0 1978 2008 1 60 3 SW2:SEAWALL 120 SF 40 3 1978 2008 3 60 4 PT&PATIO 156 SF 52 3 1978 2008 2 50 5 PT&PATIO 32 SF 4 8 1978 2008 2 50 1 Ill Value Hilistairy Certified RdI VaWes. Mew Taxes for hs ParceL Roll Total Bldg Total Misc Improvement Total Land Total Just (Market) Total Assessed School Exempt School Taxable Year Value Value Value Value Value Value Value httn'//www mrnan nra/PrnnSParrh acne ciciI)ni c Property Search -- Monroe County Property Appraiser Page 4 of 5 2014 89,147 9,510 359,226 457,883 457,883 0 457.883 2013 99,821 9,627 349,572 459,020 459,020 0 459,020 2012 166,896 9,861 352,703 529,460 529,460 25,000 504,460 2011 136,551 10,094 390,380 537,025 537,025 25,000 512,025 2010 153,891 10,211 405,000 569,102 569,102 25,000 544,102 2009 226,285 10,445 469,800 706,530 706,530 25,000 681,530 2008 301,241 10,710 607,500 919,451 919,451 0 919,451 2007 243,324 7,441 810,000 1,060,765 1,060,765 0 1,060,765 2006 323,657 5,940 380,700 710,297 275,137 25,000 250,137 2005 359,619 6,156 348,300 714,075 267,123 25,000 242,123 2004 322,418 6,264 283,500 612,182 259,343 25,000 234,343 2003 236,439 6,480 243,000 485,920 254,508 25,000 229,508 2002 155,263 6,696 172,125 334,084 248,543 25,000 223,543 2001 122,204 6,804 120,960 249,968 244,629 25,000 219,629 2000 127,028 1,995 113,400 242,423 237,504 25,000 212,504 1999 115,982 1,878 113,400 231,260 231,260 25,000 206,260 1998 127,028 2,087 113,400 242,515 239,358 25,000 214,358 1997 127,028 2,149 113,400 242,577 235,357 25,000 210,357 1996 127,028 2,210 113,400 242,638 228,502 25,000 203,502 1995 127,537 2,241 93,150 222,929 222,929 25,000 197,929 1994 127,537 2,303 93,150 222,991 222,991 25,000 197,991 1993 108,103 2,056 76,950 187,109 187,109 25,000 162,109 1992 108,103 2,083 76,950 187,136 187,136 25,000 162,136 1991 108,103 2,136 76,950 187,189 187,189 25,000 162,189 1990 93,778 2,190 68,850 164.818 164,818 25,000 139,818 1989 93,778 2,216 60,750 156.744 156,744 25,000 131,744 1988 76,435 2,015 60,750 139,200 139,200 25,000 114,200 1987 75,698 2,062 60,750 138,510 138,510 25,000 113,510 1986 75,965 1,769 56,700 134,434 134,434 25,000 109,434 1985 70,292 1,809 32,400 104,501 104,501 25,000 79,501 1984 66,199 1,849 32,400 100,448 100,448 25,000 75,448 1983 23,666 19,163 26,710 69,539 69,539 25,000 44,539 1982 24,202 19,163 26,710 70,075 70,075 25,000 45,075 Parcel Sales History NOTE: Sale Date Official Records Book/Page Price Instrument Qualification 4/12/2007 2294 / 1306 1,040,000 WD Q This page has been visited 15,019 times. Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 httn•//www mrnafl nra/PrnnRPnrrh acmr 1z czMAtc Property Search -- Monroe County Property Appraiser Page 5 of 5 httn•//www mrnafl nra/PrnnCParrh acnv C Oc nf%i e MONROE COUNTY, FLORIDA RESOLUTION NO.05-A2014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADOPTING THE PROCEDURES 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8-31(a) give the Special Magistrate appointed to hear Code Compliance cases the authority to impose fines and costs including the cost of repairs if the County is forced to make repairs, after a finding that the property owner has violated the Monroe County Code(s); and WHEREAS, pursuant to Section 162.09(3), Florida Statutes and Monroe County Code 8- 31(c), a certified copy of an Order imposing a fine or a fine plus repair costs may be recorded in the public records and thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; and WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all real and personal property owned by the violator once recorded with the County Clerk; and WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded liens; and WHEREAS, the initiation of litigation may be the only incentive for some property owners to gain compliance; and WHEREAS, the Board of County Commissioners finds it in the public's interest to have a formalized written procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief on non -compliant properties, foreclosure and/or money judgment actions for collection of unpaid fines and/or costs from a property owner; March 19, 2014 Code Lien Procedure NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1: The County's formal procedure is hereby adopted as set forth in Attachment A: PROCEDURES 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 Section 2: This resolution and the incorporated policies shall become effective upon adoption by the County Commission. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the 19th of March 2014. Mayor Sylvia Murphy Mayor pro tem Danny L. Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice tK Ln c Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Ma or SyhVa Murphy March 19, 2014 Code Lien Procedure ATTACHMENT A PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO PCMTE INJUNCTIVE RELIEF FOR NON -COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER Special Magistrate (SM) enters a Final Order imposing a compliance date, fines and/or costs after a finding of violation of Monroe County Code(s) by property owner (violator) or approving a Stipulated Agreement with an agreed upon compliance date and fine amounts. The Final Order of SM providing the compliance date, and imposing fines and/or costs is provided to the property owner as soon as practicable. Referrals, if not made previously, are made to other agencies in appropriate circumstances. 2. The Final Order of the SM is recorded by Code Compliance (CC) as a lien by Code Compliance within 14 days after the compliance date for those cases that have not achieved compliance. 3. The Final Order of the SM is recorded as a lien by CC within 45 days after the compliance date for those cases that have achieved compliance by the compliance date but have outstanding costs in excess of $200. 4. If compliance is not achieved within 75 days of the recording of the lien, then a re -inspection of the property is completed by the Code Inspector assigned to the case. If the property is still not in compliance then a demand letter including the current amount of fines and/or costs is sent to the property owner. 5. If compliance is not achieved within 90 days of the recording of the lien and/or the lien is not satisfied, then CC will research the subject property to determine: i. if the subject property is homesteaded; ii. if the subject property is the only property owned by property owner/violator; iii. what efforts, if any, the property owner has made to achieve compliance; iv. the amount of the lien accrued to date; and v. any other relevant factors, including but not limited to researching the status of the property owner, i.e. any Lis Pendens filed against the property or property owner, any pending or closed foreclosure actions, any open, pending or discharged Bankruptcy petitions. 6. CC staff shall provide a written memo or email to the County Attorney's Office (CAY) with the results of the research outlined and requested further action. 7. The CAY will review the information provided by CC staff. S. The CAY will move the SM per F.S. 162.09 for an Order authorizing foreclosure or a money judgment action; and, March 19, 2014 Code Lien Procedure i. The Code Compliance Liaison (Liaison) will schedule the motion for the next available SM hearing for a Motion for approval to proceed with a foreclosure and/or money judgment action; ii. The Liaison will mail a Notice of Hearing and Notice of Motion prepared by the Liaison and signed by the CAY to the property owner by certified mail noticing the owner of the date, time, place and the substance (collection action, foreclosure and/or money judgment and/or writ of attachment) of the motion; iii. The Liaison will email/calendar a re -inspection request to the assigned Inspector to conduct inspection prior to the next available SM hearing; iv. The Motion hearing is heard by SM on the specified date; v. If SM finds foreclosure or money judgment is appropriate, the Liaison will notice the property owner of the SM's ruling and email/calendar a re -inspection request to the assigned Inspector to conduct an inspection within 30 days of the SM ruling; vi. CAY will seek permission from the Board of County Commissioners to file for foreclosure or money judgment in court; vii. The assigned Code Inspector will continue to monitor the property for compliance through re -inspections every 90 days and attempts to notify the owner by a quick email letter, telephone call or demand letter every 90 days to inform them that the property is not in compliance and fines are running. The assigned Code Inspector will provide written updates to the CAY every 90 days. 9. Subsequent to the SM's ruling on the Motion, the CAY will place an item on the Commission's agenda seeking the Board's direction and authorization on further enforcement and collection efforts. Potential options for litigation include seeking injunctive relief, a money judgment for the unpaid fines, foreclosure, or other relief. Potential non -litigation options include referral to another agency, allowing liens to accrue, or other relief. 10. If the recommended legal action is referral to another agency, release of lien, or allowing liens to accrue, CAY will send a written memo or email to the Director of Code Compliance outlining recommendation. 11.Once authority is granted by SM and/ or Board of County Commissioners, CC will order a title search on non -homesteaded properties, and the assigned Code Inspector will conduct a re - inspection after receipt of the title search. Litigation will commence after the title search is completed and a current re -inspection is completed. The assigned Code Inspector will continue to monitor the property for compliance through re -inspections every 90 days and attempts to contact the property owner by a quick email letter, telephone call or demand letter every 90 days that the property is not in compliance and fines are running. The assigned Inspector will provide written updates to the CAY every 90 days. 12. If the Board decides not to authorize injunction or enforcement litigation, a decision from the Board could include direction to: i. Allow lien to remain filed and accrue interest until sale or refinancing; or ii. Release the lien; or iii. Request CC staff to provide a progress report on compliance efforts annually at the March BOCC meeting. Exception Af a violation poses a serious threat to the public health, safety & welfare then immediate permission to file an action for an inspection warrant, injunction and/or demolition may be sought with BOCC direction. March 19, 2014 Code Lien Procedure