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Item P2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 20, 2015 Bulk Item: Yes No X TIME CERTAIN 2 PM Division: County Attorney Department: Code Compliance Staff Contact /Phone #: Steve Williams/292-3470 AGENDA ITEM WORDING: Discussion and direction at the request of the property owner, Alicia C. Geer, for a reduction in the outstanding code fines imposed in code case CE07090260. ITEM BACKGROUND: As a result of Code Case CE07090260, an Order Imposing Fine and Lien was recorded as a Lien on behalf of the County on August 5, 2009. After receiving a demolition permit for FEMA compliance (14303737), completing the work, and passing all required inspections on January 13, 2015, Ms. Geer achieved compliance. As a result, a daily fine of $150.00 per day accrued for 2028 days (June 25, 2009 - January 13, 2015), for a total fine amount of $304,200.00. To date, the costs incurred in prosecuting the case are $371.62 and continue to accrue until the case is closed. Therefore, the current amount of the Monroe County Lien is $304,571.62 ($304,200.00 fines and $371.62 costs). A letter was sent to the property owner February 21, 2015. This letter included the maximum fine reduction allowed by staff per resolution 148-2008; $76,421.62 ($76,050.00 fines and $371.62 costs). On February 23, 2015, staff received a request from Ms. Geer to appear at the March 18, 2015 BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: On May 21, 2008 the BOCC passed and adopted resolution 148-2008 adopting a maximum amount for the reduction of fines by staff after the property has been made compliant. On March 18, 2015 the BOCC continued this item at staffs request. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Accept the reduced amount of $76,421.62 ($76,050.00 fines and $371.62 costs), for 60 days and provide a Full Satisfaction and Release of Lien upon payment. After 60 days amount will revert to the full amount. TOTAL COST: INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes _ No APPROVED BY: County Atty 40 DOCUMENTATION: Included BUDGETED: Yes SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Not Required. Risk Management DISPOSITION: AGENDA ITEM # Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 299-2810 FAX: (305) 299-2536 County of Monroe Growth Management Division We stove to be caring, professional; mid fair. MEMORANDUM Board of County Commissioners Mayor Danny L. Kolhage, DisL I Mayor Pro Tern Heather Carruthers, Dist 3 George Neugent, Disk 2 David Rice, Disk 4 Sylvia J. Murphy, Dist 5 TO: Steve Williams, Assistant County Attorney FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst DATE: February 27, 2015 SUBJECT: Request for additional reduction in fines CE07090260, 229 ABERDEEN CT KEY LARGO SUMMARY: The County has received a request from Alicia C. Geer, the property owner, to address the BOCC, asking them to further reduce the amount of fines beyond Staff s authority. CASE CE07090260 BACKGROUND: On September 20, 2007 the property owners applied for and were issued a permit (07304120) for a Flood Insurance Inspection of enclosed areas below base flood elevation for the renewal of their flood insurance policy and FEMA compliance. On October 15, 2007 the subject property was inspected. A community inspection report and letter of deficiencies, giving the property owner 60 days to achieve compliance, was mailed to property owner October 17, 2007. Research revealed no demolition permits or requests for reinspection, therefore on November 13, 2008 a reminder letter was mailed certified mail giving the property owner 30 days to achieve compliance before a referral to code compliance was made. The certified mail was signed for by the property owner on November 15, 2008. On January 8, 2009 the Floodplain Administrator referred the case to the code compliance department. As a result, a Notice of Violation/Notice of Hearing was mailed to the property owner on January 12, 2009 via certified mail. The mail item was returned to the County unclaimed, Therefore, the subject property was posted on March 20, 2009 for the property owners to appear at the April 30, 2009 Special Magistrate Hearing. The hearing was held and the Special Magistrate found the property owner in violation of Monroe County Code and imposed a compliance date of June 18, 2009 with a review hearing June 25, 2009 if compliance was not achieved. Compliance was not achieved and a review hearing was held June 25, 2009, and Special Magistrate imposed a daily fine of $150.00 to accrue beginning on June 25, 2009. Additionally, the Order Imposing Fine and Lien was recorded as a Lien on behalf of the County on August 5, 2009. On July 2, 2014 the property owner was sent a Notice of Motion/Notice of Hearing certified mail for a hearing to be held July 17, 2014. The certified mail was signed for by the property owner on July 3, 2014. A hearing was held and the Special Magistrate issued an Order Authorizing Foreclosure. On August 13, 2014, the Building Department received a permit application for demolition for FEMA compliance. The permit (14303737) was issued on September 15, 2014 and the work was completed and passed required inspections on January 13, 2015, thereby achieving compliance. As a result, a daily fine of $150.00 per day accrued for 2028 days (June 25, 2009 - January 13, 2015), for a total fine amount of $304,200.00. Per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $371.62 and continue to accrue until the case is closed. Therefore the current amount of the Monroe County Lien is $304,571.62 ($304,200.00 fines and $371.62 costs), and a letter was sent to the property owner February 21, 2015. This letter included the maximum fine reduction allowed by staff per resolution 148-2008; $76,421.62 ($76,050.00 fines and $371.62 costs) On February 17, 2015 staff received a request from Ms. Geer to appear at the March 18, 2015 BOCC meeting. STAFF RECON01ENDATIONS: Accept the reduced amount of $76,421.62 ($76,050.00 fines and $371.62 costs), for 60 days and provide a Full Satisfaction and Release of Lien upon payment. After 60 days amount will revert to the full amount. Attachments: Letter from Flood Insurance Company Application and Permit for Inspection Inspection: Floor Plan diagram and photos Community Inspection Report Letter of Deficiencies Reminder Letter Violation referral Notice of Violation/Notice of Hearing Posting affidavit and photos Final Order Order Imposing Fine and Lien Notice of Motion/Notice of Hearing Order Authorizing Foreclosure Permit 14303737 calculation of days Permit 14303737 Fine Screen Mitigation Letter Request to be heard at BOCC Resolution 148-2008 FIDELITY NATIO' ►L PROPERTY AND CASUA,-.Y INSURANCE COMPANY 12/12/06 Flood Policy Number: 09 7700235989 03 ROY W AND ALICIA C GEER 229 ABERDEEN CT TAVERNIER FL 33070-2831 Property address: 229 ABERDEEN CT (if different than mailing) TAVERNIER FL 33070-2831 Dear Flood Insurance Customer: Effective December 1, 2000, changes were made to your Flood Insurance Policy to support a Community Inspection Procedure of the National Flood Insurance Program (NFIP). The requirements of the Community Inspection Procedure will only apply to your building if it is in a Special Flood Hazard Area and has been identified as a possible violation of your community's floodplain management ordinance. The inspection procedure was established to help local officials in your community verify that structures comply with the community's floodplain management ordinance and to ensure that property owners pay Flood Insurance premiums that accurately reflect the risk of flooding. Local officials in your community have identified your building as being a possible violation of the community's floodplain management ordinance. An inspection of your building by the community is a requirement before your current Flood Policy can be renewed. You are responsible for contacting the community to arrange for the inspection of your building. If your property is located in unincorporated Monroe County, contact the Growth Management Division of Monroe County at (305) 289-2518 to make an appointment for your inspection. Property owners in the Village of Isalamorada should contact the Village's Building Department at (305) 664-2345. Property owners in the City of Marathon should contact the city's Building Department at (305) 743-0033. Two copies of the Community Inspection Report will be provided to you after the inspection. One copy of the report must accompany your renewal bill and premium to permit the renewal of your Flood Insurance Policy. We will review the information provided by the inspection report to ensure that your policy is rated correctly. If it is discovered your policy is rated incorrectly, you will be given the choice of paying additional premium or accepting lower limits of coverage. POLICY INFORMATION: POLICY INFORMATION FAX CLAIMS: CLAIMS FAX P.O. BOX 33003 / ST PETERSBURG. FLORIDA 33733-= P.O. BOX 33054 / ST PETERSBURG, FLORIDA 33733MM 14KC-820-3242 1-80D-85 1-800-7254KM 1-M-2704320 FLOOD INSURANCE RUPECTIONAND COMPLIANCE PROGRAM APPLICATION FOR INSPECTION Monroe County Growth Management Division Please Rrhd or type only Application No. Q Owner��y /7��/l9 C�E�� Phone Number: c3�s oZO�OS�� Received By: Date Q Property Des 7t1"9M" Key, K� /Lot ` Block RE#Subdivision%% % .e b Vo14, F MM Flood Zone A Property Address:-Gr1V (.: I Mailing Address !2 -e— Authorized Agert: Address Phone Number . _.... .. ___... .._ . ... _ FFE OU OR YOUR CONTRACTOR WILL BE CONTACTED WITIBTi 10 TO 14 ORKING DAYS FROM THE DATE THIS APPLICATION AND APPLICATIONE IS OR TO SET UP AN APPOR VIENT FOR THIS INSPECTION. ***COBDIUNITY INSPECTION REPORTS WILL NOT BE ISSUED IF INSPECTOR IS DENIED ACCESS TO ANY PORTION OF ENCLOSED AREAS BELOW THE BASE FLOOD ELEVATION.***************** INSPECTION FEE: $50.00 Receipt Date , Owner/Contractor Building Official / Ass't Bldg Official APPLICATION FEMA FLOOD INSURANCE INSPECTION Revised Last pried &2=511:n:Ot MONROE COUNTY BUILDING r =PARTMENT BUILDING PERMIT rAppled:fG9/20/2007PrePamdbr'itarleyEateIssued /20/ 007 er It o.:073041.:0 mitType:FEMA INSP COMPLIANCE PROGRAM Section Twnshp. Range Re 0 Remo 1 Resub 2 27 62 38 004801130 0100 093 Address Land th i District Reviewed bv LOT 262 AMENDED PLAT OF HAMMER POINT PARK URM ubdMmon Name Address LOT 262 AMENDED PLAT OF HAMMEb owner's Name 1 Address ! Telephone Oerleral cam actol GEER ALICIA C (Q) & ROY W GEER ALICIA C (Q) & ROY W 229 ABERDEEN CT 229 ABERDEEN CT TAVERNIERFL 33070 TAVERNIER, FL 33070 3058520655 Sub Contractor SEE ATTACHED PAGE FOR SUBCONTRACTORS ConWuctlon ! BFE I FFE Water Source Flood Map Panel NO, Flood VE13 ! Units Sq. Ft Valuaft RES 0 SO. RE schedule of Fees FEE DESCRIPTION FEE AMT AMT PAID BALANCE DUE INCOME FROM PERMITS 50.00 50.00 0.00 ----------------- ------ FEE TOTALS *** 50.00 50.00 0.00 229 ABERDEEN CT —HAMMER POINT FEMA INSPECTION —INSURANCE NOTICE OF COMMENCEMENT NOT REQUIRED sxf*xxxxxxxxxxxxxxxxxxxxxxxxxx,ex****x+rxxxxxxxxxxxx BY 0 2-2-(� /43 A-Armez N 10/15/07-FEMA Geer -229 Aberdeen Ct.- Hammer Point Park—re#00480113.000100 PLAINTIFF'S 10/15/07-FEMA-Geer -229 Aberdeen Ct.- Hammer Point Park—re#00480113.000100 10/15/07-FEMA-Geer -229 Aberdeen Ct.- Hammer Point Park—re#00480113.000100 m IM I ALOCIM 10/15/07-FEMA-Geer -229 Aberdeen Ct.- Hammer Point Park—re#00480113.000100 N M bA-r4vu►rn 10/15/07-FEMA-Geer -229 Aberdeen Ct.- Hammer Point Park—re#00480113.000100 MI Office of the Director 2798 Overseas Highway Suite #400 Marathon, FL 33050 Voice: (305) 289-2517 FAX: (305) 289-2854 County of Monroe Growth Management Division We strive to be caring, professional and fair COMMUNITY INSPECTION REPORT Board of County Commissioners Mayor Mario Di Gamaro, Dist 4 Mayor Pro Tern Dixie Spehar, Dist 1 George Neugent, Dist 2 Charles McCoy, Dist 3 Sylvia Murphy, Dist 5 LEGAL DESCRIPTION AND PARCEL ID #: 00480113.000100 Lot 262 Hammer Point Park, Key Largo NAME: Geer, Alicia INSPECTION DATE:1)--/I f ADDRESS: 229 Aberdeen Court, Tavernier, FL 33070 INSURANCE COMPANY NAME: Fidelity National POLICY#: 7700235989 FIRM ZONE: AE 9' This is to certify that the above referenced property has been inspected for compliance with the Monroe County Floodphnn, Management Ordinance Division 6, Section 9.5-315, 9.5-316 and 9.5-317. BUILDING OCCUPANCY: X 1 to 4 family non-residential 5 or more family number of floors METHOD OF ELEVATION. (circle one): Piers, post, Piles, solid perimeter walls, reinforced concrete shear walls, i forceed masoury�piers -r co umns. - IS THE ENCLOSED AREA USED FOR OTHER THAN PARENG, BUILDING ACCESS OR STORAGE? X_YES NO IF YES DESCRIBE: AL: W rrAf i0-1A-r- l4 Q rrr-,t',k DOES THE AREA BELOW THE ELEVATED FLOOR CONTAIN MACHINERY AND EQUIPMENT: NO WHAT TYPE (circle one): Furnace, beat pump, hot water heater, oil tank, elevator equi t,�amr co�� washer, dryer, food freezer other equipment or machinery serving the bui ing (specify)' Size of enclosed area: Co 72 square feet. IS THE AREA BELOW THE ELEVATED FLOOR ENCLOSED USING: BREAKAWAY WALLS SOLID WOOD FRAME WALLSYMASONRY OTHER (explain) IS ENCLOSED AREA CONSTRUCTED WITH COMPLIANT OPENINGS (excluding doors and windows) TO ALLOW THE PASSAGE OF FLOODWATERS? _YESVC NO IS ENCLOSED AREA BUILT WTTH MATERIALS RESISTANT TO FLOOD DAMAGES? _YES_NO DOES THE ENCLOSED AREA HAVE MORE THAN 20 LINEAR FEET OF FINISHED WALLS, PANELING, ETC.? )( YES NO . / INSPECTION PERFORMED BY :�j L� ur [t��. C .�Ae'r-.F. Photos_ 0 County of Monroe Suite 300 � I Mayor Mario DI Genrar% Dist. 4 2798 Overseas Highway Mayor ProTem We Spur, D19L i Marathon, Florida 33050 Voice: (305) 269 2510 Chores Neuger D 2 miles "Sonny" McCoy, y, Dist 3 Fax: (305) 2W2515 Sylvia Murphy, DLtit. 5 October 17, 2007 RE#: 00480113 000100 NAME: Alicia Geer ADDRESS: 229 Aberdeen Court, Key Largo, FL 33037 DATE OF INSPECTION: October 16, 2007 DATE: October 17, 2007 Enclosed please find two (2) Community Inspection Reports required by the National Flood Insurance Program in order for you to renew your flood insurance policy. One Inspection Report must be submitted with your flood insurance renewal Premium. The other report is for your records. YOUR FLOOD INSURANCE WILL BE RENEWED BY RETURNING ONE OF THE ENCLOSED COMMUMTY DUPECTIONREPORTS. Additionally, this letter will serve to report the findings of the community inspection that occurred on October 16, 2007 which provided you with the community inspection report for your National Flood Insurance renewal. During the inspection the following deficiencies were observed: (l. The enclosure is finished: There is paneling, wainscoting and tiling, in the enclosed area below the base flood elevation. Section 9.5-317(b)(1)d.(iii) require materials used below base flood meet the standards outlined in FEMA's Technical Bulletin 2-93 "Flood Resistant Materials Requirement". This Technical Bulletin specifies that these materials are meant to exclude the use of materials and finishes normally associated with living areas. The paneling, and tiling are associated with living areas and the pannelingl is not flood - sistant. EXHIBIT b=o4sp5pron 0 0 Solution: Remove the paneling, and all other interior finishes. If the file is clay tile it is listed on the FEMA 2-93 Technical Bulletin and may remain (2. The enclosed area is air conditioned Section 9.5-317(b)(1)d.(iv) states: "Enclosed areas below elevated building must be void of utilities that service the building and cannot be temperature controlled". Solution: Remove the A/C. (3. The area has been constructed for habitational uses Section 9.5-317(7) of the Monroe County Floodplain Management Ordinance states: "No enclosure below the base flood elevation shall be constructed or equipped for such uses as a kitchen, dining room, family room, recreation room, office, bedroom, bathroom or workshop." The limited storage space has been constructed as a bedroom and bathroom Enclosed areas below elevated buildings with a floor below base flood elevation may only be approved for limited storage, parking of vehicles and entryways. Limited storage is defined as the storage of lawn mowers, rakes, wheelbarrows and similar outdoor equipment. Limited storage does not apply to household items such as furniture and appliances. Solution: Remove the finishes, bathroom partitions, including stud wall frames, plumbing, plumbing fixtures and piping, sinks, vanities, refrigerator, appliances, cabinets and coutertops, bathroom, bedroom, funiture and all electrical located below base flood elevation and return to "limited storage and parking only. No habitation, no plumbing, electric or mechanical equipment, no bathroom partitions, or finishes." All areas where plumbing and piping is removed must be repaired. Pour concrete into and over where the plumbing was in the floor, and concrete or cbs blocks over the openings where the plumbing was in the 11- -". .. 1*1 C�7 walls so as to have continuous floor and walls where the remains of the plumbing are no longer visible. (4. The enclosed area is Partitioned into separate rooms The Monroe County Floodplain Management Ordinance Section 9.5- 317(b)(1)d.(iv) states the "interior portion of an enclosed area below an elevated building may not be partitioned off into separate rooms, except that garages may be separated from storage and entryways." Solution: Remove the partitions walls, around the bathroom including the stud walls. The partition wall separating the two rooms was originally shown on the plans for the enclosure therefore, you are not required to remove that partition wall. (S. There are insuftlent Rood vents Section 9.5-3170(1)d.(iii) require the walls of any enclosed area below base flood elevation be constructed with openings which permit the level of floodwaters within the enclosed area to match the rising and falling of floodwaters on the outside of the structure. A minimum of (2) openings located on separate walls (not in doors) shall be provided having a minimum total NET OPEN AREA of one (1) square inch for each square foot of enclosed area, where the enclosed area is calculated by outside dimensions. Openings shall be situated such that the bottom of each opening is no higher than (1) foot above finished grade. Solution: Your enclosure is 672 square feet and you haveno flood vents. You must instll 672 square inches of NET OPEN AREA flood vents. If you apply louver covers you reduce NET OPEN AREA and you would have to adjust the number or size of the vents according to the manufacturer's specification for NET OPEN AREA for the vent you choose. However, the original plans were approved with breakaway walls construction. Therefore, it is not necessary to correct the vent area if you choose not to. You may wish to consult with your insurance agent. Your flood insurance premium may be higher and there may be a cost benefit to install flood vents. If you decide to install the correct amount of NET OPEN AREA vents, please call me for assistance. EXHIBIT F -r d o I have enclosed copies of the "Intent of Storage" and "How to Obtain a Demolition Permit". You must apply for and obtain a demolition permit to return the enclosure to an unfinished, unpartitioned limited storage area pursuant to the approved set of plans. You should contact me within 60 days from the date of receipt of this letter. After the lower enclosure has been brought into compliance, we will provide another inspection at no charge and re -issue two amended "Community Inspection Reports". Failure to comply may result in code enforcement proceedings and cancellation of your flood insurance policy. Please call me at (305) 289-2518. Thank you for your cooperation. Sincerely, Dianne Bair CFM Special Projects Administrator Growth Management Division 0 1 0 County of Monroe Growth Management Division Office of the Director 2798 overseas Highway Suite #400 Marathon, FL 33050 Voice: (305) 289-2517 FAX: (305) 289-2854 We stove to be caring, professional and fair 11/13/08 Alicia Geer 229 Aberdeen Ct. Tavernier, FL 33070 DUO-8—f Mayor Charles "Sonny" Mc Coy. Dist 3 Mayor Pro Tenn Mario of Gcnnao, Dist 4 Dixie Spehar, Dist I George Neugeat. DisL2 Sylvia Murphy, DisL 5 RE: Flood Insurance Inspection for Lot 262, Hammer Point Park, RE# 00480113.000100 Dear Ms. Geer, In October 2007, Monroe County performed a Flood Insurance Inspection on the parcel referenced above. You were issued two Community Inspection Reports and received a letter addressing the deficiencies. The letter provided direction to you to contact this office within 60 days, and obtain a reinspection. The letter provided direction to you to contact this office within 60 days, and obtain a reinspection. As of this date, no reinspection has been scheduled. This letter is to officially inform you that in accordance with the Implementation Plan for the Monroe County Flood Insurance Program approved by the Monroe County Commission and the Federal Emergency Management Agency (FEMA), the County has no choice but to submit this information for Code Enforcement Proceedings. If you have corrected the deficiencies, and are ready for a reinspection, please contact our office no later that December 4, 2008. If we do ncA hear from you by that time we will 7EX 01 G refer this matter to Code Enforcement. You can reach us at 305 289-2866 or 289-2518 to arrange for your reinspection. Thank you for your attention to this matter. S cerely, Mary Wingate, CFM Plans Review Technician HISIT �l' O ri ra - mTOW FOBWP tt 3';�: ¢ i ��J � u� ' .iill„� - t: • is a a ci = �a, a tip � '� - Complets iterns 1. 2. ands JeD CMVW Item 4 if Restricted Ddvwy le dodmc . Print Your name and address an the reveres so that we can rehmr the card to you. D Mach this cad to the back of the nagpism or cn the front B apace pwmlta 1. Mtift Addrassad to: Alicia Geer 229 Aberdeen Ct. Tavernier, FL 33070 A. by (RMd MHnW I. got D. is der m adder ddterant fiom them 17 13 l6s H YE% eater ddvwy address below: M No a � Matl p l�egeemad Hearn RaoNp fw Mwdmndhw o Insured Mall O C.O.D. 4. PA$b ated DdWaryR #Nma Faeit 0 vbs 2. Aidub MUNtIar 7003 3110 0002 3849 291 PS Form 3811, Fetmary 2IM4 DWMN o Rehae RKOW N Maroe County Code Edorcemmt Monroe County, Florida VIOLATIONS REFERRAL FORM TO: Code Enforcement REFFERED BY: Dianne Bair DATE: 1/8/09 TYPE OF VIOLATION: The enclosure is constructed for habitation 9.5-317(b)(7), the enclosure is finished 9.5-317(b)(1)d(iii), there is more than limited storage within the enclosure 9.5-317(b)(1)d, the enclosure is air conditioned 9.5 317(b)(1)d(v), the enclosure is partitioned 9.5-317(b)(1)d(v) ACTION TAKEN: COMMENTS: Following a flood insurance inspection ofl0/16/07, owner was notified of violations. An additional letter was sent to remind the owner of the violations on 11/13/08. There has been no contact from the owner. PERMIT NUMBER: C22879 SFR, 893-2621 enclosure OWNER OF PROPERTY Geer, Alicia LEGAL DESCRIPTION: Lot 262 STREET ADDRESS 229 Aberdeen Ct. ZONING URM SUBDIVISION Hammer Point Park KEY Raccoon RE # 00138450.900000 od 4 9 0 t i PLEASE ATTACH ANY DOCUMENTS, (COPY OF STOP WORK/VIOLATION NOTICE OR NAMES OF ANY CONTRACTOR/SUB-CONTRACTOR OR WORKER(S) INVOLVED IN THE VIOLATION, ANY OTHER NOTICE ISSUED TO PROPERTY OWNER), PICTURES, ETC., PERTAINING TO THIS VIOLATION. i*J NROE COUNTY CODE ENFORC a.,c HEARING NOTICE OF VIOLATION/NOTICE OF - RING TO: GEER ALICIA C (Q) & ROY W 229 ABERDEEN CT CASE NUMBER; CE07090260 TAVERNIER, FL 33070 RE NUMBER: 00480113000100 LOCATION : 229 ABERDEEN CT TAVERNIER, FL 33037 DEAR PROPERTY OWNER / TENANT, You are hereby notified that an inspection of the above referenced property on found violations of the following Monroe County Section (s) : *9.5-317 (b) (1) d AS PER THE LETTER PROVIDED TO YOU FROM THE FLOOD PLAN MGR. DATED: 10/16/07, YOUR DOWNSTAIRS ENCLOSURE IS IN VIOLATION OF THE FOLLOWING ITEMS: I. PROHIBITED FINISHES (TILE, DRYWALL...) 2. MORE THAN LIMITED STORAGE 3. TEMPERATURE CONTROLLED - A/C 4. USED FOR HABITATION S. THE ENCLOSURE IS PARTITIONED Corrective Action Required: OBTAIN AN AFTER THE FACT PERMIT OR DEMOLISH AS REQUIRED AND OBTAIN ALL REQUIRED INSPECTIONS. IF YOU WERE PROVIDED A LETTER FROM THE FLOOD PLAIN ADMINISTRATOR, ALL REQUIRED QUESTIONS CORRECTIVE ACTION IS INCLUDED IN THIS LETTER. IF YOU HAVE REGARDING THIS LETTER; PLEASE CALL 305-289-2866. TO AVOID FINES AND/OR COSTS OF prosecution as per Chapter 162 F.S. all violations noted above must be corrected by 03/19/2009 IT IS YOUR RESPONSIBILITY TO CALL YOUR INSPECTOR AND REQUEST A RE -INSPECTION. If you fail to correct the above described violation(s) by the above date, or if you wish to contest the alleged violation(s), you must appear before the Special Magistrate as stated below. ** NOTICE OF ADMINISTRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 04/30/2009 at 9 AM Monroe County Government Regional Center, 2798 Overseas Hat the Florida. The purpose of this hearing is to determine if in fact, awy,hviola- tion currently exists, the appropriate action to be taken, and any fines or penalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED ON YOUR PROPERTY You may appear in person and/or be represented by an attorney. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. *IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. Should you seek a continuance of your administrative hearing, the presiding officer may grant a continuance of a hearing'for good cause shown. Except in cases of emergency, requests for continuance must be made at least FIVE working prior to the date noticed for the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request. Pursuant to F.S. Chapter 162.09(2)(d), your failure to correct the violation(s) may result in the impositon of a fine, not to exceed $1,000 per 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 local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Date: 01/12/09 Code Enforcement Inspector I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified mail, Return receipt Request No. 7008 1140 0001 4454 3284 Coe n orcemen Department Please contact your inspector at the appropriate Lower Keys: 1100 Simonton St., (Rm. 1-171), Key West, FL 33040 (305)292-4495 Middle Keys: 2798 Overseas Hwy. Marathon, FL 33050 - (305)289-2810 ,/Upper Keys: 88820 Overseas Hwy.Tavernier, FL 33070 (305)852-7135 If you are a person with a disabilit to participate, you are entitled, at of certain assistance. Please contact days of your receipt of this notice. call 711. y who needs any accommodation in order no extra cost to you, to the provision this office at (305)289-2509 within 2 If you are hearing impared, please Monroe County Code Enforcement Office of the Liaison 2798 Overseas Hwy. Marathon, FL 33050 Phone: (305)289-2509 (305)289-2858 IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE•COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE MONROE COUNTY, FLORIDA CODE ENFORCEMENT DEPARTTVIENT I 9w— Ln w ru MONROE COUNTY CODE ENFORCEMENT^ MONROE COUNTY, FLORIDA AFFIDAVIT OF POSTING I, LINK, DIANE / _ °, p w , Monroe County Code Enforcement, dew re Ubder penalty of perjury, that I posted the property owned by: GEER ALICIA C (Q) & ROY W and parcel being described as: 229 ABERDEEN CT with a property ID RE#: 00480113000100 WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Monroe County Courthouse - 500 Whitehead St, Key West Marathon Courthouse - 3117 Overseas Hwy, Marathon Plantation Key Courthouse - 88820 Overseas Hwy, Tavernier This posting was for a: N tice of Violation Case #: CE07090260 Notice of Hearing Date• • Time Signature:— 1- Swo. to and subscribed before me this day of . 2008. Nottq Pubec state a RMS x'Y Pub c , ate o lori a Nota Gno K Reeder My Commission DOW147 a Egkee 10f2 M12 I� de 4 nalty of perjury, that I mailed a -cate copy o mentioned notice N 'via first- s mail to: 9 4.e TAVE , FL 33070 subscribed fore m "°• day of Notary Public, State of Florida ----------------- MONROE COUNTY CODE ENFORCEMENT MONROE COUNTY, FLORIDA AFFIDAVIT OF POSTING i I, LINK, DIANE / , ,Monroe County Code Enforcement, declare under penalty of perjury, that I posted the property owned b : GEER ALICIA C (Q) & ROY W and parcel being described as: 229 ABERDEEN CT with a property ID RE#: 00480113000100 WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Monroe County Courthouse - 500 Whitehead St, Key West Marathon Courthouse - 3117 Overseas Hwy, Marathon Plantation Key Courthouse - 88820 Overseas Hwy, Tavernier This posting was for a. tice of Violation Case #: CE00902X0 No tice of Hearing 31 n/ A Date: Time: Signature: -- Sworn, to and subscribed before me this day of UA(AK- 2008. NohryFu�loSmmofPloride No aiy Public, State of Flori a Oraee K Reader MY DD033147 a� Expires10=P=012 1, L K, declare under penalty of perjury, that I mailed a duplicate copy of the above mentioned notice via first-class mail to: 229 ABERDEEN CT, TAVERNIER, FL 3 070 Signature: Sworn to d subscribed before me this day of RKJ____ , 2008. Not Public Me of Florida Notary Public, State of Florida ana K Reeder Elti My Corru DZ BS3147 E* Z W O 0" _O �a 006 • ' > w LL 00 � U� 00 2 ZU wQ 0 a 1 \ t7\ I rt± BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No. CE07090260 ALICIA C. & ROY W. GEER, ) Respondents. ) FINAL ORDER This case was heard at public hearing before the Code Enforcement Special Magistrate on April 30, 2009, at the Monroe County Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida. Having fully considered the evidence presented at hearing, including testimony of witnesses under oath, the following findings of fact and conclusions of law are made: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The Respondents are the owners of record of property located at: LOT 262 AMENDED PLAT OF HAN E R POINT PARK KEY LARGO. (RE#: 00480113-000100), 2. The Respondents were duly noticed of the hearing, and 3. The above -described property is in violation of the Monroe County Code as described in Exhibit "A," which is attached hereto and incorporated herein. Therefore it is • ' _� � 1� �41��I�:�l�i �l� l . Respondents are found to be in violation of the Monroe County Code as described in Exhibit "A", and are ordered to correct all violations on or before June 18, 2009 (hereinafter referred to as the "Compliance Date') and attend a compliancelreview hearing to be held on June 25, 2009. 2. Upon complying, Respondents shall notify the Code Inspector in this case, who shall re -inspect the property and, if the property is determined by the Code Inspector to be in compliance, notify the Code Enforcement Department. 3. Noncompliance by the Compliance Date may result in the imposition of a fine for each Code violation and for each day after the Compliance Date that Respondents are in violation. 4. Pursuant to Section 162.07, Florida Statutes, costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative recovery of the costs of prosecuting and investigating this matter. Costs will continue to accrue until compliance is achieved. 5. In the event of nonpayment of fines and costs imposed on Respondents, a certified copy of an order imposing fine may be recorded in the public records and shall thereafter constitute alien against the land on which the violation or violations exist and upon any other real or personal property owned by the violators. NOTICE OF RIGHT TO JUDICIAL REVIEW This Final Order may be appealed pursuant to Section 162.11, Florida Statutes, by an aggrieved party, including Monroe County. Any such appeal will be limited to appellate review of the record created before the Special Magistrate. Any appeal must be filed with the Circuit Court within 30 days of the date of the execution of this Final Order. K 0 6111�1111' EXHIBIT "A" VIOLATION: COUNT 1. Section *9.5-317(b)(1)(d). As per the letter provided to you from the flood plan mgr. dated 10/16/07, your downstairs enclosure is in violation of the following items: 1. Prohibited finishes (tile, drywall...) 2. More than limited storage 3. Temperature controlled — A/C 4. Used for habitation 5. The enclosure is partitioned. CORRECTION: COUNT 1. Obtain an after the fact permit or demolish as required and obtain all required inspections. If you were provided a letter from the flood plain administrator, all required corrective action is included in this letter. If you have questions regarding this letter please call 305-289-2866. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305) 453-8806 Middle Keys (305) 289-2810 Lower Keys (305) 292-4495 Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. KI o c� BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) ) Vs. ) ALICIA C. and ROY W. GEER, ) Respondent. ) Dock 1753867 08/05/2N9 2:48PH Filed 8 Recorded In Official Records of MONROE COUNTY DANNY L. KOLHAGE CASE NO. CE07090260 DacN 1753867 BkN 2426 PoN 64 ORDER IMPOSING FINE AND LIEN This case was heard at public hearing before the Code Enforcement Special Magistrate on June 25, 2009 at the Monroe County Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida Having fully considered the evidence presented at hearing, including testimony of witnesses under oath, a Final Order was entered finding Respondent in violation of Monroe County Code 9.5-317 (b)(1)d. Respondent was ordered to correct the violations on or before June 18, 2009, (hereinafter referred to as the "Compliance Date 1. Respondent was also informed that failure to correct the violations by the Compliance Date would result in the imposition of fines and costs. Finally, Respondent was informed that a certified copy of an order imposing fine could be recorded in the public records and would thereafter constitute alien against the land on which the violations exist and upon any other real or personal property owned by Respondent if the property was not brought into compliance. Having failed to correct the violations on or before the Compliance date, it is ORDERED: 1. Respondent shall pay to Monroe County, Florida a fine beginning June 25, 2009 for each violation of the Monroe County Code in the amount of $150.00 (ONE HUNDRED FIFTY DOLLARS), for each day after the Compliance Date that Respondent is in violation; and the costs for the prosecution and investigation of this matter, 2. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS EXIST AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY RESPONDENT; 3. THE VIOLATIONS EXIST ON THE FOLLOWING DESCRIBED PROPERTY: LOT 262 AMENDED PLAT OF HAMMER POINT PARK KEY LARGO. (RE#: 00480113-000100). 4. Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of the Courts for Monroe County, Florida DONE AND ORDERED this ay of July, 2009, at the Division of Administrative NOTICE OF RIGHT TO JUDICIAL REVIEW 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 the Circuit Court within 30 days of the date of the execution of this Order. MONROE COUNTY OFFICIAL RECORDS County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2858 ALICIA C & ROY W GEER 229 ABERDEEN CT TAVERNIER I L 33070 July 02, 2014 Subject: Code Case: CE07090260 Location: 229 ABERDEEN CT TAVERNIER, FLORIDA Dear Property Owners, Board of County Comminiopers Mayor Sylvia Murphy, Dist. 5 Mayor Pro Tem Danny L. Kolhage, Dist 1 Heather Carruthers, Dist 3 David Rice, Dist 4 George Neugent, Dist 2 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 July 17, 2014. 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 in sor- lees: a ®tin - ov 305-289-2586 - BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE J'OHN VAN LANINGRAM MONROE COUNTY,FLOREDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE07090260 ALICIA C GEER and ) ROY W GEER, ) Respondent(s). ) 1 NOME OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY jUDgMENT PROCEEDINGS & NO CE 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 August 5, 2009, Book 2426, Page 64 on the property that was the subject of the code compliance action described as: 229 ABERDEEN CT TAVERNMR, FLORIDA, Monroe County, RE# 00480113-000100, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of July 2.2014 is 2 9 950.00 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on July_ 17, 2014 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. Lisa Granger Assistant County Attorney 1111 J e Street Suite 408 Key West, Florida 33040 (305) 292-3470 Fla. Bar No.: 0619310 CE[CATE OF SERVICE ADA ASSISTANCE: H 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 9:30 am. - 5:00 p.m., no later than ten (10) calendar days prior to the scheduled meeting; if you are bearing or voice impah-ed, call 91711". MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE 096 GOOD SERVICE: NO SERVICE: ------------------ cc n.j Postage S 0 Certified Fee C3 Raturn ROCSIPI Fee Postmark C3 (Endorsement Required) Hem C3 r3 Restricted Delivery Fee (Endareement Required) UP 13 M Tatai r ALICIA C GEER & ROY W GEER ru Serer PC 229 ABERDEEN CT C3 TAVERNIER, FL33070 cry CE07090260 NOH Collections BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. ALICIA C GEER and ROY W GEER, Respondent(s). Case No.: CE07090260 ORDER AUTHORIZING FORECLOSURE A Order Imposing Penalty was entered in this matter and was thereafter recorded as alien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this Government Center, Marathon, Florida. ohn Van Lanin al Magistrate CERTIFICATE OF ORDER 'fy that is a true and correct copy of the above Order. Nicole M. Petrick, Liaison 20ZY, at the Marathon 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 Respondent(s) address of record w/ the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative -J - on this 171W day of 20 Nicole M. Petrick, Liaison TO: Date In CORRECTIONS REQUIRED Date out # of da s application 8/13/2014 08/13/14 to kl code 8/13/2014 08/15/14 to marathon code 8/15/2014 08/19/14 4 to flood 8/19/2014 2014-08-19 - CANNOT APPROVE THIS DEMO FOR FEMA COMPLIANCE PERMIT UNTIL THE FOLLOWING IS CORRECTED: 1. SUBMITTED "BEFORE" PLAN DOES NOT SHOW ENTIRE ENCLOSED AREA BELOW ELEVATED BUILDINGM ONLY SHOWS THE SIDE THAT CONTAINS THE BATHROOM AND BEDROOM. EMAI LING CONTRACTOR 8/19/14-MW 8/28/14 RECIEVED CORRECTED PLAN 08/28/14 to upper keys bid 8/28/20 41 08/29/141 1 to electric 8/29/20 41 08/29/14 to exam 8/29/2014 08/31/141 2 to plumbina 8/31/2014 09/04/141 4 to mech 9/4/2014 09/04/14' to final 9/4/2014 09/09/14 to official 9/9/2014 09/12/14 to read 9/12/2014 09/12/14 0 30 READY 9/12/2014 09/15/14 3 ISSUED 9/15/2014 01/13/15 12 FINAL INSP 1/13/2015 f P:1Calculate number of days 14303737 Geer.xlsx PERMIT INFORMATION PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY. BEFORE WRITING ANY CHECKS, PLEASE CALL THE BUILDING DEPARTMENT TO CONFIRM. Permit Number 14303737 RE 00480113000100 Permit Type 106 Balance Due $0.00 Property Address 229 ABERDEEN CT Status Closed Permit I Plan Reviews I Inspections I Fees I Contractors I All ALL PERMIT PERMIT INFORMATION Application Date Issued Date Master Number C.O. Number C.O. Issued C-404 Type Applied Value Calculated Value 08-13-2014 Operator Operator Project Number Operator Usage Class Units Contractor ID parkere 09-15-2014 MTCCSRI RES 1500 400 0 09675 PROPERTY ON PERMIT RE OD480113000100 Unit Address 229 ABERDEEN CT City/State/Zip KEY LARGO, FL 33070 OWNER ON PERMIT Name LEER ALICIA C (Q) Et ROY W Address City/State/Zip TAVERNIER, FL 33070 Type Private APPLICANT No Applicant Information on file for this permit 229 ABERDEEN COURT -HAMMER POINT PARK DEMOLITION FOR FEMA COMPLIANCE NOTICE OF COMMENCEMENT NOT REQUIRED THIS PERMIT IS APPROVED AS A DEMO FOR FEMA COMPLIANCE FOR THE GROUND LEVEL ENCLOSURE TO INCLUDE THE FOLLOWING: 1. DEMO BATHROOM PARTITIONS INCLUDING STUDS. THE PARTITION BETWEEN THE GARAGE AND STORAGE MAY REMAIN. 1.ff..-//en....m..n...mn...... 41....../e/5....Dl.•n/ ;+/- ..:+ .11.......9..d....:. . 1A4A"2'F96.:d—MAOA111MAIM '1MI"Al 9 Permit Information - Permit 14303737 Page 2 of 4 L DEMO ALL PLUMBING PIPE WATERLINE FIXTURES, CABINETS, COUNTERS, APPLIANCE AND FURNITURE. THISy _ W..n, ..._. ._ ,..,..._ ... INCLUDE APPLIANCE IN THE GARAGE SECTION OF THE ENCLOSURE AS WELL 3. DEMO ALL WALL PANELING. NO FINISH MAYBE REPLACED UNLESS ENTIRE ENCLOSURE IS MADE COMPLIANT WITH THE VENTING REQUIREMENTS. 4. DEMO WALL A/C AND REPAIR LOCATION *"PLEASE NOTE THAT THIS ENCLOSURE IS BEING MADE COMPLIANT WITH THE ORIGINAL PERMIT BUT IS STILL CONSIDERED NONCONFORMING AS NO VENTS ARE BEING ..... x INSTALLED. THEREFORE, THE ENCLOSURE MAY NOT BE IMPROVED OR REPAIRED FROM DAMAGE OF ANY ORIGIN UNLESS THE VENTING IS CORRECTED. N IN ADDITION TO THE REQUIRED BLDG INSPECTIONS, A REINSPECTION IS ALSO REQUIRED FOR THEO FLOOD INSURANCE INSPECTION PROGRAM, INCLUDING PHOTOS, IN ORDER TO CLOSE THE FLOOD INSPECTION FILE AND IN ORDER TO NOTIFY CODE COMPLUINCE THAT THE VIOLATIONS HAVE BEEN REMOVED.-MW httn-//nonvtnnnnnP nvmtv_Aonv/n(.nvAlnc/wnnit/—a 4 a11acnv9nar it nn lAAni777Ani.i=f1nditf1111nnnim )/71/7f1i% Permit Information -Permit 14303737 Page 3 of 4 NO PLAN DEVIATION ALLOWED WITHOUT A REVISED PERMIT. DEEMED NON -DEVELOPMENT. DEO EXEMPT. PLAN REVIEWS Details Revision Stop Number Status Status Date Reviewer Notes CODE COMPLIANCE MARATHON I P 08-19-2014 WINDSORK 6 CODE COMPLIANCE KEY LARGO 1 L 08-15.2014 RIGBYB ELECTRICAL I N 08-31-2014 KASPRZAA 0 BUILDING Ciii. .. ... ....... 0-14MTCSTRUC 0 FlNAL REVIEW FLOOD PLAIN MANAGEMENT 1 p 08-28-2014 WINGATEM 32 MECHANICAL 1 N 09.04-2014 TUGWELLP 0 BUILDING OFFICIAL 1. . .... . A 09-12-2014 WILLIAMA 1 PLUMBING I P 09-04-2014 TUGWELLP PERMIT READY TOISSUE 1 L 09-12-2014 WILLIAMA 107 UPPER KEYS BUILDING DEPT 2 L 08-29-2014 MALDONAM UPPER KEYS BUILDING DEPT 1 L 08-13-2014 PARKERE 0 FEES FEE ID UNITS QUANTITY FEE AMOUNT PAID TO DATE B- B PLAN EACH REVIEW 1.00 0.00 0.00 B- 0 EDUC FLAT RATE 1.00 2.00 2.00 B- I C APPL ... FLAT RATE 1.00 50.00 50.00 ii-li6EMO400.00 50.00 50.00 CONT-INVES FLAT RATE 1.D0 11.00 11.00 DBPR UNITS 390.00 5.27 5.27 DBPR RE ED UNITS 390.00 0.59 0.59 DCA UNrTs- 390.60- 5.27 5.27 DCA REED uNns 390.00 0.59 0.59 E- 0 EDUC FLAT RATE 1.00 2.00 2.00 E- 1 MIN ` UNITS 1.00 50.00 50.00 f-'iPLAN EACH 1.060 50.00 50.00 LDR FEMA FLAT RATE 1.00 140.00 140.00 P- 0 EDUC FLAT RATE Nmm 1.00 2.00 2.00 - I MIN P DOLLARS 1.00 50.00 50.00 T_ I FLAT RATE 1.00 3.00 3.W;- TOTAL FEES: TOTAL PAID TO DATE: $421.721 PENDING PAYMENT: BALANCE: CONTRACTORS GENERAL CONTRACTOR General Contractor I CBT CONSTRUCTION Et Address City/State/Zip Phone Work Camp Expires License Expires P 0 BOX 701057 TAVERNIER, FL (305) 852-3002 12-31-2015 09-30-2015 Contractor ID 109675 Insurance Expires 04-28-2015 Status A SUBCONTRACTORS / PROFESSIONALS CATEGORY ID PC 05901 COMPANY/DBA BAYSIDE PLUMBING rt MAINTENANCE OWNER/QUALIFIER LEE, JANET GENET INSPECTIONS .. . ... A -d-r-DI-1-41-4 -11 newv7wsw..b ._ I A1A2"'M-;A--nnA9n1 12rIMI nn 7171 nni 4 Permit Information - Permit 14303737 Page 4 of 4 TYPE NUM INSPECTOR SCHED DATE INSP DATE INSP TIME RES CONFIRM NOTES FEMA- COMPLIANCE u.„._�.-.� 1 SA 01-30-2015 01-30-2015 P _ 20160022 27 FINAL DEMO ... _._.�. 2 SA 01 "' a"�'g� P .gym. -- ..s 20160021 0 FINAL DEMO 1 SA 01 13 2015 01-1 1 20157999 0 FINAL BUILDING 1 �M-M-2015 P p Your privacy is important to us, for more Informatlon we our privacy oollcy. Copyri& ® 2007 - THE PLUS SERIES ® - All Rights Reserved btin-//nonvmnnnwvenomfv-flaw/PrInvPhic/wrmit/no ;+ allaenv9normil n lA,2nA72M"; ==nM4n111r1M1M )ninntc Code, 1rliforce rent Fines MONft()L (0UN I Y' ` : • � � �'� a�1 � ivr« �>' Case hdamation Ordnance code 1224.(bx1)D) Dabs Ordered D09.. Comply By Fine Start 06 04Fne NwnberofDays �20?B SuspendedDays CwrenlFne 304M W Compbed Date SethAmount ON Settle Date AmountPaid Q00 Date Paid 009 150.0m �— 0 1n3rMS R Continuous Suspend Day County of Monroe Growth Management Division Code Compliance Department 2799 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 299-2536 ALICiiA C AND ROY W GEER 229 ABERDEEN Cr TAVERNIER, FL 33070-2831 February 21, 2015 Subject: Code Case: CE07090260 Subject Property: 229 ABERDEEN CT KEY LARGO Dear Property Owner(s), Board of Conpty Comiukdoners Mayor Danny I. Ko%age, Disk l Mayor Pro Tom Heather Canuthass, Disk 3 George Neugent, Disk 2 David Rice, Disk 4 Sylvia L Murphy, Disk 5 As you know, an Order Imposing Fine and Lien dated July 8, 2009 was recorded in the Monroe County Clerk's Office on August 5, 2009 as a lien on behalf of Monroe County at Book 2426, Page 64. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real and/or personal property you own. This case was deemed compliant on January 13, 2015 with the completion and passing of all required building department inspections on permit 14303737. Therefore a daily fine of $150.00 per day accrued for 2028 days (June 25, 2009 - January 13, 2015), for a total fine amount of $304,200.00. Additionally, per F.S. §162.07(2), if the local governing body Prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $371.62 and continue to accrue until the case is closed. Therefore the current amount of the Monroe County Lien is $304,571.62 ($304,200.00 fines and $371.62 costs). The County staffis authority to reduce fines is very limited once a lien is filed. Ater reviewing the circumstances of your case and in an effort to amicably resolve the amount of the lien, the County will accept the minimum amount allowed, $76,421.62 ($76,050.00 fines and $371.62 costs), and provide a Full Satisfaction and Release of Lien. (At this time County staff is limited to a 75% reduction of the fines by resolution. Any reduction in the fine amount lower than that would have to be approved by the Board of County Commissioners.) You can resolve this matter by remitting a check or money order for payment in full within thirty (30) days to: Monroe County Code Compliance Department Attention: Nicole Petrick 2798 Overseas Highway, Suite 330 Marathon, Florida 33050 The County will then provide a Release and Satisfaction of lien to you. It is then your responsibility to record the Release and Satisfaction with the Clerk of Courts in Monroe County. Failure to remit payment within 30 days will result in a referral to the Monroe County Attorney's Office for further action. Respeldly yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor-kathleenQhnonroecounty-fltgov 305-289-2586 2 Windsor -Kathleen From: Alicia Geer <alicgeer@yahoo.com> Sent: Sunday, February 22, 2015 9:26 AM To: Windsor -Kathleen; Alicia Geer Subject Re: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 Thank you for your response. If I wanted to go in front of the Board on March 18 (if possible), would I send you a copy of my letter via email by the 3rd of March? Please advice. If there is a chance to go on the 18th to Marathon, I would appreciate it Otherwise I would then see if I can go 5/20 up here in Key Largo. Please advice. Thank You again for all your help Alicia Geer From: Windsor -Kathleen <Windsor -Kathleen a@monmecounty-fl.gov> To: 'Alicia Geer' <alicgeer@yahoo.com> Cc: Williams -Steve <Williams-Steve@MonroeCounty-FLGov> Sent: Saturday, February 21, 2015 2:52 PM Subject: RE: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 Hello Alicia, (Please confirm receipt of this email.) Although the attached letter with the final amount of the lien, and the maximum reduction allowed by staff will be mailed, I wanted to email it to you also. I know you have mentioned that you wanted to address the BOCC. If so please prepare a letter to the BOCC asking for a reduction and include any specifics or extenuating circumstances you would like them to consider. I will include this letter in the backup material. Also, please include what meeting your would prefer and we will make every attempt to have it heard on that date. I have attached the meeting schedule for your review. I hope this helps. Kathleen Windsor, CFM Fema Certified Floodplain Manager Monroe County Sr. Code Compliance Research Analyst 2798 Overseas Highway Marathon FL 33050 Phone: 305-289-2586 windsor-kathlsenD-monroscount f-fl.aov 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. From: Alicia Geer [maiito:alicgeer@yahoo.com] Sent: Tuesday, February 03, 201512:23 PM To: Alicia Geer, Windsor -Kathleen; Wingate -Mary Subject Re: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 Thank you for your prompt response. My question now is when can I go In front of the board. Do you have any idea yet? Thank you so much for all your help with this matter. Alicia Geer From: Alicia Geer <al!coeerddlvahoo.com> To: Windsor -Kathleen <Windsor-Kathleen0monmacounty-fl.00v>; Wingate -Mary <w!naate-marvgbmonroecounty fl.00v>; Alicia Geer <alicaeerftvahoo.com> Sent: Wednesday, January 7, 2015 6:20 PM Subject: Re: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 The room is finished!!!!! Finally ll!l The contractor wants my son to be there when the inspection is done. So what is my next step? Do I tell you when is the next day he is foo and see if you are available for the inspection? Please advice Thanks you Alicia C. Geer From: Alicia Geer <alicaeerAyahoo.com> To: Windsor-Kathleen<Wmdsor-KathleentMmonroecounty-fl.aov> Sent: Saturday, December 20, 2014 3:57 PM Subject: Re: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 Thank you. For once In 8 years I get a break. My son is having someone take care of finishing the electric and we should be done. when he does that I will call Chris Trentine of CBT and make sure he says everything is done. Than I will contact you inmeidately so you can tell me how to precede. When in January is the BOCC? How fast are the inspections done? Thank you for contacting me Happy Holidays Alicia From: Windsor -Kathleen <Windsor-Kathleengbmonroecounty-fl.00v> To: 'Alicia Geer' <alicaeerftvahoo.com> Cc: Williams-Steve<Wiiliams-Steve(dlMonmeCounty-FL.Gov>; Morris -Peter <Morris-Peter(MMonroeCounty-FL.Gov>; Wingate -Mary <Winaate-Marvgbmonroecounty-fl.cov> Sent: Saturday, December 20, 201412:53 PM Subject: RE: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 Hello Alicia, Your case is on my schedule for the January BOCC agenda. However a check on the permit today reveals that there have been no inspections and the permit remains open. As you know, we cannot ask for a reduction in fines until after the violations have been corrected. Please let me know the status. I did also see that the bank vacated their final judgment of foreclosure and reinstated the note. Congrats on that. Kathleen Windsor, CFM Feme Certified Floodplain Manager Monroe County Sr. Code Compliance Research Analyst 2798 Overseas Highway Marathon FL 33050 Phone: 305-289-2586 windsor-kathleengi-knonroecounty fl.aov 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. From: Windsor -Kathleen Sent: Wednesday, October 08, 201410:18 AM To: 'Alicia Geer; Wingate -Mary Cc: Granger -Lisa Subject RE: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier So noted Alicia. I was not able to get your case on the October 15, 2014 BOCC meeting because it was changed to the 17t' I will be out of town. In any event, we cannot submit a request for a reduction of fines until the case is in compliance, so continue on with that as your goal and please prepare a letter to the BOCC asking for a reduction and include any specifics or extenuating circumstances you would like them to consider. Hopefully we can have this on the November 18, 2014 BOCC. I know you are anxious to get this resolved. Kathleen Windsor, CFM Fema Certified Floodplain Manager Monroe County Sr. Code Compliance Research Analyst 2798 Overseas Highway Marathon FL 33050 Phone: 305-289-2686 wndsor4mthleengkmonroscounty-fl.aov 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. From: Alicia Geer Imailtmalicceer0yahoo.coml Sent: Monday, October 06, 20141:32 PM To: Windsor -Kathleen; Wingate -Mary; Alicia Geer Subject: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier Hello ladies. We are almost done with the room but there are still a couple of things that need to be finished. I am trying to do this as fast as I can but when money is tight, things move real slow. I just wanted to let you know. If there is anything you need to know specifically please let me know. I can't believe how slowly this is going. Thank you Alicia Geer A RESOLUTION OF THE BOARD OF COUNTY COBOWISSIONIMS OF MONROE COUNTY, FLORIDA, SETTING A NMMIUM PERCENTAGE THAT WILL BE ACCEPTED TO SETTLE FINES AND COSTS KKPOSED IN CODE. ENFORCENMNT CASES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(11 Florida Statutes, and Monroe County Code Section 63-7 gives the spatial master appointed to hear Code Enforcement cases the authority to impose fines after a finding that the property owner has violated the Monroe County Code and that the pmpaty owner themsfter has not corrected the vidletion(s); and WHEREAS, under Section 162.09(3), Florida Staftrtes, and Monroe County Code Section 63 S. if the County prevails in procreating a ease before the special master, the County is also entitled to recover all costs incurred in prosecuting the came; and WHEREAS, a certified copy of the order imposing fines and costa bazimes a lien on real and personal property owned by the violator once recorded with the County Clerk; and WHEREAS, thereafter, the Comfy has the authority to initiate litigation for foreclosure of the Hen or for a moncyjudgmatat, and WHEREAS, in the altemstive, the County has the ability to enter into an agreement with the property owner to settle the matter on such tooms end conditions as the parties doom mutually acceptable, in order to resolve the matter short of litigation; and WHEREAS, the average cost of investigating and prosecuting a Code Enfartaxas case is at least $1.101.43, and the Code Entmr ement Department projects that 1,200 cam will be brought before the special master in the torrent final year. far a total projected cost of approximately $12 million; and WHEREAS, it is appropriate to defray the majority if not all of the coil through the collection of fines and cam fiam the actual property owners cited for the violations; and WHEREAS, it is advantageous for the County not to mitigate the fines and teats by a dgnifi=d amount at time of settlemeoso that the fines and costa will serve as a detment to other property owners not to violate the Monroe County Cock or so flint the imposed fiaas and costs will act as an incentive for the property owners found to have violated the Code to aura# the Code violations as quickly as possible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: Section I. It is hereby doclarod to be the policy of the County that the Carty will accept a minimum of twenp five percent (15%) of accrued fines and costs in settlement of Code F.nfinanert cases agar said tines and costs have been imposed by the special master. The County will not settle any fines or costa prior to campliance. section 2. Any resolutions concerning the policy of the County with respect to the percentage of fines and costs to he accepted in scalemert of Code Enforcement cases after said fines and rn rt CA L !r r c. cab have be® imposed by the Special Magistrate are hereby repealed and any contrary provisions of the Monroe County Code are hereby repealed. Seeder 3. Thin resohrtion shall Wm effect on Msy 21 , 2008. Se cdon 4. The Clerk of the Court is hereby directed to forward are (1) certified copy of this Resolution to the Division of Growth Mart. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Flaida. at a regular meeting of add board held on the v i of May, 2008. Mayer Mario IIiGepnazD,.j)AAtriet 4 Yes Commmssiom Dixie Spehar, District 1 Yes am Gcorp Nament. District 2 -7-01 • •onertharlas "Sonny" McCoy. Dist.3 •yM loner Sylvia Murphy. District 5 I. r Clerk BOARD OF COUNTY CONNISSIONERS OF MOdark- NR�UNTY BY. Maycr Mario Digemmro fl MONROE COUNTY ATTORNEY A ROV D►S �TO rpR ASSI _ ANTSCOU�NTY , R EY Gate_ Alicia C. Geer and Roy W. Geer Sr. 229 Aberdeen Ct. Tavernier, FL 33070 Code Enforcement Case CE07090260 March 12,2015 Dear Board Members, The reason for this letter is to explain my financial situation at this time. Before 2004, my husband made a good living and I worked for Monroe County Schools at Coral Shores High School in the Main Office. Unfortunately, in 2004 my husband was incarcerated in a federal prison where he still remains. We lost everything after that. Between the attorneys, not having my husband's income and both of my sons still in college, my finances hit rock bottom. My hours at school were cut almost in half. My home went into foreclosure. I kept fighting as hard as I could. In 2007 my downstairs room was inspected and I found out then that it was an illegal enclosure. I had no idea about this when we first bought it. My life was in such turmoil t this point, I did not even realize that a fine was adding up daily. I had no one to help me; no money to have the room demolished and thought I would lose the house at any time. As the years went by, I still kept fighting the foreclosure notices and the sale dates, all the while never getting any notifications about any fines being added in all these years. This past year, to my surprise, 1 was given the chance for a modification because now both my sons agreed to help me keep our home by giving me the money for the monthly mortgage payment of $2,800.00. 1 make around $2,400 a month with my retirement from school, social security and the Spanish interpreting I do on my own. My sons provide the rest of the mortgage and expenses. In the meantime, I have only been able to visit my husband in the Butner, North Carolina Federal Medical Facility twice since he was diagnosed with cancer. o, as you can see my financial situation is extremely tight. For these reasons I am asking you to please forgive my lien so that I can keep my home. Thank you so much Alicia C. Geer County of Monroe The Florida Keys March 19, 2015 Geer Alicia C and Roy W 229 Alberdeen Ct Tavernier, FL 33070 Subject: Code Enforcement Case(s) CE07090260 Dear Property Owner(s): BOARD OF COUNTY COMMISSIONERS Mayor Danny L. Kolhage, District 1 Mayor Pro Tern Heather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia J. Murphy, District 5 Please be advised that subject of the above referenced code enforcement has been placed on the agenda of the Board of County Commissioners meeting on May 20, 2015 in Key Largo (Murray Nelson Government Center) at 9 a.m. Respectfully yours, Jaclyn Carnago Paralegal Camago-iaclyLi@monroecogply-fl.gov cc: Steven T. Williams, Esq.