Item Q07I I i I I I a
WI I
Meeting Date: March 18, 2015 Division: County Attorney
Bulk Item: Yes X No - Staff Contact Phone #:-Steve Williams 305-289-2500
FIT-01 31011711 y y 010 ILIA701 IN U fel"W1111114 ITIMA111 Lei 12($1111 It4ts-l"PRI 14 !43.111 f.3 Wiwi WS31
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ITEM BACKGROUND:
This property has been the subject of a code compliance case for failure to hook up to central
sewer. The fines total $20,0000.00 as of February 18, 2015 and will continue to accrue at $100
per it until compliance is achieved.
CE13100165: The Special Magistrate found the property in violation and ordered a compliance
date of August 1, 2014. The property owner did not gain compliance by the deadline ordered by
the Special Magistrate and the fine began to accrue on August 2, 2014. The County's lien was
recorded on July 16, 2014. The code case remains open for non-compliance and failure to pay
outstanding fines and costs.
• The property is not homesteaded.
• The property owner does not own additional property.
• No efforts towards compliance have been made to date.
• There are no Lis Pendens or pending foreclosure actions at this time.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, 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 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.
TOTAL COST. Apm. $2500.00 INDIRECT COST: BUDGETED: Yes X No—,
DIFFERENTIAL OF LOCAL REFERENCE: ...........
COST TO COUNTY: SOURCEOFFUNDS: 148-5000318
REVENUE PRODUCING:
APPROVED BY: County Atty OMB/Purchasil
DOCUMENTATION. Included X Not Required
Risk Management __.,
DISPOSITION: AGENDA ITEM #
E
County of Monroe
Code Corn-,tliance
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: MORALES ALVARO
1027 ADAMS DR
KEY LARGO, FL 33037
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114YAMIKR41 tgj1R1Vj1vj_qU' to] hal to] IsTimo -MUMS , I Ito W11 I I I 1 Ine re
52
20-78.(a) - MANDATORY CONNECTIONISEWER
FAILURE TO MAKE THE MANDATORY CONNECTION OF THE
ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM.
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
SEWER LATERAL CONNECTION PERMIT.
CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN AN
ABANDONMENT PERMIT.
ALL PERMITS AND CONNECTIONS WILL REQUIRE PASSING FINAL
7��PECTIONS FROM ALL APPROPRIATE AGENCIES.
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate. -in the above case on 03/27/2014 at 9:00 AM at the Monroe County Government
Regio I , �enter, 2798 Overseas Hwy., Marathon, Florida.
Z"
(,/) You can avoid attending the hearing if all violation(s) noted above are corrected by 03/26/2014
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is
not corrected by the time specified, the case may be presented to the Special Magistrate even if the
violation has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(I
[aresents a serious threat to the public health, safety, and welfare or is irreparable or irreversible ig
riature, therefore no compliance date has been provided. This case may be presented to the Specig
Magistrate even if the violation(s) have been corrected prior to the hearing. 0
"'M01
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The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
7e1eat violation(s) have been corrected prior to the hearing.
in s at violation(s) Have occurrea, ffie—n�ffe—Yp-e—ci-aT-iTfa—g-i-sFr-ale may impose
fines, not to exceed $ 1,000 per day per violation for a first violation, $ 5,000 per day per violation for �
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
Rdditional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct :6jour
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
7epresented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
13--Mta zgzwk&�Z-* v12win
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need
ensure that a verbatim record of the proceedings is made, which shall include the testimony
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Speci
Magistrate's Final Order.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
SCH )ENROCK, TRACI
Code Inspector
Lower keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
0)
*D1 114 0 1 W I to] e to I a Ll a -11VA-M
I hereby certify that a copy hereof has been fumished to the above named addressee(s) by Certifie?
Mail, Return Receipt Request No.: 7010 2780 00018688 7623 on 0
40e fi(AA
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AN
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY A
THE MONROE COUNTY COURTHOUSE. IR
ADA ASSISTANCE: If you are a person with a disabty who needs special accommodations in
irder to participate in this proceeding, please contact the County Administrator's Office, by
F?honing (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar
fays prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ".
9
MONROE COUNTY FLORIDA
7 L
RECEIPTS
Complaint Number: CE 3\6 (%� -- - ---------------- -
Alvaro Morales
1027 Adams Dr
Key Largo, FL 33037
CEj3jo0J65/N0VN0WrS
4 _TJ_ UeUl
AFFID"IT OF POSTING
ffmn��=
1, LISETTE CUTIE, Monroe County Code Compliance, declare under penalty of perjury, that I posted the
property owned by: MORALES ALVARO, described as 1027 ADAMS DR, KEY LARGO, FL 33037, having
the property REM 00551005000900 with the Notice of Violation/Notice of Hearing for this case with a
Hearing Date of 03/27/2014 .
THIS NOTICE WAS POSTED AT:
SUBJECTIPR(4PERTY AS STATED ABOVE
Date: f I Time:
- Monroe County Courthouse - 500 Whitehead Street, Key West, Floridn
Date: Time:
Monroe County Courthouse - 3117 Overseas Highway, Marathon, Florida
Date: Time:
PlantationKW Courthouse - 88820 Overseas Highway, Tavernier, Florida
Date: Time: � I
"50 - I -"'t
Signature: M,
Sworn to and subscribed before me this t;'1_'1)daJ1
URENEMY RIGBY
Notary Public - State Gf FlorIda
•My
Comm, Expires Sep 5, 2014
Conm issw 0 EE 17941
, ,,, d Through National Notary Assn,
1, BRENEDY RIGBY, Monroe County Code Compliance, declare under
tuplicate copy of the above -mentioned Notice via First Class Mail to: N
DR, KEY LARGO, FL. 33037.
61m=
Sworn to and subscribed before me this to- day of
I - 11 - - I .
-1 F11 I W-0 am -10M I I YZA V-11 9 - I A
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon., Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: CHERYL L. BURM #527777
BEN-EZRA
ATTORNEYS FOR PLAINTIFF
2901 STIRLING RD., STE 300
FT. LAUDERDALE FL 33312
IRM130111", 11
Re Number: 00551005000900
Location: 1027 ADAMS DR,KEY LARGO, FL 33037
K=4=—
'3101 0DWRI I I'MAW
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Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PLEASE TAKE NOTICE that a Public Hearing
Magistrate in the above case on 03/27/2014 at 9:00 AM
Regienal Center, 2798 Overseas Hwy., Marathon, Florida.
will be conducted by the Special
at the Monroe County Government
You can avoid attending the hearing if all violation(s) noted above are corrected by 03/26/20
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation
not corrected by the time specified, the case may be presented to the Special Magistrate even if
violation has been corrected prior to the hearing. I
ftyu
9111
qu W
The Code Inspector has reason to believe violation(s) or the condition causing the violation(,
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible
nature, therefore no compliance date has been provided. This case may be presented to the Spec'
Magistrate even if the violation(s) have been corrected prior to the hearing. 11
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance %Nrith the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
'T'ou may request a continuance of the hearing for good cause shown. If you choose to request a
continuance - a written re2uest on the Couriffs form the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulati
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, conta
I
the Code Inspector listed below at least five (5) business days before the date of the hearing. A reque
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important th
you contact your inspector listed below. 1
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need
ensure that a verbatim record of the proceedings is made, which shall include the testimony
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Speci
Magistrate's Final Order. 1.3
10
M WWWWW"W` Q, 161' 1 11
SCH -- NROC Cl
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
XD1 lit 9 1 al
F hereby certify that a copy hereof has been furnished to the above amed addressee(s) by Certifiez
Mail, Return Receipt Request No.: 7006 2150 00014769 3029 on
Code Compliance Departm'e—
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE ANT
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY ANT
THE MONROE COUNTY COURTHOUSE. I
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 11711 ".
K
r,
County li' Monroe
• Overseas Highway
Florida0
NOTICE OF # ! #'HEARING
! I 10# I '
4
05
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1.NUI t
MORALES" #;
Re Number:00551005000900
Location: 1 1 1", YCEY # FL 33037
CaseNumber: CE13100165
You are hereby notified that an investigation of the above property was initiated on 12/27/2013 and
?ubsequently found the following violation(s)of !
1MANDATORY CONNECTION/SEWER
FAILURE MANDATORY#
ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM.
Corrective
Action Required:
CONTACT THE `
"..'� COUNTY BUILDING DEPARTMENT AND
■OBTAIN i;
SEWER LATERAL CONNECTION PERMIT.
CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN AN
ABANDONMENT
B A ! PERMIT.
ALL PERMITS AND CONNECTIONS WILL REQUIRE PASSING FINAL
INSPECTIONS FROM ALL APPROPRIATE AGENCIES.
PLEASE
Public
Hearingwill be conducted 1 Speci
Magistrate in the above on I 09:00 AM at the
Monroe +1Governme
Regional 2798
Overseas
Marathon,i 1
avoidYou can attendingthe hearing if all violation(s)above 1 " by 03/26/201
" you have contacted your inspector. If a violation" and then recurs, or f
not corrected by r " the case may be presented to the Code Enforcement Speci
Magistrate- " prior to the hearing. I
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
1 11
.11 too
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar
days prior to the scheduled meeting; if you are hearing or voice impaired, call
N
COURTESY NOTIFICATION
0-IM
rAl"M In 1-11
[Mailing address]
Dear Property Owner:
This letter is to remind you that a 30 day Mandatory Connection Notice will be sent to you in
August, 2010. If you have not connected before the mandatory connection date, you will still
be charged for wastewater service to your property.
As you proceed to install your lateral connection to the central wastewater system, please remembm
that you must obtain an Approval to Proceed letter from the District, a Health Department Perm'
'I
and a County Building Department Permit beforc beginning construction. It is also yo
responsibility to properly abandon your current onsite sewage treatment and disposal system aft
the District begins to receive and treat your sewage. The abandonment must be coordinated with
Health Department, which will assist you with completing your permit.
Before you permanently connect your house to the system you must contact the
District office at 305-451-4019 so that we may open your valve and begin to
receive sewage from your property.
If you are a condominium owner, this notice may not apply to you. Please contact your Association
management for additional information.
mmm
IMF'
Charles F. Fishburn
General Manager
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KEY LARGO WAXTEWATER TftMVV_q7_Fj:W DtwRtar
Seim NW, KEY LARGIO, FL 33037
PQWQFFMKWW49UKEYLAM%FLQRU)A
PHONE (300 451-ft19 FAX(3004834W
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WWW.KLWTD.COM
Date-, June 18, 2013
AK� 1674940
Morales Alvaro
1027 Adams Dr
Key Largo FL 33037
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If your property is vacant or has been combined with another piece of property, please notify us at 30i
.451-4019 or email us at caroIwC&_kIwtd.com.
Our records show that you have not connected to the Key Largo Wastewater Treatment District System.
.-You have been given an extension and that has run out. If you feel that you need more time please
q9tontact the KLVVTD Office, If we do not hear from you in two weeks from the date of this letter your
property will be referred to Monroe County Code Compliance for action.
If you have completed the connection process, please contact this office and give us the property's
Alternate Key Number (AK) which is located at the top of this letter.
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If you have extenuating circumstances, please contact the office= The contact is Carol Walker, Distri
Clerk at 305-451-4019 Ext 205, email is carolw(Mklwtd.com.
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Morales Alvaro
1027 Adams it
Key Largo, Fl 33037
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if your property is vacant or has been combined with another piece of property, please notify us at 305-
451-4019 or email us at c LaroIwPkIwtd.c0m.
Our records show that you have not connected to the Key Largo Wastewater Treatment District System
You have (30) thirty days from the date of this letter to connect or your property will be referred to Monr
County Code Compliance for action.
If you have completed the connection process, please contact this office and give us the property's
Alternate Key Number (AK) which is located at the top of this lefter,
Monroe County has a Community Development Block Grant (CDBG) available for qualified middle-to-lo
income owners. The grant will pay for the connection, The application is available on our Wesbite
(KLWTD,com) and at the office (98880 Overseas Hwy Key Largo). I
if you have extenuating circumstances, please contact the office. The contact is Carol Walker, Distri
*%-,Ierk at 305-451-4019 Ext 205, email is qa—r:,�b �@Khvt�dc(!M-- I
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927 Adams Dr
Key Largo, Fl 33037
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(Domestic
Mail Onl.
For dailvery
Informalli
1674940
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The Key Largo Wastewater Treatment District will soon be sending you a
30-day notice to connect. On the day you receive the notice you may make
your final connection to the sewer by calling your licensed plumber to
connect if you have contracted the job out, or, if you are working on a
homeowner's permit, by calling the District (305) 451- 4019.
Whether or not you connect within the 30-day time limit provided in the
notice, you will begin to be billed for sewer service as part of your water bill
after the 30 days have elapsed.
If you live in a condominium. your condo association will take care of the
connection, and you do not need to take any other action on your own.
The Key Largo Wastewater Treatment District will try to make the
connection process as simple for you as possible, but remember there will be
many others trying to do the connection work at the same time, so please be
patient. We have written materials explaining the connection process, and
we will be glad to assist you in completing needed paperwork. Please call or
stop by the District office.
If you have questions, or if you think this reminder does not apply to you,
please call the District office.
T&WN HALL MEET"
JANUARY 30, 2007 AT 5:30 PM
Of 01-1i, -7.11-lilke-
Key Largo Library,
in the Tradewinds Shopping Center
for the
112-11-111
Lake Surprise, Lake Surprise 11, Largo Hi -Lands, Sexton
Cove, Ocean isles Estates
The property owners and residents in the subdivisions listed above and all oth
interested citizens are invited to a Town Hall Meeting for information on thl
upcoming sewer project in their neighborhoods.
The Key Largo Wastewater Treatment Board of Commissioners and Staff will b,
represented at the meeting.
There will be a presentation explaining how the area will be divided up f
construction. What will be expected of the contractors and what will be expecte
' 14
10 the residents. Specific topics to be covered include: presentations
scheduling, specifications of installation for homeowners and contractors,
explanation of the assessment process. An open forum to answer questions wi
follow.
Handouts will be provided to the attendees. If you are planning on attending the
meeting please call the District office at 305-453-5804 to let them know to better
--nable them to have enough of the handouts for all attendees.
We are looking forward to seeing everyone at the meeting. If you are unable to
attend the meeting please log onto our website (www.l<jwtd.com) for the
information that was covered at the meeting.
MM"11 -TIMMM!
lrmmi Fill E114p) 44MAM PleritwoA
A A
NOTICE OF PUBLIC HEARING REGARDEIG
4,11 urziLM-11 JILSM W_T_Vi&1&_ 4 1E.11 A SSMENT RESOLUTIOW
The Board will conduct a public hearing at 4:00 PM, or as soon thereafter as the matter
can be heard, on September 21, 2010, at the District Office located at 98880 Overseas Hwy, Key
Largo, FL to consider amendments to the District non -ad valorem assessment resolution, the
District General Rules and Regulations, the District resolution provng for monthly rates and
charges for wastewater collection, transmission, treatment, and disposal, as shown in the attached
draft resolutions, and such other issues as may come to the attention of the District.
If you have any questions, please contact the District Clerk at 305-451-4019 ext 20
Monday through Friday between 8:00 a.m. and 5:00 pm. i
KEY e g�jiljgg"? WASTEWATER TREAMMMUNCT
SWOERUM HWY, KEY iAi" 3303-1
MTOFFICEWX49t, KEY LARM FLORMA MT
PHOM (30s) 4$3-SM FAX, (30S) 03-M7
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To Whom It May Concern:
olk�
wAll lots on the Island of Key Largo vacant or occupied will be assessed for t
sewer. Connection to the Sewer is mandatory under Florida Law, Mo
County Ordinance, and District Policy. Prior to connection,, the District wi
nro
send you a "One -Year Notice, stating that you will be required to connect i, ,I
about a year. The District will send you a "Thirty -Day Notice" at least 3
days before you are required to connect. Wastewater charges will commenc
on the date specified in the Thirty -Day Notice whether or not you hav -
connected to the system.
VACANT PROPERTY
The District assesses all tax parcels within the assessment area. It is up to the tax parcel owner to
I„Irequest removal from the assessment roll.
The District will remove a tax parcel from the assessment roll if the owner shows that the tax parcel ha.±
not been improved and cannot be developed with facilities that will generate sewage.
You can make this showing by demonstrating that the property is marsh, wetland, submerged land, or
nature conservatory. You may be required to provide a letter from the Monroe County Planning
Department stating that the parcel cannot be developed.
If you believe that your property should not be assessed because it cannot be developed, please contact
the District, which will help you understand the types of documentation that will be accepted.
VACANT PROPERTY BESIDE YOUR PROPERTY RECEIVING SERVICE
If you have vacant land that is adjacent to your property that will be receiving service and you have
chosen to treat the parcels as a single parcel, even if you have not combined the parcels for property tax
purposes, you may file an application to have the District treat the parcels as a single parcel for
assessment purposes, meaning that you will be assessed for only one of the parcels. There is a fee for
this application. If you later choose to have the District provide service to the vacant parcel the District
is advising the undersigned that, if they or their successors desire to have wastewater service provided
to any of the Excluded Parcels the cost to the District, and the cost to the undersigned persons or their
successors, of providing the service will be significantly greater than the costs of providing service at
this time;
We encourage you to contact the District for assistance with your assessment
Jim