Item Q13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18, 2015 Division: County Attorney
Bulk Item: Yes No X Department: Code Compliance
Staff Contact /Phone #: Steve Williams/292-3470
AGENDA ITEM WORDING: Discussion and direction at the request of the property owner, George
W. Erio for a reduction in the outstanding code fines imposed in code case CE12020027.
ITEM BACKGROUND: As a result of Code Case CE12020027, a Final Order was recorded as a
Lien on behalf of the County on July 10, 2012. After receiving an after -the -fact (11300780) deck,
stairs and associated railing permit, completing the work, and passing all required inspections on
November 20, 2013, Mr. Erio achieved compliance of CE12020027. As a result, a daily fine of
$100.00 per day accrued for 525 days (June 14, 2012 — November 21, 2013), for a total fine amount of
$52,500.00. To date, the costs incurred in prosecuting the case are $338.40 and continue to accrue
until the case is closed. Therefore, the current amount of the Monroe County Lien is $52,838.40
($52,500.00 fines and $338.40 costs). On December 31, 2014 Mr. Erio submitted a letter asking for a
reduction in the fine amount. After reviewing the letter, County staff offered Mr. Erio the maximum
reduction allowed by staff per resolution 148-2008: $13,463.40 ($13,125.00 fines and $338.40 costs).
A letter was mailed to the property owner on January 15, 2015 extending this reduction offer for 60
days. On February 17, 2015, staff received a request from Mr. Erio 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 after the property has been
made compliant
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Accept the reduced amount of $13,463.40 ($13,125.00 fines and
$338.40 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: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
AMOUNT PER MONTH Year
OMB/Purchasing
Not Required
Risk Management
AGENDA ITEM #
Revised 7/09
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289-2810
FAX: (305) 289-2858
County of Monroe
Growth Management Division
We strive to be caring, professional, and fair.
MEMORANDUM
Board of County Commissioners
Mayor Sylvia Murphy, Dist. 5
Mayor Pro Tern Danny L. Kolhage, Dist. 1
Heather Carruthers, Dist. 3
David Rice, Dist. 4
George Neugent, Dist. 2
TO: Steve Williams, Assistant County Attorney
FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst
DATE: February 26, 2015
SUBJECT: Request for additional reduction in fines CE12020027, 878 LA PALOMA RD KEY LARGO
SUMMARY:
The County has received a request from George W. Erio, the property owner, to address the BOCC, asking them
to further reduce the amount of fines beyond Staff s authority.
CASE CE12020027 BACKGROUND:
On February 2, 2012, Code Inspector Bruno placed a Stop Work Order at subject property for the construction of a
wooden porch/deck and railing without required permits.
On April 9, 2012 research revealed that no building permits had been submitted to the Building Department,
therefore on April 18, 2012 and April 30, 2012 a Notice of Violation and a Notice of Hearing was mailed to the
property owner certified mail. Both items were returned to the County unclaimed and the subject property was
posted on May 14, 2012 for the property owner to appear at the May 31, 2012 Special Magistrate Hearing.
The hearing was held and no one appeared on behalf of the property owner. Subsequently the Special Magistrate
found the property owner in violation of Monroe County Code and imposed a compliance date of June 13, 2012
with a daily fine in the amount of $100.00 per day to begin accruing on June 14, 2012 if compliance was not
achieved. Compliance was not achieved and fines began accruing on June 14, 2012.
Additionally the Final Order was recorded as a Lien on behalf of the County on July 10, 2012.
On April 28, 2013 the Building Department received a permit application for an ATF, (after -the -fact) deck, stairs
and associated railing. The permit (11300780) was issued on June 26, 2013 and the work was completed and
passed required inspections on November 21, 2013.
Therefore a daily fine of $100.00 per day accrued for 525 days (June 14, 2012 — November 21, 2013), for a total
fine amount of $52,500.00.
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 $338.40 and continue to accrue until the
case is closed.
Therefore the current amount of the Monroe County Lien is $52,838.40 ($52,500.00 fines and $338.40 costs), and
an email was sent to the property owner December 17, 2013.
On December 31, 2014 Mr. Erio submitted a letter asking for a reduction in the fine amount and included the
extenuating circumstances he would like considered. After reviewing the letter, County staff offered Mr. Erio the
maximum reduction allowed by staff per resolution 148-2008, $13,463.40 ($13,125.00 fines and $338.40 costs).
A letter was mailed to the property owner on January 15, 2015 extending this reduction offer for 60 days.
On February 17, 2015 staff received request from Mr. Erio to appear at the March 18, 2015 BOCC meeting.
STAFF RECOMMENDATIONS:
Accept the reduced amount of $13,463.40 ($13,125.00 fines and $338.40 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:
Stop Work Order and photos
Notice of Violation/Notice of Hearing
Posting affidavit and photos
Final Order/Lien
Permit 13300780
Fine Screen
Permit 13300780 calculation of days
Email to Mr. Erio
Letter of circumstances from Mr. Erio
Mitigation Letter
Request to be heard at BOCC
Resolution 148-2008
MONROE COUNTY
STOP WORK ORDER
INSPECTOR DATE
BY: VCODE ENFORCEMENT BUILDING DEPARTMENT
CONTRACTOR'S NAME
PROPERTY OWNER'S NAME
STREET ADDRESS
LOT BLOCK SUBDIVISION.
PERMIT #
SPECIFIC DESCRIPTION OF WORK BEING DONE: ,
HAS THIS WORK BEEN COMPLETED? Yes I I No t,--,,,"0""'Partia1
Please bring this form to the Monroe County Building Department, along with a copy of
your Property Record Card (which may be obtained from the Property Appraiser's office)
and any other documentation pertaining to this project. Depending on the scope of the
work, the building department staff will be able to determine whether your project can
proceed with a permit AND/OR whether a demolition permit will be required. Your prompt
response to this notice is appreciated. "I
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Building Department offices are located at:
... ---- ....... . . ....
Govt. Center
88800 Overseas Highway
Tavernier, FL
Middle
Lower
Building Department
Room 2030
5503 College Road
852-7100 289-2501 Key west, FL 33040
292-4490
J
... . .....
Marathon Govt. Center
2798 Overseas Highway
Marathon, FL
For office use only: Flag placed vo,', DateLlilod 41 ��112- ,Initials
Flag removed Date Initials
(."ode Enfarcemewl'! office
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County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: ERIO GEORGE W Case Number: CE12020027
290 CROYDON LN
SPRING CREEK, NV 89815
Location: 878 LA PALOMA RD , KEY LARGO, FL 33037
Re Number: 00545770000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 02/07/2012
and subsequently found the following violation(s):
110-140.(1) - BUILDING PERMIT REQ/CH 6
A building permit is required for the deck work
and railing.
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).
( X ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 05/31/2012 at 9:00 AM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida.
( X ) You can avoid attending the hearing if all violation(s) noted above are corrected by 05/16/2012
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. �, 1 , . ®®
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
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 tmhoyappropriate location:
BR 0, L
Code 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 above named addressee(s) by Certified
Mail, Return Receipt Request No.: 7006 2760 0000 7002 2270 on 04/1/12 .
Code Complianc Departure
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar
days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 it.
C
MONROE COUNTY FLORIDA
CODE ENFORCEMENT DEPARTMENT
REGIS]
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Complaint Number: C
CERT #:
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County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
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To: ERIO GEORGE W Case Number: CE12020027
878 LA PALOMA RD
KEY LARGO, FL 33037
Location: 878 LA PALOMA RD , KEY LARGO, FL 33037
Re Number: 00545770000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 02/02/2012
and subsequently found the following violation(s):
110-140.(1) - BUILDING PERMIT REQ/CH 6
A building permit is required for the deck work
and railing.
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).
( X ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 05/31/2012 at 9:00 AM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida.
( X ) You can avoid attending the hearing if all violation(s) noted above are corrected by 05/16/2012
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.
+'ajltijj4 0 6)
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
P
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0
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:
BR O, LYNN -
Code 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 above named addressee(s) by Certified
Mail, Return Receipt Request No.: 7010 2780 0001 7746 1214 on 04/ /12 .
.,A
Code Complianc Departme
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar
days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ".
CODE ENFORCE
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MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE12020027
1, _ _ , Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: ERIO GEORGE W , described as 878 LA PALOMA RD , KEY
LARGO, FL 33037 , having the property RE#: 00545770000000 with the Notice of Violation/Notice of
Hearing for this case with a Hearing Date of 05/31/2012 .
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date:M s Time:
Monroe County Courthouse — 500 Whitehead Street, Key West, Florida
Date: Time:
_ Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida
Date: J.-~- Time: _ r
Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida
Date: Time:
271 Signature:
Swo day of � _ , 20 .
�.•��r`'R'�7BondedThrough
E M. PETRICK
=' `� lic -State of Florida
. •; xpires Dec 12, 2013
:,
;�;=ion # DO 917995 Notary Public, State of Florida
��'•� National Notary Assn.
CERTIFICATION OF MAILING:
1, _ � __ — _ _, Monroe County Code Compliance, declare under penalty of
perjury, that I mailed a duplicafe copy of the above -mentioned Notice via First Class Mail to: ERIO
GEORGE W , 290 CROYDON LN , SPRING CREEK, NV 89815.
Signature:
Sworn to and subscribed before me this day of % , 20
�1�rnpB`�- Notary
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BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, ) Case No. CE 1 7
VS. )
Subject Property Real Estate Number
i
Doca 1890692 07/10/2012 11:17AN
- -- — — > Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Respondent(s). )
i
FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s) and/or witnesses under oath, the following Findings of Fact and
Conclusions of Law are ORDERED:
The Respondent(s) and/or Authorized Representative ere not esent and di did not
contest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth.
( The Respondent(s) istare the owner(s) of property located within Monroe County and washwere duty noticed of the hearing. The Respondent(s) istare in violation of the Monroe County
Code(s) as fully set forth in the Notice of Volaton/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 continue to accrue until
compliance i a ieved d case is closed. Furthermore, the Respondent(s) shall comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before
7, Q ("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, finals) in the
dollar amount of $
Doca 1890692
Bka 2579 Pgn 196
for each day beginning on THE DAY AFTER 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.
IT IS THE RESPONDENTS) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE
AT (305) 453-8806 FOR THE UPPER KEYS: (305) 289-2810 FOR THE MIDDLE KEYS: (3051292-4495 FOR THE LOWER KEYS.
In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the public records and shall thereafter constitute
a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure
proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks
payable to Monroe County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050.
( ) The Respondent(s) were in violation of the MONROE COUNTY Code(s) as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance
on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and/or fines ($_ _ ) to
Monroe County Code Enforcement within thirty (30) days of this Order.
yl—
DATED this - _ day of 20
John G.
Page 1 of 2
s
FINAL ORDER PAGE 2
CASE NUMBER: CE12020027
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
ERIO GEORGE W
290 CROYDON LN
SPRING CREEK, NV 89815
Location of Subject Property: Doc# 1890692
878 LA PALOMA RD Bk# 2579 P9# 197
KEY LARGO, FL 33037
RE NUMBER: 00545770000000
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
CERTIFICATE OF ORDER
I hereby certify that this is 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 class .S. mail to Respondent(s) address of record with the Monroe
County Property Appraiser's Office as referenced above and/or Authorized Representative
--, +1- day of . ,20
Nicole M. Petrick, Liaison
PAGE 2 of 2
MONROE COUNTY
OFFICIAL RECORDS
PERMIT INFORMATION
PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY.
BEFORE WRITING ANY CHECKS, PLEASE CALL THE
BUILDING DEPARTMENT TO CONFIRM.
Permit Number
1 13300780
1 RE
100545770000000
Permit Type
36
Balance Due
$0.00
Property Address
878 LA PALOMA RD
Status
Closed
Permit I Plan Reviews I Inspections I Fees I Contractors I All
ALL
PERMIT
PERMIT INFORMATION
Application Date
02-28-2013
J Operator
I mcgilvrl
Issued Date
06-26-2013
Operator
sebbenc
Master Number
Project Number
C.O. Number
Operator
C.O. Issued
C-404 Type
Usage Class
RES
Applied Value
1500
Units
176
Calculated Value
0
contractor ID
09672
PROPERTY
RE
Unit
Address
City/State/Zip
ON PERMIT
00545770000000
878 LA PALOMA RD
KEY LARGO, FL 33037
OWNER ON PERMIT
Name
ERIO GEORGE W
Address
290 CROYDON LN
City/State/Zip
SPRING CREEK, NV 89815
Type
Private
APPLICANT
o Applicant Information on file for this permit
MISCELLANEOUS INFORMATION / NOTES
878 LA PALOMA ROAD-WINSTON PARK
DECK-ATF _ _
NOTICE OF COMMENCEMENT NOT REQUIRED
Af 1NNff ffiff NNNNNfNNffNNffffANNff Nff
http:l/egov.monroecounty-fl.gov/eGovPlus/r)ermit/hermit a1Lashx?hermit no=133007RO&nicl=0054577nnnnnnn i1))r%nnII
Permit Information - Permit 13300780
Page 2 of 3
PERMIT APPROVAL FOR WORK COMMENCING PRIOR TO
PIAN REVIEWS
Details
Revision Stop
Number
Status
Status Date
Reviewer
dotes
BIOLOGIST
-
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http://egov.monroecounty-fl.gov/eGovPluslnennit/t)ermit all.ashx?hermit no-13300780&nidA0545770000000 17/517013
Permit Information - Permit 13300780
Page 3 of 3
FILES LOGED TO PENDING
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General Contractor
Address
City/State/Zip
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License Expires
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1.00
50.00
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160.00
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TOTAL FEES:
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TOTAL PAID TO DATE:
$997.60
PENDING PAYMENT:
BALANCE:
$0.00
CONTRACTORS
CONTRACTOR
SUMMERLAND BUILDERS Contractor ID
22 B ATLANTIC BLVD P.O.BOX 155
KEY LARGO, FL 33037
(305) 304-2707
05-28-2015 Insurance Expires
09-30-2014 Status
ISPECTIONS
09672
09-19-2014
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11-21-2013
11-21-2013
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20123939
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11-21-2013
11-21-2013
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20123938
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11-19-2013
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20123096
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11-19-2013
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20123071
0
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1
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11-13-2013
11-13-2013
P
20122693
0
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httD://esov.monroecountv-fl.eov/eGovPlus/nermit/t)ermit all.asnx?nermit no-13300790&nid1 00545770000000 17/51701';
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Case Information . . . .............. ... ............. ... .... .............. ............
Case Number FCE12020027 Origination
RE F05�i5-770MW Board ISM - SPECIAL MAGISTRATE
Address 878 LA PALOMA RD Total Fines 52500,00000
Ordinance Code 1, IG-140,(1)
Date Ordered 105/31/2012
Comply By
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Daily Fine
Number of Days
Suspended Days
Current Fine 525MOD
Complied Date
SettleAmount
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Windsor -Kathleen
From: Windsor -Kathleen
Sent: Tuesday, December 17, 2013 12:05 PM
To: 'georgeerio@gmail.com'
Cc: Granger -Lisa
Subject: RE: F.Y.I. Permit #13300780, 878 La Paloma CE12020027
Hello George,
I apologize for my delay with this email. (Please confirm receipt of this email.)
As you know, on the Final Order dated May 31, 2012 was recorded in the Monroe County Clerk's Office on July 10, 2012
as a lien on behalf of Monroe County at Book 2579, Page 196. 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 11-21-2013 with the completion and passing of all required building department
inspections on permit 13300780. Therefore a daily fine of $100.00 per day accrued for 525 days (June 14, 2012 —
November 20, 2013), for a total fine amount of $52,500.00. 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 $276.00 and continue to accrue until the case is closed.
Therefore the total to date amount of the lien is $52,776.00.
As per our previous conversations, you may submit a letter requesting mitigation of the fines based on extenuating
circumstances. You may also submit any additional document along with a time line. I will review the letter with our
Assistant County Attorney for Code, Lisa Granger, and I have included her in this email for your convenience. We will
respond to your request as soon as possible thereafter.
I hope this helps.
Kathleen Windsor, CFM
Sr. Code Compliance Research Analyst
2798 Overseas Highway
Marathon FL 33050
Phone: 305-289-2586
Fax: 305-289-2536
windsor-kathleen(a)-monroecounty-fl.gov
Pleas note: Florida has a very broad public records law. Most written communications to or from the County
r egarding County business are public record, available tot the public and mediaupon request. Your e-mail
,,ommunication maybe subject to public disclosure.
From: Acker -Scott
Sent: Wednesday, December 04, 2013 1:06 PM
To: Windsor -Kathleen
Cc: 'georgeerio@gmail.com'; Bruno -Lynn
Subject: RE: F.Y.I. Permit #13300780, 878 La Paloma CE12020027
Passed and closed. Sorry for the delay.
Scott C. Acker
Building Inspector/Plans Examiner
Monroe County Building Department
102050 Overseas Highway,
Key Largo, FI.33037
Office 305-453-8721
Cell 305-797-0133
Fax 305-453-8818
From: Windsor -Kathleen
Sent: Monday, December 02, 2013 1:29 PM
To: Acker -Scott
Cc: 'georgeerio@gmail.com'; Bruno -Lynn
Subject: RE: F.Y.I. Permit #13300780, 878 La Paloma CE12020027
Hi Scott,
I cannot deem this case compliant until the passed inspections are entered and the permit is closed. Mr. Erio called today
and shared with me that the inspections have been done. Please let me know when the permit has been closed.
Mr. Erio,
Once the permit is closed, I will email you the final tally of fines and costs so you can refer to them in your letter to the
Assistant County Attorney for Code, Lisa Granger, for requesting mitigation.
Thank you
Kathleen Windsor, CFM
Sr. Code Compliance Research Analyst
2798 Overseas Highway
Marathon FL 33050
Phone: 305-289-2586
Fax: 305-289-2536
windsor-kathleenCaD-monroecounty-fl.ctov
Please note: Florida has a very broad public records law. Most written communications to or from the Coun
regarding County business are public record, available to the public and media upon request. Your e-mail
communication may be subject 1
From: Acker -Scott
Sent: Thursday, November 21, 2013 9:46 AM
To: Windsor -Kathleen
Subject: RE: F.Y.I. Permit #13300780, 878 La Paloma
I'm going back there today. I'll let you know the outcome.
Scott C. Acker
Building Inspector/Plans Examiner
Monroe County Building Department
102050 Overseas Highway,
Key Largo, Fl. 33037
Office 305-453-8721
Cell 305-797-0133
Fax 305-453-8818
From: Windsor -Kathleen
Sent: Wednesday, November 20, 2013 1:44 PM
To: Acker -Scott
Subject: RE: F.Y.I. Permit #13300780, 878 La Paloma
Okay, haven't heard from them yet. Thank you
Kat
Kathleen Windsor, CFM
Sr. Code Compliance Research Analyst
2798 Overseas Highway
Marathon FL 33050
Phone: 305-289-2586
Fax: 305-289-2536
windsor-kathleen(a)monroecounty-fl.Qov
Please note: Florida has a very broad public records law, Most written communications to or from the Coun
regarding County business are public record, available to the public and media upon request. Your e-mail
communication may be subject to public disclosure. I
From: Acker -Scott
Sent: Wednesday, November 20, 2013 12:04 PM
To: Windsor -Kathleen
Subject: F.Y.I. Permit #13300780, 878 La Paloma
Kat,
I spoke with the owners of this property this morning regarding their Final inspection being failed yesterday. They
wanted to know if I was going to continue charging them daily fines. I corrected them, letting them know that their fines
are not being assessed by the Building Department and they needed to talk to you. They are wandering what they can
do to get their fines dropped and they say they should be ready for their Final Building inspection tomorrow.
Scott C. Acker
Building Inspector/Plans Examiner
Monroe County Building Department
102050 Overseas Highway,
Key Largo, FI.33037
Office 305-453-8721
Cell 305-797-0133
Fax 305-453-8818
Windsor -Kathleen
From:
George Erio <georgeerio@gmail.com>
Sent:
Wednesday, December 31, 201410:20 PM
To:
Windsor -Kathleen
Subject:
Case No. CE12020027
To: Kathleen Windsor
Monroe County
2798 Overseas Highway
Marathon FL 33050
Re: Case No. CE12020027
Dear Kathleen,
Prelude
Date: December 31, 2014
This letter is concerning the porch construction at 878 La Paloma Road. I wish there was a good reason why it
has taken me so long to get this to you. I have been inundated this entire year with other matters, like getting my
house in Elko, Nevada up for sale, and reintroducing myself to my profession. Once the house was sold, I
would be able to concentrate on the porch issue, I reasoned. That didn't happen. I've actually been in Elko since
April until just a few weeks ago. I'm back in Key Largo now.
I've spent a lot of time reconstructing the years 2011-2013, mainly for my own edification, since there are
chunks of time that I just don't remember. Well, I got buried in the details and lost sight of what this was really
about. So here goes.
On January 1, 20111 woke up very sick, and went to the hospital. I was under hospital and nursing home care
until Jam. In September my nurse, Vanneza Alvarez, and I were married. In October, the doctors at University
of Miami Hospital told me that I would die without a liver transplant. I didn't agree, and Vanneza and I made
plans to travel to Peru, Vanneza's homeland, so that I could get on a holistic regiment to combat my liver
disease. In late December my office in Elko, Nevada flooded, so we postponed the trip.
Big Mistake #1
In the meantime, we had observed that the porch was in poor condition. At first, I thought that Joel, Vanneza's
brother, and I could repair the old structure. Joel had been a general contractor until recently, but let his license
lapse when he was diagnosed with colon cancer. It quickly became obvious that a new structure would be easier
to build, and safer. I assumed that since the new porch would occupy the same footprint as the old one, and that
it would have sturdier cross beams and fittings, we would not need a permit. In Elko, Nevada, where I had
recently moved from, that would have been the case.
When we started the work, I was incapable of any serious physical labor. I had spent the first six months of
2011 in a hospital, mostly flat on my back. Joel was not his old self either, so he recruited two friends to help,
,and they replaced the deck and it's supports. The new porch was without rails, and the old stairs were still in
place. That's when the County stopped the work on February 2, 2012.
The inspector and all the people at the Planning Department were very helpful, and I was going to apply for the
permit myself. However, I was not as mentally fit as I thought, especially my memory. (I did finally produce a
drawing, but it was misplaced in Elko, and not found until May 2013.)
I went to Elko, Nevada on March 7, 2012, dealt with the mold and rust and busted fixtures at my office there,
then returned to Key Largo.
Vanneza and I left for Peru on March 21, and returned on May 21, with my cirrhosis in remission!
Prior to my leaving for Nevada, Monroe County had issued a "make violation' on February 28, when we were in
Key Largo, but didn't mail a notice to me until April 30, when we were in Peru. It looks like two more notices
were mailed to 878 La Paloma and to Nevada. The notices were all returned to the County, the last one being on
May 21, the same day we returned from Peru.
I had arranged for our neighbor to collect our mail while we were gone. He didn't do it every day, and one day
our mail carrier decided our box was too full, and put our mail "on hold" which means would be returned. I
didn't know about "the hold" until a later trip to Peru when it happened again. I cannot confirm that this has any
bearing on my not knowing about the hearing on May 31.
Without any idea that a problem was fermenting, we went out to Nevada in late July. On October 3, I rolled my
Bronco in Winnemuca, NV and spent the next ten days at Renown Health in Reno. My skull had been split open
and my neck broken in four places. We returned to Key Largo on October 13, with my head supported by a
"halo".
The first we heard about the lien against my property was in late 2012 when a friend told Vanneza that some
people at the County were joking about "owning" my house. We immediately hired Mercedes Lozada to
prepare the plans, or, that is, we thought we had hired her. Unbeknown to us, Mercedes would spent the next
few months visiting family in Europe.
On January 24, 2013 we officially hired Mercedes. She submitted her plans to the County on February 27. For
reasons I don't know, we finally received the "permission to continue with construction" on June 26, 2013.
Big Mistake #2
We hired Paul Castillo, Vanneza's nephew, to finish the porch, then I went to Nevada, and Vanneza went to
Peru. Paul assured us that he worked with a licensed civil engineer in Miami who would sign for his work, and
that he was covered under workman's compensation. Then Paul decided on his own that Joel's deck did not
match Mercedes' plans, so he torn down the new deck, purchased all new materials with my credit card, and left
with my Jeep, never to return. Mercedes had also asked him for a workman's comp number, which he could not
produce. Both Vanneza and I were away at this time.
When Vanneza returned to the Keys on October 18, 2013 and found the disaster, she gave Mercedes the
responsible to finish the work. From then on everything went smoothly. We received official final approval on
December 2, 2013.
We have never attempted to deceive the County or knowingly get away with anything illegal. In 2012, I escaped
death twice, and didn't really become aware of "the porch issue" until the end of the year. From that point on,
we have played strictly by the rules, with an engineer, a contractor, a permit and all.
J hope that this letter adequately presents the extenuating circumstances necessary to have our fines mitigated. If
you need any further information or explanation, please contact me by cell or email.
Thank you for your attention to this matter,
ae ve- E "
George Erio, 878 La Paloma Road, Key Largo FL 33037, cell 305-890-6349, georgeerio@gmail.com
County of Monroe
Growth Management Division
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289-2810
FAX: (305) 289-2536
GEORGE W ERIO
290 CROYDON LN
SPRING CREEK NV 89815-5910
January 15, 2015
Subject: Code Case: CE12020027
Subject Property: 878 LA PALOMA RD KEY LARGO
Dear Mr. Erio,
Board of County Commissioners
Mayor Danny L. Kolhage, Dist.I
Mayor Pro Tem Heather Carruthers, Dist. 3
George Neugent, Dist. 2
David Rice, Dist. 4
Sylvia J. Murphy, Dist. 5
As you know, a Final Order dated May 31, 2012 was recorded in the Monroe County Clerk's Office on July 10,
2012 as a lien on behalf of Monroe County at Book 2579, Page 196. 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 November 21, 2013 with the completion and passing of all required building
department inspections on permit 13300780. Therefore a daily fine of $100.00 per day accrued for 525 days
(June 14, 2012 — November 20, 2013), for a total fine amount of $52,500.00.
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 $338.40 and
continue to accrue until the case is closed.
Therefore the current amount of the Monroe County Lien is $52,838.40 ($52,500.00 fines and $338.40 costs).
The County staff s authority to reduce fines is very limited once a lien is filed. After reviewing your letter and in
an effort to amicably resolve the amount of the lien, the County will accept the minimum amount allowed,
$13,463.40 ($13,125.00 fines and $338.40 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.
Failure to remit payment within 60 days will result in the amount reverting to the full amount and a referral to the
Monroe County Attorney's Office for further action.
Respectfully yours,
r
Kathleen Windsor
Sr. Code Compliance Research Analyst
Windsor-kathleenainonroecounty-fl.gov
305-289-2586
0
Windsor -Kathleen
From: George Erio <georgeerio@gmail.com>
Sent: Tuesday, February 17, 2015 9:34 PM
To: Windsor -Kathleen
Subject: what's next?
Kathleen, thanks for the info.
Please, submit my request to be placed on the agenda of the March 18-19 Monroe County BOCC Meeting in
Marathon.
I would like to know what I'm getting into. I have downloaded the agenda for the February meeting.
I will be at the meeting Wednesday morning,and would like to know specifically where my case would fit in.
If you are going to be at the meeting, could we meet?
Thanks,
George
RESOLUTION NO.148 2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SETTING A MINIMUM PERCENTAGE
THAT WILL BE ACCEPTED TO SETTLE FINES AND COSTS IMPOSED
IN CODE ENFORCEMENT CASES; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 162.09(1), Florida Statutes, and Monroe County Code Section 6.3-7 gives
the special 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 property owner thereafter has
not corrected the violation(s); and
WHEREAS, under Section 162.09(3), Florida Statutes, and Monroe County Code Section 6.3-5,
if the County prevails in prosecuting a case before the special master, the County is also entitled to
recover all costs incurred in prosecuting the case; and
WHEREAS, a certified copy of the order imposing fines and costs becomes a lien on real and
personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, thereafter, the County has the authority to initiate litigation for foreclosure of the
lien or for a money judgment; and
WHEREAS, in the alternative, the County has the ability to enter into an agreement with the
property owner to settle the matter on such terms and conditions as the parties deem mutually acceptable,
in order to resolve the matter short of litigation; and
WHEREAS, the average cost of investigating and prosecuting a Code Enforcement case is at
least $1,101.43. and the Code Enforcement Department projects that 1,200 cases will be brought before
the special master in the current fiscal year, for a total projected cost of approximately $11 million; and
WHEREAS, it is appropriate to defray the majority if not all of the cost through the collection of
fines and costs from the actual property owners cited for the violations; and
WHEREAS, it is advantageous for the County not to mitigate the fines and costs by a significant
amount at time of settlement, so that the fines and costs will serve as a detc acnt to other property owners
not to violate the Monroe County Code, or so that the imposed fines and costs will act as an incentive for
the property owners found to have violated the Code to correct the Code violations as quickly as possille.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that:
Section I. It is hereby declared to be the policy of the County that the County will accept a
minimum of tvenp five percent (2 5%) of accrued fines and costs in settlement of Code Enforcement
cases after said fines and costs have been imposed by the special master. The County will not settle any
fines or costs prior to compliance.
Section 2. Any resolutions concerning the policy of the County with respect to the
percentage of fines and costs to be accepted in settlement of Code Enfbrccnwnt cases after said fines and
costs have been imposed by the Special Magistrate are hereby repealed and any contrary provisions of the
Monroe County Code are hereby repealed.
Section 3. This resolution shall take effect on May 21 , 2008.
Section 4. The Clerk of the Court is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said board held on the 9_ of May, 2008.
Mayor Mario DiCaFnaro,_District 4 Yes
Commissioner Dixie Spehar, District 1 Yes
Commissioner George Neugent, District 2 Yes
ionertharles "Sonny" McCoy, Dist.3 s
iYe
oncr Sylvia Murphy, District 5 Yes
Clerk BOARD OF COUNTY
COMMISSIONERS OF
MONRpE COUNTY A
%
BY: �G%�•
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
A ROV D t4S TO
N
SSIASANSCOUNTYO ATTORNEY
Date„-4`
21