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Item Q14BOARD 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, 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 of CE07090260. 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 after the property has been made compliant 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 DOCUMENTATION: Included DISPOSITION: Revised 7/09 BUDGETED: Yes SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Not Required Risk Management AGENDA ITEM # Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 County of Monroe Growth Management Division We strive to be caring, professional, and fair. MEMORANDUM Board of County Commissioners Mayor Danny L. Kolhage, Dist.1 Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia 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 Staffs 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 RECOMI%IENDATIONS: 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 CASUAk-,Y INSURANCE COMPAI\!Y 12/1.2/06 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) `1AVERNIER FL 330 70-2831 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 3373343003 P.O. BOX 33064 / ST PETERSBURG, FLORIDA 33733-8064 1-800-820-3242 1-800-850-3299 1-800-725-9472 1-877-270-4329 FLOOD INSURANCE INSPECTIONAAD COMPLL4NCE PROGRAM APPLICATION FOR INSPECTION Monroe County Growth Management Division Please print or We only Application No. pp A//�-/:�q OwnerAw 6:6-z�� Phone Number: Received By:. Date Property Des crip ion: Key l L- Lot;, 'Block RE# Subdivision !�'�% %% -P d ll-? / MM Flood Zone Property Address: ��%`�U� �'C� Mailing Address j t1221-e_ Authorized Agent:, Address Phone Number. YOU OR YOUR CONTRACTOR WILL BE CONTACTED WITHIN 10 TO 14 WORKING DAYS FROM THE DATE THIS APPLICATION AND APPLICATION FEE IS RECEIVED TO SET UP AN APPOINTMENT FOR THIS INSPECTION. ***COMMUNITY 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 printed 8/2/2005 11:28:01 MONROE COUNTY BUILDING rrPARTMENT BUILDING PERMIT :Applied: tW91201200freparedby:haileyf,steIssued: 09 :� 0/21007Permit No.: 07304120 ��I� � mitType: FEMA INSP COMPLIANCE PROGRAM I. Section iwnshp., Range Re # Resub I Resub P ;, M04farker 27 62 38 004801130 0100 09.3 roperty Address Land Us ' District Reviewed by LOT 262 AMENDED PLAT OF HAMMER POINT PARK URM Subdivision Name Legal Address LOT 262 AMENDED PLAT OF HAMMER Owner's Name f Address t Telephone General Contractor GEER ALICIA C (Q) & ROY W 229 ABERDEEN CT TAVERNIERFL 33070 3058520655 GEER ALICIA C (Q) & ROY W 229 ABERDEEN CT TAVERNIER, FL 33070 Sub Contractor SEE ATTACHED PAGE FOR SUBCONTRACTORS Construction BFE FFE FLZ approved Water Source Flood Map Panel NO, Flood Elevatlon Requirement VE13 # U'nits Sq, Ft, Valuation improvements RES 0 SO.RESIDEN IAL Ichedule of Fees FEE DESCRIPTION INCOME FROM PERMITS *** FEE TOTALS *** FEE AMT 50.00 ------------- 50.00 229 ABERDEEN CT --HAMMER POINT FEMA INSPECTION —INSURANCE NOTICE OF COMMENCEMENT NOT REQUIRED AMT PAID 50.00 50.00 ** MORE INFORMATION TO PRINT ADDITIONAL PAGE REQ'D ell PLEASE READ THE REVERSE OF THIS DOCUMENT BEFORE YOU SIC BY sidWATURE O OWNER, CONTRACTOR OR BALANCE DUE 0.00 0.00 ENT t 0 r 0 0 0 M r r co c 0 L L I t% zx 1 N N 1 L 'a) V 1 cQ G W LL 1 0 vI r /1 a O 0 r 0 0 0 M r r 0 ao 0 c� a c 'o oL L E E Z I U m -v L Q N N 1 L V 1 cQ G W U- 1 O r \ O r Cl O O id 00 C) IL •O r� _ zX a CD _ . a) LU TTTMMM �M, J.' A Wax ° r 4) 7E .a a N N N N 0 a W LL ti O O O 1 0 0 0 0 0 M 0 ao 0 I m c 'o a L cE G cc 1 U c -v L .Q Q 0 N N 1 L CD 1 Q W U- 1 O O O O 0 0 0 M 0 0o 0 c� a c 'o IL L E E co 1 U c Q 0 N N 1 N 1 Q W U- 1 ti O O 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 Gennaro, Dist. 4 Mayor Pro Tern Dixie Spehar, Dist. I 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 ADDRESS: 229 Aberdeen Court, Tavernier, FL 33070 INSURANCE COMPANY NAME: Fidelity National FIRM ZONE: AE 9' INSPECTION DATE: POLICY#: 7700235989 This is to certify that the above referenced property has been inspected for compliance with the Monroe County Floodplain 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 (circle one METHOD F ELEVATION: ( ): Piers, post, piles, solid perimeter walls, reinforced concrete shear walls, masonpiers or columns , °' reinforced �wry_ IS THE ENCLOSED AREA USED FOR OTHER THAN PARKING, BUILDING ACCESS OR STORAGE? n YES NO IF YES DESCRIBE: raj "� pP(r!ct -k, PI ` DOES THE AREA BELOW THE ELEVATED FLOOR CONTAIN MACHINERY AND EQUIPMENT: S_NO WHAT TYPE (circle one): Furnace, heat pump, hot water heater, oil tank, elevator equipme , air conditi2n9j,.,washer, dryer, food freezer other equipment or machinery serving the bug (specify): A 7j - D{r Size of enclosed area: 6., 72 square feet. IS THE AREA BELOW THE ELEVATED FLOOR ENCLOSED USING: BREAKAWAY WALLS SOLID WOOD FRAME WALLS_k_MASONRY OTHER (explain) IS ENCLOSED AREA CONSTRUCTED WITH COMPLIANT OPENINGS (excluding doors and windows) TO ALLOW THE PASSAGE OF FLOODWATERS? _YES_,X, NO IS ENCLOSED AREA BUILT WITH MATERIALS RESISTANT TO FLOOD DAMAGES? _YESX- NO DOES THE ENCLOSED AREA HAVE MORE THAN 20 LINEAR FEET OF FINISHED WALLS, PANELING, ETC.? YES NO INSPECTION PERFORMED BY:�i�`�Il[L'.li`�K- , Photos_ County of Monroe Growth Management Division Board of County Commissioners Suite 300 , `` �� Mayor Mario DI Gennaro, Dist. 4 2798 Overseas Highway Mayor ProTem Dixie Spehar, Dist. 1 Marathon, Florida 33050 George Neugent, Dist. 2 Voice: (305) 289 2518 Charles "Sonny" McCoy, Dist. 3 Fax: (305) 289-2515 Sylvia Murphy, Dist. 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 COMMUNITY INSPECTION REPORTS. 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: 0. The enclosure is finished: There is panneling, 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 panneling, and tiling are associated with living areas and the pannelingl is not flood �sistant. EXHIBIT Solution: Remove the panneling, and all other interior finishes. If the tile 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, furniture 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 walls so as to have continuous floor and walls where the remains of the plumbing are no longer visible. (4. The enclosed area is oartitioned 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 insufficient flood vents Section 9.5-317()(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. 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 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 strive to be caring, professional and fair 11/13/08 Alicia Geer 229 Aberdeen Ct. Tavernier, FL 33070 Board of County Commissioners Mayor Charles "Sonny" Mc Coy, Dist 3 Mayor Pro Tern Mario Di Gennaro, Dist 4 Dixie Spehar, Dist. I George Neugent, Dist.2 Sylvia Murphy, Dist. 5 I IY :1 a r 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 no hear from you by that time we will tEXHI IT 7' . . 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 Ln ['; Er m - w IU EO d S 1 � € C A L rt m rLi��-,........d....�_. ,- p CeMed Fee p R Tn RNIS (Ends Rqufr 110r a rq 0 sir IRegUwd) ra.. �...�.................... m T i Poasas & F m_ _..�..a........................ ....... ._ p p arPOftxft Complete items 1, 2, and`.. &W complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artie Addressed to: Alicia Geer 229 Aberdeen Ct. Tavernier, FL 33070 A. by (Pdnted Name) I Cfpa` n of D. Is delivery address different from Item 1? O Yes If YES, enter delivery address below: ❑ No 3. Se type Certified Mall ❑ Mail ❑ Registered Cf Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Deliver? (Extra Fee) ❑ Yes 2. Article Number 7003 3110 0002 3849 2915 (►hm*r from service labeq � �1� I 540 PS Form 381Domestic etum Receipt " 4"� wr 4z Monroe County Code Enforcement r 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 of10/16/07, 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 # 09138450.000000 od 0 � 1 -3 sac) 1 Leo 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. -mom PLAIN I it f i i SIR61K)NROE COUNTY CODE ENFORCEN&�' NOTICE OF VIOLATION/NOTICE OF HEARING TO: GEER ALICIA C (Q) & ROY W CASE NUMBER: CE07090260 229 ABERDEEN CT 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: 1. PROHIBITED FINISHES (TILE, DRYWALL...) 2. MORE THAN LIMITED STORAGE 3. TEMPERATURE CONTROLLED - A/C 4. USED FOR HABITATION 5. THE ENCLOSURE IS PARTITIONED N 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 CORRECTIVE ACTION IS INCLUDED IN THIS LETTER. IF YOU HAVE QUESTIONS 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 at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. The purpose of this hearing is to determine if in fact, a viola- 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. to %/1"" 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: 01/12/09m 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 Co a En orcement 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 disability who needs any accommodation in order to participate, you are entitled, at no extra cost to you, to the provision of certain assistance. Please contact this office at (305)289-2509 within 2 days of your receipt of this notice. If you are hearing impared, please call 711. 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 ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE MONROE COUNTY COURTHOUSE RECEIPT MAIL, A TRUE AND THE SUBJECT PROPERTY AND MONROE COUNTY, FLORIDA CODE ENFORCE MENT,I)EPARTMENT REGIK ' Complaint Number: CE07090260 RRR 7008 1140 00014454 3284 Alicia & Roy Geer 7008 1140 0001 4454 3284 r a 3 g; > J11111'a .11 :IiN (D (D O �, � � � � i N I 0 W co 0 \ I I BE CD CD P" CD CD 0 0 CD 1:0 K11 P, I Fin co 'Ll, � ,J7 12 0 91,111111, -U X. WwY NZ C* ch toll ro FN) V� 0 00 0 10 M —----------- MONROE COUNTY CODE ENFORCEMENT MONROE COUNTY, FLORIDA AFFIDAVIT OF POSTING I, LINK, DIANE , , Monroe County Code Enforcement, dec re i4ider 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: Notice of Violation Case #: CE07090260 Notice of Hearing Date: Time: Signature: 'r Swo n to a d subscribed before me this day of 2008. Notary Pub No �. NolaryPu�icStateofRonda Y is , ate of Florida Grace K Reeder < My Commission DD833147 orM1 Expires 1012212012 .. dec nalt of I , Y Perjury, that I mailed a icate copy o f e mentioned notice . ariIn t- s mail to: 9 CT, TA, FL 33070 SieSwd subscribed b fore me day of Notary Public, State of Florida MONROE COUNTY CODE ENFORCEMENT MONROE COUNTY, FLORIDA AFFIDAVIT OF POSTING I, LINK, DIANE / ZILLM�f)10r�, Monroe County Code Enforcement, declare ider 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: Case #: CE0 090 0 Date: tice of Violation Notice of Hearing Signature Sworn. to and subscribed before W�ML , 2008. v+" n Notary Public State of Flonda Grace K Reeder My Commission DDS33147 ofM1o�' Expires 10/22/2012 Time: 4'! me this day of V-- No-1--a:Ey Public, State of Florida I, Llk 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 )3070 Signature: Sworn to and subscribed before me this T day of M&A011- , 2008. re Notary Public State of Florida c %orR Grace K Reeder My Commission DDS33147 Expires 10/22/2012 -Z �-' ("") ej'L� ..(0, Notary Public, State of Florida a; 0 e V NZ LL Q W Z a- 00 J 06 _OW w 00 W 2 U� 00 ZU w Q U) 0 a BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. ALICIA C. & ROY W. GEER, Respondents. Case No. CE07090260 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 HAMMER 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 ORDERED AND ADJUGED: 6/111111 0 1. 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 compliance/review 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 a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violators. DONE AND ORDERED at the Division of Administrative Hearing, Tallahassee, Florida, this day of May, 2009. Larry J. S Code Enforc ent Special Magistrate 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. 0 60001d 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 I HEREBY CERTIFY that a true and correct copy of the above has been furnish e to the Respondents via first class mail at 229 Aberd n Court, Tavernier, FL 33070 this day of May, 2009. Nicole Petrick Code Enforcement Liaison Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. M BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, VS. ALICIA C. and ROY W. GEER, Respondent. DocN 2753867 08/05/2009 2:48PM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLNAGE CASE NO. CE07090260 Doc# 1753867 BkN 2426 P90 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"). 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 a lien 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 Hearings, Tallahassee, Florida. DocN 1753867 BkN 2426 PgN 65 Larry J. S Code Enforc Special Magistrate I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Fine and Lien has been furnished by U.S. Mail to the Respondent at 229 Aberdeen Court, Tavernier, FL 33070 this 4f day of July, AV09. L�Z_aa A- , - -1 Nicole Petrick Code Enforcement Liaison 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 FL 33070 July 02, 2014 Subject: Code Case: CE07090260 Location: 229 ABERDEEN CT TAVERNIER, FLORIDA Dear Property Owners, Board of County Commissioners Mayor Sylvia Murphy, Dist. 5 Mayor Pro Tern Danny L. Kolhage, Dist. I 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 Windsor-kathleen monroecoun -Ilo ov 305-289-2586 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM M NROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) ) Petitioner, ) VS. ) CASE NO.: CE07090260 ALICIA C GEER) GEE , ) espon ent(s). ) 1 NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to F.S. 162.09(3), to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien in this case, which was recorded in the Official Records of Monroe County on August 5, 2009, Book 2426, Page 64 on the property that was the subject of the code compliance action described as: 229 ABERDEEN CT TAVERNIER, 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 $279,950.00 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on jm!xj7.,-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 12" Street Suite 408 Key West, Florida 33040 (305) 292-3470 Fla. Bar No.: 0619310 TCA to certify � TE OF .SERVICE I herebycerti that on this day of 4 20 I I a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No.CA to 229 ABERDEEN CT TAVERNIER, FL 33070 FL Code Compliance D artment 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) 2924441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE CERT #: GOOD SERVICE: �-014 3O,SU Cy�U2�f��SCJ�� NO SERVICE: IIIIII I u �� IIII Illm � � � �. u,. IIII Iluu� �� IIII�� I IIIIIIW � . �o�� m ou '� '* m mr w m rm "� � �m uul I�u VI uuVl u'j Co ca rLi FpP"Y"'vSTAwII O DMIffed Foe C3 .. a Rmrua arc (uacduu ruu aIHRu;liaiilreSy Hare Ida scicted Duallladaali°y IFoD p (II auatlaau.muaurna uutl Requullll'od) Ln C3 T�,W m ALICIA C GEER & ROY W GEER 507f Ic ru229 ABERDEEN CT or°P ", TAVERNIER, FL 33070 µye, CE07090260 NOH Collections I�II�S A �Va✓n�iimwi��ir`�o/117u�krual�;'fik]G,.µH/.,�,�rri�nl�Fii//,%/lYI?�P��a011lll�l7Jrarrnaedr.r umw'a s+ — "n"' m .,.., . o„„ �„urir�IlMIhp7Mwr,9A�n� 0 co C— C) 0 0 0 0 9 m c 3 m 0 'O ~ 0 t-j ru W O Ln C3 1- M ru LP 03 Ln C3 �I O rr W m D N D 1 O G go o V m D m �ow-3 Zzx mW fl D .�a �.«..o NO m M n � y i rp m .Z7 0 m m H o0o�y�. 3, Z a 7 .9 O w n 90 O (n Er 0) C— t7 O 14 M 0) �= QON �Q��QCD fl) 0 O 0 �'� m w m D m a M K N to W 0 G) NOOorn"D in m m :..� am so rtm 0 0 m o m m 0 m m A W I D 110 w ° W !D C m m m Sn N 9 7 w a 0 � 3 m QL a m O y ❑ ❑ ❑ d�n C L Q of o m 0 w m a� Z 3 5t3q ycg 0 � d r 3 vm m f 3 me 0 m 3 Z m �o 'D D w ° m' p a m 13 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 a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this Government Center, Marathon, Florida. ohn 9t Van Lanir ,p al Magistrate CERTIFICATE OF ORDER y rtify that is a true and correct copy of the above Order. Nicole M. Petrick, Liaison 20, 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 O ce as referenced above and/or Authorized Representative on this 1 day of �a "20 .0 Nicole M. Petrick, Liaison O M NJ O N It 0 O N -t '',0 LI) ,M O co O CN-- �r- O tr) T- (V) V- Lr) V- 0) 0000 'tONNtnM 3 N N N cM 0 0 0 OOOO coWWOD000000•- d 0 0 0 O O O O O O O O O O O r+ R C H z_ Z Q w Vi J a —02 z=w U w}� Q p2J0 w H 2 O g c wCD 2 w o_ o of O p U- of U W 2 Uw'JQ�w 0 0�o000000 z 1w§5F-=o" �woaaF-t-w 0 >a_jwWmv> C� O w OowMZW C.)aw LL3:F-0m°a a Z� ci O F-wml- N ao Z j�Up it U �QU im F- rn Cl) O~ BUD CV wU v��tItItItITv� vui V- O T- O T-- O ��-c-��V-T-�� O O O O O O O O O O O O C N cM N cM N N 0 N 0p N 0 N 0 N N d N N 0 N N N N N N M ._ -V-T- �NNNM V-�� ++ 00 00 00 O 00 00 O 00 0 0 0 � ea G a) -0 cm — O 1 .Q U' N c X- (D cma �00 O V m E U U W U_ _ U YE O 4-76N N 7 O E=O2 M Q cnz J O Mi 0.0 0 0 0 0 0 0 0 0 0 af (n E x N x a`) a) cD ti M rl- 0 M co v 0 CD m U f0 U 91 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 FRIES 1500 400 0 09675 PROPERTY ON PERMIT RE 00480113000100 Unit Address 229 ABERDEEN CT City/State/Zip KEY LARGO, FL 33070 OWNER ON PERMIT Name GEER ALICIA C (Q) li ROY W Address City/State/Zip TAVERNIER, FL 33070 Type Private APPLICANT 229 ABERDEEN COURT -HAMMER POINT PARK DEMOLITION FOR FEMA COMPLIANCE NOTICE OF COMMENCEMENT NOT REQUIRED fN•fNNMNNNINNNMNMN.NNN111f 111N1f THIS PERMIT IS APPROVED AS A DEMO FOR FEMA COMPLIANCE FOR THE GROUND LEVEL ENCLOSURE TO INCLUDE THE FOLLOWING: 1. DEMO BATHROOM PARTITIONS INCLUDING STUD S. THE PARTITION BETWEEN THE GARAGE AND STORAGE MAY REMAIN. t,rr..•!e'o...... .......«,.e,..,...,... 0 -11 .......,')..e.....:. ---i A 2A 2 7'2119 . A —AAA on 1 11nnn 2 nn I)n t nn 7 c Permit Information - Permit 14303737 2. DEMO ALL PLUMBING, P Page 2 of 4 httn•1fPonu mnnrnarnimh/_Fl II .—/%naT ;t Tn-IAln27Z7R-;,I=n(1ARn 11'2llflllInn 101 Oni i Permit Information - Permit 14303737 Page 3 of 4 NO PLAN DEVIATION ALLOWED WITHOUT A REVISED PERMIT._ NO OTHER WORK THIS PERMIT . DEEMED NON -DEVELOPMENT. DEO EXEMPT . ..................... PLAN REVIEWS Details Revision Stop Number Status Status Date Reviewer Notes CODE COMPLIANCE MARATHON 1 P 08-19-2014 WINDSORK 6 CODE COMPLIANCE KEY LARGO ............................. .....,.W,-.. 1 L 08-15-2014 RIGBYB _.m. 1 ELECTR.LC..A.L ... 1.... .... N ...., 08-31-2014 _...,...,__--_._,___.,......._. KASPRZAA 0 BUILDING STRUCTURAL/ROOF 1� P.. 08-29-2014 MTCSTRUC 0 R FINAL EVIEW , .....��, ._.�...__,...,.. ...._� 1 ... .... A .. - 09-.. ..,�� 09-2014 MCGILVRL ...�.........._.... 0 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 1 P 09-04-2014 TUGWELL_P 0 PERMIT READY TO ISSUE _.......,. 1 L 09-12-2014 WILLIAMA 107 UPPER KEYS BUILDING DEPT 2 ... _.. ........ L 08-29-2014 MALDONAM 0 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-1C APPL ... FLAT RATE 1.00 ....�,M 50.00 50.00 B-17 DEMO S.. Q UARE FEET..-. . k .M..,. m � 400.00 w.m......_... .. .... 50.00 ..... ._.-.... ........ 50.00 CONT-INVES FLAT RATE 1.00 11.00 11.00 DBPR UNITS 390.00 5.27 5.27 DBPR RE ED UNITS 390.00 0.59 0.59 DCA UNITS 390.00 5.27 5.27 DCA RE ED UNITS 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 E- E PLAN.. EACH REVIEW ,ww... µ... _ 1.00 50.00,.........,._.._._.. 50.00 .... LDR FEMA FLAT RATE 1.00 140.00 140.00 P- 0 EDUC FLAT RATE ...� ..._.... ........ .,, 1.00 2.00 2.00 P 1 MIN D�LLARS ._ w.._._.. 1.00 ...... 50.00 . _.._..,. ...... . 50.00 T- 1 FLAT RATE 1.00 3.00 3.00 TOTAL FEES: $421.72 TOTAL PAID TO DATE: $421.72 PENDING PAYMENT: $0.00 BALANCE: $0.00 CONTRACTORS GENERAL CONTRACTOR General Contractor CBT CONSTRUCTION @ Contractor ID 109675 DEVELOPMENT Address P 0 BOX 701057 City/State/Zip TAVERNIER, FL 33070-1057 Phone (305)852-3002 Work Comp Expires 12-31-2015 Insurance Expires 04-28-2015 License Expires 09-30-2015 Status JA SUBCONTRACTORS / PROFESSIONALS CATEGORY ID COMPANY/DBA OWNER/QUALIFIER PC 05901 BAYSIDE PLUMBING 8: MAINTENANCE LEE, JANET GENET INSPECTIONS t,rr„•i„.-;ri,.o...,;r .,11-.,9..e... 4 -1nIn2172072. .4-,nnnQnttIAAA inn 0)nttin tc Permit Information - Permit 14303737 Page 4 of 4 TYPE NUM INSPECTOR SCHED DATE INSP DATE INSP TIME RES CONFIRM NOTES FEMA- COMPLIANCE _ .IN 1 SA ... � 01-30-2015 01-30-2015 . P 20160022 27 DEMO 2 SA 01 �� 0 P ....20157 20160021 0 FINAL DEMO 1... SA 01 1 3 2015 01•� .�� 999 0 FINAL BUILDING 1 02-02-2015 P 0 Your privacy is important to us, for more information see our privacy policy. Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved httn-11ponumnnrnPrnnnhr-fl nrnxfP( rnsPlnc/rPrmit/nPrmit all ncnv9nPrmit nn-=IA'1nZ717R,niri=MARAI IInAnInil 1)r)II IrC I*]- 1 1.9 . 1=1 -- M as Date Ordered 106r25rM Comply By in Start 106orm AI; DadyRne Number of Days Suspended Days Current Fne 304200 Complied Data Settle Amount 0, Settle Date AmountPaid (kd Date Paid Suspended Days Suspend [Day County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 ALICIA C AND ROY W GEER 229 ABERDEEN CT TAVERNIER, FL 33070-2831 February 21, 2015 Subject: Code Case: CE07090260 Subject Property: 229 ABERDEEN CT KEY LARGO Dear Property Owner(s), Board of County Commissioners Mayor Danny L. Kolhage, Dist.1 Mayor Pro Tern Heather Carruthers, Dist. 3 George Neugent, Dist. 2 David Rice, Dist. 4 Sylvia J. Murphy, Dist. 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 staff s authority to reduce fines is very limited once a lien is filed. After 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. Respec lly yours, Kathleen Windsor Sr. Code Compliance Research Analyst Windsor-kathleenO,monroecounty-fl.gov 305-289-2586 0) 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, 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@monroecounty-fl.gov> To: 'Alicia Geer' <alicgeer@yahoo.com> Cc: Williams -Steve <Williams-Steve@MonroeCou nty-FL. Gov> 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-kath leen(aD-mon roecou nty4l.gov 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 o: mmunication may be subject to public disclosure. From: Alicia Geer [mailto:alicgeer@yahoo.com] Sent: Tuesday, February 03, 2015 12:23 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 <alicgeer0)yahoo.com> To: Windsor -Kathleen <Windsor-Kathleen(cDmonroecounty-fl.gov>; Wingate -Mary <wngate-marv(cD-monroecounty-fl.gov>; Alicia Geer <alicgeer(a-yahoo.com> Sent: Wednesday, January 7, 2015 6:20 PM Subject: Re: Alicia Geer CE07090260 229 Aberdeen Ct, Tavernier 14303737 The room is finished!!!!! Finally !!!! 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 <alicgeer(cDyahoo.com> To: Windsor -Kathleen <Windsor-Kathleen(cDmonroecounty-fl.gov> 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-Kathleen(c)monroecounty-fl.gov> To: 'Alicia Geer' <alicgeert_yahoo.com> Cc: Williams -Steve <Williams-Steve(aD-MonroeCounty-FL.Gov>; Morris -Peter < Morris-Peter(cD-MonroeCounty-FL. Gov>; Wingate -Mary <Wingate-Mary(cD-monroecounty-fl.gov> Sent: Saturday, December 20, 2014 12:53 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 Fema Certified Floodplain Manager Monroe County Sr. Code Compliance Research Analyst 2798 Overseas Highway Marathon FL 33050 Phone: 305-289-2586 windsor-kathleen(a)-monroecounty-fl.gov 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, 2014 10:18 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 17`h 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: 305-289-2586 windsor-kathleen[a-monroecounty-fl.4ov 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 fmailto:alicQeer(a-)yahoo.coml Sent: Monday, October 06, 2014 1:32 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 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 Cleric, 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 $1.2 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 deterrent 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 possible. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: Section 1. It is hereby declared to be the policy of the County that the County will accept a minimum of twenp5five percent (Z 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 Z. Any resolutions concerning the policy of the County with respect to the percentage of fines and costs to be accepted in settlement of Code Enforcement 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 _1 of May, 2008. CA �. 'U- C7. r+ ar. -w m �� z n N '- Mayor Mario DiGa¢nam- District 4 Yes Commissioner Dixie Spchar, District 1 Yes Commissioner George Neugent, District 2 Yes ssioner t harles "Sonny" McCoy, Dist .3 yea ±ssioner Sylvia Murphy, District 5 Yee Clerk BOARD OF COUNTY COMMISSIONERS OF MONR�UNTY, A BY: Mayor Mario DiGennaro MONROE COUNTY ATTORNEY A ROV D'k TO R N ASSIS ANT COUNTY ATTORNEY Date_ S = "' 2