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Item Q15
BOARD 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 owners, Michael -John and Cindy Ed, for a reduction in the outstanding code fines imposed in code case CE 13100040. ITEM BACKGROUND: As a result of Code Case CE 13100040, a Final Order was recorded as a Lien on behalf of the County on October 9, 2014. After receiving a wastewater connection permit (14305811), completing the work, and passing all required inspections on January 23, 2015, Mr. and Mrs. Ed achieved compliance of CE13100040. Therefore the current amount of the Monroe County Lien is $11,615.16 ($11,300.00 fines and $315.16 costs). The County received a request for mitigation and research revealed that a Monroe County Mortgage was filed as a Lien on behalf of Monroe County in Clerk's Office on December 17, 2014 as a result of the Block Grant Program. After reviewing the circumstances of the case, the County removed the fines from October 2, 2014 to November 15, 2014 due to delay with staffing for the Meridian Grant process, thereby reducing the fines to $6,900.00. Additionally the County has removed the fines from January 12, 2015 to January 23, 2015 with documentation that the KLWTD inspection was completed on January 12, 2015, further reducing the fines to $5,800.00. As a result, a letter was sent to the property owners February 11, 2015. This letter included the maximum fine reduction allowed by staff per resolution 148-2008; $1,765.16 ($1,450.00 fines and $315.16 costs). On February 23, 2015, staff received a request from Mrs. Ed 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 $1,765.16 ($1,450.00 fines and $315.16 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: BUDGETED: Yes COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required, Year DISPOSITION: AGENDA ITEM # Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2536 County of Monroe Growth Management Division We strive to be caring, professional, and fair. MEMORANDUM Board of County Commissioners Mayor Danny L. Kolhage, Dist.l 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 1 FROM: Kathleen Windsor, Sr. Code Compliance Research Analyst '� DATE: March 2, 2015 SUBJECT: Request for additional reduction in fines CE13100040, 34 TRANSYLVANIA AVE. KEY LARGO SUMMARY: The County has received a request from Cindy Ed, the property owner, to address the BOCC, asking it to further reduce the amount of fines beyond Staffs authority. CASE CE13100040 BACKGROUND: This property was due for connection to central sewer system in October 2010. This property was purchased by Mr. and Mrs. Ed on September 12, 2012. The property owners were mailed Notice(s) to Connect, certified mail, on November 16, 2012, June 11, 2013 and July 19, 2013 by KLWTD. Since three years had passed with no connection, KLWTD referred the case to Monroe County Code Compliance. On December 12, 2013, the property owners were sent a Notice of Motion/Notice of Hearing certified mail for a hearing to be held February 27, 2014. The certified mail was signed for by the property owner on December 16, 2013. 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 1, 2014 and imposed a daily fine of $100.00 if compliance was not achieved by that date. Subsequently the County agreed to enlarge the compliance date to October 1, 2014 and the Special Magistrate so ordered on June 12, 2014. Compliance was not achieved by that date. Therefore, the daily fines began accruing on June 13, 2014. Additionally, the Final Order was recorded as a Lien on behalf of the County on October 9, 2014 as per the Code Lien Procedure adopted by the BOCC on March 19, 2014, Resolution 057-2014. On December 29, 2014 the property owners applied for and were issued a permit (14305811) for the wastewater connection at 34 Transylvania Ave, Key Largo. The work was completed and passed required inspections on January 23, 2015, thereby achieving compliance. As a result, a daily fine of $100.00 per day accrued for 113 days (October 2, 2014 - January 23, 2015), for a total fine amount of $11,300.00. 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 $315.16 and continue to accrue until the case is closed. Therefore the current amount of the Monroe County Lien is $11,615.16,( $11,300.00 fines and $315.16 costs). The County received a request for mitigation and research revealed that a Monroe County Mortgage was filed as a Lien on behalf of Monroe County in Clerk's Office on December 17, 2014 as a result of the Block Grant Program. After reviewing the circumstances of the case, the County removed the fines from October 2, 2014 to November 15, 2014 due to delay with staffing for the Meridian Grant process, thereby reducing the fines to $6,900.00. Additionally the County has removed the fines from January 12, 2015 to January 23, 2015 with documentation that the KLWTD inspection was completed on January 12, 2015, further reducing the fines to $5,800.00. As a result a letter was sent to the property owners February 11, 2015. This letter included the maximum fine reduction allowed by staff per resolution 148-2008; $1,765.16 ($1,450.00 fines and $315.16 costs). On February 23, 2015 staff received a request from Ms. Ed to appear at the March 18, 2015 BOCC meeting. STAFF RECONE%HNDATIONS: Accept the reduced amount of $1,765.16 ($1,450.00 fines and $315.16 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: Request to be heard at BOCC Mandatory Connection Notice - May 2010 Warranty Deed Mandatory Connection Notice - November 2012 Mandatory Connection Notice - June 11, 2013 Mandatory Connection Notice - July 19, 2013 Notice of Violation/Notice of Hearing Final Order Agreement to enlarge compliance date Order Approving Enlarged Compliance Date Resolution 057-2014 Permit 14305811 Fine Screen - full amount Request for reduction County of Monroe Mortgage Deed Case detail regarding Meridian staffing KLWTD inspection letter Fine screen - fines removed Mitigation Letter Current Property Record Card Resolution 148-2008 Case # CE13100040 Property Address: 34 Transylvania Ave, Key Largo, FL 33037 Property Owners: Michael —John and Cindy Ed Date 02/23/2015 To: Kathleen Windsor Please put our case on the agenda for the BOCC Meeting on March 18th ,2015 at the Marathon Government Center. We will both be in attendance for the meeting. Thank you, Michael and Cindy Ed Phone 305-304-5321 Email: cndysworld@yahoo.com KaY LAPO(OWASIRVAKTM 9"M avaRsaks HW% Kapy aL!Ak =Vft 330V .1k. 49% PHOM �f a4e � WWW.KLWTD.COM COURTESY NOTIFICATION PLANNED MANDATORY CONNECTION TO CENTRAL WASTEWATER SYSTEM May _, 2010 [AK number of parcel] [Name of property owner] [Mailing address] Parcel Address: [Street address of parcel] Dear Property Owner: This letter is to remind you that a 30 day Mandatory Connection Notice will be sent to you in August, 2010. If you have not connected before the mandatory connection date, you will still be charged for wastewater service to your property. As you proceed to install your lateral connection to the central wastewater system, please remember that you must obtain an Approval to Proceed letter from the District, a Health Department Permit, and a County Building Department Permit before beginning construction. It is also your responsibility to properly abandon your current onsite sewage treatment and disposal system after the District begins to receive and treat your sewage. The abandonment must be coordinated with the Health Department, which will assist you with completing your permit. Before you permanently connect your house to the system you must contact the District office at 305-451-4019 so that we may open your valve and begin to receive sewage from your property. If you are a condominium owner, this notice may not apply to you. Please contact your Association management for additional information. Sincerely, 6har&s Off' Cohburn Charles F. Fishburn General Manager 4 < ; � 2 2�2 ❑ O2 O § § e 6 ff cro .7� \\ �( OOO �f�f . .. O o § x ■ \6 E � | � /k} of 5733 03 �2%k w� o 22�ff� m -o a E / 0 16 f f k § § § 2 7 u b J n§ z kk0:5#}kz� k o CL 0 ■ ? �4 <=mom « °w # Deep IM131 09/14/2012 10t17AM Filed & Recorded 1 Off11etal Records of MONROE COUNTY sANNT L. KOLHAGE THIS INSTRUMENT PREPARED BY AND RETURN TO: 09/14/2812 19:17AM Lisa L.Miller DEED DOC STAMP CL: RE $1,746.50 Coral ReefTitte Company 100125 Overseas Highway Key Largo. Florida 33037 Property Appraisers Parcel Identification (Folio) Numbers: 00470240.000000 Do" 2899151 Gkp 2088 PSN 21M Space Above This Line For Recording Data ) a Se Pian64p— THIS WARRANTY DEED• made the 31et day of August 2012 by Joyce E. Ledwith, an unmarried woman, herein called the grantor, to Michael -John Ed and Cindy Ed, husband and wife, whose post office address is 36 Transylvania Avenue, Key Largo, FL 33037, hereinafter called the Grantees: (Wherever used herein the terms 'grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 001100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Monroe County, State of Florida, viz: Lot 37, Block 19, LARGO SOUND PARK FIRST ADDITION, according to the plat thereof, as recorded in Plat Book 3, at Page 139 of the Public Records of Monroe County, Florida TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantees that the grantor is lawf dly seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of ��l- a-t- Sc.fl�l.t.r, �(,4 _ J�<< �',�.�, ��,�el-�•- ,l.�,d(,ui><q� //�� Witness #1 Signature Joyce E. Ledwith, by Stephen A. Ledwith, -A T- - / atty in fact 1 _Jp �� ��• l �% �1 I[°n(� P �� 826 Butte Street, Neenah, WI 54956 Witness #1 1'rin d Natpe Wi M'1/diNess At1IICX 114MA With #2 Printed Name STATE OF�OA)5COUNTY OF K The foregoing instrument was acknowledged before me this st day of August,2012 by Ledwith, by St4jf& A. Ledwith, atty in fact who is personally known to me or has produced lJFjtt G�Jul E e#1 jQc;p�fication. r. ; 'i� �1 r1 •' ,�y ed tary Name =%��........•'� r. My eommisston expuer: Ol e •r • OFFICIAL RECORDS Rev .4dM5 Warranty Deed- Individual to Individual 90m a S HW, KEY LARG%, FL 33037 POST off= Box 491; KEY LARGov FLORIDA PHONE om 451-4019 OAK OM �s say► y ,r 41e �roai't WWW.KLWTD.COM November 16, 2012 AK:1577413 ED Michael -John and Cindy 36 TRANSYLVANIA AVE Key Largo FI 33037 Property Address: 36 TRANSYLVANIA AVE Dear Property Owner: If your property is vacant or has been combined with another piece of property, please notify us at 305- 451-4019 or email us at carolw(o-)klwtd.com. Please be advised that if you have not started connection to the central wastewater collection system within 30 days of this letter, you will be processed to be turned over the Monroe County Code Compliance. The District will not be able to reverse any enforcement process once it is set into place. You can avoid this time-consuming and costly process by completing the connection. Please notify this office when you start. If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (AK) which is located at the top of this letter. Monroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low income owners. The grant will pay for the connection. The application is available on our Website (KLWTD.com) and at the office (98880 Overseas Hwy, Key Largo). If you have extenuating circumstances, please contact the office. The contact is Carol Walker, District Clerk at 305-451-4019 Ext 205, email is carolw(aD_klwtd.com. Sincerely, Ma•>r'gvwet 8ta4n k1 Margaret Blank, General Manager m 0 carded Fve r-3 C3 RpAumn RWXAPt F'00 (r...'mdomement RequiWO 0 $-Resb,W_W Defivevy Fee rq 1:1equbul) rq m Ln 1577413 C3 C3 ED Michael -John and Cindy 36 TRANSYLVANIA AVE of F-10 B Key LargoFl 33037 .............. L,ARRM VOkSTUVOLIM iR WIORW CASTVWT SUM O HV"94 `LwARGQI� FL, 7 POST CW r Rum Bolt Ass 1 LARD PHMM OM M14015 I 7 69 t0eua Be epee r June 11, 2013 WWWKLWTD.COM AK: 1577413 Transylvania Ave ey Largo, Fla. 33037 Property Address: 34 Transylvania Ave Dear Property Owner: If your property is vacant or has been combined with another piece of property, please notify us at 305- 451-4019 or email us at carolw(d-)klwtd.com. Our records show that you have not connected to the Key Largo Wastewater Treatment District System. You have (30) thirty days from the date of this letter to connect or your property will be referred to Monroe County Code Compliance for action. If you have completed the connection process, please contact this office and give us the property's Oternate Key Number (AK) which is located at the top of this letter. Monroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low income owners. The grant will pay for the connection. The application is available on our Wesbite (KLWTD,com) and at the office (98880 Overseas Hwy. Key Largo). If you have extenuating circumstances, please contact the office. The contact is Carol Walker, District Clerk at 305-451-4019 Ext 205, email is carolwO-)klwtd.com. Sincerely, Mowoowet31aov Margaret Blank, General Manager O O PWet"Iin nerraOpt Fee F"WreWmiWa e6a G kb stNeoW P Wee46acWny IF esq Qk rtua or se;enne nk RmaaWuq'ead) 1577413 ��eesa�,f ru o 6# 75 "" --Ed Michael -John and Cindy 34 Transylvania Ave Key Largo FI. rxry ^�rr�'r 33037 °w Ill ioio i���l iV'.. m� ���iu'�oi�n"�`>wkuul<M81YhtiW11�10N1644Y�Sri'lU�l'P'�'gIIM1�"�'INNfx1�Mll�VVV�VVUI�Vww!Jul!u"�uriV'�iuivuuup��m�muei�mr�mmmrv�wxm�mr�oimuua�wrwu W;�r�" 0 CO 1 Cr 2 •? 0 'g S 3 3 m 0 C3 ru 03 O ca 0 0 G Ln O a ti ti Ln j w W w m I- LUT ten' o m w > On (A S fx o -< T d O c Ol S D m rz n a A W :33 ❑❑❑( ❑❑13 O �a �3 3 m a m ammm MM14 my Uuta0IFL 33M KWID,� [ vmw�' WWW.KLWTD.COM July 19, 2013 1577413 d Michael -John & Cindy eTransylvania Ave y Largo FI 33037 Property Location: 34 Transylvania Ave If your property is vacant or has been combined with another piece of property, please notify us at 305- 451-4019 or email us at carolw(aD-klwtd.com. Our records show that you have not connected to the Key Largo Wastewater Treatment District System. You have been given an extension and that has run out. If you feel that you need more time please contact the KLWTD Office. If we do not hear from you in two weeks from the date of this letter your property will be referred to Monroe County Code Compliance for action. If you have completed the connection process, please contact this office and give us the property's Alternate Key Number (AK) which is located at the top of this letter. onroe County has a Community Development Block Grant (CDBG) available for qualified middle -to -low come owners. The grant will pay for the connection. The application is available on our Website KLWTD.com) and at the office (98880 Overseas Hwy, Key Largo). If you have extenuating circumstances, please contact the office. The contact is Carol Walker, District Clerk at 305-4514019 Ext 205, email is carolw(aD-klwtd.com. Sincerely, Margaret Blank, General Manager 0 C4 0 a �w r-q u rU ru h I0cr r-i rs 4„ hRw �. Gi »: ........ ..... .....���� zi�6bYQ.d �m �........ �.. �.,.....,, W „w, ,,,,,,,, II'k Rehiawm FwxwkqNl Fee Hem (Eamdo aamant rc�ciutra d) ...w.�...,.m., �. -a (L,'ama a mwdo' a km* rq ' 1577413 oN Ed Michael -John & Cindy , 34 Transylvania Ave , Key Largo FI 33037 ek NISPIRM fA County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: ED MICHAEL-JOHN & CINDY Case Number: CE13100040 34 TRANSYLVANIA AVE KEY LARGO, FL 33037-4718 Location: 34 TRANSYLVANIA AVE, KEY LARGO, FL 33037 Re Number: 00470240000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 12/02/2013 and subsequently found the following violation(s) of the Monroe County Code: 20-78.(a) - MANDATORY CONNECTION/SEWER FAILURE TO MAKE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A SEWER LATERAL CONNECTION PERMIT. CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN AN ABANDONMENT PERMIT. ALL PERMITS AND CONNECTIONS WILL REQUIRE PASSING FINAL INSPECTIONS FROM ALL APPROPRIATE AGENCIES. ( L4 PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 02/27/2014 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ( You can avoid attending the hearing if all violation(s) noted above are corrected by 02/26/2014 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. ( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(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. % Q ( ) 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. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: SCHOENROCK, TRACI °IT` 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 2 Q 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 8688 7326 on 12/ /13 . ode Compliance Department IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting,, if you are hearing or voice impaired, call "711 ". ki MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS COMPLAINT NUMBER: CE 13 WOD .0 ti m N CIO co r11 co rl O C3 O O CO r`- ru n a Q r- Ili���..����� Michael John & Cindy Ed 34 Transylvania Ave Key Largo, FL 33037 CE13100040/NOVN91 S N R w ifl eal IFee ffDm^Ilw. in Rea 0ia4 Ffxk (F,:aadoir emnmaird 6De gaafi ed) FWstiddod tl:DOiiaanmlrF FOG (IG:l;:irualmslre:amaaineid i~Nmaaliisll ed) F°DaDmai D.:roaasbir e &G.Foes nr PO Hav No, �IIIII � :mull@III I �, ■ Complete items 1, 2, and 3. Also 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, Article Addressed to Michael -John & Cindy Ed 34 Transylvania Ave Key Largo, FL 33037 CE13100040/NOVNOWrS 1:waslniatk D' eve A. Sig ❑ Agent ❑ Addressee B. Re ed by ra=e)C.e oflivery d D. Is delivery different from item 1? ❑Yes If YES, ente livery address belowr ❑ No 3. Service Type )Certified Mail ❑ Express Mail ❑ Registered O Retum Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 2 Article Number 7 010 2780 0001 8688 7326 (Transfer from service tabeQ PS Form 3811, February 2004 Domestic Return Receipt 1025s.-o A&154o BEFORE WHE COUNTY CODE COMPLIANCE SPECIAL MAGIS� RATE MONROE COUNTY FLORIDA, Petitioner, vs. fz,e�wj— - Respondent(s). MONROE COUNTY, FLORIDA Case No. CE Inn!) 540 I Subject Property Real Estate Number. i 1 I..... .--.. ---Docq 2000804 10/09/2014 10: 24MM Filed & Recorded in Official Records -of MONROE COUNTY AMY HEAVILIN 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 P re no resent and d did 001 we contest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth. °_ ( 4The Respondent(s) islare the owners) of property located within Monroe County and wastwere duty noticed of the hearing. (,6 The Respondents) islare in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( ) The violation(s) is found to be irreparable or irreversible and a one-time fine of $ is ORDERED, payable within days of this Order. (.4 Pursuant to Section 162.07(2) of Florida Statutes all costs Incurred by the County In prosecuting the case is ordered to be paid within thirty (30) days of compliance. Costs will continue to accrue until compliance is achieved and the case is closed. (/1 The Respondent(s) shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before 41 ('THE COMPLIANCE DATE'). M 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 $ � Docq 2000804 BkN 2706 PgN 1862 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) Ware in violation is/am hereby ORDERED. (It is further ordered, that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondents) 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 Compliance within thirty (30) days of this Order. 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 UPPER KEYS• (3051289.2810 FOR THE MIDDLE KEYS' (30512924495 FOR THE LOWER KEYS. DATED this gv day of t / 20, John Page 1 of 2 /j (10 FINAL ORDER PAGE 2 CASE NUMBER: CE13100040 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: ED MICHAEL-JOHN & CINDY ED DocO 2000304 34 TRANSYLVANIA AVE Bkq 2706 P9# 1863 KEY LARGO, FL 33037-4718 Location of Subject Property: 34 TRANSYLVANIA AVE KEY LARGO, FL 33037 RE NUMBER: 00470240000000 APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. /,,4 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 U.S. mail to Respondent(s) address of record with the Monroe p on this above anday of Authorized Representative referenced ab .20 County Property Appraiser's Office as Petrick, PAGE 2 of 2 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Michael -John and Cindy Ed Respondent(s) In the matter of: Re# 00470240-000000 DocN 2000804 Bkp 2706 Pgn 1864 Case Number CE13100040 AGREEMENT TO ENLARGE COMPLIANCE DATE AND ORDER APPROVING SAME The Petitioner Monroe County Code Compliance by and through the undersigned Code Compliance Inspector and Michael -John and Cindy Ed, hereby agree to the following: The Final Order dated February 27, 2014 ordered a compliance date of June 1.2014. The Respondents are not going to be in compliance by that date. 2. Respondent(s) agrees that the violation(s) still exists in the above captioned matter and; (a) The parties are now agreeing to extend the compliance date to October 1. 2014. (b) The Respondent waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. (c) The Final Order dated November 14, 2013, and any evidence in the Code Compliance file will be deemed the record in the case; and 3. The property will be checked for compliance on October 1.2014. (New compliance date). C-.\User3schoenroc4tracilDesktoASewetExtension�Order approving agreement to enlarge the Compliance date for Judge to approve.doc 0 4. The parties understand that a fine of $100.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. The fines will accrue as follows: Dooa 2000804 Bkq 2706 Pg# 1865 20-78.(a) $ 100.00 per day 5. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). 6. The Respondent(s) specifically agrees that this Agreement may be recorded in the public records of the County and if recorded shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 20-78.(a) exists. This Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 7. Respondent(s) agrees and represents that Respondent(s) entered into this Agreement of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. The parties understand and agree that the Respondent(s) may revoke this Agreement and that such revocation must be done in writing or done in person with Inspector Traci Schoenrock by the end of business June 10, 2014. C:\UserAschoonmckrachDesktoftSewetExtensiontOrder approving agreement to enlarge the Compliance date for Judge to approve.doc 2 lei By signing this Agreement, both parties represent that they have the authority to enter into this agreement and further, that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. Print Name STATE OF 1..) .w k 6A COUNTY OF 9 ,, -. PERSONALLY APPEARED BEFORE ME, the undersigned authority, - .. ( m., who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space prove ed above on this day Of 20L NOTARY PUBL :ati'''YL LISALMILLER +, +_ MY COMMISSION I FF 000389 YL' EXPIRES: June 15, 2017 %'/t jji?hY:•'. Bonded Thru Notary Public Underwriters Signature of Petitioner (County) /Date . Inspectors name STATE OF S.�_ COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, ,12ko-17 re who, after first being sworn by me, affixed his/her signature (name of individual sning) in the s ace provided above n this day of 20 NOTARY P BLIC DocN 2000804 Bk# 2706 Pgp 1866 Signature c f Respondent(s) / Date Print NAe STATE OF 0 eA COUNTY OF' PERSONALLY APPEARED BEFORE ME, the undersigned authority, -- G n ' J who, after first being svorn by me, affixed his/her signature (name of individual signing) in the space provided above on this I da of "iy 20.E ell NOTARY PUBLI Y USA L MILLER +: +a MY COMMISSION I FF 000389 '1.jT2 EXPIRES: June 15, 2017 •'led! Thru Notary public Undenvritent (" /';� I / y WILE M. PETRICK MY COWaSSION I FF 08= EXPIRES: December 30, 2017 ti � Bonded Tluo Notary pubic Undembrs Rf f4" C:\User§schoenrocltrachDesktopewetExtensionOrder approving agreement to enlarge the Compliance date for Judge to approve.doc if 0 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE DocN 2000804 Monroe County Code Compliance BkN 2706 PgN 1867 Petitioner VS. Case Number CE13100040 Michael -John Cindy Ed Respondent(s) In the matter of: Re# 00470240-000000 ORDER APPROVING AGREEMENT TO ENLARGE COMPLIANCE DATE This matter comes before the undersigned Special Magistrate upon the Agreement of the parties to enlarge the compliance date, which was initially established in the Final Order rendered on , ,EZ/1 . Upon consideration of the parties' Agreement and being otherwise advised, it is ORDERED that: 1. The Agreement attached hereto is approved, adopted, and incorporated by reference, to this Order as if fully set forth herein. 2. The terms and conditions of the Final Order dated lq 7/l 4 remain the same. 3. The new compliance date shall be Fines shall accrue as specified in the Final Order of / 7 ,11tl the property is not brought into compliance by this date. DONE AND ORDERED this da,20 de Hp1iance Spectal �Magisate CERTIFICATE OF ORDER I hereby certify that this i a true and correct copy of the above Order. MONROE COUNTY OFFICIAL RECORDS 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 U.S.mil to Respondent(s) address of record w/ the Monroe County Property Appraiser's Office as VV referenced above and/or Authorized Repr on this day of , 20 l ������. . Nicole M. Petrick, Liaison C:\Users\schoenrock-traci\Desktop\Sewer\Extensions\Order approving agreement to enlarge the Compliance date 746 Largo.doc , MONROE COUNTY, FLORIDA RESOLUTION NO.05'A2014 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON -COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8-31(a) give the Special Magistrate appointed to hear Code Compliance cases the authority to impose fines and costs including the cost of repairs if the County is forced to make repairs, after a finding that the property owner has violated the Monroe County Code(s); and WHEREAS, pursuant to Section 162.09(3), Florida Statutes and Monroe County Code 8- 31(c), a certified copy of an Order imposing a fine or a fine plus repair costs may be recorded in the public records and thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; and WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all real and personal property owned by the violator once recorded with the County Clerk; and WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded liens; and WHEREAS, the initiation of litigation may be the only incentive for some property owners to gain compliance; and WHEREAS, the Board of County Commissioners finds it in the public's interest to have a formalized written procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief on non -compliant properties, foreclosure and/or money judgment actions for collection of unpaid fines and/or costs from a property owner; March 19, 2014 Code Lien Procedure NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1: The County's formal procedure is hereby adopted as set forth in Attachment A: PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON -COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER. Section 2: This resolution and the incorporated policies shall become effective upon adoption by the County Commission. PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the 19th of March , 2014. Mayor Sylvia Murphy Mayor pro tem Danny L. Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice tK �..� Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Ma or Syl a Murphy 07 March 19, 2014 Code Lien Procedure Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Ma or Syl a Murphy 07 March 19, 2014 Code Lien Procedure ATTACHMENT A PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON -COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER 1. Special Magistrate (SM) enters a Final Order imposing a compliance date, fines and/or costs after a finding of violation of Monroe County Code(s) by property owner (violator) or approving a Stipulated Agreement with an agreed upon compliance date and fine amounts. The Final Order of SM providing the compliance date, and imposing fines and/or costs is provided to the property owner as soon as practicable. Referrals, if not made previously, are made to other agencies in appropriate circumstances. 2. The Final Order of the SM is recorded by Code Compliance (CC) as a lien by Code Compliance within 14 days after the compliance date for those cases that have not achieved compliance. 3. The Final Order of the SM is recorded as a lien by CC within 45 days after the compliance date for those cases that have achieved compliance by the compliance date but have outstanding costs in excess of $200. 4. If compliance is not achieved within 75 days of the recording of the lien, then a re -inspection of the property is completed by the Code Inspector assigned to the case. If the property is still not in compliance then a demand letter including the current amount of fines and/or costs is sent to the property owner. 5. If compliance is not achieved within 90 days of the recording of the lien and/or the lien is not satisfied, then CC will research the subject property to determine: i. if the subject property is homesteaded; ii. if the subject property is the only property owned by property owner/violator; iii. what efforts, if any, the property owner has made to achieve compliance; iv. the amount of the lien accrued to date; and v. any other relevant factors, including but not limited to researching the status of the property owner, i.e. any Lis Pendens filed against the property or property owner, any pending or closed foreclosure actions, any open, pending or discharged Bankruptcy petitions. 6. CC staff shall provide a written memo or email to the County Attorney's Office (CAY) with the results of the research outlined and requested further action. 7. The CAY will review the information provided by CC staff. R. The CAY will move the SM per F.S. 162.09 for an Order authorizing foreclosure or a money judgment action; and, March 19, 2014 Code Lien Procedure i. The Code Compliance Liaison (Liaison) will schedule the motion for the next available SM hearing for a Motion for approval to proceed with a foreclosure and/or money judgment action; ii. The Liaison will mail a Notice of Hearing and Notice of Motion prepared by the Liaison and signed by the CAY to the property owner by certified mail noticing the owner of the date, time, place and the substance (collection action, foreclosure and/or money judgment and/or writ of attachment) of the motion; iii. The Liaison will email/calendar a re -inspection request to the assigned Inspector to conduct inspection prior to the next available SM hearing; iv. The Motion hearing is heard by SM on the specified date; v. If SM finds foreclosure or money judgment is appropriate, the Liaison will notice the property owner of the SM's ruling and email/calendar a re -inspection request to the assigned Inspector to conduct an inspection within 30 days of the SM ruling; vi. CAY will seek permission from the Board of County Commissioners to file for foreclosure or money judgment in court; vii. The assigned Code Inspector will continue to monitor the property for compliance through re -inspections every 90 days and attempts to notify the owner by a quick email letter, telephone call or demand letter every 90 days to inform them that the property is not in compliance and fines are running. The assigned Code Inspector will provide written updates to the CAY every 90 days. 9. Subsequent to the SM's ruling on the Motion, the CAY will place an item on the Commission's agenda seeking the Board's direction and authorization on further enforcement and collection efforts. Potential options for litigation include seeking injunctive relief, a money judgment for the unpaid fines, foreclosure, or other relief. Potential non -litigation options include referral to another agency, allowing liens to accrue, or other relief. 10. If the recommended legal action is referral to another agency, release of lien, or allowing liens to accrue, CAY will send a written memo or email to the Director of Code Compliance outlining recommendation. 11.Once authority is granted by SM and/ or Board of County Commissioners, CC will order a title search on non -homesteaded properties, and the assigned Code Inspector will conduct a re - inspection after receipt of the title search. Litigation will commence after the title search is completed and a current re -inspection is completed. The assigned Code Inspector will continue to monitor the property for compliance through re -inspections every 90 days and attempts to contact the property owner by a quick email letter, telephone call or demand letter every 90 days that the property is not in compliance and fines are running. The assigned Inspector will provide written updates to the CAY every 90 days. 12. If the Board decides not to authorize injunction or enforcement litigation, a decision from the Board could include direction to: i. Allow lien to remain filed and accrue interest until sale or refinancing; or ii. Release the lien; or iii. Request CC staff to provide a progress report on compliance efforts annually at the March BOCC meeting. Exception -µIf a violation poses a serious threat to the public health, safety & welfare then immediate permission to file an action for an inspection warrant, injunction and/or demolition may be sought with BOCC direction. March 19, 2014 Code Lien Procedure PERMIT INFORMATION PLEASE NOTE: FEES LISTED ARE ESTIMATES ONLY. BEFORE WRITING ANY CHECKS, PLEASE CALL THE BUILDING DEPARTMENT TO CONFIRM. Permit Number 14305811 RE 00470240000000 Permit Type 55S Balance Due $0.00 Property Address 34 TRANSYLVANIA AVE 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 12-29-2014 Operator Operator Project Number Operator Usage Class Units Contractor ID MTCCSRI 12-29-2014 MTCCSRI RES 7500 0 0 13103 PROPERTY RE Unit Address City/State/Zip ON PERMIT 00470240000000 34 TRANSYLVANIA AVE KEY LARGO, FL 33037 OWNER ON PERMIT Name ED MICHAEL-JOHN li CINDY Address 34 TRANSYLVANIA AVE City/State/Zip KEY LARGO, FL 33037-4718 Type Private APPLICANT No Applicant Information on file for this permit MISCELLANEOUS INFORMATION / NOTES 34 TRANSYLVANIA AVE - LARGO SOUND WASTEWATER CONNECTION NOTICE OF COMMENCMENT NOT REQUIRED,._ m _..... ._.. a..._.._...... PERMIT APPROVAL FOR THE INSTALLATION OF LATERAL _ WASTEWATER CONNECTIONONLY, AS PER APPROVED PLANS m m eSOS e v e µ w eW WASTEWATER LINE BETWEEN VALVE PIT AND BUILDING TO BE INSPECTED BEFORE BEING COVERED. INSPECTIONS NEED TO BE CO, , MPLETED BY MONROE COUNTY AND KEY LARGO WASTEWATER TREATMENT DISTRICT. ..nl... /___...:.i..__ .+ -11 ........o..e... 4 ....-1 A2nGQ1 1 JP...:a—nnn7nlnnnnnnnn Permit Information - Permit 14305811 Page 2 of 3 PER WASTE WATER BOARD 4" LINES REQUIRED FINAL INSPECTION OF TIE-IN NEEDED. . ...... .. _.... _. __ NO TREE REMOVAL/..._LANDCLEAR THI.. LAND ._ . S PERMIT. .I UNDERSTAND THA,...,. ._ ...._ T THE SEWER CONNECTIONS FOR PROPERTIES NOT CURRENTLY CONNECTED TO " A CENTRALIZED WASTEWATER SYSTEM HAVE BEEN DETERMINED BY THE STATE OF FLORIDA AND MONROE COUNTY TO BE NECESSARY IN ORDER TO AVOID AN IMMINENT..RISK RISK TO PROPERTY AND A PUBLIC HEALTH AND SAFTEY NEED. I FURTHER UNDERSTAND THAT THE ISSUANCE OF THIS WITHOUT THE BENEFIT OF PROPER APPROVALS. _ ............,, APPROVAL OF THIS PERMIT DOES NOT .. ................_ DEEM ALL DEVELOPMENT AS CONFORMING OR DEEM UNLAWFUL . ............. DEVELOPMENT AS LAWFUL GHT THE GROWTH MANAGEMENT DIVISION RESERµYES THEE RIGHT TO REQUIRE THAT SUCH DEVELOPMENT BE B._._._ _ ROUG INTO NTO COMPLIANCE THROUGH THE PROPER PROCESS APPROVAL PR�—�—� _ _ OR TERMINATED UPON FUTURE DISCOVERY. ALL DEBRIS TO BE REMOVED TO A LEGAL DUMPSITE. wuw. �... w._ ...._...._. ..... .... .... .......... NO PLAN DEVIATIONALLOW... ......._m.��_,.m.�, ���....,.M.....��,,N ED WITHOUT A REVISED PERMIT. INSPECTIONS REQUIRED PER PERMIT CARD. WORK THIS PERMIT N0 OTHER... ................ _.....�..... ................ DEEMED NON-DEVELOPMENT.DEO EXEMPT. PLAN REVIEWS Details Revision Stop Number Status Status Date Reviewer Notes BUILDING OFFICIAL DESIGNEE 1 P 12-30-2014 MTCPLUMB 0 UPPER KEYS BUILDING DEPT r ...... .__. ..F �,.. s.0 ._�... _� 12-30-2014,- . n.— .MT.CC.. _SR._I_,.. I _. .,—„"-0, . FEES F FE ID UNITS QUANTITY FEE AMOUNT PAID TO DATE CONT-INVES FLAT RATE 1.00 11.00 11.00 DBPR UNITS 1.00 1.80 1.80 DBPR REED UNITS 1.00 0.20 ._„....1 0.20 ... ...�...... UNITS.._...., o....,.� ,._...... _.� DCA 1.00 ... 1..8.0 8.. DCA RE ED ..... .. UNITS.. ..... 1.00 0.20 0 20....... SF SEWER FLAT RATE 1.00 55.00 55.00 TOTAL FEES: $70.00 TOTAL PAID TO DATE: $70.00 PENDING PAYMENT: $0.00 BALANCE: $0.00 CONTRACTORS GENERAL CONTRACTOR General Contractor MCF CONSTRUCTION INC Contractor ID 13103 L...__/d •----........_�.. 11 —11..__. 1)...... ;. ---In'2ncoi l p...:a...nnn7m n nnnnnnn 1)�1 IOni; Permit Information - Permit 14305811 Page 3 of 3 Address 126 GRAHAM STREET SE City/State/Zip PORT CHARLOTTE, FL 33952 Phone (305) 414-8401 Work Comp Expires 10-01-2015 Insurance Expires 11-14-2015 License Expires 09-30-2015 Status A INSPECTIONS TYPE HUM INSPECTOR SCHED INSP INSP RES CONFIRM NOTES DATE DATE TIME KEY LARGO WASTE I LM 01-23-2015 01-23- P 20159119 0 2015 FINAL H.R.S. APPROVAL - . .. ............................. 01-15- SEPTIC 1 01-15-2015 2015 P 20158273 0 FINAL PLUMBING 1 TUGWELLP 01-12-2015 01-12- 1 20157839 1 2015 SEWER 1 TUGWELLP 01-08-2015 01-08- P 20157559 1 2015 UNDERGROUND PLUMBING I TUGWELLP 01-07-2015 01-07- P 20157423 1 2015 NOTICE OF COMMENCEMENT 01-05- RCRD 1 01-05-2015 2015 P 20157212 0 Use of this website constitutes your acceptance of the website disclaimer and terms of use. Your privacy is important to us, for more information see our privacy policy. Copyright a 2007 - THE PLUS SERIES m - All Rights Reserved hti-n-fleanv mnnrnPrmintv-fl anv/PC.nvPIn-z/"Prnnit/nPrmit all neny9nPrmit nn—IAAnr%Rl 1Rrn;A=nn47n7.4nnnnnnn 17/li 1 linlIq i Milan I& Edt AiCWM Del* UmIs. PIE........ �q AddressCase Number ICE13100040 Origination 15- r..'. Fines SPECIAL Ordinance Date Ordered Comply By Fine Start Daily Fine w w w Fine Details Ordinance Code .(a) rContinuous t Data Ordered 4 urt.. o 1 1 1 Its, Fine Start 1010=14 ir'1.Daily Fine 1 Number of DaysF-113 CurrentFitne F-1130MOD Complied 1 1- 11 SettleAmount See DateIrk. AmountPaid CLOD Deft Paid x1 _. / Date w Suspend baitu January 8, 2015 Case Number: CE13100040 Location of Subject Property: 34 Transylvania Ave, Key Largo, FL 33037 Good afternoon Traci, I would like to thank you for everything you are doing in assisting us with a stressful situation regarding our sewer connection. Your continued efforts will help us in resolving the current issue. In April 2013 we applied for financial assistance through the Monroe County 2010 Small Cities Community Development Block Grant (CDBG) Program with Government Services Group, Inc., to assist us in paying for our sewer connection. In December of the same year we received a certified letter stating we had a hearing before the county code compliance special magistrate, scheduled for February 2014. Michael Ed spoke to you on the phone and was told that you would represent us on our behalf and that we did not need to attend, due to our grant application in process. A new comply date was set for June 1, 2014. In May, Cindy Ed contacted you regarding the compliance date and filled out paperwork for an extension. During that phone conversation Cindy Ed asked if you could contact Meridian Community Services Group and expedite the application process, as we wanted to comply with our connection as soon as possible. You explained that it would be a conflict of interest for you to interfere with the case since you were our code compliance inspector. Over the course of 1 year 5 months we were in constant contact with Meridian Community Services Group for updates, current employment and income verifications, Promissory Note, work write-up and mortgage deed notarization and signature paperwork, and various questions by the land surveyor regarding our County of Monroe Growth Management Division mandated address confirmation change of physical address. During Meridian's approval of our application and subsequent complications within the Department of Health in issuing our permit, the previous code compliance extension expired. Meridian Community Services Group (Government Services Group) was given the approval to start the contractor selection process for our property in September 2014. During which time they experienced internal delays, such as change of staff and delays in notices to proceed, as explained to you by Deanna Lloyd the program manager. We received a letter on January 6, 2015 stating a lien had been placed on our property (lien date October 9, 2014) and we were/ are currently incurring a $100 per day fine since October 2, 2014, totaling $8,372.38 as of December 23, 2014. We immediately contacted you upon receiving the letter and having brought our attention to the situation, of which we were unaware that fines were being incurred. During the months of October and November, when the lien was placed and fees began, our application continued to move forward and we were approved for the grant. We are asking for your help in backdating paperwork for our extension. The county has granted this request to other applicants and I am positive that with your assistance we will be granted the same, due to our special circumstance. As you are aware, the same day that we received the lien notification letter, the contractor was already onsite starting the connection. As of the date of this letter, the sewer connection process has been completed, awaiting final inspection by the Department of Health. We appreciate the communication we are receiving and tremendous effort you are showing regarding our case and its resolution. As you know, the grant program is meant for families with financial hardship, so the fines incurred during the latter stages of this process would put a great financial burden on us and our child. Warm Regards, Michael and Cindy Ed and Family This instrument was prepared by: Doeti 2009M 12/ 17/2014 12:26PM Inc.Filed 8 Recorded in Official Records of Government Services Group,MONROE COUNTY RMY VINVILIN 1111 12`h St., Unit 106 Key West, FL 33040 12/17/2014 12:26PM MORTGAGE DOC STAMP CL: $26.25 COUNTY OF MONROE MORTGAGE DEED (Due on Sale, Refinancing or Rental) if 2010 SMALL CITIES CDBG PROGRAM Na SINGLE FAMILY - SEWER CONNECTION 0i '9 This mortgage is made this _I_eday of NOU+I-La, 2014 between the Mortgagor, Michael a N John and Cindy Ed, A Married Couple (herein the "Borrower,") and the Mortgagee, theGO COUNTY OF MONROE, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (herein the "Lender.") WHEREAS, the Borrower has applied to the Lender for a loan from the Monroe County, 2010 Small Cities Community Development Block Grant (CDBG) Program, in the original principal amount of Seven Thousand Five Hundred Dollars and Zero Cents ($7400.00). the "Loan," and the Borrower along with his family, intends to reside as a household in the Property (as defined herein,) which Property is a single-family residence; and WHEREAS, the Borrower is indebted to Lender in the principal sum of Seven Thousand Five Hundred Dollars and Zero Cents 7 00.00 which indebtedness is evidenced by the Borrower's Promissory Note dated i — ID 2014. (herein "Note,") providing for forgiveness of the principal indebtedness if not sooner paid, on 2024. TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the payment of all other sums, advanced in accordance herewith to protect the security of this Mortgage: and the performance of the covenants and agreements of the Borrower herein contained the Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of Monroe, State of Florida: Legal Description: BK 19 LT 37 LARGO SOUND PARK P83-139 FIRST ADDITION -KEY LARGO OR578-74 OR822-655 OR862-1905 OR895-2016 OR954-1844/46 OR1095-1736 OR1099-241C OR1289-401C OR1309-1837 OR1466-999 OR2588-2190 Which has the address 34 Transylvania Ave. Key Largo, FL 33037 (Street) (City) (State) (Zip Code) (herein the "Property Address:") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the First Mortgage in favor of Participant, and for other encumbrances of record. Borrower covenants, represents and warrants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the First Mortgage and other encumbrances of record. BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1. Payment. Payment of principal shall be deferred for a term of ten (10) years from the date of this Note. Should I own and occupy the property as my primary residence for the term of the Note, the entire principal balance shall be forgiven, and no amounts due Doca 2US333 upon maturity. Bka 2716 Pya 2184 In the event of the sale and/or transfer of ownership or I no longer occupy the property as my primary residence, the prorated principle balance will be due in full within thirty (30) days of said sale/transfer or cessation of primary residency. The principal is amortized in equal monthly amounts starting in year six (6) until year ten (10), at which time the loan is fully forgiven. In the event that I die or both/all owners die within the ten (10) year loan period, repayment of the loan will be required by my/our estate(s). Any heir may assume the loan provided they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and, the first mortgagee consents to the assumption of their loan 2. Prior Mortgages and Deeds of Trust: Charges: Liens. Lender and Borrower acknowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of any prior Mortgage and to all advances heretofore made. The Borrower shall perform all of the Borrower's obligations under any prior Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due. The Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 3. Hazard Insurance. The Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, provided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the Lender. The Lender shall have the right to hold the policies and renewals thereof, subject to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the Lender within thirty (30) days from the date notice mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 4. Preservation and Maintenance of Property: Leaseholds: Condominiums, Planned Unit Developments. The Borrower shall keep the Property in good repair and shall not commit or permit waste, impairment or deterioration of the Property. Borrower shall comply with all existing and future laws, regulations, ordinances, and orders of governmental authorities having jurisdiction over the Property. 5. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property. Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property. Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. IFS an a N 6. Inspection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to MI any such inspection specifying reasonable cause to the Lender's interest in the Property. N 7. Condemnation. The proceeds of any award or claim for damages, direct or m consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage. 8. Borrower Not Released: Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in any manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assigns Bound: Joint and Several Liability, Co-Sieners. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof. If more than one Borrower executes this Mortgage, all covenants, representations, warranties and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note: (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to the Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without the Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 10. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in the Mortgage shall be given by delivering it or by mailing such notice by first class mail addressed to borrower or the current owner at the Property Address or at such other address as Borrower may designate in writing by notice to Lender as provided herein, and any other persons personally liable on the Notes as their names and addresses appear in Lender's records at the time of giving notice and (b) any notice to Lender shall be given by first class mail to Lender's address at 1100 Simonton Street, Key West, Florida 33040 or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 11. Governing Law: Severability: Costs. This Mortgage shall be governed by the laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 12. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 13. Rehabilitation Loan Aereement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other agreement that Borrower enters into with the Participant, the Lender, at the Lender's option, may require Borrower to execute and deliver to the Lender, in a form acceptable to the Lender, as assignment of any rights, claims or defenses that Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. sg 14. Transfer of the Property. If all or any part of the Property or any interest in it is sold, s N transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy a" or other proceeding, or if foreclosure action is instituted against the Property, or if the N Property is leased or rented, all sums secured by this Mortgage shall immediately become due and payable as provided herein. O1 15. Acceleration. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is given provided in Paragraph 10 hereof within which the Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. 16. Remedies. Except as provided in Paragraph 14 hereof, upon the Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, or in the event that the Borrower shall have made material misrepresentations or material omissions in his/her/their application for a 2010 Small Cities CDBG Program Loan, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to senior lien holders and to the Borrower as provided in Paragraph 10 hereof specifying (1) the breach (if the breach is curable); (2) the action required to cure such breach; (3) a date, not less than ten (10) days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceedings the nonexistence of a default or any other defensives of Borrower to acceleration and foreclosure. The Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports. 17. Borrower's Right to Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if. (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, the Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 18. Assignment of Rents: Appointment of Receiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 15 hereof or abandonment of the Property, the Lender shall be entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 19. Release. Upon satisfaction of the conditions and terms of the note secured by this mortgage, including but not limited to payment of all sums there under, Lender shall release this Mortgage without charge to Borrower. 20. Attorneys' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise. IN WITNESS WHEREOF, the Borrower has executed this Mortgage. DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES. ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN Signed, seale4m4 delivered in the presence of: Witness Siture PrintedAre: 7bH..y iYl /LLf'J� Witness Signature Printed Name: L W.) V Z STATE OF FLORIDA COUNTY OF MONROE �ze Borrower ///? �1 A Borrower The foregoing was acknowledged before me this �' day of nod , Zo I `i 2014 by C I N DH 1✓ d * M 1 Ck-,1 J - n zd , who is. personaally known to me or who has produced a valid driver license as identification and who did not take an oath. " u"LURM �ncotiaus9aai�WMW Not Signature EXPIRES: June 15, 2017 g SEAL , mnW un httw Pft Wft.r,. Printed Name: (ASQ L M. Commission Number: My Commission Expires: EXEMPT FROM INTANGIBLE TAX PURSUANT TO F.S.199.183 MONROE COUNTY OFFICIAL RECORDS of CODE ENFORCEMENT DETAIL Case Number CE13100040 Tenant Case Date 10-10-2013 Add Info 7010 2780 0001 8688 7326 Origination 5 - REFERRAL Status L - LIEN CREATED Operator ngbyb Officer TS PROPERTY ON CASE RE 00470240000000 Owner ED MICHAEL-JOHN It CINDY Property Address 34 TRANSYLVANIA AVE Owner Address 34 TRANSYLVANIA AVE City/State/Zip KEY LARGO FL 33037 City/State/Zip KEY LARGO FL 33037-4718 Phone CASE DESCRIPTION FAILURE TO CONNECT PROPERTY TO CENTRAL SEWER SYSTEM. ARTICLE IV. SEC 20-78.(A) .....,... ......... ......... ............... VIOLATION CODE(S) 1: 20-78.(A) -- MANDATORY CONNECTION/SEWER INSPECTIONS/EVENTS DETAIL DATE TIME INSPECTION / EVENT TYPE INSTRUCTIONS / COMMENTS 03-02-2015 10:52:34 COMMENT CODE FILE IN KATS SHORT CABINET CHE SDULED FOR MARCH 18, 2105. 03-02-2015 10:51:41 CASE HEARD BEFORE BOCC PO WANTS REDUCTION EMAI LED ENTIRE AIS TO KATHY MAILED AND EMAILED 30 DAY REDUCTION LETTER: AFTER REVIEWING THE CIRCUMSTANCES OF YOUR CASE, THE COUNTY HAS REMOVED THE FINES FROM OCTOBER 2, 2014 - NOVEMBER 15, 2014 DUE TO DELAY WITH STAFFING FOR THE MERIDIAN GRANT PROCESS, THEREBY REDUCING THE FINES TO $6,900.00. ADDITIONALLY THE COUNTY HAS REMOVED THE 02-11-2015 15:28:42 MITIGATION OF FINES OFFER FINES FROM JANUARY 12, 2015 TO JANUARY 23, 2015 WITH DOCUMENTATION THAT THE KLWT INSPECTION WAS COMPLETED ON JANUARY 12, 2015, FURTHER REDUCING THE FINES TO $5,800.00. THE COUNTY WILL ACCEPT THE MINIMUM AMOUNT ALLOWED, $1,765.16 ($1,450.00 FINES AND $315.16 COSTS), AND PROVIDE A FULL SATISFACTION AND RELEASE OF LIEN. THIS OFFER IS GOOD FOR 30 DAYS. _ 02 11 2015 12:24:00 COMMENT CODE IN COMPLIANCE 20-78.(A) COMPLIANCE DATE WAS: 01/23/15 02-05-2015 11:50:17 COMMENT CODE ORIGINAL FILE - OCTOBER 2014 01-23-2015 13:58 22 _ REINSPECTION A COMPLIANCE CHECK INDICATES THAT THE FINAL INSPECTION WAS COMPLETED ON 1-12-15, SIGNED FOR ON 1-16-15 AND ENErERED INTO MC SYSTEEM 1-23-15 FOR CLOSURE. CASE IS COMPLIANT ON CHARGE 20-78.(A). I,++-- Ito . ,..41 .,9-- "_=('Piz 1 nnndn 111) /1n 15 Code Enforcement Detail Page 2 of 3 PASSED TO KW FOR MITIGATION OF FINES IF APPLICABLE. TS ALSO RECEIVED A CALL FROM THE MERIDIAN GRANT COORDINATOR ON BEHALF OF THIS PROPERTY OWNER WHOM INDICATED IN ADDITION TO THE INFORMATION IN THE PREVIOUS COMMENT, MERIDIAN HOLDS SOME RESPONSIBILITY IN THE DELAY OF COMMENCING WORK. SHE STATED THAT THE BIDS WERE PUT OUT FOR THIS PROPERTY ON SEPTEMBER 29TH AT WHICH TIME THERE WAS 01-07-2015 11:20:47 COMMENT CODE AN INTERNAL CHANGE OF STAFF DELAYING THE BIDDING PROCESS UNTIL, NEW STAFF ARRIVED ON OR AROUND OCTOBER 20, 2014. ADDITIONALLY, THE APPLICATION PROCESS WAS THEN NOT INTITIATED UNTIL THE FIRST WEEK IN NOVEMBER FOLLOWED BY ANOTHER DELAY IN NOTICES TO PROCEED. MERIDIAN IS ASKING ON BEHALF OF THE PO TO CONSIDER THIS AT THE TIME OF MITIGATION OF ANY FINES. TS RECEIVED A CALL FROM PO WHOM INDICATED SHE WAS UNAWARE THAT SHE WAS NOT 'INCOMPLIANCE" AS SHE WAS GOING THROUGH THE GRANT APPLICATION PROCESS. THE GRANT WAS JUST APPROVED AND WORK COMMENCED 1-5-15. 1 EXPLAINED THAT THE EXTENSION OF TIME TO COMPLY ENTERED INTO IN JUNE HAD A COMPLIANCE DATE OF 10-1-14 AND DUE TO LACK COMMUNICATION REGARDING THE STATUS OF THE PROPERTY/APPLICATION THROUGH MERIDIAN AS WELL AS NO ADDITIOANL REQUESTS FOR TIME BEING RECIEVED I DEEMED THE PROPERTY NON COMPLIANT AS OF THAT COMPLIANCE DATE AND 01-06-2015 08:58:16 COMMENT CODE THAT FINES BEGAN TO ACCCURE. I EXPRESSED THAT I WOULD DOCUMENT THE CONVERSATION ON HER BEHALF AS SHE AGREED THAT SHE SHOULD HAVE KEPT ME POSTED BUT THOUGHT THAT MERIDIAN AND I WERE TIED TOGETHER REGARDING TIMELINES. I EXPLAINED THAT I ALWAYS EMPHAIZE THE NEED FOR CONTINUED COMMUNICATION BETWEEN THE PROPERTY OWNER AND MYSELF AND THAT I AM A SEPERATE ENTITY THAN MERIDIAN. SHE DID NOT ARGUE THAT HOWEVER EXPRESSED CONCERN OVER FINES IN LIGHT OF FINANCIAL HARDSHIP AS IT IS. TS 01-05-2015 09:55:28 COMMENT CODE ... DEMAND LETTER REVIEWED AND FORWARDED TO ADM. CJM 1-29-2014 10:51:22 LETTER NON-PAYMENT/COMPLIANCE 12 ANCE NT,. ....� � 75 DAY DEMAND ETTER SENT TO CM FOR A APPROVAL TS A 75 DAY COMPLIANCE CHECK INDICATES 12-23-2014 13:57:33 REINSPECTION PROPERTY IS NOT COMPLIANT ON CHARGE 20-78.(A). TS SM FINAL ORDER AND EXT RECORDED WITH THE 10-09-2014 13:37:43 LIEN ORDER RECORDED MCCO CLERK'S OFFICE ON 10/9/14. DOC 2000804 BOOK 2706 PAGES 1862-1867. 10-08-2014 15:47:07 ORDER SENT TO MCCO FOR R . EC FINAL ORDER 6: EXT SENT TO CLERICS OFFICE RECORDING. _FOR 10-02-2014 15:34:25 REINSPECTION FOR HEARING A COMPLIANCE CHECK INDICATES THAT NO PERMITS HAVE BEEN APPLIED FOR. THIS CASE IS NOT COMPLIANT ON CHARGE 20-78. (A). TS t,++-. a t..,.ao1. ,4- a.i —..9—.—=rV11innnnn 100nt5 Code Enforcement Detail Page 3 of 3 EVIDENCE PASSED TO LIASION FOR PROCESSING. TS 06-11-2014 08:57:09 COMMENT /02/14 FINE AMT: 10 MMENT CODE FINE CHANGED 20-78.(A) START DATE. 10 _ 0.00 _ AGREEMENT TO ENLARGE COMPLIANCE DATE Nly w AND ORDER APPROVING SAME SIGNED BY THE 06-11-2014 08:56:03 SM OR CEB ORDER SPECIAL MAGISTRATE ON 06/11 /14. FINES AS PREVIOUSLY ORDERED. NEW COMPLIANCE DATE OF 10/01/14. RECEIVED SIGNED EXTENSION OF TIME TO COMPLY WITH A NEW COMPLIANCE DATE OF 06-03-2014 08:26:01 XXXEXTENSION OF COMPLIANCE DAT OCTOBER 1, 2014. 05-30-2014 13:49:16 COMMENT CODE 02-27-2014 23:06:27 SET FOR HEARING 02-27-2014 15:29:43 COMMENT CODE 02-27-2014 15:28:59 COMMENT CODE 02-27-2014 15:28:31 SM OR CEB ORDER PASSED TO LIAISON FOR PROCESSING. TS OFFERED AN EXTENSION OF TIME TO COMPLY VIA EMAIL WITH A NEW COMPLIANCE DATE OF OCTOBER 1, 2014 TO ALLOW TIME FOR THE GRANT APPLCIATION PROCESS. TS ADDED FINE ON 20-78.(A) START DATE: 06/02/14 FINE AMT: 100.00 COSTS CONTINUE TO ACCRUE UNTIL COMPLIANTAND CASE IS CLOSED. SM FINAL ORDER FOUND IN VI OLATION AS CITED. COSTS IMPOSED UNTIL COMPLIANT AND CASE IS CLOSED AND FINES IN THE AMOUNT OF $100.00 FOR THE CHARGE OF 20-78. (A) PER DAY IF NOT COMPLIANT BY 06/01 /14. NO REVIEW HEARING SET AT THIS TIME. NOTE: NO ONE PRESENT AT HEARING. GOO 12 16-2013 09:25:48 XXXNOV CERTIFIED RETURNED �GO Y�SE - D SERVICE CERT NOV/NOH MAILED NOV/NOH VIA CERTIFIED TO PO FOR 02/27/2014 HRG. 12-12-2013 09:23:23 COMMENT CODE CERTN:7010 2780 0001 8688 7326 12-10-2013 09:31:38 SENT TO DIRECTOR FOR REVIEW 12-10-2013 09:31:11 NOTICE OF VIOLATION/HEARING 12-09-2013 14:10:32 COMMENT CODE 12-09-2013 14:10:07 COMMENT CODE 12-02 2013 14.09 42 INITIAL INSPECTION TYPE 10-10-2013 10:38:42 CREATE A CASE Your privacy is important to us, for more information see our privacy policy. Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved 1,tt"-11-ritl nerw9nnea nn=(`P1110n)a0 ';/?001115 KEY LARGO WASTEWATER TREATMENT DISTRICT POST OFFICE BOX 491; KEY LARGO, FLORIDA 33037 PHONE (305) 451-4019 FAX (305) 453-5807 e� n__ ela lgtee HtvwmnT ! r Date: January 12, 2015 51 ilding Official MohMe G0W#y-BUWrh ,,,. g and Zoning Department Murray Nelson Government 102050 Overseas Highway Key Largo, Fla. 33037 RE: KLWTD Vacuum Sewer System Lateral Connection Monroe Countv Permit No's 14303672 357 Crane St 14305811 34 Trans Ivania Ave 14302863 188 Orange Blossom Rd 13303532 37 Bonefish Ave 06306614 146 Dove Creek Dr 14305810 1306 Calder Rd 14302250 1006 Adams Dr 14305123 34 Jean Lafitte Dr Dear Building Official: I, Edward R. Castle, P.E. and Duly Authorized Representatives, having performed and approved the required inspections as indicated in the inspection log, do hereby attest to the best of my knowledge and belief, that the work related to the above captioned permit, inspected under my authority, has been substantially completed in conformance with the approved plans. Should you have any questions or need additional information, please do not hesitate to contact me at 305 289-4161. Respectfully submitted, Date: i Edward W. C stle, P.E. Florida License Number: PE 58574 SWORN TO AND SUBSCRIBED before me by Edward R. Castle being personaally known to me or having produced as identification and w ho being fully sworn and cautioned, state that the foregoing Is true and correct to the best of his/her knowledge or belief. (STAMP) Notary Public Signature Date LORI {FARTHING -� •e MY cOMMISSION # EE226027 EXPIRES August 14, 2016 � ue-0ess Ilonaea .wm Data Ordered02J27rA1 4 ^ ?mply By � � ► Fine Stott \ Daily ?a Number of Days � % «mp a a #wz ? »ezaFine O Camp "ad 4 2� vr v ©>» .... »:v> \� 1010212014 11/15/2D14 .e lee \\� l �\.� . \.jr. . . . . . .... � . . m9enID y . County of Monroe Growth Management Division Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX: (305) 289-2858 AHCHAEL-JOHN AND CINDY ED 34 TRANSYLVANIA AVE KEY LARGO FL 33037-4718 February 11, 2015 Subject: Code Case: CE13100040 Subject Property: 34 Transylvania Ave., Key Largo Dear Property Owner, Board of County Commissioners Mayor Sylvia Murphy, Disk 5 Mayor Pro Tern Danny L. Kolhage, Dist. 1 Heather Carruthers, Disk 3 David Rice, Dist. 4 George Neugent, Disk 2 The purpose of this letter is to inform you that our records indicate that this case was compliant on January 23, 2015 and the fines and/or costs due have not been paid. Fine(s) of $100.00 per day ran for 113 days (October 2, 2014 - January 23, 2015), for a total of $11,300.00. 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 F.S. §162.09(3). To date, these costs are $315.16 and costs will continue to accrue until the case is closed. A lien against your property was recorded in the Official Records of Monroe County on October 9, 2014 at property J ., ent action � en is $11,615.16. This Document 2000804 Book 2706 Page 1862. The current amounto f the on an g m. e Monroe -Coon � lien is a lien on thethat was the subject of the co any and all other real and/or personal property you own.✓ After reviewing the circumstances of your case, the County has' removed the fines from October 2, 214 . - November 15, 2014 due to delay with ` for the Meridian Grant process, thereby reducing the fines, $6,900.00. Additionally the County has rem , ed the fines from January 12, 2015 to January 23, 2015 with documentation that the KLWT inspection was `''completed on January 12, 20 i 5, further red Ting the fines t6 $5,800.00. ... ,. The County staffs authority to reduce fines is very limited once a lien is filed. However, ". u l3 amicably resolve the amount of the lien, the County will accept the minimum-amount-allow6d,-' 76'5.16 ($1,450.00 fines and $315.16 costs), and provide a Full Satisfaction and Release of Lien. This offer is good for 30 days. (At this time County staff is limited to a 75% reduction 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. Respectfully yours, 4Kathleennr Sr. Code Compliance Research Analyst Windsor-kathleen@monroecounty-flgov 305-289-2586 N Property Search -- Monroe County Property Appraiser Page 1 of 5 Key West (305) 292-3420 Marathon (305) 289-2550 Plantation Key (305) 852-7130 Website tested on IE8, IE9, & Firefox. Prollpefty R,,ecord Caird Requires Adobe Flash 10.3 or higher 111ps are nq�m lat Illll'° li hill ��t jA' i aflw����l 1111,if eIlllu11111's Alitemate IlKeyit 1577413 I:Paiir l ID: 004" '024 .000000 Ownership toiiil Mailing Address: ED MICHAEL-JOHN AND CINDY 34 TRANSYLVANIA AVE KEY LARGO, FL 33037-4718 III„ r llperty I1E)e—feline PC Code: 01 - SINGLE FAMILY Millage Group: 500K Affordable No Housing: Section -Township- 14-61-39 Range: Property Location: 34 TRANSYLVANIA AVE KEY LARGO Subdivision: LARGO SOUND PARK 1ST ADD Legal Description: BK 19 LT 37 LARGO SOUND PARK P133-139 FIRST ADDITION -KEY LARGO OR578-74 OR822-655 OR862-1905 OR895-2016 OR954-1844/46 OR1095-1736 OR1099-241 C OR1289-401 C OR1309-1837 OR1466-999 OR2588-2190 Click Map Image -to ollpeinInteractive t W iir° b n ti N N @u a a v a a 25 27' 1 I g i j-"2 _E SE MARLIN AVE LL i TRANSYLVAPJIAAVE NANIA � I i Property Search -- Monroe County Property Appraiser Exemptions Page 2 of 5 IIL-and iIII Exemption Amount 39 - 25000 HOMESTEAD 25,000.00 44 - ADDL HOMESTEAD 25,000.00 Land Use Code Frontage Depth Land Area 010D - RESIDENTIAL DRY 0 0 5,129.00 SF Building Il i III Number of Buildings: 1 Number of Commercial Buildings: 0 Total Living Area: 972 Year Built: 1986 Illrllliiillf hillng I Detaills Building Type R1 Condition G Effective Age 13 Perimeter 126 Year Built 1986 Special Arch 0 Functional Obs 0 Economic Obs 0 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen. Roof Type GABLE/HIP Roof Cover CONC/CLAY TILE Heat 1 NONE Heat 2 NONE Heat Src 1 NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 0 3 Fix Bath 2 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 0 Quality Grade 550 Depreciation % 13 Gmd Floor Area 972 Foundation CONC PILINGS Bedrooms 4 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 Property Search -- Monroe County Property Appraiser Page 3 of 5 2/.w h 1, 2/ F 1. 6 SPX 6 FT. 162 - 66 6 FT. 6 FT. 162-66 6 FT' 27 FT 1 2.7 FT, FLA LLF 9711-126 971126 28 FT.. 36 FT 36 FT 36 FT 3 FT. SBF 8 FT 24-22 27 FT 27 FT 3 FT. SPX FT 8 FT. SPX 8 FT 6 F"Tl-T2 6 216 - TO 30 FT. 27.W FT. Sections: Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 LLF &C.B.S. 1 1990 Y 972 2 FLA 5:C.B.S. 1 1986 N Y 0.00 0.00 972 3 SPX 1 2004 0.00 0.00 162 4 SPX 1 1986 0.00 0.00 180 5 SPX 1 2004 N 162 6 SPX 1 2004 N 216 7 SBF 1 2004 24 Misc 11him1pirovement Details Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 PTS:TILE PATIO 1,131 SF 0 0 1985 1986 4 50 2 UB2:UTILITY BLDG 48 SF 8 6 2000 2001 1 50 3 FN2:FENCES 1,000 SF 200 5 1987 1988 4 30 4 PT3:PATIO 1,806 SF 43 42 1987 1988 2 50 5 FN2:FENCES 240 SF 60 4 1988 1989 2 30 5 PTS:TILE PATIO 738 SF 0 0 2004 2005 5 50 6 WD2:WOOD DECK 984 SF 41 24 2004 2005 1 40 Buis hirm Permill-ts Bldg Number Date Issued Date Completed Amount Description Notes 12304200 03/15/2013 11/19/2013 1 ENCLOSURE FRONT PORCH L-I/------ ------n--- ^'---n---- 1Y. Property Search -- Monroe County Property Appraiser Parcel Value Page 4 of 5 Taxes -for tlN Par cel. . 1 ..�..........mm�e�o . �.ri,-__....�..... Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2014 181,031 29,308 65,747 276,086 253,172 25,000 228,172 2013 148,264 30,160 71,007 249,431 249,431 25,000 224,431 2012 214,785 31,621 59,173 305,579 300,819 0 305,579 2011 201,224 32,624 69,692 303,540 273,472 0 303,540 2010 174,977 33,634 40,000 248,611 248,611 0 248,611 2009 221,846 34,636 76,935 333,417 273,702 25,500 248,203 2008 268,840 35,646 128,750 433,236 323,505 25,500 298,005 2007 270,519 36,648 164,800 471,967 207,548 25,500 182,048 2006 257,741 37,667 164,800 460,208 202,486 25,500 176,986 2005 311,437 38,902 87,550 437,889 196,588 25,500 171,088 2004 271,136 24,353 55.363 350,852 164,272 25,500 138,772 2003 198,833 25,275 55,363 279,471 161,210 25,500 135,710 2002 118,169 26,146 30,900 175,215 157,432 25,500 131,932 2001 102,062 27,141 25,750 154,953 154,953 25,500 129,453 2000 112,268 9,931 12,875 135,074 135,074 0 135,074 1999 112,268 10,252 12,875 135,395 135,395 0 135,395 1998 107,165 10,085 12,875 130,125 130,125 0 130,125 1997 87,612 9,893 12,875 110,380 110,380 25,000 85,380 1996 87,612 10,163 12,875 110,650 110,650 25,000 85,650 1995 87,612 10,469 12,875 110,956 110,956 25,000 85,956 1994 69,266 10,738 12,875 92,879 92,879 0 92,879 1993 69,266 11,029 12,875 93,170 93,170 0 93,170 1992 69,266 11,313 12,875 93,454 93,454 0 93,454 1991 69,266 11,602 12,875 93,743 93,743 0 93,743 1990 69,266 11,872 11,588 92,726 92,726 0 92,726 1989 69,266 12,053 11,588 92,907 92,907 0 92,907 1988 48,169 3,474 11,588 63,231 63,231 0 63,231 1987 47,712 3,547 7,210 58,469 58,469 0 58,469 1986 0 0 7,210 7,210 7,210 0 7,210 1985 0 0 7,210 7,210 7,210 0 7,210 1984 0 0 7,210 7,210 7,210 0 7,210 1983 0 0 7,625 7,625 7,625 0 7,625 1982 0 0 7,625 7,625 7,625 0 7,625 Parcel Sales History not « -. recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience r understanding. Sale Date Official Records Book/Page Price Instrument Qualification 8/29/2012 2588 / 2190 249,500 WD 37 Property Search -- Monroe County Property Appraiser Page 5 of 5 6/1/1997 1466 / 0999 152,500 WD Q 5/1/1994 1309/1837 140,000 WD ......... Q ..... 6/1/1989 1095 / 1736 90,000 WD ......... Q ..... 9/1/1985 954 / 1844 15.000 WD U 10/1/1983 895 / 2016 12,000 WD U This page has been visited 11,151 times. Monroe County Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 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 $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 possiile. 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 twenp3five percent (2 50A) 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 Enforccment cases after said fines and n c_ 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 7_ of May, 2008. Mayor Mario DiGagnar9,_District 4 Yes Commissioner Dixie Spehar, District 1 Yes Commissioner George Neugent, District 2 Yes sionerMarles "Sonny" McCoy, Dist.3 Yea L ioner Sylvia Murphy, District 5 Yea Clerk BOARD OF COUNTY COMMISSIONERS OF ' MONRUNTY, A BY: Mayor Mario DiGennaro MONROE COUNTY ATTORNEY AWA D AS TO 1-116 COUNTY ir IOUASSINTYATTORNE Y Date_ S— "* U021 E