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Item Q2Q.2 BOARD OF COUNTY COMMISSIONERS C ounty of M onroe Mayor Sylvia Murphy, District 5 Mayor Pro Tem Danny Kolhage, District 1 TheFloridaKeys Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: Q.2 Agenda Item Summary #5176 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289-2584 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against Spencer C Blanton and the property located at 20001 Overseas Highway, Sugarloaf Key, Florida, and any other properties owned by them if necessary, to seek compliance with the County Code and enforce liens arising from code compliance case number CE09010087. ITEM BACKGROUND: This property has been the subject of a code compliance case CE09010087 for the failure to abide by the conditions of permit 06103323, (demolition of mobile home and all accessories) by allowing a shed to remain. Subsequently the County received complaints of habitation in the shed. A hearing was held on July 30, 2009. The Special Magistrate found the property in violation of one (1) County ordinance as cited, imposed a compliance date of September 30, 2009, and imposed a fine (in the amount of $100.00 per day) if compliance was not achieved by that date, and imposed a lien. The Final Order was recorded as a lien on August 4, 2009. A permit to remedy the violation 09103900 (demolition of the shed) was applied for and issued on September 29, 2009, however it failed to be resolved because portions of the shed and the slab remained. Attempts to gain compliance in 2016 failed and on February 23, 2017 the County presented a Motion to Authorize Foreclosure and/or Money Judgement Proceedings. The property owner did not attend and the Special Magistrate granted the motion. The County perfected the lien in the demolition of the shed was re-issued and again failed inspection because portions of the shed and the slab remained. Since hurricane Irma staff has received numerous complaints about this property, and although initially there was only one issue, the gravity of the violation has increased. The code cases remain open for non-compliance and failure to pay outstanding fines and costs. The County has exhausted all other mechanisms available to persuade the property owner to achieve compliance. Compliance of this case would be the removal of all accessory use(s) and structure(s). Packet Pg. 1790 Q.2 As of January 26, 2019 the fines have accrued for 3404 days for a fine total of $340,400.00, and will continue to accrue at $100 per day until compliance is achieved. Additionally, per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date these costs are $1,001.45 and continue to accrue until the case is closed. As of January 26, 2019, Mr. Blanton owns one other property in Monroe County, and no other open code cases or outstanding Monroe County Code liens were found. The property is not homesteaded and there are no pending foreclosure actions at this time. Under the policy adopted in Resolution 057-2014 the available legal options in regard to the 1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and writ of execution; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and/or 3. Reduce the amount of the fines. County staff recommends initiating litigation (option 1) against the property owner for injunction, foreclosure, money judgment and writ of execution. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057- Procedure 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. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: APPROVAL DOCUMENTATION: CASE DETAIL CE09010087 BLANTON CE09010087 FOR AIS SUPPORT DOC AIS CE09010087 BLANTON 057-2014 Resolution Collections Letter-Non Compliant FINANCIAL IMPACT: Effective Date: Expiration Date: Packet Pg. 1791 Q.2 Total Dollar Value of Contract: Total Cost to County: 2500.00 Current Year Portion: Budgeted: YES Source of Funds: BUDGETED CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: 02/20/19 148-50001 · GROWTH MGMT ADMIN $2,500.00 REVIEWED BY: Cynthia McPherson Completed 01/26/2019 5:03 PM Steve Williams Completed 01/28/2019 9:58 AM Bob Shillinger Completed 01/28/2019 5:31 PM Assistant County Administrator Christine Hurley Completed 01/30/2019 8:51 AM Kathy Peters Completed 01/30/2019 4:29 PM Board of County Commissioners Pending 02/20/2019 9:00 AM Packet Pg. 1792 Q.2.a January 26, 2019 - 3:36 PM My Account|Privacy Policy Monroe County eGovPLUS 9.1 Notice: We are aware of the technical issues that have made this site inaccessible at times and we are currently working with the product vendor to I Want To ...FormsHelpContact UsHomeLog In resolve. Thank you for your patience. CODE ENFORCEMENT DETAIL Case NumberCE09010087Tenant Case Date01-15-2009Add Info7008 2810 0000 7837 1563 Origination4 - CDFStatusL - LIEN CREATED OperatoratwellsOfficerKW Fines Balance$340,400.00 Lien Balance$1,001.45 Total Balance$341,401.45 PROPERTY ON CASE RE00118280000100OwnerBLANTON SPENCER C UnitOwner Address900 CAMINO REAL Property Address20001 OVERSEAS HWYCity/State/ZipMARATHON FL 33050-5411 City/State/ZipSUGARLOAF KEY FL 33042 CASE DESCRIPTION HABITATION IN SHED ON VACANT PROPERTY. *** ORIGINAL INSPECTOR - INSPECTOR CARBONELL, THEN INSP DOWLING. *** TO-WIT: 9.5-145 - NONCONFORMING ACC.USE/STRUCT. NONCONFORMING ACCESSORY USES AND ACCESSORY STRUCTURES: NO NONCONFORMING ACCESSORY USE OR ACCESSORY STRUCTURE SHALL CONTINUE AFTER THE Attachment: CASE DETAIL CE09010087 BLANTON (BLANTON CE09010087) PRINCIPAL STRUCTURE OR USE SHALL HAVE TERMINATED UNLESS SUCH STRUCTURE OR USE THEREAFTER SHALL CONFORM TO THE PROVISIONS OF THE LAND USE DISTRICT IN WHICH IT IS LOCATED (PROPERTY WITHOUT A PRINCIPAL STRUCTURE WITH A SHED BEING USED FOR HABITATION). CORRECTIVE ACTION REQUIRED: REMOVE ALL NONCONFORMING ACCESSORY USE(S) AND STRUCTURE(S). *** SUBSEQUENT CASE - CE16070069: TRAILER ON LOT. PO IDENTIFIED IT AS HIS (PER EGOV) AND REMOVED IT, THAT CASE WAS CLOSED. Packet Pg. 1793 Q.2.a THE TRAILER HAS RETURNED AND DOES BELONG TO PO, AS PER MCSO. KW 1-8-2019. COMPLAINT CODE(S) 1: OTHER VIOLATIONS 2: UNSAFE STRUCTURE VIOLATION CODE(S) 1: 9.5-145 -- NONCONFORMING ACC. USE/STRUCT. NOTES 2009-01-16 09:39:02ON SITE AND PHOTOS. SHED IS A PLACE FOR HABITATION. THE VAN WAS NOT THERE. 2009-01-16 12:48:13I HAVE WITNESSED THE INDIVIDUAL HANGING LAUNDRY OUT TO DRY AND COMING IN AND OUT OF SHED. THE AREA HAS BEEN SET UP LIKE CAMP. INDIVIDUAL PARKS VEHICLE IN THE REAR OF PROPERTY NOT TO BE SEEN FOR THE RIGHT OF WAY. WE HAVE DEALT WITH THIS SITUATION BEFORE ON THIS PROPERTY. WITH INSP. MCCABE. ND 2009-03-19 10:30:49SPOKE W/P.O. TODAY. HE SAYS HE'S GRAND- FATHERED TO KEEP HIS SHED B/C HE HAS SFR PERMITS. I GAVE HIM RONDA'S # TO DIS CUSS THE CASE. HE SAID THE SQUATTER HAS MOVED OUT. DR. BLANTON TOLD ME THAT THE SHED HAS ELECTRICAL, PLUMBING AND COOKNG FACILITIES B/C HE THOUGHT THIS MIGHT HELP HIS CASE IN KEEPING THE SHED. RN EMAILED ME HIS ROGO AND I COPIED THE ENTIRE DOCUMENT FOR THE FILE. IN THE FI- LE I READ THAT ALL STRUCTURES WERE TO BE DEMO'D AND TO ME IT'S ASSUMEABLE THAT THE SHED SHOULD HAVE BEEN DEMO'D SINCE A PHOTO OF IT IS SHOWN IN THE ROGO PAC- KET. MC INSPECTIONS/EVENTS DETAIL DATETIMEINSPECTION / EVENT TYPEINSTRUCTIONS / COMMENTS SUBMITTED AIS FOR FEB 20, 2019 BOCC 01-26-201901:49 PMACTION BY SR CC RES ANALYSTITEM ID 5176. KW 01-26-201901:20 PMCOMMENT CODEORIGINAL FILE FILED - FEB 2017 SITE VISIT, (WITH ADJACENT LOTS). THESE 3 LOTS DO NOT CONNECT TO ROW DIRECTLY, Attachment: CASE DETAIL CE09010087 BLANTON (BLANTON CE09010087) IMPASS W/ WATER, ONLY ACCESS IS FROM US1. CONFIRMED ROW CLEAN. TOOK PHOTOS THIS SITE, THIS SITE IS 01-08-201912:27 PMREINSPECTION WORSE THAN IT WAS 2 YRS AGO. STILL NOT IN COMPLIANCE. NOTE: THE TRAILER THAT WAS SUBJECT OF SUBSEQUENT CASE HAS RETURNED AND DOES BELONG TO PO, AS PER MCSO. KW MET LT ON SITE AS A RESULT OF THE MAN LIVING IN THE MANGROVES AT THE END OF 01-08-201912:26 PMREFERRAL TO MC SHERIFF THE ROW BEHIND MANGROVE MAMMAS. KW 02-27-201801:16 PMREINSPECTIONRE-INSPECTION FOR ADJACENT LOTS, DISCOVERED THAT SOMEONE HAS BLOCKED THE ROW BEHIND THESE LOTS, ROW COMING FROM Packet Pg. 1794 Q.2.a MANGROVE MAMMAS. TOOK PHOTOS. KW SITE VISIT, TOOK PHOTOS APPEARS AMOUNT OF T&D GROWNING ON THIS LOT, BUT DOES NOT APPEAR THAT IT HAS 11-30-201701:17 PMREINSPECTION BEEN PUSHED ON THE LOT FROM PILES OF STORM DEBRIS. KW REASSIGNED CASE TO WINDSOR 11-30-201710:34 AMREASSIGN INSPECTOR KW RESEARCH REVEALS THAT MR. BLANTON REQUESTED A "PERMIT INVESTIGATION" 17101668 ON 3/2/2017 AND THE RESULTS WERE EMAILED TO HIM ON 3/13/2017. PERMIT WAS REOPENED AND AN INSPECTION WAS PERFORMED BY BLDG INSPECTOR ON 5/3/2017. 11-29-201703:52 PMACTION BY SR CC RES ANALYSTINSPECTION FAILED. THE SLAB REMAINS FROM THE SHED DEMO, THE SAME REASON IT FAILED INSPECTION IN 2009. CASE IS NOT COMPLIANT. FINE CONTINUES TO RUN. KW RECIEVED INQUIRY AS TO WHEN THIS (THESE, COMPLAINT INCLUDES 2 ADJ LOTS) WERE 11-29-201701:07 PMACTION BY SR CC RES ANALYST GOING TO BE CLEANED UP. KW REINSPECTED PROPERTY. SHED REMOVED. 03-21-201701:21 PMREINSPECTIONPERMIT#09103900 HAS NOT BEEN FINALED.PHOTOS ATTACHED TO CASE FILE. ND LIEN CERTIFIED AND RE-RECORDED BY MCCO 02-28-201703:47 PMPERFECTED LIEN DOC 2112059 BK 2841 PG 194 MEMO SENT TO MCCO TO PERFECT THE LIEN. 02-24-201701:58 PMORDER SENT TO MCCO FOR REC KW ORDER AUTHORIZING FORCLOSURE MAILED TO 02-24-201701:19 PMACTION BY LIAISON PO VIA 1ST CLASS MAIL ON 02/24/17. 02-23-201703:04 PMSET FOR HEARINGMOTION FOR COLLECTIONS HEARING SM ORDER AUTHORIZING FORCLOSURE FOR SPENCER C. BLANTON SIGNED ON 02/23/17. 02-23-201701:19 PMSM GRANTED MOTION TO PROCEED NOTE: NO ONE PRESENT AT HEARING. RESEARCH REVEALS THAT THE TAX COLLECTOR 02-07-201702:04 PMACTION BY SR CC RES ANALYSTHAS UPDATED THE MAILING ADDRESS TO THE MARATHON ADDRESS. MR BLANTON EMAILED THAT HE WAS READY FOR 02-06-201703:28 PMACTION BY SR CC RES ANALYSTINSPECTION, PROVIDED HIM WITH BLDG DEPT PHONE NUMBER AND PERMIT NO. MOTION MAILED 1ST CLASS MAIL TO ADDRESS 02-06-201701:31 PMFIRST CLASS MAIL RETURNEDON TAX RECORDS RETURNED TO COUNTY. 02-01-201711:01 AMSENT TO LIAISONORIGINAL FILE TO LIAISON.CMARTIN PROPERTY AND MONROE COUNTY COURT 01-30-201702:39 PMPOSTING OF NOV/NOH/MOTION/LTR Attachment: CASE DETAIL CE09010087 BLANTON (BLANTON CE09010087) HOUSE HAS BEEN POSTED WITH NOTICE.ND REVIEW OF USPS FOR THE CERTIFIED MAIL APPEARS THAT EITHER THE ITEM IS COMING BACK TO THE COUNTY VIA WEST PALM BEACH, OR IT HAS BEEN FORWARDED. IN ANY EVENT, PREPARED POSTINGS. 01-27-201701:53 PMACTION BY SR CC RES ANALYSTSENT TO ND TO POST. ALSO 1ST CLASS MAILED NOTICE TO ADDRESS PO GAVE US, TAX RECORDS STILL NOT UPDATED SO MAILED TO ADDRESS ON TAX RECORDS ALSO. KW 01-06-201709:39 AMACTION BY ADMINMAILED COPY OF NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDING & NOTICE OF HEARING FOR 02/23/2017 HRG CERT #7015 1520 0003 0398 2703 Packet Pg. 1795 Q.2.a MAILED CERTIFIED TODAY. CMARTIN 01-05-201708:50 AMACTION BY SR CC RES ANALYSTPASSED FILE TO CHERTL FOR CERT MAIL. NANCY IS ON VACATION, HOWEVER THE PERMIT STILL REMAINS EXPIRED W/O REQUIRED INSPECTIONS TO ACCOMPLISH COMPLIANCE 01-04-201702:45 PMMOTION BY COUNTY TO PROCEEDWITH THIS CASE. PREPARED MOTION FOR COLLECTIONS FOR SM 2-23-2017. KW PO EMAILED, CHANGED ADDRESS BUT WONT REFLECT ON PRC UNTIL AFTER 1ST OF YEAR. 11-02-201602:42 PMACTION BY SR CC RES ANALYST THEREFORE UPDATED IN SYSTEM. 11-02-201609:39 AMACTION BY SR CC RES ANALYSTORGINAL FILE IN LIEN - AUGUST 2009 EMAIL TO PO: OUR TAX RECORDS INDICATE YOUR MAILING ADDRESS AS: BLANTON SPENCER C 6908 N RIVER BLVD TAMPA, FL 33604-5450 IF THIS IS INCORRECT, PLEASE MAKE THE CORRECTION AT THE TAX COLLECTORÔS OFFICE OR THE PROPERTY APPRAISERS OFFICE. PER F.S. £162.12, THE COUNTYÔS OBLIGATION FOR MAIL AND NOTICES IS THE ADDRESS LISTED IN THE TAX COLLECTORÔS OFFICE FOR TAX NOTICES OR TO THE ADDRESS LISTED IN THE COUNTY PROPERTY APPRAISERÔS DATABASE. PLEASE LET ME KNOW AND I WILL UPDATE OUR FILES IF NEEDED. IN ANY EVENT, THE DAILY FINE OF $100.00 11-02-201609:35 AMACTION BY SR CC RES ANALYST HAS CONTINUED TO ACCRUE FOR 2588 DAYS AND WILL CONTINUE TO ACCRUE UNTIL THE DEMOLITION PERMIT FOR THE NON-CONFORMING USE (SHED, SLAB, ETC.) HAS PASSED THE BUILDING INSPECTION AND IS CLOSED. THEREFORE THE CURRENT AMOUNT OF THE FINES IS $258,800.00. (I HAVE NOT TALLIED UP THE COUNTYÔS COSTS.) ONCE THE PERMIT HAS BEEN CLOSED PLEASE CONTACT THE INSPECTOR ON THE CASE, NANCY DOWLING. AFTER SHE DOCUMENTS THAT THE BOTH CASES ARE IN COMPLIANCE YOU MAY WRITE A LETTER EXPLAINING THE CIRCUMSTANCES (FOR THE 2500+ DAYS) AND THE COUNTY WILL REVIEW IT FOR CONSIDERATION OF A REDUCTION IN FINES. HOWEVER YOU MUST GAIN COMPLIANCE WITH THIS OLD CASE AND THE NEW CASE BEFORE WE Attachment: CASE DETAIL CE09010087 BLANTON (BLANTON CE09010087) CAN CONSIDER ANY REDUCTION. SPOKE WITH MR.BLANTON. EXPLAINED THE SITUATION THAT HIS PROPERTY IS IN. I ADVISED HIM TO SPEAK TO MS. WINDSOR. I 10-26-201602:32 PMCOMMENT CODE HAVE FORWARD HIM THE INFORMATION TO CONTACT HER. ND SITE VISIT, TOOK PHOTOS. 08-10-201601:08 PMREINSPECTION ND 08-10-201609:37 AMACTION BY SR CC RES ANALYSTRECEIVED REI PHOTOS FROM INSPECTOR DOWLING. IT IS NOW CLEAR WHY THE PERMIT FOR DEMO OF NON-CONFORMING STRUCTURE/USES FAILED. INSP DOWLING WILL ATTEMPT TO FIND SOME Packet Pg. 1796 Q.2.a CONTACT INFO FOR THE PO, ALL MAIL ITEMS ARE BEING RETURNED TO THE COUNTY. RESEARCHING OPEN CASE FOR LIEN PROCESS, PERMIT FOR DEMO OF THE SHED FAILED 08-05-201603:46 PMACTION BY SR CC RES ANALYSTINSPECTION ON 10-19-2009. EMAILED NANCY, SHES BEEN OUT THERE RECENTLY, IF THE SHED IS STILL THERE?? DEMO OF SHED PERMIT ISSUED 09/29/09. 09-30-200908:49 AMREINSPECTIONNO FINAL INSPECTION ON THIS DATE. PERMIT 09103900. FINES START 10/01/09. NOTICE OF APPEARENCE REC'D FROM ATTY 09-22-200903:38 PMCOMMENT CODE LEE ROHE VIA FAX. LIAISON EMAILED COPY OF CASE FILE, 09-21-200901:58 PMCOMMENT CODEINVOICE AND NOTICE OF APPEARENCE FORM TO BE FILLED OUT TO ATTY LEE ROHE. EMAIL RECEIVED FROM ATTY LEE ROHE INDICATING THAT HE HAS BEEN RETAINED BY 09-20-200901:57 PMCOMMENT CODEMR. BLANTON TO REPRESENT HIM. MR. ROHE ALSO REQUESTED A COPY OF HIS CASE FILE BE EMAILED TO HIM. FF RECORDED 08/04/09 DOC# 1753569 09-08-200901:21 PMCOMMENT CODE BOOK 2425 PAGE 1689 ORIGINAL FILE IN MARATHON CA OFFICE 08-07-200904:33 PMSENT FILE TO COUNTY ATTY FILED BY MONTH OF LIEN. ADDED FINE ON 9.5-145 08-04-200908:49 AMCOMMENT CODE START DATE: 10/01/09 FINE AMT: 100.00 SM FF ORDER SENT TO CLERKS OFFICE FOR 07-31-200908:46 AMORDER SENT TO MCCO FOR REC RECORDING. SM FINAL ORDER FOUND IN VIOLATION AS CITED. COST IMPOSED UNTIL COMPLIANT AND FINES IN THE AMOUNT OF $100.00 PER 07-30-200908:41 AMXXXFINDING OF FACT DAY FOR CHARGE OF 9.5-145. IF NOT COMPLIANT BY 09/30/09. NO REVIEW HEARING SET AT THIS TIME. 9.5-145 NONCOMPLIANCE 07/23/09 07-23-200903:05 PMREINSPECTION FOR HEARING ADDING EXHIBITS OF PHOTOS TAKEN ON 07/23 04-30-200910:34 PMCASE CONTINUED NO ACTIONCONT TO 7/30/09. 04-30-200902:31 PMSET FOR HEARING REMINDER NOTICE OF HEARING FOR 07/30/09 04-22-200912:11 PMREMINDER NOTICE OF HRG SENTWAS MAILED VIA 1ST CLASS BY LIAISON. DR. BLANTON WAS ALSO INFORMED VIA EMAIL. REQUEST FOR CONTINUANCE APPROVED BY THE COUNTY ATTORNEY TO 07/30/09 DUE TO THE 04-22-200912:10 PMCOMMENT CODE FACT DR. BLANTON WILL BE OUT OF TOWN IN JUNE. REQUEST FOR CONTINUANCE REC'D FROM DR. 04-10-200902:31 PMCOMMENT CODE BLANTON VIA FAX. THIS CASE WAS SCHEDULED BY ND FOR A 03-19-200910:31 AMREINSPECTION FOR HEARING03/19/09 COMPLIANCE AND A 04/30/09 SM DATE.9.5-145-NONCOMPLIANCE 03/19/09. MC 02-24-200908:36 AMOFFICIAL FORMAFF_POSTING PRINTED BY ATWELLS 02-24-200908:35 AMOFFICIAL FORMAFF_POSTING PRINTED BY ATWELLS Attachment: CASE DETAIL CE09010087 BLANTON (BLANTON CE09010087) 02-24-200908:35 AMCOMMENT CODEPREPARED 1ST CLASS MAIL & POSTINGS - SA 02-12-200908:34 AMXXXNOV CERTIFIED RETURNEDCERT NOV/NOH RETURNED AS UNCLAIMED NOV/NOH TO PO - SA 01-20-200911:37 AMNOTICE OF VIOLATION/HEARINGCERT #7008 2810 0000 7837 1563 HEARING DATE 4/30/2009 REVIEWED BY INSP.ND AND SENT TO SYL TO 01-16-200912:38 PMCOMMENT CODE SET UP FOR NOV & NOH. ND 01-16-200909:51 AMCOMMENT CODESENT TO ND FOR REVIEW 01-16-200909:40 AMMAKE VIOLATIONMAKEVIO RECORDED CARBONEM 01-15-200911:40 AMCREATE A CASECOMPLAINT RECORDED BY ATWELLS 01-15-200909:39 AMINITIAL INSPECTION TYPESITE PHOTOS Your privacy is important to us, for more information see our privacy policy. The services, information, and data made available at this website are provided "AS IS" without warranties of any kind. Packet Pg. 1797 Q.2.a Monroe County and its authorized agents and contractors make no representations or warranties regarding the condition or functionality of this web site, its suitability for use, or that this web service will be uninterrupted or error-free. Copyright © 2008 – ® – All Rights Reserved Attachment: CASE DETAIL CE09010087 BLANTON (BLANTON CE09010087) Packet Pg. 1798 Q.2.b . Attachment: CE09010087 FOR AIS (BLANTON CE09010087) CE0901008720001 O/S HWY, SUGARLOAF 1/8/19INSPWINDSOR Packet Pg. 1799 Q.2.b . 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