Item N6 N.6
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: N.6
Agenda Item Summary #5328
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING: Approval to file a circuit court action to obtain a court order
authorizing demolition by the County of an unsafe, unoccupied, non-homesteaded, uninhabitable
structure located at 3 El Monte Lane, Big Coppitt Key, Monroe County, Florida owned by Anita
Lynn and Kenneth Buirley, and further authorization to initiate litigation against the property owners
to enforce the lien(s) arising from code compliance case numbers CE18050033
ITEM BACKGROUND:
This property is the subject of a Code Compliance case for the failure to remedy the unsafe condition
as a result of Hurricane Irma, violating four(4) County Ordinances. Compliance will be achieved by
obtaining a permit to demolish the offending unsafe structure, completing the task, and obtaining
final inspections by the Building Department.
On May 1, 2018 the County received a complaint that the structure located at 3 El Monte Lane, Big
Coppitt Key, was destroyed by Irma and the remains had not been removed, that the property is
dangerous and rodent infested. After an investigation by Code Compliance, a referral was made to
the Building Official. Consistent with the attached policy approved by the BOCC on June 15, 2011,
the Building Official inspected the property whereby he determined that the structure created an
unsafe condition for the neighborhood and deemed the structure uninhabitable. The structure is not
occupied. He further determined that the structure needs to be demolished. Included as evidence is
an Unsafe Uninhabitable Non-homestead Structure Building Checklist Form-Report which itemizes
the violations. As a result the property was posted with an ORDER TO DEMOLISH
UNINHABITABLE UNOCCUPIED NON-HOMESTEAD STRUCTURE and a letter (which
includes the violations observed by the building official)was mailed "certified mail return receipt"
to the property owner on October 31, 2018 giving the property owners 30 days to comply, or appeal
his findings. The return receipt was signed on November 10, 2018. The appeal period expired on
December 10, 2018.
After receiving no response, and the destroyed structure remaining in place, a Notice of
Violation/Notice of Hearing for Code Case CE18050033 was mailed "certified mail return receipt"
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to the property owner on February 8, 2019. The return receipt was signed on February 18, 2019. A
hearing was held on February 28, 2019 and the property owner did not attend. The Special
Magistrate found the property owner in violation as cited and ordered a fine (in the amount of
$150.00 per day per count) to accrue until compliance is achieved. The Special Magistrate also
entered an order giving the County authority to take corrective action(s), recover all costs, and
proceed with litigation if necessary to enforce the lien. A copy of the Final Order was mailed first
class mail to the property owner and recorded as a lien on March 1, 2019.
As of March 5, 2019 the fines have accrued for 4 days for a fine total of$2,400.00, and will continue
to accrue at $600 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 $732.85 and continue to accrue
until the case is closed.
The county has exhausted all other mechanisms available to persuade the property owner to achieve
compliance. The subject property, in its current condition,presents a threat to the public health,
safety and welfare.
PREVIOUS RELEVANT BOCC ACTION:
On June 15, 2011 the BOCC approved a process and procedure for the removal of unsafe,
unoccupied, non-homestead structures of protect the health, safety and welfare of Monroe County
citizens.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
CE18050033 Buirley- Exhibits
CE18050033 ORDER LIEN
JUNE 15 2011 UNSAFE PROCESS
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: 6000
Current Year Portion:
Budgeted: yes
Source of Funds: 148-50001
CPI:
Indirect Costs:
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Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
03/21/19 148-50001 - GROWTH MGMT ADMIN $6,000.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 03/06/2019 9:04 AM
Steve Williams Completed 03/05/2019 1:55 PM
Assistant County Administrator Christine Hurley Completed
03/05/2019 2:03 PM
Bob Shillinger Completed 03/05/2019 2:07 PM
Kathy Peters Completed 03/05/2019 6:26 PM
Board of County Commissioners Pending 03/21/2019 9:00 AM
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County of Monroe ,
Code Compliance Department �
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
CaseNumber:
LO e Location:e
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DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above, property was initiated on 06/27/201 S and M
subsequently found the following violation(s) of the Monroe County Code:
CC Sec. 1-7 °( - PROHIBITED ACTS/UNSANITARY NUISANCE
MAINTAINING A PROPERTY AS AN UNSANITARY UTA CE
AND/OR ANY CONDITION CAPABLE OF HARBORING RODENTS
OR OTHER.VERMIN, SUCH AS THE FAILURE TO DISPOSE OF
DEBRIS, IS PROHIBITED.
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Corrective Action Required:
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Remove all offensive materials, structures, unsanitary
conditions and/or correct as directed by the inspector.
Receipt of disposal shall be provided to the Code
Enforcement Inspector if applicable, NO EXTRA TIME IS GIVEN E
TO COMPLY AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH, SAFETY AND WELFARE.
CC Sec® -27°( )( ) - FIRE HAZARD/UNSAFE/EGRESS
THE BUILDING OFFICI.AL HAS DEEMED THIS PROPERTY
UNSAFE DUE TO BUILDING CONDITION CREATES HAZARDS
WITH RESPECT TO MEANS OF EGRESS AND FIRE
PROTECTIO
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO DEMOLISH THE STRUCTURE OR OBTAIN A PERMIT TO BRING
THE STRUCTURE UP TO CODE, NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
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HEALTH SAFETY AND WELFARE.
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CC Sec. ®2 ®( )( ) ® UNSAFE/STRUCTURAL ETE IO ATIO
THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY
UNSAFE UE TO DETERIORATION OFT E STRUCTURE OR
STRUCTURAL PARTS,
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO DEMOLISH THE OFFENDING STRUCTURE/STRUCTURAL
PARTS OR OBTAIN A PERMIT TO BRING THE STRUCTURE/
STRUCTURAL PARTS UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH SAFETY AND WELFARE,
C Sec. ® ,( )( )c - UNSAFE PARTIALLY DESTROYED
A BUILDING OR PART THEREOF, SHALL ICE PRESUMED TO
BE UNSAFE THE BUILDING IS PARTIALLY DESTROYED,
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THE BUILDING OFFICIAL HAS DEEMEDT I PROPERTY
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UNSAFE.
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Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO DEMOLISH THE STRUCTURE OR OBTAIN A PERMIT TO BRING
THE STRUCTURE UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AST IS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH SAFETY AND WELFARE.
° } PLEASE TAKE NOTICE that a Public Hearing will be conducted the Special Magistrate
in the above case on 02/28/2019 at 9 AM at the Monroe County Government Regional Center,
2798 Overseas Hwy., Marathon,Florida.
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( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A 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,
( ) 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 ,
additional fines to cover all costs incurred by the County in enforcing its codes, If the Co
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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.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure
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that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon 00
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which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's W
Final Order.
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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 appropr*e location:
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WVIND,. OR, KATHLEEN x
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Windsor-kathleen@monroecounty-fl.gov
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL33050 (305) 289m2810
Upper Keys: 102050 Overseas Highway
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Key Largo, FL 33037 (305) 453-8806 Q
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CERTIFICATION OF SERVICE
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1 hereby certify that a copy hereof has been furnished to the above named addressee(s)by Certified Mail,
Return Receipt Request No.: 7018 0360 0002 1537 0209 on 02/08/19.
............. .........e �qetepartment
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURAEC Y OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE,
ADA ASSISTANCE: If you area 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) cale
prior to the scheduled meeting; if you are hearing or voice impaired, call "711
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1320 BOYD ST
WATER VALLEY MS 38965-9036
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CE18050033 3 EL MONTE LN„ BIG COPPITT KEY
PETITIONER'S
2/13/19 INSPECTOR LL EXHIBIT
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MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE18060033
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Monroe County Coe Compliance, declare under penalty of
perjury, that I posted the property owned by: BUIPLEY ANITA LYNN & KENNETH, described as 3 EL
MONTE LN, BIGCOPPITT KEY, FL 33040 having the property RE#: 00157130000000i h Notice of
Violation/Notice of Hearing for this case with a Hearingto o / /2 1
THIS NOTICE WAS POSTED AT:
IJ J CT TY AS STATED ABOVE
t b Time:
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Monroe County Courthouse ®500 WhiteheadStreet, Key West, Florida 00
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Date: Time:
Monroe County Courthouse®3117 Overseas Highway, Marathon, Florida
Date: Time: U)
Plantation ou house®88820 Overseas Highway, Tavernier, Florida
Date: Time:
Signature:
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Sworn to and subscribed before me this day of00
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Notary u lic, State of Florid
CERTIFICATION
, Monroe County Coe Compliance, declare under penalty o
perju4, that I mailed a duplicate copy of the above-mentioned otic via First Class Mail to: BUIRLEY
ANITA LYNN & KENNETH , 1320 BOYDT , WATER VALLEY, 38965-9036 .
Signature:
Sworn to and subscribed before me this day of � �� -,, 20
Notary Public, State of Florida
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MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE18050033
Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: BUIRLEY ANITA LYNN & KENNETH, described as 3 IEL
MONTE LN, BIG COPPITT KEY, FL 33040 , having the property RE : 00157130000000 with the Notice of
Violation/Notice of Hearing for this case with a Hearing Date of 02/28/2019
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time:
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Monroe Coun ty Courthouse — 500 Whitehead Street, Key 'West, Florida T_
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Plantation Key Courthouse —88820 Overseas Highway, Tavernier, Florida
Date: Time:...............................
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Sworn to and subscribed before me this day of 0 00
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Notary Public, S
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CERTIFICATION OF MAILING:
I*o Monroe County Code Compliance, declare under penalty of
perjury, It
, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to, BUIRLEY
ANITA LYNN & KENNETH , 1320 BOY® ST , WATER VALLEY, MS 38965-9036
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Signature: ..........
Sworn to and subscribed before me this day of 20
Notary Public, State of Florida
n off. NI LE M.PETRICK
MY COMMISSION#GO 172281
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EXPIRES:January 3,2022
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Planning& environmental Resources Board ofConuwak} C ommissioners
Department / rrs" N �9 Nm V m ue id Rice, i i,orict,t
2798 Overseas Q h rohwa ,Suite 400 � "�
y ' �10 „ Mayor Pro Tern Sylvia).Murphy,District 5
Marat➢mn,FL 33050 Danny L.Kolhage,District I
Voicr,. (305)289•2500 qe� George Neugent,District 2
FAX Q305I 289 2536 �;,� � ��'d� I leather Carruthers,District 3
We strive to be caring,professional,nand fa it
January 10, 2018
BUIRLFY ANITA LY N AND KENNETH
3 EL, MONTE Ln
IFFY WEST, FL 33040
Property location: 3 EL, MONTE Ln, BIG COPP1°l"T (CRY
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Property real estate parcel number: 00157130-000000 00
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Dear Property Owner:
On September 10, Hurricane Irma damaged your structure located in a Special Flood Hazard Area (SFHA) flood
zone. When a property within a flood zone is damaged by any source, Monroe County is required to perform damage
estimation in accordance with the Monroe County Floodplain Management Ordinance (Chapter 122 of the Monroe co
County Code). The initial estimation of the damage to your structure resulted in a determination that it sustained _
substantial e, This estimate means that the cost to repair the damage is 50 percent or more of the fair market
value(2017 tax assessed value plus 20 percent).
Substantially damaged structures are required to be brought into full compliance with floodplain regulations 2
found in the Monroe County ]Floodplain Ordinance and the Florida Building Code. Residential structures must
be elevated to or above the base flood elevation. Dion-Residential structures must be floodproofed or elevated to or
above base flood elevation,.
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If you disagree with this determination,you may submit the following additional information:
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L Cost estimate for the repair of all damages sustained to your structure prepared and signed by a licensed U
general contractor. Your contractor will be required to sign an affidavit indicating the cost estimate submitted
includes all damages to your structure. Please note: any additional renovations or improvements that are to be E
made to the structure while repair work is underway must be included in the contractor's estimate.
2. Uniform appraisal of the market value of your structure before the damage occurred.
If the damage was caused by flooding and if you have a flood insurance policy from the national Flood Insurance
Program, you should contact your adjuster to discuss the Increased Cost of Compliance (ICC) coverage. This
coverage may provide a claim payment to help pay for work required to bring your home into compliance, Your
adjuster can explain that the ICC claim may also be used to pay certain costs associated with demolishing and
rebuilding your home, or moving your home to a site outside of the floodplain
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Please be advised that all repairs, reconstruction, and new construction are sembject the Monroe County Regulations
and the Florida Building Code and require a permit. Construction n activities conducted without a proper permit may
be considered non-compliant and may result in daily fines and/or time removal of time non-compliant construction,
Prior to beginning repairs, improvements, or reconstruction, contact time Monroe County my Building Department for a
permit to bring your structure into compliance time current floodplaamn regulations and/or Florida Building Code
requirements.
Monroe County uunty participates in the National Placid lrnsm.uramnce Program. Failing to enforce floodplaamm requirements can
put the County umnty in jeopardy of losing flood imnsnmrammce, disaster assistance and Federal backed loans and grants for our
citizens, Thank you in advance for your cooperation and assistance at a difficult time.
Questions regarding this determination or to request a copy of the detailed substantial determination inspection
report, please contact Lori Lehr, Monroe County Floodplain Program (30.5) 407-6585 or via e-mail at
Flood lsnformnnatacmnrri.'Mo nroeC"camumnty-ll -OV.
Sincerely, LO
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Monroe County Code Compliance Department
102050 Overseas Hwy, Suite 2.2.5
Key Large, FL 3303
Phone* (305) 453-6306 Fax: (305) 453 3619
2793 Overseas Highway, Suite 330
Marathon, FL 33050-2.227
Phone; (305) 239-2310 Fax* (305) 2.39 253
5503 College Rd, Suite 204LO
Stock Island, FL 33040 00
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Phone* (305) 292-44 5 Fax* (305) 295-4344
Community Concerns & Complaint Form
Gate �__.�____ Method of Delivery: Phone In Person ( ) ether O .�
Please include details pertaining tot e complaint, address of complaint or description
of e location, (street name and number, , etc)
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Follow Up Contact: ( ) None/Anonymous
Please indicate the best way to contact you:
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Windsor-Kathleen
From: McPherson-Cynthia
Sent: Friday,June 29, 2018 3:50 PM
To: Wndsor-Kathleen
Subject: FW: 3 6monte Lane#3 CE18050033
CyrftNa L "AcIlDherson, ClI N/I
NreCkw,, Code CorripHance
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Nlonroe Co unty Code ConipHanc ®_
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21798 Overse&S Hvq 4330
NAa�,athon, FL 33050
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(305) 289 12!1308
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Nease note: Hoiida has veii,y I)row.l pubkc reo:,uds Wit. Most writlen conHTRfflkIatk,)ns lhlo or frorn the County egairdkig .®
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CourWV Nisiness are piuEflic !iec��)rd, w/aflable to thie �xiubHn:and rned�a upoin reqi,oest, Youii- einafll coniinUfli(atain rnay 11�oe w
SUbuecll o pubk!: d�scllosure
From: David Boucher[mailto:saguarodogl@yahoo.com)
Sent: Friday,June 29, 2018 3:43 PM
To: McPherson-Cynthia <McPherson-Cynthia@ Mon roeCo u nty-FL.Gov> LO
Subject: 3 elmonte Lane#3 00
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County of Monroe
The Florida Keys
ggyntj Commissioaffs
2798 Overseasi r David Rice,District
Marathon,Florida 33050 Mayor Pro Tomvia Murphy,District
Voice:( )289-2810 Dannyl i 1
FAX ( ) George Neugent,District
Heather Carruthers,
Unsafe, Uminhabitable, Non-homestead Structure Inspection
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Structure appears to be unoccupied vacant. -
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PARCEL ED: Rn- nx,,AN rd OWNER:ELLIA 4_.L X
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Structureis an unoccupied vacant.
Structureis unsafe according to Florida BuildingCode. 0
Structurecontains unsafe equipment.
Structureis damaged,decayed,dilapidated, structurally unsafe.
Structure is of faulty construction.
StructureWE st le foundation and that a partial complete collapse is possible.
Per FBC 105.4.1:Perinit is Null and Void. Building ici is authorized to require o to be removed.
I„ Reynaldo Ortiz,Building Official have personallyrp� a above-mentioned property and agree that due to
the above con iti (s) a exist sufficient c toM a lis eoffending s c r (s).
-w. I,Reynaldo Ortiz,Building Official have personally inspected the above-mentioned property and have determined
that rehabilitation or repair of the structure ld be a morereasonable approach to remedyingthe violation,
*Signattiureir"i
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Date
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Building Department
2798 Overseas Highway
Marathon, FL, 33050
Building/Permitting/Inspection Division
Unsafe Uninhabitable/Non-homesteaded Structure Building Checklist For Report
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( }6-27(b) 1(a) FIRE HAZARD/HAZMAT ( )6-27(b)2(h) NO PERMIT/EXPIRED PERMIT
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( � 6.27(b)2(b) DETERIORATION OF STRUCTURE ( }6-27( )2(})i CHANGE IN USE NO PERMITS
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ORDER TO DEMOLISH UNINHABITABLE
UNOCCUPIED NON-HOMESTEAD STRUCTURE
THIS STRUCTURE(S) HAS BEEN DEEMED BY THE BUILDING OFFICIAL TO BE
UNINHABITABLE PURSUANT TO CHAPTER 6-27 OF THE MONROE COUNTY CODE.
Property/Location/Address: _
Owner(s) Name: I
Legal Description
THIS STRUCTURE(S) SHALL NOT BE OCCUPIED
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THE OWNER OF THIS STRUCTURE(S) SHALL DEMOLISH THE STRUCTURE(S) W
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IMMEDIATELY OR IN ANY CASE WITHIN 30 DAYS OF THIS ORDER. IF THE OWNER >_
FAILS TO DEMOLISH THE STRUCTURE,THE STRUCTURE SHALL BE SUBJECT TO
DEMOLITION BY MONROE COUNTY.
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reimbursement to the County for all costs incurred. The imposition of fines W
and/or costs shall result in a lien against you and your property.
If the County is forced to correct your violation(s), an order will be imposed for
THE OWNER OF THIS PROPERTY MAY APPEAL THIS FINDING WITHIN 30 DAYS OF
THE DATE INDICATED BELOW.
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If the owner desires to appeal then the owner shall complete and submiti i W
appeal to the buildingI within inotice of
appeal shall be in a form approved by the buildingofficial accompanied
nonrefundable fee. No notice of appeal shall be deemed complete without
requiredi from and returned to:
BuildingMonroe County - Board of Adjustments and Appeals
2798 Overseas Highway#300 Attn: Michelle Yzenas
Marathon, FL. 33050
For Rick Griffin, Building Official ,
Monroe County Building Official or designee Date
Modified .16.1 ,
% % Packet Pg. 1811
N.6.a
County of Monroe
uildin a artment Board of ®unt ®mmissi®Hers
2798 Overseas Highway �� i �t � � 1 l�� Mayor David Rice, District 4
Suite#300 ��` r� �h� Mayor Pro'Terri Sylvia J.Murphy, District 5
Marathon,FL 33050 �°G ���'�r�� � ��� Danny L.Kolhage, Di strict 1
305-289-2501 ---Office George Neugent,District 2
305 2$9-2515 Fax � Heather Carruthers,District 3
We strive to be caring,professional,and fair.
October 31, 201
Anita Lynn Buirley andKenneth uirley
1320 Boyd
Water Valley,
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Property Location/Address: 3 El Monte Ln„ Big Coppitt
Owner(s) me: Anita Lynn Buirley andKenneth uirl
Property r is rs Legal Description: BK 3 LT 22 and23 Gulfrest Park ®11
Real Estate (RE) Number: 001 1 ®0 00
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To Whom It May Concern:
Upon inspection, the structure t the abovecited location has been determined to be uninhabitable,
unsafe n non-homesteaded pursu nt to ® 7 of the Monroe County Code, and is subject to the Monroe
County Code Compliance Uns , Unoccupied, n on® o st p Uninhabitable Structure Removal
Procedure authorized by the Boardof County Commissioners on June 15, 2011. The followingviolations
have e n observed ursu nt t 7(1) and ( ):
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(1) A buildingshall be deemed a fire hazardand/or unsafe n:
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b. The building condition creates hazards with respect to means of egress and fire
protection.
( ) A building, or part thereof, shall be deemed unsafe building official or his/her 0
authorized designee if-
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There is a deterioration of the structure or structural parts, or
c. The building is partially destroyed
This Structure(s) shall not be occupied or entered unless by authorizedens of the owner for
compliance pur os s only. Compliance can be achievede olis in h structure(s) immediately,
Failure to comply withinIrty) days of the date of this notice
being subject to demolition . If you have questions about the structure of violations
Buildingcontact the
%% " Packet Pg. 1812
If you do not demolish the structure(s) and if you do not appeal this decision of the Building Official then
the County may seek legal remedies through the Court to allow the County to demolish the structure(s).
The County may also seek reimbursement of costs incurred by the County for the prosecution and the
demolition. Additionally, you may be subject to the imposition of fines and or other penalties. The
imposition of fines, and or other penalties may result in a lien against you and any property that you may
own.
YOU MAY APPEALT l ISION WITHIN 30 (THIRTY) DAYS OF THE DATE OF THIS ORDER
In order to appeal, you must complete and submit the written notice of appeal (attached) to the Monroe
County Building Department within 30 (thirty) days of the date of this order accompanied by the
nonrefundable fee. The notice of appeal shall not be deemed complete without payment of the required
fees. Complete appeal forms should be submitted to:
Monroe County Building Official-Board of Adjustment and Appeals
Attn: Michelle Yzenas
2798 Overseas Highway, Suite 300 LO
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Marathon, Florida 33050 It-
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Monroe County Building Official
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CERTIFICATE OF SERVICE
I hereby certify that this notice has been furnished to above named addresses(s) by Certified Mail,
Return Receipt Request No,"LLF, on
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MONROE COUNTYFLORIDA BUILDING DEPARTMENT
UNSAFE, UNOCCUPIED, AND TACO-HOMESTEAD UNINHABITAEL,E
STRUCTURE REMOVAL PROCESS
REGISTERED MAIL
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SUBJECT PROPERTY
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POSTING
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MONROE COUNTY GROWTH MANAGEMENT
AFFIDAVIT OF POSTING and FIRST CLASS MAILING
1, __Reynaldo Ortiz,_ __, , Monroe County Building Department, declare under penalty of
perjury, that I posted the property owned by: Anita Lynn Buirley and Kenneth Buirley, described as 3 El Monte Ln,,
Big Coppitt Key, FL, having the property RE#: 00157130-000000 with an Order to Demolish Uninhabitable
Unoccupied Non-Homesteaded Structure.
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: L Time:
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Monroe County Courthouse®500 Whitehead Street, Key West, Florida W
Date: Time:
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Monroe County Courthouse®3117 Overseas Highway, Marathon, Florida co
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Plantation Key Courthouse®88820 Overseas Highway, Tavernier, Florida W
Date: Time:
Signature: LO
Sworn to and subscribed before me this 0 day of k� 2C� 00
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CERTIFICATION OF MAILING-
Monroe County Building Depart t declare under penalty of perjury that I mailed a
duplicate copy of the above-mentioned Notice via First Cis Mail to:
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Ownerl Addros: .................X, Signature'.
Sworn to and subscribed before mel,ms day of................_, 20—.
Notary Public, State of Florida
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MONROE COUNTY GROWTH MANAGEMENT
Packet Pg. 1816
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MONROE COUNTY GROWTH MANAGEMENT
AFFIDAVIT OF POSTING and FIRST CLASS MAILING
------—, Monroe County Code Department, declare under penalty of perjury, that I
posted the property owned by: Anita Lynn Buirley and Kenneth Buirley, described as 3 El Monte n.® Big Coppitt
Key, FL, having the property RE#: 00157130-000000 with an Order to Demolish Uninhabitable Unoccupied Non-
Homesteaded Structure,
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time;
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Monroe County Courthouse®500 Whitehead Street, Key est® Florida W
Date: Time:
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Monroe CouPt C urthouse®3117 Overseas Highway, Mar
Yathon, Florida
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Date: am" V� Time:
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Plantation Key Courthouse®88820 Overseas Highway, Tavernier, Florida W
Date: Time:
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Sworn to and subscribed before me this T_
&tt day of mmµ 20 L
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My CoMmIsSION#GG 26907
Notary Public, Mate of Flori
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CERTIFICATI
Monroe County Building Department, decl rie 'der penalty of perjury that I mailed a
duplicate copy of the above-mentioned Notice via First Class M 441 tie
Owner: Address:
Signature:
Sworn to and subscribed before me this day of 20
Notary Public, State of Florida
MONROE COUNTY GROWTH MANAGEMENT
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MONROE COUNTY GROWTH MANAGEMENT
AFFIDAVIT OF POSTING and FIRST CLASS MAILING
Monroe County Building Department, declare under penalty of perjury, that
I posted the property owned by: Anita Lynn Buirley and Kenneth Buirley, described as 3 El Monte Ln,, Big Coppitt
Key, FL, having the property RE#: 00157130-000000 with an Order to Demolish Uninhabitable Unoccupied Non-
Homesteaded Structure,
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time-
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Monroe County Courthouse®500 Whitehead Street, Key Werst, Florida W
Date: Time,
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Monroe County Courthouse—3117 Overseas Highway, Marathon, Florida
Date: e: U)
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Plantation Key Courthouse®88820 OvViolas Highway, Tavernier® Florida W
Date: Time:
Signature: LO
Sworn to and subscribed before me this day of.......................................................... 20® 00
W
Notary Public, State of Florida
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CERTIFICATION OF MAILING:
1® Michelle Yzenas Monroe County Building Department, declare under penalty of perjury that I mailed
a duplicate copy of the above-mentioned Notice via First Class Mail to:
Owner:—Anita Lynn Buirley and Kenneth uirley® Address: 1320 Boyd St., Wat@r Valley, MS 38965
Signature20
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st,
Sworn to and subscribed before me this 11.dZ day of
NICOLE M.PUMCK
Notary Public, State of Florida
my COMMISSM#GG 172281
F.i.XPIRM January 3,2022
v�,W Bo�ided'FhvuNotmyPuNicUrbdorwwft�,is
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Monroe aunty, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose
of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.
The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose, Likewise,data
provided regarding one tax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on
for any other purpose.
y continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00157130.0001
Account# 1.2.02736
Property ID 1202738
Millage Group 1008
Location 3 EL MONTE Ln,BIG CeOppITT KEY
Address
a
Legal r3K 3 LT�22 AND 2$GULFREST PARK PR4-119 BIG C:SOppIT11 IICIe1`Q:DRaQDE'u-&BO_§ i ///,� LC8
Description OR764�1599 OR1070-342t"D/C:t'.DR257 1 5 8lD/C OR2.5&9w1'704 OR260d-1.013,/14 „ Ord
(1',iOle Not 9:rli be used rrrt legal/lydt:i.in is i i9„_3 Neighborhood 253 LLB(Il a, W
Property Class MOBILE HOME SUIGtl(020Q �
Subdivision GUI..PRESTpARK
SecfTwpdRrrg 21./67/26
Affordable No
Housing '
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Owner
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BUIRLEY ANI"r'A ILYNN 1BUIRLE'Y KENNT0 I
1320 Boyd St 13201Boyd St
Water Vai0ey MS 35965 Water Valley MS 35965 �
Valuation
2019 2017 2016 2015
I. Market Improvement Value: $640 $6,395 $12,932 $12,932
+ Market M'isc Value $2,649 $2,649 $2,649 $2,304 LO
4, Market Land Value $150,A277 $103.674 $91,343 $83,861 Q
JustMarlketValue $1S3,816 $112,718 $107,429 $99,097
Total Assessed Value $85,297 $77,543 $70494 $64,086 U
Scho6 Y xecmpt Vdafusa $0 $0 $0 $0
Schooll Taxable Value $153,816 $112,718 $107,429 $99,097 0
Land M
Land Use NumberofUnits UnitType (Frontage Depth
MOB d ICYME DRY(02,Q[)I 3,948.00 Square Foot D Q
Mobile(lame Buildings
Style GROUND Llf VEL Roof Type FII..AT OR SHED
BudlldingType S.F.R.-Ivd1/M1 Roof Coverage METAII..
Finished Sap Ft 806 FloordngType II"EIGkRAZZO
Stories 1 Floor Heating Type NONE uaaith 056 NONE
Conti lion POOR Bedrooms 2
Interior Wallls MASONRY/MIN Full Bathrooms 1.
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Year Bulit 1962 Grade 350
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IOescrdptdon Year Built Roll Year Quantity Units
CONC PATIO 1970 fl 971 1 240 SF
LC UTIIL G3LDG 1973 1.974 1 32.Slf'
FENCES 1973 1.974 1 423 si.:
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Real Estate account at 3 EL, ,- NTE L,n, EIG COPPITT KEY - TaxSy� Monroe County Tax Collector
Real Estate Account At 3 EL MONTE Ln, BIG COPPITT KEY
Real Estate A. #1202738 �i7 Parcel details. Latest
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Pay All:$3,443.42
2018 2.01.7 2016 2015 1998
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Monroe County Tax Collector Notwe of Ad Valorem Taxes and Non-ad'Valorem Assessnnenta
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Account¢numberProperty id Escrow code Mil0age cede �
4202738 1202736 — 100B yc
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Water Va0ey,MS 36965-9036
3 EL.MCN"II"III.Lew
MG COPP01FT KEY
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SCHOOL STATL EnCAARC] i5600 Assessed
3 816 d 153,816 $239 9°r
9 7980 153,616 tY 153,816 $276 56
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Taxing authority 1101lage Assessed Exemption Taxable Tax
GENERAL REVENUE Fi,JND 0'7495 85,297 0 85,297 $63 9
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HEFCL"iH CUNIC:; 0.0394 85,297 0 85,297 $3 D$
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FLODIR011:DA KEYS LfioSO4LP1"ro CODNTROL 04555 155,297 0 85,297 $35.8 n
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Levying authority _ ate Amount
M0 CO SOILID WASTE $394.00
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Sec. 21-76. -Prohibited acts.
(a) With the exception of construction and demolition debris, no person shall place, deposit or dispose
of any solid waste, other than at the solid waste disposal facility. If any solid waste is found on public
or private property or roadways and its origin is traced to improved property by identification such as
mail, statements, checks, receipts, etc., and such occupant or owner of such property is not
receiving collection service by a collector, it shall be presumed that such solid waste was generated
from that improved property.
(b) No person shall place or deposit for temporary storage any domestic solid waste or special solid
waste anywhere in the county in such a manner that it may be carried or deposited by the
uncontrolled physical elements upon any public property or upon the land of another person.
(c) No person may provide collection services unless certified pursuant to the provisions of section 21-
72 and pursuant to a collection agreement.
(d) No person may collect or transport special solid waste without being certified under the provisions of
section 21-72, unless exempted from those provisions.
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(e) It shall be unlawful to scatter or spread about or cause to scatter or spread about any domestic solid T-
waste or special solid waste that has been set out for removal by a collector or specialty hauler, W
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No owner or occupant shall maintain or permit on any improved property an unsanitary nuisance, >-
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(g) No person shall place any special solid waste in any garbage receptacle or commercial container or W
in any location intended for the collection and disposal of domestic solid waste. M
(Code 1979, § 8-86; Ord. No. 33-1989, § 11; Ord.No. 35-2000, § 6;Q�-d No0j_9-,22)(0J12 122. .....................
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Sec. 21-46. -Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Unsanitaty nuisance means the commission of any act or the giving of the permission for the
commission of any act of keeping, maintaining, propagating or permitting the existence of any domestic or 00
special solid waste by any person by which health or life may be threatened or impaired or by which W
disease may be caused. The keeping of the following materials on any real property shall be considered U
an unsanitary nuisance: untreated and improperly treated human waste, offal, dead animals or dangerous
waste materials resulting from manufacturing processes or pollutant gases and noxious odors that are E
harmful to health or to human and animal life. The creation, maintenance or causing of any condition
capable of harboring, attracting or breeding flies, mosquitoes or other arthropods and rodents capable of
physical harm and transmitting diseases directly or indirectly to humans shall also be considered an <
unsanitary nuisance,
(Code 1979, § 8-72; Ord.No. 33-1989, § 2; Ord. No. 33-1990, § 3.A, B; Ord.. o. 22-1991, §§
1. 2. Ord. No. 35-2000, § 1; L�19 2.!g ELL; QL�1_14o 019-2012. ...�-7 ; Q[d, l',Jo, 003-2017
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Sec. 6-27.- Unsafe buildings.
(a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are
unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or windstorm
hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health shall' be deemed to be unsafe structures by the building official or his/her
authorized designee and a permit shall be obtained to demolish the structure or where specifically
allowed by this section, to bring the building into compliance with the applicable codes as provided
herein.
(b) Physical criteria.
(1) A building shall be deemed a fire hazard and/or unsafe when:
a. There is an accumulation of debris or other material therein representing a hazard of
combustion,
b. The building condition creates hazards with respect to means of egress and fire protection,
(2) A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized 00
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designee if: W
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a. There is a failing away, hanging loose or loosening of any siding, block, brick, or other >-
building material; or W
b. There is a deterioration of the structure or structural parts; or
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c, The building is partially destroyed; or CO
cl. There is an unusual sagging or leaning out of plumb of the building or any parts of the U)
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building and such effect is caused by deterioration or over-stressing; or
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e. The electrical, plumbing or mechanical installations or systems create a hazardous W
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condition contrary to the standards of the Florida Building Code and the National Electric >%
Code; or
f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities
or waste disposal systems, or
g. There is no potable water service or electrical service; or
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h. The construction, enlargement, alteration, repair or demolition of the building or part thereof Ir-
or the impact resistant coverings of the building or construction or the installation of W
systems or components within the building or structure has been commenced or completed
without a permit having been obtained as required by the Florida Building Code or where
the permit has expired prior to appropriate inspections and completion or when a building E
or structure is occupied prior to the issuance of a certificate of occupancy or certificate of
completion; or
i. The building or structure is vacant and abandoned, and covered at doors or windows with
materials not previously approved by the building official; or
The building is being used illegally or improperly based on the Florida Building Code; or
i. A change in the existing use originally approved has occurred without required permits,
inspections, and/or approvals; or
ii, A change in occupancy classification of a building or structure or portion thereof has
occurred that does not comply with the Florida Building Code; or
iii. Maintenance of conditions of occupancy or requirements of the existing occupancy
classification of a building or structure or portion thereof does not comply with the
Florida Building Code from the time period when the building was originally
constructed or with the code in effect at the time of construction; and
Sec.-6.-27.—Unsafe-buildings, Page I I
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k. The building or part thereof meets the physical criteria of an unsafe structure set forth
above in Section (b)(1)(a) or(b) and/or Section (b)(2)(a)-O), as determined by the Building
Official or Fire Marshall, with proper notice as defined in Chapter 6-27, Section (d), This
provision does not supersede the authority of the building official under the Florida Statutes
or the Florida Building Code.
(c) Abatement,
(1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by
repair and rehabilitation or demolition.
(2) All swimming pools or spas that contain stagnant water or do not conform with Section
424.2,17 of the Florida Building Code are deemed unsanitary and/or dangerous to human life
and public welfare. If the stagnant water is not removed and/or all repairs made and brought
into full compliance with the building code within a reasonable period of time, then these
swimming pools or spas will be demolished.
(d) Notice, When the building official or his/her authorized designee has after inspection deemed a
building, structure, electrical, gas, mechanical or plumbing system to be unsafe, then the building LO
official or his/her authorized designee shall provide a written unsafe declaration specifying the unsafe 00
physical criteria, the suggested methods for abatement or remediation, the time allowed for the W
abatement or remediation and that the matter will be referred to code compliance after the time
prescribed by the building official for that particular declaration, The written unsafe declaration shall W
be mailed to the owner of the property in question at the address listed in the tax collector's office for
tax notices via first class mail. If the unsafe physical criteria is not abated or remedied within the D
designated reasonable period of time prescribed by the building official or his/her designee, then the co
matter shall be referred to code compliance. This provision does not supersede the authority of the U)
building official under the Florida Statutes or the Florida Building Code.
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(Code 1979. § 6-4, Ord, No. 010-2002, § 2; Ord, No. 015-2008, §§ 1, 2; Qid t4o 022-2011, W
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Sec. 6 27. Unsafe buildings. Page 2
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N.6.b
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
Doen 2209133 03/01/2029 4:30PM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
MONROE COUNTY FLORIDA, DocV 2209138
Petitioner, Bk# 2951 P90 1399
VS.
ANITA LYNN BUIRLEY&KENNETH BUIRLEY Case No.: CE18050033
Respondent(s). Subject Property Real Estate Number: 00157130-000000
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:
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The Res ondent(s)and/or Authorize Representative
were 1 erp
resent and did ntest the violations)set forth in the Notice of Violation/Notice of Hearing which is
incorporan as if fully set forth.
(✓) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(`/) The Respondent(s)is/are 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). `o
(V/) COSTS-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.
(V/) The Res opden%shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before
/ a/0�� /9 ("THE COMPLIANCE DATE').
(✓ ) In the event the violations)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
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21-7640 $ / 0.00 00
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6.27.(b)(1)b $ /50, 00
6.27.(b)(21b $
6.27.(b)(2)c $ /50.00
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
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.
(✓) It is further ordered,that the Respondent will not permit any occupancy of the subject property effective immediately until further
ordered.If the County determines that the repairs or corrective actions are needed to make said property safe,the County is
authorized to take such action and provide an itemized bill for costs incurred and the Respondent is ordered to reimburse the
County for said Costs within days of receipt of the itemized bill. Failure to reimburse the County will result in costs to be included in
the lien.
(� It is further ordered,that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings
to recover the amount of the lien plus accrued interest if the lien has remained unpaid for at least 3 months from the date of the Order.
( ) Other.
Pagel
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N.6.b
Doeit 2209138
Bkq 2951 Pg# 1400
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.
IT IS THE RESPONDENI(;J RESPONSIBILITY TO RE WEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COMPLIANiTBY ALLING CODE COMPLIANCE 05 453.8 06 FOR THE UPPER 289.28 0 FOR THE MIDDLE
KEYS:(305)292.4495 FOR THE LOWER KEYS.
KE S.
DATED this day of re 6►"��'-R-I ,2013-
an Laningham,Special Magistrate
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 00
HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ws
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 z
I hereb certify that this is a true and correct copy of the above Order.
/0 A a
Nicole M. Petrick,Liaison
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CASE NUMBER: CE18050033
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Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
ANITA LYNN BUIRLEY&KENNETH BUIRLEY E
1320 BOYD ST
WATER VALLEY, MS 38965-9036
Location of subject property:
3 EL MONTE LN
BIG COPPITT KEY, FL 33040
Real Estate Number: 00157130-000000
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 yvith the Monroe County Property Appraiser's Office as referenced
above and/or Authorized Representative 17 a on this f ST day of
0 /9' .
MONROE COUNTY
Nicole M. Petrick, Liaison OFFICIAL RECORDS
Page 2
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N.ti.c
BOARD OF COUNTY COMIdISHONERS
ACOMAYIXH SUMMARY
Meeting Date: June 15.2011 Division: Growth Management
Bulk Item: Yes x No _ Department: Code Compliance
Staff Contact Persor0hone#: Ronda Nomuan
259-2520
AGENDA ITEM WORDING:Approve a Process and Procedure for the removal of unsafe,unoccupied,non-
homestead structures to protect the health safety and welfare of Monroe County residents.
ITEM BACKGROUND:The overarching goal of Code Compliance is to protect the health safety and welfare
of property owners within Monme County by obtaining compliance with building and other codes established
by the Commission.At times,the normal administrative hearing process for Code Compliance does not provide
results which meet the ultimate goat.
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Because the Code Compliance administrative heating process doesn't always produce commplianc% due to its
inherent limitations,which doesn't achieve ultimate removal of unsafe struct<res,staff is requesting this policy t s
be approved so the County can protect nadents and citizens from unsafe conditions.This process would allow
County attorneys to seek Board approval to proceed to a court to obtain a determination that e)dsting unsafe,
unoccupied, non hamrestead properties should be demolished. The Board budgeted $60,000 to accamVlish
demolition of these types of structures when property owners will not demolish on their own. The cost of
demolition would be liened against the property.
Attached is the final recommended Process and Procedure for the removal of unsafe, Unoccupied, nor-
homuestead structures.
PREVIOUS ANT BOCC ACTION:
April 21, 2010 — BOCC authorized staff to formulate a process and procedure for the removal of unsafe, z
unoccupied and non-homesteaded structures.
CONTRACT/A CHANGES:N/A
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STAFFRECOMMENDATIONS:Approval
TOTAL COST:Apppox.$60 000 aanualr BUDGED. Yes J.a,_No
D OF LOCAL "I CE:$6 000 ner unit(estimated —with lien fling on real nronei y
to assure future mature of funds amended.
COST TO CO SOURCE,Old'
RZVENUZ PRODUCING: Yes_ No X AMOUNT PER MO Year
APPROVED BY: County Attomey x O asing__ Risk Management
DOCUMENTATION:Included. Not Required
DIS ON: AGENDA IT=#
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Packet Pg. 1832
N.6.c
MONROE COUNTY CODE COMPLIANCE
UNSAFE,UNOCCUPIED,AND NON-HOMESTEAD UNINHABITABLE
STRUCTURE REMOVAL PROCEDURE
DRAFT AS OF 4/30/11
Administrative Assistant
1. Monroe County Code Compliance receives or initiates a complaint of an unsafe structure
2. Code Compliance Administrative Assistant takes complaint and completes the"New Case"
check list
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3. Complaint is muted to the Code Compliance Director for review
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Code Compliance Director
4. Director reviews complaint and assigns the case to appropriate inspector Code Compliance
Inspector
Code Compliance Inspector W
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5. Code Compliance Inspector inspects property and documents conditions.Reports back to Code
Compliance Director with Uninhabitable Structure Inspection RequesMdeaal
Code Compliante Director z
6. Uninhabitable Structure Inspection Request and Refeaal given to the Building Official.
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Building O
1. Building Official makes an initial determination whether demolition will be required or if
rehabilitation and/or repair of the structure would be a more reasonable approach to remedying
the violation.If determination is made that the property may need to be demolished,the
Building Official will make a site inspection with the Inspector
2. Building Official inspects property and completes Unsafe Struchue Report for demolition if
determined to be uninhabitable.
3. Building Official will make reference to the specific violations of the Florida Building Code,
Monroe County Code,and/or any other relevant Code adopted by the County.
4. Building Official Posts NOTICE OF UNIHABITABLE STRUCTURE AT PROPERTY
(includes language for appeal process,fines liens and Monroe County intent to Abate etc)
5. Budding Official provides copy Uninhabitable Report to Code Compliance Director and
County Attorney
21Page
Packet Pg. 1833
N.6.c
Code Compliance and County Attorney
1. If violation presents an imminent threat to the health,safety,or welfare of the community,
Assistant County Attorney and Code Compliance Director will confer with Chief Assistant
County Attorney on whether to seek an injunction from the circuit comt.
a. If threat to health,safety,or welfare is so severe that time will not permit the
County Attomey's Office to seek authority from the BOCC before seeking
injunction,County Attorney will file petition for temporary injunction and
inform the Commission and the Adminishator by email
b. If the property poses a threat to health,safety,or welfare of the community but
is not of such a severe nature that immediate action is required,the County
Attorney will seek permission from BOCC at next regular BOCC meeting to fileLO
the suit for injunctive relief. CO
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c. The suit will seek an order requiring demolition of offceding structure within 20
days after the order®ranting the injunction becomes final The County will
request authority from the Corot to demolish the offending structure if the
deadline imposed by the Court is not met The County will also seek to M
recover all demolition costs as well as costs of suit from the property owner.
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2. If the structure does not pose an imminent threat to the health,safety,and welfare of the
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community,the Code Compliance Department shall issue a notice of violation and
emceed through the established process before the Code Compliance Special
Magistrate. (n
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a- If the property is found in violation at the hearing,the Code Compliance Director,after
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consulting with the Assistant County Attorney,will request that the Special Magistrate 04
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enter an order authorizing the demolition of the offending structme(s)by the County at
the expense of the property owner and ad a compliance date.
b. The Code Compliance Liaison shall file the demolition order with the Clerk of Court
and send it to the property owner(s).
c. All requests for cdonsims of time to comply must be done through the Special
Magistrate at the hearing
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N.6.c
CORRECTED PAGE
ITEM 1-10
Demolition Process
1. Once an order of demolition has been granted by the Court or the Special Magistrate and that
order has become final,the Code Compliance Director will place an item on the agenda for the
next BOCC meeting requesting the authorization of expenditure of fiords to demolish the
offending structure.
2. Once the BOCC approves the expenditure of funds for the demolition of a property,the Code
Compliance Department will issue a RF0 gr BM for demolition contractors.
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3. The: RFO or RFP will include as a minimum the demolition of the offending structure
and the hauling away of all associated debris. The Board may,at its sole discretion,may waive
any dumping fees at the County's transfer station.
4. The bid process shall be conducted pursuant to the County policy.
5. The successful bidder must obtain all necessary permits and completes demolition
6. The Building Official shall conduct a final inspection of demolition.
7. The contractor shall be paid after passing the final inspection.
liaison
1. The Liaison shall notify the property owner in writing of costs due for demolition& LO
prosecution
2. The Liaison shall file liens(if not paid in 30 days)in County Clerk's office. The liaison shall
notify the Code Compliance Director if the fines and costs have not been paid within 90 days of
the lien being recorded.
3. The Code Compliance Director shall initiate the process for foreclosing on a property when
notified by the liaison that the fines and costs have not been paid.
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