Item O2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Division: County Attorney
Bulk Item: Yes _ No
Staff Contact Person/Phone#: Steve Williams 292-3470
AGENDA ITEM WORDING:
Request by property owner, Mr. Thaddeus R. Bowling Jr., for mitigation of fines in Code Enforcement
Case CE05020367. The total amount of accrued fines in this case is $871,950.00
ITEM BACKGROUND:
On March 1, 2005, Code Enforcement initiated a violation case against Mr. Bowling after numerous
complaints regarding the unkempt nature of his property and conditions contusive to harbor rodents.
The Special Magistrate heard the code case on June 30, 2005 and as a result Mr. Bowling was found in
violation by the Special Magistrate of MCC 19-96 (Abandoned vessel stored on the property); MCC 8-
17(a) (Trash and Debris) and MCC 64(a)(c) (Unsafe structure due to lack of safety railings on elevated
balconies and porches). Mr. Bowling did not attend the hearing. The Special Magistrate ordered daily
fines if compliance was not achieved by July 21, 2005 and the property owner did not appeal the Final
Order. A review hearing was held on July 28, 2005 and the property owner did not attend. The Special
Magistrate imposed the lien and subsequently a lien was recorded in the Monroe County Clerk's
Office.
Research on July 20, 2011 revealed that the violations on this property had not been corrected and a
site inspection was conducted, followed by a letter to the property owner by the County Attorney's
Office on November 4, 2011. Research on January 12, 2012 revealed that the violations still had not
been corrected and a Hearing was held on January 27, 2012 in which the Special Magistrate authorized
the Monroe County Attorney to institute foreclosure and/or money judgment proceedings.
Communication between Inspector Windsor and Mr. Bowling ensued and the foreclosure process was
stayed.
The property owner achieved compliance on the last outstanding charge on March 27, 2013, and a
letter was sent to the property owner on April 10, 2013, summarizing the fines and explaining the limit
of reduction of fines allowed by the County Attorney's Office.
To follow are the amounts that have accrued on each charge.
1. On the charge of MCC 19-96 (Abandoned Vessel stored on the property) a daily fine of$50.00
per day ran for 1489 days for a total of$74,450.00.
(From July 22,2005—August 19, 2009)
2. On the charge of MCC 8-17(a) (Trash and Debris) a daily fine of$100.00 per day ran for 2365
days for a total of$236,500.00.
(From July 22, 2005 —January 12, 2012)
3. On the charge of 64(a)(c) (Deemed unsafe by the Building Official due to lack of railings on
elevated balconies, etc.) a daily fine of$200.00 per day ran for 2805 days for a total of$561,000.00.
(From July 22,2005—March 27, 2013).
The total amount of accrued fines in this case is $871,950.00. The total amount of costs to date is
$1,182.20. Therefore the total amount of the lien in favor of the Board of County Commissioners that
was filed in the Official Records of the Monroe County Clerk's Office on November 18, 2005 is
$873,,132.20.
Per Resolution 148-2008 the minimum acceptable settlement of the Code Enforcement fines would be
$217,987.50. Mr. Bowling is now asking the BOCC to further reduce that amount. Mr. Bowling's
letter dated April 26, 2013 is attached explaining the circumstances he would like you to consider for
the reduction of fines. No proposed reduction amount is specifically suggested by Mr. Bowling. It is
anticipated that Mr. Bowling will attend the BOCC meeting to address the fine issue. The costs are
non-negotiable as they are mandated by Florida Statues 162.
PREVIOUS RELEVANT BOCC ACTION: N/A
Resolution No. 148-2008 setting a minimum percentage that will be accepted to settle fines and costs
imposed in Code Enforcement Cases.
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
0(` NROE
COUNTY CODE ENFORCEG
NOTICE OF VIOLATION
TO: BOWLING THADDEUS R JR CASE NUMBER: CE05020367
6 POINCIANA DRIVE
KEY LARGO, FL 33037
RE NUMBER: 00527840000000
LEGAL DESCRIPTION: 6 POINCIANA DR/KEY LARGO PARK
KEY LARGO, FL 33037
DEAR PROPERTY OWNER / TENANT,
You are hereby notified that an inspection of the above
referenced property on ,ti {- - found violations of the
following Monroe County Code, Section (s) :
19-96
ABANDONED BOAT LOCATED ON PREMISES.
Corrective Action Required:
Watercraft must be currently licensed and currently
operative, or (2) remove inoperative and/or unlicensed
watercraft from the above described property, or (3) store
in a completely enclosed building.
6-4 (a) (c)
OBSERVED HANDRAIL ON UPPER OVERHANG HAD FALLEN OFF. REFERRAL
TO BLDG. OFFICIAL AGREES THIS IS AN UNSAFE STRUCTURE. SEE
UNSAFE STRUCTURE REFERRAL ATTACHED.
Corrective Action Required:
By either, (1) obtaining a building permit and bringing the
unsafe building into compliance with all current building
codes, or (2) obtaining a demolition permit and remove all
offending structures on the subject property.
8-17 (a)
OBSERVED PILES OF DEBRIS LOCATED AROUND RESIDENCE
Corrective Action Required:
Remove all debris, garbage, litter and/or items specified by
the Code Enforcement Inspector.Removal of said materials
does not authorize the cutting or removal of native or other
vegetation without a permit if required.
NOTE : Monroe County' s web page, which includes all Monroe
County Codes is located at : www.monroecounty-fl .gov, then choose
Monroe County Code.
In order to correct the violation(s) noticed above, you
are requested to take the corrective action within 10 DAYS
OF RECEIPT OF THIS NOTICE.
S
Slf i i�
This notice is intended to seek your cooperation in correcting
the violation (s) described above without having to initiate
proceedings before the Code Enforcement Special Magistrate or
court system. The Code Enforcement Department will attempt
to help you correct the violation (s) . If you feel you need
an extention of time to comply with the action requested above,
please contact the Code Enforcement Department . Any
extention, if granted, will not exceed ten (10) days .
The violation (s) listed herein do not necessarily constitute
all the violations, which may exist with regards to this
matter/property. Lack of enforcement proceedings at this
time does not constitute a waiver of the right to future
prosecution.
NOTE : If the violation (s) are corrected then recur, or if
the violation (s) are not corrected by the time specified by the
Code Enforcement Inspector, the case may be presented to
J. Jefferson Overby, the Code Enforcement Special Magistrate,
even if the violation has been corrected prior to the
Special Magistrate hearing.
Your cooperation in this matter will be greatly appreciated.
Date : 03/04/05 el
�` r ,
LINK, DIANE
Code Enforcement Inspector
I hereby certify that a copy hereof has been furnished to the
above-named adressee (s) by Certified mail, Return Receipt
Requested, No. 7003 3110 0004 7405
Code Enforcement De rt toct
Please contact the Code Enforcement Department upon correction
of the violation so a re-inspection may be conducted.
Lower Keys : 1100 Simonton Street (Room 1-171) ,
Key West, FL 33040 - (305) 292-4495
Middle Keys : 2798 Overseas Highway, Suite 330
Marathon, FL 33050 - (305) 289-2810
A/pper Keys : 88820 Overseas Highway
Tavernier, FL 33070 - (305) 852-7135
p �.and 3.Also core ❑A9�
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t` ®, ® item 4d Restricted Delivery Is desired. X r ❑Addressee-
s` at Print your name and address on the reverse
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{ n� so that we can return the card to you. a Received by.L_Prtrrred C Date of 1 °
L0 ui � ra� �_� Attach this card to the back of the MWIPMM
1 . or on the front at space Permits. D D. s delivery address dHferent from item i 7 ❑Yes
.,. i.Article Addressed io -_ K YES
PecEIVED
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a l 8"t THADDEUS R.BOWLING,JR. - - —
ch m 6 POINCIANA DRIVE cmtrned Men ❑Express Mall
0 m TgADDEUS R BOWLING,JR
KEY LARGO,FL 33037 ❑Registered ❑Return Receipt for Merchandise
O CD 0 6 POINCIANA DRIVE 7 ..n._._.... CE05020367(DL) �4,
❑Vmured Malt ❑C.o.D� 3a aY LARGO, Restricted Delivery?(Erna Fee) ❑Yes
CE05020367(DL) 2,Article Numtw 7003 3110 0004 7405 8777
m - ;Transfer 6om service labeD — --- ---- - -—
PS Form 3811.February 2004 Domestic Rem Receipt 9ersssox rktsao
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Monroe County, Florida
UNSAFE STRUCTURE REFERRAL
TO: Joe Paskalik,Building Official
THROUGH: Ronda Norman,Director of Code Enforcement
FROM: ❑Jack Reed ❑ Tom Kerr ® Diane Link ❑David Williams
DATE: March 2,2005
SUBJ: Unsafe Building Referral
Attached please find photographs/documents regarding Code Enforcement case,for your review.
OWNER OF PROPERTY: Bowling,Thadius
PHYSICAL ADDRESS: 6 Poinciana Dr.,Key Largo,FL
LEGAL DESCRIPTION:
LOT : 6 BLOCK:21 STREET:Poinciana Dr. ZONING: IS
SUBDIVISION: Amd.Plat of Key Largo Park KEY: Key Largo RE# 00527860-000000
COMMENTS: Broken side railing,portion hanging from building and another section fell to the
ground.
I have reviewed the documents/photographs that the structure is:
)(Unsafe, and is in violation of MCC 6-4(a)(c),the standard Unsafe Building Abatement Code as adopted.
❑ Not being maintained in a safe and sanitary condition,and is in violation of MCC 6-4(a)(c),the
standard Unsafe Building Abatement Code as adopted.
oe Paskalik,Building Official
PLAINTIFF'S
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
J.JEFFERSON OVERBY
MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA, CASE NO. CE05020367
Petitioner.
VS.
THADDEUS R.BOWLING,JR,
Respondent(s).
FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER
THIS CAUSE having come before the Code Enforcement Special Magistrate for a public
hearing on June 30u' 2005 ,and the Special Magistrate, having reviewed the evidence, heard
testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the
premises,makes the following findings of fact, conclusions of law and order as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s)is/are the owners of record of property located at 6
POINCIANA DRIVE,KEY LARGO PARK,KEY LARGO ,MONROE COUNTY,
FLORIDA (RE#00527840-000000)
2. That the Respondent(s)was/were duly noticed of this hearing; and
3. That the above-named property is in violation of the Monroe County Code as more
particularly described in Exhibit"A", which is attached hereto and incorporated herein.
Therefore it is
ORDERED AND ADJUDGED that:
A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to
1
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comply with the provisions of said codes by July 21"2005. A compliance/review
hearing will be held on July 28 h 2005.
B. Upon complying, Respondent(s)shall notify the Code Inspector in this case who shall
re-inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the above date will result in the imposition of a fine, $200.00 (TWO
HUNDRED DOLLARS) per day,with regard to the charge of§6-4(a)(c), $50.00
(FIFTY DOLLARS) per day, with regard to the charge of§19-96, and$100 (ONE
HUNDRED DOLLARS)per day,with regard to the charge of§8-17(a), for each day
thereafter that Respondent(s)is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a fine in the amount of$100.00 (ONE
HUNDRED DOLLARS) has been levied for the administrative recovery for
prosecution and investigation.
E. In the event of nonpayment of fines/liens imposed, a certified copy of an order imposing
a fine may be recorded in the public records and shall thereafter constitute a lien against
the land on which the violation or violations exist and upon any other real or personal
property owned by the violator(s).
F. You have the right to appeal this order to the Circuit Court of Monroe County. If you
wish to appeal, you must do so no later than thirty(30) days from the date of this Order.
Failure to timely file a written Notice of Appeal will waive your right to appeal.
DONE ORDERED at the Marathon Government Regional Center, Marathon, Florida,
this day of July, 2005.
J. -eff verby
STATE OF FLORIDA Code Enforcement SpeZIMagistrate
COUNTY OF MONROE
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments,personally appeared J.JEFFERSON OVERBY,personally known to me,
who executed the foregoing and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid th day of
July, 2005.
aA
yjmw
L IMM
ot► Nota Public
• M,
2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to §Section 64(a)(c), Monroe County Code, Unsafe Buildings.
(a)Abatement Required:All unsafe buildings shall be abated using the Standard Unsafe Building
Abatement Code, 1997 edition,promulgated by the Southern Building Code Congress
International,Inc., subject to all amendments,modifications or deletions hereinafter contained.
(c)Amendment: As adopted by Monroe County, section 302.1.1(4), Standard Unsafe Building
Abatement Code, shall read as follows: "A statement advising that any person having legal
interest in the property may be prosecuted before the code enforcement special master, in county
court, or in any other manner provided by law for failure to repair,vacate or demolish the
offending building in the manner set forth in the notice."
COUNT 2. Pursuant to § Section 19-96 , Monroe County Code,Abandoned watercraft. Within
all land use districts except I districts, all watercraft which are inoperative and/or unlicensed for a
period of thirty (30) days and appear to be in a state of decay and/or abandonment, as determined
by the code enforcement administrator, shall be prohibited on any waterway, shore,private or
public property unless contained in a completely enclosed building.
COUNT 3. Pursuant to §Section 8-17—Premises to be cleaned and mowed.
(a)For the purposes of promoting the health, safety and general welfare of the residents of
the county, all lands inside and outside of subdivisions, including vacant lands, and improved
property within the unincorporated area of the county, shall be kept cleared of debris, garbage,
litter, yard trash, refuse, special solid waste, solid waste, trash, industrial waste and/or which tend
to be a breeding place or haven for snakes, rodents, insects, and vermin of all kinds and
character, and/or which tend to create a fire hazard, endanger the lives and property of the
residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or
which render the soil or air impure, unwholesome, or unhealthful
CORRECTIONN:
COUNT 1. Contact the Monroe County Building Department and obtain permits to bring the
structure into compliance or remove as directed.
COUNT 2. Watercraft must be currently licensed and currently operative, or must be removed
or placed into a completely enclosed building.
COUNT 3. Remove all debris, garbage, litter and/or items specified by the Code Enforcement
Inspector. Removal of materials does not authorize the cutting or removal of native or other
vegetation without a permit if required.
3
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys (305)852-7135
Middle Keys (305)289-2556
Lower Keys (305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has rnished to the
Respondent(s)by mail at 6 Poinciana Drive, Key Largo, FL 33037, this ay of July,
2005.
Code E orcement Liaison
Karen V. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to
2798 Overseas Highway, Suite 330, Marathon,FL 33050.
4
i
Doca 1552019 11/18/2005 11:37AM
Filed & Recorded in Official Records of Doca 1552029R 1762
MONROE COUNTY DANNY L. KOLHAGE BkN 2166 P2
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA
Petitioner,
VS. CASE NO. CE05020367
THADDEUS R. BOWLING,JR.
Respondent(s).
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on July
28`h 2005, after due notice to the Respondent(s), at which time the Special Magistrate
heard testimony under oath, received evidence, and issued his Order finding the
Respondent(s) in violation of Monroe County Code Section(s): § 19-96; §6-4(a)(c); §8-
17(a).
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by July 21" 2005, and further, that failure to correct the violation(s) by the compliance
date may result in a fine, per count, per day, being imposed for each day thereafter that
there is noncompliance. At the meeting of the Special Magistrate held on July 281h
2005,Inspector Link testified that the violation(s)had not yet been corrected.
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of$200.00 (TWO HUNDRED DOLLARS), per day with regard to §64(a)(c),
beginning July 22ad 2005, and for each and every day thereafter that the violation(s)
exist(s)and/or continue(s) to exist. A fine in the amount of$50.00(FIFTY DOLLARS),
per day with regard to §19.96, beginning July 22°d 2005, and for each and every day
thereafter that the violation(s) exist(s) and/or continue(s) to exist; and a fine in the
amount of $100.00 (ONE HUNDRED DOLLARS), per day with regard to §8-17(a),
beginning July 22ad 2005, and for each and every day thereafter that the violation(s)
exist(s) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in
the amount of $100.00 (ONE HUNDRED DOLLARS) has been levied for the
administrative recovery for prosecution and investigation.
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WHICH THE VIOLATION(S) EXISTS) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S).
t
Docu 1552019
BkN 2166 P9N V63
THE VIOLATION(S) EXISTS) ON THE FOLLOWING . DESCRIBED
PROPERTY: BK 21, L 4 AMD PLAT OF PB3-62,KEY LARGO, A/K/A 6
POINCIANA DRIVE, KEY LARGO,MONROE COUNTY, FLORIDA
(RE#00527840-000000).
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the
Courts for Monroe County,Florida.
That upon complying, the Respondent(s) shall notify the Code Inspector in this
case,who shall reinspect the property and notify the Special Magistrate of compliance.
DONE AND ORDERED this ay of August, 2005, at the Monroe County
Government Regional Center,Marathon, orida.
wren L awn
•*CW4dWfflDD333W
of IV Ex*m jou .zoos BY
J.J e o erby,Esqui
Code n orce ent Special gistrate
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared J. Jefferson Overby, personally known to me, who executed the foregoing and
ackn wledged before me that he executed the same.
TNESS my hand and official seal in the County and State last aforesaid this
day o August,2005.
Notary Pu is
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnish U.S. Mail, to the Respondent(s) at 6
Poinciana Drive,Key Largo,FL 33037,this,wof August,2005.
Karen L. ss,
Code Enfo cement Liaison
horeby certlly this document to be a
true an rrct cpy odgind.
MONROE COUNTY
OFFICIAL RECORDS
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BOARD OF COUNTY COMMISSIONERS
--f �-- Mayor Heather Carruthers,District 3
Mayor Pro Tem David Rice,District 4
O U N TY So �MONROE Kim Wiigington,District 1
KEY WESTLORIDA 33040 r George Neugent, District 2
(305)294-4641 Sylvia J. Murphy, District 5
Suzanne A.Hutton,County Attorney** * Office of the County Attorney
Robert B.Shillinger,Chief Assistant County Attorney** P 1111 1�ch Street,Suite 408
Pedro J.Mercado,Assistant County Attorney Key West,FL 33040
Susan M.Grimsley,Assistant County Attorney 305 292-3470—Phone
Natileene W.Cassel,Assistant County Attorney (305)292-3516—Fax
Cynthia L.Hall,Assistant County Attorney
Christine Limbert-Barrows,Assistant County Attorney
Derek V.Howard,Assistant County Attorney
Lisa Granger,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
Thaddeus R. Bowling Jr.
6 Poinciana Drive
Key Largo FL 33037-2573
Subject: Code Enforcement Case: CE05020367
Dear Mr. Bowling,
The purpose of this letter is to inform you that Monroe County, Florida has imposed lien(s) against your property
as a result of the above referenced code enforcement action. Additionally our records indicate that the violation(s)
remain. Please take note that the fines will continue to run in the amount of $350.00 per day until the property
comes into compliance.
The current amount of the Code Enforcement Lien is $803,600.00. This lien was recorded in the Official
Records of Monroe County on November 18, 2005 at Document 1552019, Book 2166, Page(s) 1762-1763. This
lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real
and/or personal property you own.
You can resolve this matter by bringing the property into compliance and remitting payment in full to:
Monroe County Code Enforcement Dept.
2798 Overseas Highway, Suite 330
(Attention: Nicole Petrick)
Marathon, Florida 33050
Within 30 days of the date of compliance and clearance of the payment in full, the County will provide a release
and satisfaction of said lien to you. It is then your responsibility to record the release and satisfaction in the Monroe
County Clerk of Courts.
If the property does not gain compliance and the County does not receive payment in full within fourteen (14)
days of the date of this letter, a collection foreclosure action will begin against you.
Very truly yours,
LISA GRANGER, ESQ E
ASSISTANT COUNTY ATTORNEY
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. ) Case No. CE05020367
THADDEUS R BOWLING JR., )
Respondent. )
ORDER AUTHORIZING FORECLOSURE
A Order Imposing Penalty was entered in this matter and was thereafter recorded as a lien.
The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is
hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure
and/or money judgment proceedings to recover the amount of the lien plus accrued interest.
DONE AND ORDERED this of 0® , at the Marathon
Government Center,Marathon, Florida.
ohn G. an Laningh
Sp . Magistrate
CERTIFICATE OF ORDER
I,herd r,; ify that th' s a true and correct copy of the above Order.
Nicole M. Petrick, Liaison
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s)
via hand delivery / first clas U.S. mail to Respondent(s) address of record w/ the Monroe
County Property Appraiser's Office as referenced above and/or Authorized Representative
It on this day of ; 201
Y t r
Nicole M. Petrick, Liaison ""
Windsor-Kathleen
From: Thad Bowling <cme468@gmail.com>
Sent: Monday,July 09, 2012 4.45 PM
To: Windsor-Kathleen
Subject: Re:6 Poinciana dr CE05020367
Yes, of course you are correct. I had forgotten those details. Thank you for the clarification.
Thad
On Jul 9, 2012, at 10:58 AM, Windsor-Kathleen<Windsor-Kathleen@lgonroecounty-fl.goy>wrote:
Yes, Originally I was placing an item on the Agenda of the BOCC to ask for foreclosure process to
begin. At this time I have considered that step no longer necessary.
However, If you remember, your fines are so high that the limit of the Assistant County Attorney of
reducing to 25% is still going to be too high for you. So you (we) are going to have to ask for further
reduction(s). That's why you need to write a letter of explanation starting with the original notice you
received on 3-24-2005.
1 hope this helps.
Kathleen Windsor
Code Compliance
2798 Overseas Highway
Marathon FL 33050
Phone: 305-289-2586
Fax: 305-289-2536
windsor-kath leen(aamon roecounty-fl.aov
Please note; Florida has a very broadpublic records law. Most written communications o or from
the Countyregarding County business are public record, available to the public and mediaon
,.e ues . Your e-mail communication may be subject to public disclosure.
From: Thad Bowling [mailto:cme468@gmail.com]
Sent: Friday, July 06, 2012 8:40 PM
To: Windsor-Kathleen
Cc: Link-Diane; Granger-Lisa
Subject: Re: FW: 6 Poinciana dr CE05020367
Thank you very much for the heads up. I will do everything within my power to get the work
done as soon as possible. I would like to say that I will be in compliance by that date,but ever
since the railing work was brought to my attention, nothing that I have tried to get done has been
anywhere close to what I would refer to as "speedy"... Every little thing is like pulling teeth. I
will continue my efforts, though, and I will keep you and Diane appraised of my status along the
way.
I do have one question,though. In an earlier email between the two of us, I believe you had said
something about the fact that since I was actively working to get my case into compliance,the
1
need for adding my situation to the agenda of the BOCC might not be necessary. Could you help
me understand all that a little better?I would appreciate it.
Thanks again, and I hope you have a good weekend.
Thad
On Fri, Jul 6, 2012 at 10:48 AM, Windsor-Kathleen<Windsor-Kathleen@monroecounty-fl.gov>
wrote:
Thad,
I just wanted you to know that if you achieve compliance prior to August 21, 2012 we could quite possibly
get your case on the agenda for the Board of County Commissioners meeting September 19, 2012 to
entertain a reduction in your fines. And we would need your letter of explanation (why it took so long for
you to achieve compliance) by August 28, 2012.
Just FYI.
Thank you
Kathleen Windsor
Code Compliance
2798 Overseas Highway
Marathon FL 33050
Phone: 305-289-2586
Fax: 305-289-2536
windsor-kathleen(�mon roecou nty-fl.gov
Please note: Florida has a very broad public records law. Most written communications to or from
the County regarding Co business are public record, available to the public and media upon
request. Your e-mail communication may be subject to public disclosure.
From:Thad Bowling [mailto:cme468@gmail.com]
Sent: Thursday,July 05, 2012 9:56 AM
To: Link-Diane
Cc: Windsor-Kathleen
Subject: Re: FW: 6 Poinciana dr
2
Whew! That's a relief! I needed some good news this morning. Thank you for letting me know.
And yes, I am continuing my efforts toward getting the required permit and ultimately resolving
the concerns with the railings. I will keep you up-to-date on what's happening with that.
Thank you again, and have a great day!
Thad
On Mon, Jul 2, 2012 at 8:42 AM, Link-Diane<Link-Diane@monroecounty-fl.gov>wrote:
From: Link-Diane
Sent: Monday, July 02, 2012 8:38 AM
To: 'cme468@gmail.com'
Cc: Windsor-Kathleen
Subject: 6 Poinciana dr
Good Morning Mr. Bowling,
After discussion of your case with regards to the structure located on the roof,we have decided
to not pursue it at this time. Please continue toward the compliance of the case with the permit
for the railing system, as discussed. Also,please keep me informed progress.
Thank you.
3
Permit Information- Permit 12303531 Page 1 of 4
April 8, 2013-3:30 PM My Account I Disclaimer I Privacy Policy
al ys. {
Monroe County eGovPLUS
I Want To ... _._................. .Co tact __fie._ .__—LDS.
PERMIT INFORMATION
PLEASE NOTE : FEES LISTED ARE ESTIMATES
ONLY . BEFORE WRITING ANY CHECKS ,
PLEASE CALL THE BUILDING DEPARTMENT
TO CONFIRM .
Permit Number 112303531 RE 100527840000000
Permit Type 177 Balance Due $0.00
Property Address 6 POINCIANA DR Status Eclosed
Permit I Plan Reviews I Inspections I Fees I Contractors All
ALL
PERMIT
PERMIT INFORMATION
Application Date 08-06-2012 Operator Isebbenc
Issued Date 09-11-2012 1 Operator Isebbenc
Master Number �— Project Number
C.O. Number Operator
C.O. Issued
C-404 Type �— Usage Class RES
Applied Value 16000 Units 10
Calculated Value 10 Contractor ID OWNER
PROPERTY ON PERMIT
RE 00527840000000
Unit
Address 6 POINCIANA DR
City/State/Zip KEY LARGO,FL 33037
OWNER ON PERMIT
Name BOWLING THADDEUS R JR
Address 6 POINCIANA DR
City/State/Zip KEY LARGO,FL 33037
Type Private
APPLICANT
No Applicant Information on file for this permit
htto://ei-ov.monroecountv-fl.izov/eGovPlus/Dermit/Dermit all.ashx?hermit no=12303531&h... 4/8/2013
Permit Information-Permit 12303531 Page 2 of 4
MISCELLANEOUS INFORMATION / NOTES
6 POINCIANA DR-KEY LARGO PARK
REMODEL/REPAIR EXTERIOR
NOTICE OF COMMENCEMENT REQUIRED
NfNNNNRNifNNNNfNffNNNNfNNNffNf
PERMIT APPROVAL TO REPLACE EXISTING EXTERIOR
SPIRAL STAIRCASE TO ROOF AND TO REPLACE 22 LINEAR
FEET OF HAND RAILS AS PER APPROVED PLANS. _
WORK NOT TO EXCEED EXISTING FOOTPRINT.
NO ELECTRICAL, PLUMBING OR MECHANICAL WORK THIS
PERMIT.
PLANNING APPROVAL FOR INSTALLATION OF HAND RAILS
ON THE SECOND FLOOR AND ROOF WITH SPIRAL STAIRS
ACCORDING TO APPROVED PLANS.
OVERALL HEIGHT INCLUDING HAND RAILS MAY NOT EXCEED
35 FEET FROM GRADE.
WORK IN THE RIGHT OF WAY REQUIRES COORDINATION
..
WITH THE MONROE COUNTY PUBLIC WORKS EL ENGINEERING
DIVISION.WORK PERFORMED WITHIN THE RIGHT OF WAY
MAY REQUIRE A SEPARATE PERMIT OR APPROVAL IN
ADDITION TO A PERMIT ISSUED BY THE MONROE COUNTY
BUILDING DEPARTMENT AND/OR THE UTILITIES. IT IS
THE RESPONSIBILITY OF THE OWNER TO OBTAIN ALL
REQUIRED PERMITS BEFORE STARTING WORK.FAILURE TO
OBTAIN A RIGHT OF WAY PERMIT WHEN REQUIRED MAY
RESULT IN WORK STOPPAGES OR PENALTIES.
CONTACTS FOR RIGHT OF WAY PERMITS ARE:
UPPER KEYS AT THE PLANTATION KEY PUBLIC WORKS
BUILDING;88770 OVERSEAS HIGHWAY;TAVERNIER FL
33070;CONTACT(S):MARCIA BASSETT OR JOHN GLISTA;
PH 305/852-7161
LOWER KEYS AT THE GATO BUILDING-ENGINEERING
OFFICE; 1100 SIMONTON STREET; KEY WEST, FL 33040;
CONTACT(S):TINA LOSACCO OR CLARK BRIGGS; PH
305/292-4426 _
ALL DEBRIS TO BE REMOVED TO A LEGAL DUMPSITE.
INSPECTIONS REQUIRED PER PERMIT CARD.
NO PLAN DEVIATION ALLOWED WITHOUT A REVISED
PERMIT.
NO OTHER WORK THIS PERMIT.
DEEMED NON-DEVELOPMENT. DEO EXEMPT.
PLAN REVIEWS
Details
Revision Stop Number Status Status Date Reviewer Notes
BIOLOGIST 1 N 08-16-2012 DASILVAD 2
CODE COMPLIANCE KEY LARGO 1 P 08-10-2012 LINKD 4
ELECTRICAL _ ' _ 0
httn://egov.monroecounty-fl.aov/eGovPlus/nermit/Dermit all.asnx?vermit no=12303531&D... 4/8/2013
Permit Information-Permit 12303531 Page 3 of 4
BUILDING STRUCTURAL/ROOF 1 P 08-23-2012 ARSENAUC 0
FINAL REVIEW 2 A 08-23-2012 SEBBENC 0
FINAL REVIEW 1 L 08-23-2012 MCGILVRL 0
FLOOD PLAIN MANAGEMENT 1 N 08-23-2012 CORCORAB 0
MECHANICAL 1- 0
BUILDING OFFICIAL 1 A 09-06-2012 WILLIAMA 1
PLANNING 1 A 08-13-2012 BAUMANB 9
PLUMBING _ 1 0
PERMIT READY TO ISSUE 1 L WILLIAMA 2
UPPER KEYS BUILDING DEPT 1 L 08-06-2012 SEBBENC 0
FEES
FEE ID UNITS QUANTITY FEE AMOUNT PAID TO DATE
B-B REMO FLAT RATE 1.00 50.00 50.00
B-0 EDUC FLAT RATE 1.00 2.00 2.00
B-4A STRU DOLLARS 6000.00 180.00 180.00
CONT-INVES FLAT RATE 1.00 11.00 11.00
DBPR UNITS 232.00 3.13 3.13
DBPR RE ED UNITS 232.00 0.35 0.35
DCA UNITS 232.00 3.13 3.13
DCA RE ED UNITS 232.00 0.35 0.35
LDR 1 P ACC FLAT RATE 1.00 60.00 60.00
T-1 FLAT RATE 1.00 _ 3.00 _ 3.00
TOTAL FEES: $312.96
TOTAL PAID TO DATE: $312.96
PENDING PAYMENT: $0.00
BALANCE: $0.00
CONTRACTORS
GENERAL CONTRACTOR
Owner/Contractor BOWLING THADDEUS R JR
Address 6 POINCIANA DR
City/State/Zip KEY LARGO, FL 33037
SUBCONTRACTORS / PROFESSIONALS
CATEGORY ID COMPANY/DBA OWNER/QUALIFIER
GC 08374 ISLAND ALUMINUM/THE KEYS INC MANFRE,MICHAEL
INSPECTIONS
TYPE NUM INSPECTOR SCHED INSP INSP RES CONFIRM NOTES
DATE DATE TIME
FINAL BUILDING 2 SA 03-27- 03-27 P 20105968 0
2013 2013
FINAL BUILDING 1 SA 03-13- 03-13- R 20105052 0
2013 2013
RAILINGS 1 SS 03-11- 03-11 P 20104755 0
2013 2013
NOTICE OF 1 ADW P 20095891 0
COMMENCEMENT 10-24- 10-24-
httn-//eanv.monroecounty-fl.Gov/eGovPlus/nermit/nermit all.ashx?hermit no=12303531&h... 4/8/2013
Permit Information-Permit 12303531 Page 4 of 4
RCRD 2012 2012
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®2007-THE PLUS SERIES®-All Rights Reserved
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#CE05020367
PHOTOCOMPLIANCE
• • Poinciana
LargoKey Park
County of Monroe
Growth Management Division
Code Compliance Department Board of County Commissioners
2798 Overseas Highway ` ' �' Mayor George Neugent,Dist.2
Marathon,Florida 33050 { Mayor Pro Tern Heather Carruthers,Dist.3
Voice:(305)289-2810 Danny L.Kolhage,Dist. 1
FAX:(305)289-2536 David Rice,Dist.4
Sylvia J.Murphy,Dist.5
THADDEUS R JR BOWLING
6 POINCIANA DR
KEY LARGO,FL 33037-2573
April 10,2013
Subject: Code Cases: CE05020367
Hello Mr.Bowling,
Inspector Link has confirmed that all charges in this case are now in compliance and to follow are the amounts
that have accrued on each charge.
1. On the charge of MCC 19-96 (Abandoned Vessel stored on the property) a daily fine of$50.00 per day
ran for 1489 days for a total of$74,450.00.
(From July 22,2005—August 19,2009)
2. On the charge of MCC 8-17(a)(Trash and Debris)a daily fine of$100.00 per day ran for 2365 days for a
total of$236,500.00.
(From July 22,2005—January 12,2012)
3. On the charge of 6-4(a)(c) (Deemed unsafe by the building official due to lack of railings on elevated
balconies, etc.)a daily fine of$200.00 per day ran for 2805 days for a total of$561,000.00.
(From July 22,2005—March 27,2013).
The total amount of accrued fines in this case is$871,950.00. The total amount of costs to date is$1,117.40.
Therefore the total amount of the lien in favor of the Board of County Commissioners that was filed in the
Official Records of the Monroe County Clerk's Office on November 18, 2005 is$873,067.40.
I would like to reiterate our conversations regarding the mitigation of fines. Now that you have achieved
compliance you may submit a letter to our Assistant County Attorney for Code, Lisa Granger, explaining the
details of your case and sharing any extenuating circumstances you would like her to consider for the reduction of
fines. The costs are non-negotiable as they mandated by Florida Statues 162.
Please keep in mind that at this time the limit of Ms., Grangers authority to reduce the fines would be
$217,987.50. Therefore, in an abundance of caution, we are preparing to have your settlement request heard by
the Board of County Commissioners on May 15,2013 at the Nelson Government Center.
Please do not hesitate to contact me if you have any questions regarding this process.
Thank you.
Kathleen Windsor,CFM
Sr. Code Compliance Research Analyst
April 26, 2013
re., Code Enforcement Case Number: CE05020367
To the Board of County Commissioners,Monroe County,Florida-,
First of all, I would like to thank each of you for your time and attention related to the Code
Enforcement situation regarding my property, located at 6 Poinciana Drive, Key Largo, Florida (Case
number: CE05020367). I hope that this letter will give you all a better understanding about the historti
of this situation from my perspective.
I apologize for not being here in person today. I had made plans many months ago to be out of the state
for the entire month of May and into the beginning of June. Code Enforcement has intormed me that
my attendance for this meeting is not mandatory, so please allow this letter, instead, to be used as m}
voice for the purposes of this meeting.
From my conversation with Kathleen Windsor in early 2012,I understand that this all actually began in
2005 and that I received a notification from Code Enforcement way back then. "Io be totally honest
with you, though, I have no recollection of that ever happening. The first time that I can recall being
aware that there was a problem of any kind was in mid-to-late 2009, when I was contacted by Lisa
Granger (via voice mail) and by Allen White, who paid my house a visit and left one of his business
cards... both of which happened while I was out of town for an extended duration. Allen White later
followed up on that visit with a phone call, after my return to Key Largo, and it was during that
conversation that I first understood there was a problem. I subsequently contacted Lisa Granger and
found that she had been calling in regard to the same matter. She told me that I should continue
working through Allen White.
Before I go any further, I need to make a full disclosure to you... During the early-and-mid-2009s,
following the deaths of my father and mother, I had an alcohol abuse problem. I was in total denial
about the significance of that abuse until a DUI charge in January of 2007 forced me to admit that I
did,in fact,have a serious problem.That DUI forced me to finally come to grips with reality. It was an
expensive lesson,both financially and psychologically, but it was one that likely saved my life --- and
very possibly others as well so I am now thankful that it happened. 1 have subsequently come to
grips with my problem and am now a better man for having done so.
l mention this not in an attempt to try to get you to feel sorry for me; I am wholly undeserving of that.
It was a problem that I brought upon myself. Instead, 1 am bringing it up simply to show that it is
entirely possible that I *was* contacted about the Code Enforcement violations and fines in 2005,but I
have no recollection of it ever happening.It makes me wonder what else happened during those years
that I don't remember either. It's a pretty scary thought,believe me,
Anyway,when I spoke with Alien White on the phone in June or July of 2009,he informed me that my
property needed to be cleaned up(yard and trash)and that he was willing to work with me to get things
moving in the right direction. He was determined, but understanding, and said, "We need to sec
progress." We subsequently discussed the logistics of the clean-up work, and he was nice enough to
even make some suggestions regarding local businesses that might be able to help me get the work
accomplished.
We agreed that I would stay in contact with him to keep him updated on my progress. No mention was
made about any ongoing penalties related to code violations, much less anything about the violations
having begun in 2005. Additionally, from Mr. White's remark about needing to "see progress." I felt
that as long as he approved and was satisfied with my progress, no further escalation of the situation
would occur.
1 appreciated the way that Mr. White was very helpful with making suggestions about how I should
proceed, and it seemed to me that he understood that I could only afford to spend so much money on
clean-up efforts. I was in weekly contact with him during late 2009,and after the initial phase of clean-
up had been completed (which was the area immediately surrounding the house itself), I told him that
it was going to take me a little while before I could afford to proceed with the next phase. 1 informed
him that Phase II would either be a complete clean-up of the remainder of the property (expensive) or
to have a local landscaping company apply a herbicide along the fence lines in order to stop the
overgrowth to neighboring properties (far less expensive). Upon hearing the details, he told me.
regarding the second option,that he was"not sure that would be sufficient."
At some point, in late 2009 or early 2010, my weekly status updates were simply messages on Mr.
White's voice mail, and occasionally he would call me back with questions and/or suggestions.After a
few weeks of no significant change in status, and insufficient funds to proceed with Phase II at that
point, I asked him several weeks in a row(again, on voice mail) if I should continue with the weekly
status calls unless there was a change of status of some significance. Receiving no response to these.
messages,I assumed that he would let me know if it was a problem, but no return call ever came.
Subsequently, I was unable to afford Phase It in 2010 or early 2011 due to extensive costs incurred for
emergency oral surgery and other dental work. (I ended up spending approximately $25,000, in total,
for implant work, root canals, crowns and fillings. Details for these expenditures are available, if
needed,from Dr.Paul Berger,Dr.Thomas Walsh and Dr. Kenneth Grossman.)
Later in 2011, after having recovered a bit from the devastating expenses of those dental bills, I found
myself in a position to afford the remainder of the property clean-up,and in December,2011,that work
had been completed. I attempted to contact Allen White once again, to make him aware of the updated
status, but was unsuccessful. (I subsequently found that he was no longer working in this Keys.)
Instead, I successfully contacted Rhonda Norman in early January of 2012 and let her know that the
property had been cleared. She thanked me for the update, said that there would be a follow-up
inspection of the property and thanked me for the compliments that I had made regarding m
interactions with Allen White.
Soon thereafter, I received a notice that foreclosure proceedings were to begin on my property.
Needless to say,l was stunned.
When I ended up speaking with Kathleen Windsor about what was going on, she said that there was a
non-compliant condition that remained, and that it was the 2nd floor balcony railing that required
repair or replacement. She informed me that the$350/day fines had been accumulating since 2005 and
that the fines had grown to over $800,000 and would continue to accumulate until all of the non-
compliant issues were resolved.
I finally identified a company that would help me with the railing repair, Island Aluminum, and by
April, 2012, the 2nd floor balcony railing had been replaced. At that point. Diane Link inspected the
property again and said that the railing work that had been completed on the 2nd floor balcony was not
acceptable since no permit had been put into place prior to the work being done. I told her that I had
hired a local contractor to replace the handrail and that as a company who does that kind of work all
the time, I simply assumed that they were aware of the requirements for jobs such as these. She stated
that a permit had not been used and that one would be required. She also told me that the railings on
the roof of my home would also need to be repaired or replaced as well, adding to the original scope of
work covered under the original violation.
So anyway. to make this long story just a little bit shorter, I then dove into the process of establishing
the new scope of work, learning about the permit process, getting stamped engineering drawings,
pulling a permit, finding the money to pay for the expanded scope of work (which ended up also
requiring the replacement of my spiral staircase to the roof) and getting Island Aluminum to fabricate
and install everything.
That is how I finally attained full compliance with Code Enforcement as of April,2013.
In total. to date, I have spent approximately $13,000 in order to accomplish it. New handrails are
installed on both the second floor balcony and on the roof, and a new spiral staircmc is in place. In
addition,I have hired Tim Matthews Tree& Landscape,Inc.,to perform monthly yard maintenance to
ensure that previous problems with the vegetation on the property do not recur.
In closing, it is clear that I am not capable of paying the amount that I am said to presently owe. The
value of the house and property is dwarfed by that amount. I love living in the Keys, but I simply
cannot afford to pay such an amount.
I request that the Board take all of this into consideration and allow me to remain a Monroe County
resident. I ask that you allow me to use my limited finances towards improving the appearance of m)
property (landscaping, home repairs, fence repairs, etc.) and make it -- and me -- a more valued
member of the community in general and of Key Largo Park specifically. I would also ask that the
Board take into account that I have been a good neighbor in Key Largo Park for almost a quarter of a
century,with no complaints from neighbors for loud parties or anything of that kind.My property taxes
have always been paid,and on time.
It is my understanding that the primary purpose of this letter is to allow me to request a hearing, with
me in attendance, to discuss with you how this case will proceed. It is my fervent hope that you will
see your way clear to do so, and I would ask that you allow me to meet with you and answer any
questions that you may have. Given my out-of-state travel in May and early June, I also request that
my appearance before you be scheduled for July,2013,if at all possible.
Thank you for your attention,and I appreciate your consideration in this matter.
Thad Bowlig,Jr
April 26, 2011
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 fording
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 possible.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,that:
Section 1. It is hereby declared to be the policy of the County that the County will accept a
minimum of tweup5five percent(Z 5%)of accrued fines and costs in settlement of Code Enforcement
cases after said fines and costs have been imposed by the special master.The County will not settle any
fines or costs prior to compliance.
Section 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 Enforcement cases after said fines and
1
costs have been unposed 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 DjGzpnar9,.District 4 Yes
Commissioner Dixie Spchar,District 1 Yes
/ Cptj�Commissioner George Neugent,District 2 Yes
sionerCharles "Sonny" McCoy, Dist.3 Yes
a ioner Sylvia Murphy,District 5 Yea
1
A GE,Clerk BOARD OF COUNTY
,y COMMISSIONERS OF
V. _ MONK E COUNTY, A
Deputy t
BY.
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
A ROV D�W TO R
"* YN
��� , ASSIS ANT COUNTY ATTORNEY
Date_
CL -
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