Item H1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Growth Manaaement
Department: Code Compliance
Bulk Item: Yes No X Staff Contact: Lisa Granger & Kathleen Windsor
289-2810
AGENDA ITEM WORDING: Discussion and direction on request by the property owner, Maria
Christina Ruiz for a reduction in the outstanding code fines imposed in code case CE 11040080.
ITEM BACKGROUND: On June 30, 2011, the Code Compliance Special Magistrate approved an
executed Stipulation Agreement wherein the property owner admitted to the violations of MCC 110-
140(1), (installation of a tiki but and alteration of the concrete fence by the installation of gate without
required permits, approvals and inspections); MCC 130-186, (tiki but constructed in setbacks) and MCC
6-27(b)(2)h, (creating an "unsafe condition" by installing the tiki but and installing the gate without the
necessary permits, approvals and inspections).
In the Stipulation, the property owner agreed to pay fines in the amount of$450.00 per day (total
,amount for the 3 counts), if compliance was not achieved by the agreed upon compliance date (September
14, 2011). The property owner was given 2 extensions of the compliance date with the final date being
January 11, 2012. However compliance was not achieved by the final compliance date of January 11,
2012. The Final Order was recorded as a lien in the Monroe County Clerk's Office on March 5, 2012.
Compliance was achieved on September 24, 2013, therefore daily fines of$450.00 accrued for
(621 days; from January 11, 2012 to September 24, 2013) and total $279,450,00.
Pursuant to Resolution 148-2008, an offer reducing the amount of fines to $69,862.50 and costs of
$317.19 was extended. The property owner through her attorney rejected the offer and seeks further
reduction.
Code Compliance Staff proposes a reduction in the fine to $15,525.00 as full settlement of the
fines plus $317.19 for costs provided the total amount $15,842.19 is paid in full within 30 days based
upon the following factors: the gravity of the violation and the lack of previous violations by the property
owner. The proposed reduction is below the limit of authority given under Resolution 148-2008. A letter
from Ms. Ruizs attorney is enclosed.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of a reduction of fines to the amount of$15,525.00 but not
a reduction of costs. Costs should be paid in full in the amount of $317.19. If the total amount of the
reduced fines plus total costs ($15,842.19) is not paid within 30 days the amount should revert back to the
original amount of fines and costs ($279,767.10).
TOTAL COST- INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes AMOUNT $
APPROVED BY: County Atty OMB/Purchasing Risk Management
C DOCUMENTATION: Includ& Not Required
DISPOSITION- AGENDA ITEM#
STONES & CARDENAS
ATTORNEYS AT LAW
221 SIMONTON STREET,KEY'WEST,FL 33040
TELEPHONE(305)294-0252 FAx(305)292-5442
WWW.STONESCARDENAS.COM
AIDELE VIRGINIA STONES, P.A. SUSAN M. CARDENAS, P.A.
December 10,2013
Ms. Lisa Granger,Esq.
Monroe County Attorney's Office
I I I I 12'h Street, Suite 408
Key West, FL 33040
Re- I W. Cypress Avenue, Key Weat,Figrigg CE 11-040080
Dear Ms. Granger:
Please accept this letter as a request for mitigation of the fines and lien imposed in connection
with my client's property where a tiki but was constructed in the required side and year yard
setbacks, and a fence opening made without proper permits or inspection.
Although Mrs. Ruiz promptly responded to the Notice of V iolation in June,2011 and entered
into a Stipulation and Compliance Agreement prior to her hearing date directly with Monroe
County,she failed to bring the property into compliance by the original compliance date of
October, 2011. Mrs. Ruiz had contacted Monroe County Planning&Zoning(Rey Ortiz)in June
of 2011, and she received an extension to complete the actions necessary to bring the tiki into
compliance (by setback variance and after-the-fact permits). Unfortunately, after making an
initial submittal to the County Planning Office and a subsequent telephone conference with Mr.
Ortiz, Mrs. Ruiz mistakenly believed that nothing further was required from her.
When the extension compliance date came on January 11,2012 with nothing changed on the
property and no communication from Mrs. Ruiz to Code Enforcement to request a further
extension or compliance inspection,the fines began to run and continued to accrue until the open
code case and lien was discovered during a loan application processing this past September
(2013).
Mrs.Ruiz advised me that she was unaware that the violations were considered as continuing
with fines running at$450.00 per day from June 2011 through the date that all violations were
brought into compliance. Based upon her recollection of the communication she had with the
County Planning Office,she believed that the situation had been satisfactorily addressed.
Ms. Lisa Granger, Esq.
Monroe County Attorney's Office
December 10, 2013
Page 2
In early September 2013 when the open case and the hundreds of thousand dollars in liens were
discovered, Mrs. Ruiz sought counsel and moved rapidly to address the situation. As a show of
her good faith and desire to address her violations, she had the 12'x 12' tiki but immediately
removed from her property and shortly thereafter completed/obtained the permits and inspection
required for her fence opening. She is truly regretful that her lack of understanding of the
compliance process and requirements for resolution of her violations became clear only after the
hue lien has accrued and was discovered while making a,' s on.
g g
To date the fines total $279,450.00 with administrative cosgf84.29 he request for
mitigation is made on the basis that the property owner °nolr"' fb �fail to address the
code violations which accrued fines for twenty-five(25) months, during which time Mrs. Ruiz
truly believed nothing further was required by her. The violations were not of the nature that any
actual threat to public health or safety was involved,nor was this a situation where the property
owner continually denied the violations or intentionally delayed the compliance measures
required. It would be inconceivable to believe that the property owner knowingly ignored the
open code case while fines accrued at a daily rate of$450.00.
Based upon the foregoing it is respectfully requested that the fines be mitigated to the maximum
allowance possible.
Thank you for your kind assistance throughout this process.
Sincerely,
A ele V. Stones
AVS/cros
c: K. Windsor
client
County of Monroe �.
Code Compliance Department
2798 (Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: RUIZ MA.R.IA CHRISTINA Case Number: CE11040080
I WEST CYPRESS TERR
KEY WEST,FL 33040
Location: 1 W CYPRESS TERRACE ,KEY WEST, FL 33040
Re Number: 00138980000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 05/02/2011
and subsequently found the following violations
1110-140.(1) -BUILDING PERMIT REQ/CH 6 .
�
TIKI HUT BUILT WITHOUT BENEFIT 'A:"PERMIT
.. A
ENIN
ON OF THE
,.
CONCRETE FENCE. CREATING AN O C OF SOME SORB
. .�
Corrective Action Required:
Contact the Monroe County Building and P ing Departn3cht and obtain an after the fact,
permit or demolition permit.
NOTE: All permit fees and permit requirements are bm d onlhe specific scope of work.
Additional permits,permit fees, mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The Fact permit is '$S500.00 (five
hundred dollars) as per Monroe County Code.All permits will require PASSING FINAL
INSPECTION(S).
... .w. "
130-18 TIKI HATS BEEN BUILT IN THE SIDEYARD .AND REARYARD SET BACKS.
Corrective Action Required:
Contact the Monroe County Planning Department and obtain a variance (if applicable) or
remove as directed.
6-27. b 2 h UNSAFE
( )( ) P ;KNITS INSPECTIONS C.o . .. ��� •�... ��� I� ������ �� � � � � �
TIKI UT ' a CE OPENNING HAS BEEN DEEMED UNSAFE BY THE BUILDING
OFFICAL DUE TO THE LACK OF PERMIT AND INSPECTIONS.
Corrective Action Required:
Contact the Monroe County Building Department to: obtain an After The Fact permit and/or
renew an existing permit, complete required inspections, obtain a Certificate of Occupancy
and/or Certificate of Completion.No extra time to comply will be given as this violation poses
a serious threat to public health safety and welfare.
1
31
V5, PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 06/30/2011 at 9:00 AM at the Monroe County Government
Regional Center,2798 Overseas Hwy.,Marathon,Florida.
( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A and
you have contacted your inspector. If a violation is corrected and then recurs, or if 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.
(vj 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 may impose
additional fines to cover all costs incurred by the County in enforcing its codes,. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with this
office 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. A request for continuance DOES NOT GUARANTEE a postponement
of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request:
2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax: (305) 289-
2858.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed'below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
2
M
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do
not need to attend the hearing(s). Please contact your inspector at the appropriate location:
DOWLING IfANCY 61
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305)292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305)453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified
Mail,Return Receipt Request No.: 7008 1830 0000 9286 1658 on 05/26/11.
Coe
o Compliance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 it.
BEFORE of COUNTY CODE ENFORCEMENT SPECIAL MAu.JRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, ) g
Petitioner, ) Case No.CE v t
VS. )
Subject Property Real Estate Number:
)
)
)
Dac# 1872854 03/05/2012 4;10
FECONYedYf Records of
Respondent(s). MONRO UTDANNL, KOLH
Dac# 1872854
FINAL ORDER Bk# 2558 Pg# 718
Having fully considered the evidence presented at hearing,including testimony of the Code Enforcement Inspector(s)and/or witnesses under oath,the
following Findings of Fact and Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative SIGNED A STIPULATION AGREEMENT WITH MORNOE COUNTY
were not present and did not contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein 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 filed in this case and pursuant to Section
162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative
recovery of the costs of prosecuting and investigating this matter.Costs will continue to accrue until compliance is achieved and case is
closed. Furt r re, the Respondent(s)shall comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before
_. ("THE COMPLIANCE DATE"),
In the event the violation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE
SET FORTH HEREIN,fine(s)in the amount of:
$ /. X lei.
(PER AGREEMENT)
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED.
( )a one time fine of$ is ORDERED,and the condition causing the violation(s)is found to present a
threat to the public health,safety and welfare. It is further ordered,that the County is hereby authorized to make all reasonable repairs which are
required to bring the property into compliance and charge the respondent(s)with cost of repairs including administrative recovery of the costs of
prosecuting and investigating this matter.
IT IS THE RESPONDENT(S)RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT
BY CALLING CODE ENFORCEMENT AT (305)453-8806 FOR THE UPPER KEYS;(305)289-2810 FOR THE MIDDLE KEYS:(305)292-4495
FOR THE LOWER KEYS.
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
Enforcement and mail to: Monroe County Code Enforcement,Attn: Office of the Liaison,2798 Overseas Hwy., Suite 330, Matathon, FL
33050.
( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this
case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondent(s)shall pay the total
amount of cost and/or fines ($ )to Monroe County Code Enforcement within thirty(30)days of this
Order.
(�)STIPULATION AGREEMENT IS ATTACHED HERETO AND iNCORPORA T ED HEREIN.
DATED this g day of 20
agh S cial Magistr
Page 1 of 2
FINAL ORDER PAGE 2
CASE NUMBER: CE11040080
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
RUIZ MARIA CHRISTINA
1 WEST CYPRESS TERR
KEY WEST, FL 33040
Location of Subject Property: DOO IMB54# 1,9
1 W CYPRESS TERRACE So 255E Pg
KEY WEST, FL 33040
RE NUMBER: 00138980000000
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
u
o
Nicole M. Petrick, Liaison
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s)
via hand delivery / first class U.S. mail to Respondent(s) address of record with the Monroe
County Property Apprai, er's Office as referenced above and/or Authorized Representative
on this day of ,20
10
Nicole M. Petrick, iais "
PAGE 2 of 2
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Monroe County Code Enforcement
Petitioner
vs. Case Number CEI 1040080
Maria Christina Ruiz Doc# 1812854
Respondent(s) Bk# 2558 pg# IN
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME
OFFENSES
In the matter of:
Re#00138980-000000
Maria Christina Ruiz. (hereinafter referred to jointly and severally as "Respondent(s)")
and Monroe County Code Enforcement ("Petitioner'), by and through the undersigned
individuals, hereby agree and stipulate to the following:
1. Respondent(s) agrees that I/we received the Notice of Hearing
issued in this case, and that a hearing is scheduled to be heard on June 30.,2011 to
determine whether the charges alleged in the Notice of Violation and Notice of Hearing
are accurate and supported by substantial evidence ("Hearing").
2. Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter. Respondent(s) understands that
he/she could appear at the Hearing and contest any evidence to be submitted by Code
CADocuments and SettingsWowling-nancyNy DocurnentsWASTER Stipulation for First Time Offendef.doc
Enforcement. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
(a) He/she need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respoindent(s); and
(b) Any evidence in the Code Enforcement file will be deemed the record
in the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
Statutes.
3. The Respondent(s) understand that the property will be checked
for compliance on September 14 2011.
4. The parties understand that a fine of 1450.00 per day that shall
accrue it if the property is not brought into compliance within the time specified in
paragraph 3.
5. The Respondent(s) understands that if the Respondent(s) fails to
comply ithin the time given in paragraph 3, the fine(s) shall accrue each day the
violation(s) remain as follows.
110-140.(1) 100.00 per day
6-27.(b)(2)h 250.00 per day
130-186. 100.00 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting
the case within 30 days of compliance and that such costs shall be imposed as a lien
under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b).
Doc# 1872854
Bk# 2558 Pg# 721
CADocurnents and Settings\dowling-nancy\My Documents\MASTER Stipulation for First Time Offender.doc 2
7. Respondent(s) specifically agree that this Stipulation Agreement
shaII be recorded in the public records of the County and shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violations of
Monroe County Code_&-27.Lb 2 ILI h & 110-140.(1l& 130-186. exists. This Stipulation
Agreement shall recorded as a lien against the property and upon any other real or
personal property owned by the Respondent(s) if the property is not brought into
compliance by the date specified in paragraph 3.
8. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
9. The parties understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with Ngggy M. Dowling by the end of business June 29 2011.
DOC# 1872854
Bk# 2558 Pg# 722
CADocuments and Settings\dowling-nancy\1\4y Documents\MASTER Stipulation for First Time Offiender.doc 3
By signing this Stipulation, both parti represent ,
UNDERSTOOD, AND CONSENT to its termsconditions.
Signature of esp en s) / Date Signature ( / Date
Print Name Print Name
STATE OF 6-0 a, STATE OF
COUNTY OF r .° " . : COUNTY OF
PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the
undersigned authority, undersigned authority,
who,after who,after
first being sworn by me,affixed his/her signature first being sworn by me, affixed his/her signature
(name of individual signing)in the ace provided (name of individual signing)in the space provided
above on this aS day of 20 above on this day of 20
a..r .
TARY PUBLIC ®�m�,a,eo,� SYLVIA E.ATWELL N AR Y PUBLIC
�`aot Y p`��4+� Notary Public-State of Florida
® * m day Commission t Feb 6,X12
My commission expires ��� Coununission is on expires 20 :
Bonded Through NaWnW Notary Assn.
r
Signattmure Petiti or(Co )I to Doc# 1872854
Bk# 2558 Pg# 723
rint name
STATE OF Q . ' I)
COUNTY OF M 6 (2 E
PERSONALLY APPEARED BEFORE ME,the
undersigned authority,
( who,after
first being sworn by me,affixed A�is/ eWsignature
(name of individual si ing)in the space provided
above on this, day of 2011_ ®®Q,®,
A S.ATWELLV VI� au 7561 2,o1 gi `nafires Feb s 2 01ubtic-State of Floridasiongzp 2N Y PUBLIC sio
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MonroeMONROE COUNTY CODE ENFORCEMENT
SPECLAL MAGISTRATE
r
Petitioner
v . Case Number CE1 1040080
Maria Christina i
Respondent(s) Dod 1
STIPULATION FOR AN EXTENSION OF TIME TO COMPLY
In the matter 872854
Ruiz_Maria Christina i " "
Monroe County Code Enforcement ("Petitioner"), by and through the undersigned
individuals, :
receivedi
Stipulatedagreement on June 28 2011. Under the
date.date of IMe are not going to be in compliance by that
2. Respondent(s) agrees that the violation(s) still exist in the above
mentioned complaint as alleged in the Notice of Violation .
parties .
) He or she waives the right to appeal any finding of violation or order that he
Sectionor she would otherwise have under , Florida Statutes.
3. The property it be checked for compliance
compliance .
4. The parties understand that a fine of 14LO.00 per day shall accrue it
if the property is not brought into compliance withinin paragraph 3.
5. The (s) understands that if the Respondents(s) fails t
comply within # time iv in paragraph , the fine(s) shall accrue
violation(s) remain as follows:
.( ) ) r day
1 -1 . ) $100.00 per day
130-188 $100.00 per day
6. The t( ) agree to pay all costs incurred in prosecutingthe
case within li n t such costsimposed as a lien r
Section1 (2)(d), Florida Statutes, r ci - ( .
T. ( ) si ecifically agree that this l i # shall
be recorded in the publicrecords shall constitute i to subsequent
purchasers, interests, or assignsthe violations t Monroe
( )( .(l)& 130-186 exists. This Stipulation Agreement shall be recorded
as a lien i the # r real or personal property owned byt
Respondent(s) if the propertyis not brought intocompliance the te specified i
paragraph .
8. (s) agrees and represents that Respondent(s ) entered into
this Stipulation (s)'s own free will. t( ) further understands
and agrees that he/she has the right to consult with counsel prior to signingi ti l i ,
and has done so or has elected to waive thisright.
parties9. The rstand and agree that t s' ( ) may revoke
this Stipulationthat such revocation in writingr done in personwith
Inspector Nancy Dowling by the end of business . L
It ,.
By signingthis Stipulation, both partiesrepresent t ,
AND CONSENT to its termsand conditions,
1I
signature(name of individual,signing)in space
provided above on this 'w day of
20___
�I Y PUBLIC
SYLVIA E.A WELL
ro �D®tary Public-Slate�f Florida
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' w y Commission Sxpdres Feb 6,2012
Commission# DD 756120
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HMS'TINA MARIA RLAZ.
INSP. N. DOWLING 5/2/11
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Permit Information-Permit 11103826 Page I of 3
Juine 26, 2014. 9:12 AM My Account I Disclaimer I Privacy Policy
Monroe County eGovPLUS
I,
I Want To —Help CQntact Us Home Lag In
PERMIT INFORMATION
PLEASE NOTE : FEES LISTED ARE ESTIMATES ONLY .
BEFORE WRITING ANY CHECKS , PLEASE CALL THE
BUILDING DEPARTMENT TO CONFIRM .
Permit Number 11103826 RE 00138986000000
Permit Type 12 Balance Due 50.00
Property Address 1 W CYPRESS TERRACE Status Closed
Permit p Plan Reviews I Inspections I Fees I Contractors p All
ALL
PERMIT
PERMIT INFORMATION
Application Date 08-11-2011 Operator ramireze
Issued Date 08-23-2011 Operator ramireze
Master(Number Project Number
C.O. Number operator
C.O. Issued
C-404 Type Usage Class RIES
Applied Value 495 Units 0
Calculated Value 0 Contractor ID LOWNER
( PROPERTY ON PERMIT
RE 00138980000000
Unit
Address 1 W CYPRESS TERRACE
City/State/Zip KEY WEST, FL 33040
OWNER ON PERMIT
Name LRUIZ MARIA CHRISTINA
Address 1 WEST CYPRESS TERR
City/State/Zip KEY NEST, FL 33040
Type Private
APPLICANT
No Applicant Information on file for this permit
MISCELLANEOUS INFORMATION P NOTES
1 W CYPRESS TERR,, KEY HAVEN
..... _, _-... ...-.
GATE ._.......... ,.. _..,.-
"NOTICE OF COMMENCEMENT NOT REQUIRED"
PERMIT APPROVAL TO INSTALL A 5 W'IDE BY 6'HIGH
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Permit Information-Permit 11103826 Page 2 of 3
ALUMINUM GATE IN EXISTING WALL.
*PER SEALED PLANS IN FILE.*
..........................._......_..................-......_.._.._.._._._..__.._. - ..__.._......__....._._........................_.._......._...................._.............-......._..._.. _ _._._-w. ............
***SEE PLANS REVIEW COMMENTS FOR ADDITIONAL
_ _... _..._ ........m...-.......
CONDITIONS TO THIS PERMIT***
_...... ..........._... — —_.._._..._. _ ..w. .........._.. .. _ — --- ._..._ __.....�.....
GATE MUST SWING INTO OWNERS PROPERTY.
NO OTHER WORK ALLOWED ON THIS PERMIT.
_........................_...._w._u_...._...............-.....,...,,.________._. ._....... _... - _ w......._... ................_....................... _._.............
ALL TRASH AND DEBRIS MUST BE REMOVED TO A LEGAL
......_..._.-................_........__..._...__.._..._...._._._...._..._....__.............._..._......-----_______....._...... __w_._......................_____..__.............._._.._._____._........__......................._-____.._._..______ __�. _.........__
DUMP SITE.
_............_._,.. ..... ._..............ww____
INSPECTIONS REQUIRED,INCLUDING FINAL.
�...., _.. .m...M__._..._._.. _.....................
DEEMED NON-DEVELOPMENT.
DCA EXEMPT.
_.w._.._..�...................-.......................,_.................._...._.__.. ------ .._. --- __._._...............W._._......._......._....._.............._..........._....... _-----
-__-----..._.__ ......_...__._____..._.........---------._.
09/10/2013 MP ........ ..__..a ._......__
RE-OPEN REQUEST FOR EXPIRED PERMIT FOR FINAL
_....__ _. _.-_ -----------.._W-------------.._..w____..w ._- _._--__..............._.. _... _...,.
INSPECTIONS AND CLOSING OF PERMIT.
NO OTHER WORK ALLOWED ON THIS RE-OPEN.
.................._........._._..........._.............._._...__.�...._..._.._.....__-______ _ _._.__m _..M.................__-_
DUE TO THE NATURE OF THE WORK APPLIED FOR,THE
_ _.._ ,_,__...,_._.... ......_,.._ ,, ._ _..___w___.________ --------
PLANNING DEPARTMENT DID NOT REVIEW THIS
APPLICATION.THERE MAY BE DEVELOPMENT AND/OR LAINID
.._.. ._._._._W.....__._.w...w...............__ ..............._-..____._._..........................._._......................._.__�
USES ON THE SITE THAT ARE NO LONGER IN COMPLIANCE
_ _...._.._....._._.__....._.__......._....._._.. _._..-------__--------------_-.- -------------w._._.__....._.....W—............................._..........__....._.. ---------
WITH A COUNTY REGULATION'S)OR ESTABLISHED
_.--___.___w_..............................._....__.....-..,_...._ _.w.........._.._...__u______....._._._______...... _.._ __._.__._.k..m._ _ _.M..w................_._.........................._ ..._......_...__..______.._-__..._.. _
UNLAWFULLY WITHOUT THE BENEFIT OF PROPER
APPROVALS. APPROVAL OF THIS PERMIT DOES NOT DEEM
_.............. ................ ...........,....-................_..___
ALL DEVELOPMENT AS CONFORMING OR DEEM UNLAWFUL
.__._-_____-___...-._... __._...................._..w. -_LL_-----_........_.__......._..........._......._..__._...._..........__... ...-..........-- _.._m______._..__.............._...................... ...__--
DEVELOPMENT AS LAWFUL. THE GROWTH MANAGEMENT
DIVISION RESERVES THE RIGHT TO REQUIRE THAT SUCH
_._..._._.. ..._...............P..�_�._.,.. ..,.
DEVELOPMENT BE BROUGHT INTO COMPLIANCE THROUGH THE
..� ... ..._...._._ �... ---
................._._
PROPER APPROVAL(PROCESS OR TERMINATED UPON FUTURE
................ ......... _ __.,.. .._..._ �., ... .ww___... ...._._...__................. _
DISCOVERY.
,.-_..__._....__r_------------ __._._..._..........._.......� _ ..__.......�.. _.. �__.___..._...._ ._... _-____..... ....._________..............._.------...__............._.......... ...-......._.._._._
RE-OPEN ISSUED:09/13/2013 MP
PLAN REVIEWS
Details
Revision Stop Number Status Status Date Reviewer Notes
XXXASST/BUILDING OFFICIAL 1 P 08-22.2011 BENDEIRD 1
... ---- -_...._.__.....___._.. . .____._._..... __..__.._-- .._. ....__ .. ....................._..___..._______.__..
BIOLOGIST 2 0
................�, ., ... _._. _ .n_.. _.. ... ,.. ,.W..... ...u...�
BIOLOGIST 1 A 08-17-2011 VASIERISJ 11
._,2_0-1............._...._.._._......
BUILDING STRUCTURAL/ROOF 2 P 09-12-2013 KOST.wICH 0
BUILDING STRUCTURAL/ROOF 1 P 08-18-2011 K05TICH 0
..___..w_ww._......w_._.w___w___w____.._.__.._....._........... ._._....._..... _._.
FINAL REVIEW 1 L 09-12.2013 TUCKEIRM 0
MARATHON BUILDING DEPT 6 L 09.12.2013 MALDONAM 0
......._........._...._..._....._......___._.._...__._._._.........__.._.___.___�_..___.._. --- .._._._._ __.._. _._...._._....,. ............._...�._,...___.._._. ....
MARATHON BUILDING DEPT 5 L 09-11-2013 MALDONAM 1
_.M.........
_..... _._..._ ..._.._._________...._......._....-.. .._
MARATHON BUILDING DEPT 4....... ... .. ....._L 09-11-2.
MARATHON BUILDING DEPT 3 L 08-24-2011 TUCKERM 0
........___._.._..___.__.__....._ .._.__.__.__ _.-...-................................._.............
_._............._...
MARATHON BUILDING IDEPT 2 IL 08-22.2011 MALDONAM 0
-_....._------....._...._-___._.----------
MARATHON ___ _w_._....
BUILDING DEPT 1 L 08.12-2011 MALDONAM 0
..........._....................... _._.. _._._._._._.._. ._ .. _ _ ._....�................ �_ ... _..w_____________.. 0 _
BUILDING OFFICIAL 1
__ wwwwww -w __ ........., . ... ........ _...._
STOCK ISLAND BUILDING DEPT_ 5 L 10-04-2013 PARTIINGM 1
STOCK ISLAND BUILDING DEPT 4 L �-WWW09 13 2013 PARTINGM 2
..._ ---------__ - --------- __-.._. _________._w _...._.. ._....... _........ ...._.... _--.... --_-_________._.
STOCK ISLAND BUILDING DEPT 3 L 09-10-2013 PARTINGM 1
.......______.__............. . . .. ....___..
STOCK ISLAND BUILDING DEPT 2 L 0
STOCK ISLAND BUILDING DEPT 1 L 0
littn://'eL,ov.monroecounty-fl.sov/eC►ovPlij-,/ne,rtnit/nermit all s-ny?nermit nn l I]OgR?Agiv%iri=nnl'IR4Rnnnnn01) 4 4MAI A
Permit Information-Permit 11103826 Page 3 of 3
FEES
FEE ID UNITS QUANTITY FEE AMOUNT PAID TO DATE
B-RENEW FLAT RATE 1.00 50.00 50.00
_.. _.... __, .... ,.,, _ _ m
B-0 EDUC FLAT RATE 2.00 4.00 4.00
1 MIN DOLLARS ....
B LARS 1.00 0.00 0.00
B 1B APPL FLAT RATE 1.00 50.00 50.00
B-8 FENCE UNITS 1.00 50 00 w .. _ e.. _.�Ae..., ..
B BIO EDU FLAT RATE_ _ 1u00 10.00 10.00
00NT-INVES FLAT RATE 1.00 11.00 11.00
DBPR UNITS 100.00 1.80 1.80
DBPR1 UNITS .. 50. _. _ _.m -....
00 1 80 1..0
DBPR ED 1 UNI75 50.00 0.20 0.20
DBPR RE ED UNITS 100.00 0.20 0.20
m.. w .. ... _.
CA UNITS 100.00 _ 1.80 1.80
D a _...r.. ..._ .50.00� _...__m ,...... � _.� _ 1.80
CA 1 UNITS _ 0.20 . ..w_ 0 2
D.. 1,80
CA ED 1 _UNITS 50.00 0
DCA REED UNITS� - - �� -100.00� -- - 0.20 0.20
R Z ACC FLAT RATE 1.00 60.00 60.00
T.. ._ .... ,,,,,_,.mm _ ® ., _ _ _ _. ,
1 FLAT RATE 2.00 6.00 6.00
TOTAL FEES: $249.00
TOTAL PAID TO DATE: $249.00
PENDING PAYMENT: $0.00
BALANCE: $0.00
CONTRACTORS
GENERAL CONTRACTOR
Owner/ Contractor RUIZ MARIA CHRISTINA
Address 1 WEST CYPRESS TERR
City/State/Zip KEY WEST, FL 33040
INSPECTIONS
TYPE NUM INSPECTOR SCHED INSP INSP
RES CONFIRM NOTES
DATE DATE TIME
FINAL BUILDING 1 MWB 09-24-2013 09-24- P 20118522 0
2013
EXTENSION REOPEN/OTHER 1 MLP 09-13-2 , m...... a.
013 09-09-13- P 20117862 0
__.
EFE 2013
RR TO PERMIT CARD-RECr 0
INSP
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Your privacy is important to us,for more information see our pri acy nolcv.
Copyright 0 2007-THE PLUS SERIES S-All Rights Reserved
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Cradle Enforcement Detail Page 1 of 3
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CODE ENFORCEMENT DETAIL
Case Number CE11040080 Tenant
Case Date 04.19.2011 Add Info 7008 1830 0000 9286 1658
Origination 1 -PHONE CALL Status L LIEN CREATED
Operator atwells Officer KW
PROPERTY ON CASE
RE 00138980000000 Owner RUIZ MARIA CHRISTINA
Property Address 1 WW CYPRESS TERRACE Owner Address 1 'WEST CYPRESS TERR
City/State/'Zip KEY WEST FL 33040 City/State/Zip KEY WEST FL 33040
Phone
CASE DESCRIPTION
APPEAR TO BE BUILDING A TIKI HUT W/O PERMIT.THERE
WERE SEVERAL WORKERS THEREWITH LARGE PILES OF ._... .., M ,m... mY.,w •..m_.__�__ _...,•.
PALM FRONDS THAT LOOK LIKE THEY GO TO.A TIKI_..w...._., _. .
A TIKI HUT. _��'�
COMPLAINT CODE ( S )
1: CONSTRUCTION WITHOUT PERMIT
2:CONSTRUCTION WITHOUT PERMIT
VIOLATION CODE(S )
1: 110-140.(1) -- BUILDING PERMIT REQ/CH 6
130-186. --MINIMUM YARD'SISET BACKS
UNSAFE PERMITS INSPECTIONS C 0
NOTES
2011-06-28 15:29:33 TALKED TO MRS. RUIIZ SEVERAL TIMES IN(REGARDS TO THE
_..,__..•w_,_.._ ..•,_,• ..___,_,_.,_ _ _.,.......,.
TIKI HUT AND ITS PERMITTING. SHE HAS INFORMED ME THAT
_.�... _....... ..._..... ........_.... ._ _. .__.. _....�._.. ..... ...._-...
THEY HAVE SPOKEN TO REY ORTIZ FROM PLANNING AND WILL BE
APPLING FOR A VARIANCE TO KEEP THE TIKI. NO
INSPEC 'TI0NS / EVENTS DETAIL
DATE 11ME MSPECTION/EVENT TYPE INS""tUCTIONS/COMMENTS
12-10-2013 16:20:50 COMMENT CODE RECEIVED LETTER REQUESTING MITIGATION OF
FINES. PUT IN FILE.
_..... _.... �.. -....-_._ _ ..........................
-
ORIGINAL(FILE IN COUNTY ATTY'S OFFICE
12.10.2013 11:22:53 COMMEN"I"CODE IN MARATHON FILED BY MONTH OF LIEN
(MARCH 2O12......
_.__._-............-.._................_.. __ .. _._._._. ......_ a _.........____...._......_..._.____.........
12-06-2013 16:15,41 COMMENT CODE IN COMPLIANCE 6-27.(B)(2)IH
COMPLIANCE DATE WAS: 09/24/13
12-06-2013 16:15:30 COMMENT CODE IN COMPLIANCE 130-186.
COMPLIANCE DATE WAS 09/24113
12 06 2013.,.... 16:15:21 m mm COMMEIN.. _ .._. .. „_•.m_ IN
T CODE IN COMPLIAINCE 110-140 (1i)
COMPLIANCE DATE WAS .09/24/13
TIKI HAS BEEN REMOVED FROM PROPERTY AND
GATE PERMIT#11103826 FINAL INSPECTION
09/24/13.
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Code Enforcement Detail Page 2 of 3
COMPLIANT OF CODE VIOLATIONS
09-24-2013 13:49:45 COMMENT CODE 110-140.(1)
130-186.
6-27.(B)(2)H. ND
_ m_ . ._.. �......_ _. �...r_.. . �.
EMAIL TO P0.
. FINE(S) IN THE AMOUNT OF$450.00
DAILY HAVE ACCRUED FOR 607 DAYS FOR A
TOTAL OF$273,150.00 TO DATE,AND WILL
CONTINUE TO ACCRUE DAILY UNTIL
COMPLIANT.
YOU WILL HAVE GAINED COMPLIANCE ON THIS
CASE WHEN BOTH PERMITS HAVE PASSED ALL
THE REQUIRED INSPECTIONS AND THE PERMITS
09-10-2013 10:02:49 COMMENT CODE ARE CLOSED.
GATE PERMIT 111-3826 NEEDS INSPECTIONS.
COSTS ARE$219.99 AND CONTINUE TO ACCRUE
UNTIL THE CASE IS CLOSED.
. ONCE YOU GAIN COMPLIANCE YOU MAY
SUBMIT A LETTER EXPLAINING ANY
MITIGATION CIRCUMSTANCES,AND A
TIMELINE, FOR CONSIDERATION BY THE
MONROE COUNTY ATTORNEY'S OFFICE FOR
MITIGATION OF THE ACCRUED FINES
PC FROM PO,THEY ARE PURCHASING ANOTHER
09-09-2013 09:59:28 COMMENT CODE PIECE OF PROPERTY,AND FOUND OUT ABOUT
THIS LIEN-KAT
�_. ,....... ......._ ...,...,., ... _m...... .... .w.mn_ w . .....-. _. ,,,� , --.-.,, ... . ......... wam..
SM FINAL ORDER Et STIPS RECORDED WITH
03-05-2012 11:21:22 COMMENT CODE CLERK'S OFFICE ON 03/05/12 DOC#1872854
BOOK 2558 PAGES 718-726.
FINAL ORDER @ STIPS SENT TO CLERK'S
03-01-2012 13:08:27 ORDER SENT TO MCCO FOR REC OFFICE FOR RECORDING. OK TO FILE LIEN
PER COUNTY ATTY.
.. __,.._._ .
LIAISON MET WITH COUNTY ATTY Ft AIDE.
02-07-2012 16:04:42 COMMENT CODE ORIGINAL FILE WITH LIAISON. LIEN NOT
FILED TO DATE.
_....__.._.��-.......�.�CODE CASE NOT COMPLIANT OF CODE
VIOLATIONS
01-11-2012 12:27:21 REINSPECTION FOR HEARING 110-140.(1)
130-186.
6 27.(B)(2)H ND_
....... . m._ .
10 31 2011 14:09:09 COMMENT CODE FINE CHANGED 6-27.(B)(2)HSTART DATE:01/12/12 FINE AMT. 250.00
.._....._ m _., a..,,. .
10-31-2011 14:09:00 COMMENT CODE FINE CHANGED 130-186.
START DATE:01/12/12 FINE AMT: 100.00
10-31-2011 14:08:51 ...COMMENT .- _ .,w._FINE C_DATE:G_ 10-._ �... _ . ___.. -.m. .... ... ....
CODE FINE CHANGED 110-140.(1)
01/12/12 FINE AMT: 100.00
STIPULATION FOR AN EXTENSION OF TIME TO
COMPLY SIGNED ON 10/31/11. FINES AS
10-31-2011 14:07:47 STIPULATION AGRMT. SIGNED PREVIOSLY AGREED. NEW COMPLIANCE DATE:
01/11/12.
... .....,. . .. .. _.... _. , _.._._.---- w. . .
STIPULATION TO CODE VIOLATION AND FOR
TIME TO COMPLY FOR FIRST TIME OFFENSES
SIGNED ON 06/28/11. COSTS IMPOSED UNTIL
COMPLIANT AND FINES IN THE AMOUNT OF
$100.00 FOR THE CHARGES OF 110-140.(1)
06-30-2011 15:25:57 STIPULATION AGRMT. SIGNED AND 130-186 AND$250.00 FOR THE CHARGE
OF 6-27.(B)(2)H PER COUNT PER DAY IF
NOT COMPLIANT BY 09/14/11. NO REVIEW
HEARING SET AT THIS TIME.THE SM
APPROVED THE STIP AGREE AND ADDED IT TO
THE FINAL ORDER.
.- ._..... _. _...a-a _.._.. _ —6_a— —m._.... _..._...
06-30-2011 12:36:22 COMMENT CODE ADDED FINE:0 /15/11 FINE
START DATE:09/15/11 FINE AMT.250.00
06 30 2011 12:36.11 COMMENT CODE ADDED FINE ON 130-186.START DATE:09/15/11 FINE AMT: 100.00
06-30-2011 12:35:59 COMMENT CODE ADDED FINE ON 110-140.(1)
START DATE:09/15/11 FINE AMT: 100.00
_,._.. . .e.. ...._, m._.. ,_.,,..... __,-.._ . ..,_._„_.... ,. .
06-30-2011 12:35:40 COMMENT CODE COSTS CONTINUE TO ACCRUE UNTIL
COMPLIANT.
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Code Enforcement Detail Page 3 of 3
06-30-2011 08:14:29 SET FOR HEARING
... ...... _.. ".1-11-111-1-1111 .... ..,..m ... ....... ...
06-15-2011 15:27:11 REINSPECTION FOR HEARING NOT COMPLIANT OF CODE VIOLATIONS __ ...
110 140(1) ft 130 186 ft 6 27.(B)(2)H .._
06-03-2011 08:13:40 DO NOT USE-CERT ON HEARING GOOD SERVICE CERT NOV/NOH TO PO
..... _ ._e_P ,m, ... ...._.. _ ..... ...._...........
,
MAILED NOV/NOH VIA CERTIFIED TO PO ON
06-01-2011 13:27:04 DO NOT USE-CERT ON HEARING 05/31/2011.
CERT#: 7008 1830 0000 9286 1658-B.R
05-26-2011 08:50:40 SENT TO DIRECTOR FOR REVIEW SENT ORIGINAL FILE @ NOV/NOH TO DIRECTOR
FOR REVIEW 8 APPROVAL TO MAIL. SA
PREPARED NOV/NOH TO PO
05-26-2011 08:50:11 NOTICE OF VIOLATION/HEARING CERT#7008 1830 0000 9286 1658
HEARING DATE 6/30/2011
_ _.n -. .. . ...._ _. ,..... ...._ me,d...._.m. .ti._. ._. .mm.. A_-..mw..-
05-25-2011 15:34:40 COMMENT CODE PREPARING CASE FILE TO SEND TO SYL TO
SET UP FOR NOV Et NOH. ND
05-25-2011_ 15:33:49 REFER-. - m_ �....
RAL TO BUILDING OFFICIAL UNSAFE REFFERAL TO BUILDING
ILDIDI NG OFFICAL.ND
05-25-2011 15:29.14 _MAKE VIOLATION- � MA_KE_VIO RECORDE -RE .. -... �.�....
.,, .
_ _ _ D DOWLINGN
05-02-2011— 15:33:15 INITIAL INSPECTION TYPE SITE INSPECTION A �_ _ � __AND TOOK PHOTOS. ND
04-19 2011 12:33:02 CREATE A CASE�� - - COMPLAINT RECOR- —BY— _DED BY ATWELLS
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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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