Item Q5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16,2014 Division: County Attorney
Bulk Item: Yes—.No X Staff Contact Phone#: Lisa Granger 305-292-3470
AGENDA ITEM WORDING: Discussion and direction to proceed with further collection actions
against Shawn E. Renz and Maria T. Renz including but not limited to foreclosing on the code
compliance lien on their property located at 30843 Minorca Drive, Big Pine Key, Florida, which
lien was a result of code compliance case number CE11080053.
ITEM BACKGROUND; —
This property has been the subject of a code compliance case starting as early as August 15, 2011
when Code Compliance received complaints from a neighbor that this property was being used as a short
tern vacation rental.
CE11080053: The Special Magistrate found the subject property owner in violation of renting and
advertising a property located in an Improved Subdivision(IS) for short term vacation rentals where it is
prohibited, and renting without the necessary business tax license. Eventually the property owner gained
compliance. Pursuant to the Final Order issued by the Special Magistrate, the property owners were to
immediately cease and desist the rental activity of the property for any period of less than 28 days, pay a
onetime fine of$15,000.00 and pay costs to the County. The property owner gained compliance but did
not pay the one-time fine or costs as ordered. This case remains open for lack of payment of the one time
fine and costs. The costs currently total $695.52. A lien was filed on October 11, 2013 for the non-
payment of the costs and the fine. This lien is a lien on the subject property and any other real or personal
property owned by Shawn E. Renz and Maria T. Renz.
The available legal options in regard to the County's lien are:
1. Initiate litigation against Shawn E. Renz for foreclosure, money judgment and writ of
execution;
2. Allow the lien to remain against the Mr.Renz, the subject property and any other property that
Mr. Renz owns; and/or
3. Reduce the amount of the fines.
On March 19, 2014 the BOCC passed and adopted resolution 057-2014 adopting procedures to be used
after a Final Order has been rendered. This property is not homesteaded.
County staff recommends option 2; allow the lien to remain. Although Mr. Renz owns two properties in
the keys, only one is pending foreclosure. There are two mortgages filed on the subject property, 30843
Minorca, Big Pine Key. However neither the land records nor the court records indicate a foreclosure
action on the subject property. If the property that is currently pending foreclosure (1633 Lantana lane,
Big Pine Key) is sold by short sale then the County's liens including the lien on the subject property will
have to be paid in order to pass clear title to the new buyer.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS: Allow the lien to remain.
TOTAL COST: INDIRECT COST: BUDGETED: Yes _Na
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
BEFORE -COUNTY CODE COMPLIANCE SPECIAL MAGI,.. ,ATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, I
Petitioner, ► Casa INo.CE
l
VS. I
Subject Properly Real Estate Number.
47
I Doca 1993679 10/11/2013 10:2'8MM
Filed & Recorded in official Records or
Respondent(s). MONROE COUNTY RMY HEAVILIN
r
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)and/or witnesses under oath,the following Findings of Fact and
Conclusions of Law are ORDERED;
The Respondents)and/or Authorized Representativo we re no resent and di did no
contest the violation(s)set forth in the No
tice of Vio'latiordNoticer of Hearing which is Incorporated herein as N fully set forth.
(�The Respondenl(s)islare the owners}of properly located within Monroe County and wastwere duty noticed of the hearing,
(,/�The Respondents)islare in violation of the Monroe County Codes)as fullly set forth in the Notre ai ViolatioNhlotice of Hearing served upon the Respondent s).
(h/�The viotaton(s)Is found to be irreparable or bteversible and aon�-time fine of$ /�" tJI�Y'J.[ 3 (s ORDERED,payable withbn days of this Order.
(r/j Pursuant to Sect on it32.07{2)of Florida Statutes all costs(ncarred by the County In prosecuting the case Is oMeead to be paid within thirty(30)days of compflance. Costs
wilt continue to accrue until compllance is achieved end the case is closed.
(f The RespDndent(s)shall comply with the Gode(s}referred to in the Notice of tliolaliorVNotoe of Hearing en or before q�/ /f ("THE
CO�i1PLUlf[CE 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 of: S (22
Okp 263436Pqu 160
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondents)islare in violation islare hereby ORDERED.
( ) It is further ordered,that the County is hereby authoraed to make all reasonable repairs Including demolition which are required to bring the property into compliance and charge the
Respondent(s)with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter,
( ) The 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 Respondants)shall pay the total amount of cost and/or fines(; to
Monroe County Code Compliance within thirty(30)days of this Order.
In the event of nonpayment of fines and/or costs Imposed on Respondengs),a certified copy of this Order may be recorded in the public records and shall thereafter constflute
a lion against the land on which the violation or violations exist and upon any other real or personal properly owned by the violator.The County may insthate foreclosure
proceedings If the Ilan 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 Complliance and mail to:Monroe County Code Compliance,Attn:office of the Liaison,2799 Overseas Hwy,,Sulte 330,Marathon,FL 33050.
IT IS E RESPOWDENVS1 RESPONSIBILFTY TO RECIVEITAREINSPECTION TO DETERMINE WgNER THE PROPERTY O AL -.ODE COMPLIANCEAT R
KEYS:THE UPPER 1 R THE MIDDLE
DATED this—07 day of 20 /3
qJohnG. aningham, peci glsirate
Page 1 of 2
FINAL ORDER PAGE 2
CASE NUMBER: CE11080053
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
RENZ SHAVWN E AND MARIA T
110 FLAGSTAFF ROAD Doc# 195a679
PHILADELPHIA, PA 19115 Bk# 2654 Pq# 161
Location of Subject Property:
30843 MINORCA DRIVE
BIG PINE KEY,FL 33043
RE NUMBER: 00312500000000
APPEAL PROCEDURES
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate
to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY
AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE
RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA
STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE
RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE
FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER.
CERTIFICATE OF ORDER
I h reby certify that this is a true and correct copy of the above Order.
czv;�/ z4ogI46
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. mal_to Respondent(s) address of record with the Monroe
County Property Appraiser's Office as referenced above and/or Authorized Representative
'z/a on this day of ,20 10
.Gr
Nicole M.Petrick, Liaison
CC: Shawn E. Renz and Maria T. Renz
3607 Essen Lane
Philadelphia, PA 19114
PA('R 2 of 2
MONROE COUNTY
OFFICIAL RECORDS
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6124/2014 Code Enforcement Detail
Monroe County eGovPLUS
'CODE ENFORCEMENT DETAIL
Case Number CE11080053 Tenant
Case Date 08-15-2011 Add Info 7011 2970 0002 5874 6964
Origination I -PHONE CALL Status L-LIEN CREATED
Operator rurTbergt Officer KW
,PROPERTY ON CASE
RE 00312500000000 Owner RENZ SHAWN E AND MARIA T
Property Address 30843 MVNORCA DRIVE Owner Address 110 FLAGSTAFF ROAD
City/State/Zip BIG PINE KEY Fl.33043 City/'State/Zip PHILADELPHIA PA 19115
Phone (215)681-5868
CASE DESCRIPTION
CALLER STATES THAT PO I S RENTI NG WEEKLY NOT
MONTHLY. WILL EMAIL TAG#S, PICTURES AND WEBSITE
IN CASE DIFFERENT FROM PREVIOUS CE10020195 ON
SISTER PROPERTY 1633 LANTANA LANE BPK
I..... .... ... - _-................
COMPLAINT CODE ( S )
1:VACATION RENTAL
VIOLATION CODE ( S )
1: 130-83.(B)-- IMPROVED SUB-VACATION RENTALS
2: 134-1.(K)(1)--VACATION RENTAL 6t ADVERTISING
3:23-72. --BUSINESS TAX REQUIRED
-----------
INSPECTIONS / EVENTS DETAIL
E I, J C,
04-22- 0 RI GI NAL FILE IN COUNTY ATTY'S OFFICE
2014 10:12:22 COMMENTCODE IN
MARATHON FILED DEMAND DRAWER
EMAJ LED REALTOR: LIENS ARE ATTACHED TO
BOTH PROPERTIES.ADDITIONALLY WITH THE
SALE OFONE PROPERTY, BOTH LIENS WOULD
HAVE TO BE SATISFIED IIN ORDER FOR THE
PROPERTY TO PASS TO THE NEW OWNERS
WITHOUTACLOUD.
1633 LANTANA LANE, BPK:
CE1 2030076- VACATI ON RENTAL CASE:
10,599.55 DUE(10,000.00 OTF AND 599.55
http:tlegov,rrionroecounty.ff.goVeGO%Plus/codatcode—d#.asp)?case—no=CE1 1080053 1/5
MIPPOMM1,017,
6/24/2014 Code Enforcement Detail
04-22- 10:06:42 COMMENT CODE COSTS).
2014
30843 MINORCA DRIVE, BPK
CE11080053-VACATION RENTAL CASE,
15,695.52 DUE(15,000.00 OTF AND 695.52
COSTS),
THEREFORE THE PAYOFF AMOUNT OF THE
LI ENS
(AS OF TODAY)IS$26,295.07. PLEASE
TAKE NOTE THAT COSTS CONTINUE TO
ACCRUE
UNTI L THE CASE I S CLOSED AND THI S COST
AMOUNT WILL BE RECALCULATED IN 30 DAYS.
2014 16:35:39 SET FOR HEARING
01-30
2014 12:32:33 SM GRANTED MOTION TO PROCEED SM APPROVED FOR COLLECTIONS.
01-14 NOTICE OF COLLECTIONS Et HEARING MAI LED
2014 1b:35:24 COMMENT CODE
TODAY BY LIAISON FOR 01/30/14 HEARING.
_ PASSED FILE TO NICOLE FOR JAN 2014 5M
12-13
14:55:06 SENT TO LIAISON
2013 FOR COLLECTIONS
COURTESY 30 DAY LETTER MAILED.
SPECIAL MAGISTRATE IMPOSED A FINE I N THE
AMOUNT$15,000.00.TO DATE THE COSTS IN
12-13 LETTER NON- THIS CASE ARE$642.72 AND WILL CONTINUE
2013 14:54:42 PAYMENT/COMPLIANCE TO
ACCRUE UNTIL THE
CASE IS
CLOSED.
THEREFORE THE CURRENT AMOUNT OF THE
MONROE COUNTY LIEN IS$15,642.72.
__.._...
12-13- 13:58:56 COMMENTCODE RECIEVED FILE FROM NICOLE.
2013 LIEN OCT 2013
10-11- SM FINAL ORDER RECORDED WITH CLERK'S
2013 14:52:27 LIEN ORDER RECORDED MCCO OFFICE DOC#1953679 BOOK
2654 PAGES 160-161.
_.._.-- . _ .... . .... ......
...._, ...._
10-10- 14:29:47 ORDER SENT TO MCCO FOR REC OTF NOT PAID PER FINAL ORDER. SENT TO
2013 CLERK'S OFFICE FOR RECORDING.
COMPLIANCE INSPECTION SHOWS NO
OCCUPANCY.
THEREFORE CASE IS COMPLIANT ON CHARGE
130-83.(B).
09-13- 16:14:22 REI NSPECTI ON FOR HEARING ADDITI ONALLY ADVERTI SEMENT REFLECTS
2013 MONHTLY RATES.
CASE IS C OMPLI ANT O N CHARGE
134-1.(K)(1).
ALL COMPLIANCE EVIDENCE PASSED TO
, .C..
23 72LIASION FOR COST DETERMNATION.
14:00:35 COMMENT
CODE
IN COMPLIANCE . _..._...,�
ODE .
2013 COMPLIANCE DATE WAS:09/13/13
09-13- IN COMPLIANCE 134-1.(K)(1)
http:/legovmonroecounty-fl,goWeGo%Plus/code/code dtl.aspx?case_nO=CE11080053 215
6/24/2014 Code Enforcement Detail
2013 14:00:28 COMMENTCODE COMPLIANCE DATE WAS:09/13/13
09-13- 14:00:2.'......COMMENTCODE.. „.m... . ._.. ....I.N. _
09-1 COMPLIANCE 130-83.(B)
2013 COMPLIANCE DATE WAS:08/30/13
08-29- 16:10:26 COMMENTCODE ADDED FINE ON 130-83.(B)
2013 START DATE:08/30/13 FINE AMT: 500.00
08 29 16:09:41 COMMENT CODE ADDED FINE ON 23 72.
2013 START DATE:09/14/13 FINEAMT: 250.00
�_..._,,. .. ,,..08 29 ..16.09:13 COMMENT. .. ... ,....,._.m -n..�_.. . _ ,,_. m......... w ..�,,....� ...._..._. .m _ w..... ,rn�. .. .._
CODE ADDED FINE ON 134 1.(K)(1)
START DATE 09/14/13 FINE AMT: 50000
08 29 16:08:31 COMMENTCODE COSTS IMPOSED UNTIL COMPLIANT AND CASE
2013 IS CLOSED
SM FINAL ORDER FOUND IN VIOLATION AS
CITED. COSTS IMPOSED UNTIL COMPLIANT
AND CASE IS CLOSED AND FINES IN THE
AMOUNT OF$500.00 FOR THE CHARGES OF
130-83.(B)AND 134-1.(K)(1)PER COUNT PER
DAY I F NOT COMPLIANT BY*09/13/13. NO
REVI EW HEARI NG SET AT THI S TI ME.
IMMEDIATE CEASE AND DESIST THE RENTAL
OF THE SUBJECT PROPERTY FOR LESS THAN
20139 16:06:42 SM OR CEB ORDER 28
DAYS.
"THE COMPLIANCE DATE INDICATED ABOVE IS
ONLY APPLICABLE TO THE CHARGE OF
134-1(K)(1).
SM ALSO IMPOSED A ONE TIME FI NE I N THE
AMOUNT OF$15,000.00 PAYABLE WITHIN 30
DAYS OF SIGNED THE FI NAL ORDER.
NOTE: NO ONE PRESENT AT HEARING.
08.29-
2013 13:15:01 SET FOR HEARING
08-27- REQUEST FOR CONTINUANCE WAS DENIED BY
2013 16:21:52 COMMENT CODE THE SPECIAL MAGISTRATE. PO WAS INFORMED
VIA EMAIL BY LIAISON TODAY.
......,.REQUEST FOR CONTINUANCE..._,. . � _. ,_....
08-27- REC-D FROM MS.
2013 12:47:09 COMMENT CODE RENZ TODAY. LIAISON EMAILED COPY TO SM
FOR CONSIDERATION.
_ .. SPOKE T. I
0 MARIA RENZ THAT REQUESTED
_.. A
CONTINUANCE DUE TO THE NOV BEING SENT
TO
THI ER PREVIOUS ADDRESS. I EXPLAINED
THAT THEY NEEDED TO CHANGE THEIR
08 26 10:33:29 COMMENTCODE MAILING
2013 ADDRESS AT THE MCPA OFFICE. I ALSO
STATED I WOULD SEND THEM THE REQUEST
FORM, HOWEVER IT WOULD BE UP TO THE
SPECIAL MAGISTRATE AS TO WHETHER OR NOT
IT IS CONTINUED AS THE DEADLINE HAS NOW
PASSED.TS
MAILED COPY OF NOV/NOH FIRST CLASS
htkp:/fegovmonroecounty-tl.,go%deGmPlus/code/code dtl.aspx?case no=CE11080053 its
6/24/2014 Code Enforcement Detail
08-15- MAI L
2013 12:48:21 XXXCOMPLIANCE AFFIDAVIT ON08✓15/2013 AND AFFIDAVIT OFMAILING
I N FI LE. RETURNED ORI GI NAL FI LE TO
I NSPECTO R FOR REVI EW.-CMARTI N
08-15 PEPARED POSTING AND MAILED NOV-NOH TO
2013 10:44:19 COMMENT CODE PO VIAFIRSTC LASS MAIL.-CMARTIN
PER USPS COM CERTIFIED NOV/NOH SHOWS
08-14 UNCLAIMED.
2013 10:06:09 XXXNOV CERTIFIED RETURNED CERT#:7011 29700002 5874 6964
CMARTI N
07.26 PASSED TO ADMN FOR NOV/NOH
2013 14:39:35 COMMENT CODE
PRE PARATI ON.
PREPARED NOV/NOH TO PO FOR 08/29/2013
HRG.
07-01- 11:06:04 NOTICEOFVIOLATION/HEARING CERT#:7011 2970 0002 5874 6964
2013
PASSED TO DIRECTOR FOR APPROVAL TO
MAIL.-CMAR Tl N
06 28 14:35:53 MAKE VIOLATION MAKEVIO RECORDED SCHOENRO
2013
06-27- 14:23:34 VACATION RENTAL INSPECTION VRI CONDUCTED TWO VEHICLES ON ISTE.
2013 PHOTOS TAKEN.
PROPERTY ISADVERTIISED ON SEVERAL SITES
AS"LARGEST POOL,HOT TUB BI G PI NE"
VRBO#348594 IS ONE OF THEM. RATES ARE
LISTED AS 2750-5875/MONTH, HOW EVER THE
TRAFFIC APPEARS TO BE MORE THAN
04-25- MONTHLY
2013 11:16:42 COMMENT CODE RENTALS.
WILL CONTINUE TO INVESTIGATE AS NORMAL
AS RECENT COMPLAINTS HAVE BEEN
RECIEVED
ON SEVERAL PROPERTIES, INCLUDING THIS
ONE, IN THE IMMEDIATE AREA.
04-25 REASSIGN TO INSPECTOR RUMBER
2013 11:16:07 REASSIGN INSPECTOR
RECEIVED AN ADDITIONAL COMPLAINT
REGARDING THE USE OF THSI PROPERTY AS A
SHORT TERM RETNAL WHERE IT IS
PROHI KITED. CALLER GAVE A LIST OF
PROEPRTI ES I N THE AREA RENT!NG FOR TERMS
03-01- 15:20:40 COMMENT CODE OF LESS THAN 28 DAYS AND THIS ADDRESS
2013 WASINCLUDED.
COMPLAINANT STATES IT IS WORSE THAN
EVER.
WILL CONTINUE TO INVESTIGATE.TS
12-07
2012 10:59:31 VACATION RENTAL INSPECTION VRI NO OCCUPANTS ON SITE.
VRI SEVERAL VEHICLES ON SITE.ONE TAN
FORD F150 FL TAG#W86-2YW,ONE DARK
http://egov.monroecount)Ffl.goVeGo%Plus/Codetcode df.asp)e?case no=CE11080053 445
6/24/2014 Code Enforcement Detail
GREY
FORD TRUCK GEORGIA TAG#BQL-0374,AND
2012 12:44:34 VACATION RENTAL INSPECTION TWO ADDITIONAL BLACK FORD TRUCKS
2012
BACKED
IN. NO VISUAL ON TAGS. NO ANSWER AT
DOOR. NO ONE VISIBLE ON PROPERTY.
PHOTOS
TAKEN.
VRI CONDUCTED.TWO KENTUCKY VEHICLES
ON
06-05- 11:44:35 VACATION RENTAL INSPECTION SITE ONE RED FORD F250 KY#112-KHE AND
2012 ONE WHITE DODGE DURANGO TRUCK KY#
819-CTE.NO ANSWER AT DORR. PHOTOS
TAKEN.
VRI. SPOKE WITH MR.THOMAS .
HUTCHINS
WHOM
03-15- PROVI DED A COPY OF THE CONTRACT FOR
2012 13:03:26 VACATION RENTAL INSPECTION THE
RENTAL DATES OF MARCH 1-31,2012.A
STAY OF GREATER THAN 28 DAYS. PHOTOS
TAKEN.
02-02-
2012 16:17:46 COMMENT CODE
2012 16:39:14 VACATION RENTAL INSPECTION VRI-NO OCCUPANTS-PHOTO TAKEN.
02 01
2012 16:14:06 VACATION RENTAL INSPECTION VRI-NO OCCUPANTS-PHOTO TAKEN. _
12-02
2011 15:06:14 VACATION RENTAL INSPECTION VRI-NO OCCUPANTS
10-25- VRI-NO OCCUPANTS, PHOTO TAKEN OF
2011 15:56:06 VACATION RENTAL INSPECTION SUBJECT
PROPERTY
2011 10:18:07 CREATE A CASE COMPLAINT RECORDED BY RUMBERGT
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