Loading...
Item Q8 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 Manuel Francisco Cuervo Jr. and Sheri A. Cuervo including but not limited to foreclosing on the code compliance liens on their property located at 3460 Tarpon, Big Pine Key, Florida, which liens were a result of code compliance case numbers CE10110062 and CE13020033. ITEM BACKGROUND: Their property has been the subject of two code compliance cases. CE10110062: On April 28, 2011 a hearing was held and the Special Magistrate found the property owners in violation of MCC 6-144(7)b for the failure to obtain a final inspection on an installation of an air conditioning unit and MCC 6-27(b)(2)h, creating an "unsafe condition" by failing to have the final inspection completed. Pursuant to the Final Order, fines in the amount of$350.00 per day began accruing on June 16, 2011 when compliance was not achieved by the compliance date ordered by the Special Magistrate. The property owner has not gained compliance. The case remains open for failure to gain compliance and failure to pay fines and costs. The $100.00 per day fine on the count of 6-144(7)b has accrued for 1108 days as of June 28, 2014 and continues to accrue. The$250.00 per day fine on the count of 6-27(b)(2)h accrued for 181 days (June 16, 2011 -December 14,2011). This fine ceased to accrue due to the revision of the unsafe charge passed and adopted by the BOCC on December 14, 2011, (Resolution 022-2011) Therefore the current amount of the fines as of June 28, 2014 is $156,050.00. The current amount of the costs is $184.49. The Final Order was recorded as a lien on June 23, 2011. This lien is a lien on the subject property and any real and personal property owned by the property owners. CE13020033: September 26, 2013 a hearing was held and the Special Magistrate found the property owners in violation of MCC 21-20(b), failure to keep the subject property mowed, and MCC 21-20(a), failure to keep the property clean. Pursuant to the Final Order, fines in the amount of$200.00 per day began accruing on October 12, 2013 when compliance was not achieved by the compliance date ordered by the Special Magistrate. A reinspection was conducted on June 25, 2014 which revealed that the property had been mowed, however the trash and debris was not removed. Therefore on the violation of MCC 21-20(b) a daily fine of$100.00 accrued for 256 days(October 12, 2013 to June 25, 2014), and the $100.00 per day continues to accrue on violation of MCC 21-20(a). The current amount of the fines as of June 27, 2014 is $51,400.00 ($25,600 on violation of MCC 21-20(b) and $25,800 on violation of MCC 21-20(a). This case remains open for lack of compliance, payment of the fines and costs. The costs currently total $534.91. A lien was filed on January 17, 2014. This lien is a lien on the subject property and any real and personal property owned by the property owners. 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. The available legal options in regard to the County's liens are: 1. Initiate litigation against Manuel Francisco Cuervo Jr. and Sheri A. Cuervo for foreclosure, money judgment and writ of execution; 2. Allow the liens to remain against the property owners, the subject property and any other property that they own; and/or 3.Reduce the amount of the fines. County staff recommends option 2; allow the liens to remain. The property owners do not own any other property in Monroe County. If this property is foreclosed the County's lien will be extinguished because it is inferior the mortgage liens. If there is a short sale the bank and/or the new buyer will contact the County for the lien amount. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Allow the lien to remain. TOTAL COST: INDIRECT COST: BUDGETED: Yes _No .L DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No_ _ AMOUNT PER MONTH Year APPROVED BY: County Att 4 OMB/Purchasing Risk Management DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM# Revised 7/09 BEFORE r HE COUNTY CODE ENFORCEMENT SPECIAL M►,,.o'TRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, Id Petitioner, ) Casa No.CE VS. ) Subject Property Real Estate Number. Q 4�;'% Q Doan 1840820 06/23/2011 9:33AM Filed 8 Recorded in official Records of MONROE COUNTY DANNY L. KOLHAGE Doop 1840620 Respondent(,). ) Bk# 2322 P9t 1ggo 1 FINAL ORDER 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 R antis) and/or Authorized Representative we re no sent and d no test the violation(s)set forth in the Notice of Violedon/Notice of Hearing which is incorporated herein as if fully (/The Respondent(s)Ware the owner(s)of property located within Monroe County and was/were duty,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 Violatlon/Notice of Hearing flied 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 continr!e to accrue until compliance is achieved and case Is closed. Furthen re t s nd nt(s)shall comply with those Code(s)referred to in the Notice of Violation/Notice of Hearing on or before ,L ("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 ET FORTH HEREIN, fine(s)in the amount of ,. asp• G� for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)Ware in violation islare hereby ORDERED. ( )a one time fine of$ is ORDERED,and the condition causing the violabon(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 respondents)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)269.2810 FOR THE MIDDLE KEYS:1305)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 Ilan 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 Ilan 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,Marathon,FL 33050. ( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violalion/Notice of Hearing filed in this case and did not came into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondent(s)shah pay the total' amount of cost and/or fines($_ to Monroe County Code Enforcement within thirty(30)days of this OrderA. DATED this y of o .Van am, at Magistrate Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE10110062 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: CUERVO MANUEL FRANCISCO JR& CRUZ SHERI A.T/C DocN 1840820 3736 CINDY AVE Bkp 2522 PqN 1991 KEY WEST,FL 33040 Location of Subject Property: 3460 TARPON ST BIG PINE KEY, FL 33043 RE NUMBER: 00289000000000 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 hereby certify that this is 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 class U.S. mail to Respondent(s) address of record with the Monroe County Property k praiser~s Office as referenced above,and/or Au en rized Repres Live on this. .4 c � day of ,20 . 7. ot�O Nicole M.Petrick,Liaison PAGE 2 of 2 OFFi im RECORDS ��llri// JOW n y�y�l/ r r ij/ii r Pl frr�r/i i Monroe County eGovPLUS CODE ENFORCEMENT DETAIL Case Number CE10110062 Tenant Case Date 10-25-2010 Add Info 7006 2760 0000 7002 0948 Origination 5-REFERRAL Status L- LIEN CREATED Operator hughesh Officer CMP PROPERTY ON CASE RE 00289000000000 Owner CUERVO MANUEL FRANCISCO JR t-t CRUZ S Property Address 3460 TARPON ST Owner Address 3736 CINDY AVE City/State/Zip BIG PINE KEY FL 33043 City/State/Zip KEY WEST FL 33040 Phone CASE DESCRIPTION HIGH GRASS AND WEEDS. COMPLAINT CODE ( S ) 1: HIGH WEEDS/GRASS 2: HIGH WEEDS/GRASS VIOLATION I CODE ( S ) 1: 21-20.(B)--PREMISES TO BE MOWED 2: 6-144.(7)B--INSPECTIONS-FINAL INSPECTIONS 3: 6-27.(B)(2)H--UNSAFE PERMITS INSPECTIONS C.0 INSPECTIONS / EVENTS DETAIL KAT REASSIGNED TO CYNTHIA TO ADD TO 2014 13:26:38 REASSIGN INSPECTOR SUMMARY FOR COLLECTION BOCC AGENDA ITEM 2014 FOR CE13020033. 06-02- ORIGINAL(FILE FILED BY MONTH OF LIEN 2014 11:34:04 COMMENT CODE WITH COUNTY ATTY'S OFFICE IN MTH. (JUNE 2011). PER PHONE REQUEST COPIES OF CASE FILES CE10110062 AND CE13020033 SENT TO 02-21- 16:49:46 COMMENTCODE VINICENTEDWARDS@SAFEGUARDPROPERTIESBY 2014 LIAISON TODAY VIA EMAIL AT: VI NIC ENT.EDWARDS@SAFEGUARDPROPERTI ES.COM MAILED 301-DAY LETTER: FINE(S)OF$350.00 PER DAY RAN FOR 181 09-12- LETTER NON DAYS FOR ATOTAL OF$63,350.00.THE - hitpc//egov.munroecounty-fl.grnAeGovPlus/codeJcode—dU.aspx?case no=CE10110062 114 2013 11:52:11 PAYMENT/COMPLIANCE COMM DATE TOTAL$152.09. THEREFORE THE CURRENT AMOUNT OF THE MONROE COUNTY LIEN IS$63,502.09 2013 - FINE CHANGED 09:56:08 COMMENT CODE START DATE: 6/16/111 FINE AMT.250.00 09-12- 09:55:31 COMMENT CODE FINE CHANGED6-144.(7)B_ 2013 START DATE: 06/16/11 FINE AMT: 100.00 PREPARED LIEN RELEASE FOR SIGNATURE BY CA AND FILING IN MCCO. REVIEWED CASE W/CA W I LLIAMS AND CIRCUMSTANCES OF CASE.THE UNSAFE CODE 09-12- WAS CHANGED ON 12-14-2011,THEREFORE 2013 09:54:00 COMMENT CODE DEEMING CASE COMPLIANT AS OF 12-14-2011. LI EN CANNOT BE RELEASED BECAUSE VIOLATION EXISTED AS PER CODE IN EFFECT AT THAT TIME. VOIDED LIEN RELEASE. 09-12 09:14:01 CLOSE CASE EVENT VOID EVENT.ENTERED IN ERROR 2013 REVIEWED CASE W/ CA LG.MOWING WAS COMPLIANT PRIOR TO SM HEARING. 05-06- 16:41:41 COMMENT CODE 2 REMAI NI NG COUNTS SHOULD HAVE BEEN 2013 DISMISSED BASED ON 4 YR S/L. REMOVED FINES. NEED TO PREPARE LIEN RELEASE. CORRECTED FINE START DATE ON 6-27.(B)(2)H, 2013 16:41:17 COMMENT CODE PER ORDER, COMPLIANCE DATE WAS 2013 6-15-2011,THEREFORE FINE START DATE WAS 6-16-2011. CORRECTED FINE START DATE ON 05-06- 6-144.(7)B, 2013 16:41:11 COMMENTCODE PER ORDER, COMPLIANCE DATE WAS 6-15-2011,THEREFORE FINE START DATE WAS 6-16-2011. WAS I N AREA FOR ANOTHER I NSPECTI O N. 2012 27- 15:44:24 REI NSPECTI ON NOTED DEBRIS REMAINS UNDER HOUSE. PHOTO 01 TAKEN.CJM 10-11- ON STREET FOR REINSPECTION OF ADJACENT 2012 09:02:10 COMMENTCODE PROPERTY. NOTED DEBRIS UNDER STRUCTURE ATTHIS LOATION. PHOTO TAKEN. SM FINAL ORDER RECORDED WITH CLERKS 06-23- 12:15:03 ORDER SENT TO MCCO FOR REC OFFICE 2011 ON 06/23/11 DOC#1840820 BOOK 2522 PAGES 1990-1991. 06-16- NO NEW PERMITS OR PERMITS RENEWED TO 2011 14:18:39 COMMENT CODE CORRECT VIOLATIONS AS OF TODAY. VIOLATIONS REMAIN. 04-28- 16:48:41 COMMENTCODE ADDED FINE ON 6-27.(B)(2)H 2011 START DATE:05/12/11 FINE AMT.250.00 04-28- 16:48:30 COMMENTCODE ADDED FINE ON 6-144.(7)B http://egov.monroecount}-fl.go4eGovPlus/code/code dtl.aspx?case no=CE10110062 214 2011 START DATE:05/12/11 FI NE AMT: 100.00 04-28._ 04-2 16:47:54 COMMENT CODE COSTS CONTINUE TO ACCRUE UNTIL COMPLIANT 2011 SM FINAL ORDER FOUND IN VIOLATION AS CITED, COSTS IMPOSED UNTIL COMPLIANTAND FINES IN THE AMOUNT OF$100.00 FOR THE CHARGE OF 6-144.(7)B AND$250.00 FORTHE 2011 16:46:01 SM OR CEB ORDER CHARGE OF 6-27,(B)(2)H PER COUNT PER DAY 2011 IF NOT COMPLIANT BY 06/15/11. NO REVIEW HEARING SET AT THIS TIME. THE CHARGE OF 21-20.(B) IS COMPLIANT. 04-28- 04-2 14:00:44 SET FOR HEARI NG 2011 04-21 09:03:24 SENTTO LIAISON ORIGINAL FILETO LIAISON AND COPY TO 2011 INSPECTORFOR4/28/2011 HRG.-HSTOKKE ORDEROF DISMISSAL FOR LACKOF SERVICE 04-19' FOR LIS PENDENS CASE NO. 09-CA-1232-K 2011 09:15:55 COMMENT CODE SIGNED BY CIRCUIT COURTJUDGE ON 08/23/2010. 04.18- POSTED NOV/NOH AT THE 08.07.15 COMME NT CODE MONRO E COUNTY 2011 COURTHOUSE I N MARATHON.TOOK PHOTOS. SITE VISIT. POSTED NOV/NOH AT SUBJECT 04-18- 07:40:17 POSTING OF NOV/NOH PROPERTY.TOOK PHOTOS, HIGH GRASS AND 2011 WEEDS HAVE BEEN CUT.21-20.(B),IS NOW IN COMPLIANCE. 04-15- PREPARED POSTI NG AND MAI LED NOV-NOH TO 2011 09:11:39 POSTING OF NOV/NOH PO VIA FIRST CLASS MAIL.-HSTOKKE. RECEIVED TELEPHONE CALL FROM MANUEL 03-02- CUERVO, 2011 09:02:14 COMMENT CODE PROPERTY OWNER ON RECORD. HE STATES THAT THE PROPERTY IS NO LONGER HIS AND THAT IT SHOULD BE UNDER A BANK OR TRUSTEE. RECEIVED GOOD SERVICE ON CERTIFIED FOR 03-01- DO NOT USE-CERT ON 04/28/2011 HRG. 2011 08:59:02 HEARING CERT#: 7006 2760 0000 7002 0948.-HSTOKKE PREPARED NOV/NOH TO PO FOR 04/28/2011 02-21- NOTICE OF HRG. 2011 13:22:20 VIOLATION/HEARING CERT#: 7006 2760 0000 7002 0948. PASSED TO DI RECTOR FOR APPROVAL TO MAIL-HSTOKKE RESEARCH REVEALS THAT THE INSTALLATION OF A 4TON CENTRAL A/C UNIT UNDER PERMIT 02-17 08:39:00 COMMENT CODE NUMBER 99102804 HAD NO INSPECTION OR 2011 FINAL I NSPECTI ONS.UNSAFE REFERRAL FORWARDED TO BUILDING OFFICIAL. 1 02-03. 2011 08:19:06 MAKE VIOLATION MAKEVIO RECORDED RODRIGUJ 11-09. 2010 11:43:13 CREATE A CASE COMPLAINT RECORDED BY HUGHESH 10-25- SITE VISIT.'TOOK PHOTOS OF HIGH GRASS 2010 08:18:05 INITIAL INSPECTION TYPE AND WEEDS. http://egovmonroecountyLf.gcr4eGovPl�us/codecode dU.aspx?case no=CE10110062 V4 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 http.//egov.monroecounty<fl.gogeGoNPlus/codelcode cd.aspx?case no=CE10110062 4/4 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) CASE NO. CE13020033 MANUEL FRANCISCO CUERVO,JR ) AND SHERI A. CRUZ T/C ) Respondents. ) ORDER AUTHORIZING FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS 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 day of 20 , at the Marathon Government Center, Marathon, Florida. (John G. an L N ci Magistrate CERTIFICATE OF„ORDER Isere ify that s a true and correct copy of the above Order. µ -co' _. ....- ..._,__ -. le 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 w/ the Monroe ' is Office as referenced bove and/or Authorized Representative County P p on this day of 2014. oun Property Appraiser's a ��icole M. Petrick, L N' iaison BEFUme THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, 1 Petitioner, ) Case No.CE 1 VS. ) Subject Property Real Estate Number: t DooN 1965614 01/17/2014 10:120M Filed & Recorded in Official Records of Respondent(s). j MONROE COUNTY AMY HEAYILIN FINAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or Authorized Representative we ere no present and d 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)Were the owner(s)of property located within Monroe County and wastwere duly noticed of the hearing. (✓ The Respondent(s)islam in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( )The violadon(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED,payable within days of this Order. (w')Pursuant to Section 162.07(2)Of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty(30)days of compliance. Casts will continue to accrue until compliance is achieved and the case is closed. (✓SThe Respondents)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before " ("THE COMPLIANCE DATE"). (.eyln 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 dollar amount of: $ 16 Weill 1965614 BkN 2667 PgN 1640 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation Is/am �._ ...... w._.. hereby ORDERED. (.� It Is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondents)with the cast of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondents)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 cast 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 Respondent(s),a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator.The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest.Please make checks payable to Monroe County Code Compliance and mail to:Monroe County Code Compliance,Attn:Office of the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33050. THE UPPER KEYS O(30 289 ESP10 FOR THE MIDDLE KEYS AR305)292-4495 POR THE ON TO ETERMINE WUgjHgR LOWER EYS. E ERTY IS COMP Y CALLING„900 COMPLIANCE AT Q051453.8806 FOR DATED this a—R u.771..,,.� day of 20 John G.Van'i!i d4wwgrl ?e41,,, Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE13020033 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: CUERVO MANUEL FRANCISCO JR& CRUZ SHERI A T/C 3736 CINDY AVE KEY WEST, FL 33040 DecO 1,965614 BkN 2667 PgN 1641 Location of Subject Property: 3460 TARPON ST BIG PINE KEY, FL 33043 RE NUMBER: 00289000000000 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 hereby certify that this is 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 class U.S. mail to Respondent(s) address of record with the Monroe Count Proper ty p Appraiser's Office as referenced above and/or Auth rized Representative on this day of ,20 _...vco a M. . �........ Ni Petrick, is n PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS 1w1.N�s 1 F m i u � V �Itl�hR�I����de N � 1((2tluzn�arsUtl.�mAw, .w, CD O n W- a) O a O 0 =3 � cl)CD m � w w fQ U1 TO CD 0 W a �w. i Civil Case Detail Information CAK131175 442013CA001 175AO01 KW 10/29/2013 y., r y p Non-homestead Residential Foreclosure $250,000 or Audlin, David J More Plaintiff lnfor�ryiatioiri o I SunTrust Mortgage, Inc F?OD IMER, R LIBECCA N Deferidan't Info rrnafio n CUERVO, MANUEL FRANCISCO MANUEL FRANC, UNKNOWN SPOUSE OF CUERVO,SHERI A SHERI A CUE, UNKNOWN SPOUSE OF TENJ/VqT 1, UNKNOWN TENANT 2, UNKNOWN Off,ter Parties Sctiedi iled Court Appearances )/11/2014 1/1/1900 9,00:00 CA-Pre Trial Conference AM 9/29/2014 1/1/1900 9,30-00 CA-Civil Non JUry Trial/circut AM Docket lnfar'i�ii'iatlon 6/4/2014 Default /JOT ISSUED AS CLERK CANNOT DEF 6/4/2014 Mbtion E-FOR DEFAULT 5113/2014 Notice Of Fflinq ,_,rg note& mtg ,"J'I 3/2014 Summons Returned Servpd E- UNKNOWN SPOUSE OF SHEMAC 5/13/2014 Summons Returned Unserved E-UNKNOWN TENANT 2 hftps://gov.properNnfb.comifl-monroeldetailCiNlCases.asp?case_ley=11327667 1/2 ____............................. ^ . 5M3/2014 Summons Returned Unaened * E-UNKNOWN TENANT 1 513/2014 Summons Returned Served E- MANUELFRANCGCO CUERVOJR 5/13/2014 Summons Returned Unoemad° E-UNKNOWN SPOUSE OF hANUELFR EV13/2014 Summons Returned Served E-SHER|ACUERVO1122.13 4/21/2014 Default^ not issued ma there are noret 4/18/2014 Motion^ E-FOR DEFAULT 4/9/2014 Affidavit OfCosts E 4A9/2014 Notice UfFl|ing ° E-AFFyDAV|TOF iN[)EBTEDNESS 4/9/2014 NonM0ihyryAffidovit E 4/9N2014 Motion^ E-FDROEFAULT 4/0/2014 Dofauit° not issued ao there isnonntu 4/0/2014 i0)Uon For BummaryJudgment E 4/9/2014 Notice CfDropping E 4n/2014 t4obcoOf Filing° E-AMENOEOLP 1/24/2014 Certificate ° Of Borrower Non-Participation 1 1/2U/2O13 Lie Pendene Or* Pg° �rigine|sent to recording 11/20/2013 Summons Issued 11/4/2013 Drder° Setting Cause hor Fho| byCou 11/4/2013 Schaduhng Order Foreclosure 10/29/2013 Summons Gubm�fted for Issuance (E) 1(')/29t3O13 ;wnnmons Submitted for Issuance (E) 10/29/2013 Summons Gubmi#ad for Issuance (E) 10/29/2013 Summons Submitted for Issuance (E) ,8/29/2013 Complaint (�) 10/29/2013 Summons Submitted for Issuance (E) 10%29t2013 Summons Submitted for|asuonce (E) 10/29C2013 �`JoUoe° (E) 10/29/2013 Vaiue of Real PropedyC|aim Form (E) 10/23/2013 ChA| Cover Sheet �8h �F�� d (E) �0/29/2813 Oomp|oint Copyright 00001 Monroe County Clerk o,the Circuit Court. All rights reserved. Q�soLalzmftr m�://gov.propert�nfo.com/fl'nonme(detaiVCiu|C��.asp?caseL..Wrl1327667 212 ^ 5U3/2014 Summons Returned Unsenved E-UNKNOWN TENANT 1 5113/201�4 Summons Returned Served E-k&ANUELFRANC|GCO CUERVOJR 5/13/2014 Summons Returned Unnened ° E-UNKNOWN SPOUSE OF NANUELFR 5/13/2014 Summons Returned Served E-SHER|ACUERVO11.22.18 4/21/2014 Default° not issued om there are nonet 4/16/2014 IvioUon° E-FOR DEFAULT 4/9/2014 Affidavi1CfCosts E 4/9/2014 Notice Oy Filing ^ E'AFFIDAVIT OF �NJOEBTEONE8S 4/9/2014 NonM0iboryAffida�At E 4/9/2014 Motion° E-FOR DEFAULT 4/9/2014 Default^ not issued ao there immor*tu 489/2014 Motion For SummoryJudgment E 419/2014 Notice Of Dropping E 4/1/2014 Notice OfF�|ing ^ E'AMENDED Lp 7%24/2014 CarUfinoby° Cf Borrower Mon-Pardnipabon 11/20/2013 Lis Pendens Or* Pg° original sent torecording 11/20/2013 Summons Issued 11/4/2013 Ondor° Setting Cause for Trial byCnu 11/4/2013 Scheduling Order Foreclosure 10/29/2013 Summons Submitted for Issuance (E) 10/29/2013 Summons Submitted for Issuance (E) 18/29/2013 SUM monoSubm)tted for Issuance (E) 10/29/2013 Summons Submitted for Issuance (E) 18/29/2013 (.,omplaint (e) 10%29/2013 Summons Submitted for Issuance (E) 10/29/2013 Summons Submitted for Issuance (E) 10/29/2813 NnUmy° (E) 1M/29/2013 Value of Real Property Claim Form (E) 10/29/2013 CMI Cover Sheet Filed (E) 10/28/2013 Complaint Copyright oxunn1 Monroe County Clerk o,the Circuit Court. All rights reserved. lNuclairner hdW://gp^propert�nfo.comm'monnoe/detai|Ciwoases.asp?case�_kBy=1132766r 212 ,r l 0 ari . �r /. /.,s. P MR `I i! v >>,',."J 1Pl Monroe County eGovPLUS I VJ a I I I o e I CODE ENFORCEMENT DETAIL Case Number CE13020033 Tenant Case Date 02-07-2013 Add Info 7006 2150 0001 4769 4491 Origination 4-CDF Status L-LIEN CREATED Operator rumbergt Officer CMP PROPERTY ON CASE RE 00289000000000 Owner CUERVO MANUEL FRANCISCO JR$CRUZ S Property Address 360 TARPON ST Owner Address 3736 CINDY AVE City/State/Zip BIG PINE KEY FL 33043 City/State/Zip KEY WEST FL 33040 Phone CASE DESCRIPTION CODE OFFICER OBSERVED TRASH ft DEBRIS UNDER STRUCTURE ........ .. ,.. ............ COMPLAINT CODE ( S ) 1:TRASH VIOLATION CODE ( S ) 1: 21-20.(A)--PREMISES TO BE CLEANED 2: 21-20.(B)- PREMISES... _.. w _. TO BE MOWED INSPECTIONS / EVENTS DETAIL YDAG ��a'.'r: �,�l�L� "Ittl'/�r.'J'. 11,I ��'I'1'� 11; r lU) f,< ., /'e�,1/v,1.1 I',T S 06-27- CASE REVIEW AND INFORMATION PREPARED AND 2014 10:10:42 REINSPECTION FORWARDED TO CAY FOR JULY 16, 2014 BOCC AGENDA FOR FURTHER ACTION. CJM REI N'SPECTION SHOWED LAWN MOWED. COMPLIANT: SECTION 21-20. (B) 06-25 TRASH It DEBRIS REMAIN UNDER THE HOUSE. 2014 12:44:14 REINSPECTION LARGE PILE OF DEAD VEGETATION REMAINS. NON COMPLIANT: SECTION 21-20(A) PHOTOS TAKEN AND ATTACHED. CJM 06-02- 11:18:55 COMMENTCODE ORIGINAL FILE WITH SR. RESEARCH ANALYST 2014 FILED BY MONTH OF LIEN (JAN 2014) 05-29- 2014 11:37:13 ACTION BY LIAISON ORDER MAILED TO PO. http://egov.manroecountyfl.goVeGo�Plus/code/code dB.aspx9case no=GE13020033 114 05-29- 11:36:32 SM GRANTED MOTION TO ORDER AUTHORIZING FORECLOSURE AND/OR 2014 PROCEED MONEY JUDGMENT PROCEEDINGS GRANTED _.._ ... ...... ... .... . m. NOTICE OF HEARING FOR05/29/2014, (RETURNED. 05-16- 16:43:01 UNCLAIMED CERT MAIL ITEM "NOT DELIVERABLE AS ADDRESSED-MOVED, 2014 LEFT NO ADDRESS/UNABLE TO FORWARD" CERT#:7013 1090 0001 5108 9346 CMARTI N REI NSPECTI ON REVEALED THE TRASH Ft DEBRIS REMAINS UNDER THE HOUSE. LARGE PILE OF OS-16- DEAD VEGETATI ON HAS NOT BEEN REMOVED 2014 10:42:51 REINSPECTION NOR HAS THE LOT BEEN MOWED. PHOTOS TAKEN AND ATTACHED. CJM 21-20.(A)(B)NONCOMPLIANT. NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT 05-12- 10:42:16 ACTION'BY ADMIN PROCEEDING& NOTICE OF HEARING FOR 2014 05/29/14 SM HEARING MAILED CERTIFIED MAIL TODAY CERT#7013 1090 0001 5108 .. ......................... .. 9346. CMJ/NP. PER PHONE REQUESTCOPIIES .......ES_...�_ .�.W......_.. .m-...- OF CASE FILES 02-21- CE10110062 AND CE13020033 SENT TO 2014 16:54:08 COMMENT CODE VINCENT EDWARDS @SAFEGUARD PROPERTIES BY LIAISON TODAY VIA EMAI L AP VI NCENT.EDWARDS@SAFEGUARDPROPERTI ES.COM 01-17- SM FINAL ORDER RECORDED WITH CLERK'S 7:37 LIEN ORDER RECORDED MCCO OFFICE CI:ON 01/17/14 DOC# 1965614 BOOK 2667 PAGES 1640-1641. ............. . INSPECTOR LINK REINSPECTED PROPERTY FOR COMPLIANCE.PHOTOS TAKEN. PROPERTY 10-15- 16:05:40 INSPECTORS HEARING NOTES REMAINS UNCHANGED.DEBRI5, HIGH GRASS, 2013 WEEDS AND DEAD VEGETATION REMAINS.. NON COMPLIANCE PHOTOS FORWARDED TO LIASON. CJM 09-26- 09-2 12:51:43 SET FOR HEARING , 2013 109-26- 0 01:44:31 COMMENT CODE .. .. ADDED FINE ON 21-20.(B) 2013 START DATE: 10/12/13 FI NE AMT: 100.00 09-26- 1-11 01:44:11 COMMENT m,... .. ADDED FINEON21 NT COD 20,(A) 2013 START DATE: 10/12/13 FINE AMT: 100.00 20136� 01:43:26 COMMENT CODE - AND CASE 11NUE O ACCRUE ..... ... COSTS UNTIL COMPPLL IANT SM FINAL ORDER FOUND I N VIOLATION AS CITED. COSTS IMPOSED UNTIL COMPLIANT AND CASE IS CLOSED AND FINES IN THE AMOUNT 09-26- 01:41:40 SM ORCEB ORDER OF$100.00 FOR THE CHARGES OF 21-20.(A) 2013 AND 21-20(B)PER COUNT PER DAY IF NOT COMPLIANT BY 10/11/13. NO REVI EW HEARI NG SET AT THI S TIME. NOTE: NO ONE PRESENT AT HEARING. http://egovmonroecounty-fl,go,deGovPlus/codelcode dtl.asp)Pcase no=CE13020033 214 REINSPECTION FOUND NO CHANGE TO PROPERTY.TRASH 8:DEBRIS REMAINS UNDER THE HOUSE, PILE OF DEAD PALM FRONDS 2013 16:11:43 REI NSPECTI ON FOR HEARING REMAIN. LAWN I NSII DE THE FENCE APPEARS TO 2013 BE PARTIALLY MOWED BUT PROPERTY STILL HAS HIGH GRASS AND WEEDS OUTSIDE THE m.,,_. ............ FENCE. PHOTO TAKENS. CJM 09-12- ORIGINAL FILE TO LIAISON AND COPY TO, 2013 10:13:04 COMMENT CODE INSPECTOR FOR 09/26/2013 HRG. CMARTI N 09-10- 16:09:22 POSTING OFNOV/NOW . NOV/NOH 2013 HOUSE IN MA POSTED AT PROPERTY AN.. w....r. D COURT MARATHON. CJM. PASSED POSTING PACKAGE AND ORIGINAL FILE TO INSPECTOR TO POST AND COMPLETE 2013 16:25:46 COMMENT CODE EXHIBITS 013 -CMARTI N .e PER USPS.COM CERTIFIED NOV/NOH RETURNED. 09-09— RETURN TO SENDER NOT DELIVERABLE AS 2013 16:22:44 XXXNOV CERTIFIED RETURNED ADDRESSED UNABLE TO FORWARD. CERT#:7006 2150 0001 4769 4491 _. ... . CMARTI N MAILED NOV/NOH VIA CERTIFIED TO PO FOR 08-23- 10:53:22 COMMENT CODE 09/26/2013 HRG. 2013 CERT#:7006 2150 0001 4769 4491 CMARTI N PREPARED NOV/NOH TO PO FOR 09/26/2013 HRG. 08-16— 11:34:58 COMMENT CODE CERT#:7006 2150 0001 4769 4491 2013 PASSED TO DI RECTOR FOR APPROVAL TO MAIL.-CMARTI N . ..... . _�.... ._.............. ........................... „ 08-12— N G O 09:42:36 REINSPECTION NO CHAE IN PRPERTY. DEBRIS REMAINS. 2013 GRASS UNMOWED. PHOTOS TAKENI.CJM 16:42:50 _REIN5PE ... _...a .. ..... .. 07-12- CTION NO CHANGE. CJM 2013 ..... PREPARED NOV/NOHTO PO FOR 09/26/2013 HRG. 106-20— NOTICE OF CERT#:7006 2150 0001 4769 4491 2013 04:51:37 VIOLATION/HEARING PASSED TO DIRECTOR FOR APPROVAL TO MAIL.—CMARTI N 06-1 4 ECTION .., FOC CHANGE IN PROP NOV. .. 16. 0:28 REiNSPE .PROPERTY. SEND NOV. CASE 0 ADM.CJM _. PLACED CALL TO JAVIER WHO CALLED 05-20— 16:38:24 COMMENT CODE REGARDING THE CLEAN UP. HE HAS SUBMITTED 2013 BID BUT HAS NOT REC'D A RESPONSE FROM SAFEGUARD.CJM 05-13- 15:00:30 COMMENT CODE CHI O IMPROVEMENT. NO NSPECTION SHOWS 2013 ANGEPHOTOS TAKEN _.. , . . ..... ..... .. ., .. REC"D CALL FROM JA. ,.... ..,... ,, VIER.SAFE GUARD GOING TO CLEAN UP LOT. INQUIRED ABOUT 05-03— THE EXPI RED PERMIT. HE WAS DIRECTED TO 2013 15:36:10 COMMENT CODE BUI LDI NG DEPT AND TO NP FOR THE LEIN http://egovmonroecounty-fl.gWeG©vPlus/codeicode dU.aspx?case no=CE13020033 314 INFORMATION. EXCEPTS TO HAVE LOT CLEANED IN A WEEK.CJM COURTESY NOTICE MAILED TO BANK AS NO ACTION FROM PROPERTY OWNER LISTED ON PRC 03/20/2013 CALLED TAX COLLECTOR TO DETERMINE WHO HAS PAID TAXES VALUE TREE REAL ESTATE SERVICE MORTGAGE CO. 04-10- 10:02:50 COURTESY NOV/LTR DIVISION OF SUNTRUST 2013 1001 SEMMES AVE RVW 3116 RICHMOND,VA 23224 "NOTE:ASSIGNMENT OF MORTGAGE LOCATED IN CLLERK OF COURT:MANUEL F. CUERVO SUNTRUST AT SAME ADDRESS LISTED ABOVE ADVISED INSPECTOR MCPHERSON TR 03-20- 13:46:09 COMMENT CODE EMAILED LG,TO DISCUSS CASE BEFORE 2013 SENDING NOV/NOH.CJM 03-14- 11:38:22 REINSPECTION REINSPECTION FOUND NO CHANGE. TRASH Et 2013 DEBRIS REMAINS. PHOTOS TAKEN. CJM ....................... 02-07- ON 02/07/2013 COURTESY N0110E MAILED PER 2013 13:23:05 COURTESY NOV/LTR I NSP MC PHERSON -TR ............................ 2013 12:4 02-07- 0:03 MAKEVIOLATION MAKEVIO RECORDED MCPHERC 2013 09:38:41 CREATE ACASE COMPLAINT RECORDED BY RUMBERGT INSPECTION REVEALED A LARGE PILE OF DEBRIS UNDER AN ELEVATED HOME.THE HOME APPEARES TO BE VACANT AND ABANDONED. PHOTOS TAKEN. CJM RECORDS REVIEW SHOWS ANOTHER OPEN CASE# 02-05- INITIAL INSPECTION TYPE CE101 10062.VIOLATIONS NOTED: 11:25:10 2013 21-20.15 PREMISES TO BE MOWED 6-144.(7)8 INSPECTIONS-FINAL 6-27.(B)H UNSAFE PERMIT INSPECTIONS CO INSPECTOR WINDSOR SEND CN. CASE FILE GIVEN TO TR FOR MAILING .......... .................... ................ Use of this website constitutes your acceptance of the '''I ! i :: : 1[�!11 and terms of use. Your privacy is important to us,for more information see our privacy policy. Copyright 0 2007-THE PLUS SERIES(V-A I I Rights Reserved http.,//egov.rrionroecounty-fl.go,.YeGo%Plus/codetcode—dU.aspx.?case—no=CE13020033 4/4 T Monroe County eGovPLUS ' „ �� i81 liillllllllllllll�ll�lll�llll�i "GI!, ,;.� '�ao„Ni��o)M1A' �� CODE ENFORCEMENT SEARCH RESULTS CE08100196 CUERVO MANUEL FRANCISCO JR 3460 TARPON ST CE10110062 CUERVO MANUEL FRANC 11 ISC01 JR Ft CRUZ S 3460 TARPON ST CE13020033 CUERVO MANUEL FRANCISCO JR Et CRUZ S 3460 TARPON ST Use of this website constitutes your acceptance of the website Osdaimer and terms of use. Your privacy is important to us,for more information see our privacy policy. Copyright®2007-THE PLUS SERIES®-Ali.Rights Reserved httpJ/egov monroecounty-fl.grndeGovPlus/Codelcode—res.aspx 1A1