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Item R5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 18 2014 KL Division: County Attorney Bulk Item: Yes X No Staff Contact Phone#: Lisa Granger 305-292-3470 AGENDA ITEM WORDING: Authorization to initiate litigation against Jose and Mirta Gonzalez and Elena Morejon R/S and their property located at 16 Pigeon Dr., Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13040158. ITEM BACKGROUND: This property has been the subject of a code compliance case for failure to hook up to central sewer. The fines total $33,200.00 as of October 30, 2014 and will continue to accrue at $100 per day until compliance is achieved. CE13040158: The Special Magistrate found the property in violation and ordered a compliance date of December 1, 2013. The property owners did not gain compliance by the deadline ordered by the Special Magistrate and the fine began to accrue on December 2, 20�13. The County's lien was recorded on May 29, 2014. The code case remains open for non-compliance and failure to pay outstanding fines and costs. The Special. Magistrate authorized further collection actions on October 30. 2014. The property is not homesteaded. Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's lien on this property are:. 1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and writ of execution; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and/or 3. Reduce the amount of the fines. County staff recommends initiating litigation (option 1) against the property owner for injunction, foreclosure, money judgment and writ of execution.. PREVIOUS RELEVANT BOCC ACTION:N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Authorization to initiate litigation. TOTAL COST: Appx.$2500.00 INDIRECT COST: BUDGETED: Yes X No.,, DIFFERENTIAL OF LOCAL REFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148-50001-530318 REVENUE PRODUCING: Yes 14M3/Purchasing AMOUNT PER MONTH Year APPROVED BY: County Atty Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# BEFOG rHE COUNTY CODE COMPLIANCE SPECIAL M. .iSTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, 1 Petitioner, I Case No.CE VA24r' i VS. I Subject Property Real Estate Number: Doc* 1983003 05/29/2014 9:17AN —Filed a Recorded in Official Records of I MONROE COUNTY AMY HEAVILIN Respondent(s). _ I. Dock 1983003 FINAL ORDER BkN 2686 P9N 1257 Having fatly considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or Authorized Representative werehoi present and did d not contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth. (V�The Respondent(s)islare the owner(s)of property located within Monroe County and waslwere duly noticed of the hearing.. ( The Respondents)is/are in violation of the Monroe County Code(s)as fully set forth In the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( )T e violations)is found to be irreparable or Irreversible and a one-time fine of$ is ORDERED,payable within days of this Order. ( Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance Is achieved and the case is closed. (t/rhe Respondent(s)shall comply with the Code(s)referred to in the Notice of ViolationlNotice of Hearing on or before 6Z41�i�? ("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 dollar amount of: $ ?—La) -* zo- , o for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)islare in violation is/are hereby ORDERED. (*6 is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of prosecution mcurred 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 Respondent(s)shall pay the total amount of cast and/or fines($ )to Monroe County Code Compliance within thirty(30)days of this Order. f ) 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 andlor 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. i' IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTYX GOMPLIA BY GALL C PLIANC 305 453-8606 FOR THE UPPER KEYS:13051289.2810 FOR THE MIDDLE KEYS:(305)292.4195 FOR THE LOWER KEYS. , DATED this 7'day of 1P 20 J_qhpjY Van Laningham.SDecial Magistrate Page t of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE13040158 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: Doe# 1963003 GONZALEZ JOSE,GONZALEZ MIRTA Bk# 2686 P9# 1258 & MOREJON ELENA R/S 16 PIGEON DR KEY ALRGO,FL 33037 Location of Subject Property: 16 PIGEON DR KEY LARGO, FL 33037 RE NUMBER: 00532701030000 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 / firsts U.S. mail to Respondent(s) address of record with the Monroe County Property ,Appraiser's Office as referenced above and/or Authorized Representative 'yG on this o?,5 day of 4:7c2t,4g4,— ,20 /3 Nicole M. Petrick, Liaison PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. Case No.: CE13040158 JOSE GONZALEZ, MIRTA GONZALEZ and ELENA MOREJON Respondent(s). 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 a 20 at the Marathon Government Center,Marathon, Florida. John G Van Laren am am L aMagistrate CERTIFICATE OF ORDER I b ertif thaWs3is a true and correct copy of the above Order.il. 0 W 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 /fggS1MsU.S. mail to Respondent(s) address of record w/the Monroe County Property Appraiser's Pffice as referenced above and/or Authorized Representative on this 30 T* day of 20 1 Or--f 4.- L Nicole M. Petrick, Liaison