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Item R6 BOARD OF COUNTY COND41SSIONERS 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 Alexandra Peacock and her property located at 229 Lance Ln., Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13060079. ITEM BACKGROUND: This property has been the subject of a code compliance case for failure to hook up to central sewer. The fines total $18,100.00 as of October 30, 2014 and will continue to accrue at $100 per day until compliance is achieved. CE13060079: The Special Magistrate found the property in violation and ordered a compliance date of May 1, 2014. The property owner did not gain compliance by the deadline ordered by the Special Magistrate and the fine began to accrue on May 2, 2014. 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 and there are no pending foreclosure actions at this time. 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 AMOUNT PER MONTH Year :h7IB/Purchasing APPROVED BY: County Atty Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# 1.0/29/2014. 17 52 FAX �C1C11. 14 If I-AJ 01M G jvv\, � W`' -+LK' ! ��„ �„ �*✓ pay,. r ,� ��s d r'A GY �r+' vwva-t-, c j-�j-k "ry 10/29/2014 17:53 FAX ra 003 7� ympt} g 16 0-�N, L F/ b �� 9✓ T. 5 No-� Vl, Ilk {y � i sy kj �� � �"} t 4 6Q)y LIO F J� x Jc, V. V `..�5"'w;. �d"�_...�,��.,%..n...-yam{ �•..���t}ti.�.+5/`.. .� v`�(�..���'5�., :J"� - . �+"k.:P 1.Lt.�� ./ 140 ._'+�.a..y/�..,'r"(..e d✓Y"t'.`�'t(��"�YV,�.{J�.� � C`'� ✓«„^4�,�F""q 10/29/2014 17:53 FAX 0005 Jul 19"ICE04.150P Alox Poke cook am 86?.0r062# p,21 14 wmn HOME LOANS IN 711E cjRcujT COURT OF'ME 16-ni JUDICIAL CIRCUIT IN AND FOR MONROE.couNry, FLOMDA Cksj---No. ALv-XANDRA PEACOCK AND UNKNOWN SPOUT,OF ALPXANDRA NOTICt OF LIS PENDENS -PEACOCK; 101W DOE AND MARY DOB; SEMETARY()F HOUSING AND URBAN DF.VELOPMEN- T, Defendants, -ro. Defcn&nt�% ALEXANDRA PEACOCK AND VKKNOWN SPOUSE OF AJ,)BXAN1)RA PEACOCK;jOHN DOE,ALAI)MARY DOE; SECRETARY OF H0TJSfNG ,AWE)URBAN pF-VEL0PNffiN'I',and alt those Who it MAY Imcem-- tik 'YOU AJU-NOTIPIED of ills6tuti= Of this*PAiOA by Y"seeking ao foreclosa a mortgage cart tIle th llowing property in MONROE Counb' ,Florida. A.y,,L Or pARCEL ,,A"SAML BEING A PORIJON OV WHOA OF T"ACT "v, AS SDOWN ON TIM PLAT 01F SUNRISE POANT 00 KEY LAI'tGOI AS "Co"ED IN YLAX BOOK 3s PACE 11,OF T)ffE PUB11C ACCORDS Or MONROE COXMTV, n.D10DA, A-" 1EV44r, 1d0" PARTICUhARLY I)ESCRISED AS: T1W- N<)RTHEASIURLY 30 PART OF THE APOREMENTIONM TRAkV uA" &CCO"ING To `MLA klAT OP Prop", ddvess:914 LOBSTWR LANE,XEY LARGO,FL 33037 DATED this 08-Y of July,2010. ,%pEAX AND HOFFMAN,P.A. 9 100 South Dbcie Highway.Suiv-.610 'Wlsmi)Florida (305)67022 IRIS G. Ilr* t?Z FL Bar No.768)62 Received T4e Jul, M' 2010 4.,29PM No- 9257 10/29/2014 17:54 FAX Vj()06 Baptist Health 620o sunset Drive, Suite 120 Miami,FL 33143 Breast Center Tel: 7864562-4715 Fax: 786-M24730 uptistHealth,nat July 29,2014 To whom it MSY OOMOM: Re., Afoxandra POSGOOk DOD: 09/3011060 Please this leftr as an amendment to the letter previously dated June 6'h,2014. please be se accept On August 110,2014. advised the above earned patient is currently sobedulod to have suraefY Following the surgery,slice will need an additional four to six weeks for rOcOvf"- please%el free to contact our ofrice with any questions or concerns, Robert Dethagoplan, M.D. RPD/de 10/29/2014 17:54 FAX QJ 00 7 6200 e8VV 72 Baptist Health MWY)!'FL 3:3143 'To '8-trem, 'quKe Breast Center lea 766-662.47 Fax:'186-662448 BAPTIST HNALTH BOOTH VLOW4A Robert Pad DeMaWpian, ME).F Gladys L Own, MD,F Cdstlna Lout-F)o('iafve(, MD, FA June 5,2014 To whom It may concern, Re: Alexandra Peacock DoS, 09/30/1950 Ms.Peacock is a patient under my medical care who was seen in consultation In March,2023 for a breast carcinoma. She has undergone extensive testing,biopsies and chemotherapy prior to the mastectomy performed on July 10,2013. She also completed her regimen of radiation therapy In January,2014. She Is followed closely by the oncologist. She will return for follow up and examination by me on June 9,2014 and at that time the plan of treatment for further surgery will be discussed.TIhis procedure will probably take place in July,2014. Obviously Ms.Peacock Is under a great deal of stress and is experiencing a lot of anxiety due to hLAy cancer,surgery and treatments. it Is extremely Important she is In a stable environment without any unnecessary problems or situations that may hinder her medical care and outcome of her future surgical procedures which may be multiple. You may contact the office for further assistance If needed. Respe dully, Robert Dorizagoplan, MD. RPD/er 10/29/2014 17:54 FAA 9100's IN THE COUNTY COURT OF TH5 16TH JUDICIAL CIRCUIT OF THE STATE Of FLORIDA IN AND FOR MONROE COUNTY ALEXANDRA PEACOCK, Ploinfiff(s), V. CASE NO. 114-CC-134-P ASHLEY GORMLEY, JON DILLON, A. LAPOLLA Defendcjnt(s). ORDER. SETTIN Q,,—FINAL FWOQb H AJBI� IT IS ORDERED that the above cause has boon set for FINAL HEARING FOR EVICTION before the Hon. W1111am R. ptomey, Jr., at the Plantation Key Courthouse, 88820 Overseas Highway, Tavernier, Florida on We_dnqsd_qy.��N!4. 9f LN FAILURE OF EITHER PA_` O APPeIA ITHER PE Sc NAL ' OR BY AN TTORN9Y C,OVLQ,RgULT.IXTh-E--ENT 9Y !2F A R DISMISSAL- F THE ACTION BY Tge CqqRTt DONE AND ORDERED of Plantation Key, Monroe County, -lorlda this ��ciay of, October, 2O 14, 1AM R. PT JR. COUNTY JUDGE cc., Alexandra Peacock, 910 [-obster Lane, Key I-arg,o, FL - hand delivered in court Ashley Gormley, 229 Lance Lane, Key Largo, FL 33037- via U.S. Mall Jon D. LoPolic, 229 Lance Lone, Key Largo, FL 3�037-via U.S. Mail 1.0/29/2014 17:54 FA 4�1fl to-. -t� i pp}} t E IN THE COUNTY COURT OF T14E 16TH JUDICIAL C111CUIT Of THE STATE OF FLORIDA IN AND FOR MONROE COUNTY ALEXANDRA PEACOCK, fi'lnin4iff(s), � V. CASE NO. 14-CC-134-P ASHLEY GORMLEY, JOHN LAPOLLA, � Defendant(s). k T"IS CAUSE came can for final , vlction hearing before the c-,cx d and birth the fateaintiff rand defendants having appeared and the C01. t having heard sworn testimony and having revlewed{ the court file and being otherwise fully advised in the premises,finds as follows' i ORC EUD AND ADJUDGED 1. That Final Judgment be and the same is hereby entered in favor of Plointitl(s) and F against the Defendant(s) for possession of the premises located at and known as 229 LANCE LANK, KEY LARGO, ► ONROE COUNTY,.I LORIDA,for which let Writ of 1'rassessian issue five (5) days Rom date hereof in accordance with the law. j 2. plaintiff(s) shall have judgrrsent in the amount of $3<135.00, for back rent due in they ornount of$2,050.00, together with service of process fees in the amount of$80.00 together with;f court east,herein taxed in the amount of$20S.00 for all of which let execution issueg��ay DONEQN� ANDORDEREDORDERED tat Plantationley, t+MonroeMonroe County, Floridathis tda Of, f October,2014. ti WILLIA►M R. FTOMEY, JR. COUNTY JUDGF cc;/Alexandra Pewoc:k 910 Lobster Lane, Key l.argo, FI 3 3y � Ashley Gormley,229 Las-ice Lone, Key Largo.FL 3,3037 � Jon I.aPollra.229 Lance Lane, Key Largo, FL=7 � s 1 i A 10/29/2014 17,54 FAX 0610 P,0.Box 40714 L-an$jM&MI U901-7924 (866)654-0020 Office Ndationstar",MOR. ($66)616v-2160 PAX iOAGE Annual occupancy Cerdficate EsiaW of Frederick L Peacock qj() Lobster Lane Key Largo; FL 33037 Account Number: 1015270, Dear Estate of FrederlcX L Peaa"3'6 required to cofirm, on an annual basts, As a requirement Of your reverse mortgage loon,we are please sign where that the properly which seaffle$your mortgage Is still your primary Mdenceo envelope or irax It to us at(866) Indicated below and return this letter to us in the enclosed a wriftn explanation and 616,2160, if the property is not your PrImOrY reo"M please provide return It in the envelope:provided, advise us of any absences from your property that As a reminders it is your responsibility to exceeds two (7-)months. Properly Address: 910 LobsWr Lane Key Largo, FL 33037 (our) principal residence, I(vve)hereby Oar*tipI(we)Occupy the property noted above as MY 1001 of 11tia -or e Unftd states It a cdM of Inal the united S t� wIIW utlywarnin false statement or msreprMntation to any department or agency ernment as to an matter W hln'lts U11 10 Borrower Signature Required Borrower Signaftwe Required (if apoicable) if you would like to give permission to us to discuss YOur account with anyone Aer thao ywrself ($on, Daughter, etc.), Please OoMpWe the section below. Please note that complefing this Khanna number Address—. Reladomhlp to If you have any questions, please feel free to Oil us at(s66)654.0020,Tfonk You- Natlonst3r"aae LLC is a debt coIkK;tor,This IS an attempt to collect a debt and any Information obtained will be used for that purpose, However, If You are curra*in bankruptcy or have received t discharge In bankruptcy, this communication IS not 8A eftemPt to collect a debt from YoV Personally W the extent that It is mcluded in your bankruptcy or has bw discharged, but is provided fbr Informational purposes only. BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAC RATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, ' �/� �� -/yp Petitioner, l Case No.CE fZ_-- Z/ I vs. I I Subject Property Real Estate Number. i I Dacll 1983008 05/29/2014 9:20AN i Filed & Recorded in Official Records or MONROE COUNTY AMY HEAVILIN Respondent(s). FIItIAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)andfor witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondents)andfor Authorized Representative ono present and didldid not contest the violations)set forth in the Notice of VtoladonlNotice of Hearing which is Incorporated herein as if fully set forth. (,411 Respondents)is/am the owner(s)of property located within Monroe County and waslwere duly noticed of the hearing. („ The Respondent(s)islare in violation of the Monroe County Code(s)as fully set forth in the Notice of ViolationNotce of Hearing served upon the Respondent(s). ( )The violation(s)is found to be irreparable or irreversible and a one-time fine of S Is ORDERED,payable within days of this Order. (,,�Pursuanl 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. (v Codes)referred shall comply with the Co referred to in the Notice of Violation/Notes of Hearing on or before r / 7 (-THE COMPLIANCE DATE'). (yfln the event the vioiation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN,tines)in the dollar amount of: $ IRO a� q2 � � a© l/ Q lc' lJ Vacq 1983088 Skill! 26816 Pgp 1267 _ for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondents)islare in violation is/are hereby ORDERED.. (Wit is further ordered,that the County is hereby authorized to make all reasonable repairs including demdlitlan 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 prosecullon incurred by the County and any tines Ordered In this matter. ( ) The Respondents)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violation7Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondents)shall pay the total amount of cost andlor firm($ I to Monroe County Code Compliance within thirty(30)days of this Order. ( ) In the event of nonpayment of fines andlor costs imposed on Respondent(s),a certified copy of this Order may be recorded in the public records and shall thereafter constitute a Ilion 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 Ilan remains unpaid for three months andlor may sue to recover money judgment for the amount of the Ilan 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. R PST R Ir]ILrrY TO REQUEST A REINSK09111TO WERMINE WHETHERDE C M L T91IN 4&IUS FOR THE UPPEg KEYS•(305)211 10 FOR THE MIDDLE_KEySn(3o5i -41 THE LQW11119M. /C DATED this�—day of, a/( 2 doh 6.Van Laninghem, pedal Mayo e Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE13060079 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: PEACOCK ALEXANDRA Doc# 1993008 910 LOBSTER LANE Bkp 2686 Pg# 1268 KEY LARGO, FL 33037 Location of Subject Property: 229 LANCE LN KEY LARGO, FL 33037 RE NUMBER: 00564147003200 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. LZ4/,e /406/�- 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 cla S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative " a A on this Ord day of ore,( ,20 /3 "04 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.: CE13060079 ALEXANDRA PEACOCK, ) } 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 day of 20/ , at the Marathon Government Center, Marathon, Florida. John G. an Lamn agistrate CERTIFICATE OF ORDER �hereb ertify that thi 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 w/the Monroe County Property -------------- Appraiser's Office as referenced above and/or Authorized Representative on this day of , 20 . 6. Nicole M. Petrick, Liaison