Item R8 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2014KL Division:County Attorney
Bulk Item: Yes XX No — Staff Contact Phone#:Lisa Granger 305-292-3470
AGENDA ITEM WORDING:Authority to initiate litigation against Jorge Diaz and his two properties located at
714 Largo Rd.,Key Largo and 710 Largo Road,Key Largo,Florida,arising from code compliance case numbers
CE 13050117 and CE 13050116.
ITEM BACKGROUND: These properties are the subject of two separate code compliance cases for failure to hook
up to central sewer. The properties are compliant. However fines accrued because compliance was not achieved on
or before the compliance date ordered in either case. On case CE13050117 the fines total $4,400 and costs total
$321.21. On case CE13050116 the fines total$6,200 and costs total$374.69.
CE13050117: The Special Magistrate found the property in violation and ordered a compliance date of January 1,
2014. The property owner did not gain compliance by the deadline ordered by the Special Magistrate and the fine
began to accrue on January 2, 2014. The County's lien was recorded on March 26, 2014. The code case gained
COMPLIANCE on February 15,2014 which was 44 days after the compliance date.Fines,in the amount of$100 per
day accrued from the compliance date until compliance was achieved. However the code case remains open for
failure to pay outstanding fines and costs. The Special Magistrate authorized further collection actions on October
30,2014.This subject property is homesteaded(714 Largo Road)and there are no pending foreclosures at this time.
CE13050116: The Special Magistrate found the property in violation and ordered a compliance date of January 1,
2014. The property owner did not gain compliance by the deadline ordered by the Special Magistrate and the fine
began to accrue on January 2, 2014. The County's lien was recorded on March 4, 2014. The code case gained
COMPLIANCE on March 5, 2014 which was 62 days after the compliance date. Fines in the amount of$100 per
day accrued from the compliance date until compliance was achieved. However the code case remains open for
failure to pay outstanding fines and costs. 'The Special Magistrate authorized further collection actions on June 26,
2014.This subject property is not homesteaded.
On August 7, 2014 the County extended settlement offers to Mr. Diaz but he has failed to accept or pay on the
offers.
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 money judgment on the homesteaded property and
foreclosure on the non-homesteaded property; given the fine amount in this case,a collection action could be filed in
county court with a filing fee of$300 plus service costs.
2. Allow the lien 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 filing suit(option 1)against the property owner,the subject property and any other
property owned by the property owner.
PREVIOUS RELEVANT BOCC ACTION:N/A
CONTRACTIAGREEMENT CHANGES:N/A
STAFF RECOMMENDATIONS: Initiate litigation
TOTAL COST,$1000,0 INDIRECT COST: BUDGETED: Yes X No_
DIFFERENTIAL OF LOCAL REFERENCE:
COST TO COUNTY: ---SOURCE OF FUNDS: 148-50001-530318
REVENUE PRODUCING: Yes 0- AMOUNT PER MONTIJ_ Year_
APPROVED BY: County Airy B/Purchasing— Risk Management_
DOCUMENTATION: Inclu Yes
Not Required
DISPOSITION: AGENDA ITEM#
BEFG. THE COUNTY CODE COMPLIANCE SPECIAL M. iSTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA,
Petitioner, I Case No.CE leeS";011 7
VS.
Subject Property Real Estate Number:
Doc# 1974054 03/26/2014 9:48AN
Filed & Recorded in Official Records of
MONROE COUNTY ANY WEAVILIN
Respondent(s).
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Compfiance Inspector(s)and/or witnesses under oath,the following Findings of Fact and
Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative wer re present and di id no
contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth.
(4The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(.,(The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s).
( )The violation(s)is found to be Irreparable or Irreversible and a one-time fine of$ is ORDERED,payable within—days of this Order,
(4pursuant 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,rfhe Respondent(s)shall comply with the Code(s)referred to in the Notice of ViolationlNotice of Hearing on or before ("THE
COMPLIANCE DATE-).
(uKr 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: $ —7 4 a 0
Doeft 1974054
BkN 2676 Pg# 1870
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/am hereby ORDERED.
(.l 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
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 Respondents)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 andlor 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.
IT IS THE RESPONDENT(S)RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPER ISCOMPLNNT EkC`AbLING CODE COMPLIANCIAT(3051453-8806 FOR
THE UPPER KEYS:(305)289-2810 FOR THE MIDDLE KEYSD(305)292-4495 FOR THE LOWER KEYS.
DATED this -771 day of 2013
Jo G Van Laningham-Soecial Magistrate
Page 1 of 2
FINAL ORDER PAGE 2
CASE NUMBER: CE13050117
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
DIAZ JORGE
714 LARGO ROAD DocV 1974054
KEY LARGO,FL 33037 Bku 2676 Pga 1871
Location of Subject Property:
714 LARGO RD KEY LARGO
KEY LARGO, FL 33037
RE NUMBER: 00535500000000
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.
C�-�, A,-WA&5r,
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 / ftg_glaw U.S. mail to Respondent(s) address of record with the Monroe
County Property Appraiser's Office as referenced above and/or Authorized Representative
G on this o?S day ofPOE
Nicole M. Petrick, Liaison
PAGE 2 of 2
MONROE COUNTY
OFFICIAL RECORDS
i
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
}
Petitioner, }
VS. } Case No.: CE13050117
JORGE DIAZ, }
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 20 at the Marathon
Government Center, Marathon, Florida.
aD
an Laningham
agistrate
CERTIFICATE OF ORDER
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 w/the Monroe County Property
Appraiser's Office as referenced above and/or Authorized Representative
on this day of OL± , 20
/0 Z eo
"11
,
Nicole M. Petrick, Liaison
BEFO&HE COUNTY CODE COMPLIANCE SPECIAL M /TRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, I
Petitioner, I Case No.CE
I
VS. I
Subject Property Real Estate Number:
I Doc# 1971181 03/04/2014 2:16PR
Filed & Recorded in Official Records of
I MONROE COUNTY AMY HEAVILIN
I
I
Respondent(s). Doc# 1971181 FINAL ORDER Bk# 2673 Pg# 16$1
Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and
Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative , We re not 'resent and di id not
contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth.
(✓f The Respondent(s)is/are the owner(s)of property located within Monroe County and wastwere duly noticed of the hearing.
(, The Respondent(s)Were in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s).
( )The violation(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED,payable within days of this Order.
(of 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.
(vef The Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before ('?HE
C P7LIANCE 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: $
.
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby._ y 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
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 Respondent(s)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 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.
R IS THE RESPONDENT'S RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT 05 453.8806 FOR
THE UPPER KEYS 305 Z89.2810 FOR THE MIDDLE KEYS 30 292-4495 FOR THE LOWER KEYS.
DATED this ._..—day of Lt� 20
SJohnn Lanin ial
Page 1 of 2
FINAL ORDER PAGE 2
CASE NUMBER: CE13050116
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
DIAZ JORGE
714 LARGO ROAD
KEY LARGO,FL 33037 Doc# 1971181
BkN 2673 PgN 1682
Location of Subject Property:
710 LARGO RD KEY
KEY LARGO, FL 33037
RE NUMBER: 00535480000000
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 Appraiser's Office as referenced above and/or Authorized Representative
on this day of 20 .
Nicole M. Petrick, Liaison
PAGE 2 of 2 MONROE COUNTY
OFFICIAL RECORDS
r
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
)
Petitioner, )
vs. ) Case No. CE13050116
)
DIAZ JORGE, )
)
Respondent. )
)
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 074 day , 20 at the Marathon
Government Center, Marathon, Florida.
John G an Laning am
Magistrate
CERTIFICATE OF ORDER
I he by ce that this is 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 O fice as referenced above and/or Authorized Representative
on this 7W day of , 20 .
Nicole M. Petrick, Liaison
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE13050116
Property Location: 710 LARGO RD KEY, KEY LARGO, FL 33037
Parcel ID: 00535480000000
DIAZ JORGE
714 LARGO ROAD
KEY LARGO, FL 33037