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Item R9 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 18 2014 KL Division: County_Attorney Bulk Item: Yes XX No Staff Contact Phone I#:Lisa Granger 305-292-3470 AGENDA ITEM WORDING: Authorization to initiate litigation against Jerome Pfahning and his property located at 6633 Maloney Avenue, Stock Island, Florida, to gain compliance with the County Code and to pursue collection of outstanding code fines. ITEM BACKGROUND: This property has been the subject of numerous code compliance cases since 2005 for various violations including: failure to properly connect to the central sewer system; failure to maintain the property in a clean, safe and sanitary manner; trash and debris; unsafe and abandoned trailers, vehicles and vessels; and habitation in recreational vehicles without the necessary permits, inspections and approvals. The fines from all 3 code cases total$4,224,800 as of November 3,2014 and will continue to accrue until compliance is achieved. The property owner has not gained compliance. Recent inspections have shown the property to be in worse and deteriorating condition. There is more trash and debris, more unsafe trailers and the property still is not connected to the central sewer system. In its current condition, the property represents a threat to the health, safety, and welfare of the community. The code cases remain open for non-compliance and failure to pay outstanding fines and costs. The owner has declared one of the two lots has his homestead for taxation purposes. There are no pending foreclosure actions at this time. Under the policy adopted in Resolution No. 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 on the non-homesteaded lots, money judgment on the homesteaded lot 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: None 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: N/A COST TO COUNTY: SOURCE OF FUNDS: 148-50001-30318 REVENUE PRODUCING: Yes N AMOUNT PER MONTH Year APPROVED BY: County Atty AMOUNT Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# 0 q w,p p C!b C!) CO lin to " ° �' p iG ggj co pz a C� go 035 " � r ppiau Cu men G 9to y OFF / K mo ux to Own fYU "i`I r li / spy / r 00 i/ C/7YI A z al Oq cc ✓ � y1 C7--4 != 11 fl ' /� GrY M;,7 ou�f ', i II�7��i� �/�i kill :.,. own C)ctwo -J W MMMM O O F I / > C„?C7 I I ua%� rr ' y r "' %r / J CO yG COIL RR co P7 nm 0 c J co z z CC) F n%ors�4� ' 31 co 0 Cw3 :1: / r rZZTclm 94 C rn q wxm G/ri ,1 uuuu a �° ° rr 0 to M0 a m /i' ,o oil r i yr y, // �i y' 0 /ir r w / , ax In Ws CL 1 /� / rMT to mn cz, r C c M / .a) „C_3 t7'C �m 0) � 13 T 0 In dco m CO m 0 � gn Cr7 00 Y rT1 4 � � q V1 'I 0 -00 Cam) Vrl 110,F %r 10 m 32 C") co 00 nn 2z cp C 0 `C7 ,Jerome Pfahning 6633 Maloney Ave Stock Island 1 /09/14 ylf; k/A w , � It fa wx"r`iii , q rrr//i �iri I��i /%�� , ,.,,, w /rir�nri»ur/o��r»»arr�iiirii,,�/�rnlnhnrrlrrfrr� /it �r w u !r� I t fi, ��,�Y'Y%r�✓�I�I�A�J//' ora w�0 d i/tuY n1,�4r,�ir ,7f�`GN %%/r / ..,r.)Kf1Jwl Jerome ing 6633 Maloney AveStock Island 10/09/14 Yf( rii rig/ ,n r n� J, iF/1lf r C',ode 17,L1forc LTt rL(.Detail 1 age 1 of 3 O uflbffr ), ),0,1 4 1 ,19 AM P'Av Af.«mW ,difI('I I'( f"ofie.:y Monroe County eGovPLUS CODE ENFORCEMENT DETAIL _ Case Number I <;....._..._._ .._._„ . Tenant � .... n Case Date 11 2CI"I6 Add Info Origination Status L,. LIEN TREATE6 Operator dcawLi rt,_.w_ - off ic r KW PROPERTY ON CASE RE 3R ICI ' Owner AHNLN t IFRCDME Property Address 6633 M -ii AVE C(Dr 4 Owner Address 11D41 SW 46I"H ST City/State/tip STOCK ISLAND M m � City/State/zip MIAMI FL�3316 473i�� P'hrrrra .� .._. __ ._.. CASE DESCRIPTION PROPERTY WITH UNSAFE TRAILER,TRASH AND DEBRIS ABANDON VEHICLES Ct ABANDON VESSELS, LIVE ABOARDS R-VS WITH HABITATION AND PLACED ON PROPERTY WITHOUT PERMITS. VIOLATION D 1: 19-129(A)(R)(C)(D) --TRUCKS/TRAILERS/RVS 2: 19.95--ABANDONED VEHICLES 3: 19-96--ABANDONED WATERCRAFT 4: 5.5•16(8)(1) --MOORING OR DOCKING OF LIVE•A-II 5:6-4(A)(C) ._UNSAFE BUILDINGS Et MAINTENANCE 6:8-17(A),._PREMISES TO BE CLEANED 7:9,5-111(1)-- BUILDING PERMIT REQUIRED 200C 6.11.29 10:19:38 SPOKE WITH DOF1 IN REGARDS TO THE LICENSING OF A R-V PARK AND T[IEY HAVE IN FORMED ME THAT THERE'S A POSSIBILITY THERE COULD HAVE BEEN ONE IN THE 1960"S BUT THERE ISN'T ONE AT THE PRESENT TIME, CANNOT LOCATE ONE ON FILE. NOR LICENSED AS A MARINA. PROPERTY OWNER DOES OBTAIN OCCUPATIONAL LICENSES FROM THE 1970'S FOR THESE USES. I ALSO HAVE A COPY OF THE PRE•APP MEETING LETTER OF UNDER STANDING FOR THE:PROPERTY RE:00132370 Et RE:00132280 SHOWING NO SUCH INFORMATI ON WAS LOCATED EITHER IN THERE INVESTAGATION OF THE PROPERTY, littp:Hegov.nionrOCCOL111ty-fl.gov/cGovPlus/co /code--. ti.aspx?cMa ..,,,,ti l =.C:E06110 10/15/201 Code Enfclrcenient Detail Page 2 of 3 IN 1%7 PERMIT#14246 INDICATES THAT ................................. ......... ... .... ........................... THE PERMITING OF 9 TRAILERS TIED DOWN. COPIES ARE IN CASE FILES. ND INSPECTIONS / EVENTS DETAIL D/iT 1 INSP€°CTR'JN/£.YINT'TYPF i NS T IsLICTIONS i,:WMAC,'FS 12.10.2013 08:33:24 COMMENT CODE FILES IN DEMO DRAWER-SHORT CABINET 04 12 2012 16:59:24 COMMENT CODE PC FROM MR. PFAHNING. ENCOURAGED HIM TO . ................................. CALL NANCY AND GAIN COMPLIANCE. PREPARING BOCC AGENDA ITEM FOR 03-10-2012 12:28:48 COMMENT CODE COLLECTION AND/OR FORECLOSURE FOR APRIL FOR ALL 3 CASES COLLECTIVELY MAILED 14-DAY COURTESY LETTER. 03.10.2012 12:28:12 COURTESY NOV/LTR FINES TO DATE=1,272,342.30 COSTS TO DATE 2542.30 03-09-2012 12*27*32 COMMENT CODE RECIEVED ORIGINAL FILE BACK FROM CA OFFICE IN KW KAT COPY OF THIS FILE AND CE06110238 12-11.2007 12:26:41 COMMENT CODE. REQUESTED BY GINNY STONES AND SENT BY KAREN BASS 11-29-2007 21:30:12 SENT FILE TO COUNTY ATTY TURNED OVER TO ATTY FOR COLLECTIONS SM GRANTED AUTHORIZATION FOR MC TO 11-29-2007 12:29:20 SM OR CEB ORDER INSTITUTE COLLECTION AND/OR FORECLOSURE ACTION. 05.08.2007 12:30:59 LIEN ORDER RECORDED MCCO LIEN ORDER RECORDED MCCO DOC 1641694 BK 2292 PG 1827 04-05-2007 17:09:04 COMMENT CODE ADDED FINE ON 9.5-111(1) START DATE:03/23/07 FINE AMT: 100.00 04 0b 2007 17:09:04 COMMENT CODE ADDED FINE ON 8-17(A) START DATE: 03/23/07 FINE AMT: 100.00 04-05-2007 17:09:04 COMMENT CODE ADDED FINE ON 6.4(A)(C) START DATE: 03/23/07 FINE AMT: 100.00 04-05-2007 17:09:04 COMMENT CODE ADDED FINE ON 5.5-16(B)(1) START DATE: 03/23/07 FIDE AMT: 100.00 04.05.2007 17:09:04 COMMENT CODE ADDED FINE ON 19-96 START DATE:03/23/07 FINE AMT: 100.00 04.05-2007 17:09:04 COMMENT CODE ADDED FINE ON 19.95 _ START DATE:03123/07 FINE AMT: 100.00 04-05-2007 17:09:04 COMMENT CODE ADDED FINE ON 19.129(A)(B)(C)(D) START DATE:03/23/07 FINE AMT: 100.00 03-29-2007 09.17:11 LIEN ORDER RECORDED MCCO LIEN IMPOSED c $100.00 PER COUNT PER DAY 03-22-2007 12:00:38 REINSPECTION FOR HEARING 03-09.2007 12:00:29 COMMENT CODE LIEN RECORDED 02/22/07 FOR 100.00 BOOK PAGE 02.22-2007 12:00:46 XXXFINDING OF FACT VIOLATION$100 ADMIN COST RES ON FINES 03/22/07 COMPLIANCE 03/29/07 HEARING 01.25-2007 14:43:51 CASE CONTINUED NO ACTION CONTINUED TO 02/22/07 01-18-7.007 10:16:52 REINSPECTION FOR HEARING NOT COMPLIANT. ND NOTICE OF VIOLATION AND NOTICE OF 01-12-2007 12:30:10 POSTING OF NOV/NOH HEARING WAS POSTED AT SUBJECT PROPERTY, POSTED AT COURTHOUSE,MAILED 1ST CLASS MAIL AND HAND DELIVERED TO PO. 01-05-2007 11:28:46 DO NOT USE-CERT ON HEARING RETURNED REFUSED POST 11-30-2006 14:09:32 SENT TO DIRECTOR FOR REVIEW SENT TO DIRECTOR TO REVIEW AND FORWARD JOE PASKALIK FOR UNSAFE REFERRAL 11.29-2006 09:57:46 COMMENT CODE SENDING TO MARTINA TO SET UP FOR HEARING.ND 11-29-2006 09:56:56 REFERRAL TO BUILDING OFFICIAL SENDING REFERRAL TO BUILDING OFFIGAL FOR UNSAFE. ND 11.29.2006 09:46:35 CREATE A CASE VIOLATION RECORDED DOWLINGN _ I)ttp.//egov.tiioni-oecou.city-fl.gov/e(,Jovl'lus/code/code; dta.aspx`?case—no=C E06110238 10/15/2-014 Code Enforcement Detail pw),e 3 of 3 06-26-2006 09:55:59 INITIAL NSPECTION TYPE SITE VISIT AND TOOK PHOTOS,NP, Use of this website constitutes your acceptance of the wy 4L$itc di?U!Eljlinel arid Your privacy is important to us,for,rnore information see our adyacv rrolyc� Copyright 0 2007-THE PLUS SERIES 0-All Rights Reserved littp://e&,Ov.monroecounty-fl.gov/CGOVI)Ius/code/code-,dtl.asl)x?case-no=CE06110238 10/15/2014 Code Enforcement Detail Page I of 3 O trrk,m 15, 20 4 1 I„41 AM Mr/o co(t(I1 [ Ito Privacy P"A)(",( Monroe County eGovPLUS, loan Ap antJo FNc.wl1) __- _Ca011tc�l9..tJ)s ............. �):�1wua CODE ENFORCEMENT DETAIL Case Number ' Tenant. r Case Date CT i 2C1fT6 Add Into Origination r 1 I�FiC 7I akLL Status El -I.I-Id C�iW�Llf Operator lakorn Officer rK PROPERTY ON CASE RE CTb owner Property Address 'Y°AV 1-naor Address 11141 SW 46 rH ST� City/State/zip FSTc)CK ISL.AND^ City/State/2iP___L ......... �IAMI FLmJ_1bs 47 2 _W g Phone SEWER NOT HOOKED UP PROPERLY„ RAW SEWAGE ON THE GROUND. ELECTRICAL.WIRE EXPOSED, TRASH AND DEBRIS ABANDON VEHICLES AND VESSELS. LIVE ABOARDS, R-VS WITH HABITATION, PLACED ON PROPERTY NO PERMITS. COMPLAINT C1 S 1:OTHER VIOLATION VIOLATION C 1: 19.129(A)(B)(C)(D)--TRUCKS/TRAILERS/RVS 2: 19.95•-ABANDONED VEHICLES 3: 19.96.,ABANDONED WATERCRAFT 4: 5.5-16(11)(1)--MOORING OR DOCKING OF LIVE-A-B 5:6-4(A)(C) -- UNSAFE:BUILDINGS&MAINTENANCE 6:8•17(A) -- PREMISES TO BE CLEANED 7:9.5.111(1) --BUILDING PERMIT REQUIRED NOTES 2006-04-17 13:49:19 MR.MILLER WORKS FOR BLUE SKIES PLUMBING AND NOTICED THE SEWER PROBLEM 2006.05-11 14:14:56 SITE VISIT WITH WALT JENKINS ELECTRICAL. INSPECTOR REGARDING EXPOSED WIRES.TOOK 2006.05-11 14:15:34 SENT"A REEF"ERAL TO D014 REGARDING SEWER SPILLING ON TO GROUND.ND 2006-05-11 '14:15:59 SENDING REFERRAL TO JOE P TO SIGN FOR UNSAFE WIREING. ND 2006.05.11 14:17:52 WILL At-SO SEND A NOV TO PHYSICAL ADDRESS FOR SERVICE ISSUES.MR PFAHNING RESIDES http:// go v.F"Iionrc:> G;G)urit -fl. (:)v/e(lov )ltLs/coCie/cG1de....dtl.i1spx?c,a sc._.TTGf C"E060401 7 10/15/2014 Cade Enforcement.Detail Page 2 Of 3 ON PHYSICAL PROPERTY.ND INSPECTIONS / EVENTS DETAIL 11tl%"r E IYti tiI"4'(:;"I 3f i f/#FLEE','( f"Y€'q,r INSTRUCTIONS/(wC)MMEN fS 12-10• 08:34:14 COMMENT CODE FILES IN DEMO DRAWER-SHORT CABINET 2013 06.18- 15:04:45 COMMENT CODE CALLED MR PFAHNING, NANCY HAS NOT HEARD 2012 FROM HIM, HE WILL CALL ME TUESDAY. PC FROM MR,PF'AHNING, ENCOURAGED HIM TO CALL NANCY AND GAIN COMPLIANCE.1 EXPLAINED TO HIM THAT HE NEEDS TO SPEAK TO NANCY AND BRING THE PROPERTY IN 04.12• COMPLIANCE,INCLUDING THE SEWER ASAP. 2012 17:02:07 COMMENT CODE AND WHEN HE'S IN COMPLIANCE HE CAN CALL. ME AND WRITE A LETTER TO LISA ABOUT FINES,BUT HE HAD TO ACHIEVE COMPLIANCE FIRST. I TOLD HIM I WOULD HOLD OFF ON ANY COLLECTION ACTION"FOR A LITTLE FIT" BUT NOT FOR LONG,THESE CASES ARE VERY OLD. 03-10 _ PREPARING BOCC AGENDA ITEM FOR 2012 11:52:10 COMMENT CODE COLLECTION AND/OR FORECLOSURE FOR APRIL FOR ALL 3 CASES COLLECTIVELY 03.10, MAILED 14-DAY COURTESY LETTER. 2012 11.51:12 COMMENT CODE FINES TO DATE=1,272,342.30 COSTS TO DATE=2542.30 RESEARCH REVEALS 1. FENCE PERMIT 071-2.988 HAS EXPIRED W/O REQUIRED INSPECTIONS. CE05020266 FOR FAILURE TO HOOK-UP TO 03-10- 2. SEWER REMAINS IN VIOLATION.THIS 2017 11:33:51 REINSPECTION PERMIT INCLUDES SEWAGE ON GROUND. 3. PERMIT 091.4778 WAS FOR MINIMAL EMERGENCY ELECTRIC REPAIRS AND DID NOT COVER THE SCOPE OF WORK FOR COMPLIANCE W/ ELECTRICAL VIOLATIONS ON THIS CASE, 03-09- 11.15:51 COMMENT CODE RECIEVED ORIGINAL FILE BACK FROM CA 2012 OFFICE IN KW-KAT 12-11 w COPY OF THIS FILE AND CE06110238 200`7 11:17:43 COMMENT CODE REQUESTED BY GINNY STONES AND SENT BY _. KAREN BASS 11 29- 2007 21:2939 SENT FILE TO COUNTY AM TURNED OVER TO ATTY FOR COLLECTIONS 91 29 SM GRANTED AUTHORIZATION FOR MC TO 2007 11:25:33 SM OR CEB ORDER INSTITUTE COLLECTION AND/OR FORECLOSURE ACTION. 11 13 MOTION FOR COLLECTIONS-HEARING NOTICE 2007 11:23:30 POSTING OF NOV/NOH -WAS POSTED AT SUBJECT PROPERTY,POSTED AT COURTHOUSE AND MAILED 1ST CLASS MAIL 08.01- LETTER RECEIVED BY PEDRO MERCADO FROM 2007 11:18:33 COMMENT CODE PO IN FILE 05-03- 11:16:27 LIEN ORDER RECORDED MCCO LIEN RECORDED MCCO DOC 1641695 BK 2292 2007 PG 1829 04.05• 17:07:08 COMMENT CODE ADDED FINE ON 9.5-111(1) 2007 START DATE:03/23/07 FINE AMT: 100.00 04-05- 17:07:08 COMMENT CODE ADDED FINE ON B-17(A) 2007 START DATE:03/23/07 FINE AMT: 100.00 04.05- 17:07:08 COMMENT CODE _ ADDED FINE ON 6-4(A)(C) 2007 START DATE:03/23/07 FINE AMT: 100.00 04-05- 17.07:08 COMMENT CODE ADDED FINE:ON 5.5-16(B)(1) 2007 START DATE:03/23/07 FINE AMT: 100.00 http:HeL,Yov.niotiroccounty-f].gov/e(,Tovl'lus/code/codc_citl.asp ?case—no-=CE06040127 10/15/2014 Code I nforceinent Detail Page 3 of 3 04-05 17:07:08 COMMENT CODE ADDED FINE ON 19.96 2007 START DATE:03/23/07 FINE AMT: 100.04 G4-05- 17:07:08 COMMENT CODE ADDED FINE ON 19.95 2007 START DATE:03/23107 FINE AMT: 100.00 04-05- 17:07:08 COMMENT CODE ADDED FINE ON 19-129(A)(B)(C)(D) 2007 START DATE:03/23/07 FINE AMT: 100.00 03.29- 09.16:12 LIEN ORDER RECORDED MCCO LIEN IMPOSED C $100.00 PER COUNT PER DAY 2007 03-09- 13:29:44 COMMENT CODE LIEN RECORDED 02/22/07 FOR 100.00 2007 BOOK PAGE 02-22- 13:34:54 XXXFINDING OF FACT VIO. $100 ADMIN COST COMP.03/22/07 2007 HEARING 03/29/07 . .. ....................................... . . . 02.27-_ VIOLATION RESERVED ON FINES$100 ADMIN 2007 13:29:54 XXXFINDING OF FACT COSTS COMPLIANCE 03/22/07 HEARING 03/291 07 01-25- 14:44:28 CASE CONTINUED NO ACTION CONTINUED TO 02/22/07 2007 01.18- 10:15:29 REINSPECTION FOR HEARING 2007 NOTICE OF VIOLATION AND NOTICE OF 01-12- 11:26:27 POSTING OF NOV/NOH HEARING WAS POSTED AT SUBJECT PROPERTY, 2007 POSTED AT COURTHOUSE,MAILED 1ST CLASS MAIL AND HAND DELIVERED TO PO. 01.05. 11,28:19 DO NOT USE-CERT ON HEARING RETURNED REFUSED POST 2007 12.07- 10:15:29 SENT TO LIAISON 2006 05-12- 14:20:14 REFERRAL TO BUILDING 2006 OFFICIAL 05-12- 14.19:36 REFERRAL TO DEPT OF HEALTH 2006 05-11- 13,58:31 MAKE VIOLATION MAKEVIO RECORDED DOWLINGN 2006 04.20- 14:18:16 INITIAL INSPECTION TYPE SITE VISIT AND TOOK PHOTOS, ND 2006 04-17- 13:48:38 CREATE A CASE COMPLAINT RECORDED BY LAKEM 2006 Use of'this website constitutes your acceptance of the rP silrr 1is ii ier and terms of use. Your privacy is important to us,for more information see our rrivxcv policy. Copyright 0 2007-THE PLUS SERIES 0-All Rights Reserved litipJ/e ov.monroecounty-fl.gov/eGovPlus/code;/code__dtl.aspx?case—no=-C 06040127 10/15/2014 Q rd tik�a r i�.r, 2,W4 I'1'4tt' AM A r mit I Di^>t,LMIIN P,W,IC Y 11ch:'", Monroe County eGovPLUS I W i�)_ri.A.l F e f d;q o i n _ CODE ENFORCEMENT DETAIL _ Case Number` � 2 6' ------] Tenant Case Date Cl2 16 2CN15� � Add Info 7pD4 116C1 C7CID 7Q93 6788 Origination 5 REFERRAI Status L" LIEN CREATED^mm Operator do kirr,N� of F PROPERTY ON111i CASE RE k' Owner` rrAIIIIC C �� rr Owner Address [11 W4H" TEEN.....µ�Property Address 66 3MO YV .. City/State/Zip STOCK ISLAND rL:' _.._... 4 City/State/Zip MIAMI rL JEi1-a-473 Phone E___..__.._�.. CASE DESCRIPTION SEWER CONNECTION VIOLATION CODE(S) 1: 15.5-21 -,O,CONN CTION O C N ACC'` C) T° S 2005-08-18 17:50:38 08/18/05 MR PrAHNING ARRIVED AT MY OFFICE THIS AFTERNOON REQUESTING AN CONTINUANCE, I EXPLAINED TO HIM MY POSTI ON WITH THE CASE,AND ADVISE HIM TO BE AT HEARING,THAT IMS REQUEST WOULD BE: suBmirrED AT HEARING.AND rr WOULD BE UP TO THE SPECIAL MAGISTRATE TO MAKE:THAT DECISION.ND INSPECTIONS / EVENTS ET" AID. D "'i"N I'"WE' 41 PI[C i"°II:; 1 f I1:Vtlr11`0 °11 YpII� 1111,61 IIa�kUC�"I"IONS /COMME t4 LS 12-10-2013 08:34:43 COMMENT CODE FILES IN DEMO DRAWER-SHORT CABINET 04-12-2012 17:00: 3 COMMENT CODE PC FROM MR. PrAHNING. ENCOURAGED HIM TO CAM_NANCY AND GAIN COMPLIANCE. PREPARING BOCC AGENDA ITEM FOR 03-10.2012 10:43:25 COMMENT CODE COLLECTION AND/OR FORECLOSURE FOR APRIL FOR ALI.3 CASES COLLECTIVELY MAILED 14-DAY COURTESY LEI-TER, 03.10-2012 10:42:22 COMMENT CODE FINES TO DATE-233,200.00 COSTS TO DATE 1328.20 03-09-2012 10:45:57 REINSPECTION STILL NO CONNECTION PERMIT OR PERMIT APPLICATION 03.09- 012 10:25:12 COMMENT CODE RECIEVED ORIGINAL FILE BACK FROM CA OFFICE IN KW-KA"I` COLLECTIONS AUTH, BY SPECIAL MAGISTRATE lit;t :/ egov,tiio Ir titit - . ov/ lovl:>lu / car / ode,,,dt .aspx? , ..... 1 Q/1 / 014 Code Enforcernent Detail Page 2 of 2 03.09-2007 11:49:59 SENT FILE TO COUNTY ATTY ON 02/22/07 SENDING FILE TO ATTY. FOR COLLECTINS PURPOSES, 07-21-2006 12:08:41 SENT FILE TO COUNTY ATTY SENDING FILE TO ATTY TO BEGIN COLLECTION PROC. 02-02-2006 10.24:22 LIEN ORDER RECORDED MCCO LIEN RECORDED MCCO DOC 156417E BK 2184 PG 143. 01-26-2006 14:49:01 ORDER SENT TO MCCO FOR REC NOT COMPLIANT.SM ORDERED LIEN RECORDED 01-19-2006 15:52:13 REINSPECTION FOR HEARING 12-07-2005 11:51:28 COMMENT CODE ADDED FINE ON 15.5-21 START DATE. 10/21/05 FINE AMT: 100.00 12-01-2005 15:51:30 LIEN ORDER RECORDED MCCO LIEN IMPOSED. TO REHEAR 01/26/06 11-23-2005 15:20,21 REINSPECTION FOR HEARING 11-01-2005 09:56:05 SENT TO LIAISON _ RESCHED.TO 12/01/05 DUE TO STORM SM FOUND IN VIOLATION, SCHEDULED REVIEW 10-04-2005 16:52:14 COMMENT CODE HEARING 10-27-2005. ORDERED COMPLIANCE DATE OF 10-20-2005 FOUND IN VIOLATION$100 ADMIN COSTS 09-29-2005 15.19:35 XXXFINDING OF FACT $100 X DAY IF NOT COMPLIANT BY 10/20/05 HEARING 10/27/05 MR.PFAHNING CALLED, HE IS UNABLE TO ATTEND HEARING, STUCK IN SEBRING. CAR WONT RUN,PHONE IS BROKEN HAS NO ACCESS TO A FAX MACHINE, I TOLD HIM SOMEONE NEEDED TO BE HERE TO REPRESENT HIM(AN 09.26-2005 15:03:48 COMMENT CODE ATTY), IF HE COULD NOT BE PRESENT. HE STATED HE HAD NO ATTY. I TOLD HIM I WOULD PASS THE MESSAGE ALONG TO'THE INSPECTOR AND TO THE SM. IT WOULD BE UP TO THE SPECIAL MAGISTRATE AS TO WHETHER WE HEAR THE CASE OR NOT. 09-23-2005 14:27:54 REINSPECTION FOR HEARING NO PERMITS. ND 08-25-2005 14:27:38 CASE CONTINUED NO ACTION CONTINUED TO 09/29/05 08-18-2005 14:05:53 REINSPECTION FOR HEARING NO PERMITS,NO CONNECTION ND 07.2E-2005 14:05:36 CASE CONTINUED NO ACTION CONTINUED TO 08/25/05 07.21-2005 18:50:29 REINSPECTION FOR HEARING NO PERMITS,NO CONNECTION ND 07-20.2005 19*38:17 SENT TO LIAISON SENT TO LIA A REQUEST FOR CONTINUANCE 06.27.2005 10:17:40 SENT TO LIAISON SCHED FOR JULY 28TH 2O05 06-24.2005 18:16.59 SENT TO DIRECTOR FOR REVIEW FILE SENT TO LIAISON 04-08.2005 09.47:14 COMMENT CODE PREPARED POSTING, 04-07-2005 11*14:30 XXXNOV CERTIFIED RETURNED CERT. RET.NO SERVICE UNCLAIMED, 03.04.2005 10:20:35 NOTICE OF VIOLATION/HEARING NOV SENT TO PROPERTY OWNER W/LETTER 02-16.2005 16:46:58 COMMENT CODE SENT TO MARTINA TO NOV. ND 02.16-2005 16:46:19 INITIAL INSPECTION TYPE' INVESTAGATION AND INFO SENT TO CODE ENF FROM KWRU FOR VIOLATION,ND 02.16-2005 16:44:58 MAKE VIOLATION MAKEVIO RECORDED DOWLINGN 02-16-2005 16:44:51 CREATE A CASE COMPLAINT RECORDED BY DOWLINGN Use of this website constitutes your acceptance of the web.i.e 6s claimer said terms cif use. Your privacy is important to us,for more information see our priyAL f' Lo icy. Copyright Q 2007-THE PLUS SERIES 0-All Rights Reserved http://c gov.jnonaroccounty-fl.gov/eGovPlu�s/cede/cede_dtl.aspx?case—I•o==CE05020266 10/15/2014 County of Monroe Growth Management Division Office of the Director ryA Board ofC'ountw Commissioners 2798 overseas High%cat via�or Gorge Neugcnt, fist. Suite/14C9t� ' �hq Mayor Pro Tern Sylvia J. Murphy, D7ist, 5 Marathon. tr, .3i)5{l� 1 Kim Wigington, fist. I Voice (3€15)2 9-2517 F 1leather Carruthers, fist.3 FAX: (305,p 289-2554 Mario Di Genrtaro,Dist.4 We striae drr be caring,professional and fair September 3, 2009 Jerome Pfahning P.O. Box 2765 Stock. Island, FL 33045 Mr. Pfahning: The intention of this letter is to respond to your request for clarification and assistance regarding your property located on Stock Island and having real estate number 00132370 & 00132380. Thank you for your letter dated August 14, 2009 updating me on the status of your ongoing dilemma with bringing your property into compliance with Monroe County code and making me aware of your concern regarding the Planning Departments Letter of Understanding dated April 4, 2005. As you know your property is currently the subject of code enforcement ease numbers CE06040127 CI061102.38. Pursuant to our last conversation you and I discussed the need for a clarified listing of outstanding violations on your property and the remedy for those violations. Following our conversation I instructed Ms. Fonda Norman, Code Enforcement Director, to provide you a letter detailing the violations and the requested remedy for each violation. Ms. Norman's letter dated July 10, 2008 is attached for you review. Following receipt of your recent request l again revisited the content of this letter with Ms. Norman and found that none of the items listed have been corrected. Ms. Norman's letter lists 13 actions to be taken to resolve outstanding violations. According to your letter the County's Special Magistrate has heard your two (2) cases and found violations in each case. The Special Magistrate also allowed ample time for you to take corrective action and avoid a daily fine for failure to comply by a very generous compliance date. Unfortunately, you failed to take these actions or were unable to do so and the Special Magistrate felt compelled to levy a daily fine in an effort to encourage you to comply as soon as possible. In your recent request for me to assist you a reduction of fines is requested or mentioned. I am unable to alter the orders or findings of the Special Magistrate after they are rendered in a case. However, the Special Magistrate will set a total fine due when your cases are determined to be in compliance with County codes. County staff will encourage the Special Magistrate to be lenient with this total fine if you earnestly strive for compliance and achieve it as soon as possible. I encourage you to do all that you can to complete the tasks outlined in the attached letter from Ms. Norman. Please let her know if you have any questions regarding completing these actions. Your letter primarily questions the findings of the Planning Departments Letter of Understanding dated April 4, 2005. 1 have reviewed the findings of this letter and can find no cause for change. The letter evaluates the history of the property as well as the history of any structures to determine legality of those structures and thus provide you with an accurate description of redevelopment potential given the current codes and land use district. The Planning Department conducted a site visit on January 28, 2005 and found that your property contained 12 pads for mobile homes and recreational vehicles and housed nine (9) recreation vehicles and one (1) mobile home. Based on the historical data the Planning Department certified that the property is entitled to two (2) permanent market rate units and. four (4) transient recreational vehicle units. You are also entitled to two (2) other permanent residential units however, due to density limitations of the site you will be required to transfer these two (2) units off site as affordable housing. You have also questioned the current land use designation. of urban residential mobile home (URM). Again I can find no evidence that would support that this designation was made in error. If w.)u would like to pursue a change in this designation you are welcome to apply. I do not encourage you to incur this expense as I do not feel that the change would be successful, I suggest that you pursue correction of all outstanding code violations and consider replacement of the units onsite which have been found legal and meet the allowed density of the [JRM district, I hope you find this letter to be an acceptable response to your inquiry. Please feel free to contact my office if you should have any additional questions or concerns. Sincerely, Andrew Omer Trivette Growth Management Division Director Attachments. Plarming Department LOU dated April 5, 2005 Norman letter dated July 10, 2009 AOT/ms Cc: Ronda Norman, Sr. Director Code Enforcement Department Lisa Granger. Assistant County Attorney Susan Grimsley, Assistant County Attorney Townsley Schwab, Sr. Director Planning and Environmental Resources 71 -0-0 ml —� BOARD OF COUNTYME R Mayor Maria Di Gennaro, District 4 Mayor Pro Tem Charles"Sonny"McCoy, District 3 U T`w"`jo 'MONROE Dixie M. Spehar, District t OCKEY WESTFLORIDA 33040 � George Neugent, District 2 1305)294-4641 Sylvia I Murphy, District 5 r Monroe County Code Enforcement 2798 Overseas Highway � Marathon, FL, .3 3050 (305)289-2810 Office (305)289-2536 Fax 1 July 10, 2008 Mr.Jerome Pfahning 11041 Sly`46°h Street Miami, FL. 33165 RE: Code Cases CE06040127&CE061 10238 Dear Mr. Pfahning, As we discussed, below is a list of the corrective actions to be taken by you in order to bring your property into compliance and to stop the accrual of daily tines: 1. Connection to the sewer system. 2. Remove all trash and debris, specifically items stored in between mobile homes, large scrap wood pile, rope, palettes, buoys,tarps, old furniture, hurnt debris from trailer fire, steel,cones, and wooden porch structures. 3. Remove or license and make operable all vehicles, boat trailers, vessels, step vans, water craft, pontoon boats,and sail boats currently being stored in the corner of the property. 4. Cargo containers require a permit, inspections and approvals. 5. The mobile home repaired with plywood requires a permit and final inspections. 6. The electrical work completed on the train service and in mobile home has been deemed "unsafe"and requires a permit and final inspections, 7. The zoning of this property(URM)requires a permit for the permanent placement of RV's for habitation. 8. Recreational' vehicles may not be used as storage sheds, 9. Recreational vehicles may not be used for habitation. 10. Storage of RV's has riot been apprew;d by Monroe County and must cease, 11, Rental of RV spaces is not an approved use and must cease. 12. The mooring and docking of live a board vessels,construction or repairs to floating structures and marina type uses has not been approved by Monroe County and must cease. 13. Remove all extension cords running power to various areas of the property. I hope this letter provides the information needed to assist you in bringing your property into compliance. If you have any questions,please feel free to call me. Hest Regards, �IrmanCPM, Sr. Director, Code Enforcement Cc: Andrew 0. Trivette, Division Director, Growth Management Cynthia Hall. Assistant County Attorney l r P NN�NG DEPAC2TM8EN Suite i[i' T � BOARD �COUNTY CO�LINI Ss6DNFIR 278 overseas Highway o �" � Mayor Dixie M.Spehar,District I 79$ ve �" � " Cvtayor Pro Tean,Charles McCoy,District 3 Marathon,Florida 00 Comm.Murray E.Nelson,District 5 Voice:(305}ZS9.Z5dD Cgrnm,George Neu,gent,District 2 FAX (30S)2$4-253& Comm, David P.Rine,District 4 April 4, 2005 Jerome Pfahning P.O. Box 2765 Stock Island, FL 33045 SUBJECT. PRE APPLICATION MEETING LETTER OF UNDERSTANDING FOR REAL ESTATE NUMBER .00132370.000000 AND 100132380.000000) STOCK ISLAND, Dear Mr. Pfahning: Pursuant to Section 9,543 of the Monroe.County{Code, this document shall constitute a letter of understanding. On January 25, 2005 a pre-application conference regarding the subject parcels was held in the Monroe County Planning Department in Marathon. Attendees at the meeting included Jerome Pfahning (hereafter referred to as the "applicant"); and Heather Beckrnann,'Planner, Andrew Trivette, Senior Biologist, and Aref Joulani, Senior Administrator of Development review and Design (hereafter collectively referred to as "Staff' for the Planning Department). Materials presented at the meeting included: 1) Pre-application conference request form; and 2) Letter written by Mr. Pfahning to Heather Beckmann dated December 20, 2004; and 3) Property Record Card for Parcel 00132370 and 00132380 dated 11/30/2004; and 4) Existing Site Utilization Plan drawn by Mr. Pfahning for lots 3 and 4, Waters Edge Subdivision darted 12/20104; and 5) Proposed town house development drawn by Mr. Pfahning for lots 3 and 4, Waters Edge Subdivision dated 12/20/04; and +6) Monroe County Occupational Tax. At the pre-application meeting, the following items were discussed: T. The applicant is interested in removing the various structures on site and building town homes with twelve(12) snits. Page I of 7 2. According to the Property Record Card, the size of the combined properties is .52 acres or 22,500 square feet. The properties are physically located at 6633 Maloney Avenue, lots 3 and 4 of Waters Edge Subdivision, Stock Island, Monroe County, Florida. The Real Estate Numbers are 00132370,000000 and 00132380.00000�0. 3. Warranty Deed Record 436 Page 236 verifies that Jerome and Ellen Pfahning purchased this property on June 5, 1969. 4. The property is in the Urban Residential Mobile (URM) land use district. The future land use district is Residential High (RH). 5. The applicant claims that the proposed units are ROGO exempt. Administrative Interpretation 03-108 provides a consistent method to determine the amount of lawfully established units for properties entitled to ROGO exemptions. The goal is to determine that the units were on site in 1990, the year the 1990 census was counted and used to determine the number of existing residential units, which is the basis of ROGO. The lawful establishment test is composed of two Tiers of review. The first Tier entails a review of permit history from the Division of Growth Management for the units and/or floor area. ► Building Permit History o Permit#14246 issued on June 15, 1967 for nine (9)trailer tie downs a. This permit was issued for the applicant's lots (3 & 4) and lots 1,2 and The second Tier of review may be used to establish that the property was lawfully- established if a permit or other Growth Management approval is not available. This Tier includes the following: • Aerial Photographs showing existence of the dwelling unit structure prior to 1986- and • County property record card showing the existence of the unit prior to 1986; and • Utility records that show the use being served; and • The use could have been a permitted use prior under the pre-1986 zoning of the property; and • Occupational Licenses(1986 to 1991)if available. The results from this information for this parcel are outlined below: Aerial photographs show units, but the amount is unclear. Each year, the, amount of units varies as well as their configuration; and 1990 County Property Record Card indicate that the lots were vacant from 1984-2001. During 1982 and 198'), the properties had a 02 (mobile home)designation; and Electric records for one account, and Page 2 of 7 0 Florida Keys Aqueduct Authority found one (1) meter on Lot 4 with a start date of August 1988; and 0 The Pre-1986 zoning classification was RU-3- multifamily residence and the 1990 zoning classification was URM-Urban Residential Mobile Home. 0 Occupational License history under the name of Treasure Island Park for trailer park service and marine service dating back to 1970. Mobile home and RV parks require additional information and include the following.- • Mobile home parks surveys taken in the 1980's and 1990's by the County; and • Health Department Licenses; and • Demolition permits. The results from this information are outlined below: • Monroe County Mobile Home Count of 1988 0 Three(3) mobile homes and one (1) recreational vehicle for a total of four(4); and • Monroe County List of RV Parks dated on February 19, 1992 0 No results; and • State of Florida Department of Health Permit 0 No results under the name of Jerome Pfahning;and 0 1999 Code Enforcement Violation for "people living in trailers on Site with no water or sewer". Pictures included showed three (3) mobile: homes and two (2) RV's on site; and 0 Site visit confirmed Mr. Pfahning's claim that there were 2 cess pits on site. 6. In addition, Staff conducted a site visit on January 28, 2005. Staff found twelve (12) pads, eight (8) electric outlets derived from one (1) electric box, two (2) water hoses with attachments to serve ten(10) hook-ups. In addition, the site contained nine (9) RV units, a mobile home, a van, and a boat. It appeared that three (3) units were inhabited, while the other units were being used as storage. 7. Finally, Mr. Pfahning wrote a letter to Heather Beckmann dated February 11, 2005, Enclosed was a letter from John M. Kaminski verifying twelve (12) mobile homes were located on the subject parcels in the late 60's, approximately 1967. & Staff believes the site was operating as a RV park for twelve (12) RV's during the 60's. However, the lack of twelve water and electric meters, sewer hook-ups, and the vacant Property Record Card PC code from 1984-2001 indicate that the site has been used as a RV park while many of the pads have been used for storage purposes, not habitation. 9. In conclusion, the previous evidence supports four (4) units on the property in 1990, all of which were transient in nature. Section 9.5-4 defines a transient residential unit as a dwelling unit used for transient housing such as a hotel or motel room, or space for parking Page of a RV or travel trailer. The historic use of the property has been a RV park, as evidenced by Mr. Pfahning'g testimony and occupational licenses. 10. The applicant has the following redevelopment options: i. Replace two (2) permanent market-rate units on site, and transfer two (2) affordable housing rights off site, or ii. Rebuild four(4)transient RV units on site. Option i- a. Pursuant to Section 9.5-268 of the Monroe County Code (MCC), the owners of land upon which a dwelling unit or a mobile home, but not including transient residential units exists shall be entitled to one (1) dwelling unit for each such unit in existence. The amount of transient residential units that may be replaced with ROGO exempt permanent units is determined by the land use district's allocated density. b. Pursuant to Section 9.5-262, the allocated density for the URM land use district is one (1) unit per lot. The applicant owns two (2) lots, and can therefore replace the transient units with two (2) permanent units; one(1)per lot. c. The URM land use district restricts the type of residential uses to mobile homes, RVs and detached residential. Therefore, the applicant may build two (2) permanent mobile homes or detached residential units. d. The density requirement and Section 9.5-120.4 (b) requires the two (2) ROGO exempt units be transferred to a receiver site as affordable housing. In order to transfer off-site, a pre-application conference and at a minimum, a Minor Conditional Use permit shall be required for both the sender site and the receiver site. Further, the criteria of Section 9.5- 120.4 of the MCC must be met. Option ii- a. RV's are a permitted use in the URM zoning district. Therefore, the applicant has the option of maintaining a RV park with up to four (4) transient units. Section 9.5-120.6 prevents the units from being transfer-red off-site and rebuilt as a hotel or motel. 11. The following side yard setback requirements (Section 9.5-291) apply to lots over fifty (50) feet wide in the URM 'land use district; i, Front, I O ii. Side: 10 for one, and at a minimum 5 for the other iii. Rear: 10 The front yard setback shall be measured at a right angle from the property line and is determined by the address of the parcel and,the community character. Page 4 of 7 12, Regardless of-the option chosen by the applicant, the following parking requirements apply; i. Option 1-two (2) single family dwelling units- I. Two (2) units per lot-- Four(4) parking spaces; or ii. Option ii-Four(4) transient units- L One (I) space per pad=Four (4) parking spaces. 13. Pursuant to Section 9.5-283, no structure or building shall be developed that exceeds a maximum height of thirty-five (35) feet. 14. The property is not located adopted Air Installation Compatible Use Zones (AICUZ) map. According to the proposed Air Installation Compatible Use Zones (AICUZ) map, the property is located in Noise II Zone, The suggested land use compatibility chart within the AICUZ manual suggests that residential development is a discouraged use in the Noise 11 Zone with the disclaimer that if the community determines this use to be allowed, measures should be incorporated into building codes to achieve Noise Level Reductions. 15. According to the Flood Insurance Rate Map (FIRM),panel 1728, the flood designation is AE-10. Pursuant to Section 9.6-317b(1) of the MCC,the lowest floor of modular, single or multi-family units shall be elevated at or above base flood elevation. Enclosed areas on the lowest floors shall be enclosed with opaque limited to two-hundred ninety-nine (299) square feet and restricted to limited storage, parking of vehicles and elevators. Any remaining portion of an enclosed area of more than two-hundred ninety-nine (299) square feet shall only be enclosed with screen or lattice. 16. Based on the current land use designation for these parcels of URM and that of the adjacent parcels to the northwest and the southeast of URM-L, a land use district boundary buffer shall be required should redevelopment occur. A class "B" land use district boundary buffer shall be required along the north western property line of lot 3 and along the south eastern property line of lot 4. These buffers shall run the entire length of the property lines, 150 linear feet. Staff recommends that the minimum width of ten (10) feet be used. This will require a total of eight (8) canopy trees, three (3) understory trees and thirty (30) shrubs be planted within the buffer area alorig both property lines, 17. As stated above the applicant must provide parking in amounts to be determined by the type of project. In either option presented above the total number of spaces required shall not be equal to or exceed six (6) and shall therefore not require parking lot landscaping. However, the applicant shall provide I street tree per 100 feet of road frontage. This will require two (2) canopy street trees, one per lot within the front setback of the property, 18. A shoreline setback of twenty (20) feet shall apply and shall be taken from the mean high water line. This is based on the shoreline being a filled shoreline adjacent to a mani-nade basin, canal or channel. This setback shall apply to the principal structure including any Pacre 5 of 7 C, attachments such as a porch or stairwell, Within this setback an open space requirement of forty (40%) percent shall apply. 19. A stormwater management plan shall be supplied with any application for development approval. This plan shall indicate that stormwater shall be based on the amount of impervious coverage and shall be retained on site using best management practices as outlined by the Monroe County Stormwater Management Handbook, 20. The current edition of the United States Fish and Wildlife Habitat Listing for Monroe County does include this parcel as habitat which requires coordination upon application for a building permit. This means additional coordination with the United States Fish and Wildlife Service will be required to obtain building permits on this parcel. If this property is subject to a conditional use approval the Planning Commission is empowered under Section 19.5-63 to modify or deny any application based on their review of the appropriateness of the proposed development within the context of surrounding properties and compliance with the LDRs and 2010 Comprehensive Plan. In Section 9.5-65 the Planning Commission and the Planning Director are required to consider all aspects of the development, impacts on the community and consistency with the goals, objectives and standards of the plan and LDRs before granting conditional use approval, approval with conditions or denial of a project. Therefore, the intensities, densities and possibilities•for setback waivers detailed in this LOU are subject to the Planning Commission and/or the Planning Director conditional use review and approval. Pursuant to Section 9.5-43 of the Monroe County Land Development Regulations (LDRs), you are entitled to rely upon the representations set forth in this letter of understanding as accurate under the regulations currently in effect. This letter does not provide any vesting to the existing regulations, if the Plan or LDRs are amended the property andior project will be required to be consistent with all goals, objectives and standards at the time of development approval. The Planning Department acknowledges that all items required as a part of the application for development approval may not have been addressed at the previous January 25, 2005, and consequently reserves the right for additional department comment. The information provided in this letter may be relied upon, with the previous disclaimers, for a period of three years. The Planning Director upon the request of the landowner may review and reaffirm the representations set forth in this letter for an additional period of time. Page 6 of 7 We trust that this information is of assistance, If you have any questions regarding tile contents Of this letter, or if we may further assist you with your project, please feel free to contact our Marathon Office at(305) 289-25K Sincerely yours, K. Marlene Conaway, Director Planning and Environmental Resources CC: Ervin Higgs, Property Appraiser Timothy J. McGarry,AICP,Director of Growth Management Aref Joulani, Senior Administrator of Development Review Andrew Trivette, Senior Biologist Ronda Norman, Director of Code Enforcement Heather Bcckmann, Planner Page 7 of 7 DocN 1564178 02/02/2006 11:36AM Doc# 1564178 Filed & MONROE COUNTY Recorded DANNY in iL. KOLHAGE Records of BkN 2184 Pg# 143 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF MONROE COUNTY,FLORIDA MONROE COUNTY,FLORIDA Petitioner, VS. CASE NO.CE05020266 JEROME PFAHNING Respondent(s). ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on September 29P 2005, after due notice to the Respondent(s), at which time the Special Magistrate heard testimony under oath, received evidence, and issued his Order finding the Respondent(s)in violation of Monroe County Code Section(s): §15.5.21(a). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by October 2e 2005, and further, that failure to correct the violation(s) by the compliance date may result in a fine $100.00(ONE HUNDRED DOLLARS) per day, being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on December 1" 2005, Inspector Dowling testified that the violation(s)had not yet been corrected: ACCORDINGLY, the Special Magistrate finding that the violation(s) had not been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS), per day, beginning October 21�` 2005, and for each and every day thereafter that the violation(s) exists) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: LOT 3, WATERS EDGE PBI-184, STOCK ISLAND, MONROE COUNTY,FLORIDA (RE:00132370-000000) Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the Courts for Monroe County,Florida. W i DocK 1564178 Bkq 2184 P94 144 That upon complying, the Respondent(s) shall notify the Code Inspector in this case, who shall reinspect the property and notify the Special Magistrate of compliance. DONE AND ORDERED this — y of December, 2005, at the Monroe County Government Regional Center,Marathon,Florida. BY J•Jrf tr verby,Esq Codewent Special •strate STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally, appeared J. Jefferson Overby, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. SS my hand and official seal in the County and State last aforesaid this —0ay of December,2005. Nota Public My GWMWW oD33W? QV Ex"Juan 26.2= I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished b .S. Mail, to the Respondent(s) at 11041 SW 46 h St.,Miami,FL 33165-4732, this y of December 5. ZA IL e a ify thisb doc m e gi S n .Bass, i hereby ce rrect cop a nforcement Liaison true a d V< a t„ sass to the gpOCiai Master OFFICIALOUNTY RECORDS Fiecor ink Secretary 11/2 i : BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE05020266 Petitioner. VS. JEROME PFAHNING Respondent FEBRUARY 22ND 2007 Inasmuch as a Code Enforcement lien, which is incorporated herein, have been on file in the official records of Monroe County for more than 3 months without being satisfied, this tribunal, pursuant to F.S. 162.09(3), hereby authorizes the Monroe County Attorney's office to institute civil actions to foreclose on said liens and/or to recover money judgments for the amounts of the individual liens plus interest and costs. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this day of March,2007. Larryl Sakfin Code Enforcement Special Magistrate t STATE OF FLORIDA COUNTY OF LEON I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of March,2007. Notary Public Elma Williams Commission#DD481642 Expires December 2,200'.� 11siNso aonded Troy Fain insurance Inc 80D-385-701.1, 2 rj BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE J.JEFFERSON OVERBY MONROE COUNTY,FLORIDA MONROE COUNTY,FLORIDA, CASE NO. CE05020266 Petitioner. VS. JEROME PFAHNING Respondent(s). FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on September 29u`2005 ,and the Special Magistrate,having reviewed the evidence, heard testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the premises, makes the following findings of fact, conclusions of law and order as follows: FINDINGS OF FACT AND CONCLUSIONS OF.UAW 1. That the Respondent(s) is/are the owners of record of property located at LT 3,WATERS EDGE,PB1-I84,STOCK..ISLAND,MONROE COUNTY,FLORIDA ( Y323'70- ) 2. That the Respondent(s)was/were duly noticed of this hearing; and 3. That the above-named property is in violation of the Monroe County Code as more particularly described in Exhibit"A", which is attached hereto and incorporated herein. Therefore it is ORDERED AND ADJUDGED that: A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to comply with the provisions of said codes by October 20 2005. A compliance 1 review hearing will be held on October 27a'2005. B. Upon complying,Respondent(s) shall notify the Code Inspector in this case who shall re-inspect the property and notify the Code Enforcement Department of compliance. C. Noncompliance by the above date will result in the imposition of a fine, $100.00 (ONE HUNDRED DOLLARS)per day, for each day thereafter that Respondent(s) is/are in violation. D. Pursuant to Florida Statutes Section 162.07,a fine in the amount of$100.00(ONE HUNDRED DOLLARS) has been levied for the administrative recovery for prosecution and investigation. E. In the event of nonpayment of fines/liens imposed, a certified copy of an order imposing a fine 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(s). F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to appeal, you must do so no later than thirty(30)days from the date of this Order. Failure to timely file a written Notice of Appeal will waive your right to appeal. NE O EREID at the Marathon Government Regional Center, M 'on,Florida, this day of 005. -)ill. � J. Overby STATE OF FLORIDA Cade Enforcement SiiialMagistrate COUNTY OF MONROE II HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments,personally appeared J.JEFFERSON OVERBY,personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this�ay of A° , 2005. 6&o Notary Pu lic myo ftft June ae,2= 2 66 9' A ( n. COUNT 1. Pursuant to Monroe County Code § 15.5-21(a) Connection of existing on-site sewage treatment and disposals systems to central sewerage system. (a)The owner of an onsite sewage treatment and disposal system must connect the system must connect the system or the building's plumbing to an available publicly owner or investor-owned sewerage system within 30 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the owned sewerage system that the system is available for connection CORRECTION( COUNT 1. (1)Obtain required permit and final inspections from the Department of Health, (2)Obtain required permit and final inspections from the Monroe County Building Department. (3)Obtain required Service Agreement from the Key West Resort Utilities. (4)Obtain required permit and final inspections from the Department of Environmental Protection. (If your home is OTHER THAN a single family residence with a gravity fed connection, you may need a DEP permit.) CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 Middle:keys(305)289-2556 Lower Keys (305)292-4495 I HEREBY CERTIFY that a true and correct copy of the above has been ished to the Respondent(s)by mail at 11041 SW 46`�Street, Miami,FL 33165, this ay of I Yt Code Enfo cement Liaison Karen L. Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway,Suite 330,Marathon,FL 33050. 3 .11p, 600 Doe# 164 05/08/2007 12:28PM l Records MONROE COUNTYd DANNYin 1L. KOLHAGE of BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, vs. CASE NO. CE06040127 JEROME PFAHNING poop 1641695 Respondent(s). Bk# 2292 P9p 1829 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on February 22`d 2007, at the Marathon Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the Special Magistrate heard testimony under oath, received evidence, and issued his Order finding the Respondent(s) in violation of Monroe County Code Section(s): §19-129(a)(b)(c)(d),§19-95,§19-96,§5.5-16(b)(1), §6-4(a)(c),§8-17(a), & §9.5-111(l). Said Order, required the Respondent(s) to correct the violation(s) and reserved on fines in being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on March 29' 2007, Inspector Dowling testified that the following violation(s) had not yet been corrected: §19-129(a)(b)(c)(d),§19-95,§19- 96,§5.5-16(b)(1), §6-4(a)(c),§8-17(a), & §9.5-111(l). ACCORDINGLY, the Special Magistrate finding that the violation(s) had not been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $100.00,( ONE HUNDRED DOLLARS) per count, per day, beginning March 23rd, 2007, and for each and every day thereafter that the violation(s) exist(s) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). THE VIOLATIONS) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: LT 3 WATERS EDGE, PB1-184, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE#00132370-000000); %l // DocN 1641695 Bko 2292 Pga 1830 Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of the Courts for Monroe County, Florida. That upon complying, the Respondent(s) shall notify the Code Inspector in this case, who shall reinspect the property and notify the Special Magistrate of compliance. DONE AND ORDERED this day of April, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY .,.. . Larry J "S Code Enfo"rcement Special Magistrate STATE OF FLORIDA COUNTY OF LEON I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of April, 2007. Elma Williams Commission#DD481642 �- t �r✓ =;9� :a;Expires December 2.2009 Notary Public °€P,`„`.`,Bonded Tio,Fam Insurance ins 800'3B57019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnis y U.S. Mail, to the Respondent(s) at 11041 SW 461' St., Miami, FL 33165, this y of April, 2007. C Karen L. Bas Code Enforc ment Liaison MONROE COUNTY OFFICIAL RECORDS f� f�; BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA Case# CE06040127 JEROME PFAHNING Respondents / November 291h 2007 Inasmuch as a Code Enforcement lien which is incorporated herein, have been on file in the official records of Monroe County for more than 3 months without being satisfied, this tribunal, pursuant to F.S. 162.09(3), hereby authorizes the Monroe County Attorney's office to institute civil actions to foreclose on said liens and/or to recover money judgments for the amounts of the individual liens plus interest and costs. DONE AND ORDERED at the Marathon Government Regional Center, Marathon, Florida, this 29th day of November, 2007 . Larry J. Sart Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County an tate last of es ' his 29`h day of November, 2007. N toy Public � Karen�•Bass $ CofnMWW 1)p333071 28.2008 Explrea June �aw 1 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE06040127 Petitioner. vs. JEROME PFAHNING Respondent(s). FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate on February 22"d 2007, at the Monroe County Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate, having reviewed the evidence, heard testimony under oath and being otherwise fully apprised in the premises, makes the following findings of fact and conclusions of law: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owners of record of property located at: BK LT 3, WATERS EDGE PB1-184, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE#00132370-000000); 2. That the Respondent(s) was/were duly noticed of this hearing; and 3. That the above-named property is in violation of the Monroe County Code as more particularly described in Exhibit "A", which is attached hereto and incorporated herein. Therefore it is ORDERED AND ADJUDGED that: ll A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to comply with the provisions of said codes by March 22"d 2007. A compliance review hearing will be held on March 29' 2007. B. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall re-inspect the property and notify the Code Enforcement Department of compliance. C. Noncompliance by the above date may result in the imposition of a fine, per day, for each day thereafter that Respondent(s) is/are in violation. D. Pursuant to Florida Statutes Section 162.07, a cost has been levied for the administrative recovery for prosecution and investigation in the amount of$100.00 (ONE HUNDRED DOLLARS). E. In the event of nonpayment of cost/fines/liens imposed, a certified copy of an order imposing a fine 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(s). F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to appeal, you must do so no later than thirty (30) days from the date of this Order. Failure to timely file a written Notice of Appeal will waive your right to appeal. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this day of March, 2007. k Larry J.,°3ari�l f STATE OF FLORIDA Code Enforcement Special Magistrate COUNTY OF LEON I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of March, 2007. Notary Public Elma Williams _! Commission#DD481642 Expires December 2,2009 2 ,"• i' Bonded Troy Fain insurance Inc 800.385.7019 EXHIBIT "A" VIOLATION(S): COUNT 1. Pursuant to Monroe County Code§19-129(a)(b)(c)(d) Parking of trucks,trailers and travel trailers: (a) Within any residential district, no trucks, trailers or wagons of one-ton or greater capacity or recreational vehicle-type unit,as defined in F.S 320.01, in excess of forty-two(42) feet in length and in excess of eight and one-half(8.5)feet in width shall be parked for storage purposes, including overnight, on any public right-of-way or on private property except within a completely enclosed garage... (b)All trailers, motor homes or motor coaches parked in accordance with this ordinance shall be parked taking into account the setback requirements... (c) Trailers motor homes or motor coaches that are parked for storage as per the provision of this ordinance shall not be used as a place of habitation. (d) These vehicles must be registered in the name of the owner or the tenant of the property where they are parked. COUNT 2. Pursuant to Monroe County Code §19-95-Abandoned vehicles. Within all land use districts,except I districts,all vehicles which are inoperative and/or unlicensed for a period of ten (10)days shall be prohibited on any public right-of-way or on private property except within a completely enclosed garage. COUNT 3. Pursuant to Monroe County Code §19-96 Abandoned watercraft. Within all land use districts except I districts, all watercraft which are inoperative and/or unlicensed for a period of thirty (30)days and appear to be in a state of decay and/or abandonment, as determined by the code enforcement administrator, shall be prohibited on any waterway, shore, private or public property unless contained in a completely enclosed building COUNT 4. Pursuant to Monroe County Code §5.5-16(b)(1) Prohibition on live-aboard vessels in residential areas (1)No person may anchor,moor or dock, or permit or cause to be anchored, moored or docked, any live-aboard vessel; (2) Any vessel with a person or persons aboard that is anchored,moored or docked in the same location for 72 hours is presumed to be a live-aboard vessel. COUNT 5. Pursuant to Monroe County Code§64(a)(c) Unsafe buildings.(a)Abatement Required: All unsafe buildings shall be abated using the Standard Unsafe Building Abatement Code, 1997'edition,promulgated by the Southern Building Code Congress International,Inc., subject to all amendments, modifications or deletions hereinafter contained. (c) Amendment: As adopted by Monroe County, section 302.1.1(4), Standard Unsafe Building Abatement Code, shall read as follows: "A statement advising that any person having legal interest in the property may be prosecuted before the code enforcement special master,in county court,or in any other manner provided by law for failure to repair,vacate or demolish the offending building in the manner set forth in the notice." COUNT 6. Pursuant to Monroe County Code §8-17(a)—Premises to be cleaned and mowed. (a)For the purposes of promoting the health, safety and general welfare of the residents of the county, all lands inside and outside of subdivisions, including vacant lands,and improved property within the unincorporated area of the county,shall be kept cleared of debris,garbage, litter,yard trash, refuse, special solid waste, solid waste,trash, industrial waste and/or which tend to be a breeding place or haven for snakes,rodents, insects, and vermin of all kinds and character, and/or which tend to create a fire hazard, endanger the lives and property of the 3 1� a residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or which render the soil or air impure, unwholesome, or unhealthful. COUNT 7. Pursuant to Monroe County Code §9.5-111(1)—A building permit is required prior to the following: (1)Any work specified in chapter 6.0; an after the fact permit is required for all new development: the placement and removal of trailers, recreational vehicles, live aboard, electrical and plumbing. CORRECTION(S): COUNT 1. Trucks,trailers, motor homes,and motor coaches must be parked to meet setback requirements,removed from the property,or stored in a completely enclosed garage. Cease and desist habitation of recreational vehicles, vehicles,trailers or travel trailers and/or motor homes on the above described property. Vehicles must be registered to the owner or tenant of the property described above. Contact the appropriate Code Enforcement office upon compliance. COUNT 2. Either remove the abandoned vehicle, and/or boat trailers or place it in a completely enclosed garage. Vehicles are required to be registered and operable. COUNT 3. Either remove the abandoned vessel, or place it in a completely enclosed garage. Vessels are required to be registered and operable. COUNT 4. Cease and desist habitation of vessel or remove vessel from property. COUNT 5. Contact the Monroe County Building Department and either obtain a building permit to bring the structure into compliance with current building codes, or obtain a demolition permit and remove all offending structures on the property. COUNT 6. Remove all debris, garbage, litter and /or items specified by the Code Enforcement inspector. Removal of said materials does not authorize the cutting or removal of native or other vegetation without a permit if required. COUNT 7. Contact the Monroe County Building Department and either (1) obtain an after the fact permit and all inspections required,or(2) obtain a demolition permit and remove as directed. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 Middle Keys (305)289-2810 Lower Keys (305)292-4495 I HEREBY CERTIFY that a true and correct copy of the above has been furnish e Respondent(s) via first class mail at 11041 SW 46 h Street, Mi FL 33165, this y of March, 2007. Code orcement Liaison Karen Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. Doc# 1 �� 4 05/08/2007 12:28PM �' Filed & corded in Official Records of MONROE COUNTY DANNY L. KOLHAGE BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, VS. CASE NO. CE06110238 JEROME PFAHNING Respondent(s). Doc# 1641694 / Bk# 2292 Pg# 1827 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on February 22'd 2007, at the Marathon Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the Special Magistrate heard testimony under oath, received evidence, and issued his Order finding the Respondent(s) in violation of Monroe County Code Section(s): §19-129(a)(b)(c)(d),§19-95,§19-96,§5.5-16(b)(1), §6-4(a)(c),§8-17(a), & §9.5-111(l). Said Order, required the Respondent(s) to correct the violation(s) and reserved on fines in being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on March 29' 2007, Inspector Dowling testified that the following violation(s) had not yet been corrected: §19-129(a)(b)(c)(d),§19-95,§19- 96,§5.5-16(b)(1), §6-4(a)(c),§8-17(a), & §9.5-111(1). ACCORDINGLY, the Special Magistrate finding that the violation(s) had not been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $100.00,( ONE HUNDRED DOLLARS) per count, per day, beginning March 23'd, 2007, and for each and every day thereafter that the violation(s) exist(s) and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATIONS) EXISTS) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). THE VIOLATIONS) EXISTS) ON THE FOLLOWING DESCRIBED PROPERTY: LT 4 WATERS EDGE, P131-184, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE#00132380-000000); �/ Doc## 1641694 0 Bkn 2292 Pg# 1828 Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of the Courts for Monroe County, Florida. That upon complying, the Respondent(s) shall notify the Code Inspector in this case, who shall reinspect the property and notify the Special Magistrate of compliance. DONE AND ORDERED this day of April, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY Larry J J Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF LEON I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this vll day of April, 2007. /� .^ , ` ,.ti�':aUs•,, Elma V1lilliams Commission#QQ481642 P, Expires December 2.2009 Notary Public �i „��,BondedTtoy Fam inwrance Inc 800.3BS T019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnish U.S. Mail, to the Respondent(s) at 11041 SW 46"' St., Miami, FL 33165, this day of April, 2007. Karen L. B ss, Code Enfo ement Liaison MONROE COUNTY OFFICIAL RECORDS r 01h 51 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY,FLORIDA Case# CE06110238 JEROME PFAHNING Respondents November 29`h 2007 Inasmuch as a Code Enforcement lien which is incorporated herein, have been on file in the official records of Monroe County for more than 3 months without being satisfied, this tribunal, pursuant to F.S. 162.09(3), hereby authorizes the Monroe County Attorney's office to institute civil actions to foreclose on said liens and/or to recover money judgments for the amounts of the individual liens plus interest and costs. DONE AND ORDERED at the Marathon Government Regional Center, Marathon, Florida, this 29th day of November, 2007 . Larry J. Sar6in4�� Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and S to last aforesaid s 29`h day of November, 2007. No ry ublic Karen L,saes ,P My COmm"eion D0333077 ;J fi4; Expires June 28,2008 1 j ids, i BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE06110238 Petitioner. VS. JEROME PFAHNING Respondent(s). FINDINGS OF FACT CONCLUSIONS OF LAW, AND ORDER THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate on February 22' 2007, at the Monroe County Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate, having reviewed the evidence, heard testimony under oath and being otherwise fully apprised in the premises, makes the following findings of fact and conclusions of law: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owners of record of property located at: BK LT 4, WATERS EDGE PB1-184, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE#00132380-000000); 2. That the Respondent(s) was/were duly noticed of this hearing; and 3. That the above-named property is in violation of the Monroe County Code as more particularly described in Exhibit "A", which is attached hereto and incorporated herein. Therefore it is ORDERED AND ADJUDGED that: --------IT VNIAN A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to comply with the provisions of said codes by March 22nd 2007. A compliance review hearing will be held on March 29' 2007. B. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall re-inspect the property and notify the Code Enforcement Department of compliance. C. Noncompliance by the above date may result in the imposition of a fine, per day, for each day thereafter that Respondent(s) is/are in violation. D. Pursuant to Florida Statutes Section 162.07, a cost has been levied for the administrative recovery for prosecution and investigation in the amount of$100.00 (ONE HUNDRED DOLLARS). E. In the event of nonpayment of cost/fines/liens imposed, a certified copy of an order imposing a fine 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(s). F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to appeal, you must do so no later than thirty (30) days from the date of this Order. Failure to timely file a written Notice of Appeal will waive your right to appeal. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this :,° day of March, 2007. Larry J. STATE OF FLORIDA Code Enforcement Special Magistrate COUNTY OF LEON I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of March, 2007. Notary Public Eima WiIIiams _ Commission#DD481642 Expires December 2,2009 2 Troy Fain insurance Inc 600.385.7019 EXHIBIT "A" VIOLATIOIV(S): COUNT 1. Pursuant to Monroe County Code§19-129 (a)(b)(c)(d) Parking of trucks, trailers and travel trailers: (a) Within any residential district,no trucks,trailers or wagons of one-ton or greater capacity or recreational vehicle-type unit,as defined in F.S 320.01, in excess of forty-two (42)feet in length and in excess of eight and one-half(8.5)feet in width shall be parked for storage purposes,including overnight, on any public right-of-way or on private property except within a completely enclosed garage... (b)All trailers, motor,homes or motor coaches parked in accordance with this ordinance shall be parked taking into account the setback requirements... (c) Trailers motor homes or motor coaches that are parked for storage as per the provision of this ordinance shall not be used as a place of habitation. (d) These vehicles must be registered in the name of the owner or the tenant of the property where they are parked. COUNT 2. Pursuant to Monroe County Code §19-95-Abandoned vehicles. Within all land use districts,except I districts, all vehicles which are inoperative and/or unlicensed for a period of ten(10) days shall be prohibited on any public right-of-way or on private property except within a completely enclosed garage. COUNT 3. Pursuant to Monroe County Code §19-96 Abandoned watercraft. Within all land use districts except I districts,all watercraft which are inoperative and/or unlicensed for a period of thirty (30) days and appear to be in a state of decay and/or abandonment, as determined by the code enforcement administrator, shall be prohibited on any waterway, shore,private or public property unless contained in a completely enclosed building COUNT 4. Pursuant to Monroe County Code§5.5-16(b)(1) Prohibition on live-aboard vessels in residential areas(1)No person may anchor,moor or dock, or permit or cause to be anchored,moored or docked, any live-aboard vessel; (2) Any vessel with a person or persons aboard that is anchored, moored or docked in the same location for 72 hours is presumed to be a live-aboard vessel. COUNT 5. Pursuant to Monroe County Code§64(a)(c) Unsafe buildings.(a)Abatement Required.• All unsafe buildings shall be abated using the Standard Unsafe Building Abatement Code, 1997 edition,promulgated by the Southern Building Code Congress International, Inc., subject to all amendments, modifications or deletions hereinafter contained. (c) Amendment: As adopted by Monroe County, section 302.1.1(4), Standard Unsafe Building Abatement Code, shall read as follows: "A statement advising that any person having legal interest in the property may be prosecuted before the code enforcement special master, in county court, or in any other manner provided by law for failure to repair,vacate or demolish the offending building in the manner set forth in the notice." COUNT 6. Pursuant to Monroe County Code §8-17(a)—Premises to be cleaned and mowed. (a)For the purposes of promoting the health, safety and general welfare of the residents of the county, all lands inside and outside of subdivisions,including vacant lands,and improved property within the unincorporated area of the county, shall be kept cleared of debris, garbage, litter,yard trash, refuse, special solid waste, solid waste,trash, industrial waste and/or which tend to be a breeding place or haven for snakes,rodents, insects, and vermin of all kinds and character, and/or which tend to create a fire hazard, endanger the lives and property of the 3 residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or which render the soil or air impure,unwholesome, or unhealthful. COUNT 7. Pursuant to Monroe County Code§9.5-111(1)—A building permit is required prior to the following: (1)Any work specified in chapter 6.0; an after the fact permit is required for all new development:the placement and removal of trailers, live aboard , electrical and plumbing. CORRECTION(S): COUNT 1. Trucks,trailers,motor homes, and motor coaches must be parked to meet setback requirements, removed from the property, or stored in a completely enclosed garage. Cease and desist habitation of recreational vehicles, vehicles,trailers or travel trailers and/or motor homes on the above described property. Vehicles must be registered to the owner or tenant of the property described above. Contact the appropriate Code Enforcement office upon compliance. COUNT 2. Either remove the abandoned vehicle,or place it in a completely enclosed garage. Vehicles are required to be registered and operable. COUNT 3. Either remove the abandoned vessel, or place it in a completely enclosed garage. Vessels are required to be registered and operable. COUNT 4. Cease and desist habitation of vessel or remove vessel from property. COUNT 5. Contact the Monroe County Building Department and either obtain a building permit to bring the structure into compliance with current building codes, or obtain a demolition permit and remove all offending structures on the property. COUNT 6. Remove all debris, garbage, litter and /or items specified by the Code Enforcement inspector. Removal of said materials does not authorize the cutting or removal of native or other vegetation without a permit if required. COUNT 7. Contact the Monroe County Building Department and either (1) obtain an after the fact permit and all inspections required,or(2) obtain a demolition permit and remove as directed. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 Middle Keys (305)289-2810 Lower Keys (305)292-4495 I HEREBY CERTIFY that a true and correct copy of the above has been furnish e Respondent(s) via first class mail at 11041 SW 46`h Street, Mi FL 33165, this �y of March, 2007. Code Enf rcement Liaison Karen L. ass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. 4