Item R10 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2014 KL Department: County Attorney
Bulk Item: Yes No XX Staff Contact: Lisa Granger 292-3470
AGENDA ITEM WORDING: Presentation of a request by Travis Mikalson for a partial release of lien
for his property located at 438 Lime Drive, Key Largo (homesteaded).
ITEM BACKGROUND: In addition to his residence at 438 Lime Drive, Mr. Mikalson owns two non-
homesteaded properties located at 562 Palm Drive and Block 5 Lot 26 Pamela Villa ("Pamela Villa"),
Key Largo, Florida. While all three properties are or have been the subject of code compliance actions,
only one of those cases has progressed to a code lien at this point. The County holds a lien which
currently totals $293,800.00 on the Pamela Villa property. This lien arose from code case CE10060200
for the placement of fill and land clearing without a permit, inspections and approvals. The County's lien
attaches by operation of law to all properties in Monroe County that are owned by Mr. Mikalson,
including his residence.
Mr. Mikalson wishes to refinance his mortgage on his residence (438 Lime Drive-homesteaded) but is
prevented from doing so by the lien imposed due to violations on the Pamela Villa property. Under
Resolution 148-2008, the County Attorney's authority to negotiate and settle code liens is limited to those
properties on which compliance has been achieved. Since Mr. Mikalson's property is not in compliance,
Mr. Mikalson's request for a partial release of lien is being brought to the Board for consideration. Mr.
Mikalson's residence (438 Lime Drive) is the subject property of code compliance action CE14090018
for failing to connect to the KLYITD's sewer system. That case has a compliance date of May 1,2015 so
no lien has been recorded yet. His property located at 562 Palm Drive is under violation for the same
offense. The compliance date on that property is February 2, 2015.
While the Florida Constitution prohibits the County from seeking to foreclose the lien on the Lime Drive
property as long as it is homesteaded, the law allows the lien to remain in place. Mr. Mikalson's title
company will not provide a commitment unless this lien is satisfied.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Denial of the request until compliance is achieved on the 2 sewer
code cases, mitigation in the amount of$5,325.82 is paid on the fill and land clearing case and payment of
ten percent of the outstanding fine ($29,380) on the fill and land clearing case is made to the County.
TOTAL COST: INDIRECT COST: —BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes— No AMOUNT$
APPROVED BY: County Atty 4 OMB/Purchasing_Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
BEFOR01/� E COUNTY CODE ENFORCEMENT SPECIAL ANSTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA,
Petitioner, ) Case No.CE
VS.
Subject Property Real Estate Number
:
)
D=N 1813734 12/17/2010 4:091PM
Filed & Recorded in Official Records of
NONROE COUNTY DANNY L. KOLHAGE
Respondent(s). )
1
D-ac# 1813734
BI(N 2492 P90 1312
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Enforcement Inspector(s)and/or witnesses under oath,the
following Findings of Fact and Conclusions of Law are ORDERED:
SIG►1TED STIPtULATIOIg AGRF.oNT Wl—,H y,0:ti-R0.E COIIM
The Res ent(s) and/or Aut d Representative
we a n3t resent and di id not c test the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if
fully s '..5-
(t4The 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 filed in this case and pursuant to Section
162.07 of Florida Statutes costs in an amount to be determined at the conclusion of this case are hereby levied for the administrative
recovery of the costs of prosecuting and investigating this matter.Costs will contisn P to accrue until compliance is achieved and case is
closed. Furthermore, t Respondent(s) shall comply with those Code(s) referred to in the Notice of Violation/Notice of Hearing on or before
✓ ("THE COMPLIANCE DATE").
(�In the event the violation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE
SET FORTH HEREIN,fine(s)in the amount of:
..
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED.
( )a one time fine of$ is ORDERED,and the condition causing the violation(s)is found to present a
threat to the public health, safety and welfare. It is further ordered,that the County is hereby authorized to make all reasonable repairs which are
required to bring the property into compliance and charge the respondent(s) with cost of repairs including administrative recovery of the costs of
prosecuting and investigating this matter.
IT IS THE RESPONDENT(S)RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT
BY CALLING CODE ENFORCEMENT AT (305)453-8806 FOR THE UPPER KEYS; (305)289 2810 FOR THE MIDDLE KEYS (3051 292-4495
FOR THE LOWER KEYS.
In the event of nonpayment of fines and/or costs imposed on Respondent(s),a certified copy of this Order may be recorded in the public
records and shall thereafter constitute a 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
Enforcement and mail to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL
33050.
( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of 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 Enforcement within thirty (30) days of this
Order.,,,
l 'STIPULATION AGREEMT IS ATTACHED PTO As1D IITCOHP03tATr.D REIN.
FINAL ORDER PAGE 2
CASE NUMBER: CE10060200
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
MIKALSON TRAVIS N Deep 1813734
438 LIME DRIVE 81<p 2492 Pgp 1313
KEY LARGO,FL 33037
Location of Subject Property:
5 BK LT 26-PAMELA VILLA
KEY LARGO,FL 33037
RE NUMBER: 00464740000000
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
Nicole M. Petrick,Liaison � �� �'
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s)
via hand delivery / first class U.S. mail to Respondent(s) address of record with the Monroe
Count Property,Yppraiser's Office as referenced abgp and/or Aut orized Representative
, . . . ., on this - day of ; ,20
Nicole M. e ck Liaison
PAGE 2 of 2
MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
D,*c# 1813734
SO 2492 Pq# 1314
Monroe County Code Enforcement
Petitioner
vs. Case Number CE'10060200
Travis N -Mikalson
Respondent(s)
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME
OFFENSES
In the matter of: BK 5 Lot 26-Pamela Villa, Key Largo
Re#00464740-000000
Travis N ikalson (hereinafter referred to jointly and severally as "Respondent(s)") and
Monroe County Code Enforcement("Petitioner"), by and through the undersigned
individuals, hereby agree and stipulate to the following:
1. Respondent(s) agrees that I/we received the Notice of Hearing
issued in this case, and that a hearing is scheduled to be heard on August 26, 2010 to
determine whether the charges alleged in the Notice of Violation and Notice of Hearing
are accurate and supported by substantial evidence ("Hearing").
2• Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter. Respondent(s) understands that
he/she could appear at the Hearing and contest any evidence to be submitted by Code
Enforcement. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
C:Owuments and Settings\Corcoran-BrianNy DocumentACB10060200 Stip.doc
,. dr" 0
(a) He/she need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respondent(s); and
(b)Any evidence in the Code Enforcement file will be deemed the record
in the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
Statutes.
3. The Respondent(s) understand that the property will be checked
for compliance on October 21, 2010.
4. The parties understand that a fine of$200.00 per day that shall
accrue daily if the property is not brought into compliance within the time specified in
paragraph 3.
5. The Respondent(s) understands that if the Respondent(s)fails to
comply within the time given, the fine(s)shall accrue each day the violation(s) remain as
follows. D*cN 1013734
BI(N 2492 Pgq 1315
110-140.(1) $100.00 per day
114-103 $100.00 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting
the case within 30 days of compliance and that such costs shall be imposed as a lien
under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b).
7. Respondent(s) specifically agree that this Stipulation Agreement
shall be recorded in the public records of the County and shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violations of
Monroe County Code 110-1I40(1) and 114-103 exists. This Stipulation Agreement shall
CADocuments and Settings\Corcoran-Brian\My Documents\CE10060200 Stip.doc
be recorded as a lien against the property and upon any other real or personal property
owned by the Respondent(s) if the property is not brought into compliance by the date
specified in paragraph 3.
8. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s)further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
9. The parties understand and agree that the Respondent(s) may
revoke this Stipulation and that such revocation must be done in writing or done in
person with Brian Corcoran by the end of business August 24, 2010.
D*cq 1813734
SO 2492 Pga 1316
CADocuments and Settings\Corcoran-BrianNy Documents\CE10060200 Stip.doc
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By signing this Stipulation, both parties represent that they have READ,
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UNDERSTOOD, AND CONSENT to its terms and Conditions. 0
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Print Name Print Nance
STATE OF STATE OF
COUNTY OF ° COUNTY OF
PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the
undersigned authority, undersigned authority,
who,after
first being sworn by me,�affixed his/her signature who,after
i� first being sworn by me,affixed his/her signature
(name of individual signing)in th space provided (name of individual signing)in the space provided
above on this� day of 20 above on this day of 20
OTARY PUBLIC .. NOTARY PUBLIC
M com Dui sign craires My commission expires 20
o` �P�s�,�• DANYA CANTO
�s Notary Public-State of Florida
c•. .• My Comm.Expires Oct 20.2012
:N
�p Commission#00 832504
'I; OF � � Bonded Through National Notary Assn.
Signal Of Pe nor(County, tell)/Date
,
`"` ^""--^^ ✓ .q rP%•,,s NICOLE M.PETRICK
�rin Corcoran ' �+ Notary Public-State of Florida
•2 My Comm.Expires Dec� 12,2013 Commission#DD 917995
STATE OF Bonded Through National Notary ASH.
�� �
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the
undersigned authority,.
_221va 0 who,after
first being sworn by me,affixed his/her signature
(name of individual siPing)in the space provided
above on this day of 20.//,
NOTARY PUBLIC
MONROE COUNTY
OFFI3AL RECORDS
C:\Documents and Settings\Corcoran-Brian\My Documents\CE10060200 Stip.doc
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County of Monroe
Code Enforcement Department
2798 Overseas Highway
Marathon, Florida 33050NOT
...............
ICE OF VIOLATION/NOTICE OF HEARING
To: MIKALSON TRAVIS N Case Number: CE10060200
438 LIME DRIVE
KEY LARGO,FL 33037
Location: 5 BK LT 26-PAMELA VILLA, KEY LARGO, FL 33037
Re Number: 00464740000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property on 06/29/2010 found the
following violation(s):
110-140.(1) -BUILDING PERMIT REQ/CH 6
The placement of fill on the property requires a
permits
approvals and inspections.
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based on
the specific scope of work. Additional permits,permit fees,
mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The
Fact permit is $500.00 (five hundred dollars) as per
Monroe County Code.All permits will require PASSING FINAL
INSPECTION(S).
114-103. -REMOVAL OR MAJOR PRUNING
The clearing and removal of native trees requires
a permit.
Corrective Action Required:
Contact the Monroe County Building Department to obatin an
After The Fact permit and mitigation requirements for
removal/major pruning of vegetation. ALL PERMITS MUST
RECIEVE A PASSING FINAL INSPECTION.
1
p
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the
above case on 08/26/2010 at 9:00 AM in the Monroe County Government Regional Center,
2798 Overseas Hwy., Marathon,Florida.
TO AVOID ATTENDING THE HEARING, all violation(s) noted above must be corrected by
08/11/2010 . If a violation is corrected and then recurs, or if the violation is not corrected by the time
specified, or if the violation is a repeat violation, the case may be presented to the Code Enforcement
Special Magistrate even if the violation has been corrected prior to the hearing.
Failure to correct the violation(s) may result in the imposition of costs of prosecution and fines, not to
exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat
violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable
or irreversible in nature. If the County is forced to correct your violation(s),the Special Magistrate will
order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR
COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with this
office prior to the hearing.
You may request a continuance of the hearing for good cause shown unless an unsafe violation is
alleged. Unsafe violations pose a serious threat to the Public Health, Safety and Welfare . If you
choose to request a continuance, a written request on the County's form must be made five (5)business
days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a
postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit
your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax:
(305) 289-2858.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR to
confirm that you do not need to attend the hearing(s). MPlase con our inspector at the appropriate
location:
� .
CORCORAN, BRIAN
Lower Keys: 5503 College Road, Suite 204 Code Enforcement Inspector
Key West, FL 33040 (305)292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037 (305)453-8806
2
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D a W of ecorcl Rernnaader Date Note Cade Opera for U
14-t� 1 , . 8 11J 14 a�r�
- - ndr * THIS PEFUTAPPUCATION E
Detail No ,,....
iDate of Record 11 J04/2Q14 _._.. at
Reminder Date
al_
Nate Cody
fficomuml
"THIS PERMIT APPLICATION HAS BEEN REVIEWED BY THE CODE COMPLIANCE DEPARTMENT DUE AN OPEN CODE CASE(CE100fiQ200)AND UNSd
PERMIT APPLICATION INCLUDES$5,325,82 IN MITIGATION(ADDED TO FEE SCHEDULE).THEREFORE THIS CASE WILL BE IN COMPLIANCE UPON ISS
AND PAYMENT OF MITIGATION.PROPERTY OWNER TO CONTACT CODE UPON PAYMENT OF MITIGATION FEES,
KWINDSOR—
i
BEFORAE COUNTY CODE COMPLIANCE SPECIAL MAG2/RATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, 1 Case No.CE
VS. )
_ state Number:
, ..r �_ .,.. ... .
� Subject Property Real E. __ .. ..
)
Respondent(s). _...._. 9,�.. .��..,,........_,..
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)and/or witnesses under oath,the following Findings of Fact and
Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative g Y
contest the viola on(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if full set forth. re not sent and id t
(J)The Respondent(s)islare the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(✓f The Respondents)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s).
( )The violation(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED,payable within days of this Order,
V 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 dosed.
(XThe Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before ✓COMPLIANCE DATE'). (?HE
(ef In 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: $
�m... ......... ,,eeqq
for each day beginning on THE DAY AFTER THE COMPLIANCE E t the�
E COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED.
( It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the
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($
Monroe County Code Compliance within thirty(30)days of this Order. )to
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.
IT IS THE RESPONDENT RESP NSIBILITY T A SP ON T DETER INE W ETHER THE OPE IS
THE R S 299• FORT E MIDDLE KEYS 305 292 HE BY CODE COMPLIANCE 4 Ii06
4495 F ER S,
DATED this day of " """ 20
Page 1 of 2 John G.V n Laningham, pec agistrate
r�
FINAL ORDER PAGE 2
CASE NUMBER: CE14040138
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
MIKALSON TRAVIS N
438 LIME DRIVE
KEY LARGO,FL 33037
Location of Subject Property:
562 PALM DR
KEY LARGO, FL 33037
RE NUMBER: 00464030000000
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 Ap rai er s Office as referenced above and/or Authorized Representative
on this day of— . ,20
r �
Nicole M. Petrick, Liaison
PAGE 2 of 2
County of Monroe '
Code Compliance Departmenta�
2798 Overseas Highway MX
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: MIKALSON TRAVIS Case Number: CE14040138
438 LIME DRIVE
KEY LARGO, FL 33037
Location: 562 PALM DR KEY LARGO,FL 33037
Re Number: 00464030000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 07/02/2014
and subsequently found the following violation(s)of the Monroe County Code:
20-78.(a)- MANDATORY CONNECTION/SEWER
FAILURE TO COMPLETE THE MANDATORY CONNECTION OF
THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER
SYSTEM.
Corrective Action Required:
1. CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A
SEPTIC ABANDONMENT PERMIT.
2. CONTACT THE KEY LARGO WASTE WATER TREATMENT DISTRICT AND
OBTAIN AN ENGINEERS LETTER OF APPROVAL.
3. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT
(305-453-8800)AND OBTAIN A MONROE COUNTY SEWER LATERAL
CONNECTION PERMIT.
NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING
FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE
WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN
CLOSED.
)r PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 08/28/2014 at 9:OOAM at the Monroe County Government
Regional Center,2798 Overseas Hwy.,Marathon,Florida.
1 j ��
(, you can avoid attend @ing the hearing if all violation(s) noted above are corrected by 08/27/2014
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is
not corrected by the time specified, the case may be presented to the Special Magistrate even if the
violation has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s)have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s)have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305)289-2509,Fax: (305)289-2858,prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance,a written request on the County's form must be made at least five(5)business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5)business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final Order.
llr�%/l��ll r�i 6r� / �U ✓�✓,. ago U�
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
SCHOENROCK, TRACI
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West,FL 33040(305)292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon,FL 33050(305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037(305)453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above nam d addressee(s) by Certified
Mail,Return Receipt Request No.: 7010 2780 0001 8688 8705 on
QobdeC�omplia�nceep ent
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning(305)292-4441, between the hours of 8:30 a.m. - 5:00 p.m.,no later than five(5)calendar
days prior to the scheduled meeting; if you are hearing or voice impaired,call "711".
f
r ,
BEFORQ/ COUNTY CODE COMPLIANCE SPECIAL MACQ@)f�?ATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA,
Petitioner, Case No.CE_Zi
VS.
Subject Property Real Estate Number.
SO
—------------ ............
Respondent(s).
FINAL ORDER
Having fully considered the evidence presented at hearing,incliuding 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 Vat ro not sent and"!gdno7�)
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,
(4The 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.
(VOursuant 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.
( The Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before, ("THE
COMPLIANCE DATE-).
(.41n 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., $
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for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED.
(c 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.
IT IS THE RESPONDENT(S)RESPONSIBILITY TO REQUEST A REINSPECTION M DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT(305)45MB06 FOR
THE UPPER KEYS4(305)289-2810 FOR THE MIDDLE KEYS:(305)292-4495 FOR THE LOWER KEYS.
DATED this h3.12 day of 2OZy-
Page 1 of 2 John G Van Magistra
wn�
..........
FINAL ORDER PAGE 2
CASE NUMBER: CE14090018
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
MIKALSON TRAVIS N
438 LIME DRIVE
KEY LARGO,FL 33037
Location of Subject Property:
438 LIME DR
KEY LARGO, FL 33037
RENUMBER: 00464510000000
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.
7'45'ee,00 ..,
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 A praiser's Office as referenced above and/or Authorized Re Npresentative
on this day of 20
Nicole M. Petrick, Liaison
PAGE 2 of 2
County of Monroe
Code Compliance Department
2798 Overseas Highway l
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: MIKALSON TRAVIS N Case Number: CE14090018
438 LIME DRIVE
KEY LARGO,FL 33037
Location: 438 LIME DR,KEY LARGO,FL 33037
Re Number: 00464510000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 09/04/2014
and subsequently found the following violation(s)of the Monroe County Code:
20-78.(a)-MANDATORY CONNECTION/SEWER
FAILURE TO COMPLETE THE MANDATORY CONNECTION OF
THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER
SYSTEM.
Corrective Action Required:
1. CONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A
SEPTIC ABANDONMENT PERMIT.
2. CONTACT THE KEY LARGO WASTE WATER TREATMENT DISTRICT AND
OBTAIN AN ENGINEERS LETTER OF APPROVAL.
3. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT
(305-453-8800)AND OBTAIN A MONROE COUNTY SEWER LATERAL
CONNECTION PERMIT.
NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING
FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE
WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN
CLOSED.
s
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 10/30/2014 at 09:OOAM at the Monroe County Government
Regional Center,2798 Overseas Hwy.,Marathon,Florida.
r
a ,
( You can avoid attending the hearing if all violation(s) noted above are corrected by 10/29/2014
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is
not corrected by the time specified, the case may be presented to the Special Magistrate even if the
violation has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s)have been corrected prior to the hearing.
( ) The Code Inspecctor has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s)have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s)have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL ran e Phone:
(305)289-2509, Fax: (305)289-2858,prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five(5)business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five(5)business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final Order.
0
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPEC OR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
SCHOENROCK, TRACI -
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West,FL 33040 (305)292-4495 r
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037(305)453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above ame addressee(s) by Certified
Mail, Return Receipt Request No.: 7013 1710 0000 2973 1282 on
Code Compliance Depart nt
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning(305)2924441, between the hours of 8:30 a.m. - 5:00 p.m.,no later than five(5)calendar
days prior to the scheduled meeting; if you are hearing or voice impaired,call "711".
N0///O%///%G%%////iEE/ lG lmo/�a%/� r i�00`1 i 1
STEWART TITLE GUARANTY
Title insurance commitment
SCHEDULE A
Sunshine Title of the Keys,Inc
102900 Overseas Highway #6
Key Largo,Florida 33037
305-451-0032 Telephone
305-451-3220 Fax
File No 14101224
1 Effective Date-September 24,2014 @ 9:OOAM
2 Policy or Poiicies to be issued
Proposed Amount of Insurance:
a ALTA Owner's Policy(05/17)06)with Florida Modifications,
Proposed Insured
b ALTA Loan Policy(6/1706)with Florida Modifications
b. ALTA Short Form Residential Loan Policy(6/17/O6)with Florida 5220,000.00
Modifications.:
Proposed Insured. Premium:$663 00
MERS(Mortgage Electronic Registration Systems,Inc.)solely as nominee for TD Bank,
N.A.,Its successors and/or assigns as their interest may appear
3 The estate or interest in the land described or referred to in this Commitment is,Fee Simple
4 Tdtl'e to the Fee Simple estate or interest in the land is at the Effective Date vested in,
Travis N.Mikaison
5. The land referred to in this Commitment is described as follows.
Lot 3, Block 5, PAMELA VILLA,according to the Plat thereof as recorded in Plat
Book 3,Page 125,of the Public Records of Monroe County,Florida.
Countersoned Sunshine T e of tha Keys,Inc,
BY,
Authorized Officer or Agent
Copyright 2008 2009 AmeAun Land Title Aaeocretlon.All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members a good standing as of the date of use,
All other uses are prothb0ed. Reprinted under license from the American Land Title Association.
2283A ALTA Commitment for Tatle Insurance(6/17/06) .m
Our File No..14101224 page 1 of 4
STEWART TITLE GUARANTY
Title insurance Commitment
SCHEDULE B-SECTION I
REQUIREMENTS
File No,14101224
Requirements:
A, Instruments necessary to create the estate or interest to be insured must be properly executed,
delivered and duly filed for record.
(a) Mortgage from Travis N.Mikalson to MERS(Mortgage Electronic Registration Systems,
Inc.) solely as nominee for TD Bank, N.A., given to secure the principal sum of
$220,000.00.
B. Affidavit from the seller and borrower
1 That there are no matters pending against them that could give rise to a lien that would attach to
the subject property between the effective date of the Commitment and the recording of
instruments giving rise to the'interest to be insured.
2, That the affiants have not executed and will not execute any Instruments that would adversely
affect the title to the subject property or the lien of any mortgage to be insured pursuant to the
Commitment
C The dosing funds pertaining to the transaction must be disbursed by or at the direction of the insuror
or its agent
D. An updated We examination,commencing as of the effective date of this Commit on,should not reveal any title defects
efects
insuror or its agent. ent,which shall
be performed at or shortly prior to the closing of the transacti
or other adverse matters appearing should be disposed of prior to dosing to the satisfaction of the
Mortgage Company dated April 2,2010 flied In Official Records Book 2461, Page 354 of
E. Satisfy of record that certain mortgage executed by Travis N. Mikalson in favor of Fifth Third Records of Monroe County,Florida in the original principal sum of$171,830.00. the Public
F. Satisfy of record that certain Code Enfortemant Lien Monroe County F/odda Case
CE10060200 dated Augustl6,2010 flied In Of�irdal Records Book 24g2,Page 1312 of 4ffe
Public Records of Monroe County Florida which at this rime has an outstanding ba/ante
ofS200 B00 00
G. Proof of payment of all real property taxes and waste fees. NOTE Taxes for the year 2013 have been
paid In the amount of$1,584.36 on 11/25/13(Gross amount$1,650.38).
END OF SCHEDULE B—SECTION I
Copyright 2006-2009 American net Title Assoc.--Ali rign reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association
2283A ALTA Commitment for Title Insurance(6/17/06) Page 2 0f 4
Our File Na:14101224
G%rill/%%%///%G7/7/71,/
STEWART TITLE GUARANTY
Title Insurance Commitment
SCHEDULE B—SECTION II
EXCEPTIONS
File No..:14101224
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
1. Defects,liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
Public Records or attaching subsequent to the Effective Date but prior to the date the proposed Insured
acquires for value of record the estate or Interest or mortgage thereon covered by this Commitment,
2. Standard Exceptions:
a. Rights or Claims of parties in possession not shown by the public records.
b. Easements,or claims of easements,not shown by the public records.
c. Encroachments,overlaps,boundary line disputes,or other matters which would be disclosed by
an accurate survey and inspection of the premises.
d. Any lien,or right to a lien,for services,labor,or material hereto or hereafter furnished,imposed
by law and not shown by the public records.
e. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged„ filled, and artificially exposed hands and lands
accreted to such lands,
Special Exceptions:
3. Taxes for the year 2014 and subsequent years,which are not yet due and payable.
EXCEPTIONS
4, Any and all Special Assesments, Bills, Charges or Municipal Liens levied and/or assessed againts
subject property,which are currently due and payable if any.
5. Dedications, Easements, Reservations and Restrictions as shown on the Plat recorded in Plat Book 3
Page 125 of the Public Records of Monroe County,Florida,
6. Chapter 76-180 and Chapter 27F-8 (Formerly 2217-8) Florida Administrative Code annotated entitle
"Boundary and Principles for guiding Development for the Florida Keys Area of Critical State Concern"
and those instruments pertaining thereto,as recorded in Official Record Book 668 Page 43 of the Public
Records of Monroe County,Florida.
7. Resolution No.315-2005 recorded in Officrai Records Book 2157 Page 2308 of the Public Records of
Monroe County„Florida.
8. Any lien arising under Chapter 1159,Florida Statutes,in favor of any city,town,village or port authority for
unpaid service charges for service by any water system,sewer system,or gas system servicing the land
described herein.
9. Any adverse ownership by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder,including submerged,filled and artificially exposed lands,and sands accreted to such lands.
10. Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgment of
Potential Costs flied in Official Records Book 2551,Page 2112 of the Public Records of Monroe County,
Florida.
END OF SCHEDULE B—SECTION It
ALTA Commitment(6117/06)
(with Florida
Modifications)
3of4
Copyright,American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use.All other uses are prohibited..Reprinted under license from the.American Land Title
Association
STEWART TITLE GUARANTY
Title Insurance Commitment
ALTA Commltment(6/17/06)
(with Florida
Modifications)
4 of
Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use,.All other uses are prohibited.Reprinted under license from the American Land Title
Assocation
i7