Item P3 � P.3
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
August 19, 2020
Agenda Item Number: P.3
Agenda Item Summary #6960
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Authorization to allow code compliance lien arising from
CE18060043 against NICHOLAS C. BENNETT and his property, 184 Orange Blossom Rd.,
Tavernier Florida, to remain against the property owner, the subject property and any other property
owned by the property owner.
ITEM BACKGROUND: This property has been the subject of a code compliance case
(CE18060043) for repeat violations concerning vacation rental and advertising. The fines total
$9,497.49 as of May 21, 2020 and will continue to accrue costs. A hearing was held on July 26,
2018 and property owner was present. The Special Magistrate found the property in violation and
imposed a One-time Fine of$15,000.00,plus costs payable in 30 days. The case was also deemed
compliant on this date. The County's lien was recorded on September 10, 2018. On or about June
18, 2019,property owner requested a payment plan and the County declined, citing the fact that 11
months had passed since the July 26, 2018 hearing. Property owner was afforded an opportunity to
request a payment plan at the next hearing before the Special Magistrate. On June 24, 2019, the
County received a check in the amount of$1,500.00 from the property owner. A subsequent hearing
was held on June 27, 2019 and property owner was not present. The Special Magistrate granted the
County's motion to proceed with collection actions. The County then received additional checks
from the property owner on July 23, 2019, August 28, 2019 and September 23, 2019, each in the
amount of$1,500.00, for payment of fines and costs. The code case is compliant; however, remains
open for failure to pay outstanding fines and costs in full.
In May 2020, the Tax Collector filed a lawsuit against Mr. Bennett, Dessiree Bennett, and a business
entity in which Mr. Bennett is a principal (Moonbay TH14, LLC) (16th Jud. Circ. Case No. 20-CA-
000176-P). The Tax Collector is represented by the Monroe County Attorney's Office in the lawsuit.
The lawsuit alleges that the defendants completely failed to set up a tourist development tax account
for one vacation rental property (the Moon Bay condominium, located at 104350 Overseas Highway
in Key Largo), and intentionally underreported and failed to remit taxes over more than three and a
half years for another property (184 Orange Blossom Road, Tavernier). The lawsuit seeks an
injunction, compelling the Bennetts and the LLC to participate in an audit as required by F.S.
125.0104 and Sections 23-178 and 23-198 of the Monroe County Code.
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In December 2019, Mr. Bennett was arrested on two charges (theft of sales tax in violation of F.S.
212.15(2)(B) and failing or refusal to obtain a certificate of registration in violation of F.S.
212.18(C)1.), in a case filed by the State Attorney's Office (16th Jud. Circ. Case No. 19-CF-320-
AP). The case is currently set for a jury trial on 9/14/2020. These charges stem from Mr. Bennett's
failure to pay salestax on his vacation rental properties.
The property is not homesteaded and there are no pending foreclosures actions at this time.
However, the property is encumbered by a$1,000,000 first mortgage plus a second mortgage of
$200,000. In addition, there is a federal tax lien of$341,072 against the property. In total, the
County's $9,497.49 lien is junior to approximately $1,541,072 in superior interests. While the
property owner has listed the property for sale for $2,950,000, the Property Appraiser places the fair
market value of the property as $1,113,915.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for foreclosure, money judgment and writ of
execution;
2. Allow the liens to remain against the property owner, the subject property and any other
property owned by the property owner; and/or
3. Reduce the amount of the fines.
Given the value of the mortgages and liens ahead of the County's lien, the relatively small value of
the County's lien, the listing of the property for sale, the fact that the property is currently in
compliance, as well as the other enforcement actions pending against this property owner, County
staff recommends option 2 — letting this lien stay in place for a period of 12 months. Filing a
foreclosure action over this lien in these circumstances would not be a prudent use of County
resources for if the County was successful, it would take the property subject to the $1.5 million in
superior interests. A successful collection action would result in a money judgment that would do
nothing to improve the County's priority with respect to those interests. If the property sells during
that time period, the County's code lien should get paid through proceeds of the sale of the property.
If the situation remains the same after that time period, this decision can be revisited.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No. 057-2014 on March 19, 2014 adopting"ATTACHMENT A" as
Procedure to be used after a Final Order has been rendered by the Code Compliance Special
Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money
judgment actions for collection of unpaid fines and/or costs from a property owner.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Let Lien sit in place for 12 months then re-evaluate.
DOCUMENTATION:
Packet Pg. 2636
P.3
AIS Support Doc CE18060043
Resolution 057-2014 LIEN PROCESS
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: YES
Source of Funds: BUDGETED
CPI:
Indirect Costs: 2500.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
06/17/20 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 07/27/2020 1:38 PM
Paunece Scull Completed 07/28/2020 1:11 PM
Bob Shillinger Completed 07/28/2020 3:40 PM
Assistant County Administrator Christine Hurley Completed
07/28/2020 4:53 PM
Kathy Peters Completed 07/29/2020 9:08 AM
Board of County Commissioners Pending 08/19/2020 9:00 AM
Packet Pg. 2637
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BRIEF FOR NICHOLAS C BENNETT CE18060043—
MOTION FOR COLLECTIONS 6-27-19
V y�
Laura B. Goodman
Monroe County Code Enforcement
Subject Property— 184 Orange Blossom Rd, Tavernier, FI \
Violation description —Vacation Rental
Lien filed 9/10/18 and remains unpaid.
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• Property is in compliance.
• This Lien $15,497.49 fines as of May 14, 2019
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
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PROCEEDINGS & NOTICE OF HEARING was mailed Cert Mail on May 14, 2019 to
address on PRC, /��
and Return receipt was signed June 7, 2 19.
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County is asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Order/Lien in this case.
BRIEF FOR COLLECTIONS.CE18060043 Nicholas C Bennett for 6-27-19 hrg
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COUNTY,BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE
FLORIDA
MONROE COUNTY, L A, }
Petitioner, )
VS. ) CASE NO.: C
NICHOLAS C BENNETT, )
Respondent(s). }
}
NOT
ICE OF MOTIONAUTHORIZE FORECLOSURE AND/OR T
PROCEEDINGS TCE OFco
Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to
F.S. 162.09(3),to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien
in this case, which was recorded in the Official Records of Monroe County on 09/10/18, Book 2926, Page 670 on the
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property that was the subject of the code compliance action described as: 184 ORANGE BLOSSOM
TAVERNIER, FL 33070, MONROE COUNTY, FLORIDA, RE#004829800 000, and upon any and all other real
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and/or personal property you own. The current outstanding amount of the County's lien as of May 14, 2019 is U
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$15,497.49(fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion o
will be considered on June 27, 2019 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting
Room at 9:00 a.m.,Marathon, FL 33050.
4
Steven T. Williams
Assistant County Attorney
1111 12`"Street Suite 408
Key West,Florida 33040 <
(305) 292-3470
Fla. Bar No.: 0740101
CERTIFICATE ICE
1 hereby certify that on this ..day of , 2019 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail,Return Receipt Request No. C4 01 to
ORANGE184 I. S TAVERNIER,FL337 - 71
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Code�* epairtment
A A 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. ,no
later than ten(10)calendar days prior to the scheduled meeting,if you are hearing or voice impaired,call "711".
Packet Pg. 2639
P.3.a
.1c,unty of
The Florida .CV
Code Compliance Department R ;, Board of County Commissioners
2798 Overseas Highway Maur Sylvia:t.Murphy.District 5
Marathon,Florida 33050 v � ' � �` Ma),or Pi*o Tem Danny L. KoiliaQe.Dist.
Voice: (305)289-2810 � `; ' Michelle Coldiron,District 2
FAX: (305)289-2858 ' .x� Heather Can-La lwrs.District 3
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l}ati'ci R�ce.District 4
N CHOLAS C BENNETT
184 ORANGE BLOSSOM RD
TAVERNIER,FL 33070-2751
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May 14, 2019 CD
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Subject: Code Case: CE18060043 ca
Location: 184 ORANGE BLOSSOM RD TAVERNIER,FL 33070 °®
Dear Property Owners, ca
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This letter is to inform you that Monroe County,Florida has imposed a lien(s) against your property as a result of CD
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code
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compliance action and upon any and all other real and/or personal property you own. Co
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Our records indicate that the lien has not been paid. Additionally, pursuant to F.S. §162.07(2),the County is
entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized
under F.S. §162.09(3). These costs will continue to accrue until the lien is paid and the case is closed.
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Please take notice that a Pti lic Hearin- vtill be conducted � the Code Coniphance Special Magistrate oil lure �
27. 2019. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for v)
foreclosure and/or money judgment).
Respect llyA�ours-,,
Laura q,6dmdn
Collections Facilitator 305-289-2580
Good man raga=aa @monroe:..ount , .1 ,goy,
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MONROE COUNTY FLORJDA
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BEFORETHE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, A
NE COUNTY FLORIDA, }
Petitioner, )
vs. } Case o.: C
NICHOLAS C BENNETT, } "'
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ORDER AUTHORIZING FORECLOSURE
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained
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unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office
of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover
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the amount of the lien plus accrued interest.
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DONE ORDERED this 2019, at the Marathon
Government Center, Marathon, Florida.
,To C% Van L in
Special Magfsirate
CERTIFICATE OF ORDER
I hereby certify to 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 theRespondent(s) via
hand delivery/first class U.S. mail to Respondent(s) address of record w/the Monroe County Property
Office as referenced above and/or Authorized Representative.
Appraiser's , on this day of 2019,
Nicole M. Petrick, Liaison
Packet Pg. 2642
P.3.a
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County of Monroe
6 .
e Compliance Department
n°
2798 Overseas Highway ."
Florida35
NOTICE OF VIOLATION/NOTIC
To: NICHOLAS C BENNETT Case1 0
184 ORANGE BLOSSOM
TA. _ ER,FL 3307
Location- 184 ORANGE BLOSSOM RD, TAVERNIER,FL 33070
e Number: 00482980000000
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DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 05/23/2018 and
subsequently found the foll I owing violation(s) of the Monroe County Code:
134-1.(k)(1) - VACATION RENTAL &ADVERTISING
IT SHALL BE UNLAWFUL FOR ANY LANDLORD, TENANT,
AGENT OR OTHER REPRESENTATIVE OF A LANDOWNER TO
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RENT, LEASE, ADVERTISE OR HOLD OUT FOR RENT ANY
DWELLING UNIT FOR VACATION RENTAL USE IN ANY
DISTRICT WHERE A VACATION RENTAL USE (LESS THAN 28 e
DAYS) IS PROHIBITED.
*THIS IS AN ALLEDGEDEAT VIOLATION. NO EXTRA TIME IS GIVEN T
COMPLY.
"THIS CASE MAY BE PRESENTEDTO THE CODE ENFORCEMENT SPECIAL
MAGISTRATE,EVEN IF THE REPEAT VIOLATION AS BEEN CORRECTED PRIOR
HEARING.
Corrective Act.on Required:
CEASE AND DESISTACTIVITIES INCLUDING
ADVERTISING, LEASING F, RENTING OF, OR HOLDINGT FOR
RENT FOR LESS THAN 28 DAYS. NO EXTRATIME TO COMPLY WILL BE
GIVEN AST IS VIOLATION IS CONSIDERED TO BE
IIZREPARABLE/IRREVERSIBLEJU .
( ) PLEASE TAKEC h t a Public Hearing will be conducted y the Special
Magistrate in the above case on 07/26/2018t 9:00 AM at the Monroe County Govern
Regional Center, 2798 Overseas Hwy.,Marathon, Florida. ill Eli
EXHIBIT
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P.3.a
( ) You can avoid attending the hearing if all violation(s)noted above are corrected by 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 CodeInspector has reason to believe violation(s) or the condition causing the
violation(s) presents a serious threat tot the public health, safety, and welfare or is irreparable or
irreversible i a re, therefore no compliance date has been provided. This case may be
presented to the Special istae even if the violation(s) have been correctedprior to the
hearing.
(X ) The Code Inspector easbelieve repeat violation(s)have been found,therefore
compliance date has been provided. This case may be presented to the Special Magistrate even if
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e repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special agistrate may impose
fines, not to exceed $1, 00 per day per violation for a first violation, $5,000 per day per violation for
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to e
irreparable or irreversible in nature. In addition to such fines, the Special agistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is force
to correct your violtio (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 AGAINSTY
AND YOUR PROPERTY.
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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
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Liaison for the Special agistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 335 hone: 0.
(3 5) 289-259, Fax: (3 ) 2 9-2858, prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request
continuance, a written request on the County's form must be made at least five (5)business days before 0)
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 DOESN
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.
DECIDENOTE: IF YOU 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 SpecialMagistrate's
Final Order.
PETITIONER
EXHIBIT
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P.3.a
IT IS YOUR RESPONSIBILITYO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the earig(s). Please contact your inspector at the appropriate location:
-
FRANCIE
Senior Code Inspector305-289-2589
LowerKeys: 553 College Road, Suite 24
Key West,FL 33040 (305) 292-4343
Nfiddle ]Keys: 2798 verseas Highway, Suite 33
Marathon, FL 33050 (3 5) 289-2859
UerKeys: 10250 Overseas Highway
Key Largo, FL 33037 (305) 53-8806
CERTIFICATION F SERVICE
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I hereby certify that a copy hereof has been furnished tot e above named addressee(s)by Certified Maul,
Return Receipt Request No.: 7018 0360 0002 1536 7636 on
Code Compliance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED U E CD
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECTCD
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THE MONROE COUNTY COURTHOUSE, co
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A ASSISTANCE: If you are a person with a disability who needs special accommodations in U
order to participate in this proceeding,please contact the County Administrator's OfEce,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
PETITIONER
WRIT
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MONROE COUNTY CODE COMPLIANCE
AFFIDAVITI
Number:Case
FRANCIE BOELLARDMonroe County Code Compliance, declare under penalty of perjury, tat I posted
the property owned by: BENNETT NICHOLAS C , described as 14 ORANGE BLOSSOM RD ,
TAVERNIER, FL 33070 , having the property : 0048290000000 with a Notice of Violation/Notice of
Hearing for this case with a Hearing Date of 07/2 /2018 .
THIS ICE WAS POSTED :
V ____ SUBJECT PROPERTY A STATED ABOVE
Date. NY Time: I -)
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Monroe County Courthouse- 500 Whitehead Street, Key West, Florida
Date: Time:
Monroe County Courthouse-3117 Overseas Highway, Marathon, Florida
Date: Time;
Plantation Key Courthouse-88820 Overseas Highway, Tavernier, Floddaco
Date LIL Time: - C1 y
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Signature:~ � ... . } ..� 00.
Sworn to and su r'' e b forte this d y o 1 �p'i , 20
NICOLE M. .m
IREs:Jahuvy 3,2= Notary Public, State of Florida
PF `�`'•, Thru RlotaYndmiftm
CERTIFICATION MAILING:
I, FRANCIE BOELLARD, Monroe County Code Compliance, declare under penalty of perjury, tat I maiied
duplicate copy of the above-mentioned Notice via First Class Mail to: BENNETT NICHOLAS C , 184
ORANGE BLOSSOM RD , TAVERNIER, FL 33070-2751 . to I
Sinture
Sworn to and subscribed before me this M 774 day of I - , 20= `
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;�, ' ��• I S:J&fmq 3,2022 Notary Public, State of Florida
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Ocean Front home set In Paradise, W
Tavernier,close to Isiamorada.Florida Keys t2b a 1'lF.M
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bedroom,four bathroom home,over 4000 sf with over 100tt of dock frontage
directly on the ocean,lots of room for your boat or yacht.Oversized lot makes LU
home very private. _ (�
Enjoy sunrise In the hot tub on the third floor balcony
or lounge at sunset with amazing mean views just outside the large muter O
bedroom(with king size bed),large master bathroom with Jamul tub and steam
shower.
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The second floor features a large,gourmet kitchen stocked with - O•
al I the essentials.There are two bedrooms(each with king size bed)and two O.
bathrooms on this floor(one en suite},The living room with two tv's and
entertainment area(with gamest for the kids.The large dining table and
multiple areas for seating provides lots of room to entertain.
The first
floor features a large bedroom with king size bed,large bathroom and a jacuul-
tub.There Is a trundle bed In bedroom as well
Outside there Is a
wanderful outdoor barbecue with seating.bki bar with tv,refrigerator and a
commercial grade ice machine(great tar fishing).You will want to spend hours
in the pool(heated If you wish),lounge oo the couches,enjoy drinks by the
outdoor fin pit,dine under the tiki but or enjoy the kayaks,paddle board and
bikes provided by the host.Host also provides beach towels.
If you have
a group with children(or fun adultsI they will love the sport court,basketball
hoop.Pool table,ping pong table and outdoor games.
There Is a 28 foot
boat that can be rented with captain.4 you want to enjoy the mean or
bay
This property is close to Pennekamp Park Malasses Reef'shing
diving and many more mean activities.You can even look for lobster in the
canal in(rant of the home
Great place to relax and enjoy time with
'am ly and friends
See!he Video and Photos View less - 81� w,v j�m'1Prat7Usus,, _
ETITION 0
Owner HIBIT
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05-23-2018
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Ocean Front home set in Paradise,Ta-ernier..,-V"O Page 2
Response rate Redpame time. Speaks. Calendarlatupdated
100% WlthinAFssYHours English May21.2018
Amenities
Internet Swimmingpool Hot Tub
Alr Conditioning Washer 6 Dryer
Bedrooms
s
Bedroms,Sleeps 14
M
Bathrooms
4
Bathrooms
Meals
Catering a"liabie
General
Air Conditioning Washing Machine Inte'a- t
Dining
D'ning Area
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Outside
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lawn/Garden Kayak/Canoe Boat Deck O,
Newly ] NIB /Patio O.
otad tlspvn mrttiw pekk bdleMwAey kryelu.one crave—roWle board—,I- 29foot,swim]00 ramYu mamraavailoNe aetrybtldrdnom
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Nkes.]reanNrentbaes durooN e06argl.. tlN Mnwith atdov eeadrsror over ld.
Pool/Spa
Private Pool Hot Tub,
Notes
The home has been rebuilt and Is looking better
than before Irma.
House Rules
Check-In:4.100 PM Check-out 11:0OAM
Cancellation Policy
100%refund If canceled a::kart 30 daya before arr-I date.50%refund if eunce ea a t Isast 11 days before ar,i,nI date.Yw mus I'coa'.ar,.
the owner directiy to reques+c—Oation
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as ny IT
Reviews Packet Pg. 2654
Ocean Front home set in Paradise,Tavernier— - VRBO Page 3
Latest reviews
1-2of
2
Perfect
515
*yr***Stem~20 8
nancy k.Tonawanda.NY 14150
The property Is beautiful,hosts provided everything
needed and were amdous to supply anything we needed.So much todo right at the
house,pool toys,badminton,fishing kayakln&canoe,lots of bicycles to use,
basketball,Just wonderful.Our greeter,Valerie,was more than helpful.The
grandklds want to come back to same house nett year!Fortunately,our weather
was perfect!Nancy
Submitted Apr
07,2016
Owners
Response•.
Thank you so much for
your review and for taking such wonderful are of our home.We loved having..
you.,
LU
Paradise found (a
srs
t}ff{y lr SWWN-2017
Brett Edward Ecklay B. LLJ
The house Is well appointed and comfy for a lengthy
stay.Kitchen and living room are great fa group dining.The outdoor areas Uj
great for socializing.The pool is heated and refresNn&But the best part of
the property Is the view and the locatiom you have a parommic view of the
ocean.There is a canal behind the house to play In(paddle board,fish, cy
snorkel.boat,etc).As far as the eye can see you on safely snorkel,paddle
board,or kayak out If you're adventurous.The owners are genuinely Wce people
and they want their guests to have a wonderful stay.Houses around us were net
occupied due to hurricane damage,but the owners put in much time and effort to
keep this property In top shape,Thank you for sharing your house with us!We 03
had an amazing time! T—
LU
Submitted N-
27 2017
0
Owner's
Response:
Thank you so much!We 0.
loved having you!I 0.
_•2.of
2
Location
tisst,�,
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Packet Pg. 2655
P.3.a
COMPLIANCEBEFORE THE UNTY CODE ECI M. JSTRATE
MONROE COUNTY, FLORIDA
DOCK 2185926 09/ 0/2018 :
Fi:ed & Recorded in Official Records of
MONROE COUNTY KEVIN MADO
MONROE COUNTY FLORIDA,
Petitioner, DocN 2185926
Bkq 2926 PqN 670
V .
NICHOLAS C BENNETT Case No.: CE18060043
Respondent(s). Subject Property Real Estate Number 00482980-000000
FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or witnesses
under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative co
er 1 were not present and i did not contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is LU
incorporated herein as if fully set forth.
( ) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. LU
( ) 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
LU
served upon the Respondent(s).
O ONE-TIME FINE-The violation(s) is found to be irreparable or irreversible and cone-time fine of$ a �,
is ORDERED, payable within days of this Order.
O COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to 'S
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is co
LU
closed. U
( ) The Respondent(s) shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before U
("THE COMPLIANCE DATE").
In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
134.1.( W) COMPLIANT
for each day BEGINNING ON THE DAY AFTER THE 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.
C ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Vioiatiol otice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATEbut 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.
( ) Other: THE CHARGE 13 - NO)WAS FOUND TO BE A REPEAT VIOLATION.
Page
Packet Pg. 2656
P.3.a
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 RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COMPLIANT BY CALLING CODE COMPLIANCE_AT 305 453.8806-- OR THE UPPER KEY 89.2810 FOR THE MIDDLE
KEYS;(305)292.4495 OR THE LOWER KEYS.
DATED this day of , 20
r^'P P
Van ningham,Special Magistrate
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.
co
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. LU
LU
CERTIFICATE 0 ER 000a 21a5s26
Oka 2926 Pga 671
I hereby certify that this is a true and correct copy of the above Order. co
Nicole M. Petrick, Liaison
0
CASE NUMBER: CE18060043
0
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
NICHOLAS C BENNETT
184 ORANGE BLOSSOM RD
TAVERNIER, FL 33070-2751
Location of subject property:
184 ORANGE BLOSSOM RD
TAVERNIER, FL 33070
Real Estate Number: 00482980-00000
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 rope A praise's Office as referenced
above and/or Authorized Representative - __ on this __I
_ day of
" 2
Nicole M. Petrick, Liaison MONROE COUNTY
OFFICIAL RECORDS
Page
Packet Pg. 2657
P.3.a
County of Monroe
The Florida Keys
Code Compliance Department Board of County Commissioners
2798 Overseas Highway ' Mayor David Rice,District 4
Marathon,Florida 33050 Mayor Pro Tem Sylvia Murphy,District 5
Voice:(305)289-2810 Danny Kolhage,District 1
FAX: (305)289-2858 George Neugent,District 2
Heather Carruthers,District 3
NICHOLAS C BENNETT
184 ORANGE BLOSSOM RD
TAVERNIER, FL 33070-2751
August 1, 2018
co
Subject: Code Compliance Case CE18060043
Property Location: 184 ORANGE BLOSSOM RD, TAVERNIER, FL 33070
Parcel ID: 00482980000000
LU
Dear Property Owner:
This letter is to inform you that your code compliance case is compliant. Our records indicate that the total
co
amount of the costs of prosecution and investigation and one time fine due is $ 15,421.62. LU
r-
ONE TIME FINE: $ 15,000.00 and
COSTS: $421.62
0
Please note: The Costs of$421.62 must be paid within 30-days of this letter. Pursuant to the Final Order
dated 07/26/18, the one time fine of$ 15,000.00 is due on or before 08/26/18.
You can resolve this matter by remitting payment in full to:
Monroe County Code Compliance Department
Attention: Nicole Petrick
2798 Overseas Highway, Suite 330
Marathon, Florida 33050
Please make checks payable to Monroe County Code Compliance. Failure to timely remit payment in full
may result in a lien imposed against your property. Thank you in advance for your cooperation in this
matter.
Very truly yours,
Nicole Petrick
Special Magistrate Liaison
petrck-nicole@monroecounty-fl.gov
Packet Pg. 2658
County of Monroe
The Florida Key,
Code Compliance Department - Board of County Commissioners
2798 Overseas Highway I27 Mayor David Rice,District 4
Marathon.Florida 33050 {999,��L 1_ Mayor Pro Tern Syria titurphy, District 5
Voice. (305)289-2810 NI. r Danny Kolhage. District I
FAX: (305)289-2858 George Neugent. District 2
Heather Carruthers.District 3
NICHOLAS C BENNETT
184 ORANGE BLOSSOM RD
TAVERNIER, FL 33070-2751
September 11, 2018co
Subject: Code Case CE18060043
Property Location: 184 ORANGE BLOSSOM RD, TAVERNIER, FL 33070 c,
Real Estate No.: 00482980000000 °®
Dear Property Owner(s),
ca
This letter is to inform you that a lien against your property was recorded in the Official Records of Monroe County
on September 10, 2018 at Book 2926, Page 670. The current amount of the County's lien is $ 15,477.09(one-time CD
fine and costs) which continues to accrue until the case is compliant and closed.
co
T_
This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real LU
and/or personal property you own.
You can resolve this matter by mailing a check made payable to Monroe County Code Compliance to:
0
Monroe County Code Compliance Department
Attention: Nicole Petrick
2798 Overseas Highway, Suite 330
Marathon, Florida 33050.
Please note the case number on the check and indicate to whom we should mail the original release. It shall be the
recipient's responsibility to record the release in the Official Records at the Clerk of Courts.
Respectfully yours,
�,A g?,6 A���
Nicole Petrick
Special Magistrate Liaison
(305) 289-2509
Petrick-Nicole(y 1110nroLccOLIMN4I.20N
Packet Pg. 2659
3/10/2020 gPublic.net-Monroe County,FL-Report:00482980-000000 P 3 a
.. Monroe County, FL
Disclaimer
The Monroe County Property Apppraiser's office maintains data on property within the County solely for the
purpose of fulfilling its responsiblllty to secure a just valuation for ad valorem tax purposes of all property within
the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.
Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years.By requesting
such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should
not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00482980-000000 1592595-20
Acmuntp 1592595
PropertylD 1592595
MIIIage Group SOOP
Location 1840RANGE BLOSSOM Rd,TAVERNIER
Address
Legal BK3EL20FLT14 AND ALL LTiSTAVERNIER OCEAN SHORES KEY LARGO
Description PB4-112OR460-574/75OR562-934OR576-136ORS83-684OR1157-528
OR1184-2061 OR1289-49 OR1580-373 OR1766-1013AFF OR1766-
1014/15AFF OR1766-1016/17A OR2602-2319
(Note:Not to be used on legal documents,) LU
r
Neighborhood 1713 (' �
Property SINGLE FAMILY RESID(0100)
Class
Subdivision TAVERNIER OCEAN SHORES LU
Sec([WWft 26/62/38
Affordable No
LU
Housing
Owner
BENNETT NICHOLAS C
184Orange Blossom Rd
Tavernier FL 33070 co
e-
LU
valuation U
2019 2018 2017 2016
+ Market Improvement Value $314,365 $351.726 $439,657 $381,315
+ MarketMiscValue $131,553 $121,413 $132,688 $116,839
+ Market Land Value $667,997 $667,997 $667.997 $627,130 O
i�
Just Market Value $1,113,915 $1,141,136 $1,240,342 $1,125284
® Total Assessed Value $1,113,915 $1,141,136 $1,237,812 $1,125:284
School Exempt Value $0 $0 $0 $0
School Taxable Value $1,113,915 $1,141,136 $1,240,342 $1,125,284
Land m
Land Use Number of Units Unit7ype Frontage Depth O
RES WATERFRONT(010W) 13,125.00 Square Foot 0 0
Buildings
Building ID 26785 Exterior Walls C.B.S.with 29%WD FRAME
Style STILT2STORY Year Built 1982
Building7ype S.F.R.-R1/R1 EffectiveYearBuilt 1995
Gross Sq Ft 6582 Foundation CONC PILINGS
Finished SgFit 2758 Roof Type REINFORCCONC
Stories 3Floor Roof Coverage MIN/PAINTCONC
Condition AVERAGE Flooring7ype CERM/CLAYTILE
Perimeter 424 HeatingType NONEwithO%NONE
Functional Obs 20 Bedrooms 5
Economic Obs 0 Full Bathrooms 4
Depreciation% 32 Half Bathrooms 0
Interior Walls DRYWALL Grade 550
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
CPF COVERED PARKING FIN 364 0 82
OPX EXC OPEN PORCH 683 0 236
FLA FLOORLIVAREA 2,758 2,758 308
LLF LOW LEV FIN 840 0 116
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ODU OP PR UNFIN UL 501 0 420
PTO PATIO 1,436 0 3"
TOTAL 6,582 Z758 1506
Yard Items
Description Year Built Roll Year Quantity Units Grade
FENCES 1981 1982 1 1050 SF 2
WALLAIRCOND 1981 1982 1 4UT 2
CONC DAVITS 1995 1996 1 1 UT i
TIKI 1995 1996 1 240SF 5
FENCES 1995 1996 1 372SF 4
CH LINK FENCE 1995 1996 1 96SF 1
BRICK PATIO 2007 2008 1 2010SF 2
UTILITY BLDG 1995 1996 1 160 SF 3
BOAT LIFT 2002 2003 1 1 UT 4
WROUGHT IRON 2008 2012 1 96SF 4
CONCRETE DOCK 1981 1982 1 732 SF 5
HOTTUB 2003 2013 1 1 UT 3
RW2 2003 2013 1 190SF 2
WROUGHT IRON 2003 2013 1 190SF 4
WROUGHTIRON 2003 2013 1 240SF 4
CONCRETE DOCK 2003 2013 1 270SF 5 r
CUSTOM PATIO 2003 2013 1 300SF 4 (J
RES POOL 2005 2013 1 450 SF 3
LU
Sales
LU
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
11/28/2012 $1499,000 Warranty Deed 2602 2319 02-Qualified Improved
1/4/2002 $780,000 Warranty Deed 1766 1016 Q-Qualified Improved
5/28/1999 $70,000 Warranty Deed 1580 373 C-Unqualified Improved
1/1/1994 $335,000 Warranty Deed 1289 0049 Q-Qualified Improved
9/1/1991 $282,000 Warranty Deed 1184 2061 Q-Qualified Improved 00
r
2/V1970 $8,000 Conversion Code 576 136 Q-Qualified Vacant LU
CJ
U
Number Date Issued Date Amount Permit Type O
0 Completed 0 Notes
19301484 9/23/2019 $16,000 Residential 15,000 LB BOLT ON ELEVATOR BOAT LIFT
17304203 8/22/2017 12 IV2018 $3,500 Residential REPLACE(2)DAMAGED I BEAMS ON BOAT LIFT O0.
07304571 11/2/2007 1V28/2007 $1 Residential PAVERS I.
04305013 1V22/2004 5/1V2005 $1 Residential REMOVE/REPLACE CONCRETE SLAB
04303136 8/31/2004 7/6/2005 $1 Residential INTERIOR REMODEL
2303485 8/23/2002 12/17/2002 $1 Residential BOATUFT
00303747 8/21/2000 11/2V2005 $1 Residential POOLANDSPAdhc
00301800 5/10/2000 8/18/2003 $1 Residential DOCK REPLACEMENTAND ADDITION dhc 0)
95303204 4/16/1996 10/6/1999 $16,000 Residential 1031 SQ FT SECOND FLR ADDITION WITH 666 SQ FT OF PORCH AND STAIRS.SINGLE
FAMILYUSEONLY O
9532780 10/1/1995 10/1/1996 $1 Residential FENCE
786 9/12/1975 4/27/1977 $1,500 Residential CBSANDWOODDOCK
38873 5/20/1974 9/30/1982 $28,000 Residential 39X 48 SINGLE FAMILY RESIDENCE
View Tax Info
Vlew Taxes for this Parcel
Sketches(click to enlarge)
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DANISE 0. HENRIQUEZ C.F.C. 2079 Paid Real Estate
MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS P•3•a
N N
1592595 CL-0015142 500P 1592595 fO !'
0
BENNETT NICHOLAS C 00482980000000266238 °'
184 Orange Blossom Rd 184 ORANGE BLOSSOM Rd N
Tavernier,FL 33070-2751 N
BK 3 E 1/2 OF LT 14 AND ALL LT 15 TAVERNIER
OCEAN SHORES KEY LARGO PB4-112
OR460-574/75 OR562- v_
w
AD VALOREM TAXES
AUTHORITYTAXING • • AMOUNTS
SCHOOL STATE LAW 305-293-1400 1.5550 1,113,915 0 1,113,915 1,732.14
SCHOOL LOCAL BOARD 305-293-1400 1.7880 1,113,915 0 1,113,915 1,991.68
GENERAL FUND 305-292-4473 0.7697 1,113,915 0 1,113,915 857.38
F$F LAW ENFORCE JAIL 305-292-7017 1.7747 1,113,915 0 1,113,915 1,976.86
HEALTH CLINIC 305-296-4886 0.0437 1,113,915 0 1,113,915 48.68
GENERAL PURPOSE 305-292.4473 0.1725 1,113,915 0 1,113,915 192.15
MOSQUITO CONTROL 305-292-7190 0.4508 1,113,915 0 1,113,915 502.15
CD
M C LOCAL ROAD PATROL 305-292-7017 0.3484 1,113,915 0 1,113,915 388.09
SFWM DIST 800-432-2045 0.1152 1,113,915 0 1,113,915 128.32 CD
OKEECHOBEE BASIN 800-432-2045 0.1246 1,113,915 0 1,113,915 138.79 s ! T-
LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 2.0792 1,113,915 0 1,113,915 2,316.05
EVERGLADES CONST PRJT 800-432-2045 0.0397 1,113,915 0 1,113,915 44.22 a I
a
m :
m !
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TOTAL MILLAGE 9.2615 AD VALOREM TAXES $10,316.51
MO CO SOLID WASTE 305-292-4536 402.00 Uj
01
KEY LARGO WASTEWATER#5 305-451-4019 1 347.88
O
O
NON-AD VALOREM ASSESSMENTS $749.88
See reverse side for
COMBINED TAXES AND ASSESSMENTS $11,066.39
important information.
If Postmarked By Nov 30,2019
Please Pay $0.00 IF PA'
DANISE D. HENRIQUEZ C.F.C. 2019 Paid Real Estate
MONROE COUNTY TAX COLLECTV NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
PROPERTY ID# lxcmmi �
1592595 CL-0015142 500P 1 1592595
00482980000000266238
z BENNETT NICHOLAS C 184 ORANGE BLOSSOM Rd
184 Orange Blossom Rd
a Tavernier,FL 33070-2751 BK 3 E 1/2 OF LT 14 AND ALL LT 15 TAVERNIER
OCEAN SHORES KEY LARGO PB4-112
OR460-574/75 OR562-
z
cc
Cr CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO DANISE D.HENRIQUEZ,C.F.C.TAX COLLECTOR•P.O.BOX 1129,KEY WEST FL 33041-1129
If Postmarked By Nov 30,2019
Please Pay $0.00 :1
Paid 11/26/2019 Receipt# 000-19-00007206 $1
Paid By TD BANK Packet Pg. 2664