Item P4 � P.4
� � �, 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.4
Agenda Item Summary #7039
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against TARAWA HOLDINGS
LLC and their property, 426 Airport Drive, Summerland Key, Florida, to seek compliance with the
County Code and enforce the lien(s) arising from code compliance case number CE18040035, and to
expend County funds to demolish the unsafe structure, if approved by the Court.
ITEM BACKGROUND:
CE18040035: This property has been the subject of a code compliance case for failure to obtain
required permit to repair/demolish unsafe structure. The fines total $248,500.00 as of June 5, 2020
and will continue to accrue for two violations at $250.00 per day, per violation, until compliance is
achieved.
A hearing was scheduled for October 25, 2018. On October 23, 2018, property owner executed a
Stipulation to Code Violation and for Time to Comply agreement with the County. On October 25,
2018, the Special Magistrate approved the stipulated agreement and ordered a compliance date of
January 24, 2019. The County's lien was recorded on February 5, 2019. A subsequent hearing was
held on September 26, 2019 and the property owners were not present. The Special Magistrate
found the property was still in violation and granted the County's motion to proceed with
collections. The code case remains open for non-compliance and failure to pay outstanding fines
and costs.
The Monroe County Property Appraiser lists the Just Market Value for the property at $560,868.00.
There are no mortgages or additional liens on this property. The property is not a homestead and
there are no pending foreclosures actions at this time.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment,
demolition and/or writ of execution;
2. Allow the liens to remain against the property owner, the subject property and any other
Packet Pg. 2665
P.4
property owned by the property owner;
3. Reduce the amount of the fines; and/or
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment, writ of execution, and/or authorization for staff to expend County
resources to demolish the unsafe structure, if necessary. The County has exhausted all other
mechanisms available to persuade the property owner to achieve compliance.
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.
Approval of a Process and Procedure for the removal of unsafe, unoccupied, non-homestead
structures to protect the health safety and welfare of Monroe County residents on June 15, 2011.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: APPROVAL
DOCUMENTATION:
AIS Support Doc CE18040035
Resolution 057-2014 LIEN PROCESS
AIS Unsafe Process 6-15-11
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: 10,000.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Packet Pg. 2666
P.4
Additional Details:
07/15/20 148-50001 - GROWTH MGMT ADMIN $10,000.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 07/27/2020 11:21 AM
Paunece Scull Completed 07/28/2020 1:11 PM
Bob Shillinger Completed 07/28/2020 3:38 PM
Assistant County Administrator Christine Hurley Completed
07/28/2020 4:47 PM
Kathy Peters Completed 07/29/2020 9:09 AM
Board of County Commissioners Pending 08/19/2020 9:00 AM
Packet Pg. 2667
P.4.a
BRIEF FOR TARAWA HOLDING LLC — MOTION FOR COLLECTIONS 9-26-19
Cynthia J. McPherson
Monroe County Code Compliance
Subject Property - 426 AIRPORT DR SUMMERLAND KEY
Violation description — UNSAFE CONDITIONS- PERMITS REQUIRED --
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Lien filed 2-5-19 and remains unpaid. 11" Co
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e Property is NOT in compliance.
This Lien _$121,493.15 fines as of September 24, 2019.
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed Cert Mail on July 22, 2019 to
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address on PRC, and Return receipt was signed with no date indicated; Motion mailed by `CD
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Certified Mail to Registered Agent on July 22, 2019, returned. Property and court house Co
posted August 13, 2019.
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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.
CE18040035 Tarawa Holdings LLC.docx
Packet Pg. 2668
P.4.a
BEFORE TnE CODE COMPLIANCE SPECIAL ivAAGISTRATE
JOHN VAN LANINGIIAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE18040035
TARAWA HOLDINGS ITC, )
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Respondent(s). co
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NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING
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 02/05/19, Book 2947,Page 1750 on the
property that was the subject of the code compliance action described as: 426 AIRPORT DR SUMMERLAND KEY,
FL,MONROE COUNTY,FLORIDA,RE#00190240000000,and upon any and all other real and/or personal property ,
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you own. The current outstanding amount of the County's lien as of July 17, 2019 is $86,875.10 (fines and costs)
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which continue to accrue and increase until the case is compliant and closed. This motion will be considered on V
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September 26, 2019 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m.,
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Marathon, FL 33050.
Steven T. Williams
Assistant County Attorney
1111 121h Street Suite 408
Key West, Florida 33040 m
(305) 292-3470 0
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
I hereby certify that on this A day of , 2019 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No. rlL-)�S D&;,o o000 q q-T( L l:�&5 to
TARAWA HOLDINGS LLC,RICHARD W.ROGERS,REGISTERED AGENT,20039 GUNDER ROAD,
RRISTOL,IN 46507
Cod ompli ce Department
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 m.
later than ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711" Packet Pg. 2669
P.4.a
County of Monroe
e Florida Keys
Code Compliance Department ' Board of Count
v Commissioners
2798 Overseas Highway Mayor Syl,.ia J. Murphy,District 5
Marathon,Florida 33050 t Mayor Pro Tem Danny L. Kolhage.Dist.
Voice: (305)289-2810 4W Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers,District 3
° David Rice.District 4
TARAWA HOLDINGS LLC
RICHARD W ROGERS,REGISTERED AGENT
20039 GUNDER ROADCD
RRISTOL IN 46507 CD
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July 17, 2019
Subject: Code Case: CE18040035
Location: 426 AIRPORT DR SUMMERLAND KEY, FL
Dear Property Owners,
This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of t
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code LO
compliance action and upon any and all other real and/or personal property you own. CD
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Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
September 26, 2019. The purpose of this hearing is to consider approval to initiate collection proceedings, c,
(complaint for foreclosure and/or money judgment).
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Our records indicate that the violations remain on your property and the fines will continue to run until the property
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate 0.
location:
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
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 violations are corrected and the case is closed.
Respectfully yours,
t r .
Laurabf.Qoodman
Collections Facilitator 305-289-2580
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MONROE COUNTY
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&a jNROE COUNTY CODE COMPLIA.."E
AFFIDAVIT OF POSTING
CASE: CE18040035
INSP: LINK, DIANE
ell
Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: TARAWA HOLDINGS LLC , described as 426 AIRPORT DR ,
SUMMERLAND KEY, FL , having the property RE#: 00190240000000 with the Notice of Hearing for this
case with a Hearing Date of 09/26/19.
THIS NOTICE WAS POSTED AT:
SUBJECT-P OPE TY AS STATED ABOVE
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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:
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Plantation Key Courthouse-88820 Overseas Highway, Tavernier, Florida `CD
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Signature: _ _. .
Sw i 71fhis day of 20
,J" .pCYAU ,, NICOLE_M.PE(RICK
MY COMMISSION#0317221 it 'r Gs '"A
'EXPIRES:January 3,2u22
6ondedThru Notary Publi-.underwdt..� Notary Public, State of Florida
wiav:�sucus.s.
CERTIFICATION OF MAILING: E
Monroe County Code Compliance, declare under penalty of 12
perjury, than)I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: TARAWA
HOLDINGS LLC , RICHARD W ROGERS, REGISTERED AGENT, 20039 GUXD R ROAD, BRISTOL, IN
46507.
Signature:
Sworn to and subscribed before me this ., day of� . , 20,_
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/13/19 INSPECTOR LPETITIONER'S
EXHIBIT
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N .JNROE COUNTY CODE CO PLIAr.%;E
AFFIDAVIT OF POSTING
CASE: CE18040035
INSP: LINK, DIANE
I, 0 1,\V �h ti-� t , Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: TARAWA HOLDINGS LLC , described as 426 AIRPORT DR ,
SUMMERLAND KEY, FL , having the property RE#: 00190240000000 with the Notice of Hearing for this
case with a Hearing Date of 09/26/19.
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE co
Date: Time:
Monroe County Courthouse—500 Whitehead Street, Key West, Florida
Date: Time: Y
Monroe County Courthouse—3117 Overseas Highway, Marathon, Florida
Date: Time:
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Plantation Key Courthouse— 88820 Overseas Highway, Tavernier, Florida CD
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Signature: ,>
Sworn to and Au=d?g=, a this day of rf , 20� : 0
WO GLE P PF RICK
pi 'Y o^ e.SSION E GG 172231 -
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Notary Public State of Florida
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CERTIFICATION OF MAILING: E
Monroe County Code Compliance, declare under penalty of
perjury, th t I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: TARAWA
HOLDINGS LLC , RICHARD W ROGERS, REGISTERED AGENT, 20039 Gl DER ROAD, BRISTOL, IN
46507. „
Signature
Sworn to and subscribed before me this ! ... day of 20 t
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E18040035 E: 00190240000000 PETITIONERgs
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COURTHOUSE POSTING
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BEFORE B aa>E CODE COMPLIANCE SPECIAL �.aAGISTRATE
JOHN VAN LANINGIIAM
MONROE COUNTY, FLORIDA
MONROE COUNTY,FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE18040035
TARAWA MOLDINGS LLC, )
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Respondent(s). co
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NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/Olt MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING
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 02/05/19, Book 2947,Page 1750 on the
property that was the subject of the code compliance action described as: 426 AIRPORT DR SUMMERLAND KEY,
FL,MONROE COUNTY,FLORIDA,RE#00190240000000,and upon any and all other real and/or personal property ,
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you own. The current outstanding amount of the County's lien as of July 17, 2019 is $86,875.10 (fines and costs)
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which continue to accrue and increase until the case is compliant and closed. This motion will be considered on
September 26, 2019 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m.,
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Marathon,FL 33050.
Steven T. Williams v)
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Assistant County Attorney
1111 121 Street Suite 408
Key West, Florida 33040
(305) 292-3470 e
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
I hereby certify that on this Q9ha day of �t� , 2019 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No. "�G ogit) Ow( qq; , (os to
PO BOX 1142 MIDDLEBURY, IN 46540
Code Compl' ce Department
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 ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711".
Packet Pg. 2676
P.4.a
County of Monroe
The Florida Keys
Code Compliance Department Board of County Commissioners
2798 Overseas Highway Mayor Sylvia J. Murphy.District 5
Marathon,Florida 33050 Mayor Pro Tern Danny L. Kolhage.Dist. 1
Voice: (305)289-2810 Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers.District 3
David Rice.District 4
TARAWA HOLDINGS LLC
PO BOX 1142
MIDDLEBURY,IN 46540CD
CD
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July 17, 2019
Subject: Code Case: CE18040035
Location: 426 AIRPORT DR SUMMERLAND KEY, FL
Dear Property Owners,
This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code
compliance action and upon any and all other real and/or personal property you own. LO
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Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
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September 26, 2019. The purpose of this hearing is to consider approval to initiate collection proceedings,
(complaint for foreclosure and/or money judgment).
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Our records indicate that the violations remain on your property and the fines will continue to run until the property
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location:
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
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 violations are corrected and the case is closed.
Respec ully y�c�urs,
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to
Laura Croodman
Collections Facilitator 305-289-2580
Goodmaii-lau,-a@si,,oritoecounty-fl.gov
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.: CE18040035
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TARAWA HOLDINGS LLC, )
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Respondent(s). )
ORDER AUTHORIZING FORECLOSURE
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained
unpaid for at least 3 months from the date of the Order. Therefore,it is hereby ORDERED that the office
of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover Lo
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the amount of the lien plus accrued interest.
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DONE AND ORDERED this o 2019, at the Marathon
Government Center, Marathon, Florida.
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Joh . Van L gham
Special agistrate
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 w/the Monroe County Property
App s is Office as referenced above and/or Authorized Representati e,
on this /s day of , 2019.
Nicole M. Petrick, Liaison
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County of Monroe � <�
Code Compliance Department w
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF FEARING
To: TARAWA :HOLDINGS LLC Case Number: CE18040035
P O BOX 1142
MIDDLEBURY IN 46540
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Location: 426 AIRPORT DR SUMMERLAND KEY,FL
Re Number: 00190240000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 04/11/2018
and subsequently found the following violation(s) of the Monroe County Code:
6-27.(b)(2)a- UNSAFE STRUCTURAL ELEMENTS
THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY LO
UNSAFE DUE TO THE FALLING AWAY/APART/LOOSE OF THE CD
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STRUCTURAL ELEMENTS
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Corrective Action Required: ca
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO REPAIR OR DEMOLISH THE OFFENDING ELEMENTS AS
DESCRIBED IN THIS NOTICE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH, SAFETY AND WELFARE.
6-27.(b)(2)b - UNSAFE/STRUCTURAL DETERIORATIO
THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY
UNSAFE DUE TO DETERIORATION OF THE STRUCTURE OR
STRUCTURAL PARTS.
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO DEMOLISH THE OFFENDING STRUCTURE/STRUCTURAL
PARTS OR OBTAIN A PERMIT TO BRING THE STRUCTURE/
STRUCTURAL PARTS UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH SAFETY AND WELFARE.
PE ITION
,
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P.4.a
( ✓S PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 10/25/2018 at 9:OOAM at the Monroe County Government
Regional Center,2798 Overseas Hwy., Marathon,Florida.
( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A 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 CD
nature, therefore no compliance date has been provided. This case may be presented to the Special
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Magistrate even if the violation(s) have been corrected prior to the hearing. LU
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( ) 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
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to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
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County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY. co
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 E
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 th
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Packet Pg. 2682
P.4.a
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final Order.
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:
LINK, DIANE
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
co
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810 ca
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 named addressee(s) by Certified
Mail, Return Receipt Request No.: 7016 0910 0001 4842 2755
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Code o ce Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND c
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 "711EM
".
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ComplaintMONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL
Number:
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County of Monroe
Code Compliance Department �� r
2798 Overseas Highway
Marathon, Florida 33050 �`
NOTICE OF VIOLATION/NOTICE OF HEARING
o: RICHARD W ROGERS Case umber: CE1804 035
20039 GUNIDER ROAD
BRISTOL IN 46507
Property Owner: TA WA HOLDING LLCco
Location: 426 AIRPORT DR SUMMERLAND KEY, FL
Re Number: 00190240000000
DEAR PROPERTY OWNER,
j
You are hereby notified that an investigation of the above property was initiated on 04/11/2018
and subsequently found the following violation(s) of the Monroe County Code:
6-27.(b)(2)a-UNSAFE STRUCTURAL ELEMENTS
THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY LO
UNSAFE DUE TO THE FALLING AWAY/APART/LOOSE OF THE CD
STRUCTURAL ELEMENTS
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Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO REPAIR OR DEMOLISH THE OFFENDING ELEMENTS AS
DESCRIBED IN THIS NOTICE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AST IS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH, SAFETY AND WELFARE.
6-27.(b)(2)b -UNSAFE/STRUCTURAL DETERIORATION
THE BUILDING OFFICIAL HAS DEEMED THIS PROPERTY
UNSAFE DUE TO DETERIORATION OF THE STRUCTURE O
STRUCTURAL PARTS.
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT A
PERMIT TO DEMOLISH THE OFFENDING STRUCTURE/STRUCTURAL
PARTS OR OBTAIN A PERMIT TO BRING THE STRUCTURE/
STRUCTURAL PARTS UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH SAFETY AND WELFARE.
EXHIBIT'
Packet Pg. 2685
P.4.a
(V/) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 10/25/2018 at 9:OOAM at the Monroe County Government
Regional Center, 2798 Overseas Hwy.,Marathon,Florida.
( ) You can avoid attending the hearing if all violation(s) noted above are corrected by N/A 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.
( V� The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
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presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
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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. co
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( ) 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 fords 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 LO
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU 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 U
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
ti Packet Pg. 2686
P.4.a
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final Order.
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 locat' n:
Z4a- �2- (Z -
INK, DIANE
Code Inspector
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330 co
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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 named addressee(s) by Certified
Mail, Return Receipt Request No.: 7015 1520 0003 0398 6602
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Code o i e Department
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".
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MONROE COUNTY FLORIDA
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MONROE COUNTY CODE COMPLIANCE
AFFIDAVIT OF POSTING
Case Number: CE18040035
I. it Monroe County Code Compliance, declare under penalty of
perjury, tat I posted the property owned by: TARAWA HOLDINGS LLC, described as 426 AIRPORT DR,
SUMMERLAND KEY, FL, having the property RE#: 00190240000000 with the Notice of Violation/Notice of
Hearing for this case with a Hearing Date of 10/25/2018.
THIS NOTICE WAS POSTED AT:
SUBJECT PRO TY STATED ABOVE
Date: v d Time: co
Monroe County Courthouse— 500 Whitehead Street, Key West, Florida
Date: Time: _
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Monroe County Co rthous —3117 Overseas High , Marathon, Florida
Date: L Time:
Plantation Key Courthouse— 88820 Overseas Highway, Tavernier, Florida LO
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Date: Time: ' o
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Sworn to and subscribed before me this C day of � •��..,,
"N. ry Publie Late of Florida
CERTIFICATION OF MAILING:
Monroe County Code Compliance, declare under penalty of
perjurer, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: TARAWA
HOLDINGS LLC, PO BOX 1142, MIDDLEBURY, IN 46540.
Signature: �---
Sworn to and subscribed before me this'_day of 0 r _, 2CL.
p NICOLE M.PETRICK
MY COMMISSION#GG 172281 Notary Public, State of Florida
EXPIRES:January 3,2022
Bonded Thru Notary public Urnderwrit�
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Monroe County Code Compliance Department
102050 Overseas Hwy, Suite 225
Key Largo, FL 33037
Phone: (305) 453-8806 Fax: (305) 453-8819
2798 Overseas Highway, Suite 330
Marathon, FL 33050-2227 co
Phone: (305) 289-2810 Fax: (305) 289-2858
5503 College Rd, Suite 204
Stock Island, FL 33040
Phone: (305) 292-4495 Fax: (305) 295-4344
Community o cer s & ComplaintForm
Date: _. �P_ 1 Method of Delivery: Phone In Person ( ) Other ( )
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The Florida County of Monroe
rMe cornollaigy 9mrtmeni3 , 9,Couo gois to
2798 Overseas HighwayIWM"' Mayor David Rice,District 4
MarathM Florida 33050 Mayor Pro Tern Sylvia Mu►phy,District 5
Vona(305)289-2810 Danny Kolhage,District t
FAX (305)289.2858 George NeUgenf,Cistrict 2
Heather Carruthers,District 3
Unsde, i e, Non-homestead Structure Inspection
Request/Referral
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FROM:
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CODE ENFORCEMENT
CAS o DATE:
Structure appears to be unoccupied and vacanL
Structure is non-homesteaded per the Monroce County Property Appraiser's records.
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COMMENTS: "a �b�L _ .
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Response from Building Offild'ah 0
I have inspected the above-mentioned property and deem the offending structure(s)uninhabitable due to the following
con ition(s),,
Structure is an unoccupied and vacant.
Structure is unsafe according to Florida uil Ong Code.
Structure contain-.unsafe equipment.
Structure is damaged,decayed,dilapidated, structurally unsafe.
Structure is of faulty construction.
Structure has an unstable foundation and that a partial complete collapse is possible.
Per FBC l .4.1: Permit is.Null and Void. Building Official is authorized to require work to be removed.
1,Reynaldo Ortiz.Building Official have personally inspected e above-mentioned propey and agree that due to
the above condition(s)there exist sufficient cause to demolish the offending c re(s).
11 Re -0Orb— tri i a ve personally inspected the above-mentioned property and have determined
t ,aehabilitation andlor repair of structuTe would a more reasonable approach to remedying the ,,iolation.
Signature&Title
Date
Packet Pg. 2697
uildigr17egLrgaent Board oLCoun&-_Cnnwdssianen
2798 Overseas H htiv- � � i'dayor David Rice,District
3w`fe�300 " 1 ;t"eyor Pro Terry SylviaJ.Aturpl ,District 5
,ttarcatdran.F1 33050 � � � Danny L•hold:oge.District 1
305-289-2501- Dice 7George Nerrgem,District 2
05-289-2515 Far r a Heather Carruthers,District 3
e strive 10 be caring,prqjessldiral,andjWr.
To: Tarawa Holdings LL
. Box 1142
Middlebury, IN 45
00
grope 426 Airport rive
erl Key, 1^L
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'ate: July 12, 2018
R : Mode e C i 5
='a nperty Owner
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�a are its v-1olation of Monroe o t av Code ec ores. 6-2 7 )2( ) Da.eri ''auo r`f i � wre and CD
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:ion 6-2 b)2 a) Failing era /AparVLoose.
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PURSUANT TO MONROE COUNT",`SECTION 6-�27 YOU ARE HEREBY ORDERED TO
COMPLY WITH THIS DIRECTIVE
M advised at"he Building Official is authorized to prosecute any violation of-,-his order by requesting
nit le-al counsel of she lu `sdicti n. or the Office of the tate's Attorney,, Institut t 4 appropriate
ceeding at ryas ,
D resolve this Code Violat`on you must obtain the necessary permits tear over the regtfired ,,,cr t
;4rr ct the violation. 1-falteration of me existing bui ding :ay out increasing or decreasing the floor area, �
-tructural repairs or alterations. installation of new windows or doors,new erects ical,plumbing r
ech icai is p£anned.,a design professional must Ran, isle the building department!,A.-i'di plans for
<� inaticn of tle alterations®
`please contact Rey Oktiz,Assistant SuildihngOfficial -%vitl in Sit days at 305-453-8814 from the date of
,his 'ester for pe i in information procedures. il•ta e to comply with this do ective��ry��i,i begin
:de Enforcement action which may include legal hearAng up,,, and inc:iuding coLnty de oiiti n of
-,-our siructize with a".en-Placed can the property,
tii£Griffinai.,
onroe Comity Building cia.l
_`05-2189-252l PETITIONER'S
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EXHIBIT
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P.4.a
MONROE COUNTY
Building Department
2798 Overseas Highway
Marathon, FL. 335
Building/Permitting/inspectioDivision
Unsafe Uninhabitable/Non-homesteaded Structure- Building Checklist Form- Report
Address: '. k DateCo
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IS'RUCTURAL:
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2.Crawl Space
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Unsafe Uninhabitable Non-homesteaded Structure- Building Checks For -Report
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17,rafters
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21.Outters ...�"
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25.Hardware exterior
26.Exterior stairs
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27.Porches j
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f28.Septic
a cove,
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On_Of Removed
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Unsafe Un nhabitable/Non-homesteaded Structure- BLaiding Checklist For -Report
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6-27(b)1(a:FIRE HAZARD/HAZMAT [ )6-27(b)2(h)NO PERM IT''EXPIRED PER T
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}6-27(b)1 b EGRESS/FIRE PROTECTION 6-27(b)2(€)VACANT/ABAND AND/OR COVERER
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( }6-27(b)2(e)ELECTRIC/PLUMBING/MECHANICAL I ( )6-27(c)2 POOLSISPAS/STAGNANT WATER
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Count of Monroe
The Florida Keys
Code Compliance Department Board of County Commissioners
2798 Overseas Highway Mayor Sylvia J.Murphy,District 5
Marathon,Florida 33050 .° Mayor Pro Tern Danny L.Kolhage,Distrie
Voice:(305)289-2810 - Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers,District 3
David Rice,District 4
TARAWA HOLDINGS LLC
PO BOX 1142
MIDDLEBURY,IN 46540
CD
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February 19,2019
Subject: Code Case CE18040035
Property Location: 426 AIRPORT DR, SUMMERLAND KEY, FL
Real Estate No.: 00190240000000
Dear Property Owner(s),
This letter is to inform you that our records indicate that the violation(s)remain on your property and the fines will
continue to run in the amount of $500.00 per day until the property comes into compliance.
Additionally, a lien against your property was recorded in the Official Records of Monroe County on 02/05/19, Boc
2947, Page 1750. The current amount of the County's lien is $ 12,854.70 (fines and costs) which continue to accrt
and increase until the case is compliant and closed. CD
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This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other re;
and/or personal property you own.
You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monrc
County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathoi
Florida 33050. The County will then provide a Release and Satisfaction of Lien to you.
If you have achieved compliance,please contact your Code Inspector at the appropriate location.
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
Respectfully yours,
(Zoe��
Nicole Petrick
Special Magistrate Liaison
(305)289-2509
1'etrick-NicoIelct"ntnnrOeanin.t Fl.Ly0V-
Packet Pg. 2702
P.4.a
BEFORE TH a, UNTY CODE COMPLIANCE SPECIAL kr , ISTRATE
MONROE COUNTY, FLORIDA
DacN 2204806 02/05/2019 3:57PM
Filed & Recorded in Official Records of
NONROE COUNTY KEVIN MADOK
MONROE COUNTY FLORIDA,
Petitioner, Docn 2204806
BkN 2947 PgN 1750
VS.
TARAWA HOLDINGS LLC Case No.: CE18040035
Respondent(s). Subject Property Real Estate Number: 00190240-000000
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: ca
The Respondent(s) and/or Authorized Representative SIGNED A STIPULATION AGREEMENT WITH MONROE COUNTY were not
present and did not contest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully
set forth.
(v/) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(v/) The Respondent(s) is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing
served upon the Respondent(s).
( ) ONE-TIME FINE-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/`) COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to t:�
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is LO
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closed.
(✓) The Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before
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01/24/19 ("THE COMPLIANCE DATE"). T_
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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:
6.27.(b)(2)a $250.00
6-27.(b)(2)b $250.00 (PER AGREEMENT)
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are Ln
hereby ORDERED.
(v/) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondent(s)shall pay the total amount of cost and/or fines($ )to
Monroe County Code Compliance within thirty(30)days of this Order.
(✓) Other: STIPULATION AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN.
Pagel
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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 of
personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three month;
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 Ic
COMPLIANT BY CAII IN- CODE COMPLIANCE AT 305 453.8806 FOR THE UPPER K _289.2810 FOR THE IDDL
KEYS• (305)292-4495 FOR THE LOWER KEYS.
DATED this eZ� day of CA 49r , 20
n G.V Laningham,Special Magistrate
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CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order. DacN 2204806
Bkq 2947 PqN 1751
Nicole M. Petrick, Liaison
CASE NUMBER: CE18040035
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
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TARAWA HOLDINGS LLC `CD
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PO BOX 1142
MIDDLEBURY, IN 46540co
Location of subject property:
426 AIRPORT DR
SUMMERLAND KEY, FL
Real Estate Number: 00190240-000000
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 /firs
class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as reference' E
Authorized Representative 7N day Cabove and/or
20 /�r
Nicole M. Petrick, Liaison
Page 2
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MONROE COUNTY CODE COMPLIANCE
SPECIAL. MAGISTRATE
DacN 2204806
Monroe County Code Compliance Bkp 2947 Pgp 1752
Petitioner
vs. Case Number: CE18040035
TARAWA HOLDINGS LLC
Respondent(s) co
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST
TIME OFFENSES
In the matter of: 426 Airport Drive— Summerland Key 0t
Re# 00190240-000000
Tarawa Holdings, LLC ("Respondent") and Monroe County Code Compliance
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("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to CD
the following: co
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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 October 25,2018 to
determine whether the charges alleged in the Notice of Violation and Notice of Hearing
are accurate and supported by substantial evidence ("Hearing"). I
2. Respondent(s) agrees that the violation(s) exist as alleged in the Ei
� j
Notice of Violation which was served in this matter. Respondent(s) understands that l
he/she could appear at the Hearing and contest any evidence to be submitted by Code
Compliance. However, by entering into this Stipulation, Respondent(s) understands
and agrees that:
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Packet Pg. 2705
gU 1753
(a) Respondent(s) need not appear at the Hearing, but instead, stipulates
to entry of the finding against Respondent(s); and
(b) Any evidence in the Code Compliance file will be deemed the record in
the case; and
(c) Respondent(s) waives the right to appeal any finding of violation or
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order that he or she would otherwise have under Section 162.11,
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Florida Statutes.
3. The Respondent(s) understand that the property will be checked
for compliance on January 24, 2019.
4. The parties understand that a fine of $500.00 per day that shall
accrue daily if the property is not brought into compliance within the time specified in
paragraph 3.
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5. The Respondent(s) understands that if the Respondent(s) fails to CD
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comply within the time given in paragraph 3, the fine(s) shall accrue each day the
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violation(s) remain as follows.
6-27.(b)(2)a. $250.00 per day
6-27.(b)(2)b $250.00 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 6-27.(b)(2)a, & 6-27.(b)(2)b, exists. This Stipulation Agreement i
Packet Pg. 2706
P.4.a
Docp 2204US
Bkq 2947 PSU 1754
shall be recorded as a lien against the property and upon any o:h,er rea' �~
property owned by the Respondent(s) if the property is not brought i^:o cc—C, a-_
the date specified in paragraph 3.
a. The Respondent(s) understand and acknowledge that :his
S-I?JLATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME
OFFENSES is non-transferable to any future property owners.
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9. The Respondent(s) understand and acknowledge that a sale of T_
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:�-.e subject property prior to compliance of the property and/or prior to the date specified
--aragraph 3 will negate the stay of fines and the full amount of accrued fines will be
re nstated.
10. Respondent(s) agrees and represents that Respondent(s)
entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further
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understands and agrees that he/she has the right to consult with counsel prior to signing
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this Stipulation, and has done so or has elected to waive this right. co
11. The parties understand and agree that the Respondent(s) may
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revoke this Stipulation and that such revocation must be done in writing or done in
0.
person with Sr. Inspector Diane Link by the end of business 10/19/18.
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Doca 2204806
i3kN 2947 Pgp 1755
By signing this Stipulation, both parties represent that they have READ,
UNDERSTOOD, AND CONSENT to its terms and conditions.
� / 15
Signat a of Respondents) / Gate Sign"
ign re of Respooden s) ! Date
Aa
Print Name Vatithoy,
e
STATE OP t�[c+i« STATE OFC (�
COUNTY OF `/K� COUNTY O '
PERSONALLY APPEARED BEFORE.ME,the PERSONALRED BEFORE ME, the
undersigned authority, undersigned
who.after 1 \ who,after
first being sworn by me,affixed his/her signature first being sworn by in affixed his/her signature
(name of individual signing) in the space provided (name ofindivi ua sig ng)in t s ace provide
above on this A day of c J��'�' 20 above on this y of 7 201
CaINOTAW PUP(91C(o NOTARY PUBLIC
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My ,` ,nip
p Ikhs � N My commission expires 20_
i\*SEAL
Commission Number 708851
AIANP MY Commission Expires February 20,2026 co
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gig of Petitioner Cifunty / Date
Li a
Print name
STATE. U1=
PERSONALLY APPEARED BEFORF, ME, the
undersigned authority,
who,after
trst bci sworn by me, affixed his/her signature
(name of individual ning) in t space provid
above of his d y of
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t
"ONROE COUNTY
NO'l' OFFICIAL RECORDS
;rMYCOWAnw000mm
EXPM&oaoeer18.2M
tlonaee 71 t
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Packet Pg. 2708
P.4.a
County of Monroe
The Florida Keys
Code Compliance Department _ Board of County Commissioners
Ma or Heather Carruthers,District 3
2798 Overseas Highway s Y
Marathon.Florida 33050 -�J Mayor Pro Tern Michelle Coldiron,District 2
Voice:(305)289-2810 4: Craig Cates,District 1
FAX: (305)289-2858 ? ° David Rice,District 4
Sylvia J.Murphy.District 5
TARAWA HOLDINGS LLC
PO BOX 1142 CD
"'
MIDDLEBURY,IN 46540
Feb 13,2020
Subject: Code Case: CE18040035
Location: 426 AIRPORT DR SUMMERLAND KEY,FL
Dear Property Owners.
The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property
as a result of the above referenced code compliance action. This lien is a lien on the property that was the subject
of the code compliance action and upon any and all other real and/or personal property,you own.
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Our records indicate that the violation(s) remains on your property. Because your property is not in compliance, CD
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the fines continue to accrue in the amount of$500.00 per day until the property comes into compliance. A daily
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fine of$500.00 per day has currently accrued for 384 days for a current total of$ 192,000.00 co
Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special
Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and o
those costs are included in the lien authorized under F.S. §162.09(3). To date, these costs are $493.15 and costs
will continue to accrue until the violations are corrected and the case is closed. o
Therefore, the current amount of the Monroe County lien is $192,493.15 and fines and costs will continue to
accrue until compliance is achieved and payment is received.
Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County
Attorney's Office for further action.
Respectfully yours, '1
DIANE LINK t
Sr. Code Compliance Inspector
Packet Pg. 2709
6/5/2020 gPublic.net-Monroe County,FL-Report:00190240-000000
n i imt- Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility
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 00190240-000000 "
Account# 1252174 ;
i 8 ,
PropertyID 1252174
MlllageGroup 120C
Location 426 Al RPORT Dr.SUMMERLAND KEY -
Address
Legal BK6LT15 AND WLY1/2LT16SUMMERLAND KEY COVE ADDITION#1PB4-475UMMERLAND KEY OR263-10/11OR447 --- - �..
Description 391OR831.1498ORS62-263OR991-1837/38OR1019-1056/57OR1047-1397OR1049.1150OR1343-269170QIC
OR2409-1394195Q/C OR2409-139611397 OR2409.1398}3407AFFD M
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(Note,Not to be used on Cox aI documents) V �i} \ {� I ,oCD
Nelghborhood 747 CDProperty SINGLE FAMILY RESID(0100) CD
Class
Subdivision SUMMERLAND KEY COVE ADD#1
Sec/Twp/Rng 35/66/28 + A} f£t"I�.;�J°�'�� Sjl�rl,�y� ' LI.I
Affordable Na
Housing
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Owner
TARAWA HOLDINGS LLC
PO Box 1142
Middlebury IN 46540
Valuation
2019 2018 2017 2016
+ Market Improvement Value $216.112 $219,337 $219.337 $210,081
+ MarketMiscValue $39,386 $34.364 $35,323 $28,903
+ Market Land Value $305.370 $287,820 $301,860 $281,988
Just Market Value $560,868 $541421 $556520 $520,972
Total Assessed Value $560,868 $541,521 $550,036 $500,033
School Exempt Value $0 $0 $0 $0 Ln
School Taxable Value $560,868 $541521 $556,520 $520,972
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Land
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Land Use Number of Units UnitType Frontage Depth 00
RESIDENTIAL CANALi010C1 9.000.00 Square Foot 9'0 100
Buildings
BulldinglD 12394 Exterior Walls C.BS.with137%WDFRSTUCCO
Style Year Built 1982
Bullding7ype S.FR.=RS}RS EffectiveYearBullt 1992 D
Gross SgFt 5991 Foundation CONCPILINGS 0.
Finished SgFt 1666 Roof Type FLAT OR SHED 0.
Stories 2Floor Roof Coverage TAR&GRAVEL
Condition AVERAGE Flooringlype CERM/CLAYTILE
Perimeter 278 Heating Type NONE with 0%NONE
Functional Obs 0 Bedrooms 2
Economic Obs 0 Full Bathrooms 2
Depreciation% 34 Half Bathrooms 0
Interior Walls PLASTER Grade 500 ¢'
C
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
ECF ELEVATED CON F 1196 0 0
OPX EXC OPEN PORCH 1,417 0 0
FLA FLOORLIVAREA IA66 1.666 0
GBF GAR FIN BLOCK 1.252 0 0
ODU OP PR UNFIN UL 460 0 0
TOTAL 5,991 1,666 0
Yard Items
Description Year Built Roll Year Quantity Units Grade
CONC DAVITS 1981 1982 1 1 UT 1
CONC PATIO 1981 1982 1 1054 SF 2
SEAWALL 1982 1983 1 360SF 3
CONCRETE DOCK 1982 1983 1 900SF 3
CH LINK FENCE 1988 1989 1 1280SF 1
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
10/20/2008 $100 Warranty Deed 2409 1396 O-Unqualified Improved
2/28/2007 $100 Quit Claim Deed 2409 1394 0-Unqualified Improved
5/1/1981 $40„000 Warranty Deed 831 1498 U-Unqualified Vacant
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Permits
Number 0 Date Issued C Date Completed 0 Amount 0 PermltType: Notes
A-9377 4/1/1962 5/1/1965 $101.210 Residential SFR
View Tax Info
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6/5/2020 gPublic.net-Monroe County,FL-Report:00190240-000000
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TRIM Notice
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No data available for the following modules:Commercial Buildings,Mobile Home Buildings,Exemptions,
User Privacy Policy
GDPR Privacy Notice
Last Data Uplolad:615!202Q,3:43.45 AM Version 2 3.62
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https://gpublic.schneidercorp.com/Application.aspx9AppID=6058LayerID=99468PageTypelD=4&PageID=76358Q=464845521&KeyVa
6/5/2020 Search-TaxSys-Monroe County Tax Collector
tIl
AT THIS TIME OUR TAX CERTIFICATE SALE IS IN PROGRESS.
PAYMENTS FOR DELINQUENT 2019 REAL ESTATE TAXES
CANNOT BE ACCEPTED
Search
1252174 Search
Adeancad search
Property tax Business Tax Property tax AND Business Tax
TARAWA HOLDINGS LC—Real Eatata a1428 AIRPORT Or.SUMMERLAND KEY
Owneraddnu
TARAWA HOLDINGS LLC Please call for due amount
PO Box 1142 Get Bills by Email 305-295-51x10.
MlddlebuM IN 4e540-1142
k CenlScate riWaed 2019
Per years it..
Amount number 12521741 Property ID 1252174 P'
Pucal detaib-VWWMd.t fall bill Watery.Properly Appralaar LU
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https://monroe.cou nty-taxes.com/public/sea rch?search query=1252174&category=al I
6/5/2020 INBIz:Your one-stop source for your business.
(https:/finbiz.i n.gov)
Business Details Print Entity Details
Business Name: TARAWA HOLDINGS L.L.C. Business ID: 200BOS1300360
Entity Type: Domestic Limited Liability Business Status: Admin Dissolved
Company
Creation Date: 05/13/2008 Inactive Date: 1/11/2 12
Principal Office P.O. Box 1142,205 W.Warren
Address: Street, Middlebury,IN,46540, Expiration Date: Perpetual
USA
r9
Jurisdiction of Indiana Business Entity 05/31/2010
Formation: Report Due Date:
Co
2010/2011,2012/2013,
Years Due: 2014/2015,2016/2017,
2018/2019,2020/2021
Registered Agent Information
Type: Individual
Name: Richard W.Rogers
Address: 20039 Gunder Road,, Bristol,IN,46507-,USA
Filing History Name History Assumed Name History Lo
Back Return to Search CD
Certified Copies Request
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https://bsd.sos.in.pov/PublicBusinessSearch/BusinessInformationFromIndex tit
P.4.c
BOARD OF COUNTY COMMISSIONERS
MeetingAGENDA ITEM SUMMARY
June 15,2011 iwth—MgMeMgg
Bulk ltem: Yes x No — Department:- Code COMDRance
ContactStaff Ronda Norman
289-2520
5
ApproveAGENDA Y17M WORDING-. of unsafe,unoccupied,
welfareof Monroe County residents.
ITEM BACKGROUND: e ovetwching goal of Code Compliance°is to protect the health safety
of propertyownem witbin Monroe County by obtaining compliance with building and other codes established
by tha Commission.At times,the normal hearing process for Code Compliance does not provide
results
ComplianceLU
Becwjsc the Coda °ve ti
° to its
limitations,inhicrent which docsn!t achieve ultimate removal of unsafe structures,staff is requesting this policy
be approved so the County can protecte s would allow U)
County attomays to seek Board approval to proceed to a court to obtain
unoccupied, - e Board budgeted $60,000 to accomplish
demolition of these types of structures when property owners will not demolish an their own. 11W cost o
demolition o ° e
ProcedureAttached is the final recommended Process and of unsafe,
non-
homestead .
PREVIOUS RELEVANT BOCC ACMON:
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April
1, 2010 — BOCC authorized staff to formulate a process and procedure for the removalf
unoccupied and non-homesteaded structures.
CONTRACT
/ ' + /
STAFF RECOMMENDATIONS:Approval
TOTAL COST:Approx.Sfig,Q v : Yes X No
DMMMMAL OF LOCAL PREXERENCE:
( — r
to aroWn o
REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year
APPROVED BY: County Attomay COST TO COUNTY: SOURCE OF FUNDS:
_ OMBftrchasing__ Risk Management
DOCUNMWATION:Included Not Rmp&W
DISPOSITION: AGENDAITEM#_
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UNOCCUPIED,MONROE COUNTY CODE COMPLIANCE
AND NON-HOMESTEAD UNWHABITABLE
STRUCTURE REMOVAL PROCEDURE
DRAFT AS OF 4130/11
Administrative Assistant
1. Monroe County Code Compliance receives 1 " of an unsafe structure
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2. Code Compliance Administrative "
Complaintcheck list
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3. i
s muted to the Code Compliance Director for review
Code Compliance Director U)
4. Director reviews complaint r Code Compliance E5
Inspector 0
Code Compliance Inspector
5. Code Compliance Inspector'inspects property and documents conditions.Reports back to Code Compliance Dkector with Uninhabitable Structure Inspection Request/Referral
UninhabitableLO
Code Compliance Director
6. i
Building Official CL
1. Building Official makes an initial determination whether demolition will be required or-
rehabilitation and/or repair of the structure would be a more reasonable approach to remedying
the violation.If determinationis made that the property may need to he demolished,the
uninhabitable.Building Official will make a site inspection with the Inspector
2. Building Official inspects property and completes Unsafe Structure Report for demolition if
determined to be
Code,3. Building Official will make reference to the specific violations of the Florida Building
relevantMonroe County Code,and/or any other
STRUCTURE4. Building Official Posts NOTICE OF UNIRABITABLE
AT PROPERTY
(includes
Uninhabitable5. Building Official provides copy c
County Attorney
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Code Compffinice and County Attorney
1. If violation t ,or welfire of the community,
Assistant County AttorneyCode Compliance Director will confer with Chief Assistant
County Attorney on whether to seek an injunction from the Circu°t Court.
a+ safety,or welfue is so severe that time will not permit the
County Atborneys Of fice to seek authority from the BOCC before seeking
'miunction,County Attorney will file petition for temporary injunction°
inform the Commission .
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a property posessafety,or welfire of the community but
is not of suchsevere nature that immediate actionis required,the County
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Attorney will seek permission
the °t for injunctive relief
c. The suit will seek an order requiring li offending
days after the order granting the injunction becomes final.The County
authorityrequest if the
deadlineimposed is not met. The County will also seek to 0
recover oli °on costs as wellt from the property owner.
2. If the structure does not pose an imminent threat to the safety, of the
commumity,the Code Compliance Department am issue a notice violation
proceed through the established process before the Code Compliance Special
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a. If the property is found in violation ° r,afta
enterconsulting with the Assistant County Attorney,will request that the Special Magistrate 2
order auftwizing the demolitionof the o )by the County at CL
the expense of the property owner and set a compliance
b. The Code Compliance Liaison shall file the demolitionthe Clerk
and send it to the s).
c. All requests for extensions of time to complyone tbrough the Special
Magistrate at the hearing
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CORRECTED
ITEM 1-10
Demolition
1. Once an order of demolitionor the Special Magistrate and that
order has become final,the Code Compliance o l item on the agenda for the
next BOCC meeting requesting the authorizationof funds to demolish
offending structure.
2. Once the BOCC approves the expenditure for the demolitionof a the Code
compliance ll issue a RFP RfQ or RFP fordemolition .
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. The MWinclude demolition of the offending structure
and the hauling away f all associated debris. The Board may, at its solediscretion, y waive
any dumping fees t s transfer station. 0
4. The bid process shall be conducted pursuant to the County policy.
5. The successful bidderobtain all necessary permits and completesdemolition
. The Buildinginspection li ' .
contractor7. The 1 be paid after passinginspection.
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Liaison
1. The Liaisonnotify the property owner in writing of costs due for
prosecution
2. The Liaison (if not paid in 3 in 1 ' office. The liaison shall
notify a for if thefines and costs have not been paid within 90 days o
the lien recorded.
3. The Code Compliance Director `a e process forforeclosing on a property
notifiedv of been paid.
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