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Item N3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SLafvLkRY Meeting Date: December 10, 2014Mar Division: County Attorney Bulk Item: Yes XX No Staff Contact Phone#: Lisa Granger 305-292-3470 AGENDA ITEM WORDING: Authorization permitting the lien which arose from code case CE 13 070025 to remain against John and Tracie Ricketts and their property located at 241 '2nd Road, Key Largo Florida. ITEM BACKGROUND: This property has been the subject of a code compliance case for failure to hook up to central sewer. The fines total $28,600.00 as of November 15, 2014 and will continue to accrue at $100 per day until compliance is achieved. CE13070025: The Special Magistrate found the property in violation and ordered a compliance date of February 1, 2014., The property owner did not gain compliance by the deadline ordered by the Special Magistrate and the fine began to accrue on February 2, 2014. The County's lien was recorded on May 29, 2014. The Special Magistrate authorized further collection actions on October 30, 2014. The code case remains open for non-compliance and failure to pay outstanding fines and costs. The property is homesteaded and is the subject of a pending foreclosure action with a trial scheduled to begin on November 18, 2014. The county's lien is inferior to the lien pending foreclosure. Pursuant to 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, and money judgment; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and/or 3. Reduce the amount of the fines. County staff recommends allowing the lien to remain (option 2) against the property owner and any real property owned by the property owners. PREVIOUS RELEVANT BOCC ACTION:N/A CONTRACT/AGREEMENT CHANGES:N/A STAFF RECOMMENDATIONS: Authorization allowing the lien to remain against the property owner and any real property owned by the property owners. TOTAL COST: Appx.$2500.00 INDIRECT COST: BUDGETED: Yes X No�__ DIFFERENTIAL OF LOCAL REFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148-50001-530318 REVENUE PRODUCING: Yes AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management— DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G.VAN LANINGHAM MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE13070025 } RICKETTS JOHN THOMAS 11 and } TRACIE RENEE RICKETTS, ) Respondent(s). ) ORDER AUTHORIZING FORECLOSURE A Order Imposing Penalty was entered in this matter and was thereafter recorded as a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this day of 20 at the Marathon Government Center,Marathon, Florida. John Van Laningham Magistrate CERTIFICATE OF ORDER I certi that s is a true and correct copy of the above Order. Nicole M. Pe trick,-Liaison.-. CERTIFICATE OF SERVICE 1 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 w Office on this „,,,,',� „�day of r Authorized Representative Appraiser'sice as referenced above and/or O m .. .. .. ,201 Nicole M. Petrick, Liaison ONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE13070025 Property Location: 241 2ND RD , KEY LARGO, FL 33037 Parcel ID: 00475620000000 JOHN THOMAS 11 &TRACIE REN'EE RICKETTS 241 2ND ROAD KEY LARGO, FL 33037 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, 1 Petitioner, 1 Case No.CE AJe Zaaas vs. 1 Subject Property �Real 'Estate ,Number 1!�iri7--��i�s '�.�.S�r�-t{-4"�..��r 1 �liG-.7•-i��(s7G7f�i�=L„�'G.d.GLrG.1� DocN 1982997 05/29/2014 9:17Rf1 `L 1 Filed & Recorded in Official Records of �jCJ�eTl3 MONROE COUNTY AMY HEAVILIN Respondent(s). 1 I FINAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or Authorized Representative M AE08sent and df contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth. (,Of)The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. ('I The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( )The violation(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED,payable within days of this Order. (to')Pursuant to Section 162.07(2)of Florida Statutes all costs Incurred by the County In prosecuting the case Is ordered to be paid within thirty(30)days of compllartce. Costs will continue to accrue until compliance Is achieved and the case is closed. (r/)The Respondent(s)shall comply with the Code(s)referred to In the Notice of Violation/Notice of Hearing on or before /�/`� ('THE COMPLIANCE DATE-). (,.4 In the event the violation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN,fine(s)in the dollar amount of: $ D' ZR d IM e-) DocN 1982997 BkN 2686 PgN 1241 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)istare in violation Ware hereby ORDERED. (writ 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 Respondents)with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondent(s)shall pay the total amount of cost and/or fines($ )to Monroe County Code Compliance within thirty(30)days of this Order. In the event of nonpayment of fines and/or costs Imposed on Respondent(s),a certified copy of this Order may be recorded In the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator.The County may Institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lion 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 N RESPONSIBILITY TO REQUEST A REINSPECTIONI R THE PROPERTY IS COMPLUW BY CALLING COOE COMPLIANCE05 FOR THE UPPER KEYS:(3051202810 FOR THE MIDDLE KEYS 1305)292-4495 FOR THE LOWER KEYS. DATED this day of !l/(,G,��~ 20_ . John G. an LaningQ Magistrate Pagel of 2 \___� FINAL ORDER PAGE 2 CASE NUMBER: CE13070025 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: RICKETTS JOHN THOMAS II & TRACIE RENEE RICKETTS DocN 1982997 2412ND ROAD BkN 2686 PgN 1242 KEY LARGO,FL 33037 Location of Subject Property: 241 2ND RD KEY LARGO, FL 33037 RE NUMBER: 00475620000000 APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. Nicole M. Petrick, Liaison CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first U.S. mail to Respondent(s) address of record with the Monroe County Property Ap raiser's Office as referenced above and/or Authorized Representative 410 on this day of ,41dil. ,20 /3 A/.O�j Nicole M. Petrick, Liaison PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS