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Home My WebLink AboutItem N4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 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 to initiate litigation against Wendy Tribble (aka Wendy Campbell) and her property located at 322 3'd Road, Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13070018. ITEM BACKGROUND: This property has been the subject of a code compliance case for failure to hook up to central sewer. The fines total $19,700.00 as of November 15, 2014 and will continue to accrue at $100 per day until compliance is achieved. CE13070018: The Special Magistrate found the property in violation and ordered a compliance date of May 1, 2014. The property owner did not gain compliance by the deadline ordered by the Special Magistrate and the fine began to accrue on May 2, 2014. The County's lien was recorded on June 4, 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 there is a pending foreclosure action 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, 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 initiating litigation(option 1)against the property owner for injunction and money judgment. PREVIOUS RELEVANT BOCC ACTION:N/A CONTRACT/AGREEMENT CHANGES:N/A STAFF RECOMMENDATIONS: Authorization to initiate litigation against the property owner for injunction and money judgment. 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.: CE13070018 ) WENDY J TRIBBLE, ) Respondent(s). } 1 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 � �'c�� 20.,�,mm.,....,.., ...,a.w..._..,,_.._,,..o....m.� at the Marathon G? 0 1 _,. Government Center, Marathon,Florida. John G. an L agistrate CERTIFICATE OF ORDER rtifythat is a true and correct copy of the above Order. I?,"e, ",'f i4nm Nicole..M. Petrick,.Liaison.... ........................_.... .......... CERTIFICATE OF SERVICE 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 Appraiser's O ice as referenced alcove and/or Authorized Representative gym. on this..JD''� day of 20 ....® 00 �� . .�....... .. .......... ....._�. _....� .�.. __own.. Nicole M. Petric Li s k, on MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE13070018 Property Location: 322 3RD RD , KEY LARGO, FL 33037 Parcel ID: 00476000000000 E DY J TRIBBLE 322 THIRD RD KEY LARGO, Fl. 33037 BEFORE. HE COUNTY CODE COMPLIANCE SPECIAL MAi r RATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA. I Petitioner, I Case No.CE �7UU� vs. i 1 Subject Property Real Estate Number. I DocO 1983006 05/29/2024 9:20AN Recorded t I rds ofMONROEY in NEAVILN 1 Respondei I FINAL ORDER Having fully considered the evidence presented at hearing.Including testimony of the.Cade Compliance Inspectings)and/or witnesses under oath,the following Findings of Fact and Corduskxhs of Law are ORDERED: The Respon isms)and/or Authorized Representative via no present and d a contest the viclafiori set forth in the Noth,e of Vlolatl fttloe of'Hearing which is Incorporated herein as 0 fully set forth. (vfThe Respondent(S)Ware the owner(s)of property located within Monroe County and washvere duty noticed of the hearing. (..Me Respondents)Ware in violation of the Monroe County Codes)as fully set forth In the Notice of ViolatiordNotice of Hearing served upon the Respondengs). ( I The violation(s)is found to be imaperable or irreversible and a one#=fine of 3 is ORDERED,payable within days of this Order. (✓f Pursuant to Section 161 of Florida Statutes all costs Incurred by the County In prosecuting the case Is ordered to be paid within thirty(30)days of compliance. Casts will continue to accrue until compliance Is achieved and the case Is closed. �� 41 ( The Respondents)shall comply with the Code(s)referred'to in the Notice of Molation/N oboa of Hearing on or before ("THE COMPLIANCE DATE"). (r In the event the vlolaton(s)were or are niot corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or an THE COMPLIANCE DATE SET FORTH HEREIN,fine(s)in'the dollaranhountof $ ,iy /,a/1 vI /f/f/ Doi 1983006 Bk# 2686 Pgn 1263 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondents)Ware in violation is/are hereby ORDERED. (�It is further ordered,that the County is hereby authorved 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 Respondents)were in violation of the MONROE COUNTY Code(s)as fully set forth In the Notice of Violation/Notice of Hearing filed in this can and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondenis)shall pay the total amount of cost and/or fines($ —i to Monroe County Code Compliance within thirty(30)days of this Order. ( l In the event of nonpayment of fines anther costs imposed an 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 vlolatkm or violations exist and upon any other real or personal property awned by the violator.The County may Institute foreclosure proceedings If the flan'remains unpaid far three months and/or may sue to recover money judgment for the amount of the lion plus accrued Interest.Plan make checks payable to Monroe County Code Compliance and mail to:Monroe County Code Compliance,Attn:Office of the Llalson,2798 Overseas Hwy„Suite 330,Marathon,FL 33050. rr 15 THE P D DETERMINE NETHER THE PRO Is G CODE CoMPLIM THE UPPER KEYS gQM 3W2810 FOR THE MIDDLE KEY;;IN112524495 FOR THE LOWER KEYS. r� � zv�. *Johna 1;�l DATED this day of /� am,S Magis'trata Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE13070018 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: TRIBBLE WENDY J 322 THIRD RD Doca 1983006 KEY LARGO,FL 33037 Bka 2686 P9a 1264 Location of Subject Property: 322 3RD RD KEY LARGO, FL 33037 RE NUMBER: 00476000000000 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. CZet,/e /406/� 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 s U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representa ive If G on this day of ,b 120 . Nicole M.Petrick, Liaison PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS