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Item N5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 10 2014 Division: County Attorney Bulk Item: Yes X No Staff Contact Phone#: Lisa Granger 305-292-3470 AGENDA ITEM WORDING:Authorization to initiate litigation against Travis J. Nilson and his property located at 1 Oakwood Avenue, Key Largo Florida, to seek compliance with the County Code and enforce a lien arising from code compliance case number CE13050055. ITEM BACKGROUND: This property has been the subject of a code compliance case for failure to hook up to central sewer. The fines total $31,700.00 as of November 15, 2014 and will continue to accrue at $100 per day until compliance is achieved. CE13050055: The Special Magistrate found the property in violation and ordered a compliance date of January 1, 2014. The property owner did not gain compliance by the deadline ordered by the Special Magistrate and the fine began to accrue on January 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 not homesteaded. There are no pending foreclosure 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 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. County staff recommends initiating litigation (option 1) against the property owner for injunction, foreclosure, money judgment and writ of execution. PREVIOUS RELEVANT BOCC ACTION:N/A CONTRACT/AGREEMENT CHANGES:N/A STAFF RECOMMENDATIONS: Authorization to initiate litigation. TOTAL COST:Appx.$2500.00 INDIRECT COST: BUDGETED: Yes X No_ DIFFERENTIAL OF LOCAL REFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148-50001-5303 l8 REVENUE PRODUCING: Yes— N _ AMOUNT PER MONTH Year APPROVED BY: County Atty X KB/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.: CE13050055 ) TRAVIS JAY WILSON, ) ) Respondent(s). ) ORDE A THORIZING 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. Tw DONE AND ORDERED this 3 a day o �G4' 20M I` , at the Marathon Z. Government Center, Marathon,Florida. 4Magistrate Lan fn CERTIFICATE OF O ER h :by ertify that':I is a true and correct copy of the above Order. ^' M Nicole M.wPetrick,Liaison IER,TIFICATE_QE_qERVICE hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via deliveryhand s U.S. mail to Respondent(s)address of record w/the Monroe County Property Appraisr's Ay,/first, .......as referenced above and/or Authorized Representative on this day of "4- 20 Nicole M. Petri ck, Liaison ONROE COUNTY CODE COMPLIANCE 'ONROE COUNTY, FLORIDA Subject: Code Compliance Case CE13050055 Property Location: 1 OAKWOOD AVE , KEY LARGO, FL 33037 Parcel ID: 00533030000000 WILSON TRAVIS JAY 1 OAKWOOD AVE KEY LARGO, FL 33037 BEFOR.- .HE COUNTY CODE COMPLIANCE SPECIAL MA....,TRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, 1 Petitioner, 1 Case No.CE /TD __ 1 VS. 1 I Subject Property Real Estate Number. Doeq 1982999 05/29/2014 9:170 _. ._.... . Filed Recorded in Iords of MONROEY AMY 14EAVILN --Respondent(s). t 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 Trs�y/� i'//�fD�7 r kere not present and dtd 1d not contest the violation(s)set forth in the Notice of Violation/Nollce of Hearing which is 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. (✓fThe Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth In the Notice of ViofationlNotice of Hearing served upon the Respondent(s). ( )The violabon(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED,payable within days of this Order. (✓f Pursuant to Section 162.07(2)of Florida Statutes all costs Incurred by the County in prosecuting the case is ordered to be paid within thirty(30)days of compliance. Costs will continue to accrue unfit compliance Is achieved and the case is closed. (✓ The Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before f �� ("THE COMPLIANCE DATE"). (;In the event the violations)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN,fine(s)in the dollar amount of: Docq 1982999 Bkn 2686 P9N 1245 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)islare in violation islare hereby ORDERED. (,I"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 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 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 thus 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 consfitute 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 RESPONDE, i RESP NSIBILI TO RE UEST A REIN$PECTI N TO DETERMINE WHETHER THE PROP RTY OMEI W CAL G CO AMP IANC T Qk1 453- 06 FOR THE UPPER KEYS:(3051289.2810 FOR THE MIDDLE KEYS:(305)292.4495 FOR THE LOWER KEYS. DATED this L2� 7 ay of 20_!�►. —� f � 1 John Van Laningham,Special Magistrate Page 1 of 2 FINAL ORDER PAGE 2 CASE NUMBER: CE13050055 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: WILSON TRAVIS JAY DoaN 1962999 1 OAKWOOD AVE BkN 2686 P9N 1246 KEY LARGO,FL 33037 Location of Subject Property: I OAKWOOD AVE KEY LARGO, FL 33037 RE NUMBER: 00533030000000 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. 6 Ze 6,/e /4 0 1 PZ� 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 / f sst sl= U.S. mail to Respondent(s) address of record with the Monroe County Property ppraiser's Office as referenced above and/or Authorized Representative "a A on this a,5 day of ay -e ,20 1,3 . Nicole M. Petrick,Liaison PAGE 2 of 2 MONROE COUNTY OFFICIAL RECORDS Doep 1902321 16/0/2012 11:260 Filed Recur TY 1D Dp W LRWOE t KOLHflGB Records °f 11.26AMRE j0.70 DEED DOCISTAMP CL g�2392 p90 1826 Recording requested by: f t(yCI() Space above reserved for use by Recorder's Office When recorded,mail t W,51] Document prepared by Name: o �.y- ,►��1�� Name eJ�'-�_ J l�r—r� Address: �� "[ CAWJ'taC.LS Ttu,N { AddressLYd ,L� "GeS �I City/State/Zip 1 J2Cnr o r �Ci city/state/zip_Fag �'L'l tlt.�c' V `� o Property Tax Parcel/Account Number. oo 5-33 o3o6ao o non I in 13�I(a S11 SS A Quitclaim Deed This Quitclaim eed is made on / r /2 ,between Grantor,of 2, —1 C ov er��! � ( City of CAy e{^is l c ,State of F,LLG r i �a.— and 'T_ V l S Tel .\Sn ,Grantee,of 1 f'�xx�l J.��O g� — City of Q J State of C)( For valuable consideration,the Grantor hereby quitclaims and transfers all right,title,and interest held by the Grantor in the following described real estate and improvements�tolthe Grantee,and his or her heirs � and assigns,to have and hold forever,located at (Dl,)=8 A V e, ,City of , State of !Q t^L ACk bC 33g•-S�(�, ac 9g�- �.�3y b� 111q -�,v$S oc' tt��,-�•{1$ mc' 1t001 - OZ3/31 r-l:r or 1633- lo3/0y of i9g -lO4/ or 1953 -&q2. oc-as)q _1(04y124 y F/3 Subject to all easements,rights of way,protective covenants,and mineral reservations of record,if any. Taxes for the talc year of � hall be prorated between the Grantor and Grantee as of the date of recording of this deed. *N0VA9ultcIdm Deed Pg.I(07-M peep 1902321 9kN 2592 Pelt 1827 Dated: /a' Sign for �e rat C- w 1 Name of Grantor h Signs f Witness#1 Printed Name of Witness#1 i of Witness Printed Name of Witness 42 VState of County of YNOV R-04 On the Grantor, personally came before me and,being duly sworn,did state and prove that he/she is the person described in the ocument and that he/she signed the above document in my presence. r 4 MONROE COUNTY Notary Signature OFFICIAL RECORDS Notary Public, .--- In and for the County of DN State of My commission expires: Seal ' � PATRICUTA aBWEV Send all tax statements to Grantee. ,- CanunkWai#EE 155264 E#w January 31,2016 4.F;,. 9zMWaTmyF* eca&M§ *NOVA Quitciaim Deed Pg.2(07-M