Item N7 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10,2014 MAR Division: County Attorney---y
Bulk It Yes—No XX Staff Contact Phone #: Lisa Gran aer 305-292-3470
AGENDA ITEM WORDING Presentation of an offer by Edward Wedge the owner of'property located at 63 Ed
Swift Road,Big Coppitt Key Florida, for a release of code compliance lien irriposed in code case CE06010032
in exchan, e for parrient of a reduced amount of fines.
ITEM BACKGROUND:
This property was the subject of a code compliance case for an excessively damaged and unit habitable mobile
home as a result of damages sustained in Hurricane Wilma.The fines total$200,702,86.
C'E06010032: On December 15,2006 the Code Compliance Special Magistrate issued a Final Order finding the
property in violation of the County's unsafe code and imposing a daily fine of$250 per day if compliance was not
achieved by the ordered compliance date of December 15,2006.The property owner did not gain compliance by
the compliance to ordered,by the Special Magistrate.The Cminty's lien was recorded on May 8, 2007.
On,Noveiriber 29, 2007 the Special Magistrate gi'anted,authorization to the County to institute collection actions.
At the January 16,2008 meeting the Board of County Commissioners authorised litigation. The County Attorney's
Office initiated litigartiofl in the Circuil Court,On September 27,2010 the Circuit Court ordered afinaliudgrient in
favor of the County for foreclosure,writ of execution,injunctive relief and a money j udgment in the amount of
$167,408.50 with an interest in the amount of$22,.9,3 per day. At the time of the litigation the property was
homesteaded. On September 5, 2014 the property became compliant. As of September 19,2014 the interest had
accrued for 1452 days for a total of$33,294.36, Therefore the total amount of the money judgment as of
September 19,2014 is$200,702.86,
The property is currently not homesteaded and there are no pending foreclosure actions at this time.
Based upon the circumstances of the case, more fully explained in the attached rnernorandurn, and the fact that the
unsafe condition was cured in 2008,but the process for full cornpliance was riot completed until September 5,2014,,
the Code Compliance Department is recommending, that the County accept a reduced fine in the amount of
$9,,737.60 (interest reduced to 25% ,,323591 and full paynient of costs and attonicy"s fees in the amourit of
$1,414.10),provided the County receives., payn-tent of$9,737.60 to be paid out of the proceeds of the sale of Lot 59
within 120 days, of December 10, 2014; notification of a firrn closing date; a written agreement by the new buyers
of Lot 59, that is currently owned by Mr. Wedge, that the new buyers will gain compliance on that lot within an
agreed upon time, or fines will accruey or confirmation, that both lots currently owned by Mr. Wedge are in
compliance prior to the issuance of a ttill release of the County's,lien.
PREVIOU'S RELEVANT BOCC ACTION: On Jaguar,v 16, 2008 the BBC C authorized litiLgation.
CONTRACT/AGREEM ENT"CHANGES: N/A
STAFF RECOMMENDATIONS: Accept a reduced fine amount of S9,737.60 (interest reduced to 25%
$8,323,59 and full payment of costs and attorneys fees in.the amount of$1,414.10), provided the County receives:
payment of$9,737.60 to be paid out of the proceeds of the sale of Lot 59 within 120 days; notificatiorl of a firm
closing date; a written agreement by the new buyers of Lot 59 that is currently owned by Mr. Wedge that the new
buyers will gain compliance on that lot within an agreed upon time or fines will accrue; or confirmation that both
lots currently owned by Mr. Wedge are in compliance prior to the issuance of a fall release of the County's lien.
'T-VF UDGETED: Yes X No 0 AL COST: INDIRECTcos"r.- B
DIFFERENTIAL OF LOCAL PREFERENCE:
COST'rO,C'OCIIN'rY ..-----SOLJRCE OF FUNDS: 148-50N-151-0-118
REVENUE PRODUCING:Yes AMOUN
T PER MONTH Year
APPROVED BY: County AttariB/Purchasing ask Managenmit
DOCUMENTATION: Included .1( Not Requimd
AGENDA ITEM#
County of Monroe
Growth Management Division
Code Cam®lianee D#gartment Board 2f County Com mksloners
2798 Overseas Highway Mayor Sylvia Murphy.,Dist.5
Marathon,Florida 33050 ° °, Mayor Pro'Tem Danny L.Kolhage,Dist, t
Voice:(305)289-2810 ap Hcathcr Carruthers,Dis.3
FAX: (305)289-2858 David Rice,Dist.4
George Neugent,Dist.2
We strive to be cating,professional,and fair.
MEMORANDUM
TO: Lisa Granger,Assistant County Attorney
FROM: Kathleen Windsor,Sr.Code Compliance Research Analyst
DATE: September 19,2014
SUBJECT: Request for reduction in fines CE06010032,(Lot 63)63 Ed Swift.Road,Big Coppitt Key
SUM`14A.RY:
The County has received a request from the property owner, Edward Wedge,to accept a reduced amount of fines
and costs and to provide the property owner with a Satisfaction of Lien releasing the Monroe County Lien from
the subject property and allproperty(s)he owns so the property(s)may be sold.
Mr. Wedge intends to sell Lot 59"as is" disclosing to the buyer that the mobile home is uninhabitable and has to
be demolished. Mr. Wedge has agreed that with the proceeds of the sale of Lot 59, he will expeditiously remove
the uninhabitable mobile home on Lot 65 thereby achieving compliance on all properties owned by him.
CASE CE03120083 BACKGROUND:
On November 2, 2005 a Damage Assessment Inspection was conducted following Hurricane Wilma and the
mobile home on this property was flagged as excessively damaged and uninhabitable. On November 17,2005 the
.Building Official deemed the property Unsafe and on April 16, 2006 a Notice of Violation and a Notice of
Hearing was served for Mr. Wedge to appear at the April 27, 2006 Code Enforcement Hearing. Subsequently on
December 15, 2006 a hearing was held and the Special Magistrate found the property owner in violation of
Monroe County Unsafe Code and imposed a compliance date of January 18,2007 with a daily fine in the amount
of$250.00 per day to begin accruing on January 19, 2007 if compliance was not achieved. On January 5, 2007
Mr. Wedge was issued a permit for demolition of the mobile home. However a inspection of the property on
March 22, 2007 revealed that the unsafe mobile home remained, therefore compliance was not achieved. As a
result, another hearing was held on March 29, 2007 whereby the Special Magistrate backdated the daily fine to
begin on December 16, 2006 and imposed the lien. The Order Imposing Penalty/Lien was recorded as a lien on
May 8,2007. This lien is a lien on the subject property and any real and personal property owned by the property
owner.
On November 29,2007 the Special Magistrate granted authorization to the County to institute:collection actions.
At the January 16, 2008 BOCC meeting the BOCC granted the same authorization. On September 27, 2010 the
circuit court judge issued an order granting a final judgment in favor of the County for foreclosure, writ of
execution,injunctive relief and a money judgment in the amount of$167,408.50 with an interest per diem in the
amount of$22.93 per days. At the time the property was homesteaded. As of September 19,2014 the interest has
accrued for 1452 days for a total of $33,294.36. Therefore the total amount of the money judgment as of
September 19,2014 is$200,702.86,
On June 26, 2012 the County received complaints that this property was overgrown and an inspection revealed
that the property was vacant. Inspector Kerr met with the property owner and explained to Mr. Wedge that the
County could not consider mitigation of the fines until the property was compliant, and although Mr. Wedge had
removed the mobile home, the permit (081-0580) remained expired without required inspections, Mr. Wedge
renewed the permit soon thereafter,but still did not complete the inspection process,
Following an inquiry from Mr. Wedge regarding the lien, on May 8, 2014 Inspector Windsor, Inspector Dowling
and Inspector Grant met with Mr. Wedge and explained the significance of the lien and fact that it was cross-
attached to all his properties. We also explained the: corrective actions that needed to be completed before any
discussions of mitigation could commence.
On May 16, 2014 the permit was renewed for final inspections, and on September 5, 2014 all inspections were
performed and the permit was closed, thereby achieving compliance.
On May 21, 20�08 the BOCC passed and adopted resolution 148-2008 adopting a maximum amount for the
reduction of fines after the property has been made compliant. In this case, the maximum reduction allowed
would result in a fine amount of$50,175.72 which exceeds the value of the property and is impeding the sale of
same and cross attached properties.
Based on the circumstances of the case, and the fact that the Unsafe condition was cured in 2008, but the process,
was not completed, the Code Compliance Department is recommending a fine amount of $9,737.60 (interest
reduced to 25%$8,323.5 9 and full payment of costs and attorney's fees in the amount of$1,414.10).
STAFF RECOMMENDATIONS:
Accept a reduced amount of$9,737.60(interest reduced to 25%$8,323.59 and full payment of costs and
attorney's fees in the amount of$1,414.10)to be paid out of the proceeds of the sale of Lot 59 within 120 days or
the amount should revert back to the total amount of the money judgment in the amount of$167,408.50 with an
interest per diem in the amount of$22.93 per day. Additionally prior to the issuance of a signed Satisfaction
Release of Lien,the County has received a closing date:and a New Buyer Affidavit from the purchase or both Lots
59 and 65 have been brought into compliance.
'Fhe New Buyer Affidavit is an affidavit from a new owner acknowledging the violations,acknowledging that they
will be cited for the violations and acknowledging that they will be given a reasonable period of time to achieve
compliance before the fines resume running. In return,the new owner agrees,to an amount of daily fines which
will accrue if compliance is not achieved by the agreed upon compliance date,and agrees to pay all costs of
prosecution. By using this form the new buyers will not have to attend a hearing.
Attachments:
Reduction Letter from Property Owner
Current Property Record Card
Damage Assessment Inspection
Photo November 2,2005
Unsafe Declaration November 17,2005
Reinspection Photo for Compliance
Order/Lien
Final Judgment Circuit Court Case CA K 09 208
Inspection photos June 27,2012
Interest screen
Photos of Lot 59
Photos of Lot 65
Resolution 148-2008
Dear Commissioners,
My name is Edward J. Wedge and I have lived and worked in the keys for over 40
years. I've lived on ',Ed Swift Rd. for 35 years of my life,
Originally I worked as a garbage man for Bland Disposal of the Florida Keys until it
sold to Waste Management for 210 years. I worked for'Waste management 8 years
until a pickup truck accident.
In 20061 was cited after Hurricane Wilma for damage to my mobile home at 'Lt#63
Ed Swift Road in Big Coppitt Key. On 01/015/2007 1 applied for a permit to
demolish the mobile home. I could not get the work completed and before I
knew it the permit had expired. I re-applied for a new permit in 2008.,
Soon after I received the permit I demolished the mobile home. But I didn't
receive any inspections. Believing that I now had completed what the county
wanted me to do I thought I was done.
Suffering with the devastation of the loss of my father in ,2003 and was left to take
care of my elderly mother and sister suffering from'Cerebral Palsy.
My mother passed away in 2009 and shortly thereafter my sister passed away.
In 20081 was in a serious accident on my motorcycle. I was hit by a pickup truck
causing me to be unable to work and eventually lost my job in 2009. By this time
it left me with limited use of my right arm and (back pain and suffering with
depression only and collecting social security.
Not having any communication with anyone at the county, I believed I had done
what I was: supposed to, until Inspector Victor Kerr knocked on my front door and
we discussed that my permit needed inspections and I still had a case still open.
Since then I have had communication with Inspector Chris Grant and Inspector
Nancy Dowling. Arrangements were made for me to,sit with Ms. Kathleen
Windsor and she helped me to understand what I needed to do.
I managed to obtain the money I needed by borrowing it from a friend to pay for
the permits and including the Department of Health permit. It cost 1,200.00
dollars,to pump the septic and have it filled in. I have received all my inspections
and my permits are closed.
I am writing to you today to ask you to please consider and understand the
hardships I have suffered that left me unable to complete what I needed to do.
I am asking you all too please consider reducing my fines or eliminating them all
together. I have limited resources to pay them I am on a Social Security.
Thank you for your time and understanding of my situation.
Sincerely,
Edward J. Wedge 09/110/14
Property Search—Monroe County Property Appraiser Page I of 3
Scott P. Russell., CFA
Property Appraiser Key West(305)292-3420
Marathon (305)289-2550
Monroe County, Florida Plantation Key (305) 852-7130
Webalte tested on IE8, lE9, & Firefox.
Property Record Card - Requires Adobe Flash 101.3 or higher
Maps are now launching the new map application version.,
Alternate Key: 1155217 Parcel 110: 0021420-000000
Ownership Details
1111alling Address:
WEDGE EDWARD J
60 ED SWIFT RD
KEY'WEST,FL 33040
Property Details
PC Code: 02-MOBILE HOMES
Millage Group: 100E
Affordable Housing. No
Section-Township-Range: 22-67-26
Property Location: 613 ED SWIFT RD BIG COPPITT KEY
Legal Description:22 67 26 BIG,COPPITT KEY PT LOT 2(LOT 63)OR373-239VI OR961-1987
Click Map Image to open interactive viewer
UY 55 1 t
65
60 60 Go
1 1541 121490,,
58 67 0
41490
6 '010011
65
:122.7673 R 'em
0
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3 6
2'5
11240
W 121240
1121160
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�560 61
1'211460
12113101 460
24
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Exemptions
'64+-.It......--n-/0"--Q-1k 1;iRnnIA
...........
Property Search-Monroe County Property Appraiser' Page 2 of 3
Exemp°on Amount
39-25000 HOMESTEAD 17.U4.00
ADDL IHOMAESTEAID 0.00
Land Details
Land Use Code Fro tfe h Land Area
020D-MOB HOME DRY 35, 60 2,100.00 SF
Misc improvement Details
Nbr Tj Pe #Units Lenin Width Year Built Roll Year Grade US
I PT3:PATl0 45 SF 15 3 1963 119" 1 so
3 CL2:CH LINK FENCE 620 SF 155 4 1957 1968 1 30
Appraiser Notes
14-3 COUNTY RED-TAG,MH IN TERRIBLE CONDITION.
200145-15 COMBINED THE CABANA WITH FLA FOR THE 2001 TAX ROLL.SKI
Building Permits
Bldg Number Date Issued Date Completed Amount Description Notes
081,00580 02JI4/2008 300 Residential DEMO ALL STRUCTURES
07100063 01106r2007 582 Residential DEMO,
Parcel Va,lue History
Certified Roll Values,.
YAiw T, &e i��Parcel.
Roll Total Bldg Total Misc Improvement Total Land Total Just jUarkeQ Total Assessed School Exempt School Taxable
Year Value Value, Value Value Value Value value
............ --
2013 4,343 542 26,778 311,663 18,937 18,937 D
2012 8,388 542 18.375 27,305 18,620 18,620 0
2011 8,610 542 25,203 34,355 18,078 18,078 0
2010 110,284 542 29,400 40,228 17,811 17,811 10
2009 11,324 542 58,800 70,666 17,343 17,343 0
2008 10,295 542 126,000 136,1137 17,326 17,326 0
2007 15,566 495 126,000 142,051 16,821 16,821 10
2006 17,1158 496 105'000 122,653 16.411 16,411 0
2005 24.021 495 75,600 100,116 22.778 22,778 0
2004 14,871 495 52,500 67,866 22,115 22,115 a
2003 11,439 495 13,650 25,584 21.703 21,703 0
2002 9,722 495 113,650 23,867 21,195 21,195 10
2001 9,722 495 13,650 23,867 20,862 20.862 0
2000 6,131 4,098 13,550 23,679 20,255 20,255 0
1999 6,131 4J24 10,500 20.765 19,723 19.723 a
h"4/A~v mr-nafl^rfttPMnQ"rrh QQnv v2nnIA
Property Search-Monroe County Property Appraiser Page 3 of 3
1998 6,131 4,150 10,500 20,780 19,413 20,780 0
1997 5,109 3,480 10,500 19,089 19,089 19,089 0
1996 6,271 2,830 10,500 19,601 19,601 19,601 0
1995 6,271 2,942 10,500 19,713 19,713 19,713 0
1994 6,271 3,053 10,500 19,824 19,824 19„824 10
1993 6271 3,167 10,500 19,938 19,938 19,938 0
1992' 6,271 3,280 101500 20,051 20,051 20,051 ID
1291 6,271 3,394 10,500 20,165 20,165 20,165 0
I'M 6,271 3,508 10,185, 19,964 19,964 19,964 0
1989 6,271 3,621 91660 19,552 19,552 19,552 0
1988 5,132 2,899 6,300 14,331 14,331 14,331 0
1987 5,070 2,988 6,300 14,358 14,358 14,358 0
1985 5,099 3,076 6,300 14,475 14,475 14,475 0
1985 3,317 1,717 2,013 7,047 7,047 0 7,047
1984 3,148 1,717 2,013 6,878 6,878 0 6,878
1983 3,146 1,717 2,013 6,878 6,878 0 6,878
1982 3,191 1,717 2,013 6,921 6,921 0 6,921
Parcel
NOTE: 'Sales do not generally show up in our computersystern until about two to three months after the duke of sale, If a
recent sale does not show up in this list, please allow more time for the sate record to be processed. Thank you for your
patience and understanding.
Sale Date Official Records Price instrument Quallficatokown
12f111 M 96+1 11987 20„000 WD
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Monroe County Monroe County Property Appraiser
Scott.P.Russell,CFA.
P.O.Box 1176 Key West,,FL 33041-1176
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MONROE COUNTY DAMAGE ASSESSMENT
RESIDENTIAL (�B.1)
Physical Address/Location: -4 (;A
MMM
Owner(s) present: _Yes o
Name of owner(s)fTenant(s)..—,Wjk��...�)2�6 6v tvt112
Residence:. Primary Secondary
Residence insured": Yes No
Structure: CBS_ _ Wood Mobile Home-VI" R/ V
Is residence on National, Register for Historic Places? -yes No
Incident: Hurricanes Tornado Windstorm
Flood
Other
Damage Comments:
Damage Category: # 1 #2 # 3 #4
Inspected by; Aate: . IJ21
PLAINTIFF'S
EXHIBIT
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MEMORANDUM
Reviewed
TO: Joe Paskolik, Building Official
FROM: NANCYDOWLING
SUBJECT. Unsafe Structure Referral
DATE: 11/17/05
Attached please find photographs/documents regarding Code Enforcement Case
Lj6 3 a- for for your review.
Owner/ Tenant: EDWARD WEDGE Physical Address: 63 ED SWIFT RE).
KEY, 115217 RE: 00121420-000000 LOT; '2 BK: Sub: 816 COPPITT
Comments: FLOOD DAMAGE THROUGOUIT, FLOORS WEAK
I have reviewed the documents/photographs provided to me regarding the above
Code Enf oircement Case.
It is my opinion, based upon these documents/photographs that the structure is:
---X--Unsafle and ill /will not require a building permit to bring violation
into compliance
Not being maintained in a safe and sanitary condition and is in
violation of MCC 6-4(A)(C) The Standard Unsafe Building Abatement Code as
adopted.
ge Paskaiik, Building Official
Revised 6-24-05
PLAINTIFFS
,X"ISIT
Munsafe:memo NANO .doe 1
-22- 007 CE06010032 63 Ed Swift Rd Big Coppitt L
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Doc# 1642698 05/08/2007 12-28PHI
Filed & Recorded in Official Records of
MONROE COUNTY DANNYL. XOL14AGE
BEFORE T14E CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS. CASE NO. CE06010032
EDWARD J. WEDGE
Respondent(s). Doc# 1641696
I BkV 2292 P9# 1935,
ORDER IMPOSING PENALTYILIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
December 15'b 2006 at the Marathon Goverment Regional Center, located at 2798
Overseas Highway, Marathon, Florida, after due notice to the Respondent(s), at which
time the Special Magistrate heard testimony under oath, received evidence, and issued
his Order finding the Respondent(s) in violation of Monroe County Code Section(s):
§64{a)(c);
Said Order, required the Respondent(s) to correct the violation(s) and imposed fines in
the amount of $250.00,( TWO HUNDRED -FIFTY DOLLARS) per day, being
imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on March 29' 2007, Inspector Borso testified that the
following violation(s) had not yet been corrected: §64(a)(c).
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $250.00,( TWO HUNDRED -FIFTY DOLLARS), per day, beginning
December 15'2006 , and for each and every day thereafter that the violation(s)exist(s)
and/or continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the
amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the
administrative recovery for prosecution and investigation.
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH
THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATOR(S).
THE VIOLATION(S) EXISTS) ON THE FOLLOWING DESCRIBED PROPERTY:
BIG COPPITT KEY, PT LOT 2 (LOT 63), MONROE COUNTY, FLORIDA
(RE:00121420-000000)
0 0
Duch 1641698
8kN 2292 P90 1836
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk
of the Courts for Monroe County, Florida.
That upon complying, the Respondent(s) shall notify the Code Inspector in this,
case, who shall reinspect the property and notify the Special Magistrate of compliance.
DONE AND ORDERED this Z2!t day of April, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY
Larry J. S��"
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Larry J. Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the saine.
WITNESS my hand and official seal in the County and State last aforesaid this
day of April, 2007.
"P'.4 Elma Williams
Comn�qsjcn#DD481642
E*res Decamber 2.2W9
Notary Public &MdW 10,F&P JMOM
It AOa1�1Gri
1 HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.S. Mail, toffie Respondent(s) at
63 Ed Swift Rd., Big Coppitt Key, Key West, FL 33040, this 1jQ of April, 2007.
Karen L Bass,
Code E forcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
ou JU
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY,FLORIDA
Case# CE06010032
EDWARD J.WEDGE
Respondents
November 29`h 2007
Inasmuch as a Code Enforcement lien which is incorporated herein, have been on file in the
official records of Monroe County for more than 3 months without being satisfied, this tribunal,
pursuant to F.S. 162.09(3), hereby authorizes the Monroe County Attorney's office to institute
civil actions to foreclose on said liens and/or to recover money judgments for the amounts of the
individual liens plus interest and costs.
DONE AND ORDERED at the Marathon Government Regional Center, Marathon, Florida,
this 29th day of November, 2007
I.Am J.S
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared Larry J. Samtin, personally known to me,, who executed
the foregoing and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County an tate last aforesaw this 291b day of
November, 2007.
2Noryblc
1
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
Deep 1807133 09/27/2910 2:01FN
MONROE COUNTY, FLORIDA, Flied & Recorded in afficiaL R*oordn of
A POLITICAL SUBDIVISION OF MONROE, COUNTY DANNY L. KOLHAGE
THE STATE OF FLORIDA,
Case No.09CA208K
Plaintiff, The Hon. Mark H.Jones
V.
EDWARD J. WEDGE,
Defendant(s).
rn
FINAL JUQgMg
(Fl, R&II. P. 11.1MI) ca
THIS CAUSE having come before the Court, and '01ef6"n'da0AP
Edward J. Wedge ("Defendant") having failed to respond to the complaint, and
the Clerk having entered a default against the Defendant, and the Court being
otherwise advised in the premises, it is therefore
ORDERED and,ADJUDGED as follows;
ON COUNT ONE: FOR FORECLOSURE
I There is due and owing to Plaintiff Monroe County ("Plaintiff" by
Defendant the following sums:
Amount of code enforcement lien to $166,368.50
September 17,2010
Costs of suit $350.00
Attorneys' fees o $690.00
TOM $167,408.50
2. If the total sum due, with Interest at the rate prescribed by law, and
all costs of this action accruing subsequent to this judgment are not paid, the
Clerk of this Court, shall sell the property at public sale, on — at
[NO EARLIER THAN SEPTEmeEp 1, 20121, or such time as shall be
scheduled by the Clerk, to the highest bidder or bidders for cash, except as set
forth hereinafter, at the front door of the Monroe County courthouse, in Key West,
Florida, in accordance with F.S. 45.031, except the Clerk shall not conduct the
public sale unless Plaintiff or its representative Is present to bid at sale. Plaintiff
may cancel the sale on notice to the Clerk and without further order of this Court.
Doe* 1807133
Ska 2484 P9* 2444
Plaintiff shall advance all subsequent costs of this action and shall
be' reimbursed for them by the Clerk if Plaintiff is not the purchaser of the
property at the sale. If Plaintiff is the purchaser, the Clerk shall credit Plaintiff's
bid with the total sure due hereunder with Interest and costs accruing subsequent
to this judgment or such part of it as necessary to pay the bid in full.
4. After confirmation of the sale, whether confirmation be, 'by the
Clerk's filing the Certificate of Title or by order of this Court ruling on objections to
the sale, the Clerk shall distribute proceeds of the sale so far as they are
sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps
affixed to the certificate; third, Plaintiff's attorneys' fees; fourth, the total sum due
to Plaintiff plus interest at the rate prescribed by law from this date to the date of
the sale; and last, by retaining any amount remaining pending further order of
this Court.
5. After confirmation of the sale, whether confirmation be by the
Clerk's filing,the Certificate of Title or by order of this Court ruling on objections to
the sale, Defendant and all persons claiming by, through, under, or against them
since the filing of the Us Pendens in this matter, shall be forever foreclosed of all
right, tide, interest, estate, or claim in the property being sold and the purchaser
at the sale shall be let into possession thereof.
6. After confirmation of the sale, whether confirmation be by the
Clerk's filing the Certificate of Title or by order of this Court rulings on objections to
the sale, the Clerk shall at the request of Plaintiff Immediately issue a Writ of
Possession.
7. The Court does not determine at this time whether Defendant Is
personally liable for damages under the lien sued upon, and therefore, this
judgment is without prejudice to the Defendant asserting any defenses to liability
for damages should Plaintiff hereafter file a Motion for Deficiency J'ud'gment,
8. The Cleric„ upon request of the purchaser at the foreclosure sale,
shall issue a Writ of Possession of the property to accomplish possession by the
purchaser without further order of the Court. Jurisdiction of this action is retained
to enter further orders as are proper, including, without limitation, writs of
possession and deficiency judgments.
3. The United States of America shall have a right of redemption
provided by 28 U.E.C. § 2410(c) for the period therein running from the date of
the issuance of Certificate of Title issued therein.
ON COUNTS TWO AND THREE: FOR MONEY JUDGMENT AND WRIT
OF EXECUTION
10. A final judgment is entered in favor of Plaintiff Monroe County and
against Defendant 'Edward J. Wedge in the principal sum of $166,368.50, plus
350.00 as costs of suit, and $690.00 in attorneys' fees, for a total sum of
$167,408.50, for all of which let execution issue. Interest shall continue to accrue
at the statutory rate of 6% per ye"" 22.9 or day pursuant to Section 55.03,
F.S.
cp 78071313
2 Skill 2484 1190 2443
ON COUNT FOUR: FOR INJUNCTIVE RELIEF
11. Within ninety (90) days from the date of this Judgment, the
Defendant Is hereby required to correct the violations of the Monroe County
Code as set forth in the Findings of Fact, Conclusions of Law, and Order signed
by Special Magistrate in Monroe County Code Enforcement Case No.
CE060110032, by obtaining an after-the-fact permit and passing final inspections
by the Monroe County Building Department or by obtaining a demolition permit
and passing final inspections pursuant to that permit by the Monroe County
Building Department to correct said violations.
12. Any person violating this Judgment may be subject to civil or
criminal contempt proceedings, punishable by sanctions including imprisonment
,up to a term of one year pursuant to Sections 38.212 and 3,8.23, Florida Statutes,
and the Court retains jurisdiction for the enforcement of this provision.
DONE AND ORDERED in Chambers at Key West, Monroe County,
Florida,this day of September 2010.
(<WUIT UDGE
Copies to: Doc# 1307233
Edward J.Wedge WN 2484 PoN 2440
60 Ed Swift Rd.
Key West, FL 33040 MONROE COUNTY
Edward J. Wedge OFFICIAL RECORDS
63 Ed Swift Rd.
Key West, FL 33040
Cynthia L. Hall, Esq.
Assistant County Attorney
Monroe County Aftorney's Office
P.O. Box 1026
Key West, FL 33041-1026
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RESOLUTION NO. AJ 2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SETTING A MINIMUM PERCENTAGE
THAT WILL BE ACCEPTED TO SETTLE FINES AND COSTS IMPOSED
IN CODE ENFORCEMENT CASES, PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE
DATE,
WHEREAS,Section 162.09(l),Florida Statutes,and Monroe County Code Section 6.3-7 gives
the special master appointed to herb Cade Enfarccmcnt cases the authority to impose fines after a finding
that the property owner has violated the Monroe County Code and that the property owner thereafter has
not conected the violation(s);and
WHEN,under Section 162.09(3),Florida Statutes,and Monroe County Code Section 6.3-5,
if the County pmmds in prosecuting a case before the special master,the County is also entitled to
recover all costs incurred in prosecuting the case;and
WHEREAS,a certified copy of the order imposing fines and costs becomes a lien on real and
personal property owned by the violator once recorded with the County Clerk;and
WM—v!W.AS,thereafter,the County hen the authority to initiate litigation for foreclosure of the
lien or for a money judgment;and
WHEREAS,in the altemative,the County has the ability to enter into an agreement with the
property owner to settle the matter on such terms and conditions as the parties decor rnutuaily acceptable,
in order to resolve the matter short of litigation;and
WHEREAS,the average cost of investigating and prosecuting a Code Enfam meat case is at
least S1,101.43,and the Code Enforcement Depattmatt projects that I XO cases will be brought before
the special master in the current fiscal year,for a total projected cost of approximately$1.2 million;and
WHEREAS,it is appropriate to defray the majority if not all of the cost through the collection of
fines and costs from the actual property owners cited for the violations;and
WHEREAS,AS,it is advantageous for the County not to mitigate the fines and costs by a significant
amount at time of settlement,so that the fines and costs will serve as a deterrent to other property owners
not to violate the Monroe County Code,or so that the imposed fines and costs will act as an incentive for
the property owners found to have violated the Code to correct the Code violations as quickly as possible.
NOWT THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,that:
Section 1. It is hereby declared to be the policy of the{County that the County will accept e
min maun oftwrenp5'ive percent(t S%)of accrued fines and costs in settlement of Code.Enforcement
cases after said fines and costs have been imposed by the special master.The County will not settle any
fines or costs prior to compliance.
Section 2. Any resolutions concerning the policy of the County with respect to the
percentage of fines and casts to be accepted in settlement of Code Enfbmcment cases after said fires and
1
costs have been unposed by the Special Magistrate are hereby repealed and any contrary provisions of the
Monroe County Code are hereby repealed.
Section 3. This resolution shall tape eit on May 21 ,2008.
Section 4, The Clerk of the Court is hereby directed to forward one(1)certified)copy of this
Resolution to the Division of growth Management.
PASSED AND ADOPTED by the Hoard of County Commissiionms of Monroe County, Florida, at a
regular meeting of said board held on the j of May,2008.
Mayor Mario Dtr&apasre,_J)istric t 4 Yes
Commissioner Dixie Spehar,District 1 Yee
ut.+D Coratndssioner,George Neogent,District 2 Yee
ioncrCharlen "Sonny" McCoy' Dist.3 _yjL
ones Sylvia.Murphy,District 5 Yee
" r QLHAGF-Clerk BOARD OF COUNTY
COMMISSIONERS O
By.-h M®N>I E GOUNTY, A
Deputy&dk =
BY: .�-�-
Mayor Mario DiGennaro
MONRtOE COUNTY ATTORNEY
AC=R0VVD AS TO
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