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Item N8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 10, 2014 MAR Division: County,Attornex Bulk Item: Yes—No XX Staff Contact Phone#:-Lisa Granger 305-292-3470 AGENDA ITEM WORDING Presentation of an offer by Magnolia TC 2 REO,LLC the owner of property located at 28213 Helen Avenue, Little Torch Key Florida,for a partial release of code compliance hen imposed in code case CE03120083 in exchange for payment of a reduced amount of fines. ITEM BACKGROUND: This property, then owned by Christopher and Laurie Conn, was the subject of a code compliance case for extensive renovations completed on a mobile home without permits, inspections or approvals. The fines and costs that accrued during the time of the Conns' ownership total $1,777,550.00. The current owner,Magnolia TC 2 REO, LLC(Magnolia)purchased the property along with the County's lien through a tax deed on November 6, 2013.The purchase price was$11,940.46.The County's lien by law survives the tax sale and deed.The accrued amount of the fines since Magnolia's ownership total $65,400.00. The total amount of the County's lien is $1,842950.00. The property is not compliant. CE03120083: On June 30,2005 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$6�00 per day if compliance was not achieved by the ordered compliance date of July 21,2005.The property owner did not gain compliance by the compliance date ordered by the Special Magistrate.On July 28,2005 the Special Magistrate imposed the lien.The County's lien was recorded on April 28,2006.The Special Magistrate authorized firther collection actions on December 15, 2006. At the May 16,2007 meeting the Board of County Commissioners authorized litigation. The County Attorney's Office initiated litigation in the Circuit Court.On April 7,2011 the Circuit Court ordered a default judgment in favor of the County against the Conns. The property is currently not homesteaded and there are no pending foreclosure actions at this time. Based upon the circumstances of the ownership of the property and the case, more fully explained in the attached memorandum,Code Compliance Department is recommending that the County accept payment of a reduced fine in the amount of$10,000 and full payment of costs in the amount of$6,350.00,provided the County receives payment in full of$16,350.00 within 30 days in exchange for a partial release of lien for the subject property. The lien will remain against Christopher and Laurie Conn. If payment in the full amount ($16,350.00) is not received by the County within 30 days then the amount of the fines and costs revert to the full amount. PREVIOT JS EFT EVANT BOCC ACIIQNv Q13 Jauu= 16, 2008 the BOCC authorized litigation. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Accept payment in the amount of$16,350.00 provided the full payment is paid within 30 days in exchange for a partial release of hen on the subject property. If full payment is not received by the county within 30 days then the amount of the fines and costs revert to the full amount. TOTAL COST: INDIRECT COST., BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: 148-50001-530318 REVENUE PRODUCING:Yes AMOUNT PER MONTH Year APPROVED BY: County Arty 00—M B/Purchasing_ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# '... ojyu County Of Monroe Growth Management Division Code Compliance Depa Board of 2798 Overscas Highway Marathon,Florida 33050 rtment ounty Comm Mayor Sylvia Murphy,D issioners e 5 �� Mayor Pro Teon Danny L.Kalhage,Dist.1 Voice:(305)289.2810 Heather Carruthers,Dist.3 FAX: (305;)289-2858 David Rice,Dist,4 George Neugent,Dist 2 We strive to 6e caring,professional,and fair. MEMORANDUM TO: Lisa Granger,Assistant County Attorney FROM: Kathleen Windsor,Sr.Code Compliance Research Analyst DATE: August 16,2014 SUBJECT: Request for Partial Release in case CE03120083,28213 Helen Ave.,Little Torch Key SUMMARY: The County has received a request from the property owner;Magnolia TC 2 REO,LLC,Mike Oliver,Manager,to accept a reduced amount of fines and costs and to provide the property owner with a Partial Lien Release releasing the Monroe County Lien in the name of the prior property owners, Laurie and Christopher Conn,from the subject property so the property may be sold. The property was transferred to the present owner, Magnolia TC 2 REO, LLC, Mike Oliver, Manager, with a Tax Deed on October 17, 2013 without the benefit of a Title Search. The County's lien survives the Tax Deed. Magnolia is reluctant to spend any additional money in this property due to the impending litigation by the County, however with a favorable agreement for a Partial Lien Release they will immediately proceed with achieving compliance by the removal of all structures. CASE CE03120083 BACKGROUND: On December 2, 2003 a Stop Work Order was placed at the subject property, 28213 Helen Avenue,Little Torch Key, for work commencing without required permits, approvals and inspections. On May 6, 2004 a Notice of Violation was served in this matter to property owners Laurie and Christopher Conn. Compliance was not achieved, and a Notice of Hearing was served for the Corns to appear at the August 25,2004 Code Enforcement Hearing. Subsequently on June 30,2005 a hearing was held and the Special Magistrate found the property owners in violation of all Monroe County Codes as cited. Pursuant to the finding, tines in the amount of$600.00 per day were ordered to begin accruing on July 22, 2005 if compliance was not achieved. Compliance was not achieved and another hearing was held on July 28, 2005 whereby the Special Magistrate imposed the lien. The Order Imposing Penalty/Lien was recorded as a lien on April 28, 2006. This lien is a lien on the subject property and any real and personal property owned by the property owners. On December 12, 2006 a letter was sent to the property owners by the Floodplain Department(regarding permit application 03105706 for After-the-fact improvements) that engineered drawings were required to elevate the mobile home and Florida Room to the correct base flood elevation and all work must meet Florida Building Codes. This letter included a 30 day appeal period and the letter was not appealed. On December 15, 2006 the Special Magistrate granted authorization to the County to institute collection actions. At the May 16,2007 BOCC meeting the BOCC granted the same authorization. On April 7,2011 the circuit court judge issued an order granting,a default judgment in favor of the County. On October 12,2011 the property was inspected by the Building Official and was deemed to be uninhabitable. The property owner never gained compliance and the property was transferred to the present owner,Magnolia TC 2 REO,LLC,Mike Oliver,Manager,with a Tax Deed on October 17,2013 as a result of the purchase of property tax certificates. The County's lien and final judgment survive the Tax Deed. The $600.00 per day fine(total 6 counts)accrued for 2952 days for a fine total of$1,771,200.00. As of August 4,2014 the County's costs to date are $6,350.00, and continue to accrue until the case is closed. Therefore as of August 4,2014. the total amount of the lien is$1,777,550.00. On October 17,2013,(date of Tax Deed),the County stayed the daily accrual of the fines for 6 months to give the new owners an opportunity to cure the violations or demolish all structures. The fines resumed accruing April 17, 2014. The property was inspected August 4,2014 and the violations remain. Therefore as of August 4,2014 the daily fines of$600.00 per day have accrued for 109 days for a fine total of$65,400.00 and continue to accrue. On May 21, 2008 the BOCC passed and adopted resolution 148-2008 adopting a maximum amount for the reduction of fines. However that resolution addresses reductions after the property has been made compliant. In this case, even with the maximum reduction allowed, $450,000.00 far exceeds the value of the property and is impeding the sale of same. The property owner is requesting a partial payment of fines and a Partial Lien Release. In exchange Mr. Oliver has agreed to enter into a New Buyer Affidavit with the County giving him a reasonable period of time to demolish all structures. The Partial Lien Release releases the lien filed in the name of prior owners from this property and remains intact on all other real and personal property owned by Christopher and Laurie Conn. The 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 cunning. 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. STAFF RECONEWENDATIONS: Accept a partial payment of fines in the amount of$10,000.00 but not a reduction of costs. Costs(as of August 4, 2014)shall be paid in full in the amount of$6,350.00. If the total amount of the reduced fines plus total costs ($16,350.00)is not paid within 30 days the amount should revert back to the total amount of the lien, ($1,777,550.00). Additionally prior to the issuance of a signed Partial Lien Release,the property has been brought into compliance. Attachments: Current Property Record Card Stop Work Order and 2003 Photos Notice of Violation Order/Lien Floodplain Letter Defaut Judgment Uninhabitable Declaration Tax Deed F.S. 197.552 Fine Screen August 4,2014 inspection photos Resolution 148-2008 Draft Partial Release Draft New Buyer Affidavit Property Search--Monroe County Property Appraiser Page 1 of 4 Scott P. Russell, CFA Key West(305)292-3420 Marathon (305)289-2550 Monroe County, Florida Plantation Key (305)852-7130 l Website tested on IE8, IE9, & Firefox. Property Record Card - Requires Adobe Flash 10.3 or higher Maps are now launching the new map application version. Alternate ey: 1290441 Parcel I ; 00223240-000000 Ownership Details Mailing Address: MAGNOLIA TC 2 RED L.LC 558 W NEW ENGLAND AVE STE 250 WINTER PARK,FL 3270 4254 Property Details PC Code:02-MOBILE HOMES Millage Group: 100H Affordable Housing: No Seddon-Township-21-66-29 Range: Property Location: 28213 HELEN AVE LITTLE TORCH KEY Subdivision: LADIES ACRES 1 ST AMD,THE Legal Description: BK 3 LT 16 THE LADIES ACRE 1ST ADDN PB5-102 LITTLE TORCH KEY OR555-756 OR1023-1047R/S OR1383-230/32 OR7390-2420/37F/J OR1532-2277 OR1789-M OR1832-497/98 OR2657-1969T/D Click Map Image to open interactive viewer ,�Ulch!� ofk-L- AVE �« ..._.. _..._..._. —. �............ A � 223110 223120 223130 223140 223130 a 223110 pp N q p 223260 223250 223240 223230 223220 821_T688 R29E 13 17 16 15 AVE w ;w i �9r � �, � a u p�i ,yl u� ,� � � +�� fto �'�1 �"� � N� iR',i+� u:.^W ,om ,( 5 ' � u ,� o�wwr� �,:,,�w� rr� ^ 1p m t n �W �, !7 VBM� q. � BO ✓ Ap - o. 22380 ' it17 k 41 An 3 v m� Property Search—Monroe County Property Appraiser Page 2 of 4 Land Details Land Use Code Frontage Depth Land Area 020D-MOB HOME DRY 75 80 6,000.00 SF Building Summary Number of Buildings: 1 Number of Commercial Buildings: 0 Total Living Area:672 Year Built: 1970 Building 'I Details Building Type M1 Condition A Quality Grade 350 Effective Age 25 Perimeter 136 Depreciation%54 Year Built 1970 Special Arch 0 Gmd Floor Area 672 Functional Obs 0 Economic Obs 0 Inclusions: M1 includes 1 3-fixture bath and 1 kitchen. Roof Type FLAT OR SHED Roof Cover METAL Foundation CONC BLOCK Heat 1 NONE Heat 2 NONE Bedrooms 2 Heat Src 1 NONE Heat Sm 2 NONE Extra Features: 2 Fix Bath 0 Vacuum 0 3 Fix Bath 0 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 6 Fix Bath 0 Security 0 6 Fix Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 0 Dishwasher 0 56 FT. FT FLA.AD003 12 FT. 12 672. 136 34 FT 2Z% T EPB 12 FT. F F1 352.76 16 FT. D OF 328-79 :2 F�. 28 F7. 28 FT. 12 FT Sections: Nbr Type Ext Wall #Stories Year Built Attic A/C Basement% Finished Basement% Area 0 FLA B:META )ALUM 1 1970 672 httn•//www mrnafl nra/PmnRearrh acnx R/io;nn1d Property Search-Monroe County Property Appraiser Page 3 of 4 0 EPB 1 1979 352 0 DUF 4:CONC BLOCK 1 1979 328 Misc Improvement Details Nbr Type 11 Chits Length Width Year Built Roil Year Grade LNG: 2 WD2:WOOD DECK 60 SF 0 0 1979 1980 3 40 3 WD2:WOOD DECK 100 SF 10 10 1983 1984 3 40 4 FN2:FENCES 660 SF 1110 6 1987 1988 2 30 5 UB2:UTILITY BLDG 80 SF 10 8 1997 1998 2 50 6 WD2:WOOD DECK 304 SF 0 0 1986 1986 2 40 7 PT&PATIO, 485 SF 0 0 1985 1988 4 50 8 PO4:RES POOL 144 SF 12 12 1985 1986 5 50 9 FN2:FENCES 528 SF 6 88 2004 2005 2 30 Appraiser Notes 14-1 Building Permits Bldg Number Date Issued Date Completed Amount Description Notes A-11576 03/01/1984 12/01/1985 250 REPLACE WOOD DECK 88-1559 08101/1988 12MI11988 250, FENCE WOOD Parcel Value History Certified Roll Values. View Taxes for this Parcel. Roil Total Blldg Total i9'isc Improvement Total Land Total Just( t) Total Assessed School Fkempt School Taxable Year Value Value Value Value Value Value Value 2014 28,514 16,434 37,500 82.448 82.440 0 82,448 2013 29,607 17,010 37,500 84,117 75,505 0 84,117 2012 37,537 17,604 13,500 60,641 68,641 0 68,641 2011 46,922 18,180 13,500 78.602 78,602 0 78,602 2010 47,592 18,755 38,400 104,747 104,747 0 104,747 2009 48.282 19,467 48,000 115,729 115,729 0 115,729 2008 56,273 20,122 67,500 143,895 143,895 0 143,895 2007 53,066 18,666 162,000 233,732 233,732 0 233,732 2006 191,279 19,989 126,000 287,535 287,535 0 287,535 2006 56,363 3,780 90,000 150,143 150,143 0 150.143 2004 44,497 3,942 24,000 72,439 72,439 0 72,439 2003 44.497 4,118 24,000 722,615 72,615 0 72,615 2002 40,954 4,273 24,000 69,227 44,272 25,000 19,272 2001 25,933 11,458 24.000 61,391 43,575 25,000 18,575 2000 25,933 8,425 11,100 45,458 42,306 25,000 17,308 Ii1M•thin xu mrnaf l narrrornneoarrh aanw RF7 K/�n 1 A Property Search--Monroe County Property Appraiser Page 4 of 4 1999 22,188 7,906 11,100 41,194 41,194 25,000 16,194 1998 22.188 8,212 11,100 41.500 41,500 0 41,500 1997 21,264 8,167 11,100 40,531 38,046 25,000 13,046 1996 18,490 7,348 11,100 36,938 36,938 25,000 11,938 1995 18,490 7,616 11,100 37,206 37,206 25,000 12,206 1994 18,490 7,862 11,100 37,452 37,452 25,000 12,452 1993 18,490 8,120 11,100 37,710 37,710 25,000 12,710 1992 18,490 8,376 11,100 37,968 37,966 25,000 12,966 1991 18.490 8.633 11,100 38.223 38,223 25,000 13,223 1290 18,490 8,882 11,100 38,472 38,472 25,000 13,472 1909 18,490 9,148 11,100 38,738 38,738 25,000 13,738 1988 14,995 7,174 9,000 31,169 31,169 0 31,159 1987 7,590 7,369 9,000 23,959 23,959 23,959 0 1986 7,633 7,556 9,0W 24,189 24,189 24,189 0 1986 6,767 4,132 9,000 19,899 19,899 19,899 0 1984 6,339 4,132 5,994 16,465 16,465 16,465 0 1983 6,339 4,132 5,994 16,465 16,465 16,465 0 1982 6,456 4,132 5,994 16,582 16,582 16,582 0 HistoryParcel Sales NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. Sale Date Official Records Book/Page Price instrument Qualification 11/6/2013 2657/1959 12,000 M 11 11/12/2002 1832/0497 115,000 _WD Q 611/2002 1789/843 56,400 QC J 8/14/1998 1532/2277 80,000 WD u 7/1/1987 1023/1047 42,000 WD (? 21111973 556/756 2,900 00 Q This page has been visited 298,844 times. Monroe County Monroe County Property Appraiser Scott P.Russell,CFA P.O.Sox 1176 Key West, FL 33041-1176 httn•//www mrnafl nra/PmnQrarrh aanv Q/LAt/nR1 A MONROE COUNTY STOP WORK ORDER N . 670 INSPECTOR D A T E BY: CODE ENFORCEMENT —BUILDING DEPARTMENT ff CONTRACTOR'S NAME —PERMIT# PROPEATY OWNER'S NAME STREET,,ADDRESS A11,111 LOT— BLOCK— SUBDIVISION SPECIFIC DESCRIPTION OF WORK BEING DONE: HAS THIS WORK BEEN COMPLETED? Yes No Partial ............... Please bring this form to the Monroe County Building Department, along with a copy of your Property Record Card (which may be obtained from the Property Appraiser's office) and any other documentation pertaining to this 01 pr Ject. Depending on the scope of the work, a building department staff will be able to determine whether your project can proceed with a permit AND/OR whether a demolition permit will be required. Your prompt response to this notice is appreciated. Building Department offices are located at: Upper s Middle Kgs Lower Plantation Key Govt. Center, Marathon Govt. Center Building Department 88800 Overseas Highway 2798 Overseas Highway Room 2030 Tavernier, FL Marathon, FL 5503 College Road 852-7100 289-2501 Key West, FL 33040 292-4490 For office use only: Flag placed Date Initials Flag removed Date Initials— ("o d e Office MONROE COUNTY BUILDING DEPARTMENT t 3 � �_.. PLAN REVIEW CO I EN s EET P TE INSRECTOR COMMENTS: w YWYYY.W..i_YY..,y • � Y .v �rXTYM.. _YYY..Yi YYi_ f 4L ' t9 r _YY ......... 'rrF'Yl.l.ri �T�FY.w..ww wwYiiY��Y�.YrYY_AwFMM.IIYM.,wW.Ylrlr�ll.l. �.. Yw+.rlwiw+uNWMYli,w111dsY_YY.��suw' ws.��--�.- _.....ww1.�.YYr.YMYa.Y.rgN _��.'.. PLAINTIFF'S mmiBrr r.r..,wwYs.YtlYI..M®iw....ir1YWW YY.MMM.� ++M.rM..IX.sI�_�i Y41YY.ww_YiYYi.�.�ri1��s.sYI.�O�.�'e... !r�r Inspector.J.Housman 28213 Helen Ave millii 0 �t �i uuluwMmp ° V f ry rr�r�r lr r d G r +1 �4rr 6 � o� rr �1 Y i i II � i�;�� h� � �v"t��l+� ��rr '4�i��k4� a�,�'�JCe�� 1�'ru ✓ i � b � �� h%�¢ .�� a rl,�,f,�'°„y,,,v✓,�'.��°�k_a,,,v.��,Q .,,„J� r/�l, .w i.,,�1 P FLAT�FF'S Inspector: L Housman O Ave /uynsi //��yf fJl�r ��f�✓�%Tl� 1 f/J I�yr�_. �� Q 9 V .,,; s, 28213 Helen � b u✓�mug s �, r h� r /i d�t�� fr �% : I� �. ��'�u�l� i f U t d 91fr?�� i �N,¢ �1:�rpf /r J 'uFi /a�/�'�y',�'✓"�f�P�� .. �* � � �yir /r✓ � ��r�`�a� � �a �',�"��'�y"''�s�p��tx �,� � f ��rV I i;�fillrblre I f l�l�l'✓ U>"� IJ aO' �'tli'L l�'^C''b � � )�0 P J l/7Jll N- r ,P / Jrf/l�//r4%rJ'ii lGr r ?yam f/f�/� �/✓/��//i� 1 / rb � y r/n./a��71�'�raf�f f irk'�,�it r � i IVpp' i luuuu I i � � /i �i l///"/�� ,`I ��> /�'�J�� ,; �/ f q�/��/��%i �l�,lll✓lfly;��/Ut�� ( I i it ri .., rr+flaNrMg""'i✓'�� 'm Old, : . ,M i "71 r� „ i°j�11 ry4F pa 1`11/f/i21/�>Gr/ 11 ry/ I 1 f { " r Cf LATIFF p ff air Inspector:J.Housman O 28213 Helen Ave 3dJ o ,=,mn.,,a.7T 7 777 (! a*wr aao�p �a nag �vw;rp, w#�e ww m�B� �a� �:a � rt,„� r � � u Iy�IV�uyaNl�yJ! rn�rin,�rharv�uunRnnrwy;, � G I µ I� 9�,w n,�,�wd'�kw�jl� �i I rl l .�/ lAf ➢yAk� '� f0� �yl � fll fi✓I��,e�*°"P�I �f�y,�^�yln��/ ��I '�,,� �, I„¢^Jk,�! 1 j i^) °ni✓�>�r 1 Y�t'!'��'y��Q� �!Fi''�W��6 �h�/I w' 4��II�Aq�, r ✓� �a,�� "�/, �, ,Irk a,�j�,,°, 1 f I i U P a� IIMII to m r u 1 l ii n p 'r 14,1 IMMUNE %iy. irii,/ �f n�vN ✓ �,,,{{„„ ,�r�G� yl "Ai l v b�ull I � I 1 Flu � 1 A PLAINIrFS 1 EX I ff I w ` QNROE COUNTY CODE ENFORCE07 ** AMENDED NOTICE OF VIOLATION ** TO: CONN, CHRISTOPHER & LAURIE CASE NUMBER: CE03120083 28213 HELEN AVE SUMMERLAND KEY, FL 33042 RE NUMBER: 00223240000000 LEGAL DESCRIPTION: 28213 HELEN AVE LITTLE TORCH KEY, FL 33043 DEAR PROPERTY OWNER / TENANT, You are hereby notified that an inspection of the above referenced property on 04/07/2004 found violations of the following Monroe County Code, Section(s) : 9.5-111(a) FENCE, DECKS, POOL, STUCCO, WINDOWS, DOORS ALL REQUIRE PERMITS AND MUST MEET CODE STANDARDS REQUIRED FOR MOBIL Corrective Action Required: Contact the Monroe County Building Department to either 1) Obtain an after-the-fact building permit, or 2) Obtain a demolition permit and remove as directed by the building department. 9 .5-281 SIDE YARD AND REAR YARD ISSUES Corrective Action Required: Please contact the Monroe County Planning Department to obtain a variance if possible or remove as directed by the Building Department. 9 .5-309(a) FENCE HEIGHT OVER ALLOWED HEIGHT AT FRONT SETBACK Corrective Action Required: Reduce fence height to permitted height as provided by Monroe County Code. 9.5 309(g) NO PERMIT FOUND FOR FENCE Corrective Action Required: Contact the Monroe County Building Department to obtain an AFter the Fact permit for a fence or remove as directed. 9 .5-316. 1(a) MOBILE HOME MAY NOT BE ALTERED WITHOUT FULL COMPLIANCE WITH THE CODE Corrective Action Required: Contact the Monroe County Building Department and the Monroe County Floodplain Manager to obtain either an after-the-fact permit or to obtain a demolition permit and remove as instructed. 9.5-317(b) (3) ACCESSORY STRUCRE (SHED) MAY ONLY BE USto-OR LIMITED STORAGE Corrective Action Required: Contact the Monroe County Building Department and obtain an After the Fact permit for construction below base flood or demolish as required. NOTE: Monroe County' s web page, which includes all Monroe County Codes is located at: www.monroecounty-fl.gov, then choose Monroe County Code. In order to correct the violation(s) noticed above, you are requested to take the corrective action within 10 DAYS OF RECEIPT OF THIS NOTICE. This notice is intended to seek your cooperation in correcting the violation(s) described above without having to initiate proceedings before the Code Enforcement Special Master or court system. The Code Enforcement Department will attempt to help you correct the violation(s) . if you feel you need an extention of time to comply with the action requested above, please contact the Code Enforcement Department. Any extention, if granted, will not exceed ten ( 10) days. The violation(s) listed herein do not necessarily constitute all the violations, which may exist with regards to this matter/property. Lack of enforcement proceedings at this time does not constitute a waiver of the right to future prosecution. NOTE: If the violation(s) are corrected then recur, or if the violation(s) are not corrected by the time specified by the Code Enforcement Inspector, the case may be presented to J. Jefferson Overby, the Code Enforcement Special Master, even if the violation has been corrected prior to the Special Master Hearing. Your cooperation in this matter will be greatly app3;pciated. Date: 05/04/04 BASS KAREN Code Enforcement Inspector I hereby certify that a copy hereof has been furnished to the above-named adressee(s) by Certified mail, Return Receipt Requested, No. 7002 1000 0004 8084 6628 on, 05/04/04 . C de Enforcement Department Please contact the Code Enforcement Department upon correction of the violation so a re-inspection may be conducted. Lower Keys: 1100 Simonton Street (Room 1-171) , Key West, FL 33040 - (305) 292-4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 - (305) 289-2810 Upper Keys: 88820 Overseas Highway Tavernier, FL 33070 - (305) 852-7135 0 0 DooN 1578368 04/28/2006 9:14AM Doom 1578568 Filed 8 Recorded In Official Records of 9k6 2204 PNN 1116 MONROE COUNTY DANNY L. KOLHAGE BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE OF MONROE COUNTY,FLORIDA DocN 1970105 02/25/2014 9:13AN MONROE COUNTY,FLORIDA Filed 8 Recorded in official Records of Petitioner, MONROE COUNTY AMY HEAVILIN VS. CASE NO. CE03120083 CHRISTOPHER CONN and LAURIE CONN DOCK 1970105 Respondent(s). 8kN 2672 PSN 1113 / Q-RJDERIMPOSING PEMALTY EN THIS CAUSE having come on for public hearing before the Special Magistrate on July 28`h 2005, after due notice to the Respondeni(s), at which time the Special Magistrate heard testimony under oath, received evidence, and issued his Order finding the Respondents) in violation of Monroe County Code Section(s): § 9.5-111(1), §9.5-281, §9.5-309(a)(1), §9.5-309(g),§9.5-315.1(a), §95-317(b)(3)b. Said Order, and subsequent orders, required the Respondents) to correct the violation(s) by July 210 2005, and further, that failure to correct the violation(s) by the compliance date may result in a fine, per count, per day, being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on July 28d' 2005,Inspector Norman testified that the violation(s)bad not yet been corrected. 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$100.00 (ONE HUNDRED DOLLARS),per count, per day, beginning July 22nd 2005, 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) has been 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) EXIST(S) ON THE FOLLOWE4G DESCRIBED PROPERTY: BK 3, IT 16, THE LADIES ACRE, lsT ADDN., LITTLE "PORCH KEY, A/KJA 28213 HELEN AVENUE, LITTLE TORCH KEY, MONROE COUNTY,FLORIDA :00223240-000000) 1 A u� aooa ia�aeaa Oki! 2204 Pga ills S Mn an... Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the N� Courts for Monroe County,Florida. -om m �n a That upon complying, the Respondent(s) shall notify the Code Inspector in this can,who shall reinspect the property and notify the Special Magistrate of compliance. i DONE AND ORDERED this of August,2005, at the Monroe County Government Regional Center,Marathon, orida. BY I Je a erby,Esquire Code f ent Special Is tie STATE OF FLORIDA COUNTY OF MONROE 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 J. Jefferson Overby, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. =August, my hand and official seal in the County and State last aforesaid this_l ay 2005. KNOLa s Notarf lic EOM J.f.2%2= I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/lien has been furnished by U.S. ' , to the Respondent(s) at 28213 Helen Avenue,Little Torch Key,FL 33042,this of August,2005. Karen L. ass, Code Enfo ment Liaison I hereby ce this,docu truea d r � , �°1, 0iVIll�lA � 11 4J 1s � `wh r n �t �� 1. gar t�iTAt.k 1("du +�„,�'� Iv "N4 Sind. u y a' ... �" .............. ... .„ .. 5 9 a I .."� �`d MONROE COUNTYo . ...... ...... .... � 91j1 48R�� ha#� k� OFFICIAL RECORDS � ; r�� ` . . 0 0 County of Monroe Growth Management Division Building Denartmeat Board of County Commissioners 2799 Overseas Highway Mayor Mario Di Gennaro,Dist.4 Suite#300 Mayor Pro Tem Dixie Spehar,Dist. 1 Marathon,FL 33050 d George Neugent,Dist.2 Voice: (305)289-2501 Charles"Sonny"McCoy,Dist.3 FAX: (305)289-2515 Sylvia J.Murphy,Disk.5 We strive to be caring,professional and fair 12/12/06 Christopher&Laurie Conn 28213 Helen Ave. Little Torch Key,FL 33042 RE: Code Enforcement case CE03120083 and application 031-5706 for Lot 16 Block 3 Ladies Acres RE#00223240.000000 Dear Mr. &Mrs. Conn, You were previously notified in my letter dated February 9, 2004, that in order to permit the after the fact improvements to your mobile home, you would be required to elevate it to the correct base flood elevation and submit engineering that the construction performed without benefit of a permit meets the Florida Building Code. Subsequently, Code Enforcement has provided additional information that there are other unpermitted improvements to the interior of the mobile home and florida room, including"new kitchen, appliances, washer and dryer, a/c ceiling fans, textured walls, Italian file throughout". The additional constructions further supports the original letter that advised you to submit engineered drawings to elevate the mobile home and florida room to the convect base flood elevation as well as meet Florida Building Codes. Section 9.5-317(b)(4)g. states, " A manufactured home may be altered or modified by engineering standards more stringent than originally required if the manufactured home is elevated to or above the required base flood elevation." You have not submitted the previously requested documentation in order to proceed thru the permitting process. Therefore your incomplete application as submitted on 12-29-03,is denied. You have the right to appeal this decision. If you choose to do so, please obtain an application from the Planning Coordinator's office (305) 289-2500 (application fee$950). An appeal must be filed within 30 working 0 Q days of this decision and be accompanied by a non-refundable notification fee of$3.00 for each adjacent property owner, as well as$735 for newspaper advertisements. Sincerely, �� Ane Bair,CFM Special Projects Administrator cc: Code Enforcement IN THE CIRCUIT COURT OF THE I OT"JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CIVIL DIVISION Board of County Commissioners ofl -ever; Monroe County, Florida, a political Case .: 07-CA-903-K subdivision of the State of Florida, :, r' ; ion Plaintiff, ;foNpor•cau r� ,o,a,,r r V. Christopher Conn and Laurie Conn, Defendants. ® G G D"Fyg jU AgN THIS CAUSE came before the Court upon Plaintiff's MotIon for Default Judgment. The Court; after review of the file, finds that Defendants, Christopher and Laurie Conn, have failed to file a response to Plalntifrs Second Amended Complaint as previously ordered by this Court It is thereupon ORDERED AND ADJUDGED: That a default judgment be and Is hereby entered against Defendants, Christopher Conn and Laurie Conn, for failure to file and serve a response to Plaintiff's Second Amended Complaint. NE AN ORDERED in Cha bers at Key West, dnrae County, Florida, this day of 2011. IL ,A CIRCUIT JUDGE Coptea to. Cynthia L.Hall,Esq. Christopher&Lauds Conn 11 Judldal Default,ofUPWO K County of Monroe Growth Management Division Code Compliance Department ""' Bird of County Cpgimissioners 2798 Overseas Highway Mayor Heather Carruthers,Dist.3 Min,Florida 33050 Mayor Pro Tern David Rice,Dist.4 Voice:(305)299-2810 Kim Wigington,Dist.l Fax ; (305)289-2536 George Neugent,Dist,2 Sylvia J.Murphy,Dist.5 asA ina its a S r c re sp�ectio ques ferral TO• : T+_ FROM: CODE ENFORCEMENT CASE: 0 k 2-COS" DATE: [) L r Uninhabitable means whenever the building official finds that an unoccupied, vacant structure is unfit for human occupancy because of the degree to which the structure in in disrepair, or contains unsafe equipment or is so damage, decayed, dilapidated, structurally unsafe of such faulty construction or unstable foundation that a partial or complete collapse is possible. Therefore,based on the following conditions,please accept this memo as a formal request to inspect the following property: PARCEL ID: CO3"a CDOOCO OWNER: ADDRESS: KEY: u�.. CO S: S �)&&. Response from Building Official: I have inspected the above-mentioned property and deem the offending structure(s)uninhabitable due to the following conditions) Structure is an unoccupied,vacant structure unfit for human occupancy because of the degree to which the structure in in disrepair. Structure contains unsafe equipment. Structure is damaged,decayed,dilapidated,and structurally unsafe. Structure is of faulty construction. Structure has an unstable foundation and that a partial complete collapse is possible. I,doe Pasklik.Building Official have personally inspected the above-mentioned property and agree that due to the above condition(s)there exist sufficient cause to demolish the offending structure(s). 1,doe Pasklik.Building Official have personally inspected the above-mentioned property and have determined that rehabilitation and/or repair of the structure would be a more reasonable approach to remedying the violation. Signature&Titl Date P.RRFI RRAL FORM t0 Building Official doc Tax Deed Flle Number 2013-25 Property Identification Number 00223240-000000 ow F ldRecorded1i0Of? iadoi& nfcl Recoor0 TAX- DEED MONROE COUNM My NEAVILIN STATE OF FLORIDA OEM111/96DOCrritl tsp @m rys COUNTY OF MONROE a84'00 The following Tax Sale Certificate Numbered 2010-1782 issued on June 1,2014 was filed in the office of the tax collector of this county and application made for the issuance of a tax deed,the applicant having paid or redeemed all other taxes or tax sale wo certificates on the land described as required by law to be paid or redeemed,and the costs and expenses of this sale, and due notice of sale having been published as required by law,and no person entitled to do mr so having appeared to redeem said land;such land was on the 17th day of October,2013 Ulmoffered for sale as required by law for cash to the highest bidder and was sold to 0 Magnolia TC 2 REO,LLC 558 W New En land Ave.,Suite 250,Winter Park,FL 32789 being the highest bidder and having paid the sum of his bid as required by the Laws of Florida. Now this, &th day of November , 2013 the County of Monroe,State of Florida,in consideration of the sum of{S 11,940.46 ) ELEVEN THOUSAND NINE HUNDRED FORTY DOLLARS AND FORTY-SIX CENTS being the amount paid pursuant to the Laws of Florida does hereby sell the following lands situated in the County and State and described as follows: BK 3 LT 16 THE LADIES ACRE IsT ADDN P135-102 LITTLE TORCH KEY OR556-756 OR1023- 1047R/S OR1383-230/32Q/C OR1390-2420/37F/J ORI532-2277 OR1789-843Q/C ORI932-497/98 g OW NIh ;N ...47 Clerk rcuit Court or,County Co onroe Co on W'' ess. �. �1 ----' , ---�-- 'CGiiAEi`l, ' STATE OF FLORIDA COUNTY OF MONROE On this T h I day of November , 2013 ,before me l 4 Fe r r!a n de x- �,personally appeared Amy Heavilin Clerk of the Circuit Court or County Comptroller in and for the State and this County known to me to be the person described in,and who executed the foregoing instrument,and acknowledged the execution of this instrument to be his own free act and deed for the use and purposes therein mentioned.. Witness my hand and official seal date aforesaid. VRU1FEANANeEz MONROE COUNTY a 414 MYCOWASSICNIFF0950 OFFICIAL. RECORDS BMW EVIL:Jury 16,2MI rw**1kLW00 m Detail by Entity Name Pagel of 3 r, Det ail by Entity Name Florida Limited Liability Company MAGNOLIA FLORIDA, LLC Filing Information Document Number L07000064364 FEIIEIN Number 260640315 Date Filed 06/19/2007 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 06/13/2013 Event Effective Date NONE Principal Address 558 W. New England Ave Suite 250 Winter Park, FL 32789 Changed: 04/01/2014 Mailing Address 558 W. New England Ave Suite 250 Winter Park, FL 32789 Changed: 04/01/2014 Registered Agent Name&Address AMERICAN REALTY DEVELOPMENT, LLC 558 W. New England Ave Suite 250 Winter Park, FL 32789 Name Changed: 05/27/2008 Address Changed: 04/01/2014 Authorized Personjs)Detail Name &Address http://search.sun biz.org/Inquiry/CorporationSearch/SearchResultDetai I/EntityName/flat-107000064364-tsl0a7f4a-c90e-4ec7-8be2-... 8/4/2014 Detail by Entity Name Page 2 of 3 Title MGR LAW, PATR f C K E 100 S. Virginia Ave. Unit 408 Winter Park, FL 32789 Title MGR CIRILLO, ERIAN 558 W. New England Ave Suite 250 Winter Park, FL 32789 Title MGR OLIVER, MICHAEL 558 W. New England Ave Suite 250 Winter Park, FL 32789 Title MGR RIGHTER, RAINER 658 W. New England Ave Suite 250 Winter Park, FL 32789 Annual Reports Report Year Filed [late 2012 02/28/2012 2013 04/18/2013 2014 04/01/20,14 Document Imaaes 04/01/2014 --ANNUAL REPORT view image in PDF format 04/18/2013 ANNUAL REPORT Fvieww image in PDF format 02/28/2012 —ANNUAL REPORT View image in PDF format 04108/2011 —ANNUAL REPORT [-view image in PDF format 01/05/2010 —ANNUAL REPORT view image in PDF format 07/24/2009 --ADDRESS CHANGE I Mew image in PDF format 01/16/2009--ANNUAL REPORT [-View image in PDF format 05/27/2008 ANNUAL REPORT view image in PDF format 06/19/2007 — Florida Limited Liabilily I View image in PDF format littp:Itscarch.sunbiz.org/Inquiry/CorporationSearchJSearchResultDetaiVEntityNamelfial-107000064364-f90a7f4a-c90e-4ec7-Sbe2-... 8/412G l4 Statutes& Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2013 v Go The 2013 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.552 Tax deeds.—All tax deeds shall be issued in the name of a county and shalt be signed by the clerk of the county. The deed shall be witnessed by two witnesses, the official seal shall be attached thereto, and the deed shall be acknowledged or proven as other deeds. Except as specifically ni the issuance of a Hen of reco eld by a municipal ty go emmenta un-i g W, e tax deed exc t aat a _ t special district, rove m s� ter, no .� . tint � o� un_ P restriction, or ere r communityor development � , . disbursement of proceeds of s of s. 197, 82 sh such hen 1s no satisfied as of the.� suance of a tax deed. The sate under the rovision district, whencharges by the crerk shalt be as rovided in s. 28.24�eds issued to a pur.. P chaser of land for delinquent taxes shall be in the form prescribed by the department. All deeds issued pursuant to this section shall be prima facie evidence of the regularity of all proceedings from the valuation of the lands to the issuance of the deed, inclusive. History.—s. 1,ch.72-268;s.21,ch.73-332;s. 1,ch.79-334;s. 192,ch.85-342;s. 14,ch.2002-18. Note.—Former s. 197.271. Copyright®1995-2014 The Florida Legislature • Privacy Statement• Contact Us e 6tt"-//13n1n71 rPrt etata+1 iic/etat»tac/inriPv rfm9Anr% mnr1P=rlicn1av CtafiitPkRParrh Ctrino= 7/l S nol4 �d rdnrrti dYP��✓�ru//� a✓.«k ✓ash,��'x��R �,/,SG.,,�/lk r✓r�4i�r,,,,� ..e„ _ File Ede Details UnkS Help Case Information Case Number ICE0312NO3 Ongurabon 4-CDF RE IOM=40MMW Board ISM-SPECIAL MAGISTRATE ! Address 28213 HELEN AVE Total Fines 17 120000000 �Ordinance O/30 Ordered Comply Fine Start Daily Fine SsttleArnount PardArnount 5.5-309(a) /2008 �07I21/Zfl05 :07;�22j2005 100.001100 0.00� p.00 9.5-309(g) u0$/30/2005 �07121fz' M +07/22f20(1S "00.{10400 0.00, 0.00' Fine Details Suspended Days Ordinance Code 9.5-281 f" Conbnuous Date Ordered 06/30MS�:3 Comply By 107121rM 1011M-6 h2J15/2006 Fine Start J07f2WM Dady Fine 100.00000 10/17/2013 Number of Days —2952 Suspended Days w Current Fine 295200.00 Complied Date I Settle Amount 0 00 Settle Date —� AmountPaid 000 Data Paid 1 , Z—U (+ ruJut , k 1 f ��u H .A. O Oa W , K) N W �> 4 m m ,��a X rn m z M i�dara� Yd �4 Yi 1Y a iv a / rk�( �� YJb ✓�d pl rl V � a a r m% ^7 h✓ i U I f{ u a b 6 � �i JL m ..... O zOD it FGA,: m � Im— G) m rf,f�,r,3 4 ;I] � t i I M r ° nr i nAGN�rUrl�!�'l�'raG7Yu� �,A �or�'�Yi�r�>vrr�rrur�w �.� r rlow ✓�ni r, r�,i��v 1{ �III f I ul i fi � rr�r r OD 0 a1 0 ��ryryryry 4F/ f� r m m e f� .) m � k5,... m Z A r � ar y; s w r iv l , e° 9 u r�I r ° Nll r r r E 5. Y f 1 f 11 i i I OO �. m ._ O WJ z W r jE,r � �r' � N�JI✓llo�i��a��/%/J/��r� U N N `" �� ' %�� Alr�„ri„�,�a�✓1xGY��I c A,,,, i �lhr++�,�'�'!wl� r G) rn m z i0 � ;air „„�„„a✓r „„�,��,,,e,,,,, .a, ��. � ., mM jai, i r� r l r tu } a b � Lr I t as AV rr a " 'q J co m 0 00 co Z, AAA I UVY I s a � u r � e�m , � 1 V I+ r I P, I w N- y. L N NQ ZOOti A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, SKI TING A MINUJUM PERCENTAGE THAT VML BE ACCFJYM TO,SXTTLZ FINES AND COSTS IldPOSED IN CODE ENFORC CASES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. Section 162.09(1),Florida Statutes,and Monroe County Code Section 6.3-7 gives the special master appointed to hear Code Enforcement cases the authority to impose fines after a finding than the property owner has violated the Monroe County Code and that the property owner thereafter has not corrected the violation(s);and under Section 162.09(3),Florida Statutes,and Monroe County Code Section 6.3-5, if the County prevails in prosecuting a case before the special master,the County is also entitled to recover all costs incurred in prosecuting the case;and 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 Clergy and WTIERRAS,thereafter,the County has the authority to initiate litigation for foreclosure:of the lien or for a money judgment;and in the alternative,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 deem mutually acceptable, in order to resolve the matter short of litigation;and WHEREAS,the average cost of invesu ting and prosecuting a Code Enfascenment case is at least$1,101,43,and the Code Enforcement Department projects that 1,200 cases will be brought before the special master in the current fiscal year,for a total projected cost of approximately$1.2 million;and WHEREAS,it is appropriate to defray the majority if not all of the cost through the collection of fines and costs from the actual property owners cited for the violations;and it is advantageous for the County not to mitigate the fines and costs by a significant amount at time of settlement.so that the fines and costs will serve as a deterrent to other property owners not to violate the Monroe County Code,or so that the imposed fines and costs will act as an incentive for the property owners found to have violated the Code to connect the Code violations as d;nicidy as possible. NOW,THEREFORE,HE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: Section 1, It is hembv declared to be the policy of the County that the County will accept a minimum oftweuj:Ave peeccent(Z5%)of accrued fines and costs in settlement of Code Euformmaxit cases after said fines and costs have beta imposed by the special master.The County will not settle any fines or costs prior to compliance. Section 2. Any resolutions concerning the policy of the County with respect to the percentage of fines and costs to be accepted in settlement of Code Enforcement cases after said fines and 1 costs have been imposed by the Spatial Magistrate are hereby repealed and any contrary provisions of the Monroe County Code are hereby repealed. Section 3. This resolution shall take effect on May 21 ,2008. Section 4. The Clerk of the Court is hereby directed to forward one(1)certified copy of this Resolution to the Division of Growth Management. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida, at a regular meeting of said board held on the_7 of May,2008. Mayor Mario DiGennaro,_pistrict 4 yes Commissioner Dixie Spehar,District 1 Yee 1,, O Commissioner George Neugent,District 2 Yes onerMaries "Sonny" McCoy, Diat.3 Yea inner Sylvia Murphy,District 5 y$ SAGE,Clerk BOARD OF COUNTY COMMISSIONERS OF Bye MONR E COUNTY A Deputy crlc By. /��Q� Mayor Mario DiGennaro MONROE COUNTY ATTORNEY A =- 'ROV S TO� ^R NN NTTTO NESIU- AS COUNTY ATTORNEY Oats_ a. . a d 2 71ds hdrument Prepared by. lase Gres W E". Aaaeistent County Attamcy 1111 12"SCteet,Suite 403 Key Went FL 33040 PQPtI'UI Release of Lien MONROE COUNTY,FLORIDA, ) Petitioner, ) ) VS. ) CASE NO.CE03120083 ) CHRISTOPHER CONN and ) LAURIE CO,NN ) Respondent(s). ) TO WHOM fT MAY CONCERN: This is to certify that MONROE COUNTY,a political subdivision of the State of Florida,the owner and holder of the Lien for non-payment of fines/liens referenced in the ORDERILIEN previously recorded in the Official Records of Monroe County on April 29, 2006 at Document 1578568, Book 2204, Page 1110; and on February 25, 2014 at Document 1970105, Book 2672,Page H 13,securing said lien upon the property situated in said State and County described as follows,to-wit: Lot 16,Block 3, FIRST ADDITION OF THE LADIES ACRE SUBDIVISION,according to the Plat thereof, as recorded in Plat Book 5,at Page 102,of the Public Records of Monroe County,Florida. More commonly referred to as: 28213 Helen Avenue, Little Torch Key,Monroe County,Florida;Parcel ID Number 00223240-000000„hereby directs the Clerk of Said Circuit Court to record this partial release of lien in the official records of Monroe County, Florida. This release is a limited release of the afore-described property only and does not operate to release the Code Enforcement lien from any property other than described herein. (The County's Partial Release is effective only as to the Released Property described above. The ORDERILIEN, previously recorded in the Official.Records of Monroe County on April 28, 2006 at Document 1578568, Book 2204, Page 1110; and on February 25, 2014 at Document 1970105, Book 2672, Page 1113, against any other of the real and personal properties owned by CHRISTOPHER CONN and LAURIE CONN remains in full force and effect,is in no way affected by this PARTIAL RELEASE and serves as no liability against any future fines/costs which may accrue in Monroe County Code Enforcement Cases.) Witness my hand and seal this day of 2014, at Key West, Monroe County, Florida. Monroe County Attorney's Office Attorneys for Petitioner 1111126 Street,Suite 408 Key West FL 33040 by: Lisa Granger Assistant County Attorney State of Florida County of Monroe I HEREBY CERTIFY that on this day,before me, an agent duly authorized to take acknowledgments and administer oaths, in the State and County aforesaid, personally appeared Lisa Granger, Assistant County Attorney for Monroe County, Florida,who is personally known to me. "WITNESS my hand and official seal at the County and State aforesaid,this day of .2014. Notary Public—State of Florida MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner VS. Respondent(s) Name and Address In the matter of: 00240-000 Case: C012003 AGREEMENT AND AFFIDAVIT OF NEW PURCHASERTO STAY FINES AND ENLARGE COMPLIALCE "Respondent(s)") named above and Monroe County Code Compliance ("Petitioner'"), hereby declare under oath the following: 1) The Respondent(s) are the purchasers of the property commonly known as 28213 HELEN AVE, LITTLE TORCH KEY, MONROE COUNTY, FLORIDA. 2) The Respondent(s) acknowledge that the violation(s) of the Monroe County Code(s) outlined below and in the prior Notice of Violation/Notice of Hearing charged in this matter are accurate and supported by substantial evidence. 3) The Respondent(s) understand and agree to waive the right to contest the following violations: To-Wit: 110-140.(1)- BUILDING PERMIT REQ/CH 6 PERMIT(S), APPROVAL(S)AND INSPECTION(S)ARE REQUIRED FOR THE FENCE, DECKS, POOL, STUCCO, WINDOWS, AND DOORS; AND MUST MEET CODE STANDARDS REQUIRED FOR MOBILE HOMES. NEW BUYER AFFIDAVIT CONN MAGNOLIA TC 2 REO.LLC docx Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 114-20.(1) - FENCES/HEIGHT SIX FEET FENCE HEIGHT OVER ALLOWED HEIGHT AT FRONT SETBACK Corrective Action Required: Reduce fence height to permitted height as provided by Monroe County Code. Permits and/or final inspections will be required for the reduction in height of this fence. Final inspections will be required. 114-20.(7)- FENCES/PERMIT REQUIRED PERMIT(S), APPROVAL(S) AND INSPECTION(S) REQUIRED FOR FENCE. Corrective Action Required: Contact the Monroe County Building Department to obtain an After the Fact permit for a fence or remove as directed. ALL PERMITS MUST PASS A FINAL INSPECTION. 122-4.(b)(1)d - PERMIT CONDITIONS/FLOOD HAZARD MOBILE HOME MAY NOT BE ALTERED WITHOUT FULL COMPLIANCE WITH THE CODE: See. 122-2(a) Except as provided for the elevated portion of a nonconforming residential structure by section 122-4(a)(1 0), no structure or manufactured home hereafter shall be located, extended, converted or structurally altered, and no development shall occur, without full compliance with the terms of this chapter in addition to other applicable regulations, including, but not limited to, 44 CFR 60.3(a)(2). Corrective Action Required: Contact the Monroe County Building Department and the Monroe County Floodplain Manager to obtain either an after-the-fact permit or to obtain a demolition permit and remove as instructed. BUILDING PERMITS, APPROVALS, INSPECTIONS AND/OR FINAL INSPECTIONS MAY ALSO BE REQUIRED. FLOODPLAIN MANAGEMENT OFFICE (305)289-2866. NEW BUYER AFFIDAVIT CONN MAGNOLIA TC 2 REO.LL.C.docx 122-4.(b)(3)a 1 2 - RESIDENTIAL ACCESSORY STRUCTURES ACCESSORY STRUCTURE (SHED) MAY ONLY BE USED FOR LIMITED STORAGE. Corrective Action Required: CONTACT THE FLOODPLAIN OFFICE FOR DIRECTION TO OBTAIN A PERMIT FOR THE STRUCTURE AND/OR ASSOCIATED COMPONENTS AS DESCRIBED OR REMOVE AS DIRECTED.. ALL PERMITS REQUIRE A PASSING FINAL INSPECTION. FLOODPLAIN OFFICE (305)289-2866 130-186. - MINIMUM YARDS/SET BACKS SIDE YARD AND REAR YARD SETBACK REQUIREMENTS HAVE NOT BEEN ADHERED TO. Corrective Action Required: Contact the Monroe County Planning Department and obtain a variance (if applicable) or remove as directed. 4) The Respondent(s) understand and acknowledge that the fines will be stayed from the date the Respondent(s) are entitled to possession of the property until the new compliance date specified in paragraph 5. 5) The property will be checked for compliance on TBD (New compliance date). 6) The parties understand that a fine of 1600.00 per day shall accrue daily if the property is, not brought into compliance within the time specified in paragraph 5. 7) The Respondent(s) understands that if the Respondents(s) fails to comply within the time given, the fine(s) shall accrue each day the violation(s) remain as follows: 110-140(1) 100.00 per day 114-20(1) 100.00 per day 114-20(7) 100.00 per day 122-4(b)(1)d 100.00 per day 122-4(b)(3)(a)1 100.00 per day 130-186 100.00 per day 8) The Respondent(s)waive the right to appeal any finding of violation or order that he or she would otherwise have under Section 162A 1, Florida Statutes. NEW BUYER AFFIDAVrr CONN MAGNOLIA TC 2 REO,LLC.doex 3 9) The Respondent(s) agree to pay to the Petitioner all costs incurred (after date of possession) in prosecuting their case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). 10) The Respondent(s) specifically agrees that this Agreement may be recorded in the public records of the County and if recorded shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violation(s) of Monroe County Code as stated in paragraph 3 exist. This Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 5. 11) Respondent(s) agrees and represents that Respondent(s) entered into this Agreement of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. NEW BUYER AFFIDAVrr CONN MAGNOLIA TC 2 REO.LLC.docx . By signing this Agreement, both parties represent that they have the authority to enter into this agreement and further, that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. I I Signature of Respondent(s)I Date Signature of Respondent(s)I Date Print Name Print Name STATE OF STATE OF COUNTY OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME, the undersigned authority, undersigned authority, who,after who, after first being sworn by me, affixed his/her signature first being sworn by me, affixed his/her signature (name of individual signing)in the space provided (name of individual signing) in the space provided above on this day of 20 above on this day of 20 NOTARY PUBLIC NOTARY PUBLIC My commission expires 20_: My commission expires 20_: Signature of Petitioner(County)/Date Print Name STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after Hirst being sworn by me, affixed his/her signature (name of individual signing)in the space provided above on this day of 20_ NOTARY PUBLIC My commission expires 20_. NEW BUYER AFFIDAVrr CONN MAGNOLIA TC 2 REO,LLC.docx 5