Item Q4 Q.4
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.���` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: Q.4
Agenda Item Summary #7240
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against DANIEL J. SHEARER
& PATRICIA A. NORRIS-SHEARER and their property, 27985 Tarpon Terrace, Little Torch Key,
Florida, to seek compliance with the County Code and enforce the lien(s) arising from code
compliance case number CE18030037.
ITEM BACKGROUND:
CE18030037: This property has been the subject of a code compliance case for failure to obtain
required after the fact building permit(s)to demolish mobile home (post-Irma), along with associated
utilities. The fines total $46,900.00 as of August 13, 2020 and will continue to accrue at$100.00 per
day, until compliance is achieved.
A hearing was scheduled for February 28, 2019 and property owners were not present. The Special
Magistrate found the property in violation and ordered a compliance date of May 1, 2019. The
County's lien was recorded on May 9, 2019. A subsequent hearing was held on July 30, 2020 and
the property owners were not present. The Special Magistrate found the property remained in
violation and granted the County's motion to proceed with collections. The code case remains open
for non-compliance and failure to pay outstanding fines and costs.
The property is not homestead and there are no pending foreclosure actions at this time. The
Monroe County Property Appraiser's just market value for this property is $82,290. A balloon
mortgage of$34,380 matured on November 21, 1994 and is recorded against this property. There is
no satisfaction recorded nor any foreclosure filed regarding the mortgage. No additional liens are
recorded against the property.
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
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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:
Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as
Procedure to be used after a Final Order has been rendered by the Code Compliance Special
Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money
judgment actions for collection of unpaid fines and/or costs from a property owner.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: APPROVAL
DOCUMENTATION:
Resolution 057-2014 LIEN PROCESS
AIS SUPPORT DOC CE18030037
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: YES
Source of Funds: BUDGETED
CPI:
Indirect Costs: 2500.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
09/16/20 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
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REVIEWED BY:
Cynthia McPherson Completed 08/21/2020 11:32 AM
Paunece Scull Completed 08/28/2020 12:28 PM
Bob Shillinger Completed 08/28/2020 12:49 PM
Assistant County Administrator Christine Hurley Completed
08/29/2020 12:09 PM
Kathy Peters Completed 08/31/2020 10:06 AM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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Summary r 7
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Parcel10 00214482004700CD
Address 27985 TARPON TER 00
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City/State/Zip LITTLE TORCH KEY FL, CJ
33040
Units 2 Map Rromornopma, LU
Owner SHEARER DANIEL J& QklS here to be taken to the GIS Web Application to view U)
PATRICIA A additional information on this property.
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NOTE:The GIS Web Application is a separate application
from MCeSearch.Any questions regarding the Web Map
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Application or its content should be directed to the GIS r
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Permits Code Cases
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Number Type Issued Status Casa Number Type Status Status Date Board CL
12-j'2068 PLUMBING-SEWER TIE-IN(ONESFR) 06-05-2019 OPEN CE20060026 PHONE CALL OPEN 06-11-2020 SM
; y15 DEMO 05-28-2019 OPEN PHONE CALL LIEN CREATED 05-09-2019 SM
?;10?-44 ELECTRIC 01-21-2003 OPEN 5+0500??.. PHONE CALL CLOSED 03-10-2018 COMPLAINT
;9102503 RIPRAP 12-23-1988 CLOSED 4=t UM CDF CLOSED 09-09-2014 COMPLAINT
^7(�'� PHONE CALL CLOSED 08-18-2012 COMPLAINT
Your privacy is important to us,for more information see our privacy policy.The services,information,and data made available at this website are provided"AS IS"without
warranties of any kind.Monroe County and its authorized agents and contractors make no representations or warranties regarding the condition or functionality of this
web site,its suitability for use,or that this web service w'11 be uninterrupted or error-free.
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BRIEF FOR DANIEL J. SHEARER AND PATRICIA A. SHEARER— CE18030037
LOTION FOR COLLECTIONS 7/30/2020
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Monica Rodriguez aQQ
Monroe County Code Enforcement
Subject Property - 27985 TARPON TER., LITTLE TORCH KEY, FL
Violation description — Building Permit Required FOR DEMO OF MOBILE HOME &
ASSOCIATED UTILITIES, INCLUDING SEPTIC
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Lien filed 5/9/2019 and remains unpaid.
• Property is NOT in compliance.
• The lien is $45,847.33 as of July 29, 2020
NOTES:
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NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed certified mail on February 24, 2020
to address on PRC, and Return receipt was signed on March 3, 2020. Continuation of
hearing for 3/26/20 and notice of future hearing for 5/28/20 mailed via U.S. mail on 3/17/20.
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Continuation of hearing for 5/28/20 and notice of future hearing for 7/30/20 mailed via U.S.
mail on 5/12/20.
County is asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Order/Lien in this case.
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Brief CE18030037 Shearer
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County of Monroe
Code Compliance Department .
2798 Overseas Highway
Marathon, Florida 3300
"CONTINUATION OF CURRENT I-IFEARING DATE AND
REMINDER NOTICE OF FUTURE ADMINISTRATIVE HEARING
Dear Property Owner/Agent:
Monroe County, Florida is continuing to take precautionary measures due to COVID- 9
(coronavirus) to protect the health, safety and welfare of the public.
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A Public Hearing will be conducted) by the Special Magistrate on JuW=30",2020=at 9:00 AM
at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon,
Florida.
You may appear in person and/or be represented by an attorney or authorized agent. If you areCD
represented by an attorney, your attorney is required to file a written notice of appearance with
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this office prior to the date of the hearing. IF YOU DECIDE TO APPEAL any decision by theco
Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made,
which shall include the testimony and evidence upon which the appeal is to be based.
If you need more information, please contact your Code Compliance inspector at the
appropriate location listed below.
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305)453-8806
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 711".
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the attached named addressee(s) by
U.S. First Class Mail on 05/12/20.
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Code Compliance Department
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MONROE COUNTY CODE COMPLIAN?E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE18030037
Property Location: 27985 TARPON TER, LITTLE TORCH KEY, FL 33040
Parcel ID: 00214482004700
DANIEL J. SHEARER & PATRICIA A. NORRIS-SHEARER
12 LONESOME PINE TRAIL
YALAHA, FL 34797-3057
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County of Monroe
Code Compliance Department
2798 Overseas Highway '
Marathon, Florida 33050
"CONTINUATION OF CURRENT HEARING DATE AND
REMINDER NOTICE OF FUTURE ADMINISTRATIVE HEARING **
Dear Property Owner/Agent:
Monroe County, Florida is taking precautionary measures due to COVID-19 (coronavirus)
to protect the health, safety and welfare of the public.
PLEASE TAKE NOTICE that your case currently scheduled for hearing on MARCH 26, "'
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2020 has been CONTINUED.
A Public Hearing will be conducted by the Special Magistrate on 05/28/2020 at 9:00 AM at
the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon,
Florida.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with
this office prior to the date of the hearing. IF YOU DECIDE TO APPEAL any decision by theCD
Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made,
which shall include the testimony and evidence upon which the appeal is to be based.
If you need more information, please contact your Code Compliance inspector at the
appropriate location listed below.
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by '
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 711".
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the attached named addressee(s) by
U.S. First Class Mail on 03/17/20.
Code Compliance Department
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)" MONROE COUNTY CODE COMPLA` `�'' E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE18030037
Property Location: 27985 TARPON TER, LITTLE TORCH KEY, FL 33040
Parcel ID: 00214482004700
DANIEL J. SHEARER & PATRICIA A. NORRIS-SHEARER
12 LONESOME PINE TRAIL
YALAHA, FL 34797-3057
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BEFORE "I CODE COMPLIANCE SPECIAL GISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE18030037
DANIEL J. & PATRICIA A. SHEARER, )
Respondent(s). )
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING co
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Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to LU
F.S. 162.09(3),to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien
in this case, which was recorded in the Official Records of Monroe County on May 9, 2019,Book 2963, Page 854 on the property that was the subject of the code compliance action described as: 27985 TARPON TER LITTLE TORCHCD
KEY, FL 33040, MONROE COUNTY, FLORIDA, RE# 00214482004700, and upon any and all other real and/orCD
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personal property you own. The current outstanding amount of the County's lien as of February 24,2020 is$30,247.33
(fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be
considered on March 26,2020 at the Marathon Government Center,2798 Overseas Highway, EOC Meeting Room at °®
9:00 a.m., Marathon, FL 33050. CL
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Steven T. Williams
Assistant County Attorney
1111 12" Street Suite 408
Key West,Florida 33040
(305)292-3470
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
I hereby certify that on this day of - ,ru a r ,2020 a copy of the foregoing was furnished to
Respondent(s)via Certified Mail, Return Receipt Request No. -1015 152 0 0003 03W8 ( 3-05 to
12 LONESOME PINE TRAIL YALAHA,FL 34797-3057.
Code Compliancoepartment
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding,please contact the County Administrator's Office,by phoning(305)2924441,between the hours of 8:30 a.m.-5:00 p.m.,no
later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call 11711 it.
Packet Pg. 3122
Monroe
County of
The Florida Keys
Code Compliance Deoartment Board of County Commissioners
2798 Overseas Highway Mayor Heather Carruthers,District 3
Marathon,Florida 33050 Mayor Pro Tern Michelle Coldiron,Dist.2
Voice:(305)289-2810 Craig Cates,District 1
FAX: (305)289-2858 David Rice,District 4
Sylvia J.Murphy,District 5
DANIEL J. arc PATRICIA A.SHEARER
12 LONESOME PINE TRAIL
YALAHA,FL 34797-3057
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February 24,2020 M
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Subject: Code Case: CE18030037
Location: 27985 TARPON TER LITTLE TORCH KEY, FL 33040
Dear Property Owners,
This letter is to inform you that Monroe County, Florida has imposed a lien(s)against your property as a result of
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code
compliance action and upon any and all other real and/or personal property you own. Co
Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
March 26,2020. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint
for foreclosure and/or money judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the property 0.
0.
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location:
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037(305)453-8806
Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case
and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until
the violations are corrected and the case is closed.
Respectfully yours,
Monica Rodrtguez
Code Compliance Research Analyst 305-289-2586
Rodriguez-monica(i_Dmonroecounty-fl.gov
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Q.4.b
ONROE COUNTY CODE COMPLIA )E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE18030037
Property Location: 27985 TARPON TER, LITTLE TORCH KEY, FL 33040
Parcel ID: 00214482004700
DANIEL J. & PATRICIA A. SHEARER
12 LONESOME PINE TRAIL
YALAHA, FL 34797-3057
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MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL
RECEIPTS
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. ) Case No.: CE18030037
DA- - L J. SHEARER & PATRICIA A. ) �'
NORRIS-SHEARER, )
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Respondent(s). )
ORDER AUTHORIZING FORECLOSURE
A Final Order 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 CID
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of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover co
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the amount of the lien plus accrued interest.
DONE AND ORDERED this ��' �` �,� �." fi':� 2020, at the Marathon
Government Center, Marathon, Florida. fi
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Jo an ingham
Special Magistrate
CERTIFICATE OF ORDER
I hereby certify that this�s a true and correct copy of the above Order.
Nicole M. Petrick, Liaison
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via
hand delivery/first class U.S. mail to Respondent(s) address of record w/the Monroe County Property
Appraiser y
Office as referenced above and/or Authorized Representative,
®.. ............._ : on this m la of , , 2020.
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Nicole M. Petrick, Liaison
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Q.4.b
MONROE COUNTY CODE COMPLI 'FE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE18030037
Property Location: 27985 TARPON TER, LITTLE TORCH KEY, FL 33040
Parcel ID: 00214482004700
DANIEL J. SHEARER & PATRICIA A. NORRIS-SHEARER
12 LONESOME PINE TRAIL
YALAHA, FL 34797-3057
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Q.4.b
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County of Monroe
Code Compliance Department
2798 Overseas Highway g ,�
Marathon, Florida 33050 .:
NOTICE OFVIOLATION/NOTICE OF HEARING
Case Number: CE18030037
To: DANIEL J SHEARER & PATRICIA A NORRIS-SHEARER
12 LONESOME PINE TRAIL
YALAHA,FL 34797-3057
Location: 27985 TARPON TER , LITTLE TORCH KEYco
Re Number: 00214482004700
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 09/23/2017 and U)
subsequently found the following violation(s) of the Monroe County Code:
110-140.(a) -BUILDING PERMIT REQ/CH 6 co
THE DEMOLITION OF THE MOBILE HOME ON THIS PARCEL,
AND THE ASSOCIATED UTILITIES, INCLUDING DEMOLTION
OF THE ON-SITE SEPTIC, REQUIRES PERMIT(S)
APPROVAL(S) AND INSPECTION(S).
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
INSPECTIONS.
�O PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate
in the above case on 02/28/2019 at 9 AM at the Monroe County Government Regional Center,2798
Overseas Hwy.,Marathon, Florida.
You can avoid attending the hearing if all violation(s) noted above are corrected by 02/15/2019
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the violation
has been corrected prior to the hearing.
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( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health,safety, and welfare or is irreparable or irreversible in nature,
therefore no compliance date has been provided. This case may be presented to the Special Magistrate
even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
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to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE EMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU
AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the U)
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
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(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
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You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5)business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
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If you agree that the violation(s)exist as alleged in this Notice, you may request a Stipulation Agreement
in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code
Inspector listed below at least five (5) business days before the date of the hearing. A request for a
Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you
contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure
that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon
which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's
Final Order.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
KATHLEEN
in sor-tcathleen@monroecounty-fl. � A
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Q.4.b
Lower Keys: 5503 College Road, Suite 204
Key West,FL 33040 (305) 295-4343
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s)by Certified Mail,
Return Receipt Request No.: 7018 0360 0002 1536 8053 on-0.) Q 8
Code e Department co
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding,please contact the County Administrator's Office,by phoning
(305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days
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prior to the scheduled meeting; if you are hearing or voice impaired, call 711PRT
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/23/17 PRELIMINARY DAMAGE ASSESSMENT
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County of Monroe
Planniue&Environmental Resources Board of County Commissioners
Department Ma-or David Rice.District 4
2798 Overseas Highway,Suite 400 �' Mayor Pro Tern Sylvia J.Murphy,District 5
Marathon,FL 33050 Danny L.Kolhage,District 1
Voice: (305)289-2500 � George Neugent,District 2
FAX: (305)289-2536 Heather Carruthers,District 3
We strive to be caring,'professional,and fair.
January 10, 2018
SHEARER DANIEL J
12 LONESOME PINE TRL
YALAHA,FL 34797
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Property location:27985 TARPON TER, LITTLE TORCH KEY 00
Property real estate parcel number: 00214482-004700
Dear Property Owner:
On September 10, Hurricane Irma damaged your structure located in a Special FIood Hazard Area (SFHA) flood
zone. When a property within a flood zone is damaged by any source, Monroe County is required to perform damage U)
estimation in accordance with the Monroe County Floodplain Management Ordinance (Chapter 122 of the Monroe
County Code). The initial estimation of the damage to your structure resulted in a determination that it sustained
substantial damage. This estimate means that the cost to repair the damage is 50 percent or more of the fair market
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value (2017 tax assessed value plus 20 percent). T.
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Substantially damaged structures are required to be brought into full compliance with floodplain regulations U
found in the Monroe County Floodplain Ordinance and the Florida Building Code. Residential structures must
be elevated to or above the base flood elevation. Non-Residential structures must be floodproofed or elevated to or
above base flood elevation.
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If you disagree with this determination,you may submit the following additional information:
1. Cost estimate for the repair of all damages sustained to your structure prepared and signed by a licensed
general contractor. Your contractor will be required to sign an affidavit indicating the cost estimate submitted
includes all damages to your structure. Please note: any additional renovations or improvements that are to be m
made to the structure while repair work is underway must be included in the contractor's estimate.
2. Uniform appraisal of the market value of your structure before the damage occurred.
If the damage was caused by flooding and if you have a flood insurance policy from the National Flood Insurance
Program, you should contact your adjuster to discuss the Increased Cost of Compliance (ICC) coverage. This
coverage may provide a claim payment to help pay for work required to bring your home into compliance. Your
adjuster can explain that the ICC claim may also be used to pay certain costs associated with demolishing and
rebuilding your home, or moving your home to a site outside of the floodplain
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Please be advised that all repairs, reconstruction, and new construction are subject the Monroe County Regulations
and the Florida Building Code and require a permit. Construction activities conducted without a proper permit may
be considered non-compliant and may result in daily fines and/or the removal of the non-compliant construction.
Prior to beginning repairs, improvements, or reconstruction, contact the Monroe County Building Department for a
permit to bring your structure into compliance the current floodplain regulations and/or Florida Building Code
requirements.
Monroe County participates in the National Flood Insurance Program. Failing to enforce floodplain requirements can
put the County in jeopardy of losing flood insurance, disaster assistance and Federal backed loans and grants for our
citizens. Thank you in advance for your cooperation and assistance at a difficult time.
Questions regarding this determination or to request a copy of the detailed substantial determination inspection
report, please contact Lori Lehr, Monroe County Floodplain Program (305) 407-6585 or via e-mail at
Floodlnfonnation@Moni•oeCounty-fl.gov.
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Sincerely,
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Rick Griffin
Senior Director/Building Official
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Lori L hr,CFM
Floodplain Program
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EXHIBIT
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County of Monroe
a hLgwartnLenf Board ofCou Ca "1doners
2798 Overseas Highway � ;Way David Rice,District 1
Suite 300 �kfr �� ,Mayor Pro Tem Sylvia J.h9urpl{v District 5
,4farathon,FL 33050 _ g' x " Danny L.ltiothage,District 1
305-189-2501 Office George Neugent,District 2
305-289.2515 Fax f Heather Carruthers,District 3
e strive to be caringprofasional,and fair.
To: Daniel Shearer
..2 Lonesome Pine Trail
Yalaha, FL 34797
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Pro®e : 27985 Tarpon Terrace
Little Torch e , FL
From: Rick Griffin, Building Official
Date: July 12, 2018 U)
Code CaseC 1803003 7
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v ou i violation of Monroe Co Code Sections 6-27(b) l ( es ire ratectio 6�27
(b)2(a)Falling .way IA Loa , 27 (b)2( ) Deterioration of Structure,6-2 ( )2(c)Partially
destroyed,6-27 (b) 2( ) Sagging/Out of l i , m2 ( )2(e) lee ®cal l bin . ec is ® 6-27 0.
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(b)2( Unsanitary/No facilities! to Disposal and 6-27(b)2(g)No Potable Water/Electric Service.
PURSUANT
COMPLY WITH THIS DIRECTIVE
e advised a the Building Officialis authorized to prosecute y violation of this order by requesting
that legal counsel of the jurisdiction, or the Office of the State's Attorney, institute the appropriate
proceeding at law.
o resolve this Code Violation you must obtain the necessary. permits to cover the required work to
correct the vlolatia ® if alteration of the existing building layout increasing or decreasing the floor area,
structural repairs or alterations, installation of new windows or doors, new electrical,plumbing or
mechanical is plann4 a design professional st furnish the building department with plans far
iz�xatnination of the alterations.
PETMONEF
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Please contact Rey Ortiz, Assistant Building Official within 30 days at 305-453-8814o date of
this letter for permitting information and procedures. Failure to comply with thisdirective will begin
Code Enforcement c io which y include legal hearingto and including county litio o
your structure with a I-len placedon the property.
Rick Griffin
Monroe County BuildingOfficial
5-2 - 51
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County of Monroe
Buildin¢Department - Board of County Commissioners
2798 Overseas Highway `' Mayor David Rice,District 4
Suite#300 Mayor Pro Tern Sylvia J.Murphy,District 5
Marathon,FL 33050 _ Danny L.Kolhage,District 1
305-289-2501—Office K e George Neugent,District 2
305-289-2515—Fax fi' Heather Carruthers,District 3
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We strive to be caring,professional,and fair.
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November 9, 2018 co
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Daniel Shearer
12 Lonesome Pine TO
Yalaha, FL 34797
RE: Property Location/Address: 27985 Tarpon Ter, Little Torch Key
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Owner(s) Name: Daniel Shearer CD
Property Appraisers Legal Description: BK 4, LT 18 Coral Shores Estates Mobile Homes Section 2 `D
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PB6-81
Real Estate (RE) Number: 00214482-004700
To Whom It May Concern:
Upon inspection, the structure at the above cited location has been determined to be uninhabitable,
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unsafe and non-homesteaded pursuant to§6-27 of the Monroe County Code, and is subject to the Monroe
County Code Compliance Unsafe, Unoccupied, and Non-Homestead, Uninhabitable Structure Removal
Procedure authorized by the Board of County Commissioners on June 15, 2011. The following violations Ln
have been observed pursuant to MCC §6-27(1) and (2):
(1) A building shall be deemed a fire hazard and/or unsafe when:
b. The building condition creates hazards with respect to means of egress and fire
protection.
(2) A building, or part thereof, shall be deemed unsafe by the building official or his/her
authorized designee if:
a. There is a falling away, hanging loose or loosening of any siding, block, brick, or other
building material; or
b. There is a deterioration of the structure or structural parts' or
c. The building is partially destroyed; or
Packet Pg. 3139
Q.4.b
d. There is an unusual sagging or leaning out of plumb of the building or any parts of the
building and such effect is caused by deterioration or over-stressing; or
e. The electrical, plumbing or mechanical installations or systems create a hazardous
condition contrary to the standards of the Florida Building Code and the National Electric
Code; or
f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary
facilities or waste disposal systems; or
g. There is no potable water service or electrical service.
This Structure(s) shall not be occupied or entered unless by authorized agents of the owner for
compliance purposes only. Compliance can be achieved by demolishing the structure(s) immediately. iz
Failure to comply within 30 (thirty) days of the date of this notice will result in the structure(s) "'
being subject to demolition by the County. If you have questions about the structure of violations
contact the Building Department at 305.463.8816. co
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If you do not demolish the structure(s) and if you do not appeal this decision of the Building Official then
the County may seek legal remedies through the Court to allow the County to demolish the structure(s). Lu
The County may also seek reimbursement of costs incurred by the County for the prosecution and the
demolition. Additionally, you may be subject to the imposition of fines and or other penalties. The LT
imposition of fines, and or other penalties may result in a lien against you and any property that you may U)
own.
YOU MAY APPEAL THIS DECISION WITHIN 30 (THIRTY) DAYS OF THE DATE OF THIS ORDER
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In order to appeal, you must complete and submit the written notice of appeal (attached) to the Monroe
County Building Department within 30 (thirty) days of the date of this order accompanied by the
nonrefundable fee. The notice of appeal shall not be deemed complete without payment of the required
fees. Complete appeal forms should be submitted to:
Monroe County Building Official-Board of Adjustment and Appeals
Attn: Michelle Yzenas
2798 Overseas Highway, Suite 300
Marathon, Florida 33050
Re
Rick Griffin, CBO CFM
Monroe County Building Official
CERTIFICATE OF SERVICE
I hereby certify that this notice has been furnished to above named addresses(s) by Certified Mail,
Return Receipt Request No. _0:S6 n 0tiic.4 g 3 ? 1- on I )/9 //S
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/18- CE18030037 — Notice PostedE ' 'Y
EXHI IT
27985 Tarpon r -Little
photo by Rey Ortiz Packet Pg. 3141
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BEFORE TH NTY CODE COMPLIANCE SPECIAL M ISTRATE
MONROE COUNTY, FLORIDA
Doc# 2219296 05/09/2019 10:32AM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
MONROE COUNTY FLORIDA, DocN 2219296
Petitioner, BkN 2963 PgN 854
Vs.
DANIEL J SHEARER&PATRICIA A NORRIS-SHEARER Case No.: CE18030037
Respondent(s). Subject Property Real Estate Number: 00214482-004700
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:
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The Res ondent(s)and/or Authoriz resentative
were! present and did 1 id no contest the violation(s)set forth in the Notice of Violation/Notice 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.
( V1 The Respondent(s) is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing W
served upon the Respondent(s}. N.
( ) ONE-TIME FINE-The violation(s) is found to be irreparable or irreversible and a one-time fine of$ CD
is ORDERED, payable within days of this Order.
COSTS-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 until 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
.� / . ("THE COMPLIANCE DATE').
( � In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s) in the dollar amount: CL
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110.140.(a) $/d0. DD
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
hereby ORDERED.
(✓ ) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondent(s)shall pay the total amount of cost and/or fines($ )to
Monroe County Code Compliance within thirty(30)days of this Order.
( ) Other:
Pagel
Packet Pg. 3142
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In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on which thhe violation or violations exist and upon any other real of
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 udgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mV to: Monroe County Code Compliance,Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330
Marathon, FL 33050.
IT IS THE RESPONDENT(§J RESPONSIBILITY TO REQUEST A_REINSPECTION TO DETERMINE WHETHER THE PROPERTY IE
COMPLIANT CALLING CODE MPLIA AT 305 8806 FOR THE UPPER5 289.28 0 FOR T E M D E
KEYS: (305)292.4495 FOR THMOWER KEYS.
DATED this day of
DacN 2219296
Bka 2963 P9a 855
n G. Laningham, Special Magistrate
APPEAL PROCEDURES
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order b)
filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAID
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 THI;
ORDER.
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
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Nicole M. Petrick, Liaison
CASE NUMBER: CE18030037
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Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
DANIEL J SHEARER& PATRICIA A NORRIS-SHEARER
12 LONESOME PINE TRAIL
YALAHA, FL 34797-3057
Location of subject property:
27985 TARPON TER
LITTLE TORCH KEY, FL 33040
Real Estate Number: 00214482-004700
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 /fir:
class U.S. mail to Respondent(s) address of record wi h the Monroe County Property Appraiser's Office as reference
above, and/or Authorized RepresentativeAl on this S7- day c
20/?_.
Nicole627 ���
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M. Petrick, Liaison OFFICE RECO
OFFICIALL RECORDS
Page 2
Packet Pg. 3143
CountyMonroe
The l lorida Keys
Code Compliance Department Board of County Commissioners
2798 Overseas Highway _ Mayor Sylvia J.Murphy,District 5
Marathon,Florida 33050 I 1 Mayor Pro Tern Danny L.Kolhage,District 1
Voice:(305)289-2810 Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers,District 3
��. David Rice,District 4
DANIEL J SHEARER& PATRICIA A NORRIS-SHEARER
12 LONESOME PINE TRAIL
YALAHA,FL 34797-3057
May 10, 2019
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Subject: Code Case CE18030037
Property Location: 27985 TARPON TER,LITTLE TORCH KEY, FL 33040
Real Estate No.: 00214482004700
Dear Property Owner(s),
This letter is to inform you that our records indicate that the violation(s)remain on your property and the fines will
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continue to run in the amount of$100.00 per day until the property comes into compliance. CD
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Additionally,a lien against your property was recorded in the Official Records of Monroe County on May 9,2019, Book r-
2963, Page 854. The current amount of the County's lien is $1,110.93 (fines and costs) which continue to accrue and
increase until the case is compliant and closed.
This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real
and/or personal property you own. CL
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You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe County
Code Compliance Department;Attention:Nicole Petrick;2798 Overseas Highway,Suite 330;Marathon,Florida 33050.
The County will then provide a Release and Satisfaction of Lien to you.
If you have achieved compliance, please contact your Code Inspector at the appropriate location.
Middle Keys: 2798 Overseas Highway, Suite 330, Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway, Key Largo, FL 33037 (305)453-8806
Respectfully yours,icole Pek �5�
Special Magistrate Liaison
(305)289-2509
Petrie k-Nicole,umonroecoun 4l.goN
Packet Pg. 3144
i Q.4.b
3 County of Monroe
The Florida Keys
Code Compliance Department Board of County Commissioners
2798 Overseas Highway ' Mayor Sylvia J.Murphy,District 5
Marathon,Florida 33050 Mayor Pro Tern Danny L.Kolhage,District 1
Voice:(305)289-2810 $ - Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers,District 3
•+`� David Rice,District 4
DANIEL 3 &PATRICIA A SHEARER
12 LONESOME PINE TRAIL
YALAHA FL 34797-3057
CD
Aug 23, 2019
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Subject: Code Case: CE18030037
Location: 27985 TARPON TER LITTLE TORCH KEY
Dear Property Owners,
The purpose of this letter is to inform you that Monroe County,Florida has imposed a lien against your property as U)
a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of P.
the code compliance action and upon any and all other real and/or personal property you own. CD
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Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the
fines continue to accrue in the amount of$100.00 per day until the property comes into compliance. A daily fine
of$ 100.00 per day has currently accrued for 113 days for a current total of$11,300.00. c,
Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special e®
Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and
those costs are included in the lien authorized under F.S. §162.09(3). To date, these costs are $310.93 and costs0.
will continue to accrue until the violations are corrected and the case is closed.
Therefore, the current amount of the Monroe County lien is $11,610.93 and fines and costs will continue to accrue
until compliance is achieved and payment is received.
Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County
Attorney's Office for further action.
Respectfully yours,
WINDSOR, KATHLEEN
Packet Pg. 3145
8/12/2020 gPublic.net-Monroe County,FL-Report:00214482-004700
aqPublicnet' Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose offulfilling its
responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The Monroe County Property
Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise data provided regarding one tax year may not be
applicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad
valorem tax purposes only and should not be relied on for any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00214482-004700 a
Account# 1280755
Property ID 1280755
MIIIageGroup 1001-1
Location 27985 TARPON Ter,LITTLE TORCH KEY
Address �
Legal BK 4 IT IS CORAL SHORES ESTATES MOBI LE HOMES SECTION 2 LITTLE TORCH KEY P86-81 OR53D-689 h,
Description OR566-92/93OR626-490/91OR923-261OR1071-549OR1215-426OR1455-1955/56C
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(Note:Not to be used an legal dxuments_j m �
Neighborhood 689 y
Property VACANT RES(0000)
Class CD
Subdivision CORAL SHORES EST MO B I LE HOM E SEC 2
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SedTwp/Rng 20/66/29 As , 00
Affordable No
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Housing ," t u�vu i ; f��eF: �x3LIJ
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Owner
SHEARER DANIELJ NORRIS-SHEARER PATRICIAA
12 Lonesome Pine Trl 12 Lonesome PlneTrl
Yalaha FL 34797 Yalaha FL 34797
Valuation
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2019 2018 2017 2016 CD
+ Market Improvement Value $0 $0 $13,700 $14,372 CD
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+ MarketMlscValue $S,099 $4,542 $4,683 $4,238 0
+ Market Land Value $73,175 $70,038 $81,537 $78,766 LIJ
Just Market Value $78,274 $74,580 $99,920 $97,376
Total Assessed Value $78,274 $74,S80 $90,223 $82,021
School Exempt Value $0 $0 $0 $0
School Taxable Value $78,274 $74,580 $99,920 $97,376
Land
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Land Use NumberofUnits Unit Type Frontage Depth CL
RES MH PLUG CANAL PERMITTED(02PCP) 4.140.00 Square Foot 0 0
Yard Items
Description Year Built Roll Year Quantity Units Grade ¢
1985 1986 1 296 1 0)
1989 1990 1 200 1
_ 1985 1986 1 18 3
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1991 1992 1 80 1
1991 1992 1 24 2
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
5/1/1992 $38,500 Warranty Deed 1215 426 Q-Qualified Improved
Permits
Number: Date Issued 0 Date Completed : Amount: Penn@Type 0 Notes
88.2503 12/1/1988 11/1/1989 $7.500 RIPRAP
A12844 2/1/1985 11/1/1986 $500 MOBILEHOMESETUP
View Tax Info
Vi-�w Texes for the s Parcel
Photos
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DANISE D. HENRIQUEZ C.F.C. 2019 Paid Real Estate
MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS ' Q•4•b
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1260755 100H 1280755 � c
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SHEARER DANIEL J d�
00214482004700206629
NORRIS-SHEARER PATRICIA A 27985 TARPON Ter N
12 Lonesome Pine Tilt _
Yalaha,FL 34797-3057 BK 4 LT 18 CORAL SHORES ESTATES MOBILE at
HOMES SECTION 2 LITTLE TORCH KEY PB6-81 n m
OR530-689 OR566-92/9 m W
SCHOOL STATE LAW 305-293-1400 1.5550 78,274 0 78,274 121.72
SCHOOL LOCAL BOARD 305-293-1400 1.7880 78,274 0 78,274 139.95
GENERAL FUND 305-292-4473 0.7697 78,274 0 78,274 60.25
F&F LAW ENFORCE JAIL 305-292-7017 1.7747 78,274 0 78,274 138.91
HEALTH CLINIC 305-296-4886 0.0437 78,274 0 78,274 3.42 s
GENERAL PURPOSE 305-292.4473 0.1725 78,274 0 78,274 13.50 y
MOSQUITO CONTROL 305-292-7190 0.4508 78,274 0 78,274 35.29 Z M C LOCAL ROAD PATROL 305-292-7017 0.3484 78,274 0 78,274 27.27 � h_
SFWM DIST 800-432-2045 0.1152 78,274 0 78,274 9.02 a p
OKEECHOBEE BASIN 800-432-2045 0.1246 78,274 0 78,274 9.75
LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 2.0792 78,274 0 78,274 162.75 Z z z CO
EVERGLADES CONST PRJT 800-432-2045 0.0397 78,274 0 78,274 3.11 c O r
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TOTAL MILLAGE 9.2615 AD VALOREM TAXES $724.94
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MO CO SOLID WASTE 305-292-4536 402.00 CD
MO CO WW:CUDJOE OUTER ISLANDS 305-289-6051 �� Ll 310.29CD
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NON-AD VALOREM ASSESSMENTS $712.29
See reverse side for OL
COMBINED TAXES AND ASSESSMENTS $1,437.23 tmportantinformatlon. OL
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If Postmarked By Dec 31,2019
Please P $0.00 IF PAID BY
DANISED. HENRIQUEZ C.F.C. 2019 Paid Real Estate
MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
MENNE E
1280755 ( 100H [ 1280755
00214482004700206629
z SHEARER DANIEL J 27985 TARPON Ter
NORRIS-SHEARER PATRICIA A
a 12 Lonesome Pine Trl BK 4 LT 18 CORAL SHORES ESTATES MOBILE
x Yalaha,FL 34797-3057 HOMES SECTION 2 LITTLE TORCH KEY PB6-81
3 OR530-689 OR566-92/9
z
o:
° CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO DANISE D.HENRIQUEZ,C.F.C.TAX COLLECTOR•P.O.BOX 1129,KEY WEST FL 33041-1129
If Postmarked By Dec 31,2019
Please Pay $0.00
Paid 12/27/2019 Recelpt# 119-19-00002566 $1,394.11
Paid By SHEARER DANIEL J
Packet Pg. 3148