Item Q3 Q.3
BOARD OF COUNTY COMMSSIONERS
County of Monroe fma Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: Q.3
Agenda Item Summary #7365
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 TJE PROPERTIES LLC
and its vacant parcel of land in the Replat Tract A Hammer Point Park, Key Largo (RE: 00480112-
000100) to seek compliance with the County Code and enforce the lien(s) arising from code
compliance case number CE17100003.
ITEM BACKGROUND:
CE17100003: This property has been the subject of a code compliance case for (a) failure to obtain
required building permit for land clearing, (b) development of parcel, including land clearing,
without full compliance with the provisions of the U.S. Fish and Wildlife Service for critical habitat
or designated potentially suitable habitat for federally listed threatened or endangered species, (c)
development of parcel, including land clearing, without full compliance with the provisions of the
Monroe County Code for minimizing environmental impacts and (d) failure to adhere by FWS
permit referral process. The fines total $54,100.00 as of September 15, 2020 and will continue to
accrue at$100.00 per day,per violation, until compliance is achieved.
A hearing was scheduled for January 31, 2019. The property owner and/or registered agent was not
present. The Special Magistrate found the property in violation and ordered a compliance date of
April 1, 2019. Violations (b), (c) and (d) all came into compliance on April 5, 2019. Violation (a)
remained non-compliant; no restoration permit was issued. The County's lien was recorded on April
5, 2019. A subsequent hearing was held on July 30, 2020 and the property owner and/or registered
agent was 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. There is a
Future Advance Mortgage on the property for $3,124,000. The Monroe County Property Appraiser
lists the market land value of this property at$456,955.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
Packet Pg.4034
Q.3
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and
writ of execution;
2. Allow the liens to remain against the property owner, the subject property and any other
property owned by the property owner; and/or
3. Reduce the amount of the fines.
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and writ of execution.
PREVIOUS RELEVANT BOCC ACTION:
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 CE17100003
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:
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Q.3
10/21/20 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 09/22/2020 8:32 AM
Paunece Scull Completed 09/25/2020 10:17 AM
Bob Shillinger Completed 10/01/2020 2:29 PM
Assistant County Administrator Christine Hurley Completed
10/02/2020 4:40 PM
Liz Yongue Completed 10/05/2020 9:47 AM
Board of County Commissioners Pending 10/21/2020 9:00 AM
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Summary
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Parcel ID 00480112000100
Address REPLAT TRACT A HAMMER
POINT PARK
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Cl /State/Zip KEY LARGO FL,33037 U)
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Units 1 Map amt6 eaPerrix
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Owner TJE PROPERTIES LLC Click here to be taken to the GIS Web Application to view
additional information on this property. CL
N The GIS Web Application is a separate application
from MCeSearch.Any questions regarding the Web Map
Application or its content should be directed to the G_S
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Permits Code Cases U
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Number Type Issued Status Case Number Type status Status Date Board i
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RESTORATION OPEN rE,�,Lp-QSi,3 E-MAIL LIEN CREATED 04-05-2019 SM CL
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FENCE EXPIRED
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_3_Q"Si2 COMMERCIAL9LDG-N 12-29-1995 EXPIRED
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Your privacy is'mportant to us,for more information see our privacy policy.The sery ces,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 s'te,its suitab'lity for use,or that this web service will be un;nterrupted or error-free.
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BRIEF FOR TJE PROPERTIES LLC — CE17100003
MOTION FOR COLLECTIONS 7/ 0/2 20 f vl
Monicari
Monroeof r
Subjectr - REPLAT TRACT A HAMMER POINT
Violation s ri i — Building Permitit (Land clearing) Q
Lien filed / / 1 remains unpaid.
Propertyis NOT in compliance.
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lien is $49,838.25 as of July 29, 2020 Cn
NOTES:
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NOTICEI IAND/OR
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PROCEEDINGSICE OF HEARING wasail a it on March 2, 2020 to Q
r ss on PRC, and Return receipt signed on MarchI itMarch
12, 2020 to return receipt was signed on March 25, 2020. Continuationhearing
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for / / of r rin r / / it vi first l s it / / . a
Continuationhearing for 5/28/20 and noticeof futurehearing for 7/30/20 mailedvia first CL
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class mail on 5/12/20. U)
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Countyis asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Order/Lien in this case. U
o co r . Tobin
Brief CE17100003 TJE Properties LLC
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County of Monroe A�
7 -74
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
"CONTINUATION OF CURRENT HEARING DATE AND
REMINDER NOTICE OF FUTURE ADMINISTRATIVE HEARING
Dear Prop" Owner/Agent:
Monroe County, Florida is continuing to take precautionary measures due to COVID-19
(coronavirus)to protect the health, safety and welfare of the public.
01-WIPTAK111"'NOTICR.that your case currently, scheduled for hearingLo MAY 28, 2020 0
has Wow CONTINUEM
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A Public Hearing will be conducted by the Special Magistrate on J 30. 2020 @j.,9.2g Aig
at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon,
Florida.
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You may appear in person and/or be represented by an attomey 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 the
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Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, Q
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which shall include the testimony and evidence upon which the appeal is to be based. Q
If you need more information, please contact your Code Compliance inspector at the
appropriate location listed below. U
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Middle Keys: 2798 Overseas Highway, Suite 330 0
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Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway Cn
Key Largo, FL 33037 (305)453-8806 Ln
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 Administrators Office, by E
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) U
caI endar 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. it Class Mail on 05/12/20.
Code Compliance partment
I Packet Pg.4039
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE17100003
Property Location: REPLAT TRACT A HAMMER POINT PARK, KEY LARGO, FL 33037
Parcel ID: 00480112000100
TJE PROPERTIES
PO BOX 372748
LARGO,KEY FL 33
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.1", CODE COMPLIANCESPECIAL ""'4GISTRATE
jOHN VAN LANINGHAM
MONROE COUNTY,
MONROE COUNTY,F , )
Petitioner, )
VS. ) CASE .: CE17100003
TJE PROPERTIES )
e erlt(s). ) �,
NOTICE OF MOTIONURE AND/OR MONEY T
PROCEEDINGS C F HEARING
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Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to cn
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F.S. 162.09(3),to authorize foreclosure and/or moneyjudgment proceedings on the Code Compliance Final Order/Lien
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in this case, which was recorded in the Official Records of Monroe County on 04/05/19, Book 2957, Page 965 on the
property that was the subject of the code compliance action described PLAT TRACT A HAMMER POINT Q.
PARK KEY LARGO, FL 33037, MONROE COUNTY, FLORIDA, 004 0112000100, and upon any and all t
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other real and/or personal property you own. The current outstanding amount of the County's lien as of March 2,2020
is $34,938.25 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This
motion will be considered on April 30,, 2020 at the Marathon Government Center, 2798 Overseas Highway, EOC UJ
Meeting Room at 9:00 a.m., Marathon, FL 33050. 0
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Steven T. Williams Cn
Assistant County Attorney D
I I 1112'h Street Suite 40
Key West, Florida 33040
(305)292-3470
Fla. Bar o.: 0740101 U
CERTIFICATE OF SERVICE
I hereby certify that on this 2 day of (✓ookg , 2020 a copy of the foregoing was furnished to
Respondent(s)via Certified Mail, Return Receipt Request No. -1015 1510 D003 Wk Vjpp to
PO BOX 372748 KEY LARGO,FL 33037.
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Code Comp lance Department
AA 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'1711 it.
Packet Pg.4041
FloridaCounty of Monroe
The
Code Compliance Department Board of County Commissioners
2798 Overseas Highway ;. Mayor Heather Carruthers,District 3
Marathon,Florida 33050 Mayor Pro TernMichelle Coldiron,Dist.2
Voice:(305)289-2810 w Craig Cates,District 1
FAX: (305)289-2858 David Rice,District 4
Sylvia J.Murphy,District 5
PROPERTIESWE
PO BOX 372748
KEY LARGO,FL 7
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March 2,2020
Subject: Code Case: CE17100003
Location: REPLAT TRACT A HAMMER POINT PARK KEY LARGO, FL 33037 U)
Dear Property Owners, Q.
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.
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Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
April 30, 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
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location: CL
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Middle Keys: 2798 Overseas Highway, Suite 330 Cn
Marathon, FL 33050 (305)289-2810 D
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,
ko W "J'7 ox
Monica Rodi*iguez
Code Compliance Research Analyst 305-289-2586
rodriguez-monica(�u,monroecount�fl.gov
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MONROE COUNTY CODE I, l�
ON'ROE COUNTY, FLORIDA
Subject: Compliance 11
Propertyc in: REPLAT TRACT A HAMMER POINT33037
Parcel I 00480112000100
PROPERTIESTJE
PO BOX 372748
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MONROE COUNTY CODE I 1
MOI ROE COUNTY, FLORIDA
Subject: Code ComplianceasCE17100003
Property Location: I , FL 33037
Parcel I 00480112000100
TODD J. I
HIGHWAYC/O TJE PROPERTIES, LLC
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40
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. ) Case o.: CE17100003
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TJE PROPERTIES )
esponent(s). )
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ORDERAUTHORIZING 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
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of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover
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the amount of the lien plus accrued interest.
DONE AND ORDERED this t 2020, at the Marathon
Government Center, Marathon, Florida.
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John Lan' ham 0
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Special Magistrate CL
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CERTIFICATE OF ORDER Ln
I her certify Athats is 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/ toRespondent(s) address of record w/the Monroe County Property
Appraiser's Office as referenced above and/or Authorized Representative TODD J E
AGENTREGISTERED _ and ANDREW TQAINon this day of
2020.
Nicole M. Petrick, Liaison
Packet Pg.4047
)MONROE COUNTY CODE „'
COUNTY,MONROE FLORIDA
Subject: o li cCE17100003
PropertyLocation: I , KEY LARGO, FL 33037
Parcel I 00480112000100
PROPERTIESTJE
KEY LARGO, FL 33037
PO BOX 372748
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ONROE COUNTY CODE 6�
MONROIE COUNTY, FLORID
Subject: Code Compliance171
Property Location: I , FL 33037
Parcel I 00480112000100
93160 OVERSEAS HIGHWAY
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MONROE COUNTY CODE LI
ON'ROE COUNTY, FLORIDA
Subject: Code Compliance Case CE17100003
Property Location: REPLAT TRACT A HAMMER POINT , FL 33037
Parcel ID: 00480112000100
ANDREW M. IP.A.
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BOX 620
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%-'ounty of Monroe � :�
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Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICEVIOLATION/NOTICE
PROPERTIESTo: TJE L r: CE17100003
- T D EBELEIN
KEY LARGO FL 33037 Q
Location: REPLAT TRACT A HAMMER POINT , KEY WEST, FL 33040 Uj
ReNumber: 00480112000100
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OWNER, Uj
DEAR PROPERTY
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You are hereby notified that an investigation of the above property was initiated on 1 /12/217
and subsequently found the following violation(s) of the Monroe County Code: CL
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110-140.(a) - BUILDING PERMIT REQ/CH 6 co
BUILDING PERMITS, APPROVALS AND FINAL INSPECTIONS
ARE REQUIRED FOR THE LAND CLEARED OUT BENEFIT
OF PERMIT, AS PER THE SR. BIOLOGISTATE 12/07/1 .
Corrective ActionRequired: 0
Contact the Monroe County Building and PlanningDepartment
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based o
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the specific scope of work. Additional permits,permit fees, Cn
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.
Y,
l -13 - ENDANGERED SPECIES.
NO DEVELOPMENT OFT IS PARCEL, INCLUDING
LANDCLEARING, SHALL OCCUR WITHOUT FULL COMPLIANCE
WITH THE PROVISIONSOF THE U.S. FISH AND WILDLIFE
SERVICE FOR CRITICAL ITT OR DESIGNATED
POTENTIALLY IT L HABITAT FOR FEDERALLY LISTED
THREATENED OR ENDANGERED SPECIES.
fPE-TMONER
EXHIBITEX
Packet Pg.4051
Corrective Action Required: ,
Obtain an After the Fact Permit for the restoration of the
site. The permit will require the following
1. The site shall be restored to its pre-violation grade.
2. All native trees, shrubs, and groundcovers on the
unlawfully cleared site shall be replaced with native plant
species as appropriate to the site unlawfully cleared. The
trees shall be of a size and maturity commensurate to the
unlawful clearing as determined by the County Biologist. The
native species mix shall consist of the approximate
percentages of the predominant tree, shrub and groundcover
species on the site unlawfully cleared prior to the _
violation, but if any endangered or threatened tree, shrub Q
or groundcover species were unlawfully cleared, then those
species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as
determined by the County Biologist regardless of
predominance.
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3. All replanted trees, shrubs, and groundcovers shall be _
located on site within the same areas that were unlawfully
cleared. CL
4. A monetary guarantee for the restoration work, as
stipulated in subsection (e) of this Section, shall be
provided in the form of a surety bond, cash, or other
financial guarantee in a form acceptable to the Planning
Director and the County Attorney.
5. The restoration work to correct the land clearing
violation in accordance with subsections O(1)-(3) of this
Section shall be required to receive final inspection
approval by the County Biologist. 0
In addition, the permit holder shall be required through a
financial guarantee approved by the Planning Director and CL
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the County Attorney, to guarantee the satisfactory �
completion of the restoration work in accordance with the Cn
approved restoration site plan and the survival of at least
0 percent of the replanted trees for a period of at least
three years after the issuance of the after-the-fact permit
for the restoration work.
(1) Guarantee amount. The amount of the restoration
guarantee shall cover the full costs of the restoration work
described in subsections (b)(1)-(3) of this Section. The
estimated costs of the restoration described in subsection
(b) of this Section shall be the sum of subsections (e)(1)a.
d (e)(1)b. of this Section:
e. One-hundred percent of the estimated cost of the
restoration described in subsection (b)(1) of this Section
as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the
EXHIBIT
1
2
Packet Pg.4052
restoration work required by subsection(b)(1) of this
Section, entered into with a contractor qualified to perform
such work.
f. One-hundred percent of the estimated cost, as estimated
by the Building Official, of performing the restoration work
described in subsections (b)(2) and (b)(3) of this Section;
or, alternatively, 150 percent of the price of a binding
contract for the restoration work described in subsections
(b)(2) and (3) of this Section, entered into with a state
licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form
approved by the Planning Director and the County Attorney.
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The guarantee shall be payable to the county in the amount
of the estimated total cost for restoration work as
calculated in subsection(e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of
the permit issued for the restoration work. Release of any
guarantee shall be conditioned upon final approval by the
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County Biologist of the restoration work as stipulated in
subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit CL
holder failed to complete required restoration work in
accordance with the restoration site plan and failed to
comply with the requirements of subsection(c)(2) of this
Section, the Planning Director in consultation with the co
County Attorney, may take the following action: inform the
guarantee company in writing of default by the permit holder
d request that it take necessary actions to complete the
required improvements.
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118-7. - GENERAL ENVIRONMENTAL DESIGN C
NO DEVELOPMENT OF THIS PARCEL, INCLUDING Cn
LANDCLEARING, SHALL OCCUR WITHOUT FULL COMPLIANCE Cn
WITH THE PROVISIONS OF THE MONROE COUNTY CODE FOR
MINIMIZING ENVIRONMENTAL IMPACTS. a
Corrective Action Required:
Obtain an After the Fact Permit for the restoration of the
site. The permit will require the following
1. The site shall be restored to its pre-violation grade.
2. All native trees, shrubs, and groundcovers on the
unlawfully cleared site shall be replaced with native plant
species as appropriate to the site unlawfully cleared. The
trees shall be of a size and maturity commensurate to the
lawful clearing as determined by the County Biologist. The
native species mix shall consist of the approximate
percentages of the predominant tree, shrub and groundcover s
3 1
[PET1110NEJR
species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub
or groundcover species were unlawfully cleared,then those
species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as
determined by the County Biologist regardless of
predominance.
3. All replanted trees, shrubs, and groundcovers shall be
located on site within the same areas that were unlawfully
cleared.
4. A monetary guarantee for the restoration work, as
stipulated in subsection (e) of this Section, shall be
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provided in the form of a surety bond, cash, or other
financial guarantee in a form acceptable to the Planning
Director and the County Attorney.
5. The restoration work to correct the land clearing
violation in accordance with subsections (b)(1)-(3) of this
Section shall be required to receive final inspection
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approval by the County Biologist.
In addition, the permit holder shall be required through a
financial ar tee approved by the Planning Director and CL
the County Attorney, to guarantee the satisfactory
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completion of the restoration work in accordance with the
approved restoration site plan d the survival of at least
80 percent of the replanted trees for a period of at least co
three years after the issuance of the after-the-fact permit
for the restoration work.
(1) Guarantee amount. The amount of the restoration
guarantee shall cover the full costs of the restoration work U
described in subsections (b)(1)-(3) of this Section. The
estimated costs of the restoration described in subsection
(b) of this Section shall be the sum of subsections (e)(1)a. CL
d (e)(1)b. of this Section: Cn
a. One-hundred percent of the estimated cost of the D
restoration described in subsection (b)(1) of this Section
as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the M
restoration work required by subsection (b)(1) of this
Section, entered into with a contractor qualified to perform
such work.
b. One-hundred percent of the estimated cost, as estimated
by the Building Official, of performing the restoration work
described in subsections (b)(2) and (b)(3) of this Section;
or, alternatively, 150 percent of the price of a binding
contract for the restoration work described in subsections
(b)(2) and (3) of this Section, entered into with a state
licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form
PETMIONERI
EIEXHISIT
Pg.4054
approved by the Planning Director and the County Attorney.
The guarantee shall be payable to the county in the amount
of the estimated total cost for restoration work as
calculated in subsection(e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of
the permit issued for the restoration work. Release of any
guarantee shall be conditioned upon final approval by the
County Biologist of the restoration work as stipulated i
subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit
holder failed to complete required restoration work in
accordance with the restoration site plan and failed to
co
comply with the requirements of subsection (c)(2) of this
Section, the Planning Director in consultation with the
County Attorney, may take the following action: inform the
guarantee company in writing of default by the permit holder
and request that it take necessary actions to complete the
required improvements.
Cn
n 122-8.(d)3 - F S PERMIT REFERRAL PROCESS
LAND CLEARING OF PROPERTY IS IN VIOLATION OFT E Q.
FEDERALLYTHREATENED SPECIES ACT
AND MAY BE SUBJECT TO ENVIRONMENTALRESTORATION
STANDARDS.
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Corrective ActionRequired:
CONTACT THE MONROE COUNTY ILIT FOR REQUIREMENTSTO
BRING THIS PROPERTY INTO COMPLIANCE T SEC. 122-
(THREATENED / SPECIES FOCUS AREAS).
UPPER KEYS BIOLOGIST (305) 53- 731
MIDDLE AND LOWER ILIT (305) 29-2502 0
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( PLEASE TAKE NOTICE that a Publica ill be conducted c 1
e above case on 01/31/2019e Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida.
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( ) You can avoid attending the hearing if all violation(s) noted above are corrected by01/16/2019
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.
( ) 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 i
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.
PETITIONER
EXHISIT
Packet Pg.4055
„� _0,11
( ) 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
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in personand/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
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phoned
(305) 289-2509, Fax: (305) 289-25 , prior to the date of the hearing:
J
You may request a continuance of the hearing for good cause so . If you choose to request a W
continuance, a written request on the Co ty'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 Q.
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation co
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.
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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
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Magistrate's Final Order. Cn
IT IS YOUR RESPONSIBILITYTO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
LINC, IANE
Code Inspector
7E ,50-
ErITIONEF
56
Lower Keys: 5503 College Road, Suite 20
Key West, FL 3300 (305) 292- 95
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 29-210
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 53- 06
CERTIFICATION E
I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified
Mail, Return Receipt Request o.: 715 1520 03 0398 6725
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bode Compli ce Dep me;��
e.
IF SERVICE IS NOT OBTAINED BY CERTIFIEDCI , A TRUE AND t
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECTOAND co
COUNTYTHE MONROE COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in U
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-444 1, between the hours of :30 a.m. - 5:00 p.m., no later than five (5.) calendar 0
CL
days prior to the scheduled meeting; if you are hearing or voice impaired, call 11711". CL
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7 EPETITIONEF
Packet Pg.4057
MEMORANDUM[
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCEs DEPARTMENT
e strive to be caring,professional andfair
To: Diane Link, Code Compliance _
From: Tim Dourna, Senior Biologist, Monroe County
Date: December 7, 201
e: TJE Properties LLC, Vacant Lot, Hammer Point Park Replat Tract A, Key Largo,
0040112-000100
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INTRODUCTION: I did a site inspection at the above mentioned property on October 5, 2017 Cn
after receiving complaints about clearing on the lot.
SITE DATA: The vacant wooded parcel contained a mix of native and exotic vegetation. In
September of 2016 Michael Roberts, Senior Administrator of Environmental Resources, and I Q.
verified some of this area was hammock. The parcel is under common ownership with the parcel .�
to the northeast(00480112-000200), currently developed as Unique Marine Boat Sales and t
Service; however, post-Hurricane Irma aerials do not indicate any significant vegetation from the co
vacant parcel having fallen onto the developed parcel.
FINDINGS: It appears that a large area of vegetation, including protected native vegetation, was
indiscriminately cleared from the northeast portion of the vacant parcel without the benefit of a
permit. The clearing is a violation of Section 6-100, Section 11 -7(c), Section 11 -7(f), and 0
Section 11 -13(a). Compliance with other sections of code has not been determined.
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RECOMMENDATION: Issue a Notice of Violation. An after-the-fact permit for restoration
will be required in accordance with Section 11 -11. The permit will require the following: Cn
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(1) The site shall be restored to its pre-violation grade.
(2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced
with native plant species as appropriate to the site unlawfully cleared. The trees shall be of a
size and maturity commensurate to the unlawful clearing as determined by the County
Biologist. The native species mix shall consist of the approximate percentages of the
predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub or groundcover species were
unlawfully cleared, then those species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as determined by the County Biologist
regardless of predominance.
(3) All replanted trees, shrubs, and groundcovers shall be located on site within the same areas
that were unlawfully cleared.
FPETMONEF
58
(4) A monetary guarantee for the restoration work, as stipulated in subsection (e) of this Section,
shall be provided in the form of a surety bond, cash, or other financial guarantee in a forin
acceptable to the Planning Director and the County Attorney.
(5) The restoration work to correct the land clearing violation in accordance with subsections
(b)(1)-(3) of this Section shall be required to receive final inspection approval by the County
Biologist.
In addition,the permit holder shall be required through a financial guarantee approved by the
Planning Director and the County Attorney,to guarantee the satisfactory completion of the
restoration work in accordance with the approved restoration site plan and the survival of at least
0 percent of the replanted trees for a period of at least three years after the issuance of the after-
the-fact permit for the restoration work.
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(1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the
restoration work described in subsections (b)(1)-(3) of this Section. The estimated costs of
the restoration described in subsection (b) of this Section shall be the sum of subsections
(e)(1)a. and (e)(1)b. of this Section:
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a. One-hundred percent of the estimated cost of the restoration described in subsection Cn
(b)(1) of this Section as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the restoration work required by
subsection (b)(1) of this Section, entered into with a contractor qualified to perform
such work.
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b. One-hundred percent of the estimated cost, as estimated by the Building Official, of
performing the restoration work described in subsections (b)(2) and (b)(3) of this t
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Section; or, alternatively, 150 percent of the price of a binding contract for the Q
restoration work described in subsections (b)(2) and (3) of this Section, entered into
with a state licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and
the County Attorney. The guarantee shall be payable to the county in the amount of the 0
estimated total cost for restoration work as calculated in subsection (e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of the permit issued for the o
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restoration work. Release of any guarantee shall be conditioned upon final approval by the
County Biologist of the restoration work as stipulated in subsection (c)(2) of this Section. Cn
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(3) Default. All guarantees shall provide that if the permit holder failed to complete required
restoration work in accordance with the restoration site plan and failed to comply with the
requirements of subsection (c)(2) of this Section, the Planning Director in consultation with
the County Attorney, may take the following action: inform the guarantee company in
writing of default by the permit holder and request that it take necessary actions to complete
the required improvements.
NOTE: I can be reached at (305) 453-8800 for any questions. Thank you.
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EXHIBIT
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County of Monroe
Code Compliance e t " k
2798 Overseas Highway .�
Marathon, ri 33050 .
NOTICEL TI IHEARING
T E PROPERTIES LLCs r® CE17100003
372748
KEY LARGO FL 7
Location: L I TAVERNIER FL 33070
e er® 00480112000100
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OWNER,DEAR PROPERTY
You are hereby notified that an investigation of the above property was initiated on 1 /1 /217
and subsequently found the following violation(s) of the Monroe County Code:
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11 -1 .( ) - BUILDING PERMIT REQ/CH 6
BUILDING PERMITS, APPROVALS AND FINAL INSPECTIONS co
ARE REQUIREDLAND CLEARED WITHOUT BENEFIT
OF IT, AS PER THE SR. BIOLOGISTATE 12/ 7/1 .
Corrective ActionRequired:
Contact the Monroe County Building and PlanningDepartment
d obtain an after the fact permit or demolition permit. 0
NOTE: All pen-nit fees and permit requirements are based on CLCL
the specific scope of work. Additional permits, permit fees, Cn
mitigation fees, or restoration of the property to original D
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.
11 -13 - ENDANGERED SPECIES.
NO DEVELOPMENT OF THIS PARCEL, INCLUDING
LANDCLEARING, ALL OCCUR WITHOUT FULL COMPLIANCE
WITH THE PROVISIONS OF THE U.S. FISH AND WILDLIFE
SERVICE FOR CRITICAL HABITAT OR DESIGNATED
POTENTIALLY I L ITAT FOR FEDER-ALLY LISTED
THREATENED OR ENDANGEREDSPECIES,
PETITNE
BIT
Packet Pg.4061
Corrective Action Required:
Obtain an After the Fact Permit for the restoration of the
site. The permit will require the following
1. The site shall be restored to its pre-violation grade.
2. All native trees, shrubs, and groundcovers on the
unlawfully cleared site shall be replaced with native plant
species as appropriate to the site unlawfully cleared. The
trees shall be of a size and maturity commensurate to the
unlawful clearing as determined by the County Biologist. The
native species mix shall consist of the approximate
percentages of the predominant tree, shrub and groundcover
species on the site unlawfully cleared prior to the co
violation, but if any endangered or threatened tree, shrub
or groundcover species were unlawfully cleared, then those
species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as
determined by the County Biologist regardless of
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predominance. Cn
3. All replanted trees, shrubs, and groundcovers shall be
located on site within the same areas that were unlawfully
cleared. CL
4. A monetary guarantee for the restoration work, as
stipulated in subsection (e) of this Section, shall be
provided in the form of a surety bond, cash, or other
financial guarantee in a form acceptable to the Planning
Director and the County Attorney.
5. The restoration work to correct the land clearing
violation in accordance with subsections (b)(1)-(3) of this
Section shall be required to receive final inspection U
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approval by the County Biologist.
In addition,the permit holder shall be required through a 0
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financial guarantee approved by the Planning Director and CL
the County Attorney, to guarantee the satisfactory Cn
completion of the restoration work in accordance with the Ln
approved restoration site plan and the survival of at least
0 percent of the replanted trees for a period of at least
three years after the issuance of theafter-the-fact permit M
for the restoration work.
(1) Guarantee amount. The amount of the restoration
guarantee shall cover the full costs of the restoration work
described in subsections (b)(1)-(3) of this Section. The
estimated costs of the restoration described in subsection
(b) of this Section shall be the sum of subsections (e)(1)a.
and (e)(1)b. of this Section:
e. One-hundred percent of the estimated cost of the
restoration described in subsection (b)(1) of this Section
as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the - PETITIONER'
EX HIBIT
2
Packet Pg.4062
restoration work required by subsection (b)(1) of this
Section, entered into with a contractor qualified to perform
such work.
f. One-hundred percent of the estimated cost, as estimated
by the Building Official, of performing the restoration work
described in subsections (b)(2) and (b)(3) of this Section;
or, alternatively, 150 percent of the price of a binding
contract for the restoration work described in subsections
( )(2) and (3) of this Section, entered into with a state
licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form
approved by the Planning Director and the County Attorney.
The guarantee shall be payable to the county in the amount
of the estimated total cost for restoration work as
calculated in subsection (e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of
the permit issued for the restoration work. Release of any
guarantee shall be conditioned upon final approval by the Cn
County Biologist of the restoration work as stipulated i
subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit
holder failed to complete required restoration work in
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accordance with the restoration site plan and failed to .�
comply with the requirements of subsection (c)(2) of this
Section, the Planning Director in consultation with the "'
County Attorney, may take the following action: inform the
guarantee company in writingof default by the permit holder
d request that it take necessary actions to complete the
required improvements. U
0
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11 -7. - GENERAL ENVIRONMENTAL DESIGN CRITERIA
NO DEVELOPMENT OF THIS PARCEL, INCLUDING Cn
LANDCLEARING, SHALL OCCUR WITHOUT FULL COMPLIANCE Ln
WITH THE PROVISIONSOF THE MONROE COUNTY CODE FOR
MINIMIZING I O ENTAL IMPACTS.
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Corrective Action Required:
Obtain an After the Fact Permit for the restoration of the
site. The permit will require the following
1. The site shall be restored to its pre-violation grade.
2. All native trees, shrubs, and groundcovers on the
unlawfully cleared site shall be replaced with native plant
species as appropriate to the site unlawfully cleared. The
trees shall be of a size and maturity commensurate to the
unlawful clearing as deterinined by the County Biologist, The
native species mix shall consist of the approximate
percentages of the predominant tree, shrub and groncover
PtrmowzR!
EXHIBIT
Packet Pg.4063
species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub
or groundcover species were unlawfully cleared, then those
species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as
determined y the County Biologist regardless of
predominance.
3. All replanted trees, shrubs, and gro covers shall be
located on site within the same areas that were unlawfully
cleared.
4. A monetary guarantee for the restoration work, as
stipulated in subsection (e) of this Section, shall be
co
provided in the form of a surety bond, cash, or other
financial guarantee in a form acceptable to the Planning
Director and the County Attorney.
5. The restoration work to correct the land clearing
violation in accordance with subsections (b)(1)-(3) of this
Section shall be required to receive final inspection Cn
approval by the County Biologist.
In addition, the permit holder shall be required through a
financial guarantee approved by the Planning Director and
the County Attorney, to guarantee the satisfactory
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completion of the restoration work in accordance with the
approved restoration site plan and the survival of at least
0 percent of the replanted trees for a period of at least
three years after the issuance of the after-the-fact permit
for the restoration work.
(1) Guarantee amount. The amount of the restoration
guarantee shall cover the full costs of the restoration work U
described in subsections (b)(1)-(3) of this Section. The
estimated costs of the restoration described in subsection 0
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(b) of this Section shall be the sum of subsections (e)(1)a. CL
d (e)(1)b. of this Section: Cn
a. One-hundred percent of the estimated cost of the Ln
restoration described in subsection (b)(1) of this Section
as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the M
restoration work required by subsection (b)(1) of this
Section, entered into with a contractor qualified to perform
such work.
b. One-hundred percent of the estimated cost, as estimated
by the Building Official, of performing the restoration work
described in subsections (b)(2) and (b)(3) of this Section;
or, alternatively, 150 percent of the price of a binding
contract for the restoration work described in subsections
(b)(2) and (3) of this Section, entered into with a state
licensed landscape architect.
(2)Form of Guarantee. The guarantee shall be in a form
EXHIBIT
n Packet Pg.4064
approved by the Planning Director and the County Attorney.
The guarantee shall be payable to the county in the amount
of the estimated total cost for restoration work as
calculated in subsection(e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of
the permit issued for the restoration work. Release of any
guarantee shall be conditioned upon final approval by the
County Biologist of the restoration work as stipulated in
subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit
holder failed to complete required restoration work in
accordance with the restoration site plan and failed to
co
comply with the requirements of subsection(c)(2) of this
Section, the Planning Director in consultation with the
County Attorney, may take the following action: inform the
guarantee company in writing of default by the permit holder
and request that it take necessary actions to complete the
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required improvements.
Cn
CL
122-8.(d)3 - FWS PERMIT REFERRAL PROCESS
LAND CLEARING OF PROPERTY IS IN VIOLATION THE
FEDERALLY THREATENED OR ENDANGERED SPECIES ACT
AND MAY BE SUBJECT VI N ENTRESTORATION co
STANDARDS.
Corrective ActionRequired:
CONTACT COUNTY BIOLOGISTREQUIREMENTS U
BRING IS PROPERTY INTO COMPLIANCE WIT C. 122- c
(THREATENED AND/OR ENDANGERED SPECIES FOCUS AREAS). 0
UPPER KEYS IST (35) 53- 731
MIDDLE AND LOWER KEYS BIOLOGIST (305) 2 9-252 Cn
Ln
( PLEASE TAKE NOTICEthat a Public Hearing will be conductedc r-
Magistrate in the above / / t the Monroever e t
RegionalCenter,2798 Overseas Hwy., Florida.
y
( ) You can avoid attending e hearing if all violation(s) noted above are corrected by01/16/2019
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.
PETITI ° NEF
EXHIBIT
Packet Pg.4065 p4
( ) 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
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
J
Cn
You may appear in personand/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
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-25 , prior to the date of the hearing:
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 violations exist as alleged in this Notice c
y gr ( ) , you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact 0
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the Code Inspector listed below at least five (5) business days before the date of the hearing. A request CL
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that Cn
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
CU
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 confirin that you do not
need to attend the hearing(s). Please contact your insectorf,at the appropriate cation:
bIANE LINK
Code Inspector
[PET11n10
Packet Pg.4066
Lower Keys: 5503 College Road, Suite 20
Key West, FL 3300 (305) 292-4495
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 29-210
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453- 06
CERTIFICATION
I hereby certify that a coy hereof has been furnished to the above named addressee(s) by Certified
Mail, Return Receipt Request No.: 7015 1520 0003 0398 6671 1
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Code Compliance Departme
IF SERVICE IS NOT OBTAINEDCERTIFIED I , A TRUE AND �jl
ACCURATE COPY OF THIS NOTICE WILL BE POSTEDSUBJECT PROPERTY
co
THE MONROE COUNTY COURTHOUSE. Q
ADA ASSISTANCE: If you are a personi isili o needs special accomniodations i
order to participate in this proceeding, lease contact the County Administrator's Office, by
phoning (35) 292- 1, between the hours of 8:3 . - 5: ., no later than five (5) calendar U
days prior to the scheduled meeting; if you are hearing or voice impaired, call "711".
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MONROE COUNTY CODE COMPLIANCE
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perjury, that I posted the property owned by: TJE PROPERTIES LLC, described as REPLAT TRACT A
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SUBJECTTHIS NOTICE WAS POSTED AT:
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From: BURKE CANNON <burkecannon76@bellsouth.net>
Sent: Wednesday, October 4, 2017 5:20 PM
To: McPherson-Cynthia; Roberts-Michael; Douma-Tim; Rigby-Brenedy
Cc: BOCCDISS;Alice Morrison; Harley Kane; Scott Pearson;John Wojcik; Kathy Merlo; Mary
Barron Lopez; Ralph Iglesia; BURKE CANNON; Rick Hamilton; Dottie Moses
Subject: Fw: Emailing: Unique Marine Clear Cutting
Attachments: Unique Marine Clear Cutting jpg
Hello All - I no you are working very hard at this time to keep our communities on the right track.
I just cannot stand by and ignore a Rogue entrepreneur take advantage of Ira's impacts to our
community by clear cutting/clearing his newly acquired adjacent property at the entrance to
Hammer Point, MM 92.2. Tim Douma had advised me some time ago that even if this lot was
TIER 3, there were restrictions on what could be removed if he wanted to extend his enterprise. I
would not be surprised if he claims everything he has uprooted was already knocked out...I think that's the
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way he rolls. He has not been shy with some of our neighbors by intimating that he has a very good
working relationship with the Sheriff's department and building department and that leaves a lot of
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interpretation. I will forward my video as soon as I find out how. CL
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Please find my electronic complaint attached. Your system kicked it back to me and I am
not computer savvy enough to understand the problem.
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Best Regards,
Burke Cannon, President
Hammer Point Owners Assoc.
305-394-0141 0
burkecamion76@bellsouth.net
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BURKE CANNON Cn
Sera: Wednesday, October 04, 2017 4:12 P
To: BURKE CANNON
Subject: Emailing: Unique Marine Clear Cutting
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Your message is ready to be sent with the following file or link attachments:
Unique Marine Clear Cutting
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.
__
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INSPECTOR DATE
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County of Monroe
The Florida Keys
!Qode Co ®liaee Qtpmrimenj
Highway ®r o cola o i loner'
279 Marathon Mayor Sylvia J. u hy, i ict 5
,Florida 33050 �` Mayor Te Danny L.Kolhage,District
Voice:(305)289-210 Michelle Coldiron,District 2
FAX: (305)289-2858 Heather Carruthers. i ct 3
David Rice,District 4
TJE PROPERTIES LLC'
PO BOX 372748
KEY LARGO,FL 7
C0
April 10,21
Subject: Code Case CE17100003
Property Location: REPLAT TRACT A HAMMER POINT PARK, KEY LARGO, FL 33037 Cn
Real Estate o.: 00480112000100
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
continue to run in the amount of $400.00 per day until the property comes into compliance.
Additionally, a lien against your property was recordedin the Official Records of MonroeCounty on 04/05/19, Book co
257, Page 965. The current amount of the Couty's lien is $3,681.55 (fines and costs) which continue to accrue and CID
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 u
and/or personal property you own. o
You can resolve this matter by bringinginto compliance and remi payment in full to: Monroe o
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County Code Compliance Department; Attention: Nicole Petrick; 2798 OverseasHighway, Suite 33 o , SL
Florida 33050. The County will then provide a ReleaseSatisfaction of Lien to you. Cn
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If you have achieved compliance,please contact your Code Inspector at the appropriate location.
MiddleKeys: 2798 OverseasHighway, Suite 330, Marathon, FL 3350 (35)2 -2 1
UpperKeys: 102050 OverseasHighway, Key Largo,FL 3337 (35) 5 -
Respectfully yours,
L4� Aenc�
Nicole Petrick
Special Magistrate Liaison
(35)289-2509
'Ittrick-Nicole,i mcmroggo a ,,o*- i.,00%
Packet Pg.4092
BEFORE TH" U TY CODE COMPLIANCE SPECIAL t ISTRATE
MONROE COUNTY, FLORIDA
OccU 2 1 11 4/ /201 M
Filed
Recorded
tK official
MADO `orris of
MONROE COUNTY FLORIDA,
P oet! 21112
Petitioner,
kN 2957 P 6
Vs.
TJE PROPERTIES LLC Case No.: CE17100003
Respondent(s). Subject Property Real Estate Number. 00480112-000100
FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or witnesses CD
under oath, the following Findings of Fact and Conclusions of Law are ORDERED:
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Respondent(s)and/or Authorized Representative O d l /
r were not present and did 1 i no ntest the violations)set forth in the Notice of ViolationlNotice of Hearing which is
incorporated herein as if fully set fort .
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(✓) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
( 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 UJ
served upon the Respondent(s).
( ) 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 UJ
closed.
( The Responde (s) all comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before
/ ('THE COMPLIANCE DATE').
(A 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:
11 .1 4a) 100.00 118.7._ 10 0
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11 .1 $ 100.00 1 - .( ) n0 . 60
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are CL
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hereby ORDERED. �
( It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required Ln
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 COD (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: RESTORATION PLAN MUST BE SUBMITTED TO MONROE COUNTY ENVIRONMENTAL RESOURCES DEPARTMENT ON
OR BEFORE THE COMPLIANCE DATE OF 04/01/19 OR DAILY FINES IN THE AMOUNT OF$100.00 PER DAY WILL BEGIN TO ACCRUE.
THIS CASE WILL REMAIN OPEN FOR A PERIOD OF 3 YEARS. PER CONDITIONS OF THE REQUIRED PERMIT,AT LEAST 80 PERCENT OF
THE TREES REPLACED SHALL BE VIABLE AT THE END OF A THREE-YEAR PERIOD FROM THE DATE OF THE FINAL INSPECTION OF THE
RESTORATION WORK.DEAD OR DYING TREES MAY BE REPLACED SUBJECT TO PRIOR APPROVAL BY THE COUNTY BIOLOGIST
DURING THE THREE YEAR PERIOD IN ORDER TO ENSURE THE 80 PERCENT MINIMUM IS MET AT THE END OF THREE YEARS.THE
RESTORATION WORK SHALL BE INSPECTED BY THE COUNTY BIOLOGIST ON AN ANNUAL BASIS(OR EVERY 6 MONTHS)DURING THE
THREE-YEAR PERIOD AND SHALL REQUIRE A FINAL INSPECTION AT THE END OF THE THREE YEAR PERIOD.THE BIOLOGIST MAY
DIRECT THAT DEAD OR DYING TREES BE REPLACED AS DEEMED NECESSARY TO ENSURE THE 80 PERCENT STANDARD WILL BE MET
A THE END OF THREE YEARS.ANY VIOLATION WILL FOLLOW THE LAND AND ANY NEW PURCHASER(S)WILL BE RESPONSIBLE FOR
THE VIOLATIONS AS CITED ON THE SUBJECT PROPERTY.
Pagel
Packet Pg.4093
In the event of nonpayment of fines and/or costs imposed onRespondent(s), a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real o
personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three month:
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 m )to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330
Marathon, FL 33050.
IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTIONI THE PROPERTY I!
COMPLIANT BY CALLINGCOMPLIANCE T T -2810 FOR THE MIDDLE
KEYS; . FOR THE LOWER KEYS.
DATED this - s day of .20
Jo S-PbNAUgistrate
APPEALPROCEDURES k
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order
filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COU )
HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 1 .11, FLORIDA STATUTES
ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE VI F THE RECORD CREATEDF THE SPECIA1
MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THI`
ORDER.
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CERTIFICATE
I hereby certify that thi is a true and correct copy of the above Order.
co
Nicole M. Petrick, Liaison
CASE NUMBER: C17100003
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Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
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TJE PROPERTIES LLCCL
PO BOX 372748 Cn
Cn
KEY LARGO, FL 33037
Location of subject property:
REPLAT TRACT A HAMMER POINT PARK
TAVERNIER FL 33070
Real Estate Number: 00480112-000100
CERTIFICATE F SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/ rs
class [I S maa to Respondent(s) address of record with the Monroe County Property Appraiser's Office as references
above and/or Authorized Representative on this s' day o
• 0
Nicole M. Petrick, Liaison MONROE COUNTY
OFFICIAL RECORDS
Page
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8/13/2020 gPublic.net-Monroe County,FL-Report:00480112-000100
�� " Monroe County, FL
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling 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.
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Summary
Parcel ID 00480112-®W100
Account# 1589241
PropertylD 1589241
MIIIageGroup 5DOP
Location VACANT LAND,TAVERNIER
Address
Legal REPLATTRACTA HAMMER POINT PARK KEY LARGO P86-SOS TRACT A&PTST =
Description RD50115234065OR972-310/12OR1242-178/79OP2771-952
(Note:Not to be used on leg31 documents.)
Neighborhood 1D020
Property COMMERCIAL(1000) tF-¢
Class 1,
Subdivision HAMMER POINT PARK REPLATTRA LIJ
SedTv4WRng 22/62/38
Affordable No r
Housing
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Owner
-.E PROPERTIES LLC LIJ
PO Bar 372748 CL
Key Largo FL 33037
Valuation CL
LIJ
2019 2018 2017 2016
+ Market Improvement Value $0 $0 $0 $0
+ MarketMiscValue $0 $0 $0 $0
+ Market Land value $126,541 $161,692 $107,404 $107,404
Just Market Value $126,541 $161,692 $107,404 $107,404
Total Assessed Value $126,541 $118,144 $107,404 $107,404
School Exempt Value $o $a $o _ $D
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® School Taxable Value $126,541 $161,692 $107,404 $107,404 LIJ
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Land 0
Land Use Number of Units Unitlype Frontage Depth
COMMERCIAL HIGHWAY(1MOH) 39,056.00 Square Foot 0 0 0
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Sales
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Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved I)
11/18/2015 $125,000 warranty Deed 2771 952 37-Unquallfied Vacant W
View Tax Info
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V ew Taxes,or this Parce
Photos U
151892- 41-20460108
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8/13/2020 gPublic.net-Monroe County,FL-Report:00480112-000100
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TRIM Notice
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., 2019 Paid Real Estate Q 3
MONROE COUNTY TAX COLLECT NOTICE OF AD VALOREM TAXES AND NON AD VALOREM ASSESSMENTS
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1 241 500P 1589241
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TJE PROPERTIES LLC 00480112000100226238 ® C=7
PO Box 372748 VACANT LAND w 4 z
Key Largo,FL 33037-7748 fD
REPEAT TRACT A HAMMER POINT PARK KEY
LARGO PB6-101 TRACT A&PT ST RD 5 OR523-1065 `�' a m
OR972-310/12 OR1242-1 a W a
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SCHOOL STATE LAW 305-293-1400 1.5550 126,541 0 126,541 196.77
f SCHOOL LOCAL BOARD 305-293-1400 1.7880 126,541 0 126,541 226.26
GENERAL FUND 305-292-4473 0.7697 126,541 0 126,541 97.40 6
F&F LAW ENFORCE JAIL 305-292-7017 1.7747 126,541 0 126,541 224.57
HEALTH CLINIC 305-296-4886 0.0437 126,541 0 126,541 5.53
GENERAL PURPOSE 305-292-4473 0.1725 126,541 0 126,541 21.83
2.1
MOSQUITO CONTROL 305-292-7190 0.4508 126,541 0 126,541 57.04
M C LOCAL ROAD PATROL 305-292-7017 0.3484 126,541 0 126,541 44.09 in
SFWM DIST 800-432-2045 0.1152 126,541 0 126,541 14.58 p
OKEECHOBEE BASIN 800-432-2045 0.1246 126,541 0 126,541 15.77
LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 2.0792 126,541 0 126,541 263.10
EVERGLADES CONST PRJT 800-432-2045 0.0397 126,541 0 126,541 &02 L 0 0
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TOTAL MILLAGE 9.2615 AD VALOREM TAXES $1,171,
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KEY LARGO WASTEWATER#5 305-451-4019 7'88
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NON-AD VALOREM ASSESSMENTS 7. 8 u
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See reverse side for
COMBINEDT ES AND ASSESSMENTS $1,519. importantinforrnatfon. �'°
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If Received By Apr15,2020
Please $0.00 IF PAID BY CL
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DANISE 0.,•, HENRIQUEZ 201 al Real state U)
MONROE CO 'NTi TAX COLLECTO NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTSOEM
..®. r.. • o or PEN
1 241 500 159241
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00480112 0100 6238 u
TJE PROPERTIES LLC VAC T D
PO Box 372748
Key Largo,FL 33037-774 REP T TRACT H POINT PARK
LARGO KEY
P6-101 TRACT A&PT ST RD 5
OR523-1065 OR972-310/12 O1242-1
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CHECKS ON U .BANKS ONLY MADE PAYABLE TO DANISE D.HEIU ,C.F.C.TAX COLLECTOR®P.O.BOX 1129,KEY WEST FL 33041-1129
=Recelvedr ,.00
Paid /06/2020 Receipt# 114-1 0001472 $1,519-84
Paid By UNIQUE MARINE IC
Packet Pg.4097