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Item P5 } P.5 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: P.5 Agenda Item Summary #8270 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 LEONARDO RODRIGUEZ and his property, 429 Big Pine Road, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE19030156. ITEM BACKGROUND: CE19030156: This property has been the subject of a code compliance case for improvements/repairs in the garage/laundry and storage areas, constitute work undertaken outside the scope of building permit 419300366 and therefore unpermitted and all alterations/repairs and/or improvements to this property must comply with floodplain standards for areas of special flood hazard. The fines total $195,600.00 as of May 12, 2021 and will continue to accrue at $300.00 per day, until compliance is achieved. A hearing was scheduled for April 26, 2019 and on or about April 18, 2019, an attorney on behalf of the property owner requested a continuance. The Special Magistrate approved the continuance of the hearing to May 30, 2019. A hearing was held on May 30, 2019 and neither the property owner nor a representative was present. The Special Magistrate found the property in violation and ordered a compliance date of July 29, 2019. The County's lien was recorded on August 22, 2019. A subsequent hearing was held on October 29, 2020 and an attorney was present on behalf of the property owner. 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 homestead and there are no pending foreclosure actions at this time. There is a $181,000.00 balloon mortgage on the property with a maturity date of March 28, 2020. No foreclosure or satisfaction of mortgage has been filed. There are additional liens for nominal amounts pertaining to criminal court costs and fees that may or may not be against this property owner "Leonardo Rodriguez." The Monroe County Property Appraiser indicates the Just Market Value of the property is $393,002. Packet Pg. 1959 P.5 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 and/or money judgment. 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. Release the lien. County staff recommends initiating litigation (option 1) against the property owner for injunction and/or money judgment. 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. County staff recommends initiating litigation against the property owner for injunction and/or money judgment. DOCUMENTATION: Resolution 057-2014 LIEN PROCESS AIS Support Docs CE19030156 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 Packet Pg. 1960 P.5 Additional Details: 06/16/21 148-50001 - GROWTH MGMT ADMIN $2,500.00 BUDGETED REVIEWED BY: Cynthia McPherson Completed 05/12/2021 3:51 PM Paunece Scull Completed 05/28/2021 2:15 PM Bob Shillinger Completed 05/31/2021 12:52 PM Assistant County Administrator Christine Hurley Skipped 06/01/2021 1:02 PM Liz Yongue Completed 06/01/2021 1:27 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1961 P.5.b cs Monroe CountyFlorida Information Summary Czoogle Parcel ID 00537220000000 This page can't load Google Maps correctly. LO r 13cr,n_ Address 429 BIG PINE R© — OK r City/State/Zip KEY LARGO FL,33037 Units 2 Map data C2021 Google Owner RODRIGUEZ LEONARDO --- — - - Click here to be taken to the GIS Web Application to view additional information on this property. NOTE.The GIS Web Application is a separate applicationLO r from MCeSearch.Any questions regarding the Web Map Application or its content should be directed to the GIS aepartment. O O Permits Code Cases . . ......... . ......... ..... _.._..... _ c Number,„ Type Issued .. Status! Casa Number i, Type .: Status Status Date hoard 14300.3E5 DEMO 03-18-2019 CLOSED: �F.1�1fik REFERRAL LIEN CREATED 09 05 2019 SM _..._.__.._._._....._..............___._,........_._._-.__._.__......._._. .........,_.__'1-,_,..... _._,..,._ --._._.-.__.__---_.-_._....____-_.........___._.......... ._.___. 1g399.,k COMPONENT AES NEWIREPLACE 03 20 2019 OPEN ( _fflSD.A4.I. CLOSED 04-29-2019 COMPLAINT 1G30SD17�--� RE#OPEN/EXPIRED PERMIT INVESTIGATION CLOSED 10306641 PLUMBING-SEWER TIE-IN(ONESFR) 11-02-2010 CLOSED 03 (31.304313 ROOFING-RESIDENTIAL 12-03-2001 CLOSED .-.-. ...,..,_,...-, ..,........, ... .....................{ U MPS 97, ROOFING-RESIDENTIAL 10-15-2001 CLOSED i., .,ii. li303880 CLEARINGIGRUBBING 10.1S-2001 CLOSED ............. ..,..,..,.. .,..,.,..,.,„ ........ .......... .... ................ .......... . .. ._, G530101Z XXXEXTERIOR RENOVATIONS DA 25-1995 CLOSED 9s 0645 ROOFING-RESIDENTIAL 03-17-1995 CLOSED Your pri aty is important to us,for mere information see our privacy poky.The services,information,and data made availanle at this wcbsite are provided"AS IS"witdour warranties of any kind,Monroe County anti is authorized agents and eontrac:ors make no mpresentations orwarrantias regarding the condition or kunc ionalit}of;his wgeb site,its suRabiiity for usr.,or that:his v eb sen,ice will be uninte mpted or error free. Packet Pg. 1962 BRIEF FOR LEONARDO RODRIGUEZ — CE19030156 MOTION FOR COLLECTIONS 10/29/2020 Monica Rodriguez Research Analyst - Monroe County Subject Properly - 429 BIG PINE ROAD, KEY LARGO, FL Violation description — (a) Building Permit(s) required for improvement/repairs (additional living area, electric and plumbing) in the garage laundry and storage areas, (b) compliance LO - with floodplain standards and (c) work conducted beyond permit condition is consideredCD beyond scope of the permit Lien filed 8/22/2019 and remains unpaid. • Property is NOT in compliance. • The lien is $137,110.80 as of October 28, 2020 LO T- NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT y PROCEEDINGS& NOTICE OF HEARING was mailed Cert Mail on May 26, 2020 to address on PRC, Return receipt was NOT RETURNED to County, therefore the courthouse and 0 subject property were posted with the hearing notice on 7/17/20 (property) and on 7/15/20 (courthouse), as well as mailed via first class mail. Notice was also emailed on 5/26/2020 to attorney of record, Nicholas W. Mulick, Esq. A continuance was granted for hearing 7/30/2020 and case was continued to August 27, 2020 hearing. Continuance notice was emailed to Atty. Mulick on July 28, 2020 and mailed on July 29, 2020 to address on PRC/Atty. Mulick. Continuance was granted for hearing 8/27/20 and case continued to 10/29/20. Reminder notice of hearing emailed to Atty. Mulick on 8/26/20. *County in communication with Atty. Mulick County is asking the Special Magistrate to authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. Packet Pg. 1963 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 `" ' " Case Inspector: MCPHERSON, CYNTHIA Case Number: CE19030166 Property Location: 429 BIG PINE RD, KEY LARGO, FL 33037 Parcel ID: 00537220000000 LEONARDO RODRIGUEZ 429 BIG PINE RD KEY LARGO, FL 33037 * REMINDER NOTICE OF ADMINISTRATIVE HEARING PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on LO 10/29/2020 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 c, 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 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. You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a W written request on the County's form must be made at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the LO Liaison for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305)289-2509; Fax: (305) 289-2858. Lu PLEASE NOTE: continuance of a hearing date, even if granted by the Special Magistrate, will not stop daily fines from accruing once they have been imposed. If the Special Magistrate denies your request for an extension of compliance date, a daily fine and costs of prosecution and investigation may be imposed on the subject property. o Said fine may constitute a lien on said property and any other property owned by the violator. 0 If you agree that the violation(s) exist as alleged in this Case, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact your 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 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 above named addressee(s) and Authorized Representative, Nicholas W. Mulick PA 91645 Overseas Hiahway. Tavesnier FL 3307 by U.S. First Class Mail on 08126120. CY4:--� e Code Compliance Department Packet Pg. 1964 f P.5.b 4 ;i County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 Case Inspector MCPHERSON,CYNTHIA Casa Number.CE190301So Property Location:429 BIG PINE RD, KEY LARGO, FL 33037 " Parcel ID:0053722000WN LEONARDO RODRIGUEZ 429 BIG PINE RD KEY LARGO,FL 33037 —REMINDER NOTICE,OF ADMINISTRATIVE HEARING" LO PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case onCD 08127/20 at 9:00 AM at the Monroe County Government Regional Center,2798 Overseas Hwy., Marathon, Florida. CD You may appear in person andfor 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 LU hearing. 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. You may request a continuance of the hearing far 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. A LO request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305)289-25M, Faz+(306)289-2858. PLEASE NOTE: continuance of a h9aift dat% even if from accruing once they have imposed. 8 the Special III not stop daily fines U compliance data, a dal fine and casts of t � denies your request for an extension of c Said fine m constitute a lien on said prosecution and investigation may be imposed on the subject property may property and any other property owned by the violator. c If you agree that the violation(s) exist as aPAxjW in this Case, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement; contact your Code Inspector listed below at least five (5) business days before the date of the hearing. A request fora guarantee a postponement of your hearing. It is important that you contact Agreement does not location listed below. your inspector at the appropriate Middle Keys. 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305)289-2810 Upper Keys: 102050 Oversees Highway Key Largo, FL 33037(305)453-8808 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 phoning(305)2924441, 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 w. CERTIFICATION OF S E I hereby certify that a copy hereof has been furnished to the above named addressee(s) and Authorized Representative, NICHOLAS W. MULICK, PA via email on 0712=0 and fled to 91645 Hwy, Tavernier, FL 33070 by U.S. First Class Mail on 0712912O. Code mpliance Department Packet Pg. 1965 P.5.b BEFORE T. CODE COMPLIANCE SPECIAL ,GISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, } } Petitioner, ) VS. ) CASE NO.: CE19030156 LEONARDO RODRIGUEZ, ) ) Respondent(s). ) NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY GMENT M PROCEEDINGS & NOTICE OF HEARING Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to F.S. 152.09(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 8/22/19, Book 2981, Page 203 on the property that was the subject of the code compliance action described as:429 BIG PINE RD KEY LARGO,FL 33037, LO MONROE COUNTY, FLORIDA, RE# 00537220000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of May 15, 2020 is $87,310.80 (fines and costs) LU which continue to accrue and increase until the case is compliant and closed. This motion will be considered on July 30, 2020 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., o Marathon, FL 33050. Steven T. Williams Assistant County Attorney 1111 12`h Street Suite 408 m Key West,Florida 33040 (305) 292-3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this 2-6 day of M d , 2020 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. -I D 13 10 40 000 0 4 4 5z3 to 429 BIG PINE RD KEY LARGO, FL 33037. L.VY1 er Code Complf1ce Department 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 ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711". Packet Pg. 1966 P.5.b County of Monroe The Florida Keys a a Code Compliance Department 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 ] FAX: (305)289-2858 David Rice,District 4 Sylvia J.Murphy,District 5 LEONARDO RODRIGUEZ 429 BIG PINE RD KEY LARGO,FL 33037 LO May 15, 2020 r9 Subject: Code Case: CEI9030156 Location: 42913IG PINE RD KEY LARGO,FL 33037 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 LO compliance action and upon any and ail other real and/or personal property you own. CD M Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on July 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: 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, LWt" 2►2p Monica Rodriguez Code Compliance Research Analyst 305-289-2586 Rodriguez-monica@monroecounty-fl.gov Packet Pg. 1967 P.5.b AONROE COUNTY CODE COMPLIJ E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE19030156 Property Location: 429 BIG PINE RD, KEY LARGO, FL 33037 Parcel ID: 00537220000000 LEONARDO RODRIGUEZ 429 BIG PINE RD KEY LARGO, FL 33037 LO T- LO T- 0 0 Packet Pg. 1968 Rodriguez-Monica From: Rodriguez-Monica Sent: Tuesday, May 26, 2020 2:36 PM To: lisa@mulicklaw.com Subject: CE19030156 Attachments: CE19030156.PDF Good afternoon, Attached please find a copy of correspondence mailed to your client. Please let me know if you should have any questions or concerns. MotAica Rodriguez T_ Research Analyst—Code Compliance o, Monroe County Code Compliance 2798 Overseas Highway,Suite 330 Marathon, FL 33050 (305) 289-2586 (Office) (305) 289-2858 (Fax) Courier Stop#11 rod riguez-monica @monroecounty-fl.gov LO T_ ",t �rat�r3 h sea never made a,sl�.illful,sailor" a) -Franklin D.Roosevelt PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING O COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST YOUR EMAIL COMMUNICATION MAYBE SUBJECT TO PUBLIC DISCLOSURE. O 1 Packet Pg. 1969 P.5.b i MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL n. RECEIPTS Complaint Number: CE 19 03 015 6 M MrM n r0° y w CERT #: � � � 6' -10 3 10go woo 4*121 452,3 omo to 0 GOOD SERVICE: ® � o�, NO SERVICE: � c N _. M N �yr N m w Postal Service-r. RECEIPTCERTIFIED MAIL. 3;,{3 to Yj Q �� CD I'Ll (Domestic Mail Only,No Insurance Coverage Provided) On w Lr) For delivery Information visit our wobsite at www.usps.como UJ Postage $ n a y ru .�,�.'" ."-,. i "`r rN U Certified Fee X,r © Return Receipt Fee �ts[mark t ". C3 p (EndorsementRequired) fe i ' C � ON Restricted Delivery Fee `'`. O (Endorsement Required) 4 6^i N O ru = iT =Uu Cti ru EM Total Postage&Fees ; Y ti to 1l � �.. . Seni To rLn Ij - 1ard� }Zacln ulL... "� iq FM', G3 Street,Apt.No.' ¢� I'll -n1 l het - or PO Sox No. 4ry f� �r { ♦ Q�. fL ._3J.�:y_J .. ------.. City,State,ZIP+q � J i �:;ter LQ 303 PS Form 3600,August 2006 See Reverse for instructions r- i > ri iTi kIr 'd jD C�ffr ! L„ + r �?� ;;i.� ➢O N L 1V11b VA T1 t x N 1� C 0 i7 6'1 N ➢ ® l 0� i rrl o (E C . Packet Pg. 1970 P.5.b MOnrROE COUNTY GROWTH_MANAGEMIL.4T AFFIDAVIT OF POSTING Case Number: 19030166 INSP: MCPHERSON, CYNTHIA JJ I, (7 , Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: RODRIGUEZ LEONARDO , described as 429 BIG PINE RD, KEY LARGO, FL 33037 , having the property RE#: 00537220000000 with the Notice of Hearing for this case with a Hearing Date of 07/30/2020. THIS NOTICE WAS POSTED AT: SUBJECT PR PERTY AS STATED ABOVE Date: Time: r T_ Monroe County Courthouse—500 Whitehead Street, Key West, Florida Date: Time: UJI U UJI Monroe County Courthouse—3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse--88820 Overseas Highway, Tavernier, Florida T_ Date: Time: LU U Signature: 0 Sworn to and subscribed before me this f day of CJ 20 0 DIANEof ir'a�s, teK Notar Public State of Florida i ,c Notary Public-Rated Florida Notary , •= Commission to GG 075493 q" My Comm.Expires Feb 21,2021 •'�.°`F:'�• BondedlhraughiYarianalNofaryAssn. CERTIFICATI I. SV, � �� Monroe County Code Co ice, declare under penalty of E perjuro that I mailed a duplicate copy of the above-mentioned Noti vi First Cl sa s Mail to: RODRIGUEZ LEONARDO, 429 BIG PINE RD, KEY LARGO, FL 33037. S Signature: --- Sworn to and subscribed before me this day of . 20 EL NICOLE M.PETRICK h;YCOIt MISSION#Ua 172281 Notary Public, State of Florida _XPIRES:Januiry 3,2022 Bonded Thru Notay Publl^underwriters Packet Pg. 1971 P.5.b ;z r3o d A LO PN s LO T— CD i t a 7N r t rt,)aYv",; r10 � imp `' �ir'r;� p Y�s,!��,�^ 'S�, '�"t� � �S It Cb A&A x ` fi•` Hk t t '1�#MW!r4u d ! hx A ryK 115 F� s mot# M ` rp� "Tit z E ,`r 4 MEN to of Town -00 Al wo b rt �h § .h 4 f w } oo 14 a Won eM $ 'F �dU" i jr P -x t ;� "Nor a �k M as t i v � �. &s � � a�f � s•k{ d I� .s .tY PI-I€.. OS TAKEN BY J??SJTA-:\7DRES I . GAR. .I `OR SR., DIF., Cy` -,,�-r]J.JA N1Cl H1---',RS()'N 07172020 Packet Pg. 1972 P.5.b tpf r 4, s SStttSPSt sS��lityl}Y(FSt S�tat Sr»§ t SS4�tStt t: tIN IQ Sf Sa t t jjt tY i� 1F 1tP m�� tip } t Lo CD CD to t 4 Lo CD CD v Ln I'' t P t f; i PROPERTY POSTING C 1903015 DRIGUE 4-29 SIG FINE RD— KEY LARGO RE:00537220000000 PHOTOSTAKEN BY INSP. ANDRES D. GA IA FOR SR. DIR, CYN T L�, MCPHERSON 07/17/2020 Packet Pg. 1973 P.5.b MONROE COUNTY CODE COMPLIANc.P— AFFIDAVIT OF POSTING CASE: CE19030166 INSP: MCPHERSON, CYNTHIA I, D bQd,�C-7 L.,_( ��, , Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: RODRIGUEZ LEONARDO , described as 429 BIG PINE RD , KEY LARGO, FL 33037 , having the property RE#: 00537220000000 with the Notice of Hearing for this case with a Hearing Date of 07130/2020. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE LO Date: Time: Monroe County Courthouse-500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse - 3117 Overseas Highway, Marathon, Florida Date: Time: LO Plantation Key Courthouse -88820 Overseas Highway, Tavernier, Florida I 2 Date: ��-�.� Time: y 0 Signature: Sworn to and subscribed before me this day of , 2040.. hiY COMMISSION.frGr=;28S& 0 Notary Pu t tat" Florida 11� EXPIRES:OcMar 2 1,2022 ' Bonded ihm Notary Public Undemitars ! CERTIFICATION OF MAILING: Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via Fit lass Mail to: RODRIGUEZ LEONARDO , 429 BIG PINE RD , KEY LARGO, FL 33037 . Signature: f Sworn to and subscribed before me this ,y ! day of Notary Public, State of Florida '%.�F,r;'�'` E?:;,h4@: !` :i..L•'a I. F: Bln�-r11: Packet Pg. 1974 P.5.b t mON �g�g�"t kfy J�s z s}l�l i`�(s+�ss\is>r t�is��41 4 t'¢ `�it,�' �� S; s•3' � A §�<VF A} 1YS c`I tr4 t1 ij li\t4$vdMt'k�� t ,,33 PN ik S kri his dclt 7 _1y i!} sb i r Yi „,(`iits 3t u��'h i'�s, ��s�s�t�'�}@r4 ik�.Y� �t ��i����i�t��'�� ��,+�—s�1� `` , `•*�..�pa l st ti s itit�ilt a i �� �, rt 0r �ei"��ilsk�rta tip �� Ys�tt� t �s�, ?st LO �rst } r t i stlu4is �,4+t }� yes f7� �}s s f��,{ il ,' ?� � '. P• sC r�t t 3 � j��. *•1 t��',�� }�', t i i "i�l s m �m(pqt ti { t a5s (gg ay )c mom_�V ��� !� E 1f't t •� iIN ir;�i F DitM ink 6 t b tdhah t ��t �uS�1r t — s F c a S '.sss •w.;.y.`�,r3t)���Y��S' lt�fb 5.7 �S J71� E}„I�6 31}ss isl .;.,(;rl tti s, r�i� �t s t�i��y;1 rs ilt�s`3 f,1+.. s}1 s 3 r �� — S�5{ Cw '}u , i kt� ti1lt _o-i,, , �,'sl tlal,1 /1 / - 1 3 2-LL Rodriguez 429 big Pine fed-Key Largo courthouse posting of NOtlCef Hearing- by sr., Inspector Link Packet Pg. 1975 County of Monroe f . Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 'CONTINUATION OF CURRENT HEARING DATE AND REMINDER NOTICE OF FUTURE ADMINISTRATIVE HEARING Dear Properly 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. T- PLEASEfTAKNO�TICEthafyou case;currentlysch eduletlforxAiearir�gon MY28 Z02fl �' has>beenkCLU QNT1IVUED _ _ ..� .. ..,,,..W._ ._ A Public Hearing will be conducted by the Special Magistrate on Ju1y S0 . .202_0at:900AM 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 LO 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 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, lease contact Y p 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. Code Compliance Department Packet Pg. 1976 MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Cone Compliance Case CE19030156 Property Location: 429 BIG PINE RD, KEY LARGO, FL 33037 Parcel ID; 00537220000000 LEONARDO RODRIGUEZ 429 BIG PINE RD KEY LARGO, FL 33037 LO T- r9 LO T- r9 0 0 Packet Pg. 1977 BEFORE T(J)CODE COMPLIANCE SPECIAL WISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE19030156 LEONARDO RODRIGUEZ & PILAR ) FRANCO, ) Respondent(s). } LO NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENTCD PROCEEDINGS & NOTICE OF HEARING Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to F.S. I62.09(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 8/22/19, Book 2981, Page 203 on the property that was the subject of the code compliance action described as:429 BIG PINE RD KEY LARGO,FL 33037, LO MONROE COUNTY, FLORIDA, RE# 00537220000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of March 4, 2020 is $65,710.80 (fines and costs) LU which continue to accrue and increase until the case is compliant and closed. This motion will be considered on y e April 3D, 20 A at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., o Marathon, FL 33050. 0 b-- 7. �'� r Steven T. Williams Assistant County Attorney 1111 121"Street Suite 408 Key West,Florida 33040 e (305)292-3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this day of M 0v-&n ,2020 a copy of the foregoing was furnished to Respondent(s) via Certified Mail,Return Receipt Request No. 7 015 4 5 2 0 0003 D 31 g 3`-1 q 1p to 429 BIG PINE RD KEY LARGO, FL 33037. Q�l DiA- 2 Code Compl' a Department 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 ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711". Packet Pg. 1978 County of Monroe The Florida Keys 4 � Code Compliance Department 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 n David Rice.District 4 Sylvia J.Murphy, District 5 LEONARDO RODRIGUEZ &PILAR FRANCO 429 BIG PINE RD KEY LARGO,FL 33037 T- March 4, 2020 Subject: Code Case: CE19030156 Location: 429 BIG PINE RD KEY LARGO,FL 33037 LU 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 W the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code T- CD compliance action and upon any and all other real and/or personal property you own. M Please take notice that aPubl�c_Hearing,will_be.conduc.. by the,Code Conipharice Special Magistrate on Apnl'3D,202(. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint v, 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: 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 ours, Monica Rodriguez Code Compliance Research Analyst 305-289-2586 Rodriguez-monica@monroecounty-t7.!R,,ov Packet Pg. 1979 4P.5.b f- "ROE COUNTY CODE COMPLIA E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE19030156 Property Location: 429 BIG PINE RD, KEY LARGO, FL 33037 Parcel ID: 00537220000000 LEONARDO RODRIGUEZZ & PILAR FRANCO 429 BIG PINE RD KEY LARGO, FL 33037 LO T- LO T- 0 0 Packet Pg. 1980 P.5.b MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: McoO � CIJ o 9 CERT #: F'' as z `° as) a � o 01 15zo 0003 q yid s f . �a to to 020 GOOD SERVICE: v v° NO SERVICE: w 70 - . ..- ca C g �•'y M N Q0U.S. Postal Service'" 0 CERTIFIE D y o . ■ �' r � rrrrrr� ..,� -o r 0 > a- Certified Mail Fee 9 ('� M �� r Q Extra Services&Fees(check box,add fee as appropriate) `" LU ❑Return Receipt(hardropy)' S p © ❑Return Receipt(electronic) $ i , {p,( �tr �J Q Certified Mail Restricted Delivery $ �\\` J,t,J© © ❑Adult Signature Required $ >✓' , —0 g Adult Signature Restrcted Delivery$% 03 p Postage j W 0. 13J n H W 0. a Total Postage and Fees cr ✓,0 '�' H Lr) Seat To $PS W 'a OI�GIYdn �{f�---- ----------- V - C3 Sheaf a dApf.pro-,or PO& o. J ut 3� 33037 _�, zM1T1 rA PS Form ZWOO,April 2015 PSN 753M2-000-IjO47 'See Reverse for instruction LQ-U C Lo ITI _ TI z to OOM a Cn Dim 0 ]4 z t.a - 4i1 Packet Pg. 1981 AN P.5.b BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, } } Petitioner, ) VS. ) Case No.: CE19030156 LEONARDO RODRIGUEZ, ) T- Respondent(s). ) ORDER AUTHORIZING FORECLOSURE A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained OW unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office LO - CD of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this da o L2020, at the Marathon 0 Government Center, Marathon, Florida. 0 John G. am Special Magistrate CERTIFICATE OF ORDER I hereby certify that t is 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/first class U.S. mail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative, ,f J C�7 dlCi G on this ' r6day of O , 2020. } Nicole M. Petrick, Liaison Packet Pg. 1982 P.5.b • County of Monroe • Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: PILAR FRANCO & LEONARDO RODRIGUEZ Case Number: CE19030156 13400 SW 83 AVE MIANII FL 33156-6610 LO T- Location: 429 BIG PINE RD , KEY LARGO Re Number: 00537220-000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 03/21/2019 and subsequently found the following violation(s) of the Monroe County Code: LO T- MCC Sec. 110-140.(a) - BUILDING PERMIT REQUIRED/CH 6 THE IMPROVEMENTS/REPAIRS (ADDITIONAL LIVING AREA,ELECTRIC AND PLUMBING) IN THE GARAGE/LAUNDRY AND STORAGE AREAS, CONSTITUTE WORK UNDERTAKEN OUTSIDE THE SCOPE OF BUILDING PERMIT 19300366 AND THEREFORE ARE UNPERMITTED. c 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. MCC Sec. 1224(a)(9) - FLOODPLAIN STANDARDS ALL ALTERATIONS, REPAIRS, AND/OR IMPROVEMENTS TO THIS PROPERTY MUST COMPLY WITH FLOODPLAIN STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD. Corrective Action Required: CONTACT THE FLOODPLAIN COORDINATOR FOR THE REQUIREMENTS TO OBTAIN AN AFTER THE FACT PERMIT OR DEMOLISH AS DIRECTED. ALL PERMITS REQUIRE PASSING FINAL INSPECTION(S). Packet Pg. 1983 MCC Sec. 6-101(d) -PERMIT CONDITIONS WORK CONDUCTED BEYOND A PERMIT CONDITION IS CONSIDERED BEYOND THE SCOPE OF THE PERMIT AND IS A VIOLATION OF MONROE COUNTY CODES. THE IMPROVEMENTS/REPAIRS (ADDITONAL LIVING AREA, ELECTRIC AND PLUMBING) TO THE GARAGEILAUNDRY AND STORAGES AREAS, CONSTITUTE WORK BEYOND THE APPROVED CONDITIONS OF PERMIT 19300366. Corrective Action Required: Contact the Monroe County Building Department regarding the conditions of your permit. Changes or alterations to your LO existing permit may be necessary and will be determined by r- the Growth Management Department. LU PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 04/26/2019 at 9 AM at the Monroe County Government Regional Center,2798 ,Overseas Hwy., Marathon,Florida. ( 14) You can avoid attending the hearing if all violation(s) noted above are corrected by 04/18/2019 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not W corrected by the time specified, the case may be presented to the Special Magistrate even if the violation T- 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 in nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate c 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. 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 Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing: I!&- 2 P.5.b 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. 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 a priate location: T- 1 WINDSOR, KATHLEEN c, Code Inspector Windsor-kathleen@monroecounty-fl.gov Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2810 -- Upper Keys: 102050 Overseas Highway n Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE 0 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 1537 0247 on.04 of t Co e Cam e e ent 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 prior to the scheduled meeting; if you are hearing or voice impaired, call "711". qzR 3 Packet Pg. 1985 P.5.b MONROE COUNTY FLORIDA A CODE COMPLIANCE DEPARTP �- •lii `Gl k4i ,.� REGISTERED MAIL ;.;;c?W 0n RECEIPTS G�,��i IE N rKi �`7 Complaint Number•. } �i�j f� Q N A 01 S N06 ra s•� C LIN41 0 0 c: Vi V1 w off-0360--d------— D Cl l (FOOD SERVICE: NO SERVICE: M .� •� 2 ru C3 ti ■. � C3 tt:E Postal ' to CERTIFIED RECEIPT MAIL" M r9 ru . / of a F Certified Mail Fee MA r l Extra SerVices$Fees(checkbox,add fee as apprepnate) r ❑Haim Receipt(hardcopy) Irt,E Jf ❑Relum Receipt(electronic) $ Qst alk ❑ M 3 i i Certified Mail Restricted Oellvery S 7y3 H f enZ. Adult Signature Required $ r... 1 - ,,,...,,,III �JAdult Signature SestrictedDeltvery$ []Adult ) 0 Postage' I rn C3 Total PaSta�1 PILAR FRANCO &LEOI ARDO ; ; 1-4 cc Sent To 13440 SW 83 AVE :T~ `o kn C3 SfreefaridAE MIDI FL 33156-6614 . U U C> _,. — ------------'1------------------------------------- r+ E ., r,. WQ � a � � U 0 .J,t Packet Pg. 1986 e �s}s� ��aiu wf �'fU s Yea, 11 ris- E�� s� �- s`ss��� f s i qs xssl�is ah lat sTs��`'f"`f7�rit „ .f r �41t s , �ts�� sds"�t �fla, it ftt� a s 4 s� �f - IU 1 LO {ttI'Alif �\f CRrtyS �r4�4sa i s{� �jii,�?�iir�sS�Sf f7S�i "'Sd Ci CD - M WORK-- i' p �N�y LO CD 1 � CD a) U U) c 0) 4 Uzt T�fR, n ��, "f '"� S� 1 / /20 - 1 03 1 m o t el NOV/Hearin NOV/Hearing at Property rty r '2 Big Fine Rd-Key Largo �1�` photos by Sr. hi pector Lire Packet Pg. 1987 tf� P.5.b "A I ii€ ti s f€ ca7t t Ice } t�y -1 y4 \11 ItSi t uh - Q7 il,Ti l ) � t l�(fit: r\ i. y n LO w 4 CD (r f 81 J } ( SF }t r d t t ANN LO T_ CD P' CD sV�1 g s yy { ,St F1 r (/j Op t tj r U) r u t E r �F 13/ 919- 1903 1 -Posted NOV/Hearing NOV/Hearing at Property , l 429 Big Pine -Key Largo photos y Sr. Inspector Link �� G Packet Pg. 1988 P.J.U' - �T "a - r��F� r,� r� F �"-�-§� � � �t1 i� j�S I tS ? �} (r �i tit"� �x-=S•- � -Y'. - i �t1 s r t � r tlt r, r � 4 �� i 4 S t r LO � r _ rUrr r CD 4j CD a9 uj rl r r rr CS r f to LO CD CD k`,CAYr^ v RMY� ��tr ' r `y `t r. i M r r t 1, WIF N'nrYt�s�^a t�i1 a r, 1t ist 'a s fi " U) fi 4il!CV!k t It Sy U) _j CA �.<' 1 Off .F fF� �i$ C s G r^- .., i �1/ / 1 - 1 15 -Pasted NOV/Hearing at Courthouse 429 Big Piro -('fey Largo 4 ` photosSr. Mspectr Link Packet Pg. 1989 P.5.b MONROE COUNTY CODE COMPLIIANCE AFFIDAVIT F POSTING CASE: CE19030156 INSP., WINDSOR r' Monroe County Code Compliance, declare under penalty of perjury, that i posted the property owned y: FRANCO PILARRODRIGUEZ LEONAR , described as 429 BIG PINE RD , KEY LARGO, FL 33037 , having the property ; 00537220000000 with the Notice c)f Violation/Notice of Hearing for this case with a Hearing Date of 04/26/2019 . THIS NOTICE WAS POSTED AT. SUBJECT F DER STATED ABOVE LO Cite: Time: fi . Monroe County Courthouse 500 Whitehead Street, Key Vilest, Florida Cate: Time: Monroe County Courthouse 3117 Overseas Highway, Marathon, Florida W Date: _. "ir e: LO T- Plantation K Cori douse - 33320 Overseas Ffigh ,, > ref r. Florida LU X U Cate. J Tim c r Signature: � �. ' Sworn to and subscribed Before me this day of J �` � 209. G I N na ft GG 269690 OP& NotS.0dobee I o .orifa * �k�t CERTIFJICATION OF MAILING: Monroe County Code Compliance, declare under penalty of perjury,; that f nailed a duplicate copy of the above-mentioned Notice via First Class Mail t€: FRANCO PILAF 1F Fff U-Ez LEONA DO , 1 400 SW 33 D AVE , MIAMI, F 616610 . Signature. Sworn to and subscribed before rye this - day of rvi 20 _. f Florida w � My COMM ISSM#G7,1722 t31 EXPIRES:Jar dory s 20222 lr a, d rstr $ Yd �li f� f Y 3 i i 74 {" Packet Pg. 1990 is . P.5.b Monroe County Code Enforcement Monroe County, Florida VIOLATIONS REFERRAL FORM TO: Code Enforcement REFFERED BY: Floodplain Office DATE: 3/28/19 T_ TYPE OF VIOLATION: After-the-fact improvements to unpermitted living space in T_, former garage. LU U ACTION TAKEN: Referred to Code Enforcement. LU COMMENTS: Permit 19300366 was issued for after-the-fact replacement of windows on an existing garage. The original mobile home permit is not on file. However, a permit LO for an addition to the mobile home, C-8616,was issued October 31, 1980. The site planCD provided at the time noted that this space was a carport and laundry area. Permit LU 95300645 for reroof noted that this space had been converted into a garage; however, no subsequent permit allowing the conversion of the garage to habitable space is on file. A photograph from March of 2017 on the Monroe County Property Appraiser's website shows the garage door open and no living space in the area. MCPA also notes the year built date of this structure as 1980, making it Post-FIRM. Inspection on 3/21/19 shows new windows, a bathroom, and a completely habitable space, all of which are not a part of the scope of work. If the Applicant's work has exceeded 50% of the adjusted market value of the structure, the structure must be brought into compliance with all applicable Floodplain regulations. PERMIT NUMBER: No original permit on file. Permit C-8616 for an addition to the mobile home was issued on October 31, 1980. Also,there are no permits to enclose the garage or convert it to habitable space. ' Packet Pg. 1991 P.5.b OWNER OF PROPERTY: Franco PiIar and Leonardo Rodriguez LEGAL DESCRIPTION: Lot 9, Block 12,Lake Surprise Estates,Key Largo STREET ADDRESS: 429 Big Pine Road ZONING: URM SUBDIVISION: Lake Surprise Estates KEY: Key Largo RE # 00537220-000000 PLEASE ATTACH ANY DOCUMENTS, (COPY OF STOP WORK/VIOLATION NOTICE OR NAMES OF ANY CONTRACTOR/SUB-CONTRACTOR OR WORKER(S) LO INVOLVED IN THE VIOLATION, ANY OTHER NOTICE ISSUED TO PROPERTYCD OWNER),PICTURES, ETC.,PERTAINING TO THIS VIOLATION. c, LO 0 0 e - i Packet Pg. 1992 Planning & Environmental Re, ter 'County Network) Fie i"Ik.!'= g& EnWroI:mC.f3 al Resources(County I zC:t;'xf,crk) 4 ' I ' I I 4 FE o `�erit�t 20M LO P• Rid nl wc4ear Fircas it Ti. 0-1111 strict= Uj L FLU blf iMN=r OttSt ^� t F � - t Wl Z r r LO Yml M w r r t tv '> �e+j�t4 ��iru YT�II% t 3 �7��! t v `,rU, v;,1�r 0 ED ..ems Packet Pg. 1993 lifii-il?,,rl= p G I B l € I41P hI 77707 P.5.b '} N ya �t >.1t1v ��i �a Lo r ° CD CD ti W :ss......� Lo 1 C9 CD CD �,; s1�r itty$ Y y�t� � - � C• Ni r Ar it Cb a � S 9� E a s�3 At,t�i�St�k11��t�t i 1 9030156 429 BIG PINE RD, KEY LARGO 3/21-20'19 MP EDWARDS a � t s Packet Pg. 1994 P.5.b ))CS jjj Lo + i CD kt i�1 t7 + t 4 SAr k,(yr �, KSt 4, CD CD Ch " ty 0 i f () h a (j {t$J u Xi„rs}+.�1 Ursl i t J " Cb Cu 1 9030156 429 BIG MNE RD, KEY LARGO Packet Pg. 1995 P.5.b Windsor-Kathleen From: Bursa-Karl Sent: Thursday, March 28, 2019 10:13 AM To: McPherson-Cynthia;Windsor-Kathleen;Wingate-Mary; Edwards-Chris Subject: Code Referral for 429 Big Pine Road, Lake Surprise Estates, Key Largo (Permit 19300366 Attachments: IMG_4664 jpg; IMG_4661 jpg; IMG_4666jpg;429_Big_Pine_19300366_2017.png;429 _Big_Pine_19300366_Code_Referral.pdf Ladies: I've attached a Code Referral for work beyond the scope of a permit and possible Substantial Improvement of a Post- FIRM structure. LO Please contact me with any questions. Karl W. Bursa,AICP, CFM Chief of rioodplain Regulatory Operations Monroe County Building Department Key Largo Office Ii�.�rs��-I�arl(ry�:loriroeC�tlt.u�t4'-�''I a.C.T<arr (305) 453-87 59 LO T_ 0 0 U F �et Pg. 1996 County of Monroe The Florida Keys P s_J Code Compliance Department �/'Y Board of County Commissioners 2798 Overseas Highway ' Mayor Sylvia J.Murphy,District 5 Marathon,Florida 33050 Mayor Pro Tem Danny L.Kolhage,Distric Voice:(305)289-2810 t;, Michelle Coldiron,District 2 FAX: (305)289-2858 �. �. Heather Carruthers,District 3 David Rice,District 4 LEONARDO RODRIGUEZ 429 BIG PINE RD KEY LARGO,FL 33037 LO September 5, 2019 Subject: Code Case CE19030156 c, Property Location: 429 BIG PINE RD, KEY LARGO,FL 33037 Lu Real Estate No.: 00537220000000 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 W continue to run in the amount of$300.00 per day until the property comes into compliance. T_ r9 Additionally, a lien against your property was recorded in the Official•Records of Monroe County on August 22, 20PLu Book 2981,Page 203. The current amount of the County's lien is$11,333.20(fines and costs)which continue to accn u and increase until the case is compliant and closed. 0 This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other re, and/or personal property you own. You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe Count Code Compliance Department;Attention:Nicole Petrick;2798 Overseas Highway,Suite 330;Marathon,Florida 3305( 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, Laura B. Goodman Code Compliance Collections Facilitator 305-289-2580 Goodman-Laura@monroecounty-ft•gov Cc: Pilar Franco 13400 SW 83rd Ave Miami,FL 33156-6610 Packet Pg. 1997 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA Doc#2233661 BJdt 2981 Pg#203 Recorded 8/222019 10:3€AM Page 1 of 3 MONROE COUNTY FLORIDA, Petitioner, Filed and Recorded in Official Records of MONROE COUNTY 1►EYN iNUXDOK,CPA VS. PILAR FRANCO&LEONARDO RODRIGUEZ Case No.: CE19030156 Respondent(s). Subject Property Real Estate Number: 00537220-000000 FINAL ORDER LO T_ 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: LU LU U The Res ondent(s)and/or Authorized RepresentativeLU were/ ere present and did 191 no ontest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorpora a herein as if fully set fort 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 served upon the Respondent(s). LO ( ) ONE-TIME FINE-The violation(s) is found to be irreparable or irreversible and a one-time fine of$ 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 LU be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is y closed. 0 (1/) The Res on��.ent(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: 110-140.(a). $-IbD.-bD 122.4.(a)(9) $ I bp , j b 6.101(d) $ D O• d� for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)islare 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: Page 1 Packet Pg. 1998 P.5.b 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 the 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 month; and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to MonroE County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330 Marathon, FL 33050. IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IE COMPLIANT BY CALLING CODE COMPLIANCE AT 305 453.8806 FOR THE UPPER KE -2810 FOR THE MIDDLE KEYS; (305)292-4495 FOR THE LOWER KEYS. DATED this—Wl-14 day of_ T 20 . aningham, Special Magistrate APPEAL_ PROCEDURES T- Respondents) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by fling a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL Lu MAGISTRATE, ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER -- I hereby certify that this i true and correct copy of the above Order. T- Nicole M. Petrick, Liaison y 0 CASE !NUMBER: CE19030156 0 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: FILAR FRANCO & LEONARDO RODRIGUEZ 13400 SW 83RD AVE M IAM i, FL 33156-6610 Location of subject property: 429 BIG PINE RD KEY LARGO, FL 33037 Real Estate Number: 00537220-000000 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 1 fir oss u_s___meil to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative SERGIO L. MENDEZ, ESQ. on thisday of e 7U/7el 20 Nicole M. Petrick, Liaison Page 2 Packet Pg. 1999 t7 P.S.b County of Monroe The Florida Keys Code Compliance Department Board of County Commissioners 2798 Overseas Highway David Rice,District 4 Marathon.Florida 33050 Mayor Sylvia Murphy,District 5 Voice:(305)2$9-2810 - Mayor Pro Tern Danny Kolhage, l FAX: (305)289-2858 Mayor Pro TernMichlee Coldiron,District 2 Mayor Heather Carruthers,District 3 LEONARD RODRGUEZ 429 BIG PINE RD KEY LARGO FL 33037 cc� CD November 25, 2019 "' LU Subject: Code Case: CE19030156 Location: 429 BIG PINE RD, KEY LARGO FL 33037 Dear.Property Owners, The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of LO the code compliance action and upon any and all other real and/or personal property you own. T' r9 Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the fines continue to accrue in the amount of$ 100.00 per day until the property comes into compliance. A daily fine U of$ 300.00 per day has currently accrued for 115 days for a current total of$34,500.00. e 0 Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and 0. those costs are included in the lien authorized under F.S. §162.09(3). To date,these costs are$265.60 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is$34,733.20 and fines and costs will continue to accrue until compliance is achieved and payment is received. Respectfully yours, Cynthia J.McPherson Sr. Director Code Compliance 305.289.2508 i�'IChherson-CV11th1'1 CO)111onr0ecou fit V-�I.goV Packet Pg. 2000 r P.5.b _ S �, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Michelle Coldiron.District 2 The Florida Keys Mayor Pro Tern David Rice.District 4 Craig Cates.District i Eddie Martinez.District 3 Mike Forster,District 5 LEONARDO RODRIGUEZ 429 BIG PINE ROAD KEY LARGO, FL 33037 P lJ December 4,2020 Subject: Code Case: CE19030156 Location: 429 Big Pine Road, Key Largo,FL Dear Property Owner(s), Monroe County, Florida has imposed a lien against your property as a result of the above-referenced code W compliance action. This lien on the property resulted from the code compliance action and may be imposed upon T- T- all other real and/or personal property you own. Additionally, our records indicate that the violations remain 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$300.00 per day has currently accrued for 493 days for a current total of$147,900.00. o Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special 0 Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and those costs will be included in the lien as authorized under F. S.162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. The Code Compliance department will continue to monitor this property. Failure to bring your property into compliance in a timely fashion (as established in the compliance action or by the Court) will result in the County seeking litigation to foreclose the existing lien. Respectfully yours, Monica Rodriguez Code Compliance Research Analyst(305) 289-2586 rodri_ttez-monica@monroecounty-fl.aov. Code Compliance Department 2798 Overseas Hwy Ste 330 Marathon FL 33050 102050 Overseas Hwy Ste225 Key Largo FL 33037 Voice: (305) 289-2810 FAX: (305) 289-2858 Voice: (305)453-8806 FAX: (305)453-SQIl Packet Pg. 2001 4122/2021 gPubiic.net-Monroe County, FL-Report:00537220-000000 qPublic.net"' Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the Countysolelyfor the purpose of fulfilling its responsibility to secure ajust valuation for ad vale rem tax purposes of all propertywithin the County.The Monroe County property Appraiser's office cannot guarantee its accuracy for any other purpose,Likewise,data provided regardin one tax year may not be th ap licable in prior or subsequent years.By requesting such data,you hereby understand and agree that e 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 1660736 Ant#Property 10.000000 MillageGroup BOOK Location 429 BIG PINE Rd,KEY LARGO Address Legal - ESTATES KEY LARGO PB4-162 OR587-760 OR1.333-586 DR1333-587 - Description OR1333-588OR2841-850/S1OR3013-275 f P4te [IUntc:Not in be used on legal documents) Neighborhood 1918 i rr tfJ Property MOBILE HOME SUB(0200) l ClassCD f , Subdivision LAKE SURPRISE ESTATES Sec;lwp/Rng 31/60/40 `' Affordable No Housing r�, 10 1%1 111 A "I N W Owner RODRIGUEZ LEONARDO 429 Big Pine Rd Key Largo FL 33037 Valuation 2020 2019 2018 2017 l + Market Improvement Value $87,263 $90,926 $67,795 $44,657 r CD + Market Misc Value $33,399 $28,644 $25,745 $25,750 f Market Land Value CD $272,340 $248,310 $248,310 $186,900 �y = Just Market Value $393,002 $367,880 $341,850 $257,307 r = Total Assessed Value $393,002 $367,880 $341,850 $255,343 (, School Exempt Value ($25,000) $0 $0 $0 N School Taxable Value $368,002 $367,880 $341,850 $257,307 0 Land Land Use Number of Units Unit Type Frontage Depth MOB HOM CANAL(020C) 6,000.00 Square Foot 60 100 Mobile Home Buildings Style MANUFACTURED HOME Roof Type FLATORSHED Build-ingType S.F.R.-M1/MI Roof Coverage ASPHALTSHINGL ¢' Finished Sq Ft 1546 FlooringType PLYWDIPR BD � Stories 1Floor Heating Type FCD/AIR DUCTED with 0%NON'.E Condition AVERAGE Bedrooms 2 Interlor Walls MASONRY/MIN Fult Bathrooms 2 Exterior Walls CUSTOM Half Bathrooms 0 Year Built 1980 Grade 400 ¢' Effective Year Built 1990 Number of Fire PI 0 Foundation CONCBLOCK "hard Items Description Year Built Rolf Year Quantity Units Grade CONIC PATIO 1975 1976 1 600SF 2 CONC DAVITS 1979 1980 1 1 UT 1 SEAWALL 1979 1980 1 180SF 2 CONCRETE DOCK 1979 1980 1 2405F 4 UTILITY BLDG 1979 1980 1 27 SF 2 MH ROOF 1983 2017 1 1300 2 FENCES 2018 2020 1 1145F 2 FENCES 2019 2020 1 360SF 5 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 6/21/2019 $0 Quit Claim Deed 2259512 3013 275 16-Unqualified Improved 2/27/2017 $300,000 Warranty Deed 2112291 2841 850 19-Unqualified Improved 2/1/1974 $17,o00 Conversion Cade 587 760 Q-Qualified Improved https://gpubl'iD.schneidercorp.com/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4 PageID=7635&Q=2003070232 KeyV Packet Pg. 2002 4/22/2021 gPublic.net-Monroe county,FL-Report:00537220-000000 Permits Number : Date Issued DateC©mpieted : Amount ® PermitType Q Notes 19300366 3/20/2019 3/25/2019 $2,500 Residential INSTALL(2)WINDOWS INGARAGE 19300365 3/18/2019 $1,200 Residential DEMO-PORTIONS OF CHAIN LINK&WDDDFENCE View Tax Info View Taxes for this Parcel Sketches(dick to enlarge) 15 17 � — 1 PTO ey (602) OPF .. _ (448) LO 69 .r CD 26 CD 4 r M r 1 5 7 F1 (1546) FT (1 ) 12 4 r CD CD GB 41 (335) r fJ 24 24 0 0 14 6f ' 14 1 12 17 Photos t y 1 r II ES yits} � � t� https://gpublic.schneidercorp,cam/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4&PagelD=7635&Q=20,03070232&KeyV Packet Pg. 2003 4122/2021 gPublic.net-Monroe County, FL-Report:00537220-000000 Map LA TRIM NoticeLO cg T- r9 2020 Notices Only tUj J No data available for the following modules:Buildings,Commercial Buildings,Exemptions. Schneider - en T- CD CD c https://gpublic.schneiderctarp.c€amlApplication,aspx?AppID=605&LayerlD=9946&PageT pe4 =4 PageID=7635&Q=2003070232&Keyva Packet Pg. 2004 SAM C. STEELE, C.F.C. 2020 Paid Real Estate ` MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS .. PROPERTY + . ACCOUNT# M 1660736 50OK 1660736 to o0 0 o g C, 005 RODRIGUEZ LEONARDO K. W w 37220000000316040 429 Big Pine Rd 429 BIG PINE Rd a b m Key Largo,FL 33037-3104 0IN`, BK 12 LT 9 LAKE SURPRISE ESTATES KEY LARGO Ma PB4-162 OR587-760 OR1333-586WS OR1333-587AFF Q m OR1333-588D a IY a AD VALOREM TAXES •' gu • • • SCHOOL STATE LAW 305-293-1400 1.5640 393,002 25,000 368,002 575.56 SCHOOL LOCAL BOARD 305-293-1400 1.7880 393,002 25,000 368,002 657.99 GENERAL FUND 305-292-4473 0.M70 393,002 50,000 343,002 263.08 F&F LAW ENFORCE JAIL 305-292-7017 1.7677 393,002 50,000 343,002 606.32 HEALTH CLINIC 305-296-4886 0.0434 393,002 50,000 343,002 14.89 z GENERAL PURPOSE 305-292-4473 0.1725 393,002 50,000 343,002 59.17 p, MOSQUITO CONTROL 305-292-7190 0.4508 393,002 50,000 343,002 154.63 z" M C LOCAL ROAD PATROL 305-292-7017 0.3484 393,002 50,000 343,002 119.50 T, c9 SFWM DIST 800-432-2045 0.1103 393,002 50,000 343,002 37.83 o, T_ rrt.y.. OKEECHOBEE BASIN 800-432-2045 0.1192 393,002 50,000 343,002 40.89 05! i'�, EVERGLADES CONST PRJT 800-432-2045 0.0380 393,002 50,000 343,002 13.03 Z Z:Z;-' K L FIRE RESC&EMERG MEDICAL 305-451-5517 1.0000 393,002 5000 343,002 343.00 T c© r r�.:0; LU a:o a: Ca n .. ,.. m LU TOTAL MILLAGE 8.1693 AD VALOR EM TAXES $2,885.89 O NON-AD VALOREM ASSESSMENTS AUTHORITYLEVYING TELEPHONE AMOUNT w MO CO SOLID WASTE 305-295-4323 407.00 LLO K L WASTEWATER II UNINCORPORATED 305-451-4019 302.91 T_ M r MIN U 0 NON-AD VALOREM ASSESSMENTS $709.91 COMBINED TAXES AND ASSESSMENTS $3,595.80 See reverse side for 0. important information. 0, If Postmarked BY:,,: , Mar 31 2021: Please Pay. $0.00` IF PAID 8Y f/j 2020 Paid Real Estate MO R COU STEELE TAX pi C.TOR. NOTICE OF AD VALOREM TAXES AND NON AD VALOREM ASSESSMENTS PROPERTYID# ESCROWa MILLAGE CODE • w 1660736 - 500K 1660736 U 00537220000000316040 Q RODRIGUEZ LEONARDO 429 BIG PINE Rd 429 Big Pine Rd Key Largo,FL 3 3 037-31 04 BK 12 LT 9 LAKE SURPRISE ESTATES KEY LARGO x PB4-162 OR587-760 OR1333-586RIS 3 OR1333-587AFF OR1333-588D z rt D Iw CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO SAM C.STEELE,C.F.C.TAX COLLECTOR•P.O.BOX 1129,KEY WEST FL 3 3 0 4 1-112 9 If Rostmarked,By, Wr31_;2021 Please Pay = $0:00 Paid 03/29/2021 Receipt# 108-20-00002161 $867.23 Paid By GABRIELLA&PILAR FRANCO Packet Pg. 2005