Loading...
Item T2 Board of County Commissioners Agenda Item Summary Meeting Date 2/18/2004 Division County Attorney AGENDA ITEM WORDING Approval of initiation of collection proceedings against William L. Davis for $29,500.00 and to release lien against property owned by Karina Miranda. ITEM BACKGROUND Code Enforcement filed a notice of violation against William L. Davis for building without a permit and working through a stop work order. The Special Master imposed a one time $1000 fine for working through a stop work order and daily fine of $500.00 per day. Davis sold the property to Ms. Miranda two days before the County's lien was recorded. At that point, the fines against Davis were $29,500.00. Davis never informed Miranda of the pending code enforcement case. In the interim, Davis was arrested on federal charges and is being prosecuted by the US Attorney's office. That office has filed a forfeiture action against property. Despite that cloud on the title, Ms. Miranda has worked diligently to bring the property into compliance and cure Mr. Davis'violation. Regardless of the outcome of the forfeiture case, the County's lien would be unenforceable against the property. Because she was never informed of the code enforcement problems on the property, Ms. Miranda appears to have been a victim of fraud by Mr. Davis. In light of her suc=cessful efforts to achieve compliance, despite a cloud on the title, the equities of the situation suggest that the lien should be released. The County can still pursue collection against Mr. Davis and his remaining assets. PREVIOUS RELEVANT BOCC ACTION None. CONTRACT I AGREEMENT CHANGES None. STAFF RECOMMENDATIONS Approval. TOTAL COST -0- COST TO COUNTY APPROVED BY: BUDGETED Yes No SOURCE OF FUNDS County Attorney - OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL~O~~ 02-102.\." OHN R. COLUNS DOCUMENTATION: Included xxo To Follow 0 Not Required 0 AGENDA ITEM # y;)- 10 (I') 1'00 mrf 1O~ 1.00. SN (l')m ~I' ooM ~# H~ l%.lD ~ ~ ~~ ..00 r-l~ r-lU - NOO sC> s~ NO:: H ~~O r-l~ S::~ ::s 1"'):>4 o~ U~ ~o . <., .. MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE ENFORCEMENT SPECIAL MASTER OF MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, vs. CASE NO. U3-02-1254 WILLIAM L. DAVIS Respondent(s). / ORDER IMPOSING PENALTYILIEN THIS CAUSE having come on for public hearing before the Special Master on March 28th 2002, after due notice to the Respondent(s), at which time the Special Master heard testimony under oath, received evidence, and issued his Order finding the Respondent(s) in violation of Monroe County Code Section(s): ~9.5-111(a) - A building permit is required for a slab and a shade structure; ~6-46 - Working through a stop work order / red tag; ,. Said Order required the Respondent(s) to pay a fine in the amount of $1,000.00 (ONE THOUSAND DOLLARS) for working through the stop work order and to correct the violation(s) by April 18th 2002, and further, that failure to correct the violation(s) by the compliance date may result in a fine per day being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Master held on May 20th 2002, Inspector Kerr testified that the violation(s) had not yet been corrected. ACCORDINGLY, the Special Master finding that the violation(s) had not been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $500.00 (FIVE HUNDRED DOLLARS), per day, beginning April 19th 2002, and for each and every day thereafter that the violation(s) exist(s) and/or continue(s) to exist. Pursuant to ~6-46, Monroe County Code, a fine in the amount of $1,000.00 (ONE THOUSAND DOLLARS) is hereby levied for working through a stop work order. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR(S). lO (T) I'm mn lO~ lOn. SN (T)m :1' oon H* H~ I%. III THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: CALUSA CAMPGROUND A CONDOMINIUM UNIT 229 & 1/367% COMMON ELEMENTS KEY LARGO, MONROE COUNTY, FLORIDA (RE: 00541810-000228) Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the Courts for Monroe County, Florida. . That upon complying, the Respondent(s) shall notify the Code Inspector in this case, who shall reinspect the property and notify the Special Master of compliance. DONE AND ORDERED this -f:z- day of June, 2002, at the Monroe County Government Regional Center, Marathon, Florida. BY J. Jefferso Code E 0 STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared J. Jefferson Overby, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. /. WITNESS my hand and official seal in the County and State last aforesaid this --Y1- day of June, 20 . ",tlY PlI... OFRClALNOTAFlYSEAL 0'" V"(.,.IAOOUEUNe LMClAH . ~ OOMlotlSSlONNUUBEA ~ CC881m 7~ ~ IotY<XlMUJSsIcNEXPIRES OF f\.O OCT. 21 .. I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing PenaltylLien has been furnished by jJ.S. Mail, to the Respondent(s) at 1509 N. 46th A venue, Holloywood, FL 33021, this ~ day of June, 002. MONROE COUNTY OFFICIAL RECORDS / Karina Miranda 201 NW 48 Court Miami, Florida 33126 (305) 333-4491 RECE:1VED 'JAN 13 2004 MONROE COUNTY ATTORNEY January 9, 2004 Mr. Bob Shillinger, Assistant County Attorney P.O. Box 1026 Key West, Florida 33041 Re: Case No, U3-02-1254 Monroe County vs, William L. Davis Dear Mr. Shillinger: " On June 10th, 2002, I purchased a property located at Calusa Campgrounds, 325 Calusa Street, lot 229, Key Largo, Florida from Mr. Davis. At the time ofthe closing the title company's search showed no liens or clouds on the title. After the closing I visited the campgrounds and there I met the manager, Ms. Shirley Woods. She was surprised that I had bought the property because to her knowledge the property had a lien for noncompliance of building codes. She was kind enough to direct me to Tom Kerr who gave me copies of the case file, which reflected the accruing fines. I contacted Marlin Title Company in hopes they may have some answers as to how could this happen. They said that the county had not recorded the lien, therefore, there was no way it could show up in a title search. On June 11th, 2002, I hired Blue Waters Engineers in order to bring the property into compliance, After having unexpected expenses, days of physicallahor from my family and myself, and months of waiting for answers, we finally passed the final inspection. It is with this letter that I ask you to consider the facts and understand that I was a victim of fraud. I have complied with everything on my part in bringing the property up to code and now ask that the property along with my name be released of any fines and lor citations that Mr. Davis may have received. If you have any questions, please do not hesitate to contact me at the abovementioned address or phone number. I thank you for your attention to this matter and await a response from you. Sd:: KL k::~a ."