Item S04
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
4/21/04
Division
County Attorney
AGENDA ITEM WORDING
Authorization to initiate litigation to collect code enforcement fines that had been imposed against
Marcos Caso and James Jeanquenat and for authorization of the County Attorney's office to
negotiate settlements, if appropriate, in each cases.
ITEM BACKGROUND
Caso: On 11/19/03, the Code Enforcement Special Master imposed a daily fine (retroactive to
10/24/03) of $100.00 against Mr. Caso's property on Stock Island for building a fence and awnings
without a permit. As of 3/31/04, the fence was still in violation. On that date, the Special Master
authorized the initiation of collection proceedings of the fine and costs which totaled $16,100.00.
Jeanquenat: On 8/7/03, the Special Master imposed a daily fine (retroactive to 7/25/03) of
$500.00 per day for five violations of the code, i.e., trash & debris; no home occupational license;
abandoned vehicles; abandoned watercraft; and set back violations. On 3/31/04, the Special Master
authorized the initiation of collection proceedings because the violations had not been cured nor had
the fine and administrative costs of $125,600.00 been paid.
PREVIOUS RELEVANT BOCC ACTION None.
CONTRACT I AGREEMENT CHANGES None.
STAFF RECOMMENDATIONS
Approval
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:~~M
JOHN UN
DOCUMENTATION: Included xx To Follow 0 Not ReqUired 0
AGENDA ITEM #
~4
MONRO! COUNr~
O',rCrAL RBCORDS
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS.
CASE NO. U~3-88
(CE03040151)
JAMES T. JEANQUENAT
ResPondent(s).
I
ORDER IMPOSING PENALTYILIEN
THIS CAUSE having come on for public hearing before the Special Master on June
26m 2003, after due notice to the Respondent(s), at which time the Special ~ heard
testimony under oath, received evidence, and issued his Order findJng the
Respondent(s) in violation of Monroe COUnty Code Secdon(s): f8-30(a)(e) - 'frash &
Debris; 19.5-242(a)(4) - Home Occupational license required; 119-95 - Ab8ndoned
vehicles; 119-96 - Abandoned water craft; 19.5-281 - Setbacks;
Said Order required the Respondent(s) to correct the violation(s) by July 2411l 2003, and
further, that failure to correct the violation(s) by the compliance date may rC$ult in a
fine of $100.00, per day, per count, being imposed for each day thereafter that there is
noncompliance. At the meeting of the Special Master held on July 311t 2003, ~or
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 July ~
2003, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount
of $100.00 (ONE BUNDRED DOLLARS) is hereby levied for the administrative
recovery for prosecution and investigation.
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WInCH THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S).
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED
PROPERTY: LOT 51, PORT LARGO, KEY LARGO, MONROE COUNTY,
FLORIDA (RE:00451820-000000)
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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 7!::-- day of August, 2003, at the ,Monroe
County Government Regional Center, Marathon, Florida.
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day, beforc me, on officer duly au~orized
in the State aforesaid and in thc County aforcsaid, to take acknowle4gments.
personally appeared J. Jefferson Overby, personally known to me, who exeCuted the
foregoing and acknowledged before me that he executed the same. "
/Jf:: WITNESS my hand and official seal in thc County and State last aforesaid this
~ day of August, 2003.
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I HEREBY CERTIFY that a true and correct copy of the above and forcgoing
Order Imposing PenaltylLien has been furnished ~ U.S. Mail, to the Respondent(s) at
S 1 Bahama Avenue, Key Largo, FL 33037, this..D- day of August, 2003.
HONROK COUNfY
OFFICIAL RECORDS
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MONROR COUNTY
OFFICIAL RBCORDS
FILR '1 411 1 7 2
BR'l 954 PG'40 3
RCD Nov 2S 2803 llrl1AM
DANNY L KOLRAGR, CLERR
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS.
CASE NO. CE03050192
MARCOS A. CASO
Respondent(s).
I
ORDER IMPOSING PENALTYILIEN
TinS CAUSE having come on for public hearing before the Special Master on August
220:1 2003, 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 aluminum awnings and a fence;
Said Order, and/or subsequent orders, required the Respondent(s) to correct the
violation(s) by October 23rd 2003, and further, that failure to correct the violation(s) by
the compliance date may result in a fine in the amount of $100.00, per day, being
imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Master held on October 30m 2003, Inspector Norman 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 $100.00 (ONE HUNDRED DOLLARS), per day, beginning October
24th 2003, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a fine in the amount
of $100.00 (ONE IIDNDRED DOLLARS) is hereby levied for the administrative
recovery for prosecution and investigation.
TIllS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WInCH THE VIOLATlON(S) EXlST(S) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S).
THE VIOLATION(S) EXlST(S) ON THE FOLLOWING DESCRIBED
PROPERTY: D19 10m AVENUE, STOCK ISLAND, MONROE COUNTY,
FLORIDA (RE:00128860-000000)
FILE #.1. 4 .1. .1. .1. 7 2 A
BK#19S4 PG#403
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 .1i day of November, 2003, at the Monroe
County Government Regional Center, Marathon, Florida.
/
,/
,
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.
t WITNESS my hand and official seal in the County and State last aforesaid this
~ day of November, 2003.
J;dP!7;Jr-
No bli
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';1\ .IIIc:queIIne L McUIlI
\.!f.) My Coimllw\,,~~
.., Expnaac.w21..,
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I HEREBY CERTIFY that a true and correct copy' of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s) by
posting the subject property, since all mail has been returned and no address can be
located in the public records, this 14 day of November, 2003.
MONROE COUNTY S
OFFICIAL RECORD