Item T03
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
6/16/04
Division
County Attorney
AGENDA ITEM WORDING
Authorization to initiate litigation to collect code enforcement fines that had been imposed
against Reinaldo Delgado & Lourdes Nunez and H. Marshall Golnick and for authorization of
the County Attorney's office to negotiate settlements, if appropriate, in each case.
ITEM BACKGROUND
Delgado/Nunez: On 1/28/04, the Code Enforcement Special Master imposed a daily fine
of $500.00 against Mr. Delgado & Ms. Nunez's property on Key Largo for Stock Island for
building a pool without a permit. As of 5/27/04, the property was still in violation. On that
date, the Special Master authorized the initiation of collection proceedings of the fine and
costs which totaled $31,850.00.
Golnick: On 1/28/04, the Special Master imposed a daily fine (retroactive to 1/21/04) of
$200.00 per day for two violations of the code, building without a permit and violation of
the FEMA floodplain regulations. On 5/27/04, the Special Master authorized the initiation of
collection proceedings although the violations had been cured because the fine and
administrative costs of $11,300.00 had not been paid.
PREVIOUS RELEVANT BOCC ACTION None.
CONTRACT/AGREEMENT CHANGES None.
STAFF RECOMMENDATIONS
Approval
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL'ill~~ 0'/";'''
OHN R. COLLINS
DOCUMENTATION:
Included xx
To Follow!
Not Required !
AGENDA ITEM #
\J0
MONROE COUNTY
OFFICIAL RECORDS
FILE t:1 4 .2 5 7 .2 7
BK.:197S PG.2:130
MONROE COUNTY, FLORIDA
Petitioner,
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
ReD Feb 18 2004
DANNy L KOLHAGE,
01.03PM
CLERK
VB,
CASE NO, M4-03-453
(CE03040140)
H. MARSHALL GOLNICK
Respondent(s).
/
ORDER IMPOSING PENALTYILIEN
THIS CAUSE having come on for public hearing before the Special Master on July
3151 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): ~9,5-1l1(a) - A
building permit is required for an enclosure of downstairs, concrete staircase, support
column with landing and electric and wood structure at top of "top hat"; ~9.5-
317(b)(1)(b,d) - FEMA Standards regarding residential construction;
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by January 21" 2004, 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. The Special Master has reserved ruling on a
daily fine. At the meeting of the Special Master held on January 28th 2004, Inspector
Bass testified that the violation(s) had not yet been corrected.
ACCORDINGLY, the Special Master fmding 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 $200,00 (TWO HUNDRED DOLLARS), per day, per count,
beginning January 2200 2004, 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 fme
in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the
administrative recovery for prosecution and investigation.
TIDS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WlDCH THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S),
FILE . 1 4 :2 5 7 2 7
BKt1975 PG.2131
THE VlOLATION(S) EXIST(S) ON THE FOLWWING DESCRIBED
PROPERTY: WT 30, LONG BEACH ESTATES SECTION A, BIG PINE KEY,
MONROE COUNTY, FLORIDA (RE:00317020-000000)
Pursuant to Section 162.09, Florida Stawtes, 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 ~ day of Feb~, 2004, 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.
/} WITNESS my hand and official seal in the County and State last aforesaid this
~ day of February, 2004.
(~.~
No
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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) at
1318 W. Terra Mar Drive, Pompano Beach, FL 33062, this..LfZ day of February,
2004.
to the SpecIal Master
MONROE COUNTY
OFFICIAL RECORDS
.: ,I.
MONROBI COUNTY
OFFICIAL RECORDS
FILE 11425728
BKt1 9 7 5 PGt 2 1 :3 :2
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
VS,
CASE NO. CE03080209
REINALOO DELGADO and
LOURDES NUNEZ
Respondent(s).
I
ReD Feb 18 2004 01.03PM
DANNY L KOLHAGE, CLERK
ORDER IMPOSING PENALTYILIEN
TIDS CAUSE having come on for public hearing before the Special Master on
December 4d1 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 Momoe County Code Section(s): ~9.5-1l1(a) - A
building permit is required for a swimming pool and wood stairs; ~9.5-2(a) - Planning
approval is required for a swimming pool on a vacant lot;
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by January 2111 2004, and further, that failure to correct the violation(s) by
the compliance date may result in a fine in the amount of $250.00, per day, being
imposed for each day thereafter that there is noncompliance, At the meeting of the
Special Master held on January 2Sdl 2004, Inspector Link 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 Momoe County, Florida, a fine in
the amount of $250.00 (TWO HUNDRED FIFTY DOLLARS), per day, beginning
January 22M 2004, 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 HUNDRED DOLLARS) is hereby levied for the
administrative recovery for prosecution and investigation,
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WIDCn THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S),
FILE i:1. 4 2 5 7 :2 a
SKi:1. 9 7 5 PGt:2 :1. 3 3
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED
PROPERTY: LOT 35 BLOCK 10, LAKE SURPRISE ESTATES, KEY LARGO,
MONROE COUNTY, FLORIDA (RE:0053687D-OOOOOO)
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 ~ day of February. 2004, 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.
~ WITNESS my hand and official seal in the County and State last aforesaid this
~ day of February, 2004.
~ ~~.
NotptS- lie~! .
11; ~ .""L~
· . ~~,COa.JO
~ ~ EllpIPM Odober 21.2007
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) at
9347 SW 145 Place. Miami, FL 33186, this /.1:L day of February. 2004.
to the Special Malter
MONROE COUNTY
OFFICI~L RECORDS