Item S03
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
7/14/04
Division
County Attorney
AGENDA ITEM WORDING
Authorization to initiate litigation to collect code enforcement fines that had been imposed
against David J. Laquerre and Holly G. Blandeaux and authorization for the County
Attorney's office to negotiate settlements, if appropriate, in each case.
~ ITEM BACKGROUND
Laquerre: On 2/09/04, the Code Enforcement Special Master imposed a daily fine of
$250.00 against Mr. Laquerre for building a seawall and installing pavers without benefit of
a permit. As of 6/23/04, 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
$38,350.00 and continues to accrue. While Mr. Laquerre is incarcerated in a federal facility,
he does have a contractor working towards compliance.
Blandeaux: On 3/15/04, the Special Master imposed a one time fine of $584.88 plus costs
in the amount of $100.00 against Ms. Blandeaux, the owner of a travel trailer dumped on
the right of way. The fine amount represents the cost the County's solid waste department
incurred in removing that trailer from the right-of-way. On 6/23/04, the Special Master
authorized the initiation of collection proceedings because the fine and administrative costs
totaling $684.88 had not 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/PurCha~. ! Risk Management!
DIVISION DIRECTOR APPROVAL: ~7/Il ,
/JO N R. OL NS
DOCUMENTAnON:
Included xx
To Follow!
Not Required !
AGENDA ITEM # \~3
MONROE COUNTY
OFFICIAL RECORDS
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BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
BCD Feb 18 2004 01,03PM
DANNY L KOLHAGE, CLERK
vs.
CASE NO. CE030SOO22
DAVID J. LAQUERRE
Respondent(s).
/
~
ORDER IMPOSING PENALTYILIEN
THIS CAUSE having come on for public hearing before the Special Master on
December 4m 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): ~9.5-11I(a) - A
permit is required for pavers and a seawall;
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by January 2P' 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 28th 2004, Inspector Bass 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 $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.
TIDS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON
WmCH THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S).
THE VIOLATION(S) EXIST(S) ON TIlE FOLLOWING DESCRIBED
PROPERTY: 73 E. CAlULL ROAD, BIG PINE KEY, MONROE COUNTY,
FLORIDA (RE:00244340-000000)
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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 9 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.
t? WITNESS my hand and official seal in the County and State last aforesaid this
_ day of February, 2004.
(~~
N~ bli~ :
?J Jq....l. Uc:Uin
\; ".; My CoII...IwIun 002el70
Of"" e.p.. October 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
73 e. Cahill Road, Big Pine Key, FL 33043. this.Lt2.. day of February. 2004.
I hereby certify this doa.ment to be a
true copy of the original.
to the Special Master
MONRoE COUNTy
OFFICIAL RECORDS
M,ONR08 COUNTY
Ol"li'ICrAL R8CORDS
FILE ~1 431 B 5 6 RCD Mar 18 2004 0312BPM
BKi 1 984 PGi 2 349 DANNY L KOLHAGE, CLERK
BEFORE TIlE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
CASE NO. CE03100243
vs.
BOLLY GRACE BLANDEAUX
Respondent(s).
I
...
.
ORDER IMPOSING PENAL TYILIEN
TlDS CAUSE having come on for public hearing before the Special Master on
February 261h 2004, 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): ~16-18 - A permit is
required for use of county right-of-way; ~8-33(c) - Unlawful disposal of solid waste;
At the meeting of the Special Master held on February 261h 2004. Inspector Bass
testified that the violation(s) had been corrected by Solid Waste Management. The
subject travel trailer was removed and disposed of for a cost incurred by the' county of
$584.88.
ACCORDINGLY, the Special Master finding that the violation(s) had been
corrected by the county:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in
the amount of $584.88 (FIVE HUNDRED EIGIITY-FOUR DOLLARS AND
EIGHTY-EIGHT CENTS), for the removal and disposal of subject travel trailer.
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.
TlDS ORDER SHALL CONSTITUTE A LIEN AGAINST ANY REAL OR
PERSONAL PROPERTY OWNED BY THE VIOLATOR(S).
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of
the Courts for Monroe County, Florida.
FILE J1431856
BK#19S4 PGi2350
-.-
DONE AND ORDERED this I~ day of March, 2004, at the Monroe
County Government Regional Center, Marathon, Florida.
, STATE OF FWRIDA
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.
,r wri'NEss my hand and official seal in the County and State last aforesaid this
~ day of March, 2004.
~~.
No
i) .J.clq!.... L Mr:l.IiIIt
~ ~.i My ConmIwI.... DDMI1D
.,., e-.. Oaaber 21. .aoor
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
P.O. Box 431540, Big Pine Key, FL 33043, this 15 day of March, 2004.
to lie 8peQaf ~
OUNTY
MONROE C RBCORDS
OFFICIAL