Item W3 �,, W.3
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� 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 � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: W.3
Agenda Item Summary #9769
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
None
AGENDA ITEM WORDING: Approval of a mediated settlement agreement in Monroe County v.
Estate of Jerome Pfahning, Robin Pfahning as Personal Representative of the Estate of Jerome
Pfahning and Robin Pfahning, Case No. 15-CA-214-K and to authorize the County Attorney's
Office to execute the settlement agreement documents, and to authorize the County Administrator to
execute all documents for the purchase of two waterfront lots, located at 6633 Maloney Avenue,
Stock Island, Florida, pursuant to the terms of the settlement agreement, and authorization to use
Boating Improvement Funds for the settlement agreement.
ITEM BACKGROUND: ITEM BACKGROUND: On 4/13/05, the Code Compliance Department
served Jerome Pfahning a Notice of Violation for code violations found on two parcels of real
property located at 6633 Maloney Avenue, Stock Island, Monroe County, Florida, bearing Parcel
Identification Numbers 00132370-000000 and 00132380-000000, legally described as "Lots 3 and 4,
WATERS EDGE, Plat Book 1, Page 84, Public Records of Monroe County, Florida." A hearing
was held on 10/7/05 and the property owner was found in violation of County Code by failing to
connect to the central sewer system. Compliance has never been achieved and fines exceed
$553,700 plus costs.
On 01/12/07, the property owner was served with two additional Notices of Violation for the unsafe
conditions existing on both lots of the property described above. On 03/06/07, the property owner
was found in violation of multiple County Codes by having abandoned vehicles and watercraft on
the properties, having live aboard vessels moored on the seawall, unsafe buildings, unclean and
overgrown property, structures built without building permits and unlawful storage of trucks, trailers
and travel trailers. Fines have been running on multiple non-compliant violations, and at the time
the complaint was filed, fines totaled $6,026,300,plus costs, and continue to accrue.
The property owner is now deceased and the lots are owned by the Estate of Jerome Pfahning and
his daughter, Robin Pfahning. A complaint was filed in circuit court to compel compliance. Total
compliance was never achieved and fines now exceed $6,580,000 plus costs. The BOCC authorized
the foreclosure of the liens on these two properties and the case was set for trial.
The parties attended pretrial mediation where a tentative settlement was reached. Under the
proposed agreement, Robin Pfahning would deed the two waterfront lots to the County and in return
the County would forgive the over $6.5 million dollars in liens and costs. Additionally, the County
would pay Robin Pfahning $500,000.00 for both of the waterfront lots. The proposed Settlement
Packet Pg. 3813
W.3
Agreement between the County and Robin Pfhaning and the Estate resolves this lengthy litigation.
The County Attorney's Office seeks authority to execute all settlement documents and for the
County Administrator to execute all documents needed for the real estate transaction. The closing of
the transaction has an estimated cost of$15,000.
Pursuant to F.S. 125.355, one appraisal of the property is required when the purchase price is
$500,000 or less. A commercial appraisal is still pending as of the agenda deadline however the
Monroe County Property Appraiser places a combined "just market valuation" on both properties at
$1,108,954 ($638,682 & $470,272) so the property is expected to be valued far in excess of the
$500,000 price. The commercial appraisal report, which is expected to be received prior to the
BOCC meeting, will be added to the backup documentation upon receipt.
The property has been evaluated by County staff and has the potential to provide public waterfront
access and/or serve as a mooring field shoreside facility in Stock Island, Florida. Due to the
potential for mooring field development, the use of County Boating Improvement Funds (BIF) is
appropriate to facilitate the purchase of these two waterfront lots.
At its July 26, 2012 budget meeting the BOCC discussed various options for marine projects which
may be funded from BIF. On September 21, 2012, the BOCC approved $1,500,000 in BIF reserves
for utilization in boat ramp repairs and mooring field development. The use of BIF funding to
facilitate the proposed settlement satisfies the direction the Board had previously given as the
purchase of these two waterfront lots have the potential to serve as a County owned mooring field
shoreside facility in Stock Island, Florida. In addition, the use of this funding for land acquisition is
an approved use under F.S. 328.66(1) for County-retained vessel registration revenues as it is a
boating-related activity of this County. Funds are currently budgeted for FY'22 to facilitate this
$515,000 transaction.
PREVIOUS RELEVANT BOCC ACTION:
01/21/15: Item Approved: Authority to initiate litigation regarding CE05020266, CE06040127, and
CE06110238
09/21/12: Approved to budget BIF reserve funding for FY'13 for repairs to six County boat ramps
and development of a public/private partnership mooring field (Option 3).
07/26/12: Discussion of marine project options for funding from BIF reserves in the FY'13 budget.
The item was continued to the September BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of settlement agreement, authorization for the County
Attorney's Office to execute the settlement documents, authorization for the County Administrator
to execute all documents required for the purchase of real property, and use of BIF to fund the
settlement.
DOCUMENTATION:
Mediated Settlment Agreement
Appraisal of 00132380-000000 and 00132370-000000
Photographs from Code Compliance dated 4.31.2021
2021-08-06 3rd Amend Complaint
Packet Pg. 3814
W.3
Aerial Photographs of Lots 00132370-000000 and 00132380-000000
FINANCIAL IMPACT:
Effective Date: 10/20/2021
Expiration Date:
Total Dollar Value of Contract: $515,000.00
Total Cost to County: $515,000
Current Year Portion: Yes
Budgeted: Yes
Source of Funds: County Boating Improvement Fund (BIF) Capital Outlay and
Infrastructure
CPI:
Indirect Costs: Cost of cleanup of two purchased lots
Estimated Ongoing Costs Not Included in above dollar amounts: Property Maintenance
Revenue Producing: Unknown If yes, amount: Unknown
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 10/04/2021 10:48 AM
Paunece Scull Completed 10/04/2021 10:52 AM
Cynthia McPherson Completed 10/04/2021 12:44 PM
Celia Hitchins Completed 10/04/2021 2:27 PM
Emily Schemper Completed 10/04/2021 4:33 PM
Purchasing Completed 10/05/2021 8:50 AM
Budget and Finance Completed 10/05/2021 11:44 AM
Maria Slavik Completed 10/05/2021 11:53 AM
Liz Yongue Completed 10/05/2021 12:30 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg. 3815
W.3.a
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY
CIVIL DIVISION
er
MONROE COUNTY, FLORIDA, Case No.: CA-K-15-214
a political subdivision of the State Hon. Timothy J. KoenigLO
of Florida, and the STATE OF FLORIDA T-
ex rel. ROBERT SHILLINGER, County
Attorney of Monroe County, Florida,
Plaintiff, CL
V.
THE ESTATE OF JEROME E. PFAHNING,
ROBIN PFAHNING AS PERSONAL REPRESENTATIVE
OF THE ESTATE OF JEROME PFAHNING AND
INDIVIDUALLY,
Defendants.
/ CC
Mediated Settlement Agreement
m
The parties hereto agree that this lawsuit and all related claims and controversies between them
are hereby settled in accordance with the following terms:
76
1. This Agreement is subject to Monroe County Board of County Commissioners approval. The
Plaintiff will work to have the settlement approved at the October 20, 2021 meeting, or as soon
thereafter as possible.
2. The Defendants agree to convey the Properties, which consist of two lots located on Stock
Island, Florida RE00132370-000000 and RE00132380-000000,via deed in lieu of foreclosure.
The properties will be conveyed free and clear of any encumbrances except for all liens held by
Monroe County,which stem from Monroe County Code Compliance Cases CE05020266,
CE06040127 and CE06110238. The properties are conveyed in an "AS IS" condition.
3. Defendants agree to have all tenants off the Properties within fifteen (15) days of approval by
the Monroe County Board of County Commissioners.
4. Defendants agree to remove any personal property that they wish to retain within fifteen (15)
days of approval by the Monroe County Board of County Commissioners.
5. The Plaintiff agrees to pay the Defendant, Robin Pfahning, $500,000.00 to release all claims
against her and the estate fifteen (15) days after confirmation that the tenants have vacated the
premises. Payment shall be made only upon approval by the Monroe County Board of County
1
Packet Pg. 3816
W.3.a
Commissioners. Payment will be made only if the Defendants are in compliance with all terms
of the Agreement(i.e. no encumbrances,tenants have vacated, etc.). Defendant may allocate
the funds received to whichever parcel (or both)for purposes of settlement of the estate.
6. Defendants to assist County in complying with all State and Local laws.
cv
7. Upon approval by the Monroe County Board of County Commissioners, the parties shall sign and
LO
execute mutual releases. The Court will retain jurisdiction for enforcement of this Agreement.
8. Each party shall bear its own fees and costs.
Plaintiff:
Dated: August 24, 2021
Paunece Scull, Esq. E
FBN. 729477
Assistant County Attorney
m
Defendants:
4-
0
2
Robin Pfahning, Personal Representative of the
Estate and Individually
Attorney for Defendants:
lee' m
Robert Cintron,Jr., Esq.
FBN. 325031
12
m
2
Packet Pg. 3817
W.3.a
C ,rrir"'Isston+°m Pay rite+- ii 1 lid: p° j only If the Defercants, are;r, do tom once wi h all Terms
s
Qf t div AGgreL dle' �' ,e, a' er fJa'n ar LP:", LCT'JMU1 Vacated, "C,)u 4end n' a", Ui uwjLu
MP f U in f s r.ULU 1W l l d"ever' d "u fi b-+'t'I� for
purp.-seE.,of settlement f zhe
6. fercau""'A','iry C 1,,,1 r7y in Complyi*1 �.v;'h A Mato and L uaal, �,Iwv25.
r
N
7, j1ps"n aa:27'aval :jy the '+"'oG"ro . oard of C=Lr y zhe pavties shall sstrr ail" LO
r
a"`" tual elei,�v The �jrt f u *djcz«r fcr nf�d"Leri`t ,: i , ,gr,•., r t 1.,
�lr,�h,h 11
l fA Par it,, H':wr funs and osts,
CL
ca
tJ
_ G3
At;a,,Ita:aot CClufisyA :c,rrey
EGG`
`,
the
oral
d �r
E
FEI , 325031
U
2
Packet Pg. 3818
W.3.b
Insert Appraisal once received. Due 10/08
cv
CJ
LO
T-
CD
CJ
CD
CJ
C
m
4-
0
2
r.
CO
r9
cv
r9
m
cv
CD
CD
r9
4-
0
Packet Pg. 3819
W.3.c
i
7St `'t-• ,r„
LO
P'
ft'�
�
CL
110
,r �) 1 � � r���1��1,5 � Ss it '�l:�r s k — � ��j,.F �`<z•.- - �`� �-_� ��
.� _� {Ntt � i -�S �{ � rtt 1}^� ,i�1)ly� ti, ,# S>• �s aSt hr,-- } 4 � - �}h
b 3 iCrt�St ii�{y5
E
{�}tS,`til 1��}�t 'i171 1�� ` I(S 1i2;,it`t S r:. �� , ..� ,<ii •-'f( Fr =y s�"�u j _ , t � ,`� ,F.,
Slf g
(/j
'ts j �l ts` S4} �1r4' t �' +1
�SSt If! �1 `' Fin 1 '�t t p7�a 'F f r s =
s �F
N
N
Ci
11 k
t
C
E
0
tCh
0
0
CL
{
}x �fi Ott J{
CE21040005 Pfahning
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson i {f=2F t
Packet Pg. 3820
W.3.c
i
r
1t, s N
LO
CD
watvaoo fi i -
�flS
.��i� + ijsi��lf� 1t'i\ J�181 r' 1•,� h 1 � 't �#'l� f, i f}fF �
-
g �P t
}Q��p V o
ff
v
i
E
YfII
1 t tt r S_ S l i��l?s�1�itit �1t4}st
4
St}j}
J 11f}'�i1i )��rw (U
it J f�1 }y I 1:�1�(tz tiit}t},c ii 1JI��S4 Jl f�ttt rl t t:IJ v tit ����t4Si�}1 i j}Jt i1 O
c�i�rv4�k�}�`�'J�
}
tsl�}r 1z„�i ryy 2�.ls
.,
l
t_
Ci
i
t
0
u
E
,,1
)i
r
ih t {t ff
C.
}
1.,�i v�fi,
CE21040005 Pfahning
6633 Maloney Ave Stock Island �c
April 30, 2021 Inspector McPherson
Packet Pg. 3821
W.3.c t t + S +
ty
LO
CD
CL
tJ
d EYy+
t
' ( C
9 ,
N
CD
r _
L .F+
r � �
a ,2 �
ne
}
c r
®y
W
. e
3
a
0
CL
CE21040005 Pfahning 4
6633 Malone Ave Stock Island .+.
April 30, 2021 Inspector McPherson $
Packet Pg. 3822
W.3.c
-
i
\ S y I
Oil
c44
LO
CD
IU
CL
ti I
h
i
— fr°
r`.
5 R�bt K
Y '
I: E
d
U)
0
I
C 3
M
r t
C
C
,
` 0
0
I
nrr4
CE21040005 Pfahning
6633 Maloney Ave Stock Island
April 30 2021 Inspector McPherson
Packet Pg. 3823
W.3.c
t u� fir
at t-,1 � s sr11\ i� 1 rl �1��'1�s � w lS LO
LO
Cu
CL
e
E
�a
1 i tt
Poem,
pamasoa e, 1 r s�l s. s 2 r a`. ',s Osl { )tfi 1�
r9f7a^n�e; 1 1 �4tR r`�`•x; t rr. � rts4hS'i 's "=f N
OP
M
Ch
s •. t r
u
a r
.`.
Yr
CE21040005 Pfahning
71I1i 6633 Maloney Ave- Stock Island <Gfr
April 30, 2021 Inspector McPherson
Packet Pg. 3824
W.3.c
ry
ft
LO CD
Cu
s
t
t € t r 17t s � vti 4s,t :
�1
w
2
CD
�-
�'
-
7
sSl 117y�77s lot,_,_ �
N =_ U)
` 5 �
0
tt� �
I7Y7����(rsfJTti"ts>\ l)1jS i€tirr£1 t`�P V�aiS�t,(tt€7;tS�S t � V 1 :- �.
���}his}��Ci��v�SiS����V��fl}rt � ill Est t��l iiC�43y �istltil(47vsSs�t�(�y�Si�� � � z `�
�t 9i�,t l \�S tt ,i t i ityi }S qt S 4 sal 1 }� 11
t,� 7 j �
�})�
4€ t11t1 €�
( t 1 r Cf
�S N
Cu
t
1
�iQ� h grit E
CL
CE21040005 Pfahning
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson ���
Packet Pg. 3825
W.3.c
h
LO
r
CD
lu
CL
{4
t
4
ay
A
ti
f E
e i
U)
N
Ci
{
i I Yi b
,
y � t
t
E
E
tt}
,,,t 4�44t�4t�44444444�44444 it
CE21040005 Pfahning Unit #1
���r�}tS
6633 Maloney Ave- Stock Island �
April 30, 2021 Inspector McPhersontf, ,
Packet Pg. 3826
W.3.c
i -
iS�?
w
N
z
a 4 kn
CD
t
sir• .'" t8
1 CL
�E
A
uv
,
u C(
fi t
N
t '
n�
d,
.nR `to i"tE N
r
E
C
') {
a' �
�- CL
..
CE21040005 Pfahning Unit #1
6633 Maloney Ave- Stock Island � �
April 30, 2021 Inspector McPherson
Packet Pg. 3827
W.3.c
3
LO
CD
lu
CL
4v
_ U
A V
F`r'F' g E
644 P .
T�
� qq
M HF
l 4 I
� t {
�tr rig
� � Cf
u zF�t�'�iFC�`*:F�111tFrtsr'rr trr{t' s���t1F�1 s i ' t3 r
J
tr
l �
n i ,
E
CD
CL
}� F1' �� sn t n e are e•e �.e � �
CE21040005 Pfahning Unit #1 III 1 7 (1F
t
�c
6633 Maloney Ave- Stock Island �
April 30, 2021 Inspector McPherson rr
Packet Pg. 3828
W.3.c
vh
S rr
f
N
CD
LO
F.
CL
f t its a
VzA
>17 0)
U)
its �t i �v
''t
4 V
N
4 if��SC!I tt rf t a
Z CL
��7(
C
� � U
`CF
x �)
CE21040005 Pfahning ��
6633 Maloney Ave- Stock Island <
April 30, 2021 Inspector McPherson �
Packet Pg. 3829
W.3.c
- l �
� E
Ln
CDCL
l
_lift
a llt
` SaR
I
3
f#;
t tf5�
R
k F rryry�
a e V N �
4, E
CV
r9
�fI U
I
1�
f�
CL
r
CE21040005 Ptahning I { �laa� f�
�
6633 Maloney Ave- Stock Island �c�hl��,,��
April 30, 2021 Inspector McPherson ...........I�.
Packet Pg. 3830
W.3.c
14, �
N
t LLO
CD
ax
h��t4 to U
ry:iN1
LN
Gi
', sis s t U ti{v til st iatt Sj7s 1 ty i tt! i}t{}sS)1 r7 t)t 1- si) hv5 is»4li
i
ix," } � ,��` �.� ,,I��'{3 S f•c£$��t t'���}�tsry}iI{tt{�+Fki4��>i{� �:�, M ��������{rs {t ?'tiS�'rt�lr���fi"=` 1 �`' �'
ss
N
��� j{����Ei{fir}tltt�i{r�}i���{}{tl7c 1t )11�s)vt�I! ti tt tl{tt4t,Il it{1 sjt.},i st r
r
V5 At ¢1
rz
fr'� rI r �,5>rt ti
ra fi,�"`t s sip . v �''&�" CL
1 s ��
snr, tI =t'' '' ,"'{ t:✓ € 'a ..
�,�ssssss,rrrrrrrr y»»»>c .ii tttt i I t+ ��it Gi
E
CE21040005 Pfahning {
6633 Maloney Ave- Stock Island <
April 30, 2021 Inspector McPherson
Packet Pg. 3831
W.3.c
N
LO
C.
Al, (,.)
r
i
VI�
as
yr'
I
h s�
t c �
y
ySr Y' aft 4 t �
.N
� as
Y _
� t8
el
0
0
0
4F�
CL
i
CE21040005 Pfahning
6633 Maloney Ave- Stock Island <
�l
y �st
April 30 2021 Inspector McPherson
p P
Packet Pg. 3832
W.3.c
� ss
k r S ,P}tl\sk t i fi �f t '0 �
tr.
LO
----------------
'ti}i��> Sl�'s,.� �+'t�i�s+i���i s�j�'kt �* �i S ��•.. +�ti��� �� .� p C3
r,
IU
CL
L +,
E
U)
0
� w �
{ I
s
t �- �
q E
r I
r
' � r
l� VISr�Sai lssrrb�Si U lSi i� �� �����1�.
CE21040005 Pfahningf s
6633 Maloney Ave Stock Island 11 }tf
tJ �r
April 30, 2021 Inspector McPherson
Packet Pg. 3833
W.3.c
LO
M CL
s }
tY- f
s,
E
ppY
r
` e
E
t,
1.
{
h 7P
t si t L:
} r
� N
Ci
w
}
�.� � } �} S}�mf t'•ibt,"iC ,u��r s ,� _ � ,�* i� 'Ir ,`1 f�;f,`_ �
E
t q
CE21040005 Pfahning
6633 Maloney Ave- Stock Island <
April 30 2021 Inspector McPherson {�� �
Packet Pg. 3834
W.3.c
N
Ln
f lira \s tS s rs�rc-r m,C „z� lu
CL
sr
s
s�
tisE�,
-
} 0
S
N
m
Ci
� s
,a E
0
0
CL
F
> { , J iiu q\r{..rs g �u ft �1�t ntgn �
?Alit ,l � �
CE21040005 Pfahning Unit #2
6633 ve- Stock Island �c
Maloneyv .�
April 30 Inspector McPherson
t
P t 2021 Ins p
Packet Pg. 3835
W.3.c
t � i r
lot
CI.
W A� ,
t
t
kp 4 5 F
h.5
E
lot a
5 a
E
r
Sr
�� ' �• ���l�f.s+,-�.�w"q���.at ids- t � �i�4ti �; r t"� �s r m .�
5 '
r
a
p u
®0y
W
R
0
E
CL
i
k
CE21040005 Pfahning Unit #2
6633 Malone Ave Stock Island
�c
April 30, 2021 Inspector McPherson
Packet Pg. 3836
W.3.c
cv
LO
T-
CD
lu
CL
v)
0
2 r
s
r'
E
IN
0
CD
0
CL
CE21040005 Pfahning Unit #3
6633 Maloney Ave- Stock Island r <
April 30, 2021 Inspector McPherson
Packet Pg. 3837
W.3.c
N
LO
CD
Cu
CL
e
. n
G3
0
k S
y
f
c�
,
0
i
�� t k -,
C.
CE21040005 P#ahning Unit #4
6633 Maloney Ave Stock Island
4
April 30, 2021 Inspector McPherson
P p
Packet Pg. 3838
W.3.c
r
t
,f
f
LO
w �
Cu
tt
r r,
w
st
:a
i4
N
Ci
i
E
E
,
a
` 0
CL
CE21040005 Pfahning Unit #4
6633 Maloney Ave- Stock Island
$'{ <
April 30, 2021 Inspector McPherson
Packet Pg. 3839
W.3.c
r�
c LO
LO
w CD
IU
CL
Cra4�r�r� G7
CIS 142(sKiS,Sp } t E
U)
0
t8
2
i4 s N
Cia
W
r <
,
� f
r C
�I q
W
E q
V
1 p
4
Ira
0
CE21040005 Pfahning
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson j3 ��11r, Ott.
Packet Pg. 3840
W.3.c
N
LO
CD
s �
C.
,f, U
4 • �
r
1"�5'•, bA s� � ^y
f v , 4 1sT E
+ 4
yet 4b.4" iJo
�.t
4c7
t _
C
,
l�
CD
s
7
w ,
r - �
W
0
CD
L.
C
CL
IN
IN
CE21040005 Pfahning
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson
Packet Pg. 3841
W.3.c
cv
LO
CD
CL
i
i
v,
Q
N
0
0
u
0
CD
0
CL
CE21040005 Pfahning1
# t
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson ?},
Packet Pg. 3842
W.3.c
1�++k11��1y1�ifl Jr��i�}it q£ � it YIt�I t J sy tY f 1� 1.�� ,i t4 1 � it 2 i 'i'r s t i4S s s, 1 r it ili{4 €<Y, $ �+ � i 4�±•�". #� Y�!!���Ir'7 ?����'���? �� ty\ls 1�11{
i�➢ tIJY s ;S; 1}r i t r tl�yi t S s Y I SitOttit lit 7 7����k t y�>3 ;':l t r 1 rt tr !f i s � €- i `� +fyit��ls c,`;y,}t,£�
rF rt { -sits ; nir itli �riJ �' ttrlYl)t £
('V
LO
Cs �
CL
s _
F r,
ir� s
E
����� �������t��,�,i�f`� ar � �• ���� Sri� z ,� 1 t
E
0
_yr 1 J°<1}t i s t k'^6(ri t S£t( i t(tt,0i.. t�SY ��ryks,'h�it {h Y,�`t �s? itkl r�" tYJ rrl YIT,ff
N
M
U
t8
0
0
L)
0
0
0
Hi ON, CL
CE21040005 Pfahning
6633 Maloney Ave- Stock Island <
April 30, 2021 Inspector McPherson
Packet Pg. 3843
W.3.c
11 {'��A 11`}li 1 Is{1 sjl� t? {�s 1 t •j,�t 1411#1 4`��1���i��s`~s�A ii ({ y!t
14 i`bI}i4Utii stir i �}�;�{l1 i t 1 - ��idil t 44 1
re��y�� it iiP1t r
4
LO
t t A Ott
CD
u
CL
sp{l i
r i}ta j (U
f 1 �
4-
4'
0
Ci
s i s} , r,t �S ,t}! t; }rtr'�Iitrstii144��
i
t �
5
s
n
s 0
sty _ try" r�uyn �1 1 `1t
;�!•-lies i�' d1�i � "��- ��� ���r`- rc .. '�
b�
r
CE21040005 Pfahning Unit #5
6633 Malone Ave- Stock Island
._�
April 30, 2021 Inspector McPherson
Packet Pg. 3844
W.3.c
u
t N
LO
CD
-, t8
CL
s ' t
.N
r
s
a,
U)
4—
�xv 0
i
!
r {
t
tl
t
it it
E
!
E
!
- a tt rr! I rr s_r ti77 itt�tr, i �
CE21040005 Pfahning `
6633 Maloney Ave- Stock Islands
April 30, 2021 Inspector McPherson
Packet Pg. 3845
W.3.c
i�
r
N
w- r�
Y
s
LO
CD
Cu
{is
s }\{ar
— t� l �£ jgpsftr"�i r E
z 5 1
t
4 {
4 E
i
tit �
N
r
M
U
0
tJ
0
u
0
0
0
CL
CE21040005 Pfahning
6633 Malone Ave- Stock Island <
April 30, 2021 Inspector McPherson
Packet Pg. 3846
W.3.c
1& papa III I M I' 4 f „fir r t fst i. t ........
>�1t>
I fj: kfy
CD
I
CL
"?
IV
E
0
et
C44
Ci
"PSNA, Cu
w ,
t r
E
f
s
E
0
y
Cu
CL
CE21040005 Pfahning Unit #6
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson Its,
Packet Pg. 3847
W.3.c
cv
LO
T-
CD
lu
.:
�
t
i
f
r
N
a r
w �
U
0
0
u
0
CD
0
CL
CE21040005 Pfahning Unit # 7Fil '' {» � _
6633 Maloney Ave- Stock Island
April 30 2021 Inspector McPherson "S
Packet Pg. 3848
W.3.c
N
i sty tSltstd�ly td} l t5 — ,.
.s Ss)s tri's�f s(i tlsil tt fils� S g
kfy
+t sr Us,isr t s� C•
CD
s C.
fir•�� �A
E
U)
b
dri 2
r
ry !
N�
Est 7 i 3 w5M y
j i`#If\I Si
Cu
e s ��
,.A"A \ 4 a
E
a
CD
0
CE21040005 Pfahning
6633 Maloney Ave- Stock island <
April 30, 2021 Inspector McPherson "AR��
Packet Pg. 3849
W.3.c
.� +1,a.
N
r,
LO
CD
} i
1
CI.
F4i at �
E
ii;} - f a4 a pF U)
e
�Y
t yr a
tti iii} is tV R C44
aaa i14) � N
r
(}i,if4 ay 1 any p t�f�, q S it 1�i M
E
�I IiI Vil r iil
0
9
0
tt �
fX ` N
CL
CE21040005 Pfahning Unit #8
6633 Maloney Ave- Stock Island
I,
April 30 2021 Inspector McPherson {
t
Packet Pg. 3850
W.3.c
cv
CL
11
I
R
f
kP
()
4
r : v 0
r
��1 6
9{t
y. uJ .ia (B
h� }
Ci
e (t
lu
U
0
tJ
0
u
2
lu E
Cn
CL
I bbbb,,11 f i S}/-i ltt `i ii
CE21040005 Pfahning Unit #8 � ,
6633 Maloney Ave- Stock Island <
l � 1 April 30, 2021 Inspector McPherson
Packet Pg. 3851
W.3.c
cv
LO
CD
Ci
! 1
ffR,
-rv.ti, r
.N
0
tJ
0
u
0
0
0
CL
CE21040005 Pfahning #9
6633 Maloney Ave- Stock Island <
April 30, 2021 Inspector McPherson �� ��� WAI
Packet Pg. 3852
W.3.c
cv
LO
T-
CD
CL
3
u
E
f
E
Cu
r i h ttt� � ixi 1 t
2 �{ � ��, r� )r�t��1��1�i•1 i r 3 �}, �' � �� J
-
t
a
0
U
0
U
0
CL
CD
0
0
CE21040005 Pfahning Unit #9 `�' i ��`
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson
Packet Pg. 3853
W.3.c
cv
r
LO
ttft
CL
;qtf 1
�1,4 tS rl?rh(tt}t K
„t hia r
E
t , }�?j• I;� 1. � �� � 'ice_ t � ' (U
,,i`r`/'i"
E
�
sm s
�� ,
r fr,
Stl`j t}tiyVi� '� � _ (/)
yF—
h
II 7
CD
y{
t
4
aq
®®0y
VuJ
W
®®0y
VuJ
V
q�
V
q
V
CL
CE21040005 Pfahning Unit #9
6633 Malone Ave- Stock Island „ �c
April 30, 2021 Inspector McPherson
Packet Pg. 3854
W.3.c
cv
LO
T-
CD
IU
F
U
� t
T
t 4f1
s. F l4
U)
t �
,
�q � €s
l'1j
0
U
0
0
0
CE21040005 Pfahning
6633 Maloney Ave Stock Island
April 30, 2021 Inspector McPherson ��� tits
Packet Pg. 3855
W.3.c
cv
LO
CD
� WWW
c 3 �� r srFr
q ��5R #5 �tr f
;y�
alPgt,�,1�r
C
3
ti)
�
f t
11��, � ,��
1, ,ASS
11�
.E+
t° �I F{`{�q�sl�l t {�'{f x iDst p w
>r O
�RXtl
0
1Y0 t �i,1i ass k,ts � 5\��i��\}}���J
?ry, �.
d
i
N
Ci
iA
S �y
,a
0
0
u
0
CD
0
CE21040005 Pfahning Unit#9 �� {
6633 Maloney Ave- Stock Island
April 30, 2021 Inspector McPherson
Packet Pg. 3856
W.3.c
cv
ca
LO
T-
CD
CL
� h
s,
s
E
U)
0
a+r
u
` r
N
� CV F
M
cans �
' Art, d ('","
_
0
tJ
0
u
0
0
0
CL
CE21040005 Pfahning Unit #9
6633 Maloney Ave- Stock Island <
April 30, 2021 Inspector McPherson
Packet Pg. 3857
W.3.c
cv
LO
T-
CD
lu
CL
rf.
R
U)
i
s
I f
s
nl,
C
0
u
0
0
CL
CE21040005 Pfahning Unit #9 v �
6633 Maloney Ave- Stock Island1�� �c
April 30, 2021 inspector McPherson � �s ,
Packet Pg. 3858
W.3.c
U
LO
CD
CL
U
Ca
.,,
9
E
�4, E
x 4-
0
Q CD
r
s
n ; N
., � �F{ r ✓ilk
Cu
t �
k7
r � �
P�tk
{ yr
C.
�r
CE21040005 Pfahning ,
6633 Maloney Ave- Stock Island <
April 30, 2021 Inspector McPherson `
Packet Pg. 3859
W.3.c
7..
Pik ®®yy
LO
T_
CD
qe
R: q�
0
g
7
s
s I U)
RU i .�'y_ mf� w✓
t �
�z �+ t8
Xg
1111 �
I E
i'
4 � u
}
C
i I k
qq
1 6
.qq�
LL
Packet Pg. 3860
W.3.c
+ic �
MEN
�+ E mom
LO
r
CD
CL
tt
}{11 tB
r �
E
E
�+2 vmKI
Ci
to t'
+s
s� d�
J
xt 4
CE21040005 Pfahning
6633 ve- Stock Island } �
MaloneyY �
April 30, 2021 Inspector McPherson
Packet Pg. 3861
W.3.c
N
LO
r at t�17 s H ststl� rrs t } j
�l + y rl r l l'6 7r sJ St{r Ff ti{t r `1� til Ss..t�� C3
l,f{sjt� PDt�\sj�jtt{ � xr ,r
t
y 4� C'
m �I
F ; �
ay
51
k���1k1��1`,�tfIj}t1}Is{ ii, 4+r
,z tsI'11 n
@,
�f E
t
At fay}
tC `""P rsS lsti� U)
TIf
( r k t £ S
s
r
N
r
t
zt
t+, I
(�t
�\ E
0
k fji �
` V
CD
} y
0
CL
q
.:{jai ft Mt Se j, 1 11 1S W
CE21040005 Pfahning4�g}
6633 Maloney Ave- Stock Island
f
April 30, 2021 Inspector McPherson
Packet Pg. 3862
W.3.c
t
r ,
LO
it
CD
CL
4 X
E
ft�4
tt, �
k1
(U
Ir
a
a
N
N
r
M
U
0
0
U
0
0
0
CL
CE21040005 Pfahning � 4
6633 Maloney Ave- Stock Island {t
April 30, 2021 Inspector McPherson
Packet Pg. 3863
w.3.a
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY
CIVIL DIVISION
MONROE COUNTY, FLORIDA, Case No.: CA-K-15-214
a political subdivision of the State Hon. Timothy J. Koenig
of Florida, and the STATE OF FLORIDA
ex rel. ROBERT SHILLINGER, County
Attorney of Monroe County, Florida,
Plaintiff, CL
v.
THE ESTATE OF JEROME E. PFAHNING,
Deceased; ROBIN PFAHNING, in her capacity as
Personal Representative of the Estate of Jerome E.
Pfahning and in her individual capacity,
Defendants.
THIRD AMENDED COMPLAINT E
MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, and the -
STATE OF FLORIDA ex rel. ROBERT SHIL,LINGER, County Attorney of MONROE 2
COUNTY, FLORIDA, by and through its undersigned attorney, file this Third Amended �--
Complaint, and respectfully alleges:
E
0
GENERAL FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
1. This is an action for foreclosure, declaratory and temporary and permanent
injunctive relief pursuant to Fla. Stat. §823.05, §60.05 and §60.06. This Court has jurisdiction
co
pursuant to Fla. Stat. §26.012(2) & (3). ,
T-
cv
2. Plaintiff,MONROE COUNTY("the County")is a political subdivision of the State
of Florida and is authorized to bring this action pursuant to Fla. Stat. §125.01.
Packet Pg. 3864
w.3.a
3. Plaintiff, ROBERT SHIL,LINGER, is the County Attorney for Monroe County and
has the authority to bring this action in the name of the State of Florida pursuant to Fla. Stat.
§60.05(1).
cv
4. The Defendant, THE ESTATE OF JEROME E. PFAHNING ("the Pfahning
LO
T_
Estate")is the owner of two parcels of real property located at 6633 Maloney Avenue, Stock Island,
Monroe County, Florida, Real Estate Parcels 00132370-000000 and 00132380-000000, legal
CL
described as follows:
Lots 3 and 4, WATERS EDGE, Plat Book 1, Page 84, Public Records of Monroe
County, Florida
a�
The above described property will be hereinafter referred to as "the subject property).
5. The Defendant, ROBIN PFAHNING, in her capacity as the Personal
m
Representative of the Estate of Jerome E. Pfahning and in her individual capacity may have some
interest in the subject property. -
CODE ENFORCEMENT CASE NO. CE05020266
6. Following an investigation and inspection(s), a Notice of Violation/Notice of �--
hearing initiating Code Enforcement Case No. CE105020266 in the tribunal below was filed,
E
0
concerning the Property described in Paragraph 4 above. Service was attempted upon Defendant
via Certified mail on March 4,2005,that went unclaimed. On April 13,2005 service was perfected
upon Defendant by posting the subject property. A true and correct copy of the Notice of
co
Violation/Notice of Hearing is attached hereto as Plaintiffs Exhibit 1 and a copy of the Affidavit ,
N
of Posting is attached hereto as Plaintiffs Exhibit 2.
7. At the hearing on October 7, 2005, the Special Magistrate entered a Findings of
Fact, Conclusions of Law, and Order wherein the property was found in violation of:
Monroe County Code � 15.5-21(a): Connection of existing on-site sewage
treatment and disposals systems to central sewerage system.
Packet Pg. 3865
w.3.a
A true and correct copy of the Findings of Fact, Conclusions of Law, and Order is attached hereto as
Plaintiffs Exhibit 3, and its provisions are incorporated herewith.
8. The Special Magistrate set a compliance date of October 20, 2005 ordering the
N
Defendant to comply with the provisions of said Monroe County Code (see Exhibit 3).
LO
T_
9. The property owner did not gain timely compliance by the deadline of October 20,
2005 set in the Special Magistrates Order. Since the code violation was not corrected the special CL
magistrate entered an Order Imposing Penalty/Lien (see Exhibit 4) and fines began to accrue as
0
of October 21, 2005 as follows:
$100.00 per day for the violation of Monroe County Code §15.5-21(a) E
a�
Fines would continue to accrue from October 21,2005 until the Defendant complies with the Order CD
C
described in Plaintiffs Exhibits 3 and 4.
m
10. The Order Imposing Penalty/Lien was recorded as a lien on February 2, 2006 in u
4-
0
Book 2184 and Pages 143-144 attached hereto as Exhibit 4.
11. A notice of Motion to Authorize Foreclosure and/or Money Judgment Proceedings
�t
&Notice of Hearing was furnished to Defendant January 3, 2007. See Exhibit 5.
12. An Order Authorizing Foreclosure was entered on March 6, 2007. See Exhibit 6. c
13. On January 21, 2015, the Monroe County Board of County Commissioners
E
authorized the initiation of a civil action against the Defendant seeking injunctive relief. -�
14. The lien referenced in Paragraph 9 above (Exhibit 4) remains unsatisfied due to
co
CD
non-compliance and fines and costs owed.
N
15. Defendants have failed to bring the property into compliance with the Special
E
Magistrate's Order and the Monroe County Code, therefore, the fines continue to accumulate.
Packet Pg. 3866
w.3.a
CODE ENFORCEMENT CASE NO. CE06040127
16. The County received an anonymous compliant regarding the unsafe conditions of
the Property; Code Case CE06040127 was created on or about April 17, 2006.
er
N
17. Following an investigation and inspection(s), a Notice of Administrative Hearing
LO
T_
and Notice of Violation (see Exhibit 7) regarding Code Enforcement Case No. CE06040127 in
the tribunal below was filed, concerning the Property described in Paragraph 4 above. Service was CL
CL
perfected upon Defendant via posting on January 12, 2007 (see Exhibit 8).
ca
18. At the hearing on March 6,2007,the Special Magistrate entered a Findings of Fact,
.N
Conclusions of Law, and Order wherein the property was found in violation of: E
a�
Monroe County Code 19-129(a)(b)(c)(d): Parking of trucks, trailers and travel
trailers.
m
Monroe County Code 19-95: Abandoned vehicles.
Monroe County Code 19-96: Abandoned watercraft. -
Monroe County Code 5.5-16(b)(1): Prohibition on live-aboard vessels in
2
residential areas.
Monroe County Code 64(a)(c): Unsafe buildings.
Monroe County Code 8-17(a): Premises to be cleaned and mowed.
0
Monroe County Code 9-.5-111(1): A building permit is required.
a�
A true and correct copy of the Findings of Fact, Conclusions of Law, and Order is attached hereto as
Plaintiffs Exhibit 9, and its provisions are incorporated herewith.
co
CD
19. The Special Magistrate set a compliance date of March 22, 2007 ordering the
N
N
Defendant to comply with the provisions of said Monroe County Code (see Exhibit 9).
20. The property owner did not gain timely compliance by the deadline of March 22,
2007 set in the Special Magistrates Order. Since the code violations were not corrected the special
magistrate entered an Order Imposing Penalty/Lien was recorded as a lien on May 8,2007 in Book
Packet Pg. 3867
w.3.a
2292, Pages 1829-1830 (see Exhibit 10) and fines began to accrue as of March 23, 2007 as
follows:
$100.00 per day for the violation of Monroe County Code §19-129(a)(b)(c)(d)
$100.00 per day for the violation of Monroe County Code §19-95
$100.00 per day for the violation of Monroe County Code §19-96
$100.00 per day for the violation of Monroe County Code §5.5-16(b)(1) T_
$100.00 per day for the violation of Monroe County Code §64(a)(c)
$100.00 per day for the violation of Monroe County Code §8-17(a)
$100.00 per day for the violation of Monroe County Code §9.5-111(1) CL
Fines would continue to accrue from March 23, 2007 until the Defendant complies with the Order t�
described in Plaintiffs Exhibits 7 and 9.
21. A notice of Motion to Authorize Collection Proceedings & Notice of Hearing was
m
furnished to Defendant October 30, 2007 and posted at the Monroe County Courthouse and at the
subject property. See Exhibit 11.
22. An Order Authorizing Foreclosure was entered on November 29, 2007. See
4-
0
Exhibit 12.
23. On January 21, 2015, the Monroe County Board of County Commissioners
e(
authorized the initiation of a civil action against the Defendant seeking injunctive relief, money
judgment, foreclosure and writ of execution. c
c,
24. The lien referenced in Paragraph 19 above (Exhibit 10)remains unsatisfied due to
E
non-compliance and fines and costs owed. -�
25. Defendants have failed to bring the property into compliance with the Special
co
CD
Magistrate's Order and the Monroe County Code, therefore, the fines continue to accumulate. C44
CD
CODE ENFORCEMENT CASE NO. CE06110238
26. The County initiated another case regarding the unsafe conditions of the Property;
Code Case CE060110238 was created on or about November 29, 2006.
Packet Pg. 3868
w.3.a
27. Following an investigation and inspection(s), a Notice of Administrative Hearing
and Notice of Violation (see Exhibit 13) regarding Code Enforcement Case No. CE06110238 in
the tribunal below was filed, concerning the Property described in Paragraph 4 above. Service was
N
perfected upon Defendant via posting on January 12 and January 19, 2007 (see Exhibit 14).
LO
T_
28. At the hearing on March 6,2007,the Special Magistrate entered a Findings of Fact,
Conclusions of Law, and Order wherein the property was found in violation of:
Monroe County Code 19-129(a)(b)(c)(d): Parking of trucks, trailers and travel
trailers.
Monroe County Code 19-95: Abandoned vehicles.
Monroe County Code 19-96: Abandoned watercraft.
Monroe County Code 5.5-16(b)(1): Prohibition on live-aboard vessels in
residential areas.
a�
Monroe County Code 64(a)(c): Unsafe buildings. ,
v)
4-
Monroe County Code 8-17(a): Premises to be cleaned and mowed. c
Monroe County Code 9-.5-111(1): A building permit is required. 2
A true and correct copy of the Findings of Fact, Conclusions of Law, and Order is attached hereto as
Plaintiffs Exhibit 15, and its provisions are incorporated herewith.
0
29. The Special Magistrate set a compliance date of March 22, 2007 ordering the
Defendant to comply with the provisions of said Monroe County Code (see Exhibit 15).
30. The property owner did not gain timely compliance by the deadline of March 22,
co
CD
2007 set in the Special Magistrates Order. Since the code violations were not corrected the special
N
N
magistrate entered an Order Imposing Penalty/Lien was recorded as a lien on May 8, 2007 in Book
2292, Pages 1827-1828 (see Exhibit 16) and fines began to accrue as of March 23, 2007 as
follows:
Packet Pg. 3869
w.3.a
$100.00 per day for the violation of Monroe County Code §19-129(a)(b)(c)(d)
$100.00 per day for the violation of Monroe County Code §19-95
$100.00 per day for the violation of Monroe County Code §19-96
$100.00 per day for the violation of Monroe County Code §5.5-16(b)(1) _
$100.00 per day for the violation of Monroe County Code §64(a)(c)
er
$100.00 per day for the violation of Monroe County Code §8-17(a)
$100.00 per day for the violation of Monroe County Code §9.5-111(1)
LO
T_
Fines would continue to accrue from March 23, 2007 until the Defendant complies with the Order
described in Plaintiffs Exhibits 13 and 15. ,
a.
31. A notice of Motion to Authorize Collection Proceedings & Notice of Hearing was t�
furnished to Defendant October 30, 2007 and posted at the Monroe County Courthouse and at the
subject property per Affidavits of Posting dated November 13, 2007. See Exhibit 17.
a�
32. An Order Authorizing Foreclosure was entered on November 29, 2007. See
Exhibit 18.
33. On January 21, 2015, the Monroe County Board of County Commissioners
4-
0
authorized the undersigned attorney to initiate a civil action against the Defendant seeking 6
injunctive relief, money judgment, foreclosure and writ of execution.
e(
34. The lien referenced in Paragraph 29 above (Exhibit 16)remains unsatisfied due to
non-compliance and fines and costs owed. c
t�
35. Defendants have failed to bring the property into compliance with the Special
E
Magistrate's Order and the Monroe County Code, therefore, the fines continue to accumulate. -�
36. The total amount of fines for all three Code Enforcement cases as of December 18,
co
CD
2020 are over $6.5 million dollars: N
CD
cv
CE05020266 Non-Compliant:
15.5-21 has been running for 5537 days @ $100.00 per day and is currently $553,700.00
CE06040127 Compliant:
19-129(a)(b)(c)(d)ran for 3338 days @ $100.00 per day for $333,800.00
19-95 ran for 3926 days @ $100.00 per day for$392,600.00
8-17(a) ran for 3338 days @ $100.00 per day for $333,800.00
Packet Pg. 3870
w.3.a
Non-compliant charges still running as of today:
19-63 has been running at$100.00 per day for 5019 days and is currently $501,900.00
5.5-16(b)(1) has been running at$100.00 per day for 5019 days and is currently
$501,900.00
64(a)(c) has been running at$100.00 per day for 5019 days and is currently $501,900.00
9.5-111(1) has been running at$100.00 per day for 5019 days and is currently T_
$501,900.00
= $1,060,200.00 compliant fines
CL
= $2,007,600.00 non-compliant(running fines)
For a total of$3,067,800.00
CE06110238 Compliant:
19-129(a)(b)(c)(d)ran for 3338 days @ $100.00 per day for $333,800.00
19-95 ran for 3926 days @ $100.00 per day for $392,600.00
E
64(a)(c)ran for 3926 days @ $100.00 per day for $392,600.00
8-17(a) ran for 3338 days @ $100.00 per day for $333,800.00
e(
Non-compliant charges still running as of today: E
19-96 has been running at$100.00 per day for 5019 days and is currently $501,900.00 —�
5.5-16(b)(1) has been running at$100.00 per day for 5019 days and is currently
$501,900.00 0
9.5-111(1) has been running at$100.00 per day for 5019 days and is currently
$501,900.00 2
= $1,452,800 compliant fines
= $1,505,700 non-compliant(running fines)
For a total of$2,958,500.00
0
COUNT
(Nuisance)
37. The County reincorporates the allegations set forth in paragraphs 1 through 35
co
CD
above, as if the same were fully set forth herein.
N
38. On or about April,2006,the County received a complaint aboutthe subjectproperty
regarding the lack of a sewer connection; exposed electrical wires; trash and debris; abandoned
vehicles and vessels; live-aboard vessels, an R-V with habitation, and trailers moved onto the
subject property with no permits.
Packet Pg. 3871
w.3.a
39. On or about January 2007,Notices of Violation/Notices of Hearing concerning two
code enforcement cases were posted at the subject property, serving as notification to the property
owner to attend a hearing scheduled for January 25, 2007, before the Monroe County Code
N
Enforcement Special Magistrate. On January 25, 2007, both code violation cases were continued
LO
T_
until February 22, 2007.
40. On February 22, 2007, the Special Magistrate found the now-deceased Jerome E. CL
Pfahning ("the decedent") in violation, but reserved imposition of fines and issued Jerome E.
ca
Pfahning a new compliance date of March 22, 2007,with a hearing scheduled for March 29,2007.
The decedent's subject property was not compliant as of March 22, 2007. On March 29, 2007, the E
a�
subject property was still not compliant and the Special Magistrate imposed a fine of$100.00 per
day,per each violation. E
a�
41. Currently daily fines of $800.00 per day are still accruing on 8 of the 14 charges
0
that remain uncompliant; the current total owed as of December 18, 2020 is $6,580,000.00 plus >
2
costs of$2,833.26.
42. The subject property owned by the Pfahning Estate is a danger to the public. They
structural integrity and overall safety of the subject property is compromised, causing potential 0
harm to anyone who enters, including public safety personnel. The subject property is also a a
e(
potential harborage for nuisance animals.
43. The subject property is unsightly and reduces the value of surrounding properties. co
CD
Copies of photographs depicting the condition of the subject property are attached as Exhibit 19.
N
44. The Pfahning Estate owns a property that tends to annoy the community or injure a
the health of the community and is therefore guilty of maintaining a nuisance pursuant to Fla. Stat.
§823.05.
Packet Pg. 3872
w.3.a
45. When a nuisance exists, as defined by Fla. Stat. §823.05, the Court may order the
abatement of the nuisance including the issuance of temporary and permanent injunctions,per Fla.
Stat. §60.05 and §60.06.
er
N
46. All conditions precedent to the maintenance of this action have occurred or been
LO
T-
waived.
47. The Property owned by Defendants is a danger to the public. The structural integrityCL
and overall safety of the subject property is compromised, causing potential harm to anyone who
ca
enters, including public safety personnel. The Property is also a potential harborage for nuisance
animals. E
m
48. The Property is unsightly and reduces the value of surrounding properties, which
has prompted citizen complaints. Copies of photographs depicting the condition of the subject E
�
property are attached. See Exhibit 19.
4-
0
49. The Defendants own a property that tends to annoy the community or injure the 76
>
2
health of the community and is therefore guilty of maintaining a nuisance pursuant to Fla. Stat.
§823.05.
50. When a nuisance exists, as defined by Fla. Stat. §823.05, the Court may order the 0
abatement of the nuisance including the issuance of temporary and permanent injunctions,per Fla. a
e(
Stat. §60.05 and §60.06.
COUNT II co
CD
(Injunctive Relief)
N
51. The County reincorporates the allegations set forth in paragraphs 1 through 35
above, as if the same were fully set forth herein.
52. Pursuant to Chapter 162,F.S.,the County is authorized to adopt ordinance and code
provisions and to seek injunctive relief in order to enforce those provisions.
Packet Pg. 3873
w.3.a
53. Upon information and belief, to date, the Defendants remain in violation of the
aforesaid provisions of the Monroe County Codes.
54. An injunction is necessary to compel the property owner to cure the violations.
cv
WHEREFORE,the County requests that the following relief be granted by this Court:
LO
T-
CD
A) Pursuant to Fla. Stat. §823.05, declare the subject property located at 6633 S
Maloney Avenue, Stock Island, Monroe County, Florida, to be a nuisance;
CL
B) Permanently enjoin the Pfahning Estate from maintaining the nuisance by
requiring demolition of structures, cleanup of the subject property and/or
removal of any objects that present potential health, welfare, or danger 0
issues to the community; and,
C) If the Pfahning Estate fails to abate the nuisance: E
a�
i) Enter a judgment granting the County the authority to demolish any
structures and clean up the property;
a�
ii) enter a judgment against the Estate of Jerome E.Pfahning, deceased, E
in favor of the County for its costs to abate the nuisance, including, u
but not limited to, the cost of demolition; -
iii) enter a judgment providing that such abatement costs shall become
a lien against the subject property;
�t
iv) enter an award of Court costs to the County; and,
D) Such other and further relief as this Court finds proper and just. E
0
COUNT III
(Foreclosure) E
e(
55. The County reincorporates the allegations set forth in paragraphs 1 through 35
above, as if the same were fully set forth herein. co
CD
56. Pursuant to Florida Statute §162.09(3), the County is entitled to foreclosure upon �
the lien imposed as a result of the Defendants' code violations.
57. All conditions precedent to filing this action have been satisfied.
�t
Packet Pg. 3874
w.3.a
58. Under Florida Statute §162.10, the County is entitled to recover all costs incurred,
including a reasonable attorney's fee, in successfully prosecuting this action.
59. Currently daily fines of $800.00 per day are still accruing on 8 of the 14 charges
cv
that remain uncompliant; the current total owed as of December 18, 2020 is $6,580,000.00 plus
LO
T-
costs of$2,833.26.
WHEREFORE, Plaintiff prays for: CL
A. Judgment against Defendants,foreclosing Plaintiff s lien, and if the proceeds of the
sale are insufficient to pay Plaintiffs claim including attorney's fees and costs
entry of a deficiency judgment against the Defendants; and
B. Such further relief as this Court deems just and proper. 03
COUNT IV
(Writ of Execution)
m
60. The County reincorporates the allegations set forth in paragraphs 1 through 35
above, as if the same were fully set forth herein. 4-
0
61. Pursuant to Florida Statutes §162.09(3), the County petitions this Honorable Court
2
to issue a writ of execution as an alternate remedy to collect the unpaid Code Enforcement fines
and costs owed by the Defendants.
WHEREFORE, the Plaintiff prays for:
A. Entry of a Writ of Execution against the property of the Defendants; and E
e(
B. Such further relief as this Court deems just and proper.
COUNT V coCD
(Money Judgment)
cv
62. The County reincorporates the allegations set forth in paragraphs 1 through 35
above, as if the same were fully set forth herein.
63. Pursuant to Florida Statutes § 162.09(3) and § 162.125, the County is entitled to a
money judgment for unpaid fines imposed by the Special Magistrate.
Packet Pg. 3875
w.3.a
64. Currently daily fines of $800.00 per day are still accruing on 8 of the 14 charges
that remain uncompliant; the current total owed as of December 18, 2020 is $6,580,000.00 plus
costs of$2,833.26.
cv
65. Under Section 162.10, F.S., the County is entitled to recover all costs incurred
LO
T-
including a reasonable attorney's fee against Defendants.
WHEREFORE Plaintiff prays for: CL
A. Entry of a judgment against Defendants for money damages, for the total
amount owed Plaintiff as of the date of the Final Order, including all costs
and a reasonable attorney's fee; and
B. Such further relief as the Court deems just and proper. 03
0)
DATED at Key West, Monroe County, Florida, this 6ch day of August 2021.
Respectfully submitted, E
a�
Paunece Scull )
Paunece Scull 0
Assistant Monroe County Attorney
FBN: 7429477
Scull-Paunece@MonroeCounty-FL.Gov
Attorney for Plaintiffs
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040 c
c,
Telephone: 305-292-3470
Telefax: 305-292-3516
e(
co
CD
cv
CD
cv
Packet Pg. 3876
W.3.e
2{4 $N
CL
t
t5
A5��.
i
r1
� t �
rn v
k �# Y E
z
U
79,
CO
,x, N
N{� CD
0
Cu
Sx �
CL
�i fi I 4M�
tM
a{{ y o
r
� us
pq r t
rr E
MAE
x
u
Packet Pg. 3877
W.3.e
ws
�1 a y�* s
CIO
t 4
E
I
W 0
r r ;
Co
p r
m
ar c44t
m
CD
CD
CD
CD
CD
CD
CD
ii Mail
CD
N
N
0
0
L.
0
0
CL- -
t
t i t
a �?,U)�sa t" \ 4 1ss{1r tsr r ,}�i fl;��trra�S sl �S� 31a,15 I s\fir4tr�Y��, 411
�1 s s a���a\�i `� ,r�R tsN t s ss -.t ssr t,r r ej rctt 1., � 1l1sS it4��t �r�lll�tl�4 a`• �
t. {
Packet Pg. 3878