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Item I3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 Division: Growth Management Bulk Item: Yes No X Department: Code Compliance Staff Contact Person/Phone #: Christine Hurley 289-2517 AGENDA ITEM WORDING: Approval to file a circuit court action to obtain a court order authorizing demolition by the County of an unsafe, unoccupied, non -homesteaded uninhabitable mobile home located at B40 9th Avenue, Stock Island, Monroe County, Florida owned by Vivian and Everett Owl. ITEM BACKGROUND: Consistent with the attached policy approved by the BOCC on June 15, 2011, the Building Official inspected the property on May 10, 2012, whereby he determined that the structure created an unsafe condition for the neighborhood and deemed the structure uninhabitable. The structure is not occupied. He further determined that the structure needs to be demolished. The property was posted with an order to demolish uninhabitable unoccupied non -homestead structure and a certified letter which includes the violations observed by the building official was mailed to the property owners on June 4, 2012 giving the property owners 30 days to comply or appeal his findings. The appeal period expired on July 3, 2012. The structure has not been removed. The county has exhausted all other mechanisms available to persuade the property owner to achieve compliance. A code compliance investigation began on July 20, 2010, when the County received a complaint about a decaying and abandoned mobile home at B40 9th Avenue, Stock Island. On August 5, 2010 a Notice of Violation/Notice of Hearing was sent to the property owners via certified mail. The property owners entered into a "Stipulation to code violation and for time to comply for first time offenses" agreement with Monroe County on August 23, 2010, agreeing to a compliance date of November 18, 2010 with daily fines in the amount of $450.00 if compliance was not achieved by the compliance date. On August 26, 2010 the Code Compliance Special Magistrate entered an order approving the Signed Stipulation Agreement with Monroe County. The property owners were given four (4) subsequent extensions of the compliance date and agreed to a final compliance date of May 31, 2012. As a result of the stipulated agreement and the Special Magistrate Order, daily fines in the amount of $450.00 per day have accrued since June 1, 2012 for approximately 80 days for a total of $36,000.00 and they continue to accrue. The property is still not compliant. The subject property in its current condition presents a threat to the public health, safety and welfare. If the court orders demolition and the County demolishes the structure the site will be liened for demolition expenses. PREVIOUS RELEVANT BOCC ACTION: On June 15, 2011 the BOCC approved a process and procedure for the removal of unsafe, unoccupied, non -homestead uninhabitable structures to protect the health, safety and welfare of Monroe County citizens. CONTRACT/AGREEMENT CHANGES: N/A P1130CC AGENDA ITEM\AGENDA Demolition Owl.doc STAFF RECOMMENDATIONS: Approval from BOCC to proceed to Circuit Court to request a demolition order of the offending structure. TOTAL COST: estimated $6,000 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: estimated $6,000 SOURCE OF FUNDS: Growth Management REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 P:WCC AGENDA ITEM\AGENDA Demolition Owl.doc m MONROE COUNTY GROWTH MANAGEMENT AFFIDAVIT OF POSTING I, Tucker Phinnev, Monroe County (Department): Building Inspector, declare under penalty of perjury, that I posted the property owned by: Vivian & Everett Owl, described as Bk B L40 Lincoln Gdns # 1, having the property RE#: 00132230.000000 with an Order to Demolish Uninhabitable Unoccupied Non - Homesteaded Structure. THIS NOTICE WAS POSTED AT: SUBJECT PROP RTY AS STATED ABOVE Date: 2 Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: to Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: !� d Z Time: lU : ,?d Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: 2;E Signature: Swom to and subscribed befo/rthisj/ day of , 20 �a 0 - ;_ � Notary Public, State of Florida CER�ICAF MAILING: �► _ 1, , Monroe County (Department): /' + , declare under penal of perjury, that I mailed a duplicate copy of the above -men Toned Notice via First bass Mail to: Owner. �.��, /S Uc� L, Address: � �/ o c �/E��-L Sic t; TS c-rg,y'�j � ,C L. 3 3 o y /V Signature: `�u 4,a-�+— Sworn to and subscribed before me this 'day of Notary Public, State of Florida ,�µro'•, NICOLE MD7995 ��° w`� Notary Public - a '- My Comm. Expir13 "-+ Commission d Bonded Through Natn. THIS STRUCTURE(S) HAS BEEN DEEMED BY THE BUILDING OFFICIAL TO BE UNINHABITABLE PURSUANT TO CHAPTER 6-27 OF THE MONROE COUNTY CODE. PropertyLocation/Address: B40 9th Avenue, Stock Island, Florida 33040 Owner(s) Name: Everett & Vivian Owl Legal Description: BKB Lot 40 Lincoln Gardens NO-1 Stock island PBS-89 OR466-878-879 OR406-105 OR764-424 r THE OWNER OF THIS STRUCTURE(S) SHALL DEMOLISH THE STRUCTURE(S) IMMEDIATELY OR IN ANY CASE WITHIN 30 DAYS OF THIS ORDER. IF THE OWNER FAILS TO DEMOLISH THE STRUCTURE, THE STRUCTURE SHALL BE SUBJECT TO DEMOLITION BY MONROE COUNTY. If the County is forced to correct your violation(s), an order will be imposed for reimbursement to the County for all costs incurred. The imposition of fines and/or costs shall result in a lien against you and your property. THE OWNER OF THIS PROPERTY MAY APPEAL THIS FINDING WITHIN 30 DAYS OF THE DATE INDICATED BELOW. If the owner dasires to appeal then the owner shall complete and submit a written notice of appeal to the building department (address below) within 30 days of this order. The notice of appeal shall be in a form approved by the building official and accompanied by a nonrefundable fee. No notice of appeal shall be deemed complete without payment of required fees. Forms may be obtained from and returned to: Monroe County Building Official- Board of Adjustments and Appeals 2798 Overseas Highway #300 Atnr'Barbara Nevers Marathon, FL. 33QSO i Monroe County Official/Designee 'Date aIN Hr, Monroe County Building Department We strive to be caring, professional and fair UNINHABITABLE -UNSAFE -NON -HOMESTEADED, STRUCTURE DEMOLITION Everett & Vivian Owl B40 9`h Avenue Stock Island, Florida 33040 RE: Property Location/Address: Owner(s) Name: Legal Description: Dear Mr. & Mrs. Owl: NOTICE May 30, 2012 B40 9th Avenue, Stock Island, Florida 33040 Everett & Vivian Owl BKB, LOT 40, Lincoln Gardens NO-1 Stock Island PB5-89 OR466-878-879 OR406-105 OR764-424 Upon inspection, the structure at the above cited location has been determined to be uninhabitable, unsafe and non -homesteaded pursuant to §6-27 of the Monroe County Code, and is subject to the Monroe County Code Compliance Unsafe, Unoccupied, and Non -Homestead, Uninhabitable Structure Removal Procedure authorized by the Board of County Commissioners on June 15, 2011. The following violation(s) have been observed: 1. Monroe County Code of Ordinances(MCCO)§6-27(b)(2)(a) - The mobile home and addition is dilapidated to an extent that various components and exterior sheathing are hanging and no longer protecting the interior environment. 2. MCCO§6-27(b)(2)(b) - The floor framing and sidewalls have deteriorated and no longer offer the load carrying capacity as originally designed. 3. MCCO§6-27(b)(2)(c) - The mobile home/addition is in a state of partial collapse. 4. MCCO§6-27(b)(2)(d) - The blocking of the mobile home has failed and no longer properly secures the mobile home as required by Florida Rule 15C-1, §15C1.10102. 5. MCCO§6-27(b)(2)(e) - The originally designed and factory installed electrical system is not intact and capable of safely supplying electricity. 6. MCCO§6-27(b)(2)(h) - The mobile home has been enlarged and altered in violation of Florida Rule 15C-2, 15C-2.0081(1)(a) requires additions to be free standing and self-supporting. 7. MCCO§6-27(b)(2)(i) - The mobile home is vacant and abandoned. This structure(s) shall not be occupied or entered unless by authorized agents of the owner for compliance purposes only. Compliance can be achieved by demolishing the structure(s) immediately. Failure to comply within 30 days of the date of this notice will result in the structure(s) being subject to demolition by the County. If you have questions about the structure(s) or violations contact Tucker Phinney or Jerry Smith at 305-453-8800. If you do not demolish the structure(s) and if you do not appeal this decision of the Building Official then the County may seek legal remedies through the Court to allow the County to demolish the structure(s). The County may also seek reimbursement of costs incurred by the County for the prosecution and the demolition. Additionally you may be subject to the imposition of fines and or other penalties. The imposition of the costs fines and or other penalties may result in a lien against you and any property that you may own. YOU MAY APPEAL THIS DECISION WITHIN (30) THIRTY DAYS OF THE DATE OF THIS ORDER In order to appeal, you must complete and submit the written notice of appeal (attached) to the Monroe County Building Department within (30) thirty days of the date of this order accompanied by the nonrefundable fee. The notice of appeal shall not be deemed complete without payment of the required fees. Completed appeal forms should be submitted to: Monroe County Building Official -Board of Adjustments and Appeals Attn: Barb Nevers 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305)289-2556, County Building Official CERTIFICATE OF SERVICE I hereby certify that this notice has been furnished to the above named addresses(s) by Certified Mail, Return Receipt Request No. 70062760000070029668 on June / 3 , 2012. Building Department ■ Complete items 1, 2, and 3. Mao complete bm 4 N Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplace, or on the front If space permits. 1. Article Addressed to. Everett & Viviau Owl B40 9th Avenue Stock Island, Florida 33040 2. Article Number (IMnsfertom sa robs label) PS Form W 1, February 2004 A signA ,%� ' ent v Addressee B. ived by (PdMed Name) Date of Delivery a a D. Is delivery address difIerent from Item 17 ❑ Yes If YES, enter delivery address below: o a Type �Yfled Mau o Registerw D hmmaed Mail WRBIUM ReoNpt for ttlterc9rendise 0 C.O.D. 4. RwWcted Delhray pit Fee) t7 Yes 7006 2760 0000 7002 9668 Domestic Return Receipt 1Q? -Wj64o UD O rq O N O O W V Q) Q s C1 O 4e m Q N w ca V "0 C N CO) Y U O CO A O N T-- C O C_ O 'C O a � Q N AM; C N Y U O CO O N Q� O N 00 m 4 U c U c BOARD OF COUNTY COMMISSIONERS t y m i n U—M)o AGENDA ITEM SUMMARY � L V ,, Meeting Date: June 15. 2011 Division: Growth Manaeemeot Bulk item: Yes x No _ Department: olj Staff Contact Pesaonftono * Ronda Norman Z89-520 AGENDA ITEM WORDING: Approve a Process and Pvmdme for the removal of unsafe, unocxvpicd, non - homestead structures to protect the health safety and welfare of Monroc County residents. ITEM BACKGROUND: The overarching goal of Code Compliance is to protect the health safety and welfare of property owners within Monroe County by obtaining compliance with building and other codes established by the Cor m fission. At times, the non ul administrative hearing process for Code Compliance does not provide results which meet the ultimate goal. Because the Code Compliance admmnhwm hearing process doesnt always producc compliance, duce to its inberent limitetiams, which doesn't acbim ultimate removal of unsafe structures, staff is :equating this policy be approved so the County can protect residents and citizen from unsafe conditions. This process would allow County attorneys to seek Board approval to proceed to a court to obtain a ddcrusination. that existing unssfe, unoccupied, non tom ode ad properties should be demolished. The Board budgeted $60,000 to accomplish demolition of these types of structures when property owners will not demolish on their own. The cost of would be limed against the property. Attached is the: final recommended Process and Procedure for the removal of unsafe, unoccupied, non - homestead structures. PREVIOUS RELEVANT BOCC ACTION: April 21, 2010 — BOCC authorized staff to formulate a process and procedure for the removal of unsafe, unoccupied and non homesteaded struc� CONTRACT/AGREEMENT CHANGES: MA STAFF RECOMMENDATIONS: Approval TOTAL COST:.AWmL S60.000 aanmlly INDIRECT COST: BUDGETED: Yes _X_,No III NTIALOFLOCAL PRE>PERENCE: $6.000 per unit (e 'mat —with lien Quit on real property to assure fibre recapture of finds esoend COST TO COUNTY., SOURCE OF FUNDS: REVENUE PRODUCING: Yes __._ No X AMOUNT PER MONT$_ Year APPROVED BY: County Attorney x__ OMAJPurcbasirq Risk Management DOCUMENTATION: Included _) Not Required DISPOSMON• AGENDA ITEM # 111'age MONROE COUNTY CODE COMPLIANCE UNSAFE, UNOCCUPIED, AND NON -HOMESTEAD UNINHABITABLE STRUCTURE REMOVAL PROCEDURE AS OF 4130/11 Administrative Assistant 1. Mourne County Code Compliance receives or initiates a complaint of an unsafe shucturc 2. Code Compliance Administrative Assistant takes complaint and completes the "New Case" check list 3. Complaint is routed to the Code Compliance Director for review Code Compliance Director 4. Director reviews complaint and assigns the case to appropriate inspector Code Compliance Inspector Code Compliance Inspector S. Code Compliance inspector inspects property and documents conditions. Reports back to Code Compliance Director with Uninhabitable Structure Inspection Request/Refenal Code Compliance Director 6. Uninhabitable Structure Inspection Request and Referral given to the Building Official. 1. Building Official makes, an initial deteminstion whether demolition will be required or if rehabilitation and/or repair of the structure would be a more reasonable approach to remedying the violation. If detem2ination is made that the property may need to be demoliahed, the Building Official will make a site inspection with the Inspector 2. Building Official inspects property and completes Unsafe Strucbuce Report for demolition if determined to be uninhabitable. 3. Building Official will make reference to the specific violations of the Florida Building Code, Monroe County Code, and/or any other relevant Code adopted by the County. 4. Building Official Posts NOTICE OF UNIHABITABLE STRUCTURE AT PROPERTY (includes language for appeal process, fines liens and Monroe County intent to Abate etc) 5. Building official provides copy Uninhabitable Report to Code Compliance Director and County Attorney 21Page Code Compliance and county Attorney 1. If violation presents an imminent threat to the health, safety, or welfare of the community, Assistant County Attorney and Code Compliance Director will confer with Chief Assistant County Attorney an whether to seek an injunction fiom the Cuturt Court. s. If threat to health, safety, or welfare is so severe that time will not permit the County Atbomey's Office to seek authority fi+nm the BOCC before seeking injunction, County Attorney will MC petition for temporary injunction and inform the Commission and the Administrator by email. b. If the property poses a threat to health, safety, or welfare of the community but is not of such a severe nature that immediate action is required, the County Attorney will seek permission fiom BOCC at neat regular BOCC meeting to file the suit for injumctive relief c. The suit Will seek an order requiring demolition of offending structure within 20 days afier the order granting the injunction becomes final. The County will request authority from the Court to demolish the offending structure if the deadline imposed by the Court is not met. The County will also seek to recover all demolition coats as well as wets of suit from the property owner. 2. If the shuchue does not pose an imminent threat to the health, safety, and welfare of the community, the Code Compliance Department shall issue a notice of violation and proceed through the established process before the Code Compliance Special Magistrate. a. If the property is found in violation at the hearing, the Code Compliance Director, after consulting with the Assistant County Attorney, will request that the Special Magishate enter an order aging the demolition of the offending structure(s) by the County at the cqxmc of the pmperty owner and ad a compliance date. b. The Code Compliance Liaison shall file the demolition order with the Cleric of Court and send it to the property owner(s). c. All requests for extensions of time to comply must be done through the Special Magistrate at the hearing 31Page CORRECTED PAGE ITEM 1-10 DemoRdon Process 1. Once an order of demolition has been granted by the Court or the Special Magistrate and that order has become final, the Code Compliance Director will place an item on the agenda for the next BOCC meeting requesting the authorization of expenditure of funds to demolish the offending structure. 2. Once the BOCC approves the expenditure of funds for the demolition of a property, the Code Compliance Department will issue a RFO or RFP for demolition contractors. 3. The RFO or RFP will include as a minimum the demolition of the offending structure and the hauling away of all associated debris. The Board may, at its sole discretion, may waive any dumping fees at the County's transfer station. 4. The bid process shall be conducted pursuant to the County policy. 5. The successfirl bidder must obtain all necessary permits and completes demolition 6. The Building Official shall conduct a final inspection of demolition. 7. The contractor shall be paid after passing the final inspection. Liaison 1. The Liaison shall notify the property owner in writing of costs due for demolition & prosecution 2. The Liaison shall file liens (if not paid in 30 days) in County Clerk's office. The liaison shall notify the Code Compliance Director if the fines and costs have not been paid within 90 days of the lien being recorded. 3. The Code Compliance Director shall initiate the process for foreclosing on a property when notified by the liaison that the fines and costs have not been paid. 1IPagc BEFOL .iE COUNTY CODE ENFORCEMENT SPECIAL 6-rSTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, vs. ) ) ) Respondent(s). 1 Case No. CE_�l/�����U(� Subject Property Real Estate Number: FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Enforcement Inspector(s) and/or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: / /+ The Respondent(s) and/or Authorized Representative Si4na�.$�ipOr,cflgt�Y/7JC/I� ��/7%Di!/t�t�c, weretwere not present and dididid not contest the violation(s) t forth in the N lice of ViolationlNotice of Hearing which is Incorporated herein as 9 fully set forth. ( ) The Respondent(s) is/are the owner(s) of property located within Monroe County and was/were duty noticed of the hearing. The Respondent(s) Ware in violation of the Monroe County Code(s) as fully set forth In the Notice of Violation/Notice of Hearing filed In this case and pursuant to Section 162.07 of Florida Statutes costs In an amount to be determined at the conclusion of this case are hereby levied for the admbkwve recovery of the costs of prosecuting and investigating this matter. Costs will continue to accrue until compliance Is achieved and case Is closed. Furthermore, ndent(s) shall comply with those Code(s) referred to In the Notice of Violation/Notice of Hearing on or before ('THE COMPLIANCE DATE"). ( ) In the event the violation(s) were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH HEREIN, fine(s) In the amount of: -a7/bY=q): 'Z /ooors for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondents) islare In violation is/are hereby ORDERED. ( ) a one time One of $ is ORDERED, and the condition causing the violations) is found to present a threat to the public health, safety and welfare. it is further ordered, that the County Is hereby authorized to make all reasonable repairs which are required to bring the property into compliance and charge the respondent(s) with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter. In the event of nonpayment of fines and/or costs Imposed on Respondert(s), a certified copy of this Order may be recorded In the public records and shall thereafter constitute a lien against the lend on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings ti the Ilan remains unpaid for three months andlor may sue to recover money judgment for the amount of the lien plus accrued Interest. Please make checks payable to Monroe County Code Enforcement and mall to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2796 Overseas Hwy., Suite 330, Marathon, FL 33050. ( ) The Respondent(s) were In violation of the MONROE COUNTY Code(s) as fully set forth In the Notice of Violation/Notioe of Hearing filed In this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s) shall pay the total amount of cost and/or fines ($ t to Monroe County Code Enforcement within thirty (30) days of this Order. ZA1 % f DATED this day of John Galan Kongham, Special Page 1 of 2 ' FINAL ORDER PAGE 2 CASE NUMBER: CE10070106 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: OWL EVERETT & VIVIAN B40 9TH AVENUE KEY WEST, FL 33040 Location of Subject Property: B40 9TH AVE KEY WEST, FL 33040 RE NUMBER: 00132230000000 CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery / first clone 11_121 to Respondent(s) address of record with the Monroe County Property A raiser's Office as referenced above and/or Au rued Representative �t Q on this day of ,20�. Nicole M. Petrick, Liaison PAGE 2 of 2 County of Monroe Code Enforcement Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: OWL EVERETT & VIVIAN B40 9TH AVENUE KEY WEST, FL 33040 Location: B40 9TH AVE ,KEY WEST, FL 33040 Re Number: 00132230000000 DEAR PROPERTY OWNER, Case Number: CE10070106 You are hereby notified that an investigation of the above property on 07/20/2010 found the following violation(s): 21-20.(a) - PREMISES TO BE CLEANED PREMISES TO BE CLEANED OF ALL DEBRIS, TRASH, WOOD, AND ITEMS THROUGHOUT THE YARD. Corrective Action Required: Remove all debris, garbage, litter and/or items specified by the Code Enforcement Inspector. Removal of said materials does not authorize the cutting or removal of native or other vegetation without a permit if required. 6-27.(b)(2)a - UNSAFE STRUCTURAL ELEMENTS A BUILDING, OR PART THEREOF, SHALL BE PREUMED TO BE UNSAFE IF: THERE IS A FALLING AWAY, HANGING LOOSE OR LOOSENING OF ANY SIDING, BLOCK, BRICK, OR OTHER BUILDING MATERIAL. SIDING HAS SEPERATED FROM SIDE OF MOBILE HOME. Corrective Action Required: Contact the Monroe County Building Department and obtain a permit to repair or demolish the offending elements as described in this notice. No extra time to comply will be given as this violation poses a serious threat to public health, safety and welfare. 6-27.(b)(2)b - UNSAFE/STRUCTURAL DETERIORATION A BUILDING, OR PART THEREOF, SHALL BE PRESUMED TO BE UNSAFE IF: THERE IS DETERIORATION OF THE STRUCTURE OR STRUCTURAL PARTS. MOBILE HOME HAS SEPERATING OF ROOF, FLOORS, SIDES, COLLASPING ON LEFT REAR SIDE. Corrective Action Required: Contact the Monroe County Building Department and obtain a permit to demolish the offending structure/structural parts or obtain a permit to bring the structure/structural parts up to code. No extra time to comply will be given as this violation poses a serious threat to public health safety and welfare. 6-27.(b)(2)d - UNSAFE SAGGING LEANING A BUILDING OR PART THEREOF, SHALL BE PRESUMED TO BE UNSAFE IF: THERE IS AN UNUSUAL SAGGING OR LEANING OUT OF PLUMB OR THE BUILDING OR ANY PARTS OR THE BUILDING AND SUCH EFFECT IS CAUSED BY DETERIORATION OR OVER -STRESSING. Corrective Action Required: Contact the Monroe County Building Department and obtain a demolition permit to remove the offending structure or obtain a permit to bring the structure up to code. No extra time to comply will be given as this violation poses a serious threat to public health safety and welfare. 6-27.(b)(2)i - UNSAFE ABANDONED COVERINGS A BUILDING, OR PART THEREOF, SHALL BE PRESUMED TO BE UNSAFE IF: THE BUILDING OR STRUCTURE IS VACANT AND ABANDONED. MOBILE HOME IS VACANT AND HAS NO HABITATION. Corrective Action Required: Contact the Monroe County Building Department and obtain a permit to bring up to code or demolish as required. Remove all unapproved coverings as directed. No extra time to comply will be given as this violation poses a serious threat to public health safety and welfare. PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 08/26/2010 at 9:00 AM in the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. TO AVOID ATTENDING THE HEARING, all violation(s) noted above must be corrected by 08/05/2010. If a violation is corrected and then recurs, or if the violation is not corrected by the time specified, or if the violation is a repeat violation, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. Failure to correct the violation(s) may result in the imposition of costs of prosecution and fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. If the County is forced to correct your violation(s), the Special Magistrate will order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear in person and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. 6 You may request a continuance of the hearing for good cause shown unless an unsafe violation is alleged. Unsafe violations pose a serious threat to the Public Health, Safety and Welfare . If you choose to request a continuance, a written request on the County's form must be made five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509; Fax: (305) 289-2858. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: DOWLING VANCY Code Enforcement Inspector Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 (305) 292-4495 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified Mail, Return Receipt Request No.: 7008 1830 0000 9285 9822 on 08/05/10. (,Ldjoa. c . c ,zz 11�xtn1� Codetforcement Department ` IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than ten (10 calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". 3 UNfTEDSTATES POST& SERME. Home I Help I Sign In Track & Confirm Search Results Track & Confirm FAQs Label/Receipt Number. 70081830 0000 9285 9822 Track & Conf rm Service(s): Certified Mail" Status: Delivered Enter Label/Receipt Number. Your item was delivered at 12:22 pm on August 11, 2010 in KEY WEST, FL 33040. Co Detailed Results: ■ Delivered, August 11, 2010,12:22 pm, KEY WEST, FL 33040 • Notice Left, August 11, 2010,11:36 am, KEY WEST, FL 33040 Notificatiao Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go, bilo Map customer Service Fmins Govl Services Careers Puvacy Policy Terns or Use Business Customer Galeway Aft f7npyrightw- 2010 USPS All Rights Reserved. No Fl AR Atr I rEO Data FOW ruu Everett &'v 0 COItem 44 d 2. and &Also complete -- - B�40 9rh . f Print your name and Restricted Delivery �� verse IT, Key West,' so that we can return the card to you. Ln CE10070106/NO' N Attach ft cmd to the back of the mallplece, or on the front K space Permits. ru Postage S 1. Aftle Addressed ttr. o- C3 Certified Fee C3 Return Recelpt Fee �(Endorsement Required) Restricted Delivery Fee Everett & Vivian p (Endorsement Required) OW1 m B•40 9rb Avenue cc Total Postage & Fees Key West, FL 33040 errr re CE10070106/N0VN0H/KW/ND c ram- or PO Box No. CitK siaie: ziP`+4 .................--.• 2 Article Number EL JR QAm bby d1 �JC. [ r D. Is d*my eddimse dlffi : M imm 17 13 Yes M YE9, etrter delhfery eddreas below: �dp a raw '1111CI9rWe0 Mail O Enna Mail E3 PA a Dt Receipt for mwoh ndlee 4. RttebiCred ffidra Feq E3 yes Monster f mswvkebw � 7008 1830 D000 9285 9822 Will! I :®r ,r. F- Fonr13811,Feb u February 2W4 Demesne Rattan zp--- 10259542-WINO http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 8/12/2010 r, Pr6 erty Search -- Monroe County Property Appraiser Page 1 of 4 Karl D. Borglum office (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe Count Florida VInter a tested on ,y� Internet Explorer ------ GIs Mapping requires Adobe Flash 10.3 or higher. Alternate Key: 1166383 Parcel 00132230-000000 Ownership Details Mailing Address: OWL EVERETT & VIVIAN B-40 NINTH AVENUE KEY WEST, FL 33040 Property Details ' s PC Code: 02 - MOBILE HOMES Millage Group: 110A Affordable Housing: No i Section -Township- 35-67-25 Range: Property Location: B40 9TH AVE SOUTH STOCK ISLAND Subdivision: LINCOLN GARDENS NO 1 ! Legal Description: BKB LT 40 LINCOLN GARDENS NO-1 STOCK ISLAND PB5-89OR466-878-879 OR406-105 OR764- 424 i l t II Show Parcel Map - Must have Adobe Flash Player 10.3 or higher j Land Details 1 I Land Use Code Frontage Depth Land Area 020D - MOB HOME DRY 0 0 3,441.00 SF Building ummary Number of Buildings: 1 Number of Commercial Buildings: 0 Total Living Area: 1632 Year Built: 1967 Building 1 Details Building Type R1 Effective Age 61 Condition P Perimeter 176 Quality Grade 250 Depreciation % 54 httn-//www mrnnfl nra/PrnnCPnrrh nenx 1)/1)7/7()11) Property Search -- Monroe County Property Appraiser Year Built 1967 Special Arch 0 Functional Obs 0 Economic Obs 0 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen. Roof Type FLAT OR SHED Roof Cover MIN/PAINT CONC Heat 1 NONE Heat 2 NONE Heat Src 1 NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 0 3 Fix Bath 1 4 Fix Bath 0 5 Fix Bath 0 6 Fix Bath 0 7 Fix Bath 0 Extra Fix 0 12FT.. 15FT. 3 FIFLA 1 . tic EO FT. 7 FT FT 4 F 79PF 29 4 FT. t t2-64 F7 Sections: Gmd Floor Area 1,632 Foundation CONC BLOCK Bedrooms 2 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 FLA 8:METAUALUM 1 1986 N N 0.00 0.00 1,632 2 SPF 8:METAUALUM 1 1994 N N 0.00 0.00 112 Misc Improvement Details Page 2 of 4 Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 CL2:CH LINK FENCE 160 SF 40 4 1966 1967 1 30 Appraiser Notes NO REPAIRS HAVE BEEN MADE httn•//www mrnafl nra/Prnn4earnh acnx ?/??/?nl I Prdperty Search -- Monroe County Property Appraiser Page 3 of 4 2001-02-12 CHANGED THE QG FROM 300 TO 250 AND REMOVED THE ARCH DESIGN CODE' Y' FOR THE 2001 TAX ROLL. SKI E 14-1 EA ADJ FOR WILMA DAMAGE FOLLOW-UP, 2/15/2007. RON i Parcel Value History Certified Roll Values, View Taxes for this Parcel. Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2011 28,160 112 25,089 53,361 53,361 0 53,361 2010 28,160 112 24,222 52,494 52,494 0 52,494 2009 30,945 112 48,444 79,501 31,403 25,000 6,403 2008 28,132 112 130,758 159,002 31,372 25,000 6,372 2007 38,682 100 172,050 210,832 30,458 25,000 5,458 2006 64,141 100 154,845 219,086 29,715 25,000 4,715 2005 79,608 100 120,435 200,143 47,002 25,000 22,002 2004 62,849 100 68,820 131,769 45,633 25,000 20,633 2003 36,870 100 32,690 69,660 44,783 25,000 19,783 2002 37,637 100 29,249 66,986 43,734 25,000 18,734 2001 32,685 100 23,227 56,012 43,046 25,000 18,046 2000 33,059 0 23,227 56,286 41,793 25,000 16,793 1999 35,063 0 16,345 51,408 40,695 25,000 15,695 1998 30,054 0 16,345 46,399 40,055 25,000 15,055 1997 23,041 0 16,345 39,386 39,386 25,000 14,386 1996 23,041 0 16,345 39,386 39,386 25,000 14,386 1995 23,041 0 16,345 39,386 39,386 25,000 14,386 1994 22,182 10,294 16,345 48,821 -48,821 25,000 23,821 1993 1992 22,182 19,289 10,605 9,494 16,345 16,345 49,133 45,128 49,133 45,128 25,000 25,000 24,133 20,128 1991 19,289 9,765 16,345 45,399 45,399 25,000 20,399 1990 19,289 10,036 15,485 44,810 44,810 25,000 19,810 1989 19,289 10,307 14,452 44,048 44,048 25,000 19,048 1988 15,612 8,009 11,527 35,148 35,148 25,000 10,148 1987 15,418 8,214 11,527 35,159 35,159 25,000 10,159 1986 14,225 3,184 11,527 28,936 28,936 25,000 3,936 1985 12,394 3,184 11,484 27,062 27,062 25,000 2,062 1984 11,649 3,184 11,484 26,317 26,317 25,000 1,317 1983 11,649 3,184 11,484 26,317 26,317 25,000 1,317 1982 11,851 3,184 8,992 24,027 24,027 24,027 0 Parcel SalesHitory httn-//www.mcnafl.org[Pron'.;ea.rch-a.,,nx 2/22/9,012 f Property Search -- Monroe County Property Appraiser Page 4 of 4 NOTE: Sales do not generally show up in our computer system until about two to three months after the F date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. E i Sale Date Official Records Book/Page Price Instrument Qualification s i 6/1/1978 764 / 424 4,000 00 Q. I a This page has been visited 140,954 times. Monroe County Property Appraiser Karl D. Borglum P.O. Box 1176 Key West, FL 33041-1176 httn•//www.mr,nnfl.nra/Prnniearr`h acnx 1h1)/1)n11)