Loading...
Item I5BOARD 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 unsafe, unoccupied, non -homesteaded, uninhabitable structure located at 813 Madrid Road, Key Largo, Monroe County, Florida owned by John Varone. ITEM BACKGROUND: Consistent with the attached policy approved by the BOCC on June 15, 2011, the Building Official inspected the property on June 11, 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. Included as evidence is a Unsafe Uninhabitable Non -homestead Structure Building Checklist Form -Report which itemizes the violations. 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 owner on July 27, 2012 giving the property owners 30 days to comply or appeal his findings. The appeal period expired on August 27, 2012. The structure has not been removed. The county has exhausted all other mechanisms available to persuade the property owner to achieve compliance. The code compliance investigation began on June 26, 2009. The County received a complaint that a structure was destroyed by fire and the charred remains had not been removed. After an investigation by Code Compliance, a Notice of Violation/Notice of Hearing for Code Case CE09070002 was mailed "certified mail return receipt" to the property owner on July 17, 2009. Notice was also posted at the subject property and the courthouse on August 4, 2009, and mailed first class mail. A hearing was held on August 27, 2009 and the property owner did not attend. The Special Magistrate found the property owner in violation of an unsafe structure and ordered a fine in the amount of $250.00 per day to accrue until compliance is achieved. The Special Magistrate also entered an order giving the County authority to take corrective action and recover all costs. This order was filed in the Official Records on September 4, 2009 and a copy of the order was mailed first class mail to the property owner. Shortly after the fire, the mortgagor (Bank of America) filed a Lis Pendens on this property in the Monroe County Clerk's Office. The County continuously corresponded with the bank and their property preservation representatives regarding the condition of the property. The bank took action to board the property and install a barrier. The bank's foreclosure action was eventually dismissed by the court on November 17, 2011 for failure to prosecute. Therefore, the property is still owned by John Varone. As a result of the code compliance action and the Special Magistrate Order, daily fines in the amount of $250.00 per day have accrued for approximately 1089 days for a total of $272,250.00 and continue to accrue. All attempts to gain voluntary compliance from the property owner have failed. The County has never received a response from any correspondence since the inception of this case. The subject property, in its current condition, presents a threat to the public health, safety and welfare. P:IBOCC AGENDA 1TEM\AGENDA Demolition Varone.doc 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 structures of protect the health, safety and welfare of Monroe County citizens. CONTRACT/AGREEMENT CHANGES: N/A 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 Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 P:\BOCC AGENDA 1TEM\AGENDA Demolition Varone.doc d0 c H 0 a (L) 0 t 0 U 10 M O a v m 2 rn 00 m MONROE COUNTY GROWTH MANAGEMENT AFFIDAVIT OF POSTING Monroe County (Department): declare under penalty of perjury, that I posted the owned by: �► a r� described as / 3 anP +' up a j- having the property RE*' E-03QZU3 with an Order to Demolish nl bit e Unoccupied Non -Homesteaded Structure. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: �j Time: If Signature: y t Sworn to ano-s�bscribed befre me this ' day of CERTIFICATION OF MAILING: 20 1. CUTIE L -Rdra—ry Public • State of Florida my cNetaryroRlubllbo6 ft If Florida Commission M EE 35572 Bonded Through National Nutary Assn, 1p I, , Monroe County (Department): , declare under penalty of perjury, that I mailed a duplicate copy of the above -mentioned Notice via First Class Mail to: Owner: , Address: Signature: Sworn to and subscribed before me this day of .20 Notary Public, State of Florida MONROE COUNTY GROWTH MANAGEMENT AFFIDAVIT OF POSTING I, r r Monroe County (Department):• , declare under nalty of perjury, that I posted jhe roperty owned by:_,I- .r r_ described as ) nc L having the property RE# with an Order to De m 12bitable Unoccupied Non -Homesteaded Structure.'"� THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: QL Time: me Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: OF ING Time: Signature: , declare Class Mail r Sworn to and subscribed before me this day of AIJUIS 20 . Notary Public, State of Florida "��•y NICOLE M. PETRICK Notuy Public - Stab of Florida 3• •- My Comm. Expires Dec 12. 2013 Commission # DID 917995 m Bonded Through National Notary Asen. ORDER TO DEMOLISH UNINHABITABLE UNOCCUPIED NON -HOMESTEAD STRUCTURE 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: 813 Madrid Road, Key Largo, Florida 33037 Owner(s) Name: John P. Varone, Jr. Legal Description: - - OR938-2247/48Q/C OR962-1120R/S OR1333-1664 OR1333-1665 OR1517-805/06 OR2331-435 OR2376-102/03 THIS STRUCTURE(S) SHALL NOT BE OCCUPIED 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 desires 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- 2798 Overseas HIghw§VJ3 Marathon, FL 33OW , Monroe of Adjustments and Appeals Barbara Nevers 16 Monroe County Building Department We strive to be caring professional and fair UNINHABrrABLE-UNSAFE-NON-HOMESTEADED, STRUCTURE DEMOLITION NOTICE John P Varone, Jr. 13000 SW 30" CT Davie, FL 33330-4601 RE: Property Location/Address: Owners) Name: Legal Description: Dear Mr. Varone: July 27, 2012 813 Madrid Road, Key Largo, Fl 33037 John P Varone BK 4 LT BAHIA MAR EST PB4-79 KEY LARGO OR419-391 OR824-1423 OR938-2247/48Q/C OR962- 1120R/S OR1333-1664 OR1333-1665 OR1517-805/06 OR2331435 OR2376-102/03 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-Unsafe Buildings: (2) A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized designee if. a.There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material; or b.There is a deterioration of the structure or structural parts; or c.The building is partially destroyed i. The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the building official 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(thirty) 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 fines, and or other penalties may result in alien against you and any property that you may own. YOU MAY APPEAL THIS DECISION WITHIN 3KrH RTY) 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 A. Smith, Jr., C.B.O. County Building Official CERTIFICATE OF SERVICE I hereby certify that this notice has been furnished to above named addresses(s) by Certified Mail, Return Receipt Request No. 70112970 0002 5873 7672 on August 14, 2012. tspy,5 m r%- Cc tag Ln POU a L$— John P. Varone, Jr. AKW-------------------- - ----------------------------------------- ---------- "'b -Jo 44 r- POB-No. 13000 S.W. 30th Court .. . ...... . . .......... I ...... -11 - - ------------ - !?t- o s .1 �D�e Florida 333:;0-4601 0 cD } w Y 0 �O p o� �U p � co 00 N N O O N O Ir- ti O O O N O �— W U c6 BOARD OF COUNTY COMNIISSIC AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Division: Growth Management Bulk Item: Yes x No _ Department: Code Compliance Staff Contact Person/Phone #: Ronda Norman 289-2520 AGENDA ITEM WORDING: Approve a Process and Procedure for the removal of unsafe, unoccupied, non - homestead structures to protect the health safety and welfare of Monroe 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 Commission. At times, the normal administrative hearing process for Code Compliance does not provide results which meet the ultimate goal. Because the Code Compliance administrative hearing process doesn't always produce compliance, due to its inherent limitations, which doesn't achieve ultimate removal of unsafe structures, staff is requesting this policy be approved so the County can protect residents and citizens from unsafe conditions. This process would allow County attorneys to seek Board approval to proceed to a court to obtain a determination that existing unsafe, unoccupied, non -homestead 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 demolition would be liened 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 structures. CONTRACT/AGREEMFIVT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: Approx. $60.000 annually INDIRECT COST: BUDGETED: Yes J No D OF LOCAL PREFERENCE: $6,000 uer unit (estimated) — with lien filing on real property to assure future recapture of funds expended. COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Attorney x OMB/Purchasing_ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # 11Page MONROE COUNTY CODE COMPLIANCE UNSAFE, UNOCCUPIED, AND NON -HOMESTEAD UNINHABITABLE STRUCTURE REMOVAL PROCEDURE DRAFT AS OF 4/30/11 Administrative Assistant 1. Monroe County Code Compliance receives or initiates a complaint of an unsafe structure 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 5. Code Compliance Inspector inspects property and documents conditions. Reports back to Code Compliance Director with Uninhabitable Structure Inspection Request/Referral Code Compliance Director 6. Uninhabitable Structure Inspection Request and Referral given to the Building Official. Building Official 1. Building Official makes an initial determination 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 determination is made that the property may need to be demolished, the Building Official will make a site inspection with the Inspector 2. Building Official inspects property and completes Unsafe Structure 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 on whether to seek an injunction fi-om the Circuit Court. a. If threat to health, safety, or welfare is so severe that time will not permit the County Attorneys Office to seek authority from the BOCC before seeking injunction, County Attorney will file 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 from BOCC at next regular BOCC meeting to file the suit for injunctive relief. c. The suit will seek an order requiring demolition of offending structure within 20 days after 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 costs as well as costs of suit from the property owner. 2. If the structure 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 Magistrate enter an order authorizing the demolition of the offending structure(s) by the County at the expense of the property owner and set a compliance date. b. The Code Compliance Liaison shall file the demolition order with the Clerk 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 3(Page CORRECTED PAGE ITEM 1-10 Demolition 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 successful 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. 1 I Page BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, vs. John P. WDNIE, $B. Subject Property Real Estate Number: DDSYy oso- cr�aolDa Respondent(s). j Doctt 1757916 09/04/2009 3:42PM 1 Filed & Recorded In Official Rocards of FINAL ORDER MONROE COUNTY DANNY L. KOLHAGE Having fully considered the evidence presented at hearing, Including testimony of the Code Enforcement Inspedor(s) and/or witnesses under oath, the following Findings of Fad and Conclusions of Law are ORDERED: The Respondent(s) and/or Authorized Represents fhre Bg! 1 present and dididid not contest the violation(s) set forth in the Notice of VlolationlNotice of Heating which is Incorporated herein as ti fully set forth. ---J ( /The Respondent(.) blare the owner(s) of property located within Monroe County and waslwere duly noticed of the hearing. The Responderd(s) Ware in violation of the Momoe County Code(s) as fully set forth In the Notice of Vidation/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 administrative recovery of the costs of prosecuting and Investigating this matter. Costa w01 continue to acme until compliance Is ache end Is dFurthermore, closed. Furtheore, the Respondentdim s) shall comply with dCode(s) referred to In the Notice of ViolationlNotice of Hearing on or before 8 .47709 ("THE COMPLIANCE DATE-). Vir, the event the violdon(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.. $ oso. a - ep-.77. Cb_)(w)a. Deep 1757916 Bkg 2430 Pop 974 for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) Islare In violation Islare hereby ORDERED. ( ) a one time fine of j Is ORDERED, and the condition causing the violetlon(s) is found to present a threat to the public health, safety and wetiare. It is further ordered, that the County is hereby authorized to make all reasonable repairs which are required to Wing the property Into oompflance and charge the respDrhdent(s) with cost of repairs including administrative recovery of the costs of prosecuft and Investigating this matter. ( ) The Responden(s) blare ordered tD attend a compl anaeheview hearing to be held on . 20_. IT 15 THE RESPONOENTISI RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE ENFORCEMENT AT 1305145L8808 FOR THE UPPER KEYS' (305) 289.2810 FOR THE MIDDLE KEYS• 130512924M FOR THE LOWER KEYS. In the event of nonpayment of fines and costs Imposed on Respondent(,), a certified copy of this Order may be recorded In the public records and shall thereafter constitute a Ilan against the land 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 H the Ilan remains unpaid for three months. Please make checks payable to Monroe County Code Enforcement and mail to: Monroe County Code Enforcement, Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330, Marathon, FL 33050. ( ) The Respondents) were 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 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 andfor fines (j ) to Monroe County Code Enforcement within thirty (30) days of this Order. (A gmkm ""Ay-h5pardu& will mip&w; - .4iyj&4 frmu� el & "led nme/ti� l/a. li%i71i" aA'/Y�-Ae Gr. AV'AA& IAWS 3&1-Ad- erp'.`_e �e m" r wrsa.,s tint .,� ffiI nsoA�t cazda4w 4A.. cagn& 'e aamd4/zd A &A'm 54" Aahon .ew+D DrdNA* aof iSEKer2Z0 61// JOtir,,G067s ;MCAWAed A0140 AC .Pe*ac�fri� /a GVIAlf"W fo 1W.> &1WJe t/,�. DATED this _ day of o!t$//C LSI' 20�. Co4r»:t' A, seed Corr. 30-DAW5 W "Cegof jA4M;aeol A l LARRY Magistrate APPEAI.PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 182.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMTITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. I hereby certify that this Is a We and correct copy of the above Order and that a We and carted copy has been furnished to the R e s) and/or Authorized Representative via hand delivery / first dam U.S. mail to address of record with the Monme County Property Appraiser's Oft on this day of SdWk/r,A6er' 20P-5-�. MONROE COUNTY OFFICIAL RECORDS NI trick, Code Enforce nt INROE COUNTY CODE ENFORC & NOTICE OF VIOLATION/NOTICE OF HEARING TO: JOHN P VARONE JR CASE NUMBER: CE09070002 813 MADRID STREET KEY LARGO, FL 33037 RE NUMBER: 00544050000000 LOCATION 813 MADRID RD BAHIA MAR ESTATE KEY LARGO, FL 33037 DEAR PROPERTY OWNER / TENANT, You are hereb notified that an investigation of the above referenced property on found violations of the following Monroe County Section (s) : 6-27. (b) (2) a THE BUILDING OFFICIAL HAS DEEMED YOUR HOUSE UNSAFE DUE TO DAMAGE CAUSED BY FIRE. 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. Corrective Action Required: TO AVOID FINES AND/OR COSTS of prosecution as per Chapter 162 F.P. all violations noted above must be corrected by . If the violation is corrected and then recur r if the violation is not corrected by the time specified for correction by the Code Enforcement Inspector, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE ENFORCEMENT INSPECTOR AND REQUEST A RE -INSPECTION. If you fail to correct the above described violations, you must appear before the Special Magistrate as stated below. ** NOTICE OF ADMINISTRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 08/27/2009 at 9 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. The purpose of this hearing is to determine if in fact, a viola- tion currently exists, the appropriate action to be taken, and any fines or penalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR PENALTY BEING IMPOSED AGA *ST YOU AND A LIEN BEING I2SED ON YOUR PROPERTY You may appear in person and/or be represented by an attorney. 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. *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. Should you seek a continuance of your administrative hearing, the presiding officer may grant a continuance of a hearing for good cause shown. Except in cases of emergency, requests for continuance must be made at least FIVE working days prior to the date noticed for 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. Pursuant to F.S. Chapter 162.09(2)(d), your failure to correct the violation(s) may result in the impositon of a fine, 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. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Date: 07/09/09 WHITE, Code Enforcement Inspector I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified mail, Return receipt Re est No. 7008 2810 0001 7926 7772 Code Enforcement Department Please contact your inspector at the appropriate Lower Keys: 5503 College Road, Suite 204 Key West, FL 33040 - (305)292-4495 Middle Keys: 2798 Overseas Hwy. Marathon, FL 33050 - (305)289-2810 /Upper Keys: 102050 Overseas Hwy.Key Largo, FL 33037 (305)453-8806 If you are a person with a disability who needs any accommodation in order to participate, you are entitled, at no extra cost to you, to the provision of certain assistance. Please contact this office at (305)289-2509 within 2 days of your receipt of this notice. If you are hearing impared, please call 711. Monroe County Code Enforcement Office of the Liaison 2798 Overseas Hwy. Marathon, FL 33050 Phone: (305)289-2509 (305)289-2858 IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT RECEIPT MAIL, A TRUE AND THE SUBJECT PROPERTY AND MONROE COUNTY CODE ENFORCEMENT MONROE COUNTY, FLORIDA AFFIDAVIT OF POSTING I, WHITE, ALAN / C ,Monroe County Code Enforcement, declare[ under penalty of perjury, that I posted the property owned by: JOHN P VARONE SR. and parcel being described as: 813 MADRID RD BAHIA MAR ESTATE with a property ID RE#: 00544050000000 WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Monroe County Courthouse - 500 Whitehead St, Key West Marathon Courthouse - 3117 Overseas Hwy, Marathon 111�Plantation Key Courthouse - 88820 Overseas Hwy, Tavernier This posting was for a: Notice of Violation Case #: CE09070002 Notice of Hearing Date: 011// WiJ I Time: / / ` -I<?— AV — Signature: Sworn to and subscribed before me this 4 3' day of Notary Public State of Floridayi c- ` Grace KReeder Notary Rtbiic, State of Florida < My Commission DP033147 ort�o� Expires 10/22/2012 x I. ___ declare under penalty of perjury, that I mailed a duplicate copy of the above mentioned notice via first-class mail to: P O BOX 822035, PEMBROKE PINES, FL 33082 Signature: Sworn o and subscribed before me this afk day of 2009.. L te OfFl0tide N ry Public, State of Florida DO833147 12 ------------------------- MONROE COUNTY CODE ENFORCEMENT MONROE COUNTY, FLORIDA AFFIDAVIT OF POSTING I , WHITE . ALAN / �s c.. . Code Enforcement, declare under penalty of perjury, that I posted the property owned by: JOHN P VARONE SR. and parcel being described as: 813 MADRID RD BAHIA MAR ESTATE with a property ID RE#: 00544050000000 WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Monroe County Courthouse - 500 Whitehead St, Key West Marathon Courthouse - 3117 Overseas Hwy, Marathon Plantation Key Courthouse - 88820 Overseas Hwy, Tavernier This posting was for a: Notice of Violation Case #: CE09070002 L11 Notice of Hearing Date: f 4` 2_00(::2) Time: /,5-n /�o Signature: �}�J v Swor to and subscribed before me this day of `' t 2009. "• NotaryPubiicStateorFiorida Notary Public, St e of Florida Aef Grace K Reeder LS.Ido MyCommission DD833147Facpire5lD/22/2012 de la / enalty of perjury, that I mailed a duplicate., copy bf't ve mentioned notice via first-class mail for O 2203',` PEMBROKE PINES, FL,._33 Signature:+ Sworn to d subscrib d befo a me % day of ,99 Notary Public, State of Florida ,;�i- , "I" Property Search -- Monroe County Property Appraiser Page 1 of 5 Karl D. Borglum Property Appraiser Monroe County, Florida PropertyRecord Card Map portion under constructiol Key West (305) 292-3420 Marathon (305) 289-2550 Plantation Key (305) 852- 7130 Website tested on Internet Explorer. Requires Adobe Flash 10.3 or higher Ownership Details Mailing Address: VARONE JOHN P JR 13000 SW 30TH CT DAVIE, FL 33330-4601 DetailsProperty PC Code: 01 - SINGLE FAMILY Millage Group: 500K Affordable No Housing: Section -Township- 22-61 39 Range: Property Location: 813 MADRID RD KEY LARGO Subdivision: BAHIA MAR ESTATES Legal Description: BK 4 LT 18 BAHIA MAR EST PB4-79 KEY LARGO OR419-391 OR824-1423 OR938-2247/48Q/C OR962- 1120R/S OR1333-1664 OR1333-1665 OR1517-805/06 OR2331-435 OR2376-102/03 ' 10 543966 / 105 544676 0 N Il.. 544110 ------------ 544126 543916 544666 19 S22_T 11S_R39E 544656 c...... 0 544146 13 ------------ s �_---------- 543926 p 544046 17 6 C 543946 544160 7 7' 1 Ba �aRrl 544626 r1 .54417f) htti)://www.mcnafl.org/PronSearch,a-,nx Q /1)1 /In 11) Property Search -- Monroe County Property Appraiser Page 2 of 5 Show Parcel Map that can launch map - Must have Adobe Flash Player 10.3 or higher Land Use Code Frontage Depth Land Area 010D - RESIDENTIAL DRY 60 105 6,300.00 SF Building Summary Number of Buildings: 1 Number of Commercial Buildings: 0 Total Living Area: 1530 Year Built: 1982 Building Type R1 Condition P Effective Age 83 Perimeter 158 Year Built 1982 Special Arch 0 Functional Obs 0 Economic Obs 0 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen. Roof Type GABLE/HIP Roof Cover ASPHALT SHINGL 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 Quality Grade 50 Depreciation % 75 Grnd Floor Area 1,530 Foundation CONCR FTR Bedrooms 2 Vacuum 0 Garbage Disposal 0 Compactor 0 Security 0 Intercom 0 Fireplaces 0 Dishwasher 0 httt)://www.mcnafl.org/Pron.v,e,qrch,.q,qnx Qi1)1 i11)11) Property Search -- Monroe County Property Appraiser Page 3 of 5 12 FT 6 Flo" 3 6 FT 11FT 110' 11FT FLA 5FT 1530.15 PTO 3 FT 5.9 ® FT M 13 FT 21 FT 5 FTOPF 5 FT 1 36 Sections: '_4 FT PTO 4 FT 6.11 2FT, 9 FT. Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area 1 P.M. 1 2007 N N 5 2 PTO 1 2007 N N 6 3 FLA 5:C.B.S. 1 1982 N Y 0.00 0.00 1,530 4 OPF 5:C.B.S. 1 1982 N Y 0.00 0.00 72 5 OFF 5:C.B.S. 1 1982 N Y 0.00 0.00 65 Misc Improvement Detail Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 UB2:UTILITY BLDG 80 SF 8 10 1975 1976 3 50 2 CL2:CH LINK FENCE 600 SF 150 4 1984 1985 1 30 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 2012 6,186 1,060 46,881 54,127 47,536 0 54,127 2011 6,639 11060 35,516 43,215 43,215 0 43,215 2010 9,183 1,060 75.600 85,843 85,843 0 85,843 http://www.mci)afl.orw?rot)Search.aSDX R/21 /2012. Property Search -- Monroe County Property Appraiser Page 4 of 5 2009 120,394 1,060 75,600 197,054 197,054 0 197,054 2008 143,326 1,060 127,575 271,961 271,961 0 271,961 2007 180,747 1,086 157,500 339,333 130,732 25,000 105,732 2006 175,148 1,086 157,500 333,734 127,543 25,000 102,543 2005 181,635 1,112 110,250 292,997 123,828 25,000 98,828 2004 139,254 1,137 69,300 209,691 120,221 25,000 95,221 2003 108,981 1,163 64,575 174,719 117,980 25,000 92,980 2002 108,819 1,231 33,075 143,125 115,215 25,000 90,215 2001 90,037 1,314 22,050 113,401 113,401 25,000 88,401 2000 90,037 1,076 11,025 102,138 102,138 0 102.138 1999 90,037 1,128 11,025 102.190 102,190 0 102,190 1998 84,580 619 11,025 96,224 94,114 25,000 69,114 1997 80,903 613 11,025 92,541 92,541 25,000 67,541 1996 80,903 634 11,025 92,561 92,561 25,000 67,561 1995 80,903 655 11,025 92,582 92,582 25,000 67,582 1994 53,841 400 9,450 63,691 63,691 25,000 38,691 1993 53,841 450 9,450 63,741 63,741 25,000 38,741 1992 53,841 500 9,450 63,791 63,791 25,000 38,791 1991 53,841 550 9,450 63,841 63,841 25,000 38,841 1990 53,841 600 9,450 63,891 63,891 25,000 38,891 1989 53,841 650 9,450 63,941 63,941 25,000 38,941 1988 50,395 560 9,450 60,405 60,405 25,000 35,405 1987 49,733 600 7,875 58,208 58,208 25,000 33,208 1986 50,789 744 7,875 59,408 59,408 25,000 34,408 1985 41,882 760 7,560 50,202 50,202 0 50,202 1984 39,203 776 7,560 47,539 47,539 0 47,539 1983 39,203 776 4,452 44,431 44,431 0 44,431 1982 0 0 4,452 4,452 4,452 0 4,452 NOTE: Sales do not generally show up in our computer system until about two to three months after the 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. Sale Date Official Records Book/Page Price Instrument Qualification 11/8/2007 2331 / 435 300,000 WD Q 5/14/1998 1517/0805 122,000 WD Q 12/1/1994 1333 / 1664 110,000 WD Q 12/1/1985 962 / 1120 70,000 WD Q 1/1/1981 824 / 1423 4,500 WD Q This page has been visited 81,541 times. )ittn-/Axnznxr monnfl nra1Prnr►Qaarr1k n-un-v Q/11 /In1 7 Property Search -- Monroe County Property Appraiser Page 5 of 5 Monroe County Property Appraiser Karl D. Borglum P.O. Box 1176 Key West, FL 33041-1176 httn•//www,mc.nnfl,nru/Prnn4Parrh acnx R/1)1/?()1? MONROE COUNTY Building Department 2798 Overseas Highway Marathon, FL. 33050 Building/Permitting/Inspection Division Unsafe Uninhabitable / Non -homesteaded Structure - Building Checklist Form - Report Address:L®` Date: in m 7 ' as �° O O O v M < a !y M a v M M O °F s = O 0 = M fD -' CLCL v W OQ M Cr z M CL v CID W STRUCTURAL: 1. Exterior damage §6-27(b)2(b) + (c) K k K 2. Crawl Space 3. Footings a. walls b. piers c. columns 4. Piers 5. Columns 6. Foundation walls §6-27(b)2(b) x x x a. front b. left c. right d. rear 7. Floor joists -1st 2nd a. sub -flooring plywood sheathing 8. Girders 9. Exterior walls §6-27(b)2(b) + © x x x a. front b. left c. ric ht d. rear 1§6-27(b)2(b) 10.Interior Walls x x x Ceilings Floors �f 0.roVle.--ke�O t 11 Unsafe Uninhabitable / Non -homesteaded Structure - Building chprklict Firm - Rpnnrt p H ao � o Is a v ( a o. � v 3 fl. M o 1 a -; M a -o d ,�. 11. Accessory bldgs Entry awning carport Pool Miscellaneous 12. Windows §6-27(b)2(b) + (c) x x x x a. glazing b. frames C. sills 13. Ext. appendage 14. Chimney 1§6-27(b)2(b) 15. Beams §6-27(b)2(b) + (c) x x x 16. Ceiling joists + (c) x x x 17. rafters §6-27(b)2(b) + (c) X X X 18. Sheathing §6-27(b)2(b) + (c) X X X 19. Roofing §6-27(b)2(b) + (c) X X 20. Overhang §6-27(b)2(b) + (c) X X 21. Gutters §6-27(b)2(b) + (c) X X X 22. Exterior siding §6-27(b)2(b) + (c) X X X 23. Means of egress §6-27(b)2(b) + (c) X X X 24. Doors exterior §6-27(b)2(b) + (c) X X X a. sill b. frame c. doors 25. Hardware exterior 26. Exterior stairs a. treads/riser b. hand/guard rails 27. Porches §6-27(b)2(b) + (c) X X X a. roof b. floor C. joists 28. Septic a. cover b. waste line c. plumbing 29 Electrical §6-27(b)2@ X X Ix 0%,4 IOn_Off Removed_ I I I I I I Ift NO d, i Unsafe Uninhabitable / Non -homesteaded Structure - Building Checklist Form - Report ( ) 6-27 (b) 1(a) FIRE HAZARD/HAZMAT ( ) 6-27 (b)1(b) EGRESS/FIRE PROTECTION ( x ) 6-27 (b) 2 (a) FALLING AWAY/APART/LOOSE ( x ) 6-27 (b) 2 (b) DETERIORATION OF STRUCTURE ( x ) 6-27 (b) 2 (c) PARTIALLY DESTROYED ( ) 6-27 (b) 2 (d) SAGGING/OUT OF PLUMBING ( x ) 6-27 (b) 2 (e) ELECTRIC/PLUMBING/MECHANICAL ( ) 6-27 (b) 2 (O UNSANITARY/NO FACILITES/WASTE DISPOSAL ( ) 6-27 (b) 2 (g) NO POTABLE WATER/ELEC SERVICE COMMENTS: This structure is a clear and present danger as a result of a past fire. 813 Madrid ( ) 6-27 (b) 2 (h) NO PERMIT/EXPIRED PERMIT ( x ) 6-27 (b) 2 (1) VACANT/ABAND AND/OR COVERED ( ) 6-27 (b) 2 0 )ILLEGAL OR IMPROPER USE ( ) 6-27 (b) 2 0) i CHANGE IN USE NO PERMITS ( ) 6-27 (b) 2 0) ii CHANGE IN OCCUPANCY CLASS BLDG/STRUCTURE ( ) 6-27 (b) 2 0) iii MAINTANENCE CONDITIONS OF OCCUPANCY REQUIREMENTS ( ) 6-27 (c) 2 POOLS/SPAS/STAGNANT WATER se"/ice