The URL can be used to link to this page

Item P03 P.3 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: P.3 Agenda Item Summary #10618 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan 3052953170 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against MIGUEL ANGEL REYES and DULCE MIL,AGRO MORLAS and their property, 211 Canal Street, Tavernier, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE19060066. ITEM BACKGROUND: CE19060066: This property has been the subject of a code compliance case for failure to obtain required building permit(s) for a) enclosure of downstairs area, b) railings on roof(compliant) and c) aluminum roof over outdoor porch (compliant). The fines total $58,600.00 as of May 10, 2022 and will continue to accrue at$100.00 per day, until compliance is achieved. A hearing was scheduled for February 27, 2020 and the property owners requested to enter into a stipulated agreement. The property owners signed a Stipulation for an Extension of Time to comply with the County on February 18, 2020. On February 27, 2020, the Special Magistrate approved the stipulated agreement with a compliance date of June 30, 2020. A Stipulation for an Extension of Time to Comply was signed by the property owners on July 14, 2020 and the new compliance date was September 30, 2020. The County's lien was first recorded on October 5, 2020 and then again on August 2, 2021, to correct one of the Respondent's name. A subsequent hearing was held on July 29, 2021 and the property owners were not present. The Special Magistrate found the property remained in violation and granted the County's motion to proceed with collections. The code case remains open for non-compliance and failure to pay outstanding fines and costs. The Monroe County Property Appraiser lists the Just Market Value of the property as $590,161. There is a mortgage on the property for $529,000, which pre-dates the County's lien. The property is not homesteaded and there are no pending foreclosure actions at this time. There are no additional liens on the property. Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's lien on this property are: Packet Pg. 2899 P.3 1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and/or writ of execution; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and/or 3. Release the lien. County staff recommends initiating litigation (option 1) against the property owner for injunction, foreclosure, money judgment and/or writ of execution. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money judgment actions for collection of unpaid fines and/or costs from a property owner. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: APPROVAL DOCUMENTATION: Resolution 057-2014 LIEN PROCESS AIS Supporting docs CE19060066 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: YES Source of Funds: BUDGETED CPI: Indirect Costs: 2500.00 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: Packet Pg. 2900 P.3 06/15/22 148-50001 - GROWTH MGMT ADMIN $2,500.00 BUDGETED REVIEWED BY: Cynthia McPherson Completed 05/12/2022 3:21 PM Kelly Dugan Completed 05/13/2022 4:25 PM Bob Shillinger Completed 05/24/2022 11:01 AM Lindsey Ballard Completed 05/31/2022 10:28 AM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 2901 P.3.b Summary )/ C-oogle Parcel ID 00446590000000 This page can't load Google Maps correctly. Do .^1 CD Address 211 CANAL ST 06h CD CD City/State/Zip TAVERNIER FL,33070 CD OS Units 2 W LO Owner REYES MIGUEL A&MORLAS DULCE M >_ 6 J'liik:k„I;ueire.to be taken to the GIS Web Application to view additional information on this property. NOTE:The GIS Web Application is a separate application from CD MCeSearch.Any questions regarding the Web Map Application CD or its content should be directed to the 01,u I;z Il:,ax trn o i,;. OS L) U) U Permits Code Cases 0 Number Type Issued Case Number Type Status Status Date Board 1.LLLPI.`iyi DEMO-FEMA COMPLIANCE 11-16-2021 owl 1i,?Q'UtlA7iIFP"n E-MAIL LIEN CREATED 10-OS-2020 SM 0 �I 2ffl'ICLL d WALK IN CLOSED 06-02-2008 COMPLAINT CL I,CI iLlf 227 GARAGE/ENCLOSED CARPORT },., ,,,,.,-. 2gGl.2i PLUMBING-SEWER TIE-IN(ONE SFR) 03-16-2012 i,1G DOCK/DOCKING FACILITY 03-10-2011 G,J2;;9G,QI,(A XXXWINDOW REPLACEMENT 03-24-2009 ass )m E U Packet Pg. 2902 P.3.b BRIEF FOR MIGUEL A. REYES & MILAGRO MREYES — CE19060066 MOTION FOR NEW FINAL ORDER AND COLLECTIONS 7/29/2021 Monica Rodriguez e} m_ Research Analyst - Monroe County Subject Property - 211 CANAL STREET, TAVERNIER, FL Violation(s): 110.140.(a) — Building permits required 1 . Enclosure of downstairs area (Applied for permit # 20300227 on 2/13/20 and failed planning on 2/20/20) 2. Railings on roof (IN COMPLIANCE 8/27/20) 3. Aluminum roof over outdoor porch (IN COMPLIANCE 8/27/20) U Property is NOT in compliance. >_ Lien was recorded in the Official Records of Monroe County on October 5, 2020, Book 3048, Page 989 and remains unpaid. Lien $30,339.20 as of July 26, 2021 U U) U 0 NOTES: NOTICE OF MOTION FOR NEW FINAL ORDER AND IMPOSITION OF LIEN, MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on June 4, 2021 to address on PRC. Return receipt was returned signed, on June 9, 2021 (per USPS). *Not in communication w/ PO since mailing of Motion/Notice The County is asking for: 1) A new Final Order to include the new respondents names of MIGUEL A. REYES & DULCE MILAGRO MORLAS (incorrectly noted as Milagro D. Reyes on Final Order); and, 2) The new Final Order is to be immediately filed in the official records of Monroe County, Florida as a lien. 3) Authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. Packet Pg. 2903 BEFORE 'x>-E CODE COMPLIANCE SPECIAL _ -aAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE19060066 MIGUEL A. REYES & MILAGRO D. REYES, ) Respondent(s). ) NOTICE OF MC 'I"IOi FOR NEW FI-NALORDER AND Il1CPC_wSI'IiN Oi+: iiFk MOTION 'TO AUTH )RIZE, FORECLOSURE ANDdOII MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING Petitioner,Monroe County,by and through the undersigned Assistant County Attorney,will move the Monroe County Code Compliance Special Magistrate for an Order: 1) amending the respondent's name set forth on the Final Order dated February 27,2020,on the property that is the subject of the code compliance action. The new respondent's name is MIGUEL A.REYES&DULCE MILAGRO MORLAS;2)authorizing the amended order to be immediately W filed as a Lien; and 3)pursuant to F.S. 162.09(3),to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien in this case, which was recorded in the Official Records of Monroe County on October 5, 2020, Book 3048, Page 989 on the property that was the subject of the code compliance action described ' U as: 211 CANAL ST., TAVERNIER, MONROE COUNTY, FLORIDA, RE# 00446590-000000, and upon any and all U) 0 other real and/or personal property you own. The current outstanding amount of the County's lien as of June 2, 2021 is $24,885.40 (fines and costs), which continue to accrue and increase until the case is compliant and closed. This ;S 0 motion will be considered on July 29, 2021. If you and/or your authorized representative would like to attend this hearing remotely, you may do so via Communications Media Technology Zoom Webinar. Instructions for a Zoom appearance are attached hereto. Paunece Scull Assistant County Attorney Fla. Bar No. 729477 ScLill-pa °ml Gov 1 I I 1 12th Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certifythat on this IT� day of ...._._... 2021 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. „'7019 03ko..00009l1 74401 ....to 117 MADRID ST.,ROYAL PALM BEACH,FL 33411. Code Co iance Department 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 "7110% Packet Pg. 2904 County of Monroe The Florida Keys as 1t (aarnrpliar�rc C e aurarrr n 'ara�rd ot"Corwa�t�Commissioners aisstunrus Py� Mayor Michelle Coldiron,District 2 2798 Overseas Highway Marathon,Florida 33050i Mayor Pro TernDavid Rice,District 4 Voice: (305)289-2810 Craig Cates,District 1 FAX: (305)289-2858 „" Eddie Martinez,District 3 Syr Mike Forster,District 5 MIGUEL A.REYES &DULCE M. MORLAS 117 MADRID ST. ROYAL PALM BEACH,FL 33411 June 2, 2021 Subject: Code Case: CE19060066 Location: 211 CANAL ST., TAVERNIER, FL U Dear Property Owners, Our records indicate that there is an open code case on this property. Additionally, Monroe County has imposed a W lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the � property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. U U) Please take notice that a Public Ifearing,will be conducted by tlae Code Compliance Special Magistrate oil U July 29,2021. The purpose of this hearing is to consider approval of amendments to the�Final Order, imposition of � a lien and to initiate collection proceedings(complaint for foreclosure and/or money judgment). � 0 CL Our records indicate that the violations remain on your property and the fines will continue to run until the propertyCL comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate location: 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 Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. Respectfully yours, Monica Rod tguez Code Compliance Research Analyst(305)289-2586 oa ri taemz nionica(Zi,4nonraremc, !i—W --fl Packet Pg. 2905 MONROE COUNTY CODE COMPLY. ,CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE19060066 Property Location: 211 CANAL ST., TAVERNIER, FL 33070 Parcel ID: 00446590-000000 MIGUEL A. REYES & DULCE M. MORLAS 117 MADRID ST. ROYAL PALM BEACH, FL 33411 U en U) U 0 0 c� Packet Pg. 2906 P.3.b MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS TRACKING Case Number: C CERT #: -70if o yti-7I GOOD SERVICE: NO SERVICE: 600 � O cn (O . 0 "* 3 CD w rw c- 03 N * "a m ai >- 9. m � .f m ro ' ` O Q N .9 O W N " (? m 3N pt ru Er w CD p3 cp (DO 0@ c� Xrrdr-�-" O W ....�..._ rij �+ ..�..:._..:...m. ��_ ....: o pD � � �' Er Ow Cab v C "� CD y OJ „i r (D JttrD 7RIYVIC6 ro .G~u.'#35.C~u.'#T�(check kro add fee as rsp.'rpraPr[atP�1 0,-1 N p M • p CD I Rotum RoceApt(hardcopy) w�� a o u Iv w e t3 p C'Ratum HacaIPB(etactranlc) �. mTfylitTaDa9'C - 0 oC]Carried Nall Restricted Dollvery0[)Adult Slgnatum Ra9rsv'red _ _ un'Yi W 'C m "v E]Adult Slgnatum Restrloted Delivery postage ru m ._.e. ....... Er CL Som No 6Y4�? t 11 ^ m � m o Q m a CD o y • Z v z CL < m :? • + 0 ❑❑ ❑O11 _. CD cncn � o9�ov 3 w > C@L oil Do 000r"rcr" 3 <.?� mm�Ct Zm a� D w 3 o _c CD O y v a CD CD co 0 o C ® < y I� Packet Pg. 2907 7/26/2021 USPS.com@-USPS Tracking®Rep, P.3.b USPS Tracking" FA s > Track Another Package + Remove X Tracking Number: 70180360000049712664 Your item was delivered to an individual at the address at 12:35 pm on June 9, 2021 in WEST PALM BEACH, FL 33411. U OV Delivered, Left with Individual June 9, 2021 at 12:35 pm WEST PALM BEACH, FL 33411 Get Updates u U U) u 0 Text&Email Updates o CL Tracking History CL June 9,2021, 12:35 pm Delivered, Left with Individual WEST PALM BEACH, FL 33411 E Your item was delivered to an individual at the address at 12:35 pm on June 9, 2021 in WEST PALM BEACH, FL 33411. June 8,2021, 11:43 pm Departed USPS Regional Facility WEST PALM BEACH FL DISTRIBUTION CENTER June 8,2021, 11:22 am Arrived at USPS Regional Facility WEST PALM BEACH FL DISTRIBUTION CENTER June 7,2021 In Transit to Next Facility https:Htools.usps.com/go/TrackConfirmAction?qtc_tLabeisl=701-80360000049712664 Packet Pg. 2908 7/26/2021 USPS.com®-USPS Tracking®Resp,"s P.3.b June 4,2021, 10:28 pm Arrived at USPS Regional Facility MIAMI FL DISTRIBUTION CENTER v Product Information See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. U FAQs U U) U 0 0 CL CL c� https://tools.usps.com/go/TrackGonfirmAction?qtc_tLabelsl=70180360000049712664 Packet Pg. 2909 Doc t#233 Bk#3116 Pg#1119 y Recorded S J21 10:_1 AM Page 1 of 4 Filed and Recorded in Official Records of M MONROE COUNTY" I�EVLN NLADOK,CPA r BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE19060066 MIGUEL A. REYES & MILAGRO D. REYES, ) Respondent(s). ) ) ORDER AUTHORIZING A NEW FINAL ORDER ORDER AUTHORIZING RECORDING OF THE ORDER AS A LIEN i AND ORDER AUT OR17ING FURTHER FO ECLOSURE en cn ACTIONS >- On July 29, 2021, Petitioner, Monroe County, moved the Monroe County Code Compliance Special Magistrate for an Order amending the Final Order dated February 27, 2020, authorizing recording of the Order as a lien and Order authorizing further foreclosure actions. Petitioner, Monroe ' County ("County") was represented by Paunece Scull, Esq., Assistant County Attorney. Respondent U 0 was not present and was not represented by counsel and did not submit any evidence for review. Having fully considered the evidence presented at hearing,the following is hereby ORDERED: 0 1) A new Final Order, previously dated February 27, 2020, to include the current respondent's name of MIGUEL A. REYES and DULCE MILAGRO MORLAS; 2) The new Final Order is to be immediately filed in the Official Records of Monroe County, Florida as a lien; and, 3) Authorization to proceed with foreclosure and/or money judgment proceedings on the Code Compliance Final Order/Lien in this case,which was recorded in the Official Records of Monroe County on October 5, 2020, Book 3048, Page 989 on the property that was the subject of the code compliance action described as: 211 CANAL ST., TAVERNIER, MONROE COUNTY, FLORIDA, RE# 00446590-000000. DONE AND ORDERED at the Division o dinn° -a ive Iear1 , Tallahassee, Florida,this this 30th day of July ,2021 John G. ghain Code Compliance Special Magistrate Packet Pg. 2910 P.3.b APPEAL PROFfj UI` ES 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 162.11,FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED 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. CERTII^IC OF OOF ORDER I hereby certify that this is a true and correct copy of the above Order. gicoleM. Petrick, Liaison U 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 / -st class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative N/A on this 2"1 day of August ,2021. U U) c� 0 Nicole M. Petrick, Liaison 0 c� Packet Pg. 2911 P.3.b BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. MIGUEL A REYES&DULCE MILAGRO MORLAS Case No.: CE19060066 Respondent(s). Subject Property Real Estate Number: 00446590-000000 LIEN/FINAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses under oath, the following Findings of Fact and Conclusions of Law are ORDERED: The Respond'ent(s)and/or Authorized Representative were/were not present via zoom webinar on Sul 29 20211 and did 1 did not contest the violations)set forth in the Notice of Vio anon/Notice of blearing which is incorporated herein as if fully set forth, U (x) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing >- served upon the Respondent(s). ( ) ONE-TIME FINE-The violation(s) is found to be irreparable or irreversible and a one-time fine of$ is ORDERED, payable within days of this Order. (x) COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is ' closed. U (x) The Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before U) 06130/2020 ("°THE CO PLIANCE DATE) 0 (x) In the event the violations)were or are not corrected on the compliance date previously ordered!or on the compliance date set forth herein,fine(s)in the dollar amount: CL 110.1i 40. a J 00.00CL for each da BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are hereby ORERED. (x) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) 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 and/or fines($ )to Monroe County Code Compliance within thirty(30)days of this Order. ( ) Other: Packet Pg. 2912 P.3.b In the event of nonpayment of fines and/or costs imposed on Respondent(s),a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien 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 if the lien remains unpaid for three months and/or may sue to recover mone judgment for the amount of the lien plus accrued interest, Please make checks payable to Monroe County Cade Complianoe and mai to: Monroe County Code Compliance,Aftn. Office of the Liaison, 2793 Overseas Hwy., Suite 330, Marathon, FOP 33050. IT IS THE RESPONDENT(S)RESPONSIBILITY TO RE UEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT CALLINGCODE COMPLIANCE,AT 305 453.980 FOR E UP EY 29-20f 0 OR TH I DL.. 299.4343 FORLOWER KEYS, DATED this 30th day of July , 2021. V Hingham,Special Magistrate APPEAL 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 0 APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY I SUCH APPEAL WILL BE LIMITED 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. CERTIFICATE OF ORDER l her certify that this" a true and correct copy of the above Order. , U U) U Nicole Petrick, Liaison 0 CASE NUMBER: CE19060066 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: MIGUEL A REYES & DULCE MILAGRO MORLAS 117 MADRID ST ROYAL PALM BCH, FL 33411 Location of subject property: 211 CANAL STREET TAVERNIER, FL 33070 Real Estate Number: 00446590-000000 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 1 first class U.S.mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above 99X on this 2nd day of August , 2021, Packet Pg. 2913 P.3.b ' County of.Monroe Code Compliance Department 2798 Overseas Highway. Marathon, Florida 33050 LINN NOTICE OFVIOATO / OTICE OF HEARING� � To: MIGUEL A & MILAGRO D REYES Case Number: CE19060066 117 MADRID ST ROYAL PALM BCH FL 33411 Location: 211 CANAL STREET, TAVERNIER, FL 33070 Re Number: 00446590000000 DEAR PROPERTY OWNER, W You are hereby notified that an investigation of the above property was initiated on 06/20/2019 and W subsequently found the following violation(s) of the Monroe County Code: 110-140 (a) - UILDIN"G PERC I l REQ/CH 6 PERMl I.-S, APPROVALS AND Al_.I, FINAL INSPECTIONS ARE REQUIRED I-'ORFINE CONS`-R,tJc,riON/lNS`r'AI.,LA"I"ION OF: ' 1) ENCLOSURE OF DOWNSTAIRS AREA U 3) RAILINGS ON ROOF c� 4) ALUMINUM ROOF OVER OUTDOOR PORCH Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit I`ecs and permit requirements are based on the specific scope of work, Additional permits, permit fees., initigation fees, or restoration of the propert)� to original condition may be required. Tlic i-niniw ium fee for an Alter The Fact pernit is $500.00 (live hundred dollars) as per Monroe County Code. All laei-rnits will rcqui:re MASSING FINAL., INSPECTIONS. (PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 02/27/2020 at 9:OOAM at the Monroe County Government Regional Center, 2798 Overseas Hwy.,Marathon, Florida. (\ You can avoid attending the hearing if all violation(s) noted above are corrected by 02/20/2020 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified,the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. �� r r 1, �f' Packet Pg. 2914 ( ) The Code Inspector has reason to: believe violation s) or the condition causing the vio,lation(s) presents a serious threat to the public health,safety,and welfare or is irreparable or irreversible in nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the violation(s) have been corrected prior to the hearing. ( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the repeat violation(s) have been corrected prior to the hearing. If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate inay impose 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 violatioi.i to be irreparable or in-eversible in nature. In addition to such fines, the Special Magistrate may impose addit�ional fines to cover all costs incurred by the Count),, in enforcing its,codes. If the County is forced to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the a County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. W You may appear in person and/or be represented by an attorney or authorized agent. If you are U W represented by an attorney, your attorney is required to file a written notice of appearance with the W Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: W (305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing: You may request a continuance of the hearing for good cause shown. if you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before V_ continuance, contact the Code Inspector listed below W the date of the hearing. If you choose to request a c U at least five (5) business days before the date of the hearing. A request for continuance DOES NOT UU) GUARANTEE a postponement of your hearing. 0 If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement E 0 in lieu of attending the hearing. if you choose to request a Stiptilatioti Agreement, contact the Code CL Inspector listed below at least five (5) business days before the date of the hearing. A. request for a Stipulation Agreement does not guarantee a postponement of your hearing• it is important that you (n contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure E .a that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's < Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: OIPE HE N Cod Inspe to Upper Keys, 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 2 F—Packet Pg. 2915] P.3.b 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.: 7018 0360 0000 5155 7666 on ,., ,. -... ..... �. Cod ,. c. partinent IF SERVICE IS NOT OBTAINED BY CERTIFIED RIB"l"1JI FCEIP° ` 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 five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". U T- U U) U 0 0 CL CL 9M c� Packet Pg. 2916 P.3.b MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERED MAIL RECEIPTS _...... �.....�..._.... ...... CASE NO: 0 P I Ut&LX2(�� CERT NO: cv- Wiz° € � g I € i E E= 13 0 -Mo El El m o HOW, CIO rn 7 N rjC10 E3 ❑❑ 4 `�` u"1 Lr) -,ert.11ia"rJ Wally`41; hwa 77777 Ln � xt�a ruv pus « o-r t�va.�daux,n;a�dirQt rcro w [a '`y, El Reffivn Reaelpt(hardcopy) — _ a 00i o m O _ p ��g _ a Ei m 20 p r]Return Receipt f®leckvaanlnp �_______ �� @ ��qkP � of a Here .0100 4 p [.�r;e�ned nreau Reetrtctest uxeltbwy $ ___ .. 73 E j Adult Signature Restricted Delivery� ________..._.__ a x � � �, tit Nip p [] Slgnetum Required $ -- Adult ca y > L!J m a� mo O7tti Postage troc ti p a) Miguel A&Milagro D Reyes "� 5 tea 600 ❑❑❑I 117 Madrid Street aiIM Royal Palm Beach, FL 33411 `- 0 P rat "ab a .CE19060066/NOV/BWO/SM1/30....._. ... m a0i CL ` CL m µ M u'7 m — �_ ._ �� oE 9 i'O N .+ a 2 N M (� r- V..) 13 � e cc tomZ d 'p fCOi -a s C� r � � � o . �.E \CDO ...a N-Po (E E a0 p .. ® c V U w 0.7 '0 I Q A4 �., Q WMENNOW 0) 00 DO = CJIZcQO Q.. 16... o �r Packet Pg. 2917 P.3.b MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE19060066 I, k Monroe County Code Compliance, declare under penalty of perjury, that I posted' the property owned by: REYES MIGUEL A & MILAGRO D , described as 211 CANAL STREET , TAVERNIER, FL 33070 , having the property RE#: 00446590000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/30/2020 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE C Date: Time: l Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: c, Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida ' Date: ,'? Time: U Ile- ��ig n a W�u r Sworn to and subscribed before me this day C,of 2— CL a.., w ., M COMMISSION#GG 245771 NotaryPublic, State of FI �• September5,2022 �„ Y '°" EXPIRES: Bonded Thru Nataq Public Underwriter CERTI ICA N OF MAILING Iperjury, t at I m onroe Count Code Compliance, declare under penalty of Y p abed' a du Icate c y of he above-mentioned Notices FIr Class Mail to: REYES MIGUEL A & MILAGRO D , 117 MA IDS ROYAL PALM BCH, Si' t e: Sworn to and subscribed before me this day of � W I r Io a `a � Bonded Tin NoWyr Pu6Bc Uedw*dlem Packet Pg. 2918 P.3.b Y i i ill I, ' I 1 �I � I iv I � J wwimnaar„;a vaawrru^ nr.'r: o�sma¢rm I � CL CL 4 q r apn f � I � , � u p.,, ", °ro ,. I,�. , Yn��(4'°�. .°��i""�, �s�.*.�r"4��w".�✓ii�r6:��4,(�„; CE 19060066 REYES 211 CANAL ST J1I TY POSTING 2/12/ PROPER 20 INSPECTOR OPPENHEIMER I J l I Packet Pg. 2919 P.3.b r<�l' COuntt (f MlIT C ' v 1/0747/11 J 'Jai CadeCwnplum hre.mcm 2708(- erwi A a lNaaathar.Ii<x dl %0TICT OF%I0Ia770N'N0TI(I OF Rf Rf,(. Af� A,lC.'f.I Ai 4A N,L ff.,,lJlfi D Ny'R 11, xov fy'mk,r r(7k:B'riiftiddredigA6 FD '�r7r�JAAlllif4U't°A ndnu4U>�.li.raMr.°��f Atu�y/r Uu ��.,�ro m L�c�liw:711 f 44AL STRF.i7.TA VTRNU-111-I'll.3", �� d�Wr��"A`"~f" Nl pe Yoier.K1+65 � "s'2%v 1f ?, a f r 9ti'F7R:. //6,1�i✓i.„l.td aer,4 r,"6 41,r�a �i i`r�_it f v f rirbmeti � -A�m fftr.�L9„701 fh.rpAiAr%'— fa �tl A10 a Aro 1MU 4rNf0 ,),,; vmua.Ar siuiv „rrNDr,SAXf.A air f u 36f 41f WD4 ,. Wk�f p,y lUd+P.orfP Pf'EA,Q)k Glu'rxffi I0NARt tV �.,tui,mAlnu>i�ra�b1�daa� Vfuwt�l�dA,9m��Pr�9A�2,Yr"�fm�uif�m� ' f V/4 Up Ah O"A fir Na"�}^">n✓OYl'.:f Mil/r�WkY�'n,,:yfurdiY di n;- fl;°�t�arNrUrfd��o>n�IFfa ?�>V�`rrCnifuv,u��emw,�mnf�uwfdorey� � '14 . �� r rArrf)Awu�t ��✓ra,,rnr�kAr r rr. dd h/hil id fi'�i1/olJtii(ytll vMY f�N9�r,fNfv p¢�nre�nr��y�i��.9Vw „ >.,;�fw�^'r�A'�kfr�Aw'N��uV JYr ✓r/tdgrrr�[�`roYd� �nlf fray�wPkRf FbA� 0 CL CL .. al / J % �r CE19060066 REYES 211 CANAL ST COURTHOUSE POSTING 2/12/20 INSPECTOR OPPENHEIMER Packet Pg. 2920 P.3.b Rib -Brened From: Code Compliance Complaint <do_not_reply@civicplus.com> Sent: Wednesday,June 12, 2019 4:48 PM To: Code-Compliance-Complaints Subject: New request received Attachments: ATT00001.bin Category Code Compliance Complaint has received a new request. Here is what we have on file Code Compliance Complaint Form View Request Code Compliance Complaint 3 t3 Unassigned Key West,FL 33040 6/12/2019 4:47 PM 1 A C V >- Website 104.0.21.205 211 Canal Street F<I Q 1?`)T DE"FAIL,S W 92 Harry Harris, U) U 0 Closing in garage without a permit posted oy 0 CL C, HERE email E I I Closing in garage without a permit posted 211 Canal Street 1�, Packet Pg. 2921 P.3.b r'��i�/i air i „✓' ,/er„,�r., r/rr,i,d✓li�r uGipieii boy/ ri ✓r,✓�d.� ra,ua. .u✓,rr/ �� i r r tar 6'1ril�Hilrr� ,lil�. J r ,,, �m ;u r 1 e Y i ' LLl 881 Ufrl//�1 C, Now CL �% �� i�ri//Gi��(�/��a�j,,,//��✓,/%/fi: //rl�i 11/%1. '' ate.+ e I i t � �y i r r a� r r /r/% i ✓r i r�", I+G rI t/„�//D[��,l�ili��li�r/�,,,� 1 l ly r�I I//�r7 IO�� r irk� / ��1�✓1�„�,,� 'r /fir'r, � ,r rrri��' ,' ,,. ._ �,«�s�✓ea,Ir=J?r r,,,dr 1.�ti �` w� CE19060066 REYES 211 CANAL STREET INITIAL INSPECTION 06/20/2019 INSPECTOR OPPENHEIMER Packet Pg. 2922 P.3.b t, 1 / I � I I a n y fl / f � i ypqq v 9� rN/ �. Irk %v'v/fid Ned�i➢ v It� v f I i � v ✓i CL CL 11 �/ f xJ P Uj o � J �j i f � i l I I / CE19060066 REYES 211 CANAL STREET INITIAL INSPECTION 06/20/2019 INSPECTOR OPPENHEIMER Packet Pg. 2923 P.3.b I.1 rr 111� fy�! s k I rAl rr�,,1f �,r� D(< flk, i i 1 i �u i ri rco co AN I��iii��//�%'/%//IT 'l Jll%Ytli%4%J"'( (If�' �j�'/%��/%'('%'�� I��t �✓!AV"�I/III��>�r' j,,.,ir��h , r r rri/ C. CL r rrr� nr CE19060066 REYES �� ! 211 CANAL STREET INITIAL INSPECTION 06/20/2019 INSPECTOR OPPENHEIMER Packet Pg. 2924 P.3.b ,n 1' ��//%J/��/i�/n" �/F ' JI Y � � d lf+k,myy✓rivJ� ��IF��I l JJ �f „ ��%'i��?'W��6l��H��G�in'i�r�' x 1 r�1l; �✓///�� ii��,��%�l�Arw�/l / //��b f l , I� � Af Iq I FRIF/l/ r ,/ ,,, 1 CL CL IH, a o � u & Y 'f q V I i�i aka jiA Y ,Ci � fir!?rJr III +y �1 f .., l, r CE19060066 REYES 211 CANAL STREET REINSPECTION 10/25/2019 INSPECTOR O PPENHEIMER ,,,/j', Packet Pg. 2925 P.3.b r � County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE 19060066 Owner/Tenant: Miguel A Reyes& Dlllce M Morlas Date Issued: 9/04/19 Address: 117 Madrid Street RE#:00446590-000000 Royal Palm Beach. FL 3341 1 Property Location: 211 Canal Street Tavernier. 171. 33070 This letter is intended to seen:your cooperation in bringing_you-property into compliance Without further Code Compliance Action. An Inspection of this property reveals violations of the following: W Unlawful Disposal/Dunnping or disposal of anv solid waste. or trash and debris Prohibited Signs/Signs Requiring Permits t3 Mobile Vendin Sales form the Right of Way Abandoned Vehicles/Trailers Abandoned Vessels Parking/Storage and/or habitation of Trucks, Trailers, Travel Trailers and RV's t3 Rights of Way Use or Improvements U 0 X..... Other: Permits Required (After-the-Fact) Corrective Action: An After-the-Fact building permit is required for the installation ofGARAGE 0 ENCLOSURE, ALUMINUM ROOF OVER SIDE PORCH, FENCE ON ROOF installed without the CL benefit of a permit. Please contact the Monroe County Building Department at(305)453-8800 for permit requirements. All final inspections are required to close the code compliance case. Corrective measures must be taken within 15 days from the date of hand delivery. posting or postmark of this communication. Failure to connply within allotted time may result in a Notice of Violation/Notice of Hearing being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE CODE INSPECTOR for re-inspection. Please contact your inspector at the appropriate location indicated below. < Key Largo Office: Murray Nelson Government & Cultural Center 102050 Overseas Hwy,. Key Largo. FL. 33037 (305)453-8806 and/or yap pn p ,6t3µtaa) t bkq�4tn � onioecu�tl.:lit"t- Issued/Posted/mailed by: ✓ Date Time (Print Inspector Name) Bria .,tplviiheinner 1!1 Packet Pg. 2926 P.3.b C"ounty of Monroe ode(Lonr lirance De t��tr �t Board�� "r�aal,LV t`kin-kgMka��:��s: 279 OverseasHighwayaaM 'Ny Mayor thither� a�ra�t4ters,DssGrict 3 Mayor'Pro I ett't Miclidle f:oldiron,Dist Marathon,Florida 33050 Voice:(305)289-2810 Craig Cates District l FAX: (3Q5)289-285 David dace,District 4 m Sylvia J.Murphy,District 5 AUGUEL A REYES& MILAGRO 'ES 117 MADRID ST ROYAL PALM BCH,EL.33411 October 7,2020 Subject: Code Case C'E1906006 s Property Location: 211 CANAL STREET,TAVERNIER, FL 33070 Real Estate No.: 0044659000 000 W Lear Property Owner(s), This letter is to inform you that our records indicate that the violation(s)remain on your property and the fangs will continue to rain in the amount of 100.00 per day until the property comes into compliance. Additionally, a lien against your property was recorded in the Official Records of Monroe County on 10/05/20, 1 ' 3048, Page 989. The current amount of the County's lien is $979.50 (fines and costs) which continue to accrue t3 l increase until the case is compliant and closed. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other 01 and/or personal property you own. 0 CL You can resolve this matter by bringing the property into compliance and remitting payment in full to: Mo LO County Code Compliance Department', Attention. Nicole Detrick: 2798 Overseas Highway, Suite 330; Maral , Florida 33050, The County will then provide a release and Satisfaction of Lien to you. If you have achieved compliance,please contact your Code Inspector at the appropriate location. E c� MiddleKeys: 2798 Overseas Highway, Suite 330, Marathon. FL 33050 (305) 2 9-2 10 Upper Keys: 102050 Overseas Highway, Key Largo, FL 33037 (305)453-8806 Respectfully yours, o, N s Nicole M. Detrick, Liaison For questions regarding this letter, please contact your Inspector, Brian Oppenheimer 305-453-3752 Oppeaaheimer-Br►aii@monroecourity-fl.gov Packet Pg. 2927 P.3.b BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA Doc#2284614 Bk#3048 Pg#989 Recorded 10;5;'2020 12:59 PM Page 1 of 9 MONROE COUNTY FLORIDA, ` Petitioner, Filed and Recorded in Official Records of VS. MONROE COUNTY KEVT1 MADOK,CPA MIGUEL A REYES&MILAGRO D REYES Case No.: CE19060066 Respondent(s). Subject Property Real Estate Number: 00446590-000000 FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance 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 SIGNED A STIPULATION AGREEMENT WITH MONROE COUNTY were not present and did not contest the violation(s) set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth. U ( ) The Respondent(s) is/are the owner(s) of property located within Monroe County and was/were duly noticed of the hearing. >_ ( ) The Respondent(s) is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing w served'upon the Respondent(s). ( ) ONE-TIME FINE-The violation,(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED,payable within days of this Order, ( ) COSTS.Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is W closed. U ( ) The Respondent(s) shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before 0 In the event the violations were or are not corrected on the COMPLIANCE DATE"). S, 06/30,/20 0 _�."A O he compliance date previously ordered or on the compliance date set forth herein,fine(s) in the dollar amount: 10-�40. a00.00 PER AGREEMENT for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED. It is further ordered that the County is hereby authorized to mare all reasonable repairs including demolition which are required ( ) to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County, the costs of prosecution incurred by the County and any fines Ordered in this matter. The Respondent(s)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. p )to The Respondent(s) shall pay,the total amount of cost and/or fines $, . Monroe County Code Compliance within thirty (30)days of this Order. ( ) Other: STIPULATION AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN. Page 1 Packet Pg. 2928 P.3.b In the event of nonpayment of fines and/or costs imposed on Respondents , a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which to violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest, Please make checks payable to Monroe County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison, 2795 Overseas Hwy., Suite 330„ Marathon, FL 330% IT IS THE RESPONDEIN[ S RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE,WHETHER THE PROPERTY IS CO<'PLIANT BY CALLVNO CODE CONIPI LANCE AT 305 453-t-305 FOR TIME UPPER KEYS° 305 209.201t7 FOR THE NW16D13LE K&E YS 305 t295 443 3 FOR THE LO'hJ�ER I EYS. GATED this day of 2 ._.& x n L 0 g lal Magistrate CERTIFICATE OF ORDER I here rtify that this i&true and correct copy of the above Order, W U Nicole Petrick, Liaison W w CASE NUMBER: CE19060066 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: T- MIGUEL A REYES & MILAGRO D REYES U 117 MADRID ST U ROYAL PALM BCH, FL 33411 Location of subject property: 211 CANAL STREET TAVERNIER, FL 33070 Real Estate Number: 00446590-000000 CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery 1 first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as reference lal5ove and or Authorized Representative on this day of _�.._ 20 Nicole Petrick, Liaison Page 2 Packet Pg. 2929 P.3.b MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner vs. Case Number: CE19060066 Miguel A & Milagro D Reyes Respondent(s) STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES U In the matter of: 211 Canal Street, Tavernier, FL >- Re#00446590-000000 Miguel A & Milagro D Reyes (herein after referred to jointly and severally as T- "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through W U) U the undersigned individuals hereby agree and stipulate to the following: 0 1. Respondent(s) agrees that I/we received the Notice of Hearing 0 issued in this case, and that a hearing is scheduled to be heard on February 27, 2020LO to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Hearing"). 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation, which was served in this matter. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code Enforcement. However, by entering into this Stipulation, Respondent(s) understands and agrees that: i Packet Pg. 2930 P.3.b (a) He/she need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s): and (b) Any evidence in the Code Enforcement file will be deemed the record in the case; and (c) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3_ The Respondent(s) understand that the property will be checked for compliance on June 30, 2020, U 4. The parties understand that a fine of$100.00 per day that shall W accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondent(s) fails to W U) comply within the time given in paragraph 3, the fine(s) shall accrue each day the 0 violation(s) remain as follows. 110-140. (a) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs shall be imposed as a lien c� under Section 162.09(2) (d), Florida Statutes, and Monroe County Code section 8- 29(b). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violation of Monroe Packet Pg. 2931 P.3.b County Code 110-140. (a) exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. g. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 9. The Respondent(s) understand and acknowledge that the sale of U the subject property prior to compliance of the property and/or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be W reinstituted. V- 10. The parties understand and agree that the Respondent(s) may W U) revoke this Stipulation and that such revocation must be done in writing or done in U person with Inspector Oppenheimer by the end of business FEBRUARY 21, 02It 0 Packet Pg. 2932 P.3.b By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. � �/ �✓ z Q SN n tare Res ndent(e) / Da te Si nature 0 'es nde pt(s) I Date gF rent Narn Print Name STATE OF COUNTY OF A STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME, the undersigned authority, undersigned authority, ffixed „ who, after who, after �,, phi l �. -.� l r be ill,g,s ort by me, flexed his/her signature first being sworn by me, a his/her signature (name of individual signing) in the space provided (name of individual signing) ill the space provided W above on this ' dayof i,,, , /( above on this day of a ill 'C.° . W r . NO° A PUBLIC N Ao-� Y TBL1C M commission ex ires % 20r Myr iion expo 1 " _ Y p Notary Public•State of Florida Commission It GG 920148 U �w� My Comm.Expires Oct 7,2023 YENELA7RENIS 'o Notary Public-State f F;or, e e5 Bonded through National Notary Assn. t" Commission GG 920ta� 0 ar w My Comm.Expires Oct 7.202: Bonded through National Notary Assr„ 0 CL wg Pe Iner:(Co n )/Datt e CL �... I r t name zrbsr be and szrtor to before e y r�//r "Ce/1 trn t � .._.,20 /,C r who zs�rerson d'!y known to me STATE OF Produced idea COUNTY "f te catzo��a� '� ;.. �: 'yZ9 U PERSONALLY APPEARED BEFORE ME,the u -rsigned authorit+ nbs�c?i&,d and sworn orn ttr before rise b � ✓ ho, after f " r , _ ,20� ,Wbo indtv�du si nInrerso all za w to me first been sworn n e, affixed Iris r si ature ❑zs g Y P'rodz�ced �'' a�,� as (name of i g) in t sl ovi eszrodu/ eort above n t i Yof 2 OTAR PtJB C =. BRSRED RIGBY..A � Ik��'GGm�,SSION#GG 245771 q e +1uf IRSS:SBple*61`6,2022 7'hro Noted public tors Packet Pg. 2933 P.3.b MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner vs. Case Number: CE19060066 Miguel A & Milagro D Reyes Respondent(s) STIPULATION FOR AN EXTENSION OF TIME TO COMPLY In the matter of: 211 CANAL STREET, TAVERNIER FL Re#00446590-000000 ' U Miguel A & Mllagro D Reyes (hereinafter referred to jointly and severally as "Respondent(s)") >- and Monroe County Code Enforcement ("Petitioner'), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees I/we received and signed the Stipulation U U) U agreement on 02/18/20 0. Under the Stipulated Agreement, we agreed to a compliance date of 01l30/20. I/V1le are not going to be in compliance by that date. 0 2. Respondent(s) agrees that the violation(s) still exist in the above mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a) The parties are now agreeing to extend the compliance date. (b) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The property will be checked for compliance on 09/30/20. 4. The parties understand that a fine of $100.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 1 Packet Pg. 2934 P.3.b 5. The Respondent(s) understands that if the Respondents(s) fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows: 110-140. (a) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). 6. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code U 110-140. (a) exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the W property is not brought into compliance by the date specified in paragraph 3. 7. The Respondent(s) understand and acknowledge that this ' U STIPULATION IS FOR A ONE TIME EXTENSION OF TIME TO COMPLY" and is non- transferable to any future property owners. 0 0. 8. The Respondent(s) understand and acknowledge that a sale of the subject property prior to compliance of the property and/or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be reinstated. 9. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 10. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with Inspector Oppenheimer by the end of business 7/15/20 . 2 Packet Pg. 2935 P.3.b By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. N Signatlu Reaponident(s) / Date Signa�ofespondet(s) Date int Na Print Name STATE OF STATE OF �, ., COUNTY OF t COUNTY OF -' PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME, the undersigned authority, undersigned authority, Lj who, ter lI St being sworn b me,affixed his/her signature after f" °st being sworn me, a.li'1. d lnsltxet° m signing)name of inclivi the � v de,t signature(name of individual si ui tg)in the ( e ro20 above orlt�ht . ..... �.� day of � �; � � space id st ove Cti this day �A � �rw, w PAN d"? � ,rwcs Q� xr t .ROJ,4S MUE;ION 1f CG 1972�2 Pv^Y COfJiNIISSiOf�#GG 19i282 w ��i "NC EXPIRES May 14 2022 � �i EXPIRES May 14 2022 �a fir rcM+1 Thru Nnty!u c U,dvw iter^ Bonded Tnru Nfk r7 Public Underwriters w Sigma loner(County)Wat U ' "ca "'' �G� Gw�•.�q 0 Inspect is name ;B STATE OF CL o COUNTY OF PERSONALLY APPEARED BEFORE ME,the urtLlersigrted author" 0, after first being swo me, affixed his/her signature(name of individual signing)in the space provided above on this day of 20� NOTARY PUBLIC aaar, , DIANECLINK Notary Public-State of Florida ' e ' Commission N GG 075493 My Comm.Expires Feb 21,2021 Bonded through National NotaryAssn, 3 Packet Pg. 2936 P.3.b of %Ionroe The loril,�1,I s CoLf.orq Crane Dent-trtme"t, fffl q, Mayor i" Terri Moehcller oldrron W mi.picnrA 2 2798 Overseas Highway Marathon,Florida 33050 m1�� I` Voice' (305)289-2810 ° ax�"sNe °` °C 11 iP�PAX; (305)289-2858 a ` 1 . MIGUEL A & MILAGRO D REYES 117 MADRID ST ROYAL PALM BCH,FL 33411 Jan 04, 2021 Subject: Code Case: CE19060066 U Location: 211 CANAL STREET TAVERNIER. FL 33070 en Dear Property Owners, W The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as W a result f the alcove referenced code compliance action., This lien is a lie on the property that was the subject of (lie code compliance action and upon any and all other real and/or personal property,you own. Our records indicate that the violations) remains on your property. Because your property is not in compliance, U the fines continue to accrue in the amount ol`$I00.00 per day until the property coin into compliance. A daily 0 litre of$100,00 per day has currently accrued for 95 days for a current total of$9500,00, � Additionally, pursuant to F.S. §162.07(2). since the County prevailedin prosecuting the case before the Special Magistrate for Code Compliance. the County its entitled to recover all costs incurred in prosecuting the case and CL those costs are included in the lien authorized under F,S. §162.09(3). To date, these costs are $379.50 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is $9,879.50 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County Attorney's Office for further action. Respectfully. YOU sa .: Packet Pg. 2937 5110/22,11:35 AM gPublic.net-Monroe County,FL-Report:00446590-000000 qPublicnetym Monroe County, FL Disclaimer The Monroe County Property's praiser's office maintains data on,property within the County solely for the purpose of fulfiiling its responsibility to secure a just va uation farad vai'orem tax ppurposes of all propertyy Within the County.The Monroe County Property Appraiser's office cannot guarantee its accuracy for any otFier Purpose.Likewise,data provided regarding one tax year may not be appplicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00446590-000000 � r Account# 1546267 Property ID 1546267 MillageGroup 500P Location 211 CANAL St,TAVERNIER Address Legal BK8LT3 OCEAN PARK VILLAGE PB4-14 KEY LARGO OR359-4BSOR1370-2325/26OR2477-149/50 Description OR2913-755C OR2913-756 OR2913-787D/C rll la d:�;Not to lv�u,ro¢d nil ullegillI dnruuu ineii0r.i Neighborhood 1673 Property SINGLE FAMILY RESID(0100) t class Subdivision OCEAN PARKVILLAGE Sec/rwp/Rng 26/62/38 //p �� Affordable No Housing LLl LO UU Owner >- UU REYES MIGUELANGEL MORLAS DULCE MILAGRO 117 Madrid St 117 Madrid St Royal Palm Beach FL 33411 Royal Palm Beach FL 33411 Valuation 2021 2020 2019 2018 + Market Improvement Value $228,615 $233,696 $236,236 $266,209 + Market MiscValue $36,907 $35,4B2 $36,559 $27,528 UU + Market Land Value $324,639 $332,131 $339,623 $262,209 L) = Just Market Value $590,161 $601,309 $612,418 $555,946 U U = Total Assessed Value $590,161 $601,309 $612,418 $244,244 0 School Exempt Value $0 $0 $0 ($25,000) = School Taxable Value $590,161 $601,309 $612,418 $219,244 0 Land CL CL Land Use NumberofUnits Unit Type Frontage Depth RESIDENTIAL CANAL(010C) 4,945.00 Square Foot 0 0 Buildings Building ID 24166 Exterior Walls C.B.S. Style STILTISTORY Year Built 1970 Building Type S.F.R.-R1/R1 EffediveYearBuilt 2010 Gross SgFt 2885 Foundation CONCPILINGS Finished SgFt 990 Roof Type REINFORCCONC Stories 2Floor Roof Coverage MIN/PAINTCONC Condition GOOD FlooringType CERM/CLAYTILE Perimeter 126 HeatingType FCD/AIR DUCTED with 0%NON E FunctionalObs 0 Bedrooms 3 Economic Obs 0 Full Bathrooms 2 Depreciation% 12 Half Bathrooms 0 Interior Walls DRYWALL Grade 550 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter SPX EXEC SC PORCH 205 0 92 FLA FLOORLIVAREA 990 990 126 GBF GAR FIN BLOCK 630 0 102 LLF LOW LEV FIN 360 0 84 OPF OP PRCH FIN LL 700 0 300 TOTAL 2.885 990 704 htt s:/! ublic.schneidercor .com/A lication.as x?A ID=605&La erlD=9946&Pa eT eID=4&Pa eID=7635&Q=959626561&Ke Val Packet Pg. 2938 P gP P PP P PP Y 9 YP 9 Y 5/10/22, 11:35 AM gPublic.net-Monroe County,FL-Report:00446590-000000 Yard Items Description Year Built Roll Year Quantity Units Grade WALLAIRCOND 2000 2004 1 SUT 2 UTILITYBLDG 1985 2009 1 2005F 2 BOAT LIFT 2011 2012 1 1 UT 2 WOOD DOCKS 2011 2012 1 450SF 3 BRICK PATIO 2016 2017 1. 312SF I1' SEAWALL 1980 2009 1 100SF 5 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 6/13/2018 $740,000 Warranty Deed 2174883 2913 756 01-Qualified Improved 6/13/2018 $100 Warranty Deed 2174882 2913 755 11-Unqualified Improved 6/25/2010 $100 Warranty Deed 2477 149 11-Unqualified Improved Permits Number: Date Issued 0 Date Completed 0 Amount 0 Permit Type Notes 0 21301555 11/16/2021 $2,300 Residential DEMO ENCLOSED LL 11300454 3/10/2011 4/26/2011 $1 Residential NEW DOCK&BOAT LIFT 09300804 3/24/2009 5/11/2009 $1 Residential REPLACEMENT WINDOWS&DOORS View Tax Info J Sketches(click to enlarge) U In U) P U O 3 OPF Yt� 70 0 12 21 33 I 0 CL 29 CL LLF YI"= I' 77 FLA Yr-1970 6 (360) 0 GBF'Yr--19 0 30 (990) 0 (630) :..: ------------------- c� aP ,Yr=197 Photos https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayeriD=9946&PageTypelD=4&PagelD=7635&Q=959626561&KeyVa Packet Pg. 2939 5110/22, 11:35 AM gPublic.net-Monroe County,FL-Report:00446590-000000 P.3.b ml I Map u pl r 446596 N d, i 60 .67 9 � 1 , : TRIM Notice U) 0 'a Schneider EOSPA'CtAL E C5 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=959626561&KeyVa Packet Pg. 2940 "p 40A'"11111 V.J 1 LLLL V.1 V. CUL 1 fAIU MUM CbL.2LW lL MUNROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS C) ? P.3.b }CD 1546267 500P `n 1546267 L6 >_ V J REYES MIGUEL ANGEL 00446590000000266238 N C)w MORLAS DULCE MILAGRO 211 CANAL St N o 2 117 Madrid St n Royal Palm Beach,FL 33411-1145 BK 8 LT 3 OCEAN PARK VILLAGE PB4-14 KEY LARGO OR359-481 OR1370-2325/26 OR2477-149/50 a m OR2913-755C OR2913 a ofa AD VALOREM 1AXE:.. 111MITAI 11111113FIN=WUNI DIM IMw °HIM SCHOOL STATE LAW 305-293-1400 1.4860 590,161 0 590,161 876.98 SCHOOL LOCAL BOARD 305-293-1400 1.7980 590,161 0 590,161 1,061.11 GENERAL FUND 305-292-4473 0.7429 590,161 0 590,161 438.43 F&F LAW ENFORCE JAIL 305-292-7017 1.8279 590,161 0 590,161 1,078.76 HEALTH CLINIC 305-296-4886 0.0441 590,161 0 590,161 26.03 GENERAL PURPOSE 305-292-4473 0.1725 590,161 0 590,161 101.80 y MOSQUITO CONTROL 305-292-7190 0.4648 590,161 0 590,161 274.31 Z M C LOCAL ROAD PATROL 305-292-7017 0.3203 590,161 0 590,161 189.03 SFWM DIST 800-432-2045 0.1061 590,161 0 590,161 62.62 m D o OKEECHOBEE BASIN 800-432-2045 0.1146 590,161 0 590,161 67.63 m - LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 2.0069 590,161 0 590,161 1,184.39 z z z EVERGLADES CONST PRJT 600 432-2045 0.0365 590,161 0 590,161 21.54 0 s O UJI M3C C) m V m f1UJI UJI ...._......_.-. ....................._...,-. -.............. ..._.....,.m.,�,.,. _...._..... 0 TOTAL MILLAGE 9.1206 AD VALOREM TAXES $5,382.63 ..-. ............ .. -._.,...,...._........ .e ...,.......,._5, CO N N.AtS VALOREM A551"�5.. "�, ° C:8 NOR MO CO SOLID WASTE 305-295-4323 413.00UJI L) U) U n O mmi �9 NON-AD VALOREM ASSESSMENTS $413.00 O __ _._.. .,. .. ..._ See never en i mil m CL CL COMBINED TAXES AND ASSESSMENTS $5 795 63 atwn s. 30 Please Pay If By MOO 202'1 w,..�Postmarked_ ._..-....... �.�-._�..._..__.�m _ �..... IF PAID BY SAM C.STEELE C.F.C. � 2021 Paid Real Estate MONRO&�00UITY TAX 0t1�.LCC70R NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS Op ..O. ° E 1546267 500P 1546267 O 00446590000000266238 REYES MIGUEL ANGEL 211 CANAL St MORLAS DULCE MILAGRO 117 Madrid St BK 8 LT 3 OCEAN PARK VILLAGE PB4-14 KEY Royal Palm Beach,FL 33411-1145 LARGO OR359-481 OR1370-2325/26 OR2477-149/50 OR2913-755C OR2913 .— CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO SAM C STEELE C.F.C.TAX COLLECTOR a P.O.BOX 1129,KEY WEST FL 33041-1129 If Postmarked By Nov 30,2021 Please Pay $0.00 Paid 11/17/2021 Receipt# 000004 $5,563.80 Paid By MIGUEL REYES DULCE M MORALES Packet Pg. 2941 w a r r S r If / MONROE COUNTY, FLORIDA I RESOLUTION NO.05'A2014 l r A RESOLUTION OF THE BOARD OF COUNTY r I COMMISSIONERS OF MONRO:E COUNTY, FLORIDA, ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE l SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON-COMPLIANT PROPERTIES, FORECLOSURE r AND/OR MONEY Jt.)DGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER, AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, Section 162.09(l), Florida Statutes and Monroe County Code Section 8-31(a) give the Special Magistrate appointed to hear Code Compliance cases the authority to impose 1 fines and costs including the cost of repairs if the County is forced to make repairs, after a finding that the property owner has violated the Monroe County Code(s); and WHEREAS, pursuant to Section 162,09(3), Florida Statutes and Monroe County Code 8- 1(c), a certified copy of an. Order imposing a fine or a fine plus repair costs may be recorded in the public records and thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator, and. WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all l real and personal property owned by the violator oncerecorded with the County Clerk; and i WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded liens; and WHEREAS, the initiation of litigation may be the only incentive for some property owners to gain compliance; and WHEREAS, the Board of County Commissioners finds it in the public's interest to have a. formalized written procedure to be used after a Final. Order has been rendered by the Code Compliance 'Special. Magistrate to initiate injunctive relief on non-compliant properties, foreclosure and/or money judgment actions fbr collection of unpaid tines and/or costs from a property owner; March 19, 2014. Code Lien Procedure NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1: The County's formal procedure is hereby adopted as set forth in Attachment A: PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON-COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER. Section 2: This resolution and the incorporated policies shall becorne effective upon adoption by the County Commission. PASSED AND ADOPTED BY T14E BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting of said board held on the 19th of March � 2014. .................... Mayor Sylvia Murphy yes----------- Mayor pro tee Danny L. Kolhage -Yes Commissioner I-leather Carruthers es Commissioner George Neu gent Yes Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: C, Ma 'or S y I Ca M u r�4urj-r.)It yy jj AL) 111 EST: GAMY I IEAV N, CLERK _)eputy Clerk ATTORNEY 0 AR rMR;y ANI Dite co 0- C_j March 19, 2014 Code Lien Procedure ATTACHMENT A PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR NON-COMPLIANT PROPERTIES, FORECTOSURE AND/QR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER 1.. Special Magistrate (SM) enters a Final Order imposing a compliance date, fines and/or costs after a finding of violation of Monroe County Code(s) by property owner (violator) or approving a Stipulated Agreement with an agreed upon compliance date and fine amounts. llie Final Order of SM providing the compliance date, and imposing lines and/or costs is provided to the property owner as soon as practicable. Deferrals, if not made previously, are made to other agencies in appropriate circumstances. 2. "I'lie Final Order of the SM is recorded by Code Compliance (CC) as a lien by Code Compliance within 14 days after the compliance date for those cases that have not achieved compliance. 1 The Final Order of the SM is recorded as a lien by CC within 45 days after the compliance date for those cases that have achieved compliance by the compliance date but have outstanding costs in excess of$200. 4. if compliance is not achieved within 75 days of the recording of the lien, then a re-inspection of the property is completed by the Code Inspector assigned to the case. If the property is still not in compliance then a demand letter including the current amount of fines and/or costs is sent to the property owner. 5. If compliance is not achieved within 90 days of the recording of the lien and/or the lien is not satisfied, then CC will research the subject property to determine: i. ifthe subject property is homesteaded; ii. if the subject property is the only property owned by property owner/violator; iii. what efforts, ifany, the property owner has made to achieve compliance; iv. the amount of the lien accrued to date; and v. any other relevant factors, including but not limited to researching the status of the property owner, i.e. any Lis Pendens filed against the property or property owner, any pending or closed foreclosure actions, any open, pending or discharged Bankruptcy petitions. 6. C,C staff shall provide a written memo or email to the COUnty Attorney's Office (CAY) with the results of the research outlined and requested further action. 7. The CAY will review the information provided by CC staff. 8. The CAY will move the SM per F.S. 162.09 for an Order authorizing foreclosure or a money judgment action; and, March 19, 2014 Code I.Aen Procedure r. i. The Code Compliance I,iaison (Liaison) will schedule the motion for the next available SM hearing for a Motion for approval to proceed with a foreclosure and/or money judgment action; ii. The Liaison will it a Notice of Hearing and Notice ofMotion prepared by the I.Aaison and signed by the CAY to the property owner certified mail noticing tile owner of the date, time, place and the Substance (collection action, foreclosure and/or money judgment and/or writ of attachment) of the motion; iii. The Liaison will email/calendar a re-inspection request to the assigned Inspector to conduct inspection prior to the next available SM hearing; iv. The Motion hearing is heard by SM on the specified date; v. If SM, finds foreclosure or money judgment is appropriate,the Liaison will notice the property owner of the SM's ruling and email/calendar a re-inspection request to the assigned Inspector to conduct all inspection within 30 days of the SM ruling; vi. CAY will seek permission from the Board of County Commissioners to file for foreclosure or money judgment in court; vii. The assigned Code Inspector will continue to monitor the property for compliance through re-inspections every 90 days and attempts to notify the owner by a quick email letter,telephone call or demand letter every 90 days to inform,them that the property is not in compliance and fines are running. "I'lle assigned Code Inspector will provide written updates to the CAY every 90 days. 9. Subsequent to the SM's ruling on the Motion, the CAY will place an item on the Commission's agenda seeking the Board's direction and authorization on further enforcement and collection efforts. Potential options for litigation include seeking injunctive relief, a money judgment for the unpaid fines, foreclosure, or other relief Potential non-litigation options include referral to another agency, allowing liens to accrue, or other relief. 10. If the recommended legal action is referral to another agency, release of lien, or allowing liens to accrue, CAY will send a written memo or email to the Director of Code Compliance outlining recornmendation. 11. Once authority is granted by SM and/or Board of County Commissioners, CC will order a title search oil non-homesteaded properties, and the assigned Code Inspector will conduct a re- inspection after receipt of the title search. Litigation will commence after the title search is completed and a current re-inspection is completed. 'The assigned Code Inspector will continue to monitor the property for compliance through re-inspections every 90 days and attempts to contact the property owner by a quick email letter, telephone call or demand letter every 90 days that tile property is not in compliance and fines are running. The assigned Inspector will provide written updates to the CAY every 90 days. 12. If the Board decides not to authorize injunction or enforcement litigation, a decision from the Board could include direction to: i. Allow lien to remain filed and accrue interest until sale or refinancing; or ii. Release the lien; or iii. Request CC staff to provide a progress report on compliance efforts annually at the March BOCC meeting. Exception--If a violation poses a serious threat to the public health, safety & welfare then immediate permission to file an action for all inspection warrant, injunction and/or demolition may be sought with BOCC direction. March 19, 2014 Code Lien Procedure