Item P03Meeting Date: April 16, 2008 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: C thia L. Hall x3470
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Donald Brown
and Glenda Rentz in Code Enforcement Case Nos. CE06010245 and CE06010246.
ITEM BACKGROUND:
In Case No. CE06010245 and CE06010246 (for adjacent lots), Donald Brown and Glenda Rentz were
cited for violation of Monroe County Code Section 9.5-111(1), roof being repaired without a permit; 6-
34, no final inspection was obtained for permit #05101601, installing chain link fence; and 9.5-2(a),
expanding the use of property by using it to store trailers, boats and vehicles, without planning approval.
The property owners were found to be in violation on May 25, 2006, and given until July 20, 2006, to
correct, after which a fine would begin to run in the amount of $500.00 per count per day. The fines as of
March 25, 2008, amount to $77,618.50 in each case. On May 25, 2006, property owners were found to
be in violation and were given until July 20, 2006, to correct, after which a fine would begin to run in the
amount of $500.00 per count per day. The fines were mitigated on October 19, 2006, by the Special
Magistrate provided they were paid in 30 days, however, no portion of the fines were ever paid. Total
fines due on both cases total $155,237.00. This is the third Code Enforcement case against these property
owners.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACTIAGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
"TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes —No _
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ o _ AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
DQQU G2n l o 2 / 16l1007 ' : 28W`�
MONROE COUNTY DANNY L , EN'OLIAPGE ORN5- PSM C52
BEFORE THE CODE ENF ORCEM E NT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Fctnti®nee,
VS.
DONALD BROWNnr
Respondent(s).
CASE NO. CE06010245
THIS CAUSE having come on for public hearing before the Special Magistrate on
May 251h 2006, after due notice to the Respondent(s), at which time the Special
Magistrate heard testimony under oath, received evidence, and issued his Order finding
the Respondent(s) in violation of Monroe County Code Section(s): §6-34 §9.5-111(l)
§9.5-2(a);
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by July 2e 2006, and further, that failure to correct the violation(s) by the compliance
date may result in a fine,$500.00 (FIVE HUNDRED DOLLARS), per count, per day,
being imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on October 19t" 2006, testimony was heard that the violations
had been corrected by September 7tn 2006 - §6-34 and September 11th 2006 §9.5-111(t)
§.5-2(a). The Respondent(s) requested mitigation of fines due which amounted to
76,100.00.
ACCORDINGLY, the Special Magistrate finding that the violation(s) had been
corrected, as previously ordered, it is hereby:
THEREFORE, IT IS ORDERED that the fines revert to the original amount
owing of $76,100.00 (SEVENTY SIX THOUSAND ONE HUNDRED DOLLARS).
DQ@H 2622010
BkH 2265 P n 8@
THE VIOLAMON(S) EXISTED ON THE FOLLOWING DESCRIBED
""ROPE
RTYe B l I, LT 10, C PPITT SUB AME NDEDP T, BIG COPPI T
EY, MONROE COUNTY, FL® DA, (RF9 00 50 70-000000)
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the
Courts for Monroe County, Florida.
DONE AND ORDERED this day of January, 2007, at the Monroe
County Government Regional Center, Marathon, Florida. 1-1
raj
d. JeMee
o fetby, E
Code ent Special
COUNTY OF MON OE
HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to tape acknowledgments, personally
appeared J. Jefferson Overby, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this,V
Caron L. Sam
My Commluion OD33ZO77
Expire June 26, 2903
I HERE, Y CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished to the Redent(s) via first class U.S.
mail at 245 Overseas highway, Ivey Jest, Fl 33040, this sp ay of January/ .
Karen L. ss,
Code Enf . cement Liaison
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONR.OE COUNT`, FLORIDA
MONROE COUNT - , FLORIDA
Petitioner,
VS.
DocW 1658438 08/17/2007 11:39A
Filed & Recorded in Official Records of
MONROE COUNTY DA NY L . KOLHgGE
CASE NO. CE-06010245
THIS CAUSE having come on for public hearing before the Special Magistrate on May
25' 2006, at the Marathon Government Regional Center, located at 2798 Overseas
Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the
Special Magistrate heard testimony under oath, received evidence, and issued his Order
finding the Respondent(s) in violation of Monroe County Code Section(s): §6-34,
§9.5-111(1), and §9.5-2(a).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by July 20"' 2006, and further, that failure to correct the violation(s) by the
compliance date would result in a fine $500.00,( FIVE HUNDRED DOLLARS) per
count, per day, being imposed for each day thereafter that there is noncompliance. At
the meeting of the Special Magistrate held on October 19' 2006, testimony was heard
that the violation of
§6-34 had been corrected on September 7' 2006, and the remainder of the violations
§9.5-111(1) and §9.5-2(a) had been corrected on September 11" 2006. The
Respondent(s) requested mitigation of the fines. Fines were mitigated to 15 % of the
original amount due, and it was ordered that the fines be paid within 30 days or the
fines would revert to the original amount owed. Fines were not paid, and on January
10"' 2007, an order was signed by the Special Magistrate which ordered the fines
reverted back to the original amount due.
At a hearing held on June 281h 2007, it was ordered that a lien be imposed for the full
amount due which is $76,000.00 (SEVENTY SIX THOUSAND DOLLARS).
Therefore it is
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $76,000.00 (SEVENTY SIX THOUSAND DOLLARS). Pursuant to Florida
Statutes ,Section 162.07, a cost in the amount of $100.00 (ONE HUNDRED
DOLLARS) is hereby levied for the administrative recovery for prosecution and
investigation.
f
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH �
THE VIOLATION(S) EXISTS) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATORS) • �
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk
of the Courts for Monroe County, Florida.
DONE AND ORDERED this J. day of July 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY
Larry J. Sarn'
Code Enforcfinent Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Larry J. Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
d�ITNESS my hand and official seal in the County and State last aforesaid this
ay of July 2007.
ElmaWflhaMs
Commission # DD481642
T�7
rr�•., Expires December 2, 2M-
Notary Public pip' c+ Try yFam msuranN iM S00-355.70*
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished .S. Mail, to the Respondent(s) at
245 Overseas Hwy., Rey west, FL 33040 ,this day of July 2007.
Karen L Bass,
Code E oreernent Liaison
Filed & RecGrded �n official Records of' MR 22M PON BG4
BEFO THE CODE ENFORCED ENT SPECIAL MAGISTRATE,
OF i ON OE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
Respondent(s).
1
A1= . i = 1 A ids
THIS CAUSE having come on for public hearing before the Special Magistrate on
May 25"' 2006, after due notice to the Respondent(s), at which time the Special
Magistrate heard testimony under oath, received evidence, and issued his Order finding
the Respondent(s) in violation of Monroe County Code Section(s): §6-34 §9.5-1.11(1)
§9.5-2(a)9
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by ,duly 20th 2006, and further, that failure to correct the violation(s) by the compliance
date may result in a fine,$500.00 (FIVE HUNDRED DOLLARS), per count, per day,
being imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on October 19t" 2006, testimony was heard that the violations
had been corrected by September 7th 2006 - §6-34 and September 11tn 200 §9.5-111(1)
§9.5-2(a). The Respondent(s) requested mitigation of fines due which amounted to
$76,1.0.00.
ACCORDINGLY, the Special Magistrate finding that the violation(s) had been
corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $19,025.00 (NINETEEN THOUSAND- TWENTY FIVE DOLLARS), or
25 %® of the original amount clue, to be paid within the next 30 (thirty) days following
the date of the hearing. if not paid, the fines will revert to the original amount owing.
Fines have remained unpaid.
THEREFORE, IT IS ORDERED that the fines revert to the original amount
owing of $76,100.00 (SEVE _ Y SIX THOUSAND ONE HUNDRED DOLLARS).
PE
THE VIOL TR (S) EXISTED ON THE FOLLOWING DESCRIBED
It
PROPERTY: BK. 1, LT 9, COPPIT'T SUB AMENDED FLAT, BIG COFPETT
'', MONROE COUNTY, F LORIDA, f 001.50960-000000)
Pursuant to Section 1.62.09, Florida Statutes, and may be recorded with the Clerk of the
Courts for Monroe County, Florida.
DONE AND ORDERE D this day of January, 2007, at the Monroe
County Government Regional Center, Marathon, Florida. A
J. Jeff ' rhy, E
Code En ors ent Special
STATE OF FLORIDA
COUNTY OF MONROE "
HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared J. Jefferson Overby, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this o
day of Juary, 207.,,
Cam L. D
My COMrnISSIOn C033 77
a� Exrrire-5 JunO 28, 2MB
HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order imposing Penalty/Lien has been furnished to the Res
dent(s) via first class U.S.
mail at 245 Overseas Highway, Key West, F133040, this.of January, 2007.
L . Bass,
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
DONALD BROWN and GLENDA RENTZ
Respondent(s).
Duch 1650439 08/17/2007 11: 9911
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
CASE NO. CE06010246
THIS CAUSE having come on for public hearing before the Special Magistrate on May
25'h 2006, at the Marathon Government Regional Center, located at 2795 Overseas
Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the
Special Magistrate heard testimony under oath, received evidence, and issued his Order
finding the Respondent(s) in violation of Monroe County Code Section(s): §6-34,
§9.5-111(1), and §9.5-2(a).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by July 20"' 2006, and further, that failure to correct the violation(s) by the
compliance date would result in a fine $500.00,( FIVE HUNDRED DOLLARS) per
count, per day, being unposed for each day thereafter that there is noncompliance. At
the meeting of the Special Magistrate held on October 19" 2006, testimony was heard
that the violation of
§6-34 had been corrected on September 7"' 2006, and the remainder of the violations
§9.5-111(1) and §9.5-2(a) had been corrected on September 11' 2006. The
Respondent(s) requested mitigation of the fines. Fines were mitigated to 15 % of the
original amount due, and it was ordered that the fines be paid within 30 days or the
fines would revert to the original amount owed. Fines were not paid, and on January
10' 2007, an order was signed by the Special Magistrate which ordered the Imes
reverted back to the original amount due.
At a hearing held on June 28" 2007, it was ordered that a lien be imposed for the full
amount due which is $76,000.00 (SEVENTY SIX THOUSAND DOLLARS).
"therefore it is
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $76,000.00 (SEVENTY SIX THOUSAND DOLLARS). Pursuant to Florida
Statutes Section 162.07, a cost in the amount of $100.00 (ONE HUNDRED
DOLLARS) is hereby levied for the administrative recovery for prosecution and
investigation.
4
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH
THE VIOLATION(S) EXIST(S) AND UPON ANY ®TITER REAL OR PERSONAL
PROPERTY OWNED BY THE VI®LATOR(S).
THE •_ FOLLOWING '`:
BK 11, LT 9, COPPITT SUB, AMENDED PLAT, BIG COPPITT KEY, MONROE
COUNTY, FLORIDA (RE:#00150960-000000)
Pursuant to Section 1.62.09, Florida Statutes, this lien may be recorded with the Clerk
of the Courts for Monroe County, Florida.
�
DONE AND ORDERED this :,rday July of 2007, at the Division of
,Administrative Hearings, Tallahassee, Florida.
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Larry J. Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
dayof July 2007.
Notary Public
Elma Williams
&' a Commission ff. DD481642
ExpiresDecember 2.200
!• • p
i "'N' eandsdTmy Fam Insumnce In: @00-195.1010
I HEREBY CERTIFY that a time and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished S. Dail, to the Respondent(s) at
245 Overseas Hwy., Ivey Nest, FL 33040 , this aypf July 2007.
Karen L. bass,
Code Enforcement Liaison
0