Item P04�:'. ♦ <�.
Meeting Date. April 16, 2008 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Cynthia L. Hall_x.3470
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with James
Jeanquenat and Patti Russell in Code Enforcement Case CE06050196.
ITEM BACKGROUND:
On May 24, 2006, the property owners were cited for violation of Monroe County Code Section 9.5-
111(1), roof being repaired without a permit. On March 29, 2007, the Special Magistrate issued a
finding of violation. The Special Magistrate set compliance for April 20, 2007, after which a fine would
begin to run in the amount of $100.00 per day. The fines as of March 25, 2008 amount to $36,418.50.
The property owner has never passed a final inspection. This is the third Code Enforcement case against
the property owner.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: BUDGETED: Yes —No _
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty " x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
BEFORE, THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
Vs.
JAMFS JEANQUENAT and PATTI RUSSELL
Respondent(s).
1
DocH 1558440 08/1/ 007 11:59AM
Filed & Recorded in Official Records of
MONROE COUNTY OA NY L . KOLNAGE
Docn 1658440
THIS CAUSE having come on for public hearing before the Special Magistrate on
March 29"' 2007, 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):
§9.5-111(1);
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by April 19' 2007, and further, that failure to correct the violation(s) by
the compliance date may result in a fine $100.00,( ONE HUNDRED DOLLARS) per
day, being imposed for each day thereafter that there is noncompliance. At the meeting
of the Special Magistrate held on June 28 ' 2007, Inspector Kerr testified that the
violation(s) had not been corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $100.00 (ONE HUNDRED DOLLARS), per day, beginning April 20"
2007, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. 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.
THIS ORDER SHALLCONSTITUTEAGAINST THE LANDON WHICH
THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATOR(S).
o f &,S : �' �: . �� *- � - �,
(RE: 00451820-O0 00O)
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk
of the Courts for Monroe County, Florida.
That upon complying, the Respondent(s) shall notify the Code Inspector in this
case, who shall reinspect the property and notify the Special Magistrate of compliance.
r
DONE ,AND ORDERED this day of July, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
AP
BY
Larry J. "I
Code Enforcement Special Magistrate
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the Mate aforesaid and in the County aforesaid, to tape 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
�r day of July, 2007.
°' �p Cgmmissicn # DD481642
Notary Public =f; Ex' pins December 2, 2009
BonCad1myfam ingwanceInc SOo-345i6t9
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnisher LJ.S. Mail, to the Respondent(s) at
51 Bahama Ave., Key Largo, FL 33037, this day of July, 2007.
Karen L. ass,
Code Enf ,reement Liaison
7
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BEFORE CODE ENFORCEMENT
MONROE COUNTY, FLORIDA
MONROE COUNT', FLORIDA, CASE NO. CE06050196
Petitioner.
VS.
JAMES JEANQUENAT and PATTI Rl_ISSELL
Respondent(s).
1
FINDINGS OF FACT, CONCLUSIONS OF LAST, AND ORDER
THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate
on Larch 29' 2007, at the Monroe County Government Regional Center, located at 2798 Overseas
Highway, Marathon, Florida, the Special Magistrate, having reviewed the evidence, heard testimony
under oath and being otherwise fully apprised in the premises, makes the following findings of fact and
conclusions of law:
1. That the Respondent(s) is/are the tenant of record of property located at: —
(RE# 00451820-000000);
2. That the Respondent(s) was/were duly noticed of this hearing, and
3. That the above -named property is in violation of the Monroe County Code as more
particularly described in Exhibit "A", which is attached hereto and incorporated herein.
Therefore it is
ORDERED AND ADJUDGED feat;
A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to
comply with the provisions of said codes by April 19"' 2007. A compliance / review
hearing will be held on April 26"' 2007.
E. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall
re -inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the above date will result in the imposition of a fine, $100.00
( ONE HUNDRED DOLLARS), per day, for each day thereafter that Respondent(s)
is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE
HUNDRED DOLLARS) has been levied for the administrative recovery for prosecution and _
investigation.
E. In the event of nonpayment of fines/liens imposed, a certified copy of an order imposing a fine
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(s).
F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to
appeal, you must do so no later than thirty (30) days from the date of this Order. Failure to
timely file a written Notice of Appeal will waive your right to appeal.
DOME AND ORDERED at the Division of Administrative Bearings, Tallahassee, Florida, this
c-A day of April, 2007.
Larry J.
STATE OF FLORIDA Code Enforcement Special Magistrate
COUNTY OF LEON
I HEREBY CERTIFY" that on this day before me, an officer duly qualified 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 � r� day of
April, 2007.
Notary Public
'iElMa WifflansS
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COUNT 1. Pursuant to Monroe County Code § 9.5-111(1)— A building permit is required
prior to the following: (I)Airy work specified in chapter 6.0; an after the fact permit and
inspections are required for roof repair.
COUNT 1. Contact the Monroe County Building Department and either (1) obtain an after the fact
permit and all inspections required, or (2) obtain a demolition permit and remove as directed.
Upper Keys (305)852-7135
Middle Keys (305)289-2810
Lower Keys (305)292-4495
I HEREBY CERTIFY that a tree and correct copy of the above has been furnie s e
Respondent(s) via first-class mail at 51 Bahama Ave., Key Largo, FL 33037, this of April,
2007.
Code Enfoement Liaison
Karen L. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.