Item P05Meeting Date: April 16, 2008 Division: County Attorne
Bulk Item: Yes XX No Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Orlando E.
Ramos, Sr. in Code Enforcement Case CE06100027.
ITEM BACKGROUND:
On October 26, 2006, Orlando E. Ramos, Sr., was cited for violation of Monroe County Code Section
9.5-122. 1 (J)(3), ROGO necessary cistern was removed after certificate of occupancy was issued. The
cistern was used for ROGO points on the application. The case was brought before the Special
Magistrate on February 22, 2007, at which time Mr. Ramos was still not in compliance. The Special
Magistrate set compliance for March 22, 2007, after which a fine would begin to run in the amount of
$150.00 per day. The fines as of March 25, 2008 amount to $59,368.50.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes —No
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 #
DOOM:' 1641697 /C / 007 m2spm 2641697
Filed ,ecovdcd an official Records of BAN ���� 1833
BE,EFOREe T-HE CODE ENFORCEMENT SPECIAL MAGISTRAT E
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
ORLANDO E. RAMOS, SR.
Respondent(s).
I
THIS CAUSE having come on for public hearing before the Special magistrate on
February 22' 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):
§9.5-122.10)(3).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by March 22' 2007, and further, that failure to correct the violation(s) by
the compliance date may result in a fine $150.00(ONE HUNDRED -FIFTY
DOLLARS) per day, being imposed for each day thereafter that there is
noncompliance. At the meeting of the Special Magistrate held on March 29`h 2007,
Inspector McCabe testified that the following violation(s) had not yet been corrected:
§9.5-122.10)(3).
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 $0.00 ( DOLLARS), per day, beginning , 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 fine in the amount of $100.00 (ONE HUNDRED
DOLLARS) is hereby levied for the administrative recovery for prosecution and
investigation.
ORDERTHIS {! D ON
THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED V; OTO
DOOR 1541607
M5 2292 PoN 1834
THE VIOLATIO114S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
LOT 5, VACATJON HARBOUR, SUGARLOAF, KEY, MONROE COUNTY,
FLORIDA ( :00172061-000500);
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.
DONE AND ORDERED this V day of April, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY --'
Larry J�Sa
Code Enf rcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HERESY 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 111
day of April, 2007.
Commission # DQ48142
Notary Public ,% Expires pscember 2, 2DD9
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I HERESY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by S. i�/iail, to the Respondent(s) at
26 Key Haven Road, Rey Vest, FL 33040, this 1• y of �kpril, 2007.
Karen L. S ss,
Code Enfo cement Liaison
re
DocH 1637149 04/12/ 007 Ze1 PH
Filed a Recordecl in Official Record, of
MONROE COUNTY DANK m L . KOLMRSE
DOOR 163714
OkN 2286 Pgn 57
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTI?kYl
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, CASE PTO. CE06100027
Petitioner.
VS.
ORLANDO E. RAMOS, SR.
Respondent(s).
i � ' _ i, _ � € ; i
THIS CAUSE having come on for public hearing before the Code Enforcement Special
Magistrate on February 22nd 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 owners of record of property located at:
LOT 5, VACATION HARBOUR, SUGARLOAF KEY, MONROE COUNTY,
FLORIDA ( #00172061-000500);
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 that:
A.
Respo-ndent(s) is/are in violation. of the Monroe County Code(s) and Ware ordered to03
comply with the provisions of said codes by Larch 22"" 2007. A compliance
review hearing will be held on March 29" 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, $150.00
(ONE HUNDRED -FIFTY DOLLARS) per day, for each day thereafter that
Respondent(s) is/are in violation.
D.
Pursuant to Florida Statutes Section 162.07, a cost 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 unposed, a certified copy of an order
-
imposing a fine may be recorded in the public records and shall thereafter constitute a
M
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.
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee,
Florida,
this -a day of March, 2007.
Larry J. Sofia
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified 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 y ✓ ✓, gym
day of March, 2007.
Notary Public
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R9 2286 P9n 560
COUNT 1. Pursuant to Monroe County Code §9.5-122.10)(3) Application procedures for
residential ROC®. Revisions to applications and awards: After the receipt of an allocation
award, a building permit and certificate of occupancy, no revision shall be made to any aspect of
the completed residential development which formed the bass for the evaluation, review,
determination of points and allocation rankings, unless such revisions are accomplished pursuant
to a new building permit and unless such revisions would have the net effect of either
maintaining or increasing the number of points originally awarded.
B
COUNT 1. Contact the Monroe County Planning Department and the Monroe County
Building
Department and obtain any necessary permits and inspections required to bring the property
into
compliance.
' • )_ :, ► .
Lipper Kegs (305)852-7135
Middle Keys (305)289-2810
Lower Keys (305)292-4495
1 HEREBY'' CERTIFY that a true and correct copy of the above has furnished to the
Respondent(s) at 26 Key Maven Road, Key West, FL, 33040, this y of March,
2007.
Code Enfor ement Liaison
Karen L. ss
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 —
Overseas Highway, Marathon, FL 33050.
4