Item R04 R.4
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
July 20, 2022
Agenda Item Number: R.4
Agenda Item Summary #10712
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 PEDRO ADRIAN and
OLGA ADRIAN and their property, 186 Bahama Avenue, Key Largo, Florida, to enforce the lien(s)
arising from code compliance case number CE16090108.
ITEM BACKGROUND:
CE16090108: This property has been the subject of a code compliance case for failure to connect to
sewer. The fines total $68,200.00 as of May 31, 2022 and will not continue to accrue, as compliance
has been achieved.
A hearing was scheduled for March 30, 2017 and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of June 22, 2017. The
County's lien was recorded on June 27, 2017. A subsequent hearing was held on March 29, 2018
and the property owner was not present. The Special Magistrate found the property remained in
violation and granted the County's motion to proceed with collections. The property came into
compliance on May 6, 2019 and the County relayed a reduction offer to the property owner on
November 1, 2019, in the amount of$65,000.00 ($64,558.62 fines and $441.38 costs) and it was not
accepted. The code case remains open for failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value of the property as $1,215,097.
The property is not homesteaded and there are no pending foreclosure actions at this time. The
County enjoys priority over the current mortgage, which was recorded over two years after the
County's lien. There are no other 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:
1. Initiate litigation against the property owner for 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
Packet Pg. 1510
R.4
3. Release the lien.
County staff recommends initiating litigation (option 1) against the property owner for 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:
AIS Supporting docs CE16090108
Resolution 057-2014 LIEN PROCESS
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:
07/20/22 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
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R.4
REVIEWED BY:
Cynthia McPherson Completed 06/01/2022 10:55 AM
Kelly Dugan Completed 06/02/2022 2:43 PM
Bob Shillinger Completed 06/24/2022 4:58 PM
Lindsey Ballard Completed 06/27/2022 1:08 PM
Board of County Commissioners Pending 07/20/2022 9:00 AM
Packet Pg. 1512
R.4.a
BRIEF FOR CE16090108— MOTION FOR COLLECTIONS 3/29/2018
4/0
Kathleen Windsor O
Monroe County Code Enforcement
Subject Property — 186 BAHAMA AVE, KEY LARGO
1 P Y
SEWER
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Lien filed June 27, 2017 and remains unpaid.
Property is NOT in compliance.
This Lien 28,066.36 as of March 27, 2018
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NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEAas1d" rt Mail on January 31 , 2018 to
address on PRC. Return receipt hQned February 2, 2018. w
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County is asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Order/Lien in this case.
1
BRIEF MOTION FOR COLLECTIONS CE16090108 ADRIAN
Packet Pg. 1513
BEFORE Ti-...,, CODE COMPLIANCE SPECIAL N-,-..GISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE16090108
PEDRO ADRIAN & OLGA ADRIAN, )
Respondent(s). )
)
NOTICE OF N40TION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS &NOTICE OF HEARING
Petitioner Monroe County will move the Monroe County Code Compliance Special Magistrate, pursuant to U
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 06/27/17, Book 2861,Page 1522 on the !,
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property that was the subject of the code compliance action described as: 186 BAHAMA AVENUE KEY LARGO,
MONROE COUNTY, FLORIDA, RE#00453170000000 , and upon any and all other real and/or personal property Q
you own. The current outstanding amount of the County's lien as of Jan 31,2018 is$22,525.04(fines and costs)which W
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continue to accrue and increase until the case is compliant and closed. This motion will be considered on March 29, u
2018 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL
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33050.
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Steven T. Williams
Assistant County Attorney
1111 12'Street Suite 408
Key West,Florida 33040
(305) 292-3470
Fla. Bar No.: 0740101
CERTIFICATE OF SERVICE
1 hereby certify that on this clay of 15�2 ...a 2018 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No.?O 1 to Oq $ to
13687 SW 26TH ST MIAMI,FL 33175.
Code Complian x, cpat�inent
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 "711".
Packet Pg. 1514
R.4.a
County of Monroe
The Florida Keys
Code Cony fiance De artnient �, u � � � Board of County Commissioners
2798 Overseas Highway t fl�j� � Mayor David Rice,District 4
Marathon,Florida 33050 Mayor Pro Tern Sylvia Murphy,District 5
Voice: (305)289-2810 Danny Kolhage,District 1
FAX: (305)289-2858 � George Neugent,District 2
- Heather Carruthers,District 3
PEDRO ADRIAN & OLGA ADRIAN
13687 SW 261' ST
MIAMI FL 33175
EF
Jan 31, 2018
Subject: Code Case: CE16090108
Location: 186 BAHAMA AVENUE KEY LARGO,FL 33037
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Dear Property Owners,
This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of 00
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. ,
Please take notice that a Public Haring will be conducted by the Code Compliance Special Magistrate on March
29, 2018. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for
foreclosure and/or money judgment). 0
Our records indicate that the violations remain on your property and the fines will continue to run until the property S
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate 0
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location:
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
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,
Kathleen Windsor
Sr. Code Compliance Research Analyst
305-289-2586
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BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner„, )
vs, ) Case No.: CE16090108
PEDRO ADRIAN & OLGA ADRIAN, )
Respondent(s). )
...... ................... ..._) U
ORDER AUTHORIZING FORECLOSURE
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained
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unpaid for at least 3 months from the date of the Order. Therefore,it is hereby ORDERED that the office
of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover
the amount of the lien plus accrued interest. U)
DONE AND ORDERED this day 2018, at the Marathon
Government Center, Marathon, Florida.
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Jo un L., ingh (n
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CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
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Nicole M. Petrick, Liaison
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/first class 1.J.S In to Respondent(s) address of record w/the Monroe County Property
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Appraiser's Office as referenced aboveand/or Authorized d orfsentative,
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on thisA � 2018,
Nicole M. Petrick, Liaison
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R.4.a
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
_...... .m __. ..................... ...... ..... ...__. �....... .._m.�m_�._... __.
NOTICE OF VIOLATION/NOTICE OF HEARING
To: PEDRO & OLGA ADRIAN Case Number: CE16090108
13687 SW 26TH ST
MIAMI FL 33175
Location: 186 BAHAMA AVENUE KEY LARGO, FL 33037
Re Number: 00453170000000
DEAR PROPERTY OWNER, U
You are hereby notified that an investigation of the above property was initiated on 08/25/2016 and
subsequently found the following violation(s) of the Monroe County Code: <
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20-78.(a) -MANDATORY CONNECTION/SEWER
FAILURE TO COMPLETE THE MANDATORY CONNECTION OF
THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER
SYSTEM AND/OR DECOMMISSIONING ANY ON-SITE SEWAGE c)
TREATMENT AND DISPOSAL SYSTEM WITHIN 30 DAYS OF 0
NOTICE OF AVAILABILTY OF SERVICES.
Corrective Action Required:
LCONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A
SEPTIC ABANDONMENT PERMIT.
2. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN
A MONROE COUNTY SEWER LATERAL CONNECTION PERMIT.
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3. CONTACT THE WASTEWATER UTILITY IN YOUR AREA TO OBTAIN AN
INITIAL INSPECTION FOR APPROVAL TO PROCEED.
***CONTACT INFORMATION IS ATTACHED***
NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING
FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE
WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN
CLOSED.
Packet Pg. 1518
R.4.a
( t�' PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 03/30/2017 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 03/23/2017
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.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(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.
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If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose U
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 violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
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additional fines to cover all costs incurred by the County 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 ,
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
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YOU AND YOUR PROPERTY. U
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You may appear in person and/or be represented by an attorney or authorized agent. If you are 0
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(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
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code 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 contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final Order.
2
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R.4.a
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:
JONES, MALi, R
Code Inspector - t_p '"4b
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Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
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
CERTIFICATION OF SERVICE
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I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified U
Mail, Return Receipt Request No.: 7015 1520 003 0398 4820 on
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— __.-._.. ......
dae CoTr� llance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND W
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".
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R.4.a
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL
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County of Monroe �
Code Compliance Department
2798 Overseas Highway
Marathon Florida 33050
...........__... �... Case Number: C..........6090 108
Property Location: 186 BAHAMA AVENUE KEY LARGO, FL 33037
Parcel ID: 00453170000000
ADRIAN PEDRO AND OLGA FILE Copy
13687 SW 26TH ST
MIAMI FL 33175 6379
NOTICE OF AVAILABILITY TO CONNECT AND REFERRAL
THE WASTEWATER UTILITY COMPANY, KEY LARGO WASTEWATER TREATMENT
DISTRICT HAS ATTEMPTED TO NOTIFY YOU OF THE AVAILABILITY TO CONNECT YOUR U
PROPERTY TO THE UTILITY'S CENTRAL SEWER SYSTEM.
OUR RECORDS INDICATE THAT THE ABOVE STATED PROPERTY HAS NOT YET
CONNECTED TO THE CENTRAL SEWER SYSTEM AND/OR DECOMMISSIONED THE ONSITE OQO
SEWAGE TREATMENT AND DISPOSAL SYSTEMS, AS REQUIRED BY LOCAL AND STATE ,
LAW.
FLORIDA STATUTE § 381.00655 REQUIRES THAT YOU CONNECT TO AN AVAILABLE
CENTRAL SEWER SYSTEM WITHIN 365 DAYS OF WRITTEN NOTICE THAT SERVICE IS 0
AVAILABLE TO YOUR PROPERTY.
MONROE COUNTY CODE § 20-78(a) REQUIRES THAT YOU CONNECT WITHIN 30 DAYS OF 00.
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NOTIFICATION. , CODE IrI,A['11111 ,111 1 R 4 H! IS AM EN0 R tNI) 1' O I Ayd " dM1v ^4 MM III [ ]� roo " I`,,`1",11, 1`IaniflIC��C11"1C0111o4 PIJ�I .���(J. I�"'i" ' '11'0 I�a�l��t"„11IIC III[])A. S"II'AIT11 .1��1�. 1, I[�(1V�i41.,,1l�m�`,.I, E �
�I1;�"'111'�I11C �°71,� 11111fII� � �I1"� ER.
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THIS IS A COURTESY NOTICE THAT YOU WILL BE RECEIVING A "NOTICE OF
VIOLATION/NOTICE OF HEARING" REGARDING THE MANDATORY CONNECTION TO THE
CENTRAL SEWER SYSTEM. THIS "NOTICE OF VIOLATION/NOTICE OF HEARING" WILL
BEGIN THE ENFORCEMENT PHASE OF CONNECTION.
PLEASE NOTE THAT THE FAILURE TO ACHIEVE COMPLIANCE WITHIN THE TIMELINES
ESTABLISHED DURING THIS HEARING MAY RESULT IN A DAILY FINE AND/OR A LIEN
BEING PLACED ON YOUR PROPERTY.
IF YOU HAVE ACHIEVED COMPLIANCE, CONTACT INSPECTOR MALLORY JONES AT 305-
289-2540.
,1 Packet Pg. 1522
R.4.a
CE16090108
Adrian Pedro & Olga
186 Bahama Ave — Key Largo
Inspector Jones — 9/27/2016��
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County of Monroe
Co , � r Board of`County_Commissioners
Compliance . ` w� ���m
2798 Overseas Highway � " Mayor Heather Carruthers,Dist.3
Marathon,Florida 33050 Mayor Pro Tern George Neugent,Dist.2
Voice:(305)289-2810 Danny Kolhage,Dist. 1
FAX: (305)289-2858 David Rice,Dist.4
Sylvia Murphy,Dist. 5
AFFIDAVIT OF MAIL ITEM
To: ADRIAN PEDRO AND OLGA
13687 SW 26TH ST
MIAMI, FL 33175
Case Number: CE16090108
U
Item description: Notice of Availability to Connect and Referral
Date Mailed:
I, Mallory Jones, of Monroe County Code Compliance Department, declare under penalty of perjury,
that I mailed a duplicate copy of the above mentioned document via first-class mail to the above
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named addressee(s). U)
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Signature.
Printed N mea
Date: ,`
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Packet Pg. 1524
R.4.a
AraMimi� ��� Key Largo Wastewater Treatment District
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98880 Overseas Highway, Key Largo, FL 33037
Post Office Box 491,Key Largo, FL 33037
y, Phone(305)451-4019• Fax(305)453-5807•www.klwtd.com
FINAL NOTIFICATION OF REQUIREMENT
TO CONNECT TO AVAILABLE CENTRAL WASTEWATER SYSTEM
February 26, 2015
AK: 1552828
ADRIAN PEDRO AND OLGA
13687 SW 26TH ST
MIAMI, FL 33175-6379
For property located at: 186 BAHAMA AVE s
Dear Customer, U
This is the final notification informing you of your requirement to connect the parcel referenced
above to the Key Largo Wastewater Treatment District's ("District") central wastewater system. If
you do not begin the connection process within 30 days,your parcel will be turned over to Monroe
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County Code Compliance.The District will not be able to reverse the enforcement process once that
has occurred.
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Please contact us if any of the following pertain to this parcel: W
- The parcel is tied into the District's central wastewater system. U)
- The parcel is vacant.
- The parcel has been aggregated with Monroe County and no longer exists.
- If you have extenuating circumstances keeping you from connecting.
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Monroe County is facilitating a Community Development Block Grant(CDBG) available for qualified
middle-tol-low income owners. The grant will pay for eligible customer's sewer connection. The
application is available on our we'bsite www.klwtd.com by clicking the Financial Assistance link
under the Quick Links tab, Copies are also available at our office which is located at 98880 Overseas
Highway.
If you have any questions please contact customer support at 305-451-4019 ext. 200, or email
customerservice@klwtd.com.
Sincerely,
Paul Christian r
General Manager
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iat Key Largo Wastewater Treatment District
988800 'WI hwa .Key Largo,FL 33037
Post Office Box 491, Key Largo, FL 33037
Phone(305)451-4019•Fax(305)453-5807•www.klwtd.com
FINAL NOTIFICATION OF REQUIREMENT
TO CONNECT TO AVAILABLE CENTRAL WASTEWATER SYSTEM
June 23, 2015
AK: 1552828
ADRIAN PEDRO AND OLGA
13687 SW 26TH ST
MIAMI, FL 33175-6379
For property located at: 186 BAHAMA AVE KEY LARGO
Dear Customer,
U
This is the final notification informing you of your requirement to connect the parcel referenced
above to the Key Largo Wastewater Treatment District's ("District") central wastewater system. If
you do not begin the connection process within 30 days, your parcel will be turned over to Monroe a
County Code Compliance.The District will not be able to reverse the enforcement process once that
00
has occurred.
Please contact us if any of the following pertain to this parcel:
- The parcel is tied into the District's central wastewater system. W
- The parcel is vacant. U
- The parcel has been aggregated with Monroe County and no longer exists. o
- If you have extenuating circumstances keeping you from connecting.
Monroe County is facilitating a Community Development Block.Grant(CDBG) available for qualified
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middle-to-low income owners.-The grant will pay for eligible customer's sewer connection. The
application is available on our website www,klwtdcom by clicking the financial Assistance link
under the Quick Links tab.Copies are also available at our office which is located at 98880 Overseas
Highway.
if you have any questions please contact customer support at 305-451-4019 ext. 200, or email
customerservice@klwtd.com.
Sincerely,
Paul Christian p
General Manager
I
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Key Largo Wastewater Treatment District O$
98880 Overseas Highway
Key Largo, Florida 3303741 PiTNEY BOWES
02 1P
0000569563 JUN 23 2015
MAILED FROMZIP CODE33037
AK: 1552828
ADRIAN PEDRO AND OLGA
13687 SW 26TH ST
MIAMI, FL 33175-6379
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County of Monroe FILE COPY
t Board of Countv Caarnmissionerw
Cortt:::�rn�a1i<usrCt
2798 Overseas Highway , � ) i � � Mayor Gcorgc Ncu uu. DkLiirt 2
Marathon, Florida 33050P° Mayor Pro Tern 1);n i_� IZi�.. I)i�ii��l
Voice: (305)289-2810 Hcoihci ('.i >>iihcr,. I)i a i.t
f
FAX: (305)289-2858 l D:uin\ 1. kulliuc, Di�tncl I
Sylvia Mui Dist.5
PEDRO ADRIAN AND OLGA ADRIAN
13687 SW 26TH ST
MIAMI, FL 33175 Date: June 28, 2017
Subject: Code Case CE16090108
Property Location: 186 BAHAMA AVENUE, KEY LARGO, FL 33037
Real Estate No.: 00453170000000
U
Dear Property Owner(s),
This letter is to inform you that our records indicate that the violation(s) remain on your property and the fines
will continue to run in the amount of$ 100.00 per day until the property comes into compliance. 00
T-
Additionally, a lien against your property was recorded in the Official Records of Monroe County on 06/27/17 ,
Book 2861, Page 1522. The current amount of the County's lien is $ 762.94 (fines and costs) which continue to
accrue and increase until the case is compliant and closed. W
U)
This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real 0
and/or personal property you own. 0
You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe 0
CL
County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon, CL
Florida 33050. The County will then provide a Release and Satisfaction of Lien to you.
If you have achieved compliance, please contact your Code Inspects. Ott tla:appropriate lunation.
Lower Keys: 5503 College Road, Suite 204, Key West IT, 33040 (305) 292-4495
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
NOTE: If this case involves a Sewer Connection, and you have achieved compliance, please contact the Mallory
Jones at (305)289-2540.
Respectfully yours,
Ir
Nicole Petrick
Special Magistrate Liaison
(305) 289-2509
Petrick:-m ` c,.ale._@MOII,.roecoullIV-fl.LYo.v
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Packet Pg. 1530
BEFORE T, COUNTY CODE COMPLIANCE SPECIAL .ArlSTRATE
MONROE COUNTY, FLORIDA
Doc# 2128872 06/27/2017 4:20PM
Filed & Recorded in Official Records of
MONROE COUNTY KEVIN MADOK
MONROE COUNTY FLORIDA,
Petitioner, Doc# 2128872
Bk# 2861 Pgp 1522
VS.
PEDRO ADRIAN AND OLGA ADRIAN I Case No.: CE16090108
Respondent(s). Subject Property Real Estate Number: 00453170-000000
FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or witnesses
00
under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Resorndent(s)and/or authorized resentative
were ere no resent and dId 1 not ontest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is
incorpora e erein as if fully set fort .
(wf) 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 0
served upon the Respondent(s).
( ) ONE-TIME FINE-The violation(s) is found to be irreparable or irreversible and cone-time fine of$ 00
is ORDERED, payable within days of this Order.
v,") COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to o'
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
( ) The Respondent(s)shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before U
(o ('THE COMPLIANCE DATE"), c
( )
In the event the violation(s)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:
0
20-7 , a
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 CODES as fully set forth in the Notice of Violation/Notice of
g into compliance on or before HE COMPLIANCE DATE but are now in compliance.
Hearin filed in this case and did not come
The Respondent(s)shall pay the total amount of cost and/or fines($ _ J to
Monroe County Code Compliance within thirty(30)days of this Order.
( ) Other:
Pagel
Packet Pg. 1531
R.4.a
n Respondent(s), a certified copy of this Order may be recorde
In the.,event of nonpayment of tines and/or costs unposed o
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
andlor may su,e 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, 2798 Overseas Hwy., Suite 3�30„
Marathon, FL 33050.
IT IS THE RESPOND S RESPONSISNLNTY TO RE IJEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
.28f tt FOR THE MIDDLE
LT CALLING I AT 3tt5 FOR THE PPER 288E
(ES59O THE _OWR KEYS.
DATED this day of �..�, 20 /
n Laningham, 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 a�
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 U
ORDER, Docl# 2128872
CERTIFICATE OF' ORDER aka 28ei Pgq 1523
00
hereby certify that this is true and correct copy of the above Order.
o,
._
Nicole M. Petrick, Liaison w
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CASE NUMBER: CE16090108
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
PEDRO ADRIAN AND OLGA ADRIAN
13687 SW 26TH ST
M IAM I, FL 33175
Location of subject property:
186 BAHAMA AVENUE
KEY LARGO, FL 33037
Real Estate Number: 00453170-000000
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 /firsi
class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced
above and�lor Authorized Representative on this --k3-Z 5 r day of
ArcA a 20-/7
Nicole M. Petrick, Liaison
MONROE COUNTY
Page 2 OFFICIAL RECORDS
Packet Pg. 1532
County of Monroe
The Florida Keys
Code Compliance iixrrrce Department
hoard of County Corrrrrrissioners
Mayor David Rice,District 4
2798 Overseas Highway Y
Marathon,Florida 33050 M Mayor Pro Tem Sylvia Murphy,District 5
Voice: (305)289-2810 Danny Kolhage,District 1
FAX: (305)289-2858 � � ' George Neugent,District 2
r Heather Carruthers,District 3
PEDRO AND OLGA ADRIAN
13687 SW 26 ST
MIAMI FL 33175
Jan 05, 2018
Subject: Code Case: CE16090108
Location: 186 BAHAMA AVENUE KEY LARGO,FL 33037 U
Dear Property Owners,
The purpose of this letter is to inform you that Monroe County,Florida has imposed a lien against your property as 00
a result of the above referenced code compliance action. 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. ,
Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the
fines continue to accrue in the amount of$100.00 per day until the property comes into compliance. A daily fine U
of$100.00 per day has currently accrued for 196 days for a current total of$19,600.00 U
Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special
Magistrate for Code Compliance, 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). To date, these costs are $262.94 and costs CL
will continue to accrue until the violations are corrected and the case is closed. LO
LO
Therefore, the current amount of the Monroe County lien is $19,862.94 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 will result in a referral to the Monroe County
Attorney's Office for further action.
Respectfully yours,
Kathleen Windsor
Sr. Code Compliance Research Analyst
305.289.2586
?:..0—.20v
Packet Pg. 1533
R.4.a
%�Ounty of Monroe
The Florida Keys
r Board ofCounty Commissioners
oJ+e CMorr�l��anc�e t�elarartrrra.rtt ��� �� a_ < `�,,
2798 Overseas Highway f "'I Mayor Sylvia.I. Murphy, District 5
Mayor Pro Tern Danny L. Kolhage, District I
Marathon,Florida 33050 Michelle Coldiron. District 2
Voice: (305)289-2810Z.
FAX: (305)289-2858 Heather Carruthers, District 3
David Rice,District 4
PEDRO AND OLGA ADRIAN
13687 SW 26TH ST
MIAMI FL 33175
Jan 04, 2019 ,
Subject: Code Case: CE1609010
Location: 186 BAI-IAMA AVENUE KEY LARGO, FL 33037 t3
Z
Dear Property Owners,
The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as 00
0
a result of the above referenced code compliance action. 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. 0)
Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the W
fines continue to accrue in the amount of$100.00 per day until the property comes into compliance. A daily fine U)
of$100.00 per day has currently accrued for 560 days for a current total of$56,000.00. 0
Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special S
Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and 0
CL
those costs are included in the lien authorized under F.S. §162.09(3). To date, these costs are $366.36 and costs CL
will continue to accrue until the violations are corrected and the case is closed.
Therefore,the current amount of the Monroe County lien is $56,366.36 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 will result in a referral to the Monroe County
Attorney's Office for further action.
Respectfully yours,
CHRISTOPHER GRANT
305-295-4343
Packet Pg. 1534
R.4.a
:' e .I111o1 ida Keys
2798 ComplianceerHighway
w y r6rtruttt a..� G � Mayor Pro is 1,Board )f $M Murphy,
District s
�_ � rphy. District S
798 Overseas Hr hwa
Marathon,Florida 33050 x ,l �. y y hage,District 1
3i
Voice: (305)289-2810 Michelle Coldiron,District 2
FAX: (305)289-2858 �� � ,
Heather Carruthers,District 3
r1• o` David Rice,District
PEDRO ADRIAN AND OLGAADRIAN
7 SW 26Tn ST
MIA MI FL 33175
June 26, 2019
Subject: Code Case: CE16090108
Location: 186 BA A A AVENUE KEY LARGO U
Dear Property Owners,
As you know, Monroe County, Florida has imposed a lien against your property as a result of the above referenced
code compliance action. This lien is a lien on the property that was the subject of the code compliance action and
00
upon any and all other real and/or personal property you own.
�a
This case was deemed compliant on May 6, 2019. Therefore, the daily fine(s) of$100.00 per day accrued 682 days
(June 23, 2017 —May 6, 2019) for a fine total of$68,200.00. U
U)
U
Additionally,per F.S. §162.07(2), if the local governing body prevails in prosecuting a case before the enforcement
board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may
be included in the lien authorized under-F.S. §162.09(3). To date, these costs are $414.68 and costs will continue
to accrue until the lien is satisfied and the case is closed. CL
Therefore, the current amount of the Monroe County lien is $68,614.68 ($68,200.00 fines and $414.68 costs). en
en
You can resolve this matter by remitting a check within thirty (30) days made payable to Monroe County Code
Compliance to:
Monroe County Code Compliance Department
Attention: Nicole Petrick
2798 Overseas Highway, Suite 330
Marathon, Florida 33050
Please note the case number on the check and indicate to whom we should mail the original release. It shall be the
recipient's responsibility to record the release in the Official Records at the Clerk of Courts.
Respectfully yours,
Laura B. Goodman
Code Compliance Collections Facilitator
Packet Pg. 1535
R.4.a
County of Monroe
The Florida Keys
(:cane�om lhincc Die artment r a „ ' t«t rot of(,ttwrrt Cc��aurtaassirwr ers
2798 Overseas Highway ` Mayor Sylvia J.Murphy,District 5
Marathon,Florida 33050 � -. Mayor Pro Tem Danny L.Kolhage,District 1
Voice:(305)289-2810 Michelle Coldiron,District 2
lu w
FAX: (305)289-2858 Heather Carruthers,District 3
1 David Rice,District 4
,
PEDRO ADRIAN & OLGA ADRIAN
13687 SW 26TH ST
MIAMI FL 33175
November 1, 2019 s
Subject: Code Case: CE16090108
Location: 186 BAHAMA AVENUE KEY LARGO,FL 33037 U
Dear Property Owners,
The purpose of this letter is to inform you that a lien against your property was recorded in the Official Records of 00
0
Monroe County as a result of the above referenced code compliance action. 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.
This case was deemed compliant on May 61 2019 and fines accrued for a total amount of$68,200.00. W
U)
The County staff's authority to reduce fines is very limited. However,I have reviewed your request and the timeline 0
and circumstances of this case. As a result,the County will accept$65,000.00($64,558.62 fines and$441.38 costs)
and provide a Full Satisfaction and Release of Lien.
0
0.
You can resolve this matter by remitting a check or money order for payment in full within thirty (30)days to:
CL
Monroe County Code Compliance Department
Attention Nicole Petrick
2798 Overseas Highway; Suite 330
Marathon, Florida 33050
This reduction offer remains open and valid for 30 days. Please note the case number on the check and indicate to
whom we should mail the original release. It shall be the recipient's responsibility to record the release in the
Official Records at the Clerk of Courts.
Respectfully yours,
Christopher Grant
Monroe County Code Compliance
Packet Pg. 1536
5/25/22,3:44 PM gPublic.net-Monroe County, FL-Report:00453170-000000
R.4.a
,; C ` Monroe County, FL
Disclaimer
The Monroe County Property Apppraiser°s office maintains data on property within the County solely for the purpose of fulfilling its
responsibility to secure a just va4uation for ad valorem tax urposes of all propert within the County.The Monroe County Property
Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be
ap{alicable in prior or subsequent years.By requesting such data,you hereby understand and agree that the data is untended for ad
vaEorern 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 00453170-000000
Account# 1552828
PropertylD 1552828
Millage Group 500K
Location 186 BAHAMA Ave,KEY LARGO
Address
Legal LT 186 PORT LARGO PB5-3 KEY LARGO OR558-296 OR1400-1044/45 OR1400-1046/48 OR1640-807/08
Description OR1864-1983OR2694-2016
(Note. INot to be used coin Ilea;bU sXac:Gmimeirirl.^>.)
Neighborhood 330800
'^
Property Class SINGLE FAMILY RESID(0100)
Subdivision PORTLARGO 0
Sec/Twp/Rng 33/61/39 6�
Affordable No
Housing
f t ii ri CO
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Yllf C3
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Owner
ADRIAN FED RO ADRIAN OLGA
13687 SW 26th St 13687 SW 26th St
Miami FL33175 Miami FL33175
00
Valuation
2021 2020 2019 2018 C)
+ Market Improvement Value $157,282 $123,583 $126,054 $133,469
+ Market Misc Value $108,711 $109.807 $110,398 $94,205
+ Market Land Value $949,104 $991,201 $816,842 $661,311 L)
= Just Market Value $1,215,097 $1,224,591 $1,053,294 $888,985 e)
= Total Assessed Value $1,144,635 $1,040,577 $945,979 $859,981 U
School Exempt Value $0 $0 $0 $0
= School Taxable Value $1,215,097 $1,224,591 $1,053,294 $888,985 �y
Land
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Land Use NumberofUnits UnitType Frontage Depth i
RES CANAL(01CC) 17,495.00 Square Foot 0 0
LO
Buildings
Building ID 24508 Exterior Walls C.B.S. ;
Style 2 STORY ON GRADE Year Built 1969
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1984
Gross SgFt 2343 Foundation CONC PILINGS
Finished SgFt 1429 Roof Type FLATORSHED
Stories 2Floor Roof Coverage ASPHALTSHINGL
Condition POOR Flooring Type CERM/CLAYTILE ,
Perimeter 216 HeatingType FCD/AIRDUCTED
Functional Obs 0 Bedrooms 3
Economic Obs 0 Full Bathrooms 1
Depreciation% 39 Half Bathrooms 1
Interior Walls DRYWALL Grade 500
Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
OPX EXC OPEN PORCH 40 0 0
FLA FLOOR LIV AREA 1,429 1,429 0
GBF GAR FIN BLOCK 493 0 0
OUF OP PRCH FIN UL 93 0 0
PTO PATIO 288 0 0
TOTAL 2,343 1,429 0
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R.4.a
Yard Items
Description Year Built Roll Year Quantity Units Grade
CONC PATIO 1975 1976 1 1252 SF 1
FENCES 1989 1990 1 1098SF 2
FENCES 1989 1990 1 580SF 2
CONC DAVITS 1990 2004 1 1 UT 1
RW2 1990 2004 1 132SF 2
SEAWALL 1976 2004 1 19505F 1
SEAWALL 1975 2004 1 248SF 4
SEAWALL 1990 2004 1 264SF 4
RW2 1989 2004 1 336SF 3
CH LINK FENCE 2015 2016 1 3255F 1
CONCRETE DOCK 1975 1976 1 4625F 5
CONCRETE DOCK 1975 1976 1 558 SF 5
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved
7/11/2014 $550,000 Warranty Deed 2694 2016 37-Unqualified Improved
2/28/2003 $925,000 Warranty Deed 1864 1983 Q-Qualified Improved
6/1/2000 $456,000 Warranty Deed 1640 807 M-Unqualified Improved
2/1/1974 $95,500 Conversion Code 558 296 Q-Qualified Improved
CD
—
CD
Permits )
Number 0 Date Issued : Date Completed 0 Amount 0 Permit Type: Notes 0
CD
16308693 1/9/2018 $1,210 Residential DEMOLITION OF STRUCTURE
UU
17303119 5/18/2017 $30,000 Residential NEW DOCK U
15301024 3/26/2015 12/28/2015 $520 Residential 65 LF CHAIN LINK FENCE
01301394 7/23/2001 1/1/2003 $1 Residential REPLACE ROOF
01302810 7/23/2001 V1/2004 $1 Residential REPSTNA/C&DUCKWORK
01300926 3/16/2001 1/1/2002 $1 Residential REPLACE A/C&DUCT WORK
00304522 10/26/2000 1/1/2001 $1 Residential REROOF
00
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2021 Reminder Real Estate
R.4.a
1552828 500K 1552828
ADRIAN PEDRO 00453170000000336139
ADRIAN OLGA 186 BAHAMA Ave
13687 SW 26th St
Miami,FL 33175-6379 LT 186 PORT LARGO PB5-3 KEY LARGO OR558-296
OR1400-1044/45 OR1400-1046/48 OR1640-807/08
OR1864-1983 O
CERTIFIED FUNDS REQUIRED BEGINNING APRIL 1
SCHOOL STATE LAW 305-293-1400 1.4860 1,215,097 0 1,215,097 1,805.63
SCHOOL LOCAL BOARD 305-293-1400 1.7980 1,215,097 0 1,215,097 2,184.74
GENERAL FUND 305-292- 473 0.7429 1,144,635 0 1,144,635 850.35
F&F LAW ENFORCE JAIL 305-292-7017 1.8279 1,144,635 0 1,144,635 2,09228
HEALTH CLINIC 305-296-4886 0.0441 1,144,635 0 1,144,635 50.48
GENERAL PURPOSE 305-292-4473 0.1725 1,144,635 0 1,144,635 197.45
MOSQUITO CONTROL 305-292-7190 0.4648 1,144,635 0 1,144,635 532.03
M C LOCAL ROAD PATROI 305-292-7017 0.3203 1,144,635 0 1,144,635 366.63
SFWM DIST 800-432-2045 0.1061 1,144,635 0 1,144,635 121.45
OKEECHOBEE BASIN 800-432-2045 0.1146 1,144,635 0 1,144,635 131.18
EVERGLADES CONST PR, 800-432-2045 0.0365 1,144,635 0 1,144,635 41.78 s
K L FIRE RESC&EMERG 1 305-451-5517 1.0000 1,144,635 0 1,144,635 1,144.64 cs�
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8.1137 $9,518.64
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MO CO SOLID WASTE 305-295-4323 413.00
KEY LARGO WASTEWATER#4 305-451-4019 323.04
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2021 Reminder Real Estate ,
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ADRIAN PEDRO 186 BAHAMA Ave
ADRIAN OLGA
13687 SW 26th St LT 186 PORT LARGO PB5-3 KEY LARGO OR558-296
Miami,FL 33175-6379 OR1400-1044/45 OR1400-1046/48 OR1640-807/08
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CERTIFIED FUNDS REQUIRED BEGINNING APRIL 1
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MONROE COUNTY, FLORIDA
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A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDAI
ADOPTING THE PROCEDURES TO BE USED TER FINAL
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ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE
SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE
R NON-COMPLIANT PROPERTIES, FORECLOSURE
AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION
OF 'UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 162.09(l), Florida Statutes and Monroe County Code Section 831(a)
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give e Special Magistrate a p�► me , t ear Cade Co or Compliance cases the authority ty t se
inns and, costs including e cost of repairs if the County is forced to make repai s after" af
Ending that the property owner has violated the Monroe County C e s and
pursuant to Section 2. Florida Statutes and Monroe County Code
a certified, co a Omer imposingone o a fins us repair costs a be record
n the u c records an thereafter constitute a lies. against nst the land on which, the violation
exists and upon any other real or personal property owned by the violator; and.
1
WHEREAS, a ce ti .e . copy ofthe Order imposing the fines and costs becomes a lien on all
real and personal propertyowned by the violator once recorded with the County Clem; and
WHEREAS,the County has the authority to initiate litigation to enforce its codes and recorded,
Iles and
WHEREAS, the initiation of litigation may be the only incentive for some property ownersto
gain cum Hance,* and
WHEREAS, the Board of County Commissioners Ends it in the public's interest to have a
formalized written procedure to be used after a Final der has been, rendered by the Code
Compliance Special Magistrate to initiate injunctive relied" on non-compliant Properties,
foreclosure and/or .o .e judgment actions for collection of unpaid fines and/or costs from a
property owner;
March, 9 201.4 Code I.,Ien Procedure ,
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COUNTY
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF MONROE COUNTY:
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Sec + n . The Count s formal procedure lis hereby adopted as set forth 'n Attachment .
PROCEDURES TO BE USED AFTER a FINAL ORDERHAS BEENRENDERED BY
THE O 'L C SPECIAL MAGISTRATE TO INITIATEINJUNCTIVE
RELIEF FOR NON-COMPLIANT PROPERTIES,FORECLOD AND/OR MONEYr
JUDGMENT ACTIONS, COLLEC w' F UNPAID FINESAND/OR COSTS
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FROM A
PROPERTY OWNER,
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,SectionA.* This resolution and the 'incorporated,
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policies shall become effective upon
adoption by,the County Commission.
PASSED AND ADOPTED BY BOARD OF COUNTY COMMISSIONERS
Monroeof County, Florida, at a regular meeting o said board held on the 19 th of
March2014.
Mayor Sylvia Murphy
Mayor pro temDanny L. K lhage Yes
Commissioner Heather Carruthers Yew
Commissioner George Neugent Yes
Commissioner David Rice Yes
BOARD OF COUNTYCOMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Ma r S y,.A Muir
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g�^ .�Y .,�
, C1,ERK
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HEAV
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Deputy Clerk ATTORNEY
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archM 191, 2 Code Lien Procedure
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ATTACHMENT
PROCEDURES
'STO BE US ED FINALFTER, BEEN RENDERED �.
CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF' FOR
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NON-COMPLIANT PROPERTIES, FOREC�LOSURE AND/OR MONEY JUDGMENT
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ACTIONS COLLECTION F UNPAIDFINESAND/OR. COSTS FROM A PROPERTYOWNER
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L Special Magl*strate (SM) enters a rinal Order imposing a compliance date, fines and/or costs
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eater o finding n f violation of Monroe County Code(s) by property owner(violator) or
approving a Stipulated Agreement with am agreed upon corgi ante date and fine amounts. The
Final Order of SM providi*ng the comphance date, and i*mposing fines and/or o costs is provided
to the property owner as soon,as practicable. ' erra s if not made previously, are made t
other agencies, in a pro r ate circumstances.
2. The Final rear ofthe S s recorded Code Compliance (CC) as a Hen by Code
Compliance to.r a s after the co .. .ar se date for those cases that have not achi
ra eve
compliance.
3. The Final Order of the SM is recorctea as a lien by CC within 45 days after the compliance date
for those cases that have achieved comp ar ce by the comphan e eats but have outstanding
costs in excess of$200.
4. If co p ance is not achieved within 75 days of the recording of the lien,then a re-inspection of
the property is completed,by the Codes Inspector assigned to the case. if the property is still not
n comp ante then a demand d etter inclining the current amount of fines and/or costs is seat t
the property owner.,
5. If compliance s not achieved w th. n 90 days of the recording of the hen, and/or the lies s not
satisfied, then CC will research the subject property to determine:
1. if the subject property is homesteaded;
f the subject property is the only property owned by pro erty o w e r v r�at
III* hat efforts, ff any., the property owner has made to achieve compliance;
v. the amount of the Hen accrued to date- and
v. any other relevant Eactors, includi*ng but not hirnited,to researching the status of the
property,owner,,, i.e. any Lis Fenders filed ,against the pro, erty or property owner, an
pend. g or closed foreclosure actions, any open,pending or discharged Bankruptcy
petitions.
. CC staff shall provide a writtenmemo ►r email .to the County tto e 's ce (CAY) its
the results of the research outlined and requested farther action.
7. The C ill review the *information.provided by CC staf.
. The CAY will move the SM per F.S. 1.62.09 for an Order,authorizing foreclosure or a money
and
Judgment actl*on',
arch 19, 2014 Code Lien Procedure
S
schedule the motion for the next
1, The Code Compliance 1,*a*son(Liai,son)
a a � le Shearingfor c�tion for approval t proceed with.a,foreclosure r
money judgment action
*1 a Notice of Hearing and,Notice of Motion prepared by the
110 The Liaison win mal
Liaison and nee y the CAY to the property owner by cerrned mail noticing the
owner of the date, time, place an the substance c ec n a,c n ec sure
and/or money *udg ent and/or writ of attachment) the motion;
�� � /calendar a re-inspection a request to the ass gyred Inspector t
III,
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conductinspection prier to the next,available SM hearing
v. The Motion hearing s heard by S n the s ec� fie ate
v. If SM finds foreclosure or money judgment is appropriate, the Liaison . notice r
the property owner of the s ruling and eyed. calendar a re-'inspect i n request t 1
the net Inspector to conduct an inspection t . r 30 days of the e SM ruling;
. Y l seek permission from the Board of'�C ur ti Co s� ���� t ► � � for
.
foreclosure or money judgment in court,
vii. The assigned Code Iris e for continue to r for the pro e �` �compliance
h re-inspections every days andattempts t notify the owner ►y a quick
t�.rcr�
email y y i e
r.�tt�r, t�r�
property s not in.compliance and lass are r Ong. The assigned Code Inspector
* r provide e r tte plates to the CAY even 90 days.
9. Subsequent to the S s ruling on the Motion, the CAY will place an item, on the C . ss s
agenda see ire the Boar' s direction and,authorization on, further enforcement and collection
efforts. Potential optars for itl ig .trorr include seeking injunctive relief, a money judgment for
the unpaid,Byres, foreclosure, or other relief Potential non—litigation options include referral to
smother agency, allowing erns to accrue,rue, or other relief
. If the recommended legal action is referral to another agency, release of eery, or allowing liens
to accrue,e CAY will send a written memo r email to the Director of Code Compliance
pliance
outlining recommendation.
L Dace authority is granted by SM and/or Board of County Commissioners, CC will order a title
search on non-homesteaded properties, and the assigned Code Inspector will conduct a re-
Inspection alter receipt of the title search. Litigation will commence after the title search is
completed and a current re-Inspection IiS completed. The assigned, Code Inspector will continue
to monitor the property for compliance throughr� rr.�p��tr� s every 90 days and attempts to
cont,act the property ownerby a quick, email, letter, telephone call. or,demand and letter every ,
days that the property, s not in compliance and, fees,are running. The assigned Inspector will
pr e written up dates t the CA .every : days.
2. If the Board decides es not to authorize iqjunctioon or enforcement fibigation, a deci*sio r from, t
he
Beard Gourd include direction to
1. Allow lien to regain Fled and accrue interest until. sale or re rrarrc� r g or
r.r. Release the Barr.*, or
III# Request staff to pro i e progress report n o riar c�e efforts arrr a at
the March. CC
Exception—If violation poses a,serious tweet to the uric health, safety & welfare then immediate
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e rsi'ors t Isle an action for an inspe tin arra t, igjunct or and/car demolition may e sought it
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CC direction.
March i , 2014 Code Lien t cedure