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Item R07 R.7 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 October 19, 2022 Agenda Item Number: R.7 Agenda Item Summary #11178 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 DAVID BAUDUIN and his property, 858 Caribbean Drive E., Summerland Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE20030017. ITEM BACKGROUND: CE20030017: This property has been the subject of a code compliance case for failure to obtain required permit(s) for a) tiki huts, b) white fence with rolling gate and c) lattice in lower enclosure (all components remain non-compliant). The fines total $60,100.00 as of September 16, 2022 and will continue to accrue at$100.00 per day, until compliance is achieved. A hearing was scheduled for September 24, 2020 and the property owner was not present. The Special Magistrate found the property in violation and ordered a compliance date of January 22, 2021. The County's lien was recorded on February 9, 2021. A subsequent hearing was held on October 28, 2021 and the property owner was 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. According to the Monroe County Property Appraiser, the Just Market Value of the property is $818,632. There is an original mortgage in the amount of $364,000, as well as two lines of credit against the property totaling $220,000, all of which predate the County's lien. The property is not homesteaded and there are no pending foreclosure actions at this time. 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 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. Packet Pg.4789 R.7 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: AIS Supporting docs CE20030017 Bauduin 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: 10/19/22 148-50001 - GROWTH MGMT ADMIN $2,500.00 BUDGETED REVIEWED BY: Packet Pg.4790 R.7 Cynthia McPherson Completed 09/30/2022 5:08 PM Kelly Dugan Completed 10/03/2022 10:46 AM Bob Shillinger Completed 10/03/2022 12:21 PM Lindsey Ballard Completed 10/03/2022 12:33 PM Board of County Commissioners Pending 10/19/2022 9:00 AM Packet Pg.4791 R.7.a BRIEF FOR DAVID BAUDUIN — CE20030017 MOTION FOR COLLECTIONS 10/2.8/2021 htt s;//rncesearch,raonroecount -fi. + v/cod,e/CE200300`I Monica Rodriguez Research Analyst - Monroe County Subject Property 858 CARIBBEAN DR., SUMMERLAND KEY, FL Violation(s): 110-140.(a) — Building permit required 1 . Tiki huts (no permit applied for; NOT COMPLIANT) N 2. White fence with rolling gate (no permit applied for; NOT COMPLIANT) U 3. Lattice in lower enclosure (no permit applied for; NOT COMPLIANT) Property is NOT in compliance nE Lien was recorded in the Official Records of Monroe County on February 9, 2021 , Book CU 3074, Page 1707 and remains unpaid. Lien $27,956.91 as of October 25, 2021 CN U U) NOTES: 0 NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on September 20, CL CL 2021 to address on PRC. Return receipt was returned signed on September 30, 2021 . LO *No communication with PO since mailing of Motion/Notice County is asking the Special Magistrate to authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. Packet Pg.4792 R.7.a BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE20030017 DAVID BAUDUIN, ) Respondent(s). ) NOTICE OIL MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY KDGMENT c14 PROCEEDINGS & NOTICE OIL HEARING U Petitioner, Monroe County, will move the Monroe County Code Compliance Special Magistrate, 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 February 9, 2021, Book 3074, Page 1707 on the property that was the subject of the code compliance action described as: 858 CARIBBEAN DR. SUMMERLAND KEY, FLORIDA 33042, MONROE COUNTY, RE#00192220000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of September 3, 2021 + is $22,708.76 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This W t3 motion will be considered on October 28,2021 at the Marathon Government Center, 2798 Overseas Highway, EOC 0 Meeting Room at 9:00 a.m.,Marathon,FL 33050. ALI,PROPERTY OWNERS WHO WIS ,ro PARTICIPATE IPA7C"i+ IN"I IIE i4EARI,NL SIIC' ULD AI"I" 'NI1 i E ZOO'G I 'ir E, INAR. INSTRI.lCTIONS ATTACHED HERETO. CL Gt�1G2 G � to o Paunece Scull to Assistant County Attorney Fla Bar No 729477 I I 1112t' Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify (hat on this :. ... clayof..� . .>202 l a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. mm 44 0 c' _. `1 I I. 858 CARIBBEAN DR. E SUMMERLAND KEY, FL 33042 Code Complian Department ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"71111. Packet Pg.4793 R.7.a County ®f Monroe The Florida Keys Cade Carry lis roc C �° r¢uerta l a r�art' t f" �arAmrotw C rtrr�-Bo . 2798 Overseas Highway Mayor Michelle Coldiron,District 2 Marathon,Florida 33050 - � �,$ . Mayor Pro Tern David Rice, District 4 Voice:(305)289-2810 ,1 Craig Cates,District 1 FAX: (305)289-2858 Eddie Martinez,District 3 Mike Forster,District 5 DAVID BAUDUIN 858 CARIBBEAN DR. E SUMMERLAND KEY,FL 33042 M September 3, 2021 `N t3 Subject: Code Case: CE20030017 Location: 858 CARIBBEAN DR. SUMMERLAND KEY, FL 33042 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 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 Hearing will be conducted by the Code Compliance Special Magistrate on October 28, 2021 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marath on, FL 33050, ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING u) SI10 J1,D ATTEND VIA ZOOMWEBIN . INSTRUCTIONS ATTACHED HERETO.The purpose of this hearing is to consider approval 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 property CL 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 ll,od uez Code Compliance Research Analyst 305-289-2586 le4�riZ,1� z-aartc3� — 6�. .. ecmi Packet Pg.4794 R.7.a Special Magistrate Hearing - October 28, 2021 You are invited to a Zoom webinar. When: Oct 28, 2021 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - October 28, 2021 Please click the link below to join the webinar: N U Or iPhone one-tap US: +16465189805„89158727846# or +16699006833„89158727846# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 N Webinar ID: 8915872 7846 U International numbers available: 0 CL CL Packet Pg.4795 MONROE COUNTY CODE COMPL►. CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE20030017 Property Location: 858 CARIBBEAN DR., SUMMERLAND KEY, FL 33042 Parcel ID: 00192220000000 DAVID BAUDUIN 858 CARIBBEAN DR. E SUMMERLAND KEY, FL 33042 M cN U ,5 M cN U U) U 0 c� Packet Pg.4796 R.7.a MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL REC EIPTS TRACKING Case Number: CERT # GOOD SERVICE: NO SERVICE: r-NpN fJ V cn Fre iCIO S 8 = a !W- gcr ° M 30 O uuull .1 m -�� � 8W • w � w w mill `� mil N C tip Et 1 !L Dq j a N LLJ a W (D ,,,f a 61 - r� -+ 7 _ �uw.: v o 3 � = w maa z co CMA rNNwy ® 2 o a " O U�t ft a _ Postmark n�i O y r ,t CD 9 F rvd9esf�,t, etsutr�?rut+aa ,�ay' umad«rJ �,yIRa3Gauwu Vdaa;EaxlxE f�ware�a;augnND ° 0 m Y _ om ro O N O u.,duff N r ituow.m R q ud�a cS If)s�Vowrml ._.......�.....,,,,,,,......_ Here Jr C CD V�gua 'Vitlme pu Q¢5 mAmrm0c) $ tu TkUt „C O �. /6 ,t \ fD CN ® II PtPdWOrt�zOd�MnYklmiP G'xQWCIfP.".P. $u O I,� aaraau w m +' rr . II c� O Tolal Posta,ga and Fors fL "s; � 9❑0 ED Sisn senCra i P, _... . 0 um2. il� � t "a ......... _._m_... � CL . uz tih" �it¢�r, PPa -. g o_e m f zg �� as �S g - CL C, S a CL ty 3 � U p ❑❑ co m _. ., mClty mm= a.+ occ B ga' 1113 nnyn 3 CL pi mo �mv mw� Z { ���s D D _. p N a t0 CD �334aco CD > > o m .+ a co Packet Pg.4797 R.7.a r BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE20030017 iZ1 DAVID BAUDUIN, ) M CN U Respondent(s). ) ER AIJT RI I] G O �LO�URI NWOR MONEY JUDGMENT A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore,it is hereby ORDERED that the office ICU of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. CN DONE AND ORDERED this--,- 29TH da of C o 02 1, at the Marathon Government t.3 V) Center, Marathon, Florida. 0 Jol ani aCL re Specia . e CL "ERTJFICATE OF ORDER, I hereby certify that is is a true and correct copy of the above Order. r 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 IJ-S- mail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office and/or Authorized Representative N/A on this 29TH ay of October 1, Nico e A Petrick, Liaison Packet Pg.4798 R.7.a MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE20030017 Property Location: 858 CARIBBEAN DR., SUMMERLAND KEY, FL 33042 Parcel ID: 00192220000000 DAVID BAUDUIN 858 CARIBBEAN DR. E SUMMERLAND KEY, FL 33042 N c) ,E c� c� c� c� Packet Pg.4799 R.7.a County of Monroe Code Compliance Department 2798 Overseas Highway � . Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING � To: DAVID BAUDUIN Case Number: CE20030017 858 CARIBBEAN DR E SUMMERLAND KEY FL 33042 Location: 858 CARIBBEAN DR E , SUMMERLAND KEY, FL 33042 Re Number: 00192220000000 N U DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 04/20/2020 and subsequently found the following violation(s) of the Monroe County Code: 110-140.(a) - BUILDING PERMIT REQ/CH 6 APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE: 1. TIKI HUTS CN 2. WHITE FENCE WITH ROLLING GATE W 3. LATTICE IN LOWER ENCLOSURE c� 0 Corrective Action Required: Contact the Monroe County Building and Planning Department 00. CL and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTIONS. ( PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 09/24/2020 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. R Packet Pg.4800 R.7.a You can avoid attending the hearing if all violation(s) noted above are corrected by 09/17/2020 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. ( ) 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. If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a N repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be U irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose 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 YOU AND YOUR PROPERTY. CU You may appear in person and/or be represented by an attorney or authorized agent. If you are 00 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: N You may request a continuance of the hearing for good cause shown. If you choose to request a U) continuance, a written request on the County's form must be made at least five (5) business days 0 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. CL CL 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. 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: 2 ��� Packet Pg.4801 R.7.a HALL, JANICE Code Inspector 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 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 4982 8600 on ... Code on iplia cc cpaGtmcnt IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT 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 "71CN 1". c, V) U 0 0 CL CL c� III Packet Pg.4802 R.7.a MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE001 ERT #: co �n E' m ° s.« GOOD SERVICE: coz ° —_ a .�_3 rt� 3 a f D 3 � m 00 = 0 1 v -+�m m a m NO SERVICE: i V 1 n � _ � � 1(9 ° 7218 0362 2202 4982 8620 N � � � � Y 0 0 �tl V� II o W z a co 0 0 — m"ii `. rrk ,ma ¢t7 ran o' N f.o n � CD M CD kh G� a71 tP "AJ ";p62 cam .uu N 133 £a" W O •G 3 vw ru 1O N • FD cn Ir � � n t% w © (D N a, 9!` O «ACN MR I El 0 0 O w C3 oo n�os �p x D " oommaa(A e MR m mm� m a. " m Z z m a 70 0 a Q 0 a m m m m C, o t a m <y i" CL im O a mQ m y T. •` m m n m `m CL • y �' ~ • O rn o m.f0 f0 O m ID m m m W U mono to . ���' ❑ Q! yq ❑ ❑ o y a+ o m cd co CD 3 a i d ' i!k Pa R.7.a b Monroe County Code Compliance Department 102050 Overseas Hwy, Suite 225 Key Largo, FL 33037 Phone: (305) 453-8806 Fax: (305) 453-8819 2798 Overseas Highway, Suite 330 Marathon, FL 33050-2227 Phone: (305) 289-2810 Fax: (305) 289-2858 cN 5503 College Rd, Suite 204 U Stock Island, FL 33040 Phone: (305) 295-4343 Fax: (305) 295-4334 Community Concerns & Complaint Form n Date: _ Phone In Person ( ) Other O -------- ----------- Method of Delivery: ( ) �. Please include details pertaining to the complaint, address of complaint or description N of the location. (street name and number, RE#, etc) U . U) U _______ _____-__-------- _-- ___ _ --_ - m ------------------------------------- CL «..... W it (-L - -______ Follow Up Contact: ( ) None/Anonymous Please indicate the best way to contact you: Phone: _______________.___ _---_____----_____ E-mail: --------------------------------------- Name/Address: ---------- --_.__---_-._____________ 44 Complaint Taken By.___,_____ __ ___ ______________________ Packet Pg.4804 R.7.a a� / j r u 9 uX' J r I � / �' ' r � CN / / n I � LLl I mm �'',n,�� � ,. � � . ,,.,.,,:. ��✓fIG11Jr�1%�111%///��'�'/�l; � 5u�q pip ^,.,j/ //1/�9.,H/G% J / �jn j"jU1� f//� IbN n'rd'� e.• G - loo I 1b"v r 1,1 rwl d CL m,au a ai / i P 4; m n s+p Vi CL CE20030017 858 E CARIBBEAN DR, SUMMERLAND KEYr tr �� 5/19/20 INSPECTOR HALL Packet Pg.4805 R.7.a w, ,% lr 1i u ui w J r t u i aw JI'p % Nr v,dh 4e8 , LCNL� i e . /ir o i r r/i r�Nw �0 ( tii�N,� HaJ r,m r =_ N u u CL lli ............ � a.a a r CE20030017 858 E CARIBBEAN DR, SUMMERLAND KEY mg, l 5/19/20 INSPECTOR HALL Packet Pg.4806 R.7.a r Q � i �tiivrr� m J ., w u ' z 41 ,4 N'��IVlillWu'�fa��rv,fall !�,,,�,i��n, ,e, ';��r,,, ,��-.n✓oi,„, ,,, b , �. � i ,,'"�°"'„ a,�..,'�,.`'«.w '�yD "�w�.- � N em w u f r u CL CL n r60 F Il TJ� G r J j � :uNr•" 1 w .�%� ill `��O�i � � �. M I I dle,!G..10/miB 'u ai rr /w, 0 I � > CE20030017 858 Caribbean Dr E, Summerland Key ' ���"� 4/20/20 INSPECTOR HALL / Packet Pg.4807 R.7.a CE12070075 858 Caribbean Dr. E Summerland Key V&v 07/19/2012 Inspector N Dowling y" v 9 1, i n W U III i tr ioJ t% 4� �� ✓ r r� r �% N V �Mn✓err l �,t�`. ''� �U�'�ld��r �� N" � ,�,P�� i8! f m. CLr al w W40 11 f,fo a�w,,, ,ei��„>l,�A!!f� .,� �a ,mul .,�� ��Y.iov ;`ah /✓,,,,n� ".,��d �,i�,i„✓�!,�. r1 � Id$ •���� v I� � �illluri I Y41i ' Packet Pg.4808 R.7.a w o , Moll roe "arc r "a m 3p��aaca w g sew Pa a _ ki I of "n�wuouL� _. u�ro uanu �drun� x' � n °.t tt,li ,kite C 4sldtq(rrn.District 2 � ��t'Ov rscis&fi&waav vtturaatkrc�n t torxrta�:i(:?) h "ka Nk m Pal t.rnrn to na-l�9 ttra,e,Di s('io 4 w'n:rs`e:(.305)289-2.8 10 l o f 1 X: (305)289-2f$58 G�-;cC le l.9narn%r:ez. Distri t 3 �m ktike Fearsraa;m, District 5 'v. AV,JN._LLd' B U.IR IAN SUMMERLAND KEY, FL 33042 Irebruai�y 11, 2021 cn CN �yanljcct: ('crde Catse �;P:;�'t�(1 001 7 � Property Locatlow 858 CAR1BB AN CDR E, SUMMERLAND KEY° II L 3 042 Real Estate No,a 00192220000000 � Dear Property Oww ner(s), 'T'Irls letter is to lrnforna you that our records indicate tfnat the violation(s)remain on your lf)r°o➢:nerWty and the fines will conntnr:nu:re to run ln,, tine arrnouurnt of $ 100,00 pefl..days Until the property] cornes into compliance. � Addition, a ➢n�rn ar€arltns l . 1:� W s.o(`Nfounroe a�nrtntw) on ttl?/09/21, Book t your wo ert°�r vas recorded am the 4 1"ficnarl l�cwau 307°1, Pag.ze 1707. I-lie current arnnount. ol`tlrc Co unlyP s lien, is 2,2�74 6 (fines and wwlalc,[( c.onflnrne to accruc car and increase until the ease is eorrupllarrnt and closed° N N w Pik lien u a Henn one the property that was tfuc subject of the code en$enr�errnc rnt apt orn �mn�4 upon any and <a.Nl otlt�r real U) U and/or personal propeir y yc:rur own. Yi)u can resolve duns matter by bri ng.)nno the propefty into compliance and remitting payment in roll to- Monroe S County Code Conn pfiance Depnrturterrt:.; Atu,,nntlow Nueole Pett.ich- 2798 Overseas eas 11lgho a.y, Stritnd "30., i�farrautl�otr CL Fforlda .330 pP. The County wl ll tfen provide ar Release and Satisfaction, of Lien to you. C 1f'you have achieved corrnplrarnce, pteansc contact your-Code Inspector at the a pproprlade locan.tfrtrn, Middle Keys- 2798 0ven-seas .l...l(g lnwan.y, Sttlto '):sty, Maxranthorn, p°1.,?3050 (305) 28,ca...:;810 � Ul)per l .eyes 102050 Overseas Highway, Key Largo, Fl.33037 (.305)453-8806 c� 1',ass.' c„tl°tiJH yow',, lrluca,cnle l:le-trick, U. i akoun l•on°rIuc,!at.rn ins rr'a:i"'rrdinn,g fliik; lk`';'tter" lflease contact your Inspn clor. D'anuIrr oa 1-1;u.11 .10 z..89— 2_591 Packet Pg.4809 R.7.a BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA Doc#23413375 Bk#3074 Pg#1707 MONROE COUNTY FLORIDA, Recorded 2r9'3021 4.15 P!vr Pale I of Petitioner, Filed and Recorded in Official Records of VS. MONROE COUNTY KEYLN MADOK,CPA DAVID BAUDUIN Case No,: CE20030017 Respondent(s). Subject Property Real Estate Number: 00192220-000000 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: W c) were! re ( r)e and/or and did i o tes tthe violation(s)set forth �� The Re t s and/or Authorize e rth in the Notice of Violation/Notice of Hearing which is incorpora e herein a if fully set forth. { ) 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 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 w._ days of this Order, { ) CID COSTS Pursuant to Section 1 ta2.07(2)of Fionda Statutes all costs incurred by the County in prosecuting the case is ordered tc `" be paid within thirty(30)days of compliance, Costs will continue to accrue until compliance is achieved and the case is closed, W ( ) The Respond nt(s)s aI9 oompRy with the Codes) referred to in the Notice of Violation/Notice of Hearing on or before U "`THE COMPLIANCE DATE"), ( ) In the event the vio ati�an(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: 110-140 - , CL for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are hereby ORDERED. 4i ( ) 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 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. 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: _ .... . ..... _. ...... Page 1 Packet Pg.4810 R.7.a In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in th" public records and shall thereafter constitute alien against the land on which,the violation or violations exist and upon any other real c personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three month and/or may sue to recover money udrgment for the amount of the lien plus accrued interest, Please make checks payable to Monro County Code Compliance and malll to: Monroe County Code Compliance, Attu. Office of the Liaison, 2798 Overseas Hwy., Suite 33( Marathon, FL 33050. IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY 1 COMPLIANT BY CALLING CODE COMPLIANCE AT 30 53.8808 FOR THE UPPER KEYS- 305 289-2810 FOR THE MIDDLI KEYS 30 285.4343 FOl THE:.LONER KEYS. °2 2020 a n G.Van Ingham, ' Magistrate APPEAL PROCEDURES Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order b CN filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MA' u HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTE" ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIA MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THI ORDER. CERTIFICATE OF ORDER I hereby certify that this is a true and correct copy of the above Order. . wd _. _...... _ ........_.... Nicole Petrick, Liaison N c) U) CASE NUMBER: CE20030017 0 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: 0 DAVID BAUDUIN 858 CARIBBEAN DR SUMMERLAND KEY, FL 33042 Location of subject property: 858 CARIBBEAN DR E SUMMERLAND KEY, FL 33042 Real Estate Number: 00192220-000000 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 / ir. class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referencE abo q and/or Authorized Representative _..... __ on this day „ 20 Nicole Petrick, Liaison Page 2 Packet Pg.4811 d ' Y Count of Monroe The Florida Keys � Hord mt'(cmtrntC nnlissam�nrs tote tmrt yiaDar rr , 2798 Overseas Highway Mayor Michelle Coldiron,District 2 Marathon,Florida 33050 ,, Mayor Pro Tern David Rice, District 4 Voice: (305)289-2810 tar Craig Cates,District 1 Eddie Martinez District 3 FAX: (305)289-2858 14 Mike Forster,District 5 BAUDUIN DAVID 858 CARIBBEAN DR SUMMERLAND KEY, FL 33042 M cN Apr 27, 2021 U Subject: Code Case: CE20030017 Location: 858 CARIBBEAN DR E SUMMERLAND KEY, FL 33042 Dear Property Owners, S The purpose of this letter is to inform you that 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 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 conrpliatrce. A w daily fine of$ 100.00 per day has currently accrued for 94 days for a current total of$ 9400.00 . m) U 0 Additionally, purs�ttant to h S. §1.62.07(2), singe 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 tinder F.S. §162.09(3). To date, these costs are $ 374.86 and costs 0 will continue to accrue until the violations are corrected and the case is closed. CL Therefore, the current amount of the Monroe County lien is $ 9,774.86 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 yours, Janice Hall Sr Code Compliance Inspector 305-289-2591 Packet Pg.4812 9/30/22,4:41 PM gPublic.net-Monroe County,FL-Report:00192220-000000 R.7.a ,, 1C.n t" Monroe County, FL Disclaimer The Monroe County Property praiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to 5ecLare a lust va uatlon for aci valorem tact purposes of ail'propertyy Within the County.The Monroe County Property appraiser's office canruot guarantee its accuracy for arty other purpose.Likewise,data provided regarding one tax year may not e ap livable in iarior or subseguent years.By regusting such data„you hereby understand and agree that the data is intended For ad valorem tax purposos only and should not be relled on f'ol any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00192220-000000 r Account# 1254096 Property ID 1254096 MillageGroup 120C Location 858 CARIBBEAN or E,SUMMERLAND KEY Address Legal BK4LT18SUMMERLAND KEY COVEADDITION5PB5-40 Description SUMMERLAND KEY OR684-863/64 OR1012-294D/C OR1323- P 426 OR1323-430AFF OR 1371-5 OR1545-901/02 OR1557- 1039/53F/J OR1611-1676 OR1860-722 OR2320-1862D/C OR2599-1002 (II^4N0e.I4^pttttobeuwdwiillegalldocuimen4•,s,. f 4e8 Neighborhood 757 C LI L Property SINGLE FAMILY RESID(0100) W Class Subdivision SUMMERLAND KEY COVEADD#5 _ Sec/rwp/Rng 35/66/28 Affordable No Housing Owner BAUDUIN DAVID 858 Caribbean or E Summerland Key FL 33042 Valuation 2022 Working Values 2021 Certified Values 2020 Certified Values 2019 Certified Values + Market Improvement Value $269,451 $236,025 $221,890 $226.933 + MarketMiscValue $40,231 $40,851 $41,471 $42,090 + Market Land Value $508,950 $291,994 $277,313 $246,319 t% = Just Market Value $818,632 $568,870 $540,674 $515,342 = Total Assessed Value $625,757 $568,870 $540,674 $515,342 N School Exempt Value $0 $0 $0 $0 L) = School Taxable Value $818,632 $568,870 $540,674 $515,342 U) U 0 Land Land Use NumberofUnits Unit Type Frontage Depth RESIDENTIAL CANAL(010C) 7,500.00 Square Foot 60 125 E CL CL Buildings BuildinglD 12516 Exterior Walls VINYLSIDING Style STILT 1STORY Year Built 1996 Building Type S.F.R.-R1/RS EffectiveYearBuilt 2013 Gross SciFt 3332 Foundation CONCPILINGS Finished SgFt 1189 Roof Type GABLE/HIP $' Stories 2Floor Roof Coverage METAL Condition AVERAGE Flooring Type CONCS/BGRND Perimeter 198 Heating Type NONE with 0%NONE Functional Obs 0 Bedrooms 2 U EconomicObs 0 Full Bathrooms 2 Depreciation% 7 Half Bathrooms 4 Interior Walls MASONRY/MIN Grade 500 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter FLA FLOOR LIV AREA 1,189 1,189 198 GBF GAR FIN BLOCK 406 0 86 CPL LATTICE ENCL 580 0 156 LLF LOW LEV FIN 406 0 86 ODU OP PR UNFIN UL 16 0 16 OPF OP PRCH FIN LL 203 0 72 OUF OP PRCH FIN UL 532 0 274 TOTAL 3,332 1,189 888 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l535021990&Ke Packet Pg.4813 9/30/22,4:41 PM gPublic.net-Monroe County,FL-Report:00192220-000000 R.7.a Yard Items Description Year Built Roll Year Quantity Units Grade CONC DAVITS 1995 1996 1 1 UT 1 BOATRAMP 1995 1996 1 2405F 2 CONC PATIO 1995 1996 1 270SF 2 WOOD DOCKS 1995 1996 1 5305F 4 FENCES 1995 1996 1 5605F 2 CONC PATIO 2001 2004 1 120SF 2 BRICK PATIO 2001 2004 1 16815F 1 WOOD DECK 2001 2004 1 204SF 1 WOOD DECK 2001 2004 1 72 SF 1 TI KI 2001 2004 1 77 SF 3 FENCES 2001 2004 1 930SF 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 11/9/2012 $455.000 Warranty Deed 2599 1002 01-Qualified Improved 2/14/2003 $465,000 Warranty Deed 1860 0722 Q-Qualified Improved 12/20/1999 $300,000 Warranty Deed 1611 1676 Q-Qualified Improved 9/1/1994 $37,000 Warranty Deed 1323 0426 S-Unqualified Vacant 2/1/1976 $4,000 Conversion Code 684 863 Q-Qualified Vacant yw, Permits W Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type 0 Notes 0 U 18100934 2/7/2018 $2,400 Residential hurricane irma roofing 011945 7/9/2001 1/1/2002 $1,950 Residential REPAIR PAVERS 96-0452 6/1/1996 8/1/1996 $800 Residential FENCE 95-1443 10/1/1995 8/1/1996 $6,000 Residential DOCKS 96-1267 9/1/1995 8/1/1996 $2,600 Residential ENCLOSURE 95-0432 6/1/1995 8/1/1996 $60.000 Residential SFR View Tax Info 4d"rr.�w"F.aue�tr"n ihls par+:,v,l. G0 Sketches(click to enlarge) M t14 U U) U 0 0 CL CL c� https:Hgpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l535021990&Ke Packet Pg.4814 9/30/22,4:41 PM qPublic.net-Monroe County,FL-Report:00192220-000000 CPL OUFOPF :4� OU( ............... LLF FLA (406) 14 (812) 28 GBF � (406)14 48 CN ...........................--2% w U FLA z 13 CPL 13 (377) (3T7) �ME CN w U U) U Photos 0 0 CL CL LO LO 4i a 0 E .a hftps:flqpubiic.schneidercorp.com/Appiication.aspx?AppID=605&LayerlD=9946&PageTypeID=4&PageID=7635&Q=I 535021990&Kel Packet Pg.4815 9/30/22,4:41 PM gPublic.net-Monroe County, FL-Report:00192220-000000 R.7.a Map r T TRIM Notice w U 2022 lmfjroces Omy Schneider GEOSPATVAL n t% CN U U) U 0 L39 0 CL CL LO LO C5 https://qpublic.schneidercorp.com/Application.aspx?AppiD=605&LayerID=9946&PageTypelD=4&PagelD=7635&Q=1535021990&Ke Packet Pg.4816 2022 Paid Real Estate MO NROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PROPERTY -• • •• ACCOUNT# R.7.a m 1254096 120C 1254096 v c ua O a o � m BAUDUIN DAVID 00192220000000356628 N Cj Co 858 E Caribbean Dr 858 CARIBBEAN Dr N o 'm Summerland Key,FL 33042-4817 �2 o BK 4 LT 18 SUMMERLAND KEY COVE ADDITION 5 rn P135-40 SUMMERLAND KEY OR684-863/64 C) am OR1012-294D/C OR1323-4 a a- IY d ADVCALO(& 7uh tl5 ,r SCHOOL STATE LAW 305-293-1400 1.4860 568,870 0 568,870 845.34 SCHOOL LOCAL BOARD 305-293-1400 1.7980 568,870 0 568,870 1,022.83 GENERAL FUND 305-292-4473 0.7429 568,870 0 568,870 422.61 F&F LAW ENFORCE JAIL 305-292-7017 1.8279 568,870 0 568,870 1,039.84 HEALTH CLINIC 305-296-4886 0.0441 568.870 0 568,870 25.09 GENERAL PURPOSE 305-292-4473 0.1725 568,870 0 568,870 98.13 y MOSQUITO CONTROL 305-292-7190 0.4648 568,870 0 568,870 264.41 M C LOCAL ROAD PATROL 305-292-7017 0.3203 568,870 0 568,870 182.21 M _ Cn SFWM DIST 800-432-2045 0.1061 568,870 0 568,870 60.36 m D p OKEECHOBEE BASIN 800-432-2045 0.1146 568,870 0 568,870 65.19 M 7 F) N LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 2.0069 568,870 0 568,870 1,141.67 z 2 z EVERGLADES CONST PRJT 800-432-2045 0.0365 568,870 0 568,870 20.76 0 c O A m m O r C m z� m ('1 O TOTAL MILLAGE 9.1206 AD VALOREM TAXES $5,188.44 S^ n� ..... ------.. .......-�.. ___E _L E—PH-ON-E, _,.........m_..._� ..LEVYING _ ._.� _........ _...-�. Rd:aW�k A SES EIN:;5. AUTHORITY • • MO CO SOLID WASTE 305-295-4323 . 413.00 CUDJOE REGIONAL WW INNER AREA 305-289-6051 IL:1 302.53 Cn ? N U ........., _...._._..,,. - _.._ U) NON AD VALOREM ASSESSMENTS $715.53 0 ........ .�mm ._� COMBINED TAXES AND ASSESSMENTS $5 903.9 .. ....... - - m _ _ See reverse side for �y important infarmation � Please Payed BY WWWW $0 000 2022...__.... .. ... _.._ IF PAID BY CL SAM C. STEEL. C.F.C. 2022 Paid Real Estate "�'"`• ` MONlrlROE 0011F1TY TAk QOLLEOT�)R NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS ROPER I 1254096 120C 1254096 ' ........., ......... ....... . E 00192220000000356628 BAUDUIN DAVID 858 CARIBBEAN Dr 858 E Caribbean Dr i Summerland Key,FL 33042-4817 BK 4 LT 18 SUMMERLAND KEY COVE ADDITION 5 = PB5-40 SUMMERLAND KEY OR684-863/64 OR1012-294D/C OR1323.4 r z CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO SAM C.STEELE,C.F.C.TAX COLLECTOR•P.O.BOX 1.2,29,KEY WEST FL 33041-1129 F�Please Postmarked By Sep 30,2022 Pay $0.00 mmITITITITry Paid 09/13/2022 Receipt# 000-21-00046191 $1,409.57 Paid By David Bauduin Packet Pg.4817 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