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Item P4 P.4 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting December 7, 2022 Agenda Item Number: P.4 Agenda Item Summary #11408 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 JOHN BENNETT LINCOLN and his property, 603 Island Dr., Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE17030080. ITEM BACKGROUND: CE17030080: This property has been the subject of a code compliance case for permit conditions/flood hazard. The fines total $48,500.00 as of October 24, 2022 and will continue to accrue at$100.00 per day, until compliance is achieved. A hearing was scheduled for February 25, 2021 and the property owner and his attorney were present. The Special Magistrate found the property in violation and ordered a compliance date of June 25, 2021. The County's lien was recorded on July 15, 2021. A subsequent hearing was held on February 24, 2022 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. The Monroe County Property Appraiser lists the Just Market Value at $1,406,755. The property is homesteaded and there are no pending foreclosure actions at this time. There is no mortgage recorded 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 injunction and/or money judgment; 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. County staff recommends (option 1) initiating litigation against the property owner for injunction and/or money judgment. Packet Pg. 1893 P.4 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 CE17030080 Bennett 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: 12/07/22 148-50001 - GROWTH MGMT ADMIN $2,500.00 BUDGETED REVIEWED BY: Cynthia McPherson Completed 11/07/2022 12:23 PM Kelly Dugan Completed 11/16/2022 5:00 PM Bob Shillinger Completed 11/16/2022 5:28 PM Packet Pg. 1894 P.4 Lindsey Ballard Completed 11/17/2022 9:19 AM Board of County Commissioners Pending 12/07/2022 9:00 AM Packet Pg. 1895 ._. BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE1.7030080 ) J® N BENNETT LINCOLN, ) Respondent(s). ) ORDER AUTHORIZING FORECLOSURE AND/OR 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 of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this 28th ay of ru �2221,at the Marathon Government Center, Marathon, Florida. John G. an Laningham Special Magistrate CERTIFICATE OF ORDER I here by certify that t ' is a true and correct copy of the above Order. 4N* 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 U.S. ail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office and/or Authorized Representative, N/A , on this 28th day of Februar , 2022. Nicole M. Petrick, iaison MONROE COUNTY CODE COMPLI,...,iCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE 17030080 Property Location: 603 ISLAND DRIVE, KEY LARGO, FL 33037 Parcel ID: 00476550000000 JOHN BENNETT LINCOLN 603 ISLAND DRIVE KEY LARGO, FL 33037 BRIEF FOR JOHN BENNETT LINCOLN — CE17030080 MOTION FOR COLLECTIONS 2/24/2022 https:Hmcesearch.monroecounty-fl.gov/code/CE17030080 Monica Rodriguez 1)�('f via Research Analyst - Monroe County '?o V1 Subject Property - 603 ISLAND DRIVE, KEY LARGO, FL Violation(s): • 122-4.(b)(1)d — Permit conditions/flood hazard 1 . The enclosure is finished (permit 421301536 applied for 7/23/2021 and not issued; failed floodplain review on 8/2/2021 ; NOT COMPLIANT) 2. Parts of the enclosed area is partitioned into separate rooms (permit #21301536 applied for 7/23/2021 and not issued; failed floodplain review on 8/2/2021 ; NOT COMPLIANT) 3. Enclosed area is air conditioned (permit #21301536 applied for 7/23/2021 and not issued; failed floodplain review on 8/2/2021 ; NOT COMPLIANT) 4. Enclosed area has been constructed for habitational uses (permit #21301536 applied for 7/23/2021 and not issued; failed floodplain review on 8/2/2021 ; NOT COMPLIANT) 0 Property is NOT in compliance Lien was recorded in the Official Records of Monroe County on July 15, 2021 , Book 3112, Page 1932 and remains unpaid. 0 Lien $24,887.15 as of February 22, 2022 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on January 7, 2022 to address on PRC. Return receipt was not returned, therefore, the courthouse and subject property were both posted with the hearing notice on February 4, 2022 (courthouse), as well as, mailed via first class mail. *PO in communication with Assistant County Attorney, PS, 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. BEFORE 1,,,..,..- CODE COMPLIANCE SPECIAL:-- GISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE17030080 ) JOHN BENNETT LINCOLN, ) ) Respondent(s). ) NOTICE OF MOTION 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 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 July 15, 2021, Book 3112, Page 1932 on the property that was the subject of the code compliance action described as: 603 ISLAND DRIVE KEY LARGO, FLORIDA 33037, MONROE COUNTY, RE# 00476550000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of January 3, 2022 is $19,687.25 (fines and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on February 24,2022 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. p *aunececull Assistant County Attorney Fla. Bar No. 729477 Scull-Paunece6a7MonroeCouiitv-1--I-.Gov 1111 12"' Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this day of 2022 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. 1 0% to 603 ISLAND DRIVE KEY LARGO, FL 33037. �Am w Code Conniplianc epartment 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. County of Monroe The Florida Keys Code Compliance Department / :_.� Board of County Commissioners Mayor David Rice,District 4 2798 Overseas Highway Marathon, Florida 33050 9 „ Mayor Pro Tern Craig Cates,District 1 Voice:(305)289-2810 Michelle Coldiron,District 2 FAX: (305')289-2858 Vacant, District 3 -- f� Holly Merrill Raschein,District 5 JOHN BENNETT LINCOLN 603 ISLAND DRIVE KEY LARGO,FL 33037 January 3, 2022 Subject: Code Case: CE17030080 Location: 603 ISLAND DRIVE KEY LARGO, FL 33037 Dear Property Owner, 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 February 24,2022 at the Marathon Government Center,2798 Overseas Highway,EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS,WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA.ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO.The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Our records indicate that the violations remain on your property and the fines will continue to run until the property 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 Rodrr uez Code Compliance Research Analyst 305-289-2586 Rodriguez-monic"monroecounty-I1.gov Special Magistrate Hearing - February 24, 2022 You are invited to a Zoom webinar. When: Feb 24, 2022 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - February 24, 2022 Please click the link below to join the webinar: https://mcbocc.zoom.us/i/87171256770 Or iPhone one-tap - US: +16465189805,,87171256770# or +16699006833,,87171256770# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1646 518 9805 or +1669 900 6833 Webinar ID: 8717125 6770 International numbers available: https:Z/mcbocc.zoom.us/"uZkx9U Q58k MONROE COUNTY CODE COMPI-6. ,.,ZIE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE17030080 Property Location: 603 ISLAND DRIVE, KEY LARGO, FL 33037 Parcel ID: 00476550000000 JOHN BENNETT LINCOLN 603 ISLAND DRIVE KEY LARGO, FL 33037 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS TRACKING Case Number: C J-7 CERT #: o It 03U0 0000 4q'7131 GOOD SERVICE: NO SERVICE: c- A a ri Extre S'eMcrr-j&fees(mock box add tee s�Ea�ru rrl e�) ,fi t#c.Muirrr P"'k¢r^rrApY(r*i¢r¢1RvaninJ r _._,_ ,..... �" k"mar4 ( ;cetrtf od IVI0 Restrf€;tod DoNvrrry $ ... /p NrtttM ftri,zW.C-tartuirrA --------- .. ]'Aduk&gnotum rfrtutrdc-ted De6vc�ry S_ ....._.._.._..__.._..,._,.___..._.__m___..�................. _____._,.:.._._ age g� ��°"U�kxa�praetiaa�e anert�1f=a: � kect C arrdfeat % ar 'C cx d ------.30 tl G q b 4 6 Y 6 Mtn .ROE COUNTY CODE COMPLIAti...._ AFFIDAVIT OF POSTING CASE: CE17030080 INSP: MCPHERSON, CYNTHIA I, Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: LINCOLN, JOHN BENNETT , described as 603 ISLAND DRIVE , KEY LARGO, FL 33037 , having the property RE#: 00476550000000 with the Notice of Hearing for this case with a Hearing Date of 2-24-2022. THISNOTICE WAS POSTED AT: SUBJECT PR PERTY AS STATED ABOVE Date: � (c�" `. Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: RV Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: ` ' e ---- Time: ` Signature: Sworn to and subscribed before me this . day of "" 2044.. N ary Pu c, Stat BRENEDY RIGBY PAY CC)PMAISSION#GG 24577 i ;Y. EMPIRES:September 5,2022 Bonded thru Notary Public Underwriter 1 CERTIFICATION OF MAILING: -------- --� I I S, vy ( ( , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned No First Class Mail to: LINCOLN, JOHN BENNETT , 603 ISLAND DRIVE , KEY LARGO, FL 330 7 . fh Signature: Sworn to and subscribed before me this day of f&Ut& 2022. Notary Public, State of Florida YAIMA GONZALEZ•NOdAL > \�`�°; Notary Public•State of Florida • 4: Commission#HH 007698 oa My Comm.Expires Jul 27,2024 Bonded through National Notary Assn. ..... le ^ ry r 1 tt^✓ � I I III r a✓ r� �T r ;/�/, rru✓✓ r �Pr{�r{ , �r a ( ✓ y r /� � r b � '" �W ✓��lll l{l� �r J& a{r F , / rJ�' v - rr t Ru!J�� m✓i r✓� �J�� >' ��d�✓yyriyy��y^"l� iow ' ! ,gym��,ir„��../�,;,w / ,,,,,.� „�� ' _.�mm,r7..,F+„ r,�,,,'`ai(i�n+:.� ti, „✓rta/„;x, /,., „>aa.,;,r„Y1..,e. ,. ,a, �r �r r { i� I r r��•� �r��r u�„I / t i ✓ ri/ � I�yf ��6✓T�� fr� r,. lI it"l� y 1 �� l -�� ✓ � � lei r�J I/�rr ✓{/ j i� �;:. �� ,� w. �� I? ��r 1 '° {�e lei✓ ,y /b 6�,/ 7 y ��w �r ;a•Y� CE17030080-BE N N ETT 603 ISLAND DR-KL PROPERTY POSTING SR INSPECTOR L CUTI E 2-4-2022 1 l J7/d/Xfl JNY/j' �wr��r rw r 404, f n o�i Z"IF, r/l/ ! //' H1Y d�Jf'W'lN�'�%%/i ii„r/ J�,,r r✓r"� r r r; , � //rr � // ✓ii�l/ r �L r /�l� '✓�'✓i�r�l,✓i�nr//i�r✓rr�/u%� rr i /r Sri<'a�,i�llir�'iii/ir��„�+'/� � �I ' /r I '✓Pii/I /' / /rrr 6/�1 r r r W 1,,.. Ar / ( It 1 H �j iyiarl ua l � a k lffi 11��Vil5,�fN," 0 1/ CE17030080-LINCOLN 603 ISLAND DR-KL COURTHOUSE POSTING SR INSEPCTOR L CUTIE 2-4-2022 County of Monroe The Florida Keys r Board of County Commissioners Code Compliance Department I N� tik�Overseas Highway Mayor Michelle Coldiron,District 2 2798 Florida way Mayor Pro Tem David Rice.District 4Marathon, f � Craig Cates,District 1 Voice:(305)289-2810 FAX: (305)289-2858 Eddie Martinez District 3 ``� I-Iolly Merrill 12aschcin, District 5 JOHN BENNETT LINCOLN 603 ISLAND DRIVE KEY LARGO,FL 33037 October 1, 2021 Subject: Code Case: CE17030080 Location: 603 ISLAND DRIVE KEY LARGO, FL 33037 Dear Property Owner, 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 compliance. A daily fine of$100.00 per day has currently accrued for 97 days for a current total of$9,700.00. 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 $587.25 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is $10,287.25 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, Monica Rodriguez Code Compliance Research Analyst(305)289-2586 e oclri uez-r 7ut ica cz`,mot7rpecoun .t1_.gov. cc: Anthony A. Velardi, Esq. ------- Rodriguez-Monica From: Rodriguez-Monica Sent: Friday, October 1, 2021 11:22 AM To: anthony@keylargolaw.com Cc: alonso.at12@aol.com Subject: Case no. CE17030080 Attachments: CE17030080 Lincoln.PDF Good morning Mr.Velardi, Attached please find correspondence mailed to your client today. Research Analyst—Code Compliance Monroe County Code Compliance 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2586 (Office) (305) 289-2858 (Fax) Courier Stop#11 (L)±iguer monica f)rnonroecoi.xnty-fl.govv „�} :;✓�i�/>-f"�� >E G� t?t;;�'�r�,^'P '%d1rf�fC��'r'r� �>�l�lt�"�€�°a:Clr��P -Franklin D.Roosevelt PLEASE NOTE. FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAYBE SUBJECT TO PUBLIC DISCLOSURE. 1 Monroe' County of The Florida Keys Code Compliance Denartinent 2798 overseas Elighway e W Board of County Commissioners Marathon,Florida 33050 Mayor Michelle Coldiron, District 2 Voice:(305)289-2810 � i I MayorPio Ceps David Rice,District 4 FAX. (305)28[)-2858 = Craig Cates,s District I Eddie Ma rtincc, District 3 Mike.Forster. District 5 c4"' r :Y, JOI-N BENNETT L,INCOL N 603 ISLAND DRIVE KEY LARGO,FL.33037 July 16, 2021 Subject: Code Case CE17030080 Property Location: 603 ISLAND DRIVE, KEY LARGO, FL 33037 Real Estate No.: 00476550000000 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. Additionally, a lien against your property was recorded in the Official Records of Monroe County on 07/15/21, Book 31 12, Page 1932. The current amount of the County's lien is $ 2,564.65 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real and/or personal property you own. You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon, Florida 33050. The County will then provide a Release and Satisfaction of Lien to you. Ifyou 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 Resp c tfully yours, Nicole M. Petrick, Liaison For questions regarding this letter, please contact your Inspector, Cynthia J. McPherson 305-289-2508 .McPliersort-Cyntliia_(ii),MonroeCountv-FL.Gov CC: ANTHONY A. VELARDI, ESQUIRE PATRICIA GESSEL, PL 99530 OVERSEAS HWY., SUITE 2 KEY LARGO, FL 33037 ~� BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONR[lE COUNTY, FLORIDA Bv«#Z33n28z Bk#3ll2 P9#1932 xccordcd7/l5/Z02l 4:5IP&Y Page } ^f2 MONROE COUNTY FLORIDA, Petitioner, Filed and Recorded iu Official Records n[ MONROE COUNTY KEVIN0ADOK_CPA JUMNBENmc| | Case No,: CE17030080 um�uu» ��-�� SUN Property 0047FINAL 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: The RSSpOOdeV[/S\ and/or AuUlOhZGdRgp[8SeOt��iVe John Bennett Lincoln and Antho 110,if A.Velardi ES were preSSOtvi8` ' O0 YVebin@raOd did contest the V|O|a\0O(S)set TVi tO no m|n� uuceu/ vm/aou/...""~"". Hearing which — incorporated herein 8Sif fully set forth. /x) The R9SpODdRO�y\ i�a[8 the 0vVO��S\{fp0pehY located v�thiOK4000eCOV�vand w8S�er8duly Oo�:8d0f the h88�Og. `�' The ReSpOOdHO`-' is/are iVViol��ion—``f the ��0n'e County COde/6\ a8 fully set fO�hin the Notice of Violation/Notice(�Hearing ` ' served upon the Res'—, OdeOt(s). �� D��ip��n[i�y irreversible and 8 O��O8 of '� ( \ (}��|[�� |��'Th�V0|8�OO�� U � i3 ORDERED, payable within_____---days Ofthis Order. db`v the County in prosecuting the case is or dered tO (x) COSTS-Pursuant to Section 1G2.O7/2\ OfFlorida Statutes all COstSi0CUre be paidwithin thirty/3O\ days ofcompliance. Costs will continue tO accrue until compliance iS achieved and the case iS closed. 0��d�iOU� N��V�o�n��H��OOVn �b�� /o\ The �6sp0Od8O�S shall comply , ` ' ` ' '06/25/2021 H�COK0PL|AN�� DATE.). oO1h9�OD0�i8Oc8'd�� pn�vOu�vonde[0dOron�eCo0�i@OCeU�8 (X \ |O��O8V�OtTPeV|�|aoon\o) �u/�u/ �/�not corrected ,� ^ set forth herein,5ne(s) in the dollar amount: for each day BEGINNING [)N THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are iO violation is/are hereby ORDERED, ( \ It is further th��the Q3UOh/iS hereby 8UthOhZ8dk)nO8h88U b| repairsiOc|UdiOg d80nl�iOnwhiCh8[8reqUn ed `X ' s � ordered, |i� ' and charge ��SOn�RO8xj -Dl"C0F� [8�8iGiD�UrR� �V��9�0U�v.ihe costs of b}bhngUlg into _ � the cost~ _ incurred ' bv the County and any fines Ordered |n this matter. ( \ The Respondent(s)wgrainviV|abOnOf1he [WDNR{}ECOUNT/ as fully EHfO�hiD the NOdCeOfViO|8�On/NUbCe{f * Pono�x�u) and t int0oomoianCeOnO----`-'H�—'KA�L|/\NC� DAT� butanenow\noOmp|iaOCa. H8@hng�|8d |Oth|Su8SS3n not / / v�m/o . °~ to The \shallp8y\hetOte| anlountofooStGnd/ur1|n '-- --��ao Compliance thirty (3O\days OnJer. �oOmS�oumyuv" ` ' . ( \ Other: Page In the event of nonpayment of fines and/c.., ,sts imposed on Respondent(s), a certified cq, this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue 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 330, Marathon, FL 33050. IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT (305) 453.8806 FOR THE UPPER KEYS; (305) 289.2810 FOR THE MIDDLE KEYS; (305)295.4343 FOR THE LOWER KEYS. DATED this 26th day of February 2021, ,4o5n-G7Van LAKngham,-Sptm4 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 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 Or THIS ORDER. CERTIFICATE OF ORDER I here y certify that this is a true and correct copy of the above Order, Nicole Petrick, Liaison CASE NUMBER: CE17030080 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: JOHN BENNETT LINCOLN 603 ISLAND DRIVE KEY LARGO, FL 33037 Location of subject property: 603 ISLAND DRIVE KEY LARGO, FL 33037 Real Estate Number: 00476550-000000 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 first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative ANTHONY A. VELARDI, ESQUIRE on this 1st day of March, 2021. Nicole Petrick, Liaison Page 2 MONROE COUNTY, Petitioner vs. Case No. CE-17-030080 JOHN BENNETT LINCOLN, Respondent. RESPONDENT'S WITNESS AND EXHIBIT LISTS Respondent, JOHN BENNETT LINCOLN, by and through undersigned counsel, hereby files his Witness and Exhibit Lists anticipated for a hearing concerning the above-referenced matter on February 25, 2021 at 9:00 AM. WITNESSES 1. John Bennett Lincoln EXHIBITS Exhibits will include documents from the following list: 1. Approved Monroe County Building Plans and Certificate of Occupancy for 603 Island Drive, Key Largo, FL 33037. hy elardi, sq. Florida Bar No. 113917 Patricia Gessel, PL 99530 Overseas Hwy., Suite 2 Key Largo, FL 31037 Telephone: (305) 453-5277 Fax: (305)453-4985 E-mail: �inthoiiN.,(d,,kevlai-67olLiw.com & CERTIFICATE OF SERVICE I hereby certify that a copy hereof was furnished via U.S. mail to the following: Liaison for Special Magistrate 2798 Overseas lIwy., Suite 330 Marathon, FL 33050 and via e-mail to the following: Nicole Petrick, Liaison, CPM Monroe County Code Compliance Petrick-Nicole(!�)tiioiiroecounty-fl.gov on this 24th day of February, 2021. An ony A. e ardi, Esq. Florida Bar No. 113917 Patricia Gessel, PL 99530 Overseas Hwy., Suite 2 Key Largo, FL 33037 'I"elephone: (305)453-5277 Fax: (305) 453-4985 E-mail: & a[onso.ajI'd.,,,aol.com ........... ------- MONROE COUNTY, Petitioner vs. Case No. CE-1 7-030080 JOHN BENNETT LINCOLN, Respondent. RESPONDENT'S WITNESS AND EXHIBIT LISTS Respondent, JOHN BENNETT LINCOLN, by and through undersigned counsel, hereby files his Witness and Exhibit Lists anticipated for a hearing concerning the above-referenced matter on February 25, 2021 at 9:00 AM. WITNESSES 1. John Bennett Lincoln EXHIBITS Exhibits will include documents from the following list: 1. Approved Monroe County Building Plans and Certificate of Occupancy for 603 Island Drive, Key Largo, FL 33037. _�A t ony elard', sq. Florida Bar No. 113917 Patricia Gessel, PL 99530 Overseas Hwy., Suite 2 Key Largo, FL 33037 Telephone: (305) 453-5277 Fax: (305) 453-4985 E-mail: anthony(d,,keylargolaw.com & aloiiso.atI2 _i)�aoj.coni Elm CERTIFICATE OF SERVICE I hereby certify that a copy hereof was furnished via U.S. mail to the following: Liaison for Special Magistrate 2798 Overseas Hwy., Suite 330 Marathon, FL 33050 and via e-mail to the following: Nicole Petrick, Liaison, CPM Monroe County Code Compliance Petrick-Nicole@monroecounty-fl.gov on this 24th day of February, 2021. An ony A. ardi, Esq. Florida Bar No. 113917 Patricia Gessel, PL 99530 Overseas Hwy., Suite 2 Key Largo, FL 33037 Telephone: (305) 453-5277 Fax: (305) 453-4985 E-mail: atitl,-ionv,,'��,,keviargolaw.com. & alonso.at"].2Laol.com Ila l low* ow fVd a ! G) n ( I o ,rn Ft! rn o E f f Z m r y U I I r� 1 � f ! '1 --- Z T _ ^� 1 ^z `z� 71. r II III Ii m `M �I m n I r.� 1 I I � Hill 1 t r.4 — i i I f z r 1 . 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'.. 1 Ag I o �XT a. 1 ar r Eddy I, u G :.f a•IG 1 q , I M tl QUNI Y u MONROE I� BUILDING AND ZONING DEPARTMENT I� CER g IFICKI E OF OCCUPANCY ' Lp DONALO CNOBANIAN PbRMIT NO C6167 T+1IS TS TO CERTIFY that thc, bui ldir g loc +ted at Lot 19 8&ck 12 I� Largo Sound Vc,Mge for WhiCl1 permit ha hczetoror,c, oeen Ls.,u d I +t ueen conpLeted according to plans and spe( Lf1C-1L1ons fLlud in the officr of thc. i ++ Of COU, TY +3UILDIM., IoSPECr01{ and that the propo ed use of the build ne to wir i ail; 44 ScngZe Famt y Rmtidence complies with ill rho builaia- ina i ii -iith 1-igs ana ordLnances of i0NAOC COUNIA and is approved for this use i ALLU.dAB LL FLOOR LOAD LV 1*11V I NUP�iBLI 01 FERSDoS q P R SC11111tr FOOT l O Z i\CII I OOR I AS PER APPROVED PLANS AS PER APPROVED PLANS f� I+ - and Fe6nr�vr.y �1 DATLD THIS DAY OI 19 l 4 TIL IGl�Tk 1ti11'LI31;R 9 J- 19k 1 I� zonir r "'ws i a3UILD1.3C IVS11.'QC �a A —44 I M '1BXNC \INSILCTOR I� 1 I It L1 W IN DIREC XR 2' 'iO 1ARD 3 J01Ih50�1 1UILDING OFFICIAL 9 r �� , I SALLY L LINCK ASST BUILDING OFFICIAL ELECTRICAL IN6P Qi � BUI QBUILDING PERMIT mXG AND ZONING DEPARTMENT OF MONROE COUNTY FLORIDA DATE September 14, 197 THIS PERMIT SHALL ALLOW WORK (AS DEFINED UNDER WORK DESCRIPTION BELOW AND AS SHOWN AND SPECIFIED ON PLANS SUBMITTED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES)TO BE PERFORMED ON THE FOLLOWING PROPERTY BY THE OWNER LISTED 19 12 largo Sound LOT- BLOCK SUBDIVISION VillM-T-R Uj Island Drivo CL STREET OR ROAD OWNER Donald Chabanian I PHONE MAILING ADDRESS 966 NE 153ed Streel ,Miami b Florida 33162 CONTRACTOR owner PHONE MAILING ADDRESS Same WORK DESCRIPTION SINGLE FAMILY RESIDENCE REMARKS ESTIMATED VALUE t7f) 000 0 m Water # 28922 T 2251-79 750 gal 1.40 tirainfipld 189 00 PERMIT CARD MUST BE DISPLAYED ON STREET SIDE BUILDING FEE OF LOT IN PERMANENT, SUBSTANTIAL MANNER AND 72 00 IN A CONSPICUOUS SHELTERED LOCATION ACCESS. PLUMBING FEE IBLE TO THE INSPECTOR PERMIT MUST REMAIN DIS PLAYED UNTIL AFTER FINAL INSPECTIONS ONE COPY 144 70 OF APPROVED PLANS BEARING BUILDING DEPART ELECTRICAL FEE MENT STAMPS MUST BE KEPT ON THE JOB SITE, AVAIL ABLE TO THE INSPECTORS AT THE TIME OF ALL IN TOTAL FEE $405 70 SPECTIONS THIS PERMIT BECOMES NULL AND VOID IF WORK IS NOT COMMENCED WITHIN THIRTY (30) DAYS OF ISSUANCE OR IF WORK IS SUSPENDED FOR A PERIOD EXCEEDING NINETY (90) DAYS ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK SHALL BE COMPLIED WITH THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY LOCAL STATE OR FEDERAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION THIS PERMIT IS NON-TRANSFERABLE NON-MARKETABLE AND NON-ASSIGNABLE AND ANY ATTEMPTED TRANS FER SALE OR ASSIGNMENT OF SAID PERMIT SHALL RESULT IN THE AUTOMATIC REVOCATION OF SAID PER MIT lf-1- &&dze HOWARD JOHNSON SIGNATURE OVUW-NER CONTRACTOR OR AUTHOR BUILDING OFFICIAL IZED AGENT 9Aa'4d&' FAILURE TO COMPLY WITH THE MECHANICS BY LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING Pr=RmITC IqO IMPROVEMENTS ORIGINAL BUILDING PERMIT GREEN ASSESSORS COPY CANARY OFFICE COPY PINK INSPECTORS COPY MONROE COUNTY, Petitioner vs. Case No. CE-17-030080 JOHN BENNETT LINCOLN, Respondent. NOTICE OF APPEARANCE AS ATTORNEY YOU ARE NOTIFIED that the undersigned is appearing as attorney for Respondent, John Bennett Lincoln, and copies of pleadings, motions, and other papers should be served on the undersigned. Dated the 16th day of February, 2021. A ony elardi, sq. Florida Bar No. 113917 Patricia Gessel, Pl, 99530 Overseas Hwy., Suite 2 Key Largo, FL 33037 Telephone: (305) 453-5277 Fax: (305) 453-4985 E-mail: antl7onvf'ci?kevlarriolaw.coni& alonso.atl20,)ao1.con1 CERTIFICATE OF SERVICE I hereby certify that a copy hereof was furnished via U.S. mail to the following: Liaison for Special Magistrate 2798 Overseas Hwy., Suite 330 Marathon, FL 33050 and via e-mail to the following: Nicole Petrick, Liaison, CPM Monroe County Code Compliance Petrick-Nicole(c�monroecounty-fl.gov on this 16th day of February, 2021. Ant ny A. V rdi, Esq. Florida Bar No. 113917 Patricia Gessel, PL 99530 Overseas Hwy., Suite 2 Key Largo, FL 33037 Telephone: (305)453-5277 Fax: (305) 453-4985 E-mail: antlro«v u`:kcllrgola«_ccr�& alonso.atI2!a?aol.com e` C ---- County of Monroe Code Compliance Department ' 2798 Overseas Highway :% Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: JOHN BENNETT LINCOLN Case Number: CE170300$0 603 ISLAND DRIVE KEY LARGO,FL 33037 Location: 603 ISLAND DRIVE, KEY LARGO, FL 33037 Re Number: 00476550000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 06/01//2010 and subsequently found the following violation(s) of the Monroe County Code: 122-4.(b)(I)d - PERMIT CONDITIONS/FLOOD HAZARD AS PER LETTER SENT FROM THE SPECIAL PROJECT (FLOODPLAIN) MANAGER DATED JUNE 7, 2010, THE FOLLOWING ITEMS ARE IN VIOLATION: 1. THE ENCLOSURE IS FINISHED 2. PARTS OF THE ENCLOSED AREA IS PARTITIONED INTO SEPARATE ROOMS 3. ENCLOSED AREA IS AIR CONDITIONED 4. ENCLSOED AREA HAS BEEN CONSTRUCTED FOR HABITATIONAL USES Corrective Action Required: CONTACT THE FLOODPLAIN MANAGEMENT OFFICE FOR INFORMATION TO BRING THE ENCLOSURE INTO COMPLIANCE. IF YOU HAVE ALREADY BEEN NOTIFIED BY THE FLOOD PLAIN MANAGEMENT OFFICE OF THE CORRECTIVE ACTION REQUIRED PLEASE FOLLOW THE REQUIREMENTS AS STATED IN THE LETTER. ITEMS BEING STORED UNDER THE ELEVATED STRUCTURE NOT DEFINED AS LIMITED STORAGE MUST BE REMOVED. BUILDING PERMITS, APPROVALS, INSPECTIONS AND/OR FINAL INSPECTIONS MAY ALSO BE REQUIRED. FLOODPLAIN MANAGEMENT OFFICE (305)289-2866. .......... .................... ' LEASE TAKE NOTICE WE that a Public Hearing will be conducted by the Special Magistrate in the above case on 02/25/2021 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE HEARING, ARE REQUIRED TO ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. < You can avoid attending the hearing if all violation(s) noted above are corrected by 02/18/2021 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 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 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. You may appear and/or be represented by an attorney or authorized agent. If you are 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, or email directly to Pcl rj c k-N j co le(01 1 non roccoLl lit v-11g( , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: e, �L(Lin_,_lf you are requesting the case file in preparation for you hearing, your request should be submitted no less than ten (10) days prior to your scheduled 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. 2 NOTE: IF YOU DECIDE Tb"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: MCPIWF-RSON, C HIA Code Inspector 3IZ89.2508 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-28 10 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.: 7013 1090 0000 4227 3526 -'A0.q( Code Compliance Department 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 "711 SPECIAL MAGISTRATE HEARING-FEBRUARY 25,2021 You are unOted to a Zoom webinar, When: Feb 25, 202109:00 AM Eastern Time (US and Canada) Topic, Special Magistrate Hearing -February 25th, 2021 Please click the hnk beiow to join the webinar: Or iPhone one-tap l4aS: -+16465189805,,98505A.80902# or-i-16699006833,98505480902# Or Telephone: DW(for higher qUality, dial a number based on your current location): US; +1646 518 9805 or +1669 900 6833 Webinar 0 985 0548 0902 international numbers avadabde- ........... MONROE COUNTY f LORIDA CODE COMPLIANCE DEPARTMENT R EG ISTERED MAIL RECEIPTS Complaint Number: CE 1--)C) ' GOOD SERVICE : i NO SERVICE: ` II aw � ru Ln ru ru postage ..____w_.�- (E irff d Fee, M Postmark p Return Ptrc ipt C ep JA0, 8i.ve QE' rac¢rr1',Ctc,qua rpd" ..�.__._......,_....,...._._._. � E:3 Restricted DcWery Fee �E rir,�l¢rrse:rcrcrtt E't„��rsorc4�P) . Er { d TbtaV Postage&Fees N r John Bennett Line _.w__ .__._.....w.....__.__..__.__ i ;_.._ _.._..a. oln M 803 Island Drive. fK, ..._. r� e7 r Pox No Key Largo, FL 33037 CE17030080/NOV/CMP/SM2/25/2021 .......... I II i Iil I r " o r i, MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE17030080 Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: LINCOLN, JOHN BENNETT , described as 603 ISLAND DRIVE , KEY LARGO, FL 33037 , having the property RE#: 00476550000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 02/25/2021 THIS NOTICE WAS POSTED AT: SUBJECTf PROPERTY AS STATED ABOVE Date: 10 Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date- Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier Florida Date: Time. - ;a tu pe Sworn to and subscribed before me this day of wcP La te of d BRENEDY IGBY -_ v CDMMISSIO #GG 245771 EXPIRES:S fernber 5,2022 CERTIFICATION OF MAILIN/G'---) Bonded Thru Uotafy PuNic underwriters L Monroe County Code Cam 'ance decl e under penalty of pe that mailed a ate co of e above-mentioned Notice", is Firs, I s Mail to: LINCOLN, JO rj u t t I c HN ENNE 603 MD DRIVE , K Y LARGO, FL 33037 Sigpatur Sworn to and subscribed before me this I'day'of Notary Publi Stat6 of Florida 'p. • USETTE CLME '8'r M COMMISSION#GG 267 y EXPIRES'QdOW JB,2022 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING Case Number: CE17030080 Monroe County Code Compliance, declare under penalty of perju , that I posted the property owned by: LINCOLN, JOHN BENNETT , described as,603 ISLAND DRIVE , KEY LARGO, FL 33037 , having the property RE#: 00476550000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 02/25/2021 THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: 1 0, S' u re: Sworn to and subscribed before me this day of us My COMMISSION#GG 267847 EXPIRES:QctoW 18,2022 CERTIFICATION OF MAILING: BWorWed na Notary Puw W"*" Monroe County Code Com I ce, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice i t Class Mail to: LINCOLN, JOHN BENNETT , 603 ISLAND DRIVE , KEY LARGO, FL 33037 . 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CYNTHIA MCPHERSON 02/09/202 I Jr /i/r0/r/rl _w. O r it %/� %/ f / / p m `// v jrir !/;°iirir/i// !% % wl m ",,IW uuu Y �IIIIIIIIY IYuu J j u i I r glM r II uuu u I VI �� I 00V��'lllli � �III I�j � •' �� ........ i i � ��Y' II��IVIIVu�° IIIIIIIIII uiM IIIII I %y� I � uVlmuuuu / / /! r l / / r / /Ml Ii/ -r r -/. ✓ -r r r Fr 1 9, r!/, 9 / / / -r�, � r, r,/�, � r /l r.,,%�av/ �/ri.//%i�,/ %i:... ,./�/%/✓/�/r'J/�f �V/ � � �, lr/� �r /I r,f rl ri�� r/ �r ?r r' , l�//ii -. t 9,l %.i%r�r ,rl�,r.ria/r rr-i9F i�/I /rr 'JOr w ..�.�/,l rpir�, ,%Y/ r,>3 /i.�. �d ,! iU<�� ,.,.h14 ,`'�� ..,�>l/ar/I+ ✓ ,� ,��i�.. /.i IN , r r r// /i/ r r /i/r /✓%�,�,r ,r/f 1//rr� rr r,D,, � A,l fl/ r //r✓./ i<„ / /r/ii /rr/i�lr rr///,:/�i�i,�r,'�/�,,/�.,i�r//i%/rr�/f� f PK COURTHOUSE POSTING CE 170300SO-LINCOL'_'vi 603 ISLA`3D DR-KEY LARGO RE:00476550000000 PHOTOS TAKEN BY INSP. ANDRES D. GARCIA ON BEHALF OF SR. DIR. C"YN1'THIA MCPHER.SON 02/09/2021 ............. . #1/Ii w�; w �,� I VI gill Y Il��d rl �q �u ud9�f"'" iilmimlV' CE17030080-BENNET 603 ISLAND DR- KEY LARGO /I'%ri�% PROPERTY POSTING SR INSEPCTOR L CUTIE 2-10-21 Planning & Environmental Resources (County Network) Page 1 of 1 .. �_,l R i°�i I rti�:;:;b� l i Y k�;�`9 q c �.�� (��.� ,. .!&" "�� Net-.. v no %��F AT�y r If 0 �r. /J en t COu ty P rkers p 'Ir " nsityfi> �c ,Streets t aID 8 ASK i Curre loo I ,� r � L n ov �� itat 2009 itat r , pecie Focus rsTiero t https://inonroecounty-fl.maps.aregis.corn/apps/webappviewer/index.html?id=ecI b 1983116... 1/1.4/2021 m a / r/H r / i� //r D�, uuumli i�6f �wr ��fl r ;i�bri W� O �� O 10 of �i0i /i�/r it O p O � J �,GAD✓/��/�j/��r'� X OCL titn 1 / �r 0�✓ r�r/i /r %�/�1 r �Jl! //✓/l/0 „ , ,,,; r%%fill J %f/, / y / 6 r ///i✓i 9 J ✓ ��rw%9 O�r�7 i W � ! ✓ j�rj�, Jai / J !rJrfJ��%1�� /�r,�/✓rrrr�f�� r ff l��r i / r��%/�i � is , /i 0/�d/9%✓1 r rl ��Ol//a�/i ri/� // r/ i /ir�i/,✓/I i�`�j/�, � �d��lf/Ili/��%�%i� %�i✓,f�j�/j/!�ji��/�/��r 1 e—i I �� /�lf ✓/ ara if i itir(�J /��i/%//�ir�/�/�Dili%Ji r�/✓ji i ff ��! l P 0 !�l , r I� V F � r r r , � h} '� �. , ti x�unr�;�aavttmia,rd6il4G /� 1 r �CG S—r •� '�'('��/✓% /elf I�1 rl�if��ll jG/ s 1 \G .-a �G j �IrJiiiiyf„l fir f r4 r i,,,, //� yrr�rer /r o o o � o � 1 , q ll f' 1� ^d xri i U i Q M OEO O `C7 O 1 � JI r l J 1 I A Via; �1 r � y, �Ire, �fl�rNud //✓/�l/ r A r �r �, t/��/rii„%W/r✓�,i 9�i�� / r� /�Jsj it rl ( Ill �m V I� i it G Ir� / fal -cs , o � � M ........ _.. / i r �/ � i ��Y� u PIVVuuuu uuumluu I� y i i 0 0 � a� s~ > Q o � County of Monroe Growth Manay trtent D(vf I� ""�7 Board Of Gouty Corrinilssioners Suite 300 �i,,ry Mayor Sylvia Murphy, Dist. 5 2798 Overseas Highway .. Mayor ProTem Heather Carruthers, Dist. 3 Marathon, Florida 33050 Kim Wigington, Dist. 1 Voice: (305) 289 2518 George Neugent, Dist. 2 Fax: (305)289-2515 Mario Di Gennaro, Dist,4 R.E#: 00466550 000000 NAME: Jose & Maria De Trincheria ADDRESS: 603 Island Drive, Key Largo, FL 33037 DATE OF INSPECTION: June l, 2010 DATE: June 7, 2010 Enclosed please find two (2) Community Inspection Reports required by the National Flood Insurance Program in order for you to renew your flood insurance policy. One Inspection Report must be submitted with your check to renew your flood insurance XrolicE or submitted to liour insurance geent if your bank escrows your account. The other report is for your records. YOUR FLOOD INSURANCE WILL BE RENEWED BY RETURNING ONE OF THE ENCLOSED COMMUNITY INSPECTION REPORTS. Additionally, this letter will serve to report the findings of the community inspection that occurred on June 1, 2010 which provided you with the community inspection report for your National Flood Insurance renewal. During the inspection the following deficiencies were observed: (L The enclosure is finished: There is drywall and tile in the enclosed area below the base flood elevation. Section 122-4(b)(1)d.4, Require materials used below base flood meet the standards outlined in FEMA's Technical Bulletin 2-93 "Flood Resistant Materials Requirement". This Technical Bulletin specifies that these materials are meant to exclude the use of materials and finishes normally associated with living areas. The drywall is associated with living areas and is not flood resistant. The tile is a class 5 material. ME Solution: The large area that has the refrigerator and furniture in it was originally permitted as a garage. The walls were float finished cement. You must remove the drywall and and any other interior wall finishes at least to the base flood elevation. The base flood elevation is eleven feet above mean sea level (VE 11) and the ground slab elevation is 3.83 feet above mean sea level. This means base flood elevation is 7.17 feet above the slab. The bathroom was finished with plaster and the room the hot water heater is in was float finished cement. Drywall in both of these area must be removed a minimum of 7.17 feet above the slab. 2. Parts of the enclosed area is partitioned into separate rooms and is air conditioned The Monroe County Floodplain Management Ordinance Section 122-4(b)(1)d. 5 states the "interior portion of an enclosed area below an elevated building may not be partitioned, except that garages may be separated from storage and entryways." Section 122-4(b)(1)d.5 also states; "Enclosed areas below elevated building must be void of utilities that service the building and cannot be temperature controlled" Solution: Remove the A/C to the enclosure. Remove the partition wall including the frame stud walls from between the area that contains the hot water heater and the area that contains the sink. Remove the closet from the large room that contains the furniture and refrigerator to comply with unpartitioned limited storage per section 122-4(b)(1)d.5 and permit C 6767 which authorized the construction of the enclosure (copy enclosed). 3. The area has been constructed Lor habitational uses Section 122-4(b)(7) of the Monroe County Floodplain Management Ordinance states: "No enclosure below the base flood elevation shall be constructed or equipped for such uses as a kitchen, dining room, (ami ly Loc) r►, recreation room, office, bedroom, bathroom laudryroom or workshop." The limited storage/garage space has been constructed with a bathroom and family room. 2 Enclosed areas below elevated buildings with a floor below base flood elevation may only be approved for limited storage, parking of vehicles and entryways. Limited storage is defined as the storage of lawn mowers, rakes, wheelbarrows and similar outdoor equipment. Limited storage does not apply to household items such as furniture and appliances. SoIlLt—ion: Remove the use of the family room, household furniture and furnishings and refrigerator as well as the sink (arid all associated plumbing and piping) that is not located in the bathroom and remove the ice machine. Permi t C6767 conditioned the enclosure to a "garage" only with the exception of the convenience bath and room for a hot water heater. i The convenience bath and hot water heater room were authorized by permit C6767 and need not be removed. You may wish to consult with your insurance agent. Your flood insurance premium may be higher and there may be a cost benefit to remove the convenience bath and properly elevate the hot water heat to above base flood elevation. Please contact me within 60 days from the date of receipt of this letter. if you decide to remove the bathroom, you 11,1ust obtain a demolition permit. After the lower enclosure has been brought Into compliance, will will provide another inspection at no charge and re-issue two amended "Community Inspection Reports". Failure to comply may result in code enforcement proceedings and cancellation of your fl d oo insurance policy. please call me at (305) 289-25 18. Thank you for your cooperation. Sincerely, el Dianne Bair Cf` Special ProJects Administrator Growth M�Ijjagcment Divislorl 3 FrIlm McPherson-Cynthia From: Wingate-Mary Sent: Monday, August 3' 2O2U8:45AK4 To: McPherson-Cynthia Subject: RE: 6O3 Island Drive, Key Largo CE17030080 RE#00476550-000000 Attachments: [6767 floor p|an.pdF 503 Island Drive. Key Largo' FLppt; |traddressing vio|adons.pdf Permittedasastorageroornvvitha convenience bath, Hereis the !etteradvisingthemmf the required corrections They need aDEVIQ for FEK1Acomp|iancepermit | have extensivephutosof the endosure from the flood insurance inspecbon� /-,a"y P,p^��=} r/��- �,� 'yo7 �0,5-0�5 2(39-,e98(76 A4vore,��m�� From: McPherson-Cynthia <K8cPherson-Cynthia@MonroeCounty-FL.Gov> Sent: Saturday, August l, ZO2O3:18P&4 To: Wingate-Mary<VVingate Mary@monrnecountyf|.gov> Subject: GO3 Island Drive, Key Largo CE17O30O8ORE#OO4765S0-UOOOOO Mary, I am preparing this case for Special Magistrate hearing for habitable space in the lower enclosure that was being used as a vacation rental. I see permit#10302650 remains open with the last inspection dated 6-1-10 as incomplete. The original house permit C6767 appears to have a permitted convenience bath as part of a garage. The COis dated Z-3'81. Please confirm allowable uses for the lower ground floor area. Thanks. � CynthiaJ. McPherson, CFM Sr. Director, Code Compliance Monroe County Code Compliance 27g8 Overseas Hwy#33O Marathon, FL33O5O (305) 2892508 McPherson.- a HELP USTD HELP YOU! 1 �~ Please nute� F|orida has a very broad`_pubk records |aw/. Most written commun/cadonsto or from the County regarding County business are pubhc record, .-ivadable to the pubhc and rnedia upon request. Your emai| communication may be subjec1topuhhc CB( osure, 2 V BUILDING PERMIT BUI L ING AND ZONING DEPARTMENT OF MONROE COUNTY FLORIDA O DATE. September 14, 197 THIS PERMIT SHALL ALLOW WORK (AS DEFINED UNDER WORK DESCRIPTION BELOW AND AS SHOWN AND SPECIFIED ON PLANS SUBMITTED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES)TO BE PERFORMED ON THE FOLLOWING PROPERTY BY THE OWNER LISTED 19 12 1 argo Sound Vill LOT- BLOCK SUBDIVISION _T_R cr. LU Island Drive STREET OR ROAD OWNER Donald Chobanian I PHONE MAILING ADDRESS 966 NE 153ed Streel ,Miami, Florida 33162 CONTRACTOR owner PHONE MAILING ADDRESS Same WORK DESCRIPTION SINGLE FAMILY RESIDENCE REMARKS - ESTIMATED VALUE $70,000.00 . Water # 28922 T 2251-79 750 gal 140 drainfield 189 00 PERMIT CARD MUST BE DISPLAYED ON STREET SIDE BUILDING FEE OF LOT IN PERMANENT, SUBSTANTIAL MANNER AND IN A CONSPICUOUS SHELTERED LOCATION ACCM PLUMBING FEE 72 00 IBLE TO THE INSPECTOR PERMIT MUST REMAIN DIS PLAYED UNTIL AFTER FINAL INSPECTIONS ONE COPY 144 70 OF APPROVED PLANS /BEARING BUILDING DEPART ELECTRICAL FEE MENT STAMPS MUST BE KEPT ON THE JOB SITE,AVAIL ABLE TO THE INSPECTORS AT THE TIME OF ALL IN SPECTIONS TOTAL FEE $405 70 THIS PERMIT BECOMES NULL AND VOID IF WORK IS NOT COMMENCED WITHIN THIRTY (30) DAYS OF ISSUANCE OR IF WORK IS SUSPENDED FOR A PERIOD EXCEEDING NINETY (90) DAYS ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK SHALL BE COMPLIED WITH THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY LOCAL STATE OR FEDERAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION THIS PERMIT IS NON-TRANSFERABLE NON-MARKETABLE AND NON-ASSIGNABLE AND ANY ATTEMPTED TRANS FER SALE OR ASSIGNMENT OF SAID PERMIT SHALL RESULT IN THE AUTOMATIC REVOCATION OF SAID PER MIT SIGNATURE OEZWNER CONTRACTOR OR AUTHOR HOWARD JOHNSON IZED AGENT BUILDING OFFICIAL FAILURE TO COMPLY WITH THE MECHANICS BY LIEN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS PERMIT GIG7 ORIGINAL BUILDING PERMIT GREEN ASSESSORS COPY CANARY OFFICE CO GOLD OWNER S COPY � n e, ry p y r 4 J 44 t - , r: � v .s v ,u , y Y I f n v v k!n Q Im a a S I r� h: U � I M r � k. 77i7 � I I b ; i IJACKSON & NUNNf ? r � a� A 'R C N I T E C T S 1 < j j � � t i I } , --- n . I 1 rl z ji EH I Y r z I i 1 _. I(.- �j - S m s ; 4� EJ r _ Cy 1 so IACKSON & NUNN A R C H I T E C T S � ; -- a p� ,_ FOY. LAT "~ @S R �� .. � .fit ��+ '� Ft ag sL � $3g ga % i P l., r I $ I r 6 � f HIE TIN CR O C7 Z §� ' o 0 Z -I <Mw P p n M rn "> �q \ Pf ri /x© \ ` E \ x r rn 1 0 � \ `�! b �1 �. '' > G) : 41 a off" �< / m � 7 f1 C� 1ACRS0N & NUNN pF� -� A "W C N I T E C T S �11 ` Y I i Y I, f L 6 a f a 1 a F 3t rt_ T { I •. - r < � .-4 y y � '�ouo S ��3 � 688iF.�I rn , c � >M n � r� g A 4 r, T-p n 1 i vrn n n 1 O I a 4 1 � d � N J nt:i k r IF ZO u Y71 � 1 2 o r s 3 I W a >F I F, , 0 C , m r pz n. n ' xo� o e , s � D IKSON & N U N N - s lu A C ACA N I T E C T S 2-1, F t / 1 1 3 A a i l " , BUILDING AND Z0MIN G DEPARTMENT CERT IFICATE OF OCCUPANCY DONALO CHOBANIAN 1&MIT NO C6767 _TiLIS IS TO CERTIFY thit t , butldic 9 loc ,ted at Lai 19 Mcfz 12 La)Lgo Sound U.t,Uage _ f,or which permit hI heketofoic. aeen 19�u (I , u ucen conp,,eted according to plans and spec if1c•tt.Ions filed in the office of the ) ,, Or COW TY allILDINE IMECI'OR and that chi propo ad use of the build no to wit Sty& Fam y Re6tidC,1Ce co;npljes w1.tn III rni- builuing -mc, i 1th 11as ano ordinances of and is approved for this use ALL NABLL FLOOR LOAD �1{I`tU I NU`IBLI 01 PERSKS P R spujjr FOOT I0 A 7 Kil f OOPS AS PER APPROVED PLANS AS PER APPROVED PLANS Fe.bmumy 81 3-�d 19 � DAM TKIS _ ;Y UI" -- r 4 ryr f J TI t 1(,ATi. INUXBER 9 7- I99 7 ---- �o +a^ i AUILMOG INSr',e.QI �a II,�?�-.�, y-�./'✓-"��- � �-/�f'^'�/� `� �',1,L44t3IT�C Z7.I�`�i�Ci`Otl m 3-Z 1 i !i Ll WIh DZRCOIUR � 0 1AiI D L' J0.iNSOLi BUILDING OFFICIAL ✓✓✓ SA11Y L LINCK ASST BUILDING OFFICIAL ELEC-LtlCAL xNSP E`IOR ii( u BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MDNROE COUNTY FLORIDA, Petitioner, Case No,: �E17O2O127 -- ' — Subject Property Real Estate Number: 00476550'000000 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 nfLaw are ORDERED: resentative or)ontest the violation(s)set forth in the Notice of Viol ation/Notice of H incorporated herein as if fully set forth, / m1 The R8SpVOdeOt(s)iS/@rethe oVVme[(S)nfpp]ped lo cated TheRBspVnd8OtS is/are iOviolation of the Monroe County Code(s)as fully set forth in the Notice ofVin\aUOn/Not\cHDfHearing served upon the RespVndent(s). ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of |S ORDERED, payable within days ofthis Order. ( �1 COSTS'PuBuanthoSec8on182.U7/2\Of Florida do��tVtew� coo[einournadbytheCoon�inpmoecudngth8:2seim0ndenedh3 � 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 ("THE COMPLIANCE DATE"). ( ) 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,fiDC(s)iOthe dollar amount: 114-1.LkR1L__Compliant for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/a[ein v|0|@iiOn istsR) hereby ORDERED. ( �� |tiafudher ordered,that the CVun|�ioheR)byauthOhZ8dhu make BU b|8repairs indudiDgd8mo|idVOwhich are required ` ~ ' compliance and charge the Res oOdeOKS\w\thih8CO5tof[epai0inCUrredbyiheCOVOty.1he costs of prosecution incurred by the County and any fines Ordered in this matter. ( l The Respondent(s)wgreiDVio|BdVDOftheKAONROECOUNTY as fully set forth in the Notice of Violation/Notice of Hearing filed in`this ` case and did not come into compliance onVr before THE COMPLIANCE DATE but are now|Ocompliance. The Res ldent � shallpaythetot8|8mOUOtnfcnut@Dd/nrMn \iD Monroe �County Code Compliance within thirty(3O)days Vf this Order. In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue 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 330, Marathon, FL 33050. IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING (;ODET-0-M!5[iTkgC�E��(*5)A�U-y8O-67-CiR7-HTU—PPER-K9 DIDDLE y=3o5 289.2 V10_FOR THE— KEYS;(305)292-4495 FOR,THE LOWER KEYS. DATED this day of 20-!7. an L ngha 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 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 16211, 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 ORDER, CERTIFICATE OF ORDER I ereby certify that this is I a true and correct copy of the above Order, Nicole M. Petrick, Liaison CASE NUMBER: CE17020127 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office- SEAN LINCOLN & MELISSA LINCOLN R/S 603 ISLAND DRIVE KEY LARGO, FL 33037 Location of subject property: 603 ISLAND DRIVE KEY LARGO, FL 33037 Real Estate Number: 00476550-000000 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 /.first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced a66-v6—and/or-'Authorized Representative on this day of 20[7 Nicole M. Aet rCi c'k, Liaison Page 2 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ( Petitioner, VS. SEAN LINCOLN&MELISSA LINCOLN R!S i Case No.: CE17070074 Respondent(s). Subject Property Real Estate Number: 00476550-000000 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. The Res ent(s) and/or Authorized Re��presentative _w._...__.,_ . ..._. ._.___.. .._____.._.______.. __ _____._._.___......__.._...._ were/ ere no went and did i rioT antest the violation(s)set forth in the Notice of Violation lNatice of Hearing which is incorporate erein as if fully setort . (V') The Respondent(s)is/are the owner(s)of property located within Monroe County and waslwere 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,Pursuant payable Section 162.in days of this Order. ( r ) 07(2)of Florida Statutes ail costs incurred by the County in prosecuting the case is ordered to 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)(s)shall comply with the Code(s)referred to in the CO Notice of Violation/Notice of Hearing an or before MPLIANCE DATE"). ( / ) In the event the violation(s)were or are not corrected on the compliance date previously ordered or an the compliance date set forth herein,fine(s)in the dollar amount: 134-1.(k)(1) �- 50,0 c6 r 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 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. i ) 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. O Other ,... __ _. ._._._ .._.. °. .... . � 7... a : _ Page I „ Y , f � ............ In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator.The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and mailto: Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy,, Suite 330, Marathon, FL 33050. IT IS THE RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION,TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT (305)453-8806 FOR THE UPPER KEYS; f 305) 289-2810 FOR THE MIDDLE KEYS;(305)292-49:�:-�FR THE�IOW R KEYS. E d -- DATED this day of 20_ . ,) Jo n G, LCanin ecial 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 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 ORDER CERTIFICATE OF ORDER I here/erkify that is is a true and correct copy of the above Order. Nicole M. Petrick, Liaison CASE NUMBER: CE17070074 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: SEAN LINCOLN & MELISSA LINCOLN RIS C/O JOHN LINCOLN 603 ISLAND DR KEY LARGO FL 33037 Location of subject property: 603 ISLAND DRIVE KEY LARGO, FL 33037 Real Estate Number: 00476550-000000 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 first cla§s.U.S-mallo Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced abo-v-e 20 2 - nd/or Authorized Repre ntative on this day of Nicole e M. etrick, Liaison Page 2 10/20/22,2:04 PM qPublic.net-Monroe County, FL-Report:00476550-000000 q P u ho 1"I c.n e- Monroe County, FL Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of al I property 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 applicable in prior or subsequent years.By requesting such data,you hereby understand g and agree that the data is intended for ad valorem 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 004 7 6 5 50-000000 Account# 1583651 Property I D 1583651 MillageGroup 500K Location 603 ISLAND or,KEY LARGO Address Legal BK 12 LT 19 LARGO SOUND VILLAGE PB4-92 KEY LARGO Description OR431-850/51 OR1015-1197 OR1070-125/26PR OR1710- 2215/16 OR1958-729 OR2363-981/82 OR2506-1848/49 OR3041-2001 (Note:Not to be used on fcgal documents-) Neighborhood 1826 Property SINGLE FAMILY RESID(0100) Class Subdivision LARGO SOUND VILLAGE Sec/Twp/Rng11/61/39 . .. ..... 4 Affordable No 4 Housing w� Y-1, ,27' Owner LINCOLN JOHN BENNETT 603 Island Dr Key Largo FL 33037 Valuation 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values • Market Improvement Value $322.590 $242,793 $248.412 $261,151 • Market Misc Value $70,591 $45,093 $43,409 $43,725 • Market Land Value $1,013,574 $660,811 $635,968 $614,852 = Just Market Value $1,406,755 $948,697 $927,789 $919,728 = Total Assessed Value $977,157 $948,697 $927,789 $919,728 School Exempt Value ($25,000) ($25,000) $0 $0 School Taxable Value $952,157 $923,697 $927,789 $919,728 Land Land Use Number of Units Unit Type Frontage Depth RES WATERFRONT(010W) 9,937.00 Square Foot 0 0 Buildings Building ID 26347 Exterior Walls C.B.S. Style STILT 1 STORY Year Built 1980 Building Type &F.R.-R1/R1 EffectiveYearBuilt 2010 Gross Scl Ft 3987 Foundation CONCPILINGS Finished Sq Ft 1393 Roof Type IRR/CUSTOM Stories 2 Floor Roof Coverage CONC/CLAY TILE Condition AVERAGE Flooring Type CERM/CLAYTILE Perimeter 158 Heating Type FCD/AIR DUCTED Functional Ohs 0 Bedrooms 3 Economic Obs 0 Full Bathrooms 3 Depreciation% 13 Half Bathrooms 0 Interior Walls DRYWALL Grade 550 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CpX CARPORT LATTIC 544 0 106 OPX EXC OPEN PORCH 410 0 102 SEX EXEC SC PORCH 436 0 118 FLA FLOOR LIV AREA 1,393 1,393 158 LLF LOW LEVFIN 652 0 110 OUF OP PRCH FIN UL 400 0 228 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page]D=7635&Q=2038153953&KeyValue=0047655. 1/4 ------------- 10/20/22,2:04 PM qPublic.net-Monroe County, FL-Report: 00476550-000000 SBF UTIL FIN BLK 152 0 54 TOTAL 3,987 1,393 876 Yard Items Description Year Built Roll Year Quantity Units Grade CONC DAVITS 1979 1980 1 1 UT 1 RW2 1979 1980 1 42 SF 2 WROUGHTIRON 2000 2004 1 175 5F 4 CH LI NK FENCE 2003 2004 1 440 SF 1 BRICK PATIO 2003 2004 1 784 SF I BRICK PATIO 2000 2005 1 650 SF 1 BOAT LIFT 2004 2005 1 1 UT 2 SEAWALL 1979 1980 1 345 SF I CONCRETE DOCK 1979 1980 1 690 SF 4 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 8/18/2020 $100 Quit Claim Deed 2280108 3041 2001 30-Unqualified Improved 2/22/2011 $800,000 Warranty Deed 2506 1848 02-Qualified Improved 4/29/2008 $1,100,000 Warranty Deed 2363 981 Q-Qualified Improved 11/18/2003 $995,000 Warranty Deed 1958 0729 Q-Qualified Improved 2/1/1969 $9,000 Conversion Code 431 850 Q-Qualified Vacant Permits Number Date Issued 0 Date completed Amount 0 Permit Type C Notes 18301098 5/24/2018 6/6/2018 $7,000 Residential REPLACE 3-TON AIR HANDLER&CONDENSING UNIT 13302533 7/29/2013 1/6/2014 $1 Residential 7 WOOD PILINGS 04305120 11/9/2004 1/1/2005 $1 Residential REPLACE A/C 04303502 7/27/2004 1/1/2005 $1 Residential REPLACE RAILING 04301899 5/19/2004 11/18/2004 $1 Residential REROOF-TILE 4300165 1/26/2004 1/1/2005 $1 Residential CHAIN LINK FENCE 03305263 12/19/2003 1/1/2004 $1 Residential PAVER DRIVEWAY View Tax Info Vipv,Taxes ftir this Parcel Sketches(click to enlarge) https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page[D=7635&Q=2038153953&KeyValue=0047655... 2/4 10/20/22,2:04 PM gPublic.net-Monroe County, FL-Report:00476550-000000 ,49 20 :"`21 26 6 P 93)(13 16 o LLF (54411) 32 ( 2) 8 2 2 FLA C7UF (17 SBF (152 6 3 UUF (223) Photos , https://gpublic.schneidercorp.com/Application.aspx?Appi D=605&Layer)D=9946&PageTypel D=4&Pagel D=7635&0=2038153953&KeyValue=0047655... 3/4 10/20/22,2:04 PM gPublic.net-Monroe County,FL-Report: 00476550-000000 Map 20 19 Y i d E, A �f" TRIM Notice E::=-= 2022 Notices Only Schneider GEOSPa'ATIAL, ,I.�'r' I ,'.`✓�r f Pr I,, API„i _ Clhfcr Id ' i Z r 2022 https://qpu bl ic.schneidercorp.com/Appl i cation.aspx?AppI D=605&Layerl D=9946&PageTypeI D=4&Pagel D=7635&Q=2038153953&KeyVaIue=0047655... 4/4 T , aHwi ZUZZ tteai tstate MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 15$3651 I 500K 1583651 LINCOLN JOHN BENNETT 00476550000000116139 603 Island Dr 603 ISLAND Dr Key Largo, FL 33037-4808 BK 12 LT 19 LARGO SOUND VILLAGE P84-92 KEY LARGO OR431-850/51 OR1015-1197 OR1070-125/26PR OR1710-2215/ AD VALOREM TAXES ®� • 1111=744 • > • SCHOOL STATE LAW 305-293-1400 1.2640 977,157 25,000 952,157 1,203,53 SCHOOL LOCAL BOARD 305-293-1400 1.6980 977,157 25,000 952,157 1,616.76 GENERAL FUND 305-292-4473 0.7138 977,157 50,000 927,157 661.80 F&F LAW ENFORCE JAIL 305-292-7017 1.7663 977,157 50,000 927,157 1,637.64 HEALTH CLINIC 305-296-4886 0.0417 977,157 50,000 927,157 38.66 m GENERAL PURPOSE 305-292-4473 0.1626 977,157 50,000 927,157 150.76 v MOSQUITO CONTROL 305-292-7190 0.4565 977,157 50,000 927,157 423.25 i M C LOCAL ROAD PATROL 305-292-7017 0.3201 977,157 50,000 927,157 296.78 M v) SFWM DIST 800-432-2045 0.0948 977,157 50,000 927,157 87.89 rrnn > p OKEECHOBEE BASIN 800-432-2045 0,1026 977,157 50,000 927,157 95.13 % - EVERGLADES CONST PRJT 800-432-2045 0.0327 977,157 50,000 927,157 30.32 z z K L FIRE RESC&EMERG MEDICAL 305-451-5517 1.0000 977,157 50,000 927,157 927.16 p ,rc„ 0 M O O "' C mM � C"1 L____ M 1''1"1,11110 - 0 TOTAL MILLAGE 7.6531 AD VALOREM TAXES $7,169.68 NON-AD VALOREMMENTS •' ASSESS • • MO CO SOLID WASTE 305-295-4323 446.00 a a o� NON-AD VALOREM ASSESSMENTS $446.00 See reverse side for COMBINED TAXES AND ASSESSMENTS $7,615.6$ mportant information. If Postmarked By Nov 30,2022 Dec 31,2022 Jan 31,2023 Feb 2$,2023 Mar 31,2023 Please PaY 7 311 05 7 387 21 7 463.37 7 539.52 7,615.68 IF PAID BY ` SAM C. STEELE, C.F.C. 2022 Real Estate MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 15$3651 500K 1583651 00476550000000116139 LINCOLN JOHN BENNETT 603 ISLAND Dr 603 Island Dr Key Largo, FL 33037-4808 BK 12 LT 19 LARGO SOUND VILLAGE PB4-92 KEY LARGO OR431-850/51 OR1015-1197 OR1070-125/26PR OR1710-2215/ CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO SAM C.STEELE,C.F.C.TAX COLLECTOR•P.O.BOX 1129,KEY WEST FL 33041-1129 If Postmarked By Nov 30, 2022 Dec 31, 2022 Jan 31, 2023 Feb 28, 2023 Mar 31, 2023 Please Pay 7,311.05 7,387.21 7,463.37 7,539.52 7,615.68 1 01583651 2022 5 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