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Item P2 P.2 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.2 Agenda Item Summary #11405 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 KRZYSZTOF DUSZKA and HALINA DUSZKA and their property, 28214 Helen Ave., Little Torch Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE19080135. ITEM BACKGROUND: CE19080135: This property has been the subject of a code compliance case for unsafe/structural deterioration. The fines total $87,900.00 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 27, 2020 and the property owner was present. The Special Magistrate found the property in violation and ordered a compliance date of May 27, 2020. The County's lien was recorded on June 5, 2020. A subsequent hearing was held on January 27, 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$208,978. The property is not homesteaded and there are no pending foreclosure actions at this time. There is no mortgage currently 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, 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. 1887 P.2 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 CE19080135 Duszka 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 11/04/2022 10:59 AM Packet Pg. 1888 P.2 Kelly Dugan Completed 11/16/2022 5:18 PM Bob Shillinger Completed 11/16/2022 5:27 PM Lindsey Ballard Completed 11/17/2022 9:17 AM Board of County Commissioners Pending 12/07/2022 9:00 AM Packet Pg. 1889 11/4/22,9:21 AM MCeSearch Mill Summary k Parcel ID 00223370000000 Gotta Hook Up Chaaers / Address 28214 HELEN AVE N4,aryclni (Moody, x' nn Ilu1 lu nduit Iratal_, � �--� lair Err�ni ily ul�.,l¢i r_a City/State/Zip LITTLE TORCH KEY FL, 33042 Units 2 Go,gk Map data 92022 Google Report a map error Owner DUSZKA KRZYSZTOF& CILk,k...h.ai,-.a to be taken to the GIS Web Application to view HALINA additional information on this property. NOTE:The GIS Web Application is a separate application from MCeSearch.Any questions regarding the Web Map Application or its content should be directed to the GII.Gr, I.;e Ipartir.rt n:t. Permits Code Cases Number Type Issued Case Number Type Status Status Date Board 111 G17G8 ADDITION-RESIDENTIAL CF19080135 WALK IN LIEN CREATED 06-05-2020 SM 2,1.1-0002 i3., PLUMBING-SEWER TIE-IN(ONE SFR) 01-21-2021 C.F..06.920196 CDF CLOSED CASE 09-11-2007 SM 2.0102S91.'Y( REMODEL/REPAIR RES EXTANT C;E0608031.0 CDF CLOSED CASE 09-11-2007 SM )1.01.(iF.'.., REMODEL/REPAIR RES EXT/INT Your privacy is important to us,for more information see our privacy policy.The services,information,and data made available at this website are provided"AS IS"without warranties of any kind.Monroe County and its authorized agents and contractors make no representations or warranties regarding the condition or functionality of this web site,its suitability for use,or that this web service will be uninterrupted or error-free. https://mcesearch.monroecounty-fl.gov/property145123 1/1 f ' I I te BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) vs. ) Case No.: CE19080135 ) ZYSZTOF DUSZKA& HA:LINA DUSZKA, ) ) 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 311t day of ;Ian 2„at the Marathon Government Center, Marathon, Florida. John an anin Special CERTIFICATE OF ORDER I her„ y certify that his is a true and correct copy of the above Order. 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 U.S. mail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office and/or Authorized Representative, N/A ,this I" day of February ,2022. Nicole M. Petrick, Liaison MONROE COUNTY CODE COMPLIA,..-;E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE19080135 Property Location: 28214 HELEN AVE., LITTLE TORCH KEY, FL 33042 Parcel ID: 00223370000000 KRZYSZTOF DUSZKA & HALINA DUSZKA P.O. BOX 430128 BIG PINE KEY, FL 33043 BRIEF FOR KRZYSZTOF DUSZKA & HALINA DUSZKA— CE19080135 MOTION FOR COLLECTIONS 1/27/2022 hftps://mcesearch.monroecounty-fl.-qov/code/CE1 9080135 1 to iv, t(^ Monica Rodriguez t Research Analyst - Monroe County 0 jai) Subject Property - 28214 HELEN AVE., LITTLE TORCH KEY, FL Violation(s): 0 6-27.(b)(2)b — Unsafe/Structural Deterioration (Permit #20102592 applied for and failed flood plain review on 10/7/2020; Permit #21102768 applied for and failed planning review on 9/14/2021; Permit #20101468 applied for and failed planning review on 7/7/2020 - Not Compliant) * Property is NOT in compliance Lien was recorded in the Official Records of Monroe County on June 5, 2020, Book 3025, Page 1811 and remains unpaid. 0 Lien $61,448.50 as of January 25, 2022 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on December 10, 2021 to address on PRC. Return receipt was returned, signed on 12/27/2021. *PO in communication with Sr. Director, CJM, 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 'i,—E CODE COMPLIANCE SPECIAL.......AGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, VS. CASE NO.: CE19080135 KRZYSZTOF DUSZKA & HALINA DUSZKA, 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 June 5, 2020, Book 3025, Page 1811 on the property that was the subject of the code compliance action described as:28214 HELEN AVE.LITTLE TORCH KEY, FLORIDA 33042 , MONROE COUNTY, RE# 00223370000000, and upon any and all other real and/or personal property you own. The cut-rent outstanding amount of the County's lien as of December 3,2021 is$56,072.20 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 27,2022 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. Paunece Scull Assistant County Attorney Fla. Bar No. 729477 Scull-Llaunece( i),,MontoeC0L19jy-FL.G0V 1111 12"' Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this 10 day of DI(enibet -, 2021 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. -10 19 07y 0 0000 If q'71 j 15 1 to PO BOX 430128 BIG PINE KEY,FL 33043 and via e-mail to LEE R. ROHE,ESQ. (sIrIaw(q_)beIlsouth,net). 'Code Coitance Department ADA ASSISTANCE: If you are a person with a disability who needs ecial accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-444 1,between the hours of 8:30 a.m.-5:00 p.m.,no later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call "711 11. County of Monroe The Florida Keys Code Compliance Department Board of County Commissioners 2798 Overseas I ighway Mayor David Rice,District 4 Marathon,Florida 33050 �, r Mayor I'ro Tenn Craig Cates,District I Voice:(305)289-2810 Michelle Coldiron,District 2 FAX: (305)289-2858 Eddie Martinez,District 3 1Iol'ly Merrill Raschein,District 5 KRZYSZTOF DUSZKA& HALINA DUSZKA P.O. BOX 430128 BIG PINE KEY,FL 33043 December 3, 2021 Subject: Code Case: CE19080135 Location: 28214 HELEN AVE, LITTLE TORCH 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 January 27,2022 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 oil 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 Rodtguez Code Compliance Research Analyst 305-289-2586 i g&jguez-fPcoil qAz nac� rc>ecc7a�rtty 37.: c v Special Magistrate Hearing - January 27, 2022 You are invited to a Zoom webinar. When: Jan 27, 2022 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - January 27, 2022 Please click the link below to join the webinar: https://mcbo cc.zoom.us�852�585�650�4l� Or Phone one-tap : US: +16465189805,,85258565041# or +16699006833,185258565041# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1646 518 9805 or +1669 900 6833 Webinar ID: 852 5856 5041 International numbers available: https://mcbocc.zoom.us/uZkdMWGLXAGV MONROE COUNTY CODE COMPLY-, -;E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE19080135 Property Location: 28214 HELEN AVE., LITTLE TORCH KEY, FL 33042 Parcel ID: 00223370000000 KRZYSZTOF DUSZKA & HALINA DUSZKA P.O. BOX 430128 BIG PINE KEY, FL 33043-0128 Rodriguez-Monica From: Rodriguez-Monica Sent: Friday, December 10, 2021 3:42 PM To: 'slrlaw@bellsouth.net' Subject: Case no. CE19080135 Attachments: CE1 9080135.PDF; SM ZOOM WEBINAR 01-27-22.pdf Good afternoon Mr. Rohe, Attached please find a courtesy copy of the Notice of Motion to Authorize Foreclosure and/or Money Judgment Proceedings and Notice of Hearing, currently scheduled for January 27, 2022. Please let me know if you should have any questions or concerns. Thank you Movi�co Rodr�.quez 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 Lod nguez-mor'Cica @ monroecounty-f Lgov 11A 10"IA'.-� "q sk-illl-Gd.5,11161'" -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. MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS TRACKING Case Number: 6 ! O Cb135 CERT #: -7oti o3t4o m000 4q '71 315 GOOD SERVICE: NO SERVICE: co ZZ, 7v= ■ ■ ■ o 2.z°, t ° moo ° o Z q to a tom. a =rCD rl �o m co tJ CD m .a c, w tv c[ 70 �«cOs m� y2 %.) O(.n m to W I — iN� =r QL Er z M n � � 1� N co 2 fi C> —f%_ to Q a O Extra Services&Fees(diec.k box add fee as aF",pevugralato) p ^*,,,� S O 3 CD [ Ratum HocMpt(a art ie) S,... _ f(S�tp�LtYPc u co C -, c ortifleda€kcmrcrtc*qd rretewa .... ......................_ M [ AiiuBt nsvm N u6r d E _.. . _...._. . eci�� Cc7 CD CD ada�ore S�p An a r z aerec a uv y ..._,,,,..— ,. 5 l �® 0 ro Pcr toq ..........___. .._ .__.�_ m W ..._ _ ..___ _.._.__._____________ww_____w_ N En DD ❑D "4. cc $ g4 (/ �p( /� -n o,"gym yt r"i SOrTt > ..__. " �I"9 u R t TT t17 6 C Qra m mm t a (D =�' m U5 r __.__ e'rook and Ap N o� o �,r1'0 � V ___Cmin, pi, 370 T l' m r wm$ CT DD N DDD c4 mCD�rta m ryamm� �'� _ ' i Igg CTAAa y 1 0 jig 0 o cp a_, g m — County of Monroe Growth Management Division Code Compliance Department Board of County Commissioners 2798 Overseas Highway Mayor Heather Carruthers, Dist.3 Marathon Florida 33050 Mayor Fro Tern Michelle Coldiron, Dist.2 Voice: (305)289-2810 Craig Cates, Dist, I FAX: (305)289-2858 David Rice, Dist.4 Sylvia J. Murphy,Dist. 5 KRZYSZTOF DUSZKA HALINA DUSZKA P.O. BOX 430128 BIG PINE KEY, FL 33043 November 4, 2020 Subject: Code Case: CE19080135 Location: 28214 Helen Avenue, Little Torch Key, FL Dear Property Owner(s), Monroe County, Florida has imposed a lien against your property as a result of the above referenced code compliance action. This lien on the property resulted from the code compliance action and may be imposed upon all other real and/or personal property you own. Additionally, our records indicate that the violations remain 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 160 days for a current total of$16,000.00. 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 will be included in the lien as authorized under F. S.162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. The Code Compliance department will continue to monitor this property. Failure to bring your property into compliance in a timely fashion (as established in the compliance action or by the Court) will result in the County seeking litigation to foreclose the existing lien. Respectfully yours, Monica Rodriguez Code Compliance Research Analyst (305) 289-2586 rQdEi ez n"lotllccl@�>I11C;7nrocc ll�I F-fl.gov lX County of' Nlonroe The Florida Keys r��r Code Compliance Department � k .01 Board of County Conumssioners 2798Ocer is 1lihway: � "Mayor ilcatthcG C rnuthci5 District 3 �1�trtathor, Florida 3)5(} i'q ti1t gut 1'n)T(mm Nlichellc�C olciiron, Pistrict 2 Va)icct (305 2�9-2810 ` ('rain Cates,District l ' f 1 AX (;05)289-285s Da\ict Mice. District 1 Sylsta J. tiliirph�. Dktrict 5 KRZYS'TFOF DUSZKA & IIAI,INA ICUSZKA PO BOX 430I28 BIG I'INE KEY, FL 33043-0128 June 11, 2020 Suh1 ect. C"ode C ase��E 190801 35 Property Location. _14 HEL. N AVE', LLT"L'LE�_'FORCH KL,Y, FL_ 33042 Real L".statc No,: 00223370000000 Dear Property OvAner(s). This letter is to infcn-rrr YOU that our records indicate that the viola�ltiort(s) rerrtain on your property and the f�it�e.s wilf continue to run in the amount of S 100.00 per day until the property comes into coillphance. Additionally, a lien against your property was recorded in the Official Records of Monroe C'Ounty on 06/05/20, Book 3O25, Page 1811. '],he current amount of the C:'01,111ty's lien is � 1,946.70 (fines and costs) which continue to accrue Mid increase: rtntil the case: is ctnnl.7liau7t artd closed. T'Ilis hen is a fic:n on the. property that was the subject of the code enforcetrtent action and upon any, and all other teal and/or personal property you own. You can resolvc this matter by btin�priy4 the property into compliance and remitting; payment in full to: Munroe (-"aunty Code Compliance. Department; Attention: Nicole Petrick; 2798 Overseas 1-11glmfay, Suite 330, Marathon, Florida 33050. The. C'ounty will then provide a Release and Satisfaction of L,icn to you. If you have acluc�ed compliance., please cont4Iet your Code. Inspector at the appropriate. location. Middle Keys: 2798 Overseas Llit.�hway, Suite 330, Marathon, FL 33050 (305) 289-2810 upper Keys: 102050 Merseas Highway. Key Largo. FL, 33037 (305) 453-8806 Respectfully yours, Nicole M. Petrick, Liais011 For questions rc—arcing this letter, please contact your Inspector, Diane Link 305-453-8737 � ml, Dt,m .W BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA Drw#2268512 Bk#302.5 Pg#1811 MONROE COUNTY FLORIDA, Recorded 6,5 202°4:41 PM ['age I oft Petitioner, Filed and Recorded in Official records of VS. MONROE COUNTY KEN IN MADOK,CPA KRZYSZTOF DUSZKA& HALINA DUSZKA Case No.: CE19080135 Respondent(s). Subject Property Real Estate Number: 00223370-000000 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 Respondent(s) and/or Ose zed Representative Jaszket er /were not present andid not contest the violation(s) t forth in the Notice of Violation/Notice of Hearing which is i orporated herein as if fullorth. ( ) 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 days of this Order. ( ) COSTS- Pursuant to Section 162.07(2) of Florida Statutes all 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 RespondentO shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before tu 0- a27/sUmnO ("THE COMPLIANCE DATE"). ( ) In the event the violati n(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: 6-27.(b)(2)b $ m to 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. ( ) 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 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 CODE COMPLIANCE 11.8806 FOR THE UPPER KEY.%;430.5) 289.2810 FOR THE MIDDLE KEYS; (305)295.4343 FOR THE LOWER KEYS. DATED this--Q 774 day of et'dVI—e , 20 A& 1J <7.4�G. V—aningham, Special Magistrate APPEAL PROCEDURES Respondent(s)shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by 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 hereby certify that this is a true and correct copy of the above Order, Nicole Petrick, Liaison CASE NUMBER: CE19080135 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: KRZYSZTOF DUSZKA& HALINA DUSZKA PO BOX 430128 BIG PINE KEY, FL 33043-0128 Location of subject property: 28214 HELEN AVE LITTLE TORCH KEY, FL 33042 Real Estate Number: 00223370-000000 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 ith the Monroe County Property Appraiser's Office as referenced a6EW6� an-d76JF—AuF'o*rized Representative 117, on this A7M day of Nicole Petrick, Liaison Page 2 County of Monroe Code Compliance Department r 2798 Overseas Highway Marathon, Florida 33050 .....--.......... NOTICE OF VIOLATION/NOTICE OF HEARING To: DUSZKA & HALINA KRZYSZTOF Case Number: CE1.9080135 P 0 BOX 430128 BIG PINE KEY FL 33043-0128 Location: 28214 HELEN AVE , LITTL.E TORCH KEY, FL 33042 Re Number: 00223370000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 08/23/2019 and subsequently fOUnd the following violation(s) of the Monroe County Code: 6-27.(b)(2)b - UNSAFE/STRUCTURAL DETERIORATION THE BUILDING OFFICIAL IIAS DEEMED THIS PROPERTY UNSAFE DUE TO DETERIORATION OF THE STRUCTURE OR STRUCTURAL PARTS. Corrective Action Required: CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A PERMIT TO DEMOLISH THE OFFENDING STRUCTURE/STRUCTURAL PARTS OR OBTAIN A PERMIT TO BRING THE STRUCTURE/ STRUCTURAL PARTS UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC HEALTH SAFETY AND WELFARE. X ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 02/27/2020 at 9:00AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ( ) You can avoid attending the hearing if all violation(s) noted above are corrected by --- 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. 1 X ) 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 Lip 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. Ifthe 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 in person 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, prior to the date ofthe 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 ol'your hearing. If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made., which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. 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 e appropriate I n: 1—�o ZcT 7= DIANE LINK Sr. Code Inspector 2 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.: 7016 0910 0001 4842 2106 Cod Cornplian,e )epartment, 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) 292-444 1, between the hours of 8:30 a.m. - 5:00 p.m., no later than live (5) calendar days prior to the scheduled ineeting-, if you are hearing or voice impaired, call 711 ....................... MONROE (,,01,,JNT'Y FLORIDA (,,',0DE 'ENF0R-C'YNlENT DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Numbeirr: CF,, ( �090 131�� ------ w o lrj n 0- 95 :1 a— =1 1,::l > co ti 01 1 0 Cl (D rl 70. > no — ru L >1 C3oa ru ......... --—-------- ............... cr N to ..................... CL Cei!Vkd MaH Fici L, L- v$ 0 @ c') co > cn A Z Reton Reael(t(hardcopy) (3:3 0 71............... rq CA) Return Recelp�(elactfonl�) -g7 < Q ru ED b 0 CD El Cedified Mail RestriMed UoHva�V AdijM.,'rcpaturo R'quhd 'e, , (D 0 72. (D ru "Ti lResticted Dl,,HveV .. ........ M Pos@age ro (D r-q ul Ir SD $ Ir -tiii $ "§ iT—Orc;............... r-1 DUSZKA &HALANA KRZYSZTOF 0>.0>� �(n' po x cr) C3 P 0 BOX 430128 BIG PINE KEY I'L 33043-0128 ------ (D C'-D 0-0- c, ID @ra 0 CD 0 8 M CL 'ID IL ;� tb < a R O (D CL _CD cr 000 J.- 0 4f &0 D D .0 0.- R:F:9 �n Z 2> 0 0 m < ............ ------ CONNECTExplorerTM Page 1 of 1 CONNECTE PLOR R' /.�v;, 7 i /NI 'Yi w, >�� fj�ri' ��/r��/ /4��i i I r iV 31 if Y ✓ / � � ✓�J 1 wp r r� "r✓ r i' � wd JWI "rW! � s , r 'E� rol1/�)! ,""d"r ��✓ >lar�r+lro�+�ii ,�¢ "� 'rJr ,/ y,. b 4, a, f ! N "9p�J m. ��a ; l f� �� v7! �Ifi✓W map.Auto(Ortha) Nov 2017-Mar 20'18 images 1 of 7 11129t2017 Off httl)s://explorer.pictometry.com/index.php 12/17/2019 �"�"'' .,nay �? tt�1 tY r ,,,,i I,,.' 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Sent: Friday, February 14, 2020 8:19 AM To: Link-Diane Subject: FW: CE19080135, 28214 Helen, Duszka - More Pics Attachments: IMG_1985.JPG; IMG_1984.JPG; IMG_1983.JPG; IMG_1982.JPG; IMG_1981.JPG It doesn't look like he has repaired anything. Still goes to hearing. From:Yzenas-Michelle<Yzenas-Michelle@MonroeCounty-FL.Gov> Sent: Friday, February 14, 2020 8:03 AM To: Griffin-Rick<G riff in-Rick@ Mon roeCounty-FL.Gov>; Link-Diane <Link-Diane@MonroeCounty-FL.Gov> Subject: CE19080135, 28214 Helen, Duszka - More Pics Michelle Yzenos L:xecutive Assistant Monroe County Building Deportinent 2798 Overseas Highway, Suite 300 Marathon, FL 33050 .305..289-2 5.56 w r y r , t ( fj- �r ��1� /� f i,,,i,„ a ✓/ am h,777 f i 4, . 2/13/20-CE19080135—Duszka 28214 Helen Ave Little Torc ey Photos by Bldg. Inspector Steve Britske 5 r g /✓ �+�� a' 9 h r v, wo �i �'- /G/�i p ��, r & rpf$Y yr '1r/ � ,�; / . t"I AP17 ur<r 0 4w Ng F IT Of .r r f + e a i r l 'P� I i 4 � 2/13/20-CE19080135—Duszka 28214 Helen Ave Little Torch Key Photos by Bldg. Inspector Steve Britske fn, f/ 4' II , J rirrdi v U 1 e� ills/ i� r f i p .............. r 2/13/20-CE19080135—Duszka 28214 Helen Ave Little Torch Key Photos by Bldg. Inspector Steve Britske I f � i �/;✓ /� Ir s � rtr r � � w . ' , ► l � '� ' Off � W w w 6 f F 1 uu q" r5r �yy u A yC Ir i r I �N a a l�r �r n, t 2/13/20-CE19080135—Duszka 28214 Helen Ave Little Torch Key Photos by Bldg. Inspector Steve Britske m a r r,F �s I rr�j a« i / r k f 2/13/20-CE19080135—Duszka 28214 Helen Ave Little Torch Ke � Photos by Bldg. Inspector Steve Britske County of Monroe Planning& Environmental Resources Board of C'onnty Commissioners Department 2798 Overseas I Iigimay. Suite 400 � Ma or PiEr"rem 51 h is.1. Muir .hy. District 5 �� y., Marathon. I1 33050 D army L. Kolhagc District Voice: (305)289-2500 4 t i� l 0/1 (icorge Neugeaat District 2 FAX: (305)289 253(i d w ' { Ileather Carruthers.I:)istrict 3 ewe«,q E.aw We strive to be earing,'prglessional, and fcrii% .January 10, 201 H DUSL,KA KRLYSZTOF AND FIALINA PO BOX 430128 BIG PINT; KEY, F:L,33043 Property location: 28214 HELEN AVE. L ITTI F, 'PORCH KEY Property real estate parcel number: 00223370-000000 Dear Property Owner: On September 10, Hurricane Irma dammed your Structure located in a Special Flood I lazard Area (SF FIA) flood zone. When a property within a flood zone is dammed by any Source, Monroe County is required to perform damage estimat n in C �untyioCc7dc)accordance he initial estimaiionoof} County l dplain t� n nent thedarnage ic7ycaur su ture ',t�ciintxnce (Chapter 122 of tl�c Monroe resulted in a determination that it sustained substantial damage. This estimate means that the cost to repair the damage is 50 percent: or more of the fair market value. (2017 tax assessed value plus 20 percent). Substantially damaged structures are required to be brought into full compliance with floodplain regulations found in the Monroe County Floodplain Ordinance and the Florida Building Code. Residential structures must be elevated to or above the base flood elevation. Non-Residential structures must be floodproofed or elevated to or above base flood elevation. Ifyou disagree with this determination, you may submit the hollowing additional information: 1. Cost estimate for the repair of all damages sustained to your structure prepared and signed by a licensed general contractor. Your contractor will be required to sign an affidavit indicating the cost estimate submitted includes all damages to your structure. Please note: any additional renovations or improvements that are to be made to the structure while repair work is underway must be included in the contractor's estimate. 2. Uniform appraisal of the market value of your structure before the damage occurred. If the damage was caused by flooding and if you have a flood insurance policy from the National Flood Insurance 1'rograrn., you should contact yaur adjuster to discuss the Increased Cost of Compliance (1CC") coveraig�e. ]his coverage may provide a claim payment to help pay for work required to bring your horne into compliance. Your adjuster can explain that the ICC' claim may also be used to pay certain costs associated \%ith dernolishing and rebuilding your looms,, or rnovino your home to a site outside of the iloodplain Please be advised that all repairs, reconstruction, and ne�v construction are subject the Monroe Cotmty Regulations and the Florida Building Code and regUire a permit. Construction activities conducted without a proper permit may be considered non-compliant and may result in daily fines and/or the removal of the non-compliant construction. Prior to beginning repairs, improvements, or reconstruction, contact the Monroe County Building Department for a permit to bring your structure into compliance the current floodplain regulations and/or Florida Building Code requirements. Monroe County participates in the National Flood 111SU once Program. Failing to enforce floodplain requirements can PLO. the County in jeopardy of losing flood ilISUrance, disaster assistance and Federal backed loans and grants for our citizens. ]'hank you in advance for yO Ur cooperation and assistance at a difficult time. QUeStreport. please determination Monroe egUest al;loodpla the detailed substantial determination inspection a p> f p in Program (305) 407-6585 or via e-mail at Floodlnformation(ii>Moiiroe(:'ounty-f`l.gov. Sincerely, ( Rick.Griffin Senior Director/BUilding Official faori 1,e11r. C F M Floodplain Program County of Monroe Planning,& Environmental Resources Board of County Commissioners 1')coartrnent la M vor Da%id Rice, District 4 2798 Overseas l lighaeay,Suite 4011 ? J% Mavor Pro"fern SN k is J. Murphy. District 5 Marathon, 1 I, .3305O U ��// 1� Danny 1,. Kolhagc District 1 Voice: (305)28) 2500 George Neugent. District 2 FAX: (305)289-2536 Ilerather Carruthers.District 3 lVe strive to be caring,jrrofc sional, and iir•. Dt.7SI,KA KR%YSTI'OF AND }IAI_,INA April 9, 2018 130 BOX 430128 BIG PINT: KEN. F1.,33043 Property location: 28214 I-IFITEN AVE, LITT'I E TORCH KFIN Property real estate parcel number: 00223370-000000 Dear Properly Owner: On September 10, Hurricane Irma damaged your structure located in a Special Flood hazard Area (SFFIA) flood cone. When a property within a flood cone is damaged by any source, Monroe County is required to perforni s 1i accordan the ce with frt piNag en )rdinance (ChapterftheMonrocCauntyCdeTl initial eStiatonofthe dan�agetoy> trticturesulted in a determination that it sustained substantial damage.. This estimate means that the cost to repair the damage is 50 percent or snore of the fair market value (2017 tax assessed vtrlue plus 20 percent). Substantially damaged structures are required to be brought into full compliance with floodplain regulations found in the Monroe County Floodplain Ordinance and the Florida Building Code. Residential structures must be elevated to or above the design flood elevation. Non-Residential structures must be floodproofed or elevated to or above design flood elevation. 1f you disagree with this determination, you may subrnit the following additional information: 69. Cost estimate for the repair of all damages Sustained to your structure prepared and signed by a licensed general contractor. Your contractor will be required to sign an affidavit indicating the cost estirate submitted includes all damages to your structure. Please note: any additional renovations or irnprovernents that are to be made to the structure while repair work is underway must be included in the contractor's estimate. 70. Uniform appraisal of the market value of your structure before the damage occurred. 11` the damage was caused by flooding and if you have a flood insurance policy frorn the National I,'lood Irlsnrance Program. you should contact your adjuster to disCLrSS the Increased Cost of Cvrrmplirrrtce (IC'C) coverage. "]'his coverape rnay provide a clairn payment to help pay for work required to bring your home into compliance. Your adjuster can explain that the IC'C clairn ina), also be used to pay, certain costs associated with demolishing and rebuilding your]ionic, or moving your home to a site outside of the floodplain. Please be advised that all repairs, reconstruction, and new Construction are subject the Monroe County Regulations and the Florida Building Code and require a permit. Construction activities conducted without a proper permit may be considered non-compliant and may result in claily fines and/or the removal of the non- compliant COnStrrrction. Prior to beginning repairs. improvements, or reconstruction, contact the Monroe County Building Department for a permit to bring your structure into compliance the Current floodplain regulations and/or Florida Building Code recluirements. on Monroe County participates in the National Flood Insurance Program. Failing to enforce floodplain requirements can put the County in jeopardy of losing flood insurance, disaster assistance and Federal backed loans and grants for our citizens. Thank you in advance for your cooperation and assistance at a difficult time. If you have questions regarding this determination, please contact Lori Lehr, Monroe County Floodplain Program(305)407-6585 or via e-mail at FloodInforinatiori@MonroeCounty-f7.gov. Sincerely, Rick Griffin Senior Director Building Official Lor Lehr. CFM Floodplain Program �w U A r � ry r.„ 4 e? y � it m'r OPA i � a t • Mill, l/iiiulgV�l i ��I�'1 a� ;lj Unsafe Uninhabitable f Eton-hornesteaded StructUre - Building Checklist Form _ Report M z Z 0 � � Cu fD M 0 �, � n "0 :, e v �- o ro o r M U cr 0 1 Accessory b@dgs Entry awning carport -- -- pooE MRsce(Banetrrrs a g!arirrey _• _. ....._. _......_._.__rv,_._ __ _..._ ._,...... ,... b frames c sills oft .._...__..._..._..._. . 13 Ext appendagtw t4 Chiirnney 15 t3teaans 16 CeRlongjaists 17 rafters __......_.,_..___.,__...._.._. _....__.,__.,._. ._..._..... �......__,_.__ .__._...___... _.._. 18 Sheathing 19 Roofing 20 Overhang 21. Gutters 22 Exterior siding .._ 23 Means of egress 24 Doors exterior a siH __.. _.. b frame c doors _ 25 Hardware exterior 26 Exterior staPrs _ a.treads/riser b hand/guard rains am dw 27 Porches a roof b floor c joists 28 Septic a cower .—._..._._�. b waste Rine _ c plumbing 29 Electrical 0n Off Removed ri u , P1/ONROE COUNTY l� Building Department 2708 Overseas Highway Marathon, FL 33050 u0cling/Permitting/Inspe^ction Division Unsafe Uninhabitable f Non-hornesteaded Structure. Building Checklist Form Report Address: Date: � r-I �,, z C 0 cu rD VV V ro �a �c ° 0 cro 0CL M ( Cr "TRUC'TURAL 1 Esx Tor darxrage _�_ _._ _......, _.,...ww_........._. ..w_,_._. ._ ...._._. ._._ 2 Crawl Spac;o°, Footings b piers 4 Piers — __.... 6 Foundation wafts i3front ........_...._... __...,._.............._.. __... left c (ogt72 CU. rear ______...,...„ _. ...W......._......_....__._.,.. _ T fcloor joists-1st �.. a sub-flooring plywood sheathing 3 Girders 9 E:xterior wags d rear ?tJ..tinker ar_._.vVaHs Ceilings Roors Unsafe Uninhabitable/ Non-homesteaded StruCtUre Building Checklist Form Report 6 27(b) r(a) FIRE HA2AR€/I Azn AT ( )6-27 (b) 2(h)NO PE RN` I-I/EXPIRED PERIVIF1 i ( 6.27(b) 1 (b) EGRESS/FIRE PROTECTION ( )6 27(b) 2(i)VACANT/ABAND AND/OR COVERED ( )6 27(b) 2 (a) FALLING AWAY/APAR'r/(.,DOSE ( )6 27(b) 2(i )ELEEGAL OR IMPROPER USE 1 ( 6 27(b) 2(b) DUTEMORAI ION OF SrRUCVURE:: ( )6 27(b) 2(j)'i CHANGE IN USE. NO PE:RMLFS i ( )6 27 (b)2.(c) PARTBALLY DE::S'rROYED ( )6 27(b) 2(1)ii CHANGE: IN OCCUPANCY CLASS E LDG/STRUCTURE ( )t 2"!(t) (c�)SAGCathdCx/C:�9„AT C7B` PLUMBING ( )6-27(b)2 (j)ii'I MMNTANENCFE CONDII]ONS OF OCCUPANCY REQUIREMENTS ( )6 27(b)2 (e) EcLEC`IRiC/PLUMBING/ME.CHANICAE. ( )6 27(c) 2 POOLS/SPAS/STAGNAN-T WATER ( )6 27 (b)2(f) UNSANITARY/NO FACIL.ITE.S/WASTE DISPOSAL. 6 27(b) 2 (g) NO PO'rABLE WATER/ELEC SERVICE COMMENTS: rz.A ( L'toov&_ PAM 04 F, 4AWI,nw, _401 _. MY- few_ SIGNATURE: DATE: a County of Monroe Building Department -= 2798 Overseas Highway �fq�6�,� 5 �'a Board of County Commissioners Suite 4300 / se230 Mayor Sylvia J. Murphy,District 5 f'Marathon, FL 33050 Mayor Pro Tern Danny Koihage,District 1 J � 7 305-289-2501—Office Michelle Coldiron,District 2 305-289-2515—Fax „� Heather Carruthers, District 3 f David Rice,District 4 We strive to be caring,professiot:al, and fair. To: Krzysztof& Halina Duszka P.O. Box 430128 Big Pine Key, FL 33043 Property: 28214 Helen Ave. Little Torch Key, FL From: Rick Griffin, Building Official Date: August 26, 2019 RE: Code Case CE19080135 Property Owner: You are in violation of Monroe County Code Section 6-27 (b) 2 (b) Deterioration of Structure. PURSUANT TO MONROE COUNTY SECTION 6-27 YOU ARE HEREBY ORDERED TO COMPLY WITH THIS DIRECTIVE Be advised that the Building Official is authorized to prosecute any violation of this order by requesting that legal counsel of the jurisdiction, or the Office of the State's Attorney, institute the appropriate proceeding at law. To resolve this Code Violation you must obtain the necessary permits to cover the required work to correct the violation. If alteration of the existing building layout increasing or decreasing the floor area, structural repairs or alterations, installation of new windows or doors, new electrical, plumbing or mechanical is planned, a design professional must furnish the building department with plans for examination of the alterations. Please contact Rey Ortiz, Assistant Building Official within 30 days at 305-453-8814 from the date of this letter for permitting information and procedures. Failure to comply with this directive will begin Code Enforcement action which may include legal hearing up to and including county demolition of your structure with a lien placed on the property. Rick Griffin Monroe County Building Official ; 10120122,2:03 PM qPublic.net-Monroe County, FL-Report:00223370-000000 fl q 10 1 Pullic.net"' 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 all 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 requestingsuch data,you ereby understand 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 00223370-000000 Account# 1290572 Property I D 1290572 MillageGroup 100H Location 28214 HELEN Ave,LITTLE TORCH Address KEY Legal BK 4 LT 7 THE LADIES ACRE IST Description ADDN LITTLE TORCH KEY P135-102 OR604-43 OR788-583 OR827-1408 OR827-1409 OR832-1158 OR910- 1391 OR 1041-1920 OR1041-620 OR1041-1923 OR1088-91 OR1322- 396 OR1444-1826 ORI 528-1608 OR1548-1521 OR 1648-1544 Not to x,lased on legl� ----------- docurncw,.) Neighborhood 677 Property MOBILE HOME SUB(0200) Class Subdivision LADIES ACRES IST AMD,THE Sec/Twp/Rng 21/66/29 Affordable No Housing Owner Q LJ ILZ KA K RZY SLI CL� DUSZKA HALINA PO Box 430128 PO Box 430128' Big Pine Key FL 33043 Big Pine Key FL 33043 Valuation 2022 Certified Values 2021 Certified Values 2020 Certified Values 2019 Certified Values + Market Improvement Value $30,726 $28,510 $28,510 $28,510 + Market Misc Value $4,252 $4,368 $4,484 $4,599 + Market Land Value $174,000 $108,000 $102,000 $82,500 Just Market Value $208,978 $140,878 $134,994 $115,609 Total Assessed Value $153,876 $139,887 $127,170 $115,609 School Exempt Value $0 $0 $0 $0 School Taxable Value $208,978 $140,878 $134,994 $115,609 Land Land Use Number of Units Unit Type Frontage Depth MOB HOME DRY(020D) 6,000.00 Square Foot 60 100 Buildings BuildinglD 14096 Exterior Walls METAL/ALUM Style MANUFACTURED HOME Year Built 1971 Building Type S.F.R.-MI/M1 EffectiveYearBuilt 1989 Gross Sq Ft 1008 Foundation CONC BLOCK Finished Sci Ft 1006 Roof Type FLAT OR SHED Stories I Floor Roof Coverage METAL Condition GOOD Flooring Type TERRAZZO Perimeter 162 Heating Type NONEwithO%NONE Functional Obs 0 Bedrooms 2 Economic Ohs 0 Full Bathrooms 1 Depreciation% 61.2 Half Bathrooms 0 Interior Walls MASONRY/MIN Grade 350 Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter FLA FLOOR LIV AREA 1,008 1,008 0 TOTAL 1,008 1,008 0 https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=267914421&KeyValue=00223370-.. 1/3 10/20/22,2:03 PM qPublic.net-Monroe County, FL-Report:00223370-000000 Yard Items Description Year Built Roll Year Quantity Units Grade WALLAIRCOND 1994 1995 1 1UT I ELEV TR COLUMN 1997 1998 1 20 UT 2 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved 8/9/2000 $94,000 Warranty Deed 1648 1544 Q-Qualified Improved 9/1/1994 $55,000 Warranty Deed 1322 0396 Q-Qualified Improved 1/1/1989 $35,000 Warranty Deed 1088 91 Q-Qualified Improved 5/1/1984 $32,000 Warranty Deed 910 1391 Q-Qualified Improved 5/1/1981 $10,000 Warranty Deed 832 1158 Q-Qualified Vacant 1211/1980 $4,000 Warranty Deed 827 1409 Q-Qualified Vacant View Tax Info �L,,,-Tarry%for th[,Fla, 0 Sketches(click to enlarge) '12 FLA (1003) '2 FLA]'j'o") 29 10 59 30 22 Photos https://qpubi ic.sch nei dercorp.com/Appl ication.aspx?Appi D=605&Layerl D=9946&PageTypel D=4&Pagel D=7635&Q=267914421&KeyValue=00223370-... 2/3 10/20/22, 2:03 PM gPublic.net-Monroe County,FL-Report:00223370-000000 m t i Map o�rym�a 4 IRS � 1 � 'IrG III III i6 TRIM Notice E:�� 2022 Notices Only No data available for the following modules:Permits. Schneider GeosPAT�AL t 1,i 1i ,, 2�3_.. d 2 i l.,'u,< https://gpublic.schneidereorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Page[D=7635&Q=267914421&KeyValue=00223370-... 3/3 =Le, U.r.u. ZUZZ meal tstate MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM A55ESSMENTS ..r. r .e r •rr• + 1290572 100H 1290572 DUSZKA KRZYSZTOF 00223370000000216629 DUSZKA HALINA 28214 HELEN Ave PO Box 430128 Big Pine Key, FL 33043-0128 BK 4 LT 7 THE LADIES ACRE 1ST ADDN LITTLE TORCH KEY PB5-102 OR604-43 OR788-583 OR827-1408 OR827-1409 AD VALOREM TAXES •' r SCHOOL STATE LAW 305-293-1400 1.2640 208,978 0 208,978 264A5 SCHOOL LOCAL BOARD 305-293-1400 1.6980 208,978 0 208,978 354.84 GENERAL FUND 305-292-4473 0.7138 153,876 0 153,876 109,84 F&F LAW ENFORCE JAIL 305-292-7017 1.7663 153,876 0 153,876 271.79 HEALTH CLINIC 305-296-4886 0.0417 153,876 0 153,876 6.42 x GENERAL PURPOSE 305-292-4473 0.1626 153,876 0 153,876 25.02 n MOSQUITO CONTROL 305-292-7190 0.4565 153,876 0 153,876 70.24 z M C LOCAL ROAD PATROL 305-292-7017 0.3201 153,876 0 153,876 49.26 M LA SFWM DIST 800-432-2045 0.0948 153,876 0 153,876 14.59 < p OKEECHOBEE BASIN 800-432-2045 OA026 153,876 0 153,876 15.79 x- z LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 1.8330 153,876 0 153,876 282.05 z z ZO EVERGLADES CONST PRJT 800-432-2045 0.0327 153,876 0 153,876 5.03 c MO0 m c] v M n I - 0 TOTAL. MILEAGE 8. AD VALOREM TAXES 4861 $1,469.02 — - NON-AD VALOREM ASSESSMENTS ---- ----- •• q MO CO SOLID WASTE 305-295-4323 446.00 - — MO CO WW: CUDJOE OUTER ISLANDS 305-289-6051 R1 Ia 310.29 i NON AD VALOREM ASSESSMENTS $756.29 COMBINED TAXES AND ASSESSMENTS See reverse side for $2,225.31 mportant information. If Postmarked By Nov 30,2022 Dec 31,2p22 Jan 31,2p23 Feb 28,2p23 Mar 31,2p23 Please Pay 2,136.30 2,158.55 2 18p.80 2 203 p6 2 225 31 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 ..r. r . •® r Lillrr r 1290572 100H 1290572 00223370000000216629 DUSZKA KRZYSZTOF 28214HELEN Ave DUSZKA HALINA r PO Box 430128 BK 4 LT 7 THE LADIES ACRE 1 ST ADDN LITTLE Big Pine Key, FL 33043-0128 TORCH KEY PB5-102 OR604-43 OR788-583 OR827-1408 OR827-1409 7 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 2,136.30 2,158.55 2,180.80 2,203.06 2,225.31 1 01290572 2022 3 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