Item O08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 19, 2007 Division: County Attorney
Bulk Item: Yes XX No _ Department: County Attorney
Staff Contact Person: Pedro J. Mercado
AGENDA ITEM WORDING:
Approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida
v. E & OL Land Development Corporation; Case No. CEB U4-94-1359
ITEM BACKGROUND:
In 1994, E & OL Land Development was cited for violation of then section 8-30 for maintaining debris
and noxious material on their property. The case was heard on April 27, 1994 wherein the Special
Master found the property in violation and fines in the amount of $30.00 per day were set to run
beginning on September 22, 1994. Unfortunately, due to the age of the case, the County is almost
devoid of any records in this case other than the original order imposing the lien and a Satisfaction of
Judgment from a DEP companion case. The DEP Satisfaction of Judgment indicates the Judgment was
satisfied as of February 2, 2000. Applying the February 2, 2000 date as the date the property was
brought into compliance in the code enforcement matter as well, the fines total $47,820. Again, due to
the age of the case and the lack of records, the violator is being given the benefit of the doubt and for
purposes of settlement it is being assumed that the violator diligently worked towards compliance.
Based on the above, staff recommends settling the matter for $4,782.00.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
The Honorable Larry J. Sartin, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
VS.
CASE NO.: CEB U4-94-1359
E & O L LAND DEVELOPMENT CORPORATION,
Respondent
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County,
and E & OL Land Development Corporation, Respondent, hereby agree to
settle the code enforcement lien imposed in the above -referenced case by the
Special Magistrate against property owned by the Respondent(s) as follows:
The parties agree to settle the code enforcement lien for
$4,782.00.
2. The property in question has a legal description of LOTS 1-8,
BLOCK 4, HIBISCUS PARK, KEY LARGO, MONROE
COUNTY, FLORIDA (RE#Q0508090-000000 & 00508150-
000000)
3. Upon approval of this agreement by the Board of County
Commissioners, the Respondent(s) shall remit a check in the
amount of $4,782.00 made payable to the Board of County
Commissioners.
4. Once the aforementioned check has cleared, the County will
issue to the Respondent(s) a release and satisfaction of said lien
for filing by the Respondent(s) in the Official Records of (�
Monroe County.
The County will file a copy of the release and satisfaction in the
official Code Enforcement file.
6. By entering into this agreement, each party agrees to waive any
and all claims that it could have raised and/or potential claims
that it might have been able to raise as a result of the above -
captioned code enforcement case.
7. Both parties warrant that they have had an opportunity to
consult with counsel before entering into this agreement.
Each party agrees to bear its own costs and attorney's fees other
than as specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK:
By:
Deputy Clerk
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Mario DiGennaro, Mayor
NOTARY PUBIC -STATE OF :E OPJDA Dated
*Shawn M. Burchfield ► aOy�
Commission # DD464983
Expires: ALG. 2.3, 2009
Bonded'I'hiu Atlantic Bcr.:iing Co., inc.
Enos (Yli '1P1 iI side-nt , Respondent
Print name and title
� —1 A r Q � By:
l�lota ublic Signature, Respondent (date)
This dAPedroJ.
a7pre ared and app ed as to form by:
Mercado,, sq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. BOX 1026
Key West, FL 33041-1026
(305) 292-3470
RECEIVED
Code Enforcement Department
Office of the Liaison
2798 Overseas Hwy.
Marathon, FL 33050
Phone:305-289-2509
Fax:305-298-2858
MEMORANDUM
TO: Pedro Mercado, Assistant County Attorney
FROM: Karen Bass, Liaison
SEP 1 .i 2007
MONROE COUNTY ATTORNEY
Board of County Commissioners
Mayor Mario Di Gennaro, Dist. 4
Mayor Pro Tern Dixie Spehar, Dist. 1
George Neugent, Dist. 2
Charles "Sonny" McCoy, Dist. 3
Sylvia J. Murphy, Dist. 5
RE: Lien information on case #U4-94-1359 E & O L Land Development Corp.
DATE: 09/12/07
Pedro, I am enclosing with this memo, information from DEP and our department ref. the above listed case.
Brian Corcoran inspected this property on Thursday, September 6`h 2007 and found no violations.
According to the documents I am enclosing from the Department of Environmental Protection, it appears
that they also had violations on this property at the same time as we did, for the same reasons. In reviewing
documents, I have found that DEP (see highlighted statement on 6`h page of the enclosures) acknowledged
payment and satisfaction of their judgment as of February 2ad 2000.
The Code Enforcement lien began running as of September 22nd 1995 in the amount of $30.00 (thirty
dollars) per day. In applying the date DEP shows satisfaction of their judgment, which is February 2nd 2000,
I am showing 1594 days that the case was not in compliance.
Therefore 1594 days at $30.00 per day comes to the total amount of $47,820.00 in fines which are due at this
time.
Please contact Shawn Burchfield at Coastal Title (305)852-1477, to resolve this lien. Mr. Mitchell is
attempting to sell the property I believe and this is holding the process.
Than
.you.
kv
nen
On Thursday, September 6`h 2007, 1, Brian Corcoran, Inspector for Monroe County Code
Enforcement, inspected the property located at: LTS 1-8, BK 4, HIBISCUS PARK, KEY
LARGO, MONROE COUNTY, FLORIDA (RE400508090-000000 & 00508150-
000000), and found no violations existed with regard to case #U4-94-1359.
Brian Corcoran, Inspector
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day before, me, an officer duly qualified to
take acknowledgments, personally appeared Brian Corcoran, personally known to me,
who executed the foregoing and acknowledged before me that he executed the same.
W TNESS my hand and official seal in the County and State last afore said on
this V day of September, 2007.
3"j�� 1� - vu&��
Notary Public
64Grace K
My� p,,WM144®b
1',V) Expires oclober 20� 2000
Sep 14 07 01:23p Coastal Title 305 852 8447 p.l
ANA
V11 0111111� to, 71 C0&tdVd& clof ip� tsvv* Zito.
6
FAX TRANSMITTAL SHEET
Date: September 14, 2007
To: Karen Bass,
Monroe County Code Enforcement
289-2858 (Fax)
Re: E & 0 L Land Development Corp.
Case No. CEB U4.94.1359
Lots 1-16 and Lots 18-21, Block 1 and
Lots 1-7, Block 4, Hibiscus Park, PB 3/166
Page: 5 (including cover)
Dear Ms. Bass:
Mr. Enos Mitchell came to my office today and brought documents that he believed are related to
the above case. He asked that I forward them to you for your review.
Have a great weekend! If you should have any questions, please do not hesitate to call me.
Sincerely,
Shawn'M. Burch 1
Enclosures
88101 Overseas Highway • Islamorada, Florida 33036 • frost Office Box 2095 ^ Key Largo, Florida 33037
(30s) R5?-1477 •, Fax 1Rn51 R59-R447s am ail•mnrlanaennstniti%3inn enm
Sep iz u-i iu:32a Coastal Title 305 852 8447 p,l
L=AX TRANSMITTAL. SHEET
Date: September 12, 2007
To: Karen Bass,
Monroe County Code Enforcement
289-285B (Fax)
Re: E & 0 L Land Development Corp.
case No. CEB U4-94.1359
Lots 1-16 and Lots 18-21, Block 1 and
Lots 1-7, Block 4, Hibiscus Park, PB 31166
Page: 4 (including cover)
Dear Ms. Bass:
pursuant to your request, enclosed please find a copy of the satisfaction of judgment in referenced
the above properties.
If you should have any questions, please do not hesitate to call me.
Sincerely,
C��
Shawn M. Burchfield
Enclosures
88101 Overseas Highway • Islamorada, Florida 33036 • Post Office Box 2095 . Key Largo, Florida 33037
/1nC1 oco anA7. emnil•mnrfanO.cna5taltltlelnc.com
Sep le 07 10:3Pa Coastal Title
305 852 8447 p,2
August 30, 2007
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Shawn Burchfield
Coastal Title
88101 Overseas Highway
lslalnorada Florida 33036
RE: DER vs. Enos Mitchell, et al.
OGC# 94-3275
Circuit Case # 95-20147 CA
Satisfaction of Judgment
Dear Shawn,
Charlie Crist
Goy=ernnr
t c.ft'. C011(amp
Lt. Governor
Ivtichael W. Sole-
Secretar\
Enclosed please find the original of the executed Satisfaction of Judgment for the above
referenced matter.
Sincerely, l �,
Laurie Roughton
Research Assistant
OGC Enforcement
850-245-2268 (telephone)
enclosure
"'Wore Projection, Less PrOcCSS "
Coastal Title
305 852 8447 P.5
MONROE COUNTY LAND AUTHORITY
1200 TItuMAN AVENUE, SuiTs 207 • KEY WE5T, FLORIDA 33040
PxoNE (305) 295-5180 • FAX (305) 295-5181
MEMORANDUM RECEIVED
O JUN 2 5 2004
TO; Mayor Murray Nelson MAYOR
FROM: Mark Rosch, Executive Director
Monroe County Land Authority
DATE: June 24, 2004
SUBJECT: BOCC Property Near Hibiscus Park
Per your request, I have researched the two parcels near Hibiscus Park.
RE #87180 — The County's GIS mapping indicates about half of this parcel is vegetated with
tropical hardwood hammock. The zoning is Suburban Residential (SR). The parcel size is less
than 2 acres, so it is too small to build a single-family home as of right.
RE #87310 — This parcel is within the County's Conservation and Natural Area (CNA). The
County's GIS mapping indicates the parcel is mostly tropical hardwood hammock. The zoning
is Suburban Commercial (SC). The parcel size is about 1.7 acres and would have a buildable
area in the range of 0.3 to 1.0 acre, depending on the quality of the hammock. This buildable
area would probably be sufficient to accommodate a commercial development if an NROGO
allocation were obtained.
I would recommend that the BOCC retain ownership of both parcels due to -....the presence of
tropical hardwood hammock.
Please contact me should you have any questions regarding this memo
Sep 14 07 01:23p
Coastal Title
305 852 8447
p.2
�lh 4RDT`UIOi"
fib Bush
Governor
Department of
Environmental Protection
South District Marathon Branch
2796 Overseas Highway Suite 221
Marathon, FL 33050
305-289-2310
September 27, 2000
Enos Mitchell
PO Box 286
Key Largo FL 33037
RE: Monroe County - SW
OGC# 95-20147-CA-i 8
Enos Mitchell, Hibiscus Park
Florida Keys EMA
Dear Mr. Mitchell,
David B. Srrvhs
Secrerary
This letter will confirm our August 29, 2000 meeting and site inspection regarding the
above referenced Consent Final Judgment (CFJ). The Department proposes to close this
case. Based on that inspection, the requirements of Department's January 31, 2000 letter
to remove additional solid waste have been completed. A copy of that letter is attached
for your records.
If you have any questions regarding this information, please feel free to call me at
305-289-2310. Thank you for your cooperation in this matter.
JE/EOR
cc: File
David Hutchinson, Esq.
Phil Barbaccia, YTM
Sincerely,
U11701i 0
Edward O. Russell, Jr.
Environmental Specialist
"More Protection, Less Process"
Moved - r vded Doper.
Sep 14 07 01:24p Coastal Title
305 852 B447 p.3
MONROE COUNTY
tiuILDPER
ING
MIT
(COMPLETE PERMIT ON FILE AT LOCAL BUILDING OFFICE)
PERMIT 0 3 3 0 4 9 2 3 ZONING NA' FLOOD
NUMBER DISTRICT ZONE
E & 0 L LAND DEVELOPMEN 0
OWNER DATE % 0 4 f 0 3
ARBORTECH TREE AND LANDSCAPE
CONTRACTOR
PURPOSJAND CLEARING
BK4 LT 7 £.IBI BCUS PARK
BLK LT SUBD
HIBISCUS FARK a LT7
WARNING TO OWNER. YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT INYOUR PAYING TWICE FORYOUR
IMPROVEMENTS TO YOUR PROPERTY.. IF YOU INTEND TO OBTAIN
FINANCING, C.ONSULTWITHYOUR LENDER OR AN ATTORNEY BE.
FORE RECORDING YOUR NOTICE OF COMMENCEMENT.
FINAL ��F�INAQLID)
FINALSEE REAR OFOR POSTING PERMIT
Sep 14 07 01:24p Coastal Title 305 852 8447 p.4
Permit #:,03304923 11/04/2003
Permit Type: BIOLOGICAL - MISCELLANEOUS
Address: BX 4 LT' 7 HIBISCUS PARK PB3-166. KEY LARG
Owner: E 0 L LAND DEVELOPMENT CORP
HIBISCUS PARK LT7
LAND CLEARING
NOTICE OF COMMENCEMENT NOT REQUIRED
PERMIT APPROVAL FOR LANDCLEARING ACCORDING TO
BIOLOGIST APPROVAL AS PER MONROE COUNTY CODE.,
SPECIFIC BIOLOGICAL CONDITIONS AS FOLLOWS:
1. MAY REMOVE PINE, HOLLY,.LEADTREE, SEA
HIBISCUS AND CASTOR BEAN..
2. No NATIVE VEGETATION MAY BE CUT.
NO OTHER WORK THIS PERMIT.
REQUIRED INSPECTIONS PER PERMIT CARD,
DEEMED NON -DEVELOPMENT. DCA EXEMPT.
SUBCONTRACTORS
ID BUSINESS NAME STATE/COUNTY CERT #
NO SUBCONTRACTORS ASSIGNED
PLAN REVIEWS COMPLETED
MAR-BLDG NO NOTES FOR THIS.REVIEW
P.K.-BLDG NO NOTES FOR THIS REVIEW
S.I.-BLDG, NO NOTES FOR THIS REVIEW
ABO 11/04/2003 NO NOTES FOR THIS REVIEW'"
B10 11/04/2003 reisingn P I. MAY REMOVE PINE, HOLLY, LEADTREE, S I EA
HIBISCUS AND CASTOR BEAN.
2. NO NATIVE VEGETATION MAY BE CUT,
INSPECTIONS REQUIRED
J;L999 - REFER TO PERMIT CARD-R5jaINSP
"ug --I ut U-f:eip Loastai litip 305 852 6447 P.2
b-7e
--------------------
A"
m
ik
',OFMONRO`9 COUNTY, FLORIDA
A ifv"
01 COUNTY, FLORIDA
CASE NO. CEEB 11494-1359n
& 0 L LAND DRIVELOPNIM CORPORATION C3
So
an
%o
THIS CAUSE 1wv4 come on for publk bcoft before The BoW On Apt 27th,
IM, dW do oDft to the Pz*mdcu*), at wbkb time do Boats beard md=AY
under cad4 rwdW aMmm. and bpW di* 016= Gudft the PAIP00-t(s) Im
%jo%don of MOOM COnM Code SecUou(s): &30(#)(e). pmulm to be cleaned of
debris and noxim matcrWl-
Said Order required the Respondents) w cmm the vioUd*$) by Och)W M
1994, and hrdw, that ftgum w =tect the violatica(i) by ft cMlkm date may
result in a r= of $30.00 CMIRTY DOLLARS), pet day" imposed for each day
ftmlker dot thm b wwmpli&=. Subsequent orders extended the compliance
date to September 21st. 1995. At The mwft of the Special Master bcId an September
27di. 1995, hopW= Llwk testified that the vl0tdlOtlW had net yet b"O cOnteled'
ACCORDINGLY, dw SPMW Muter flOft that the vlOktlOn(a) bad sot been
conuw' a Previously ordered. It k berekr
ORDERED ftl IM ReVondeM(s) PAY to MOOFOC CMIY, Fbrf&, & floe in
ft amour of moo cnm= DOLLARS), per day, bq&r"S September 22nd.
1"s, and for cKh and cvM day ftecafter Oat dw vlobtlon(s) exilt(l) and/Of
cO%w*Qioexist,
THIS ORDER SHALL CONSMUTE A LIEN AGAwr THE LAND ON
WHICH THE VIOLATION(S) EMST(S) AND UPON ANY OTHER RE" OR
PERSONAL PROPERTY OWNED By THEVIOLATOR(S).
TIM VIOLATION(S) E=(S) ON TILE FOLLOWING DESCRIBED
PROPERTYr
69-v-q5 a- ollm 0
3D-1044�1 8 oqo
nU6 — — u- ;: fv LOascal 1 YLle 'JUJ LinC U-pff J F..7
7 —
f ,M
S:a a Uk MONAOS COUNP:.
�r "Lam i : e. s1 octaoso�osa�aoo�o�� � so�000000a' '
FLORTIDA
,. putmndt to
5ectioa Iti1.09, Florida Statutes. god say be reoomea with the faerk of tte
a.
Coucta for Moaroe C-Ay. is
>
h; That upon eompiylag, & Res�nderrt(:) shed aotlfy dra tbde lasPeaor this
case vPoo sbgli teinspeCt ptopem rod nod1 SPA bfgsrer of coarpliaace.
DOPER AND OBDEl= this 2M day of September. 199s, gt me Monroe
Coumy covernmeat:�ikld Canter. Maruhoa. Florida.
r
SY RanUpb . Sadder. ' 4ulm
"� Code Ratnrrrmeat Specttd Master
STATE OF FI.OmDA
COUNTY OF MONROR
18&Rm C ERTWV dwt on this day, before mo.
io the Stgte aforesaid gad is tbo ComKy aformid, to take actmow m-"'
persomlly �ered RANDOLPH SADT[ ER. PMO-tiY Yaown to me, who a
IMW
At, fomgo ft"acknowledged before me that be axcm ted � Sao ' Mg aforcttld lbis
WITNESS aty bend gad offkw agl is the Camly
dgy of Odoba.1995.
f� �'� t 7!(7rARY PYatIG of itOlgaA
Notary FOB(!
I HEREBY CIMTWy that a MM gad eo"W copy of the abovo and fbmgolag
Order Imposing PeoaltynAn has been fo"bod bYU.S.. M1111. to Ow 33113T oa Rc n day of
C10 ran mkcbeil. SB Hlbwm [sae. Key Lug U.
October, 1995-
i hereby ardfy this documenta - to be •-6cor /1
Cr
and correct copy of the odginai.
Retm Br+oolu Ygudx.
Code Frrforeemeot Llglaoa � tetxa.+sf love O
Hale, Btookg Yan I in MIN" vI ^a""
gecWinp SocrW to th ode t~xontaoa
Entoreement BoardISPeelalltaeter o"llcuee+•a..�
Hug 2*7 07 04:27p Coastal Title 305 852 8447 P.1
FAX TRANSMITTAL SHEET
Date; August 27, 2007
To: Karen Bass,
Monroe County Code Enforcement
289-2858 tFax)
Re: E & 0 L Land Development Corp.
Case No. CIEB I34.94-1359
Lots 1-16 and Lots 18-21, Block 1 and
Lots 1-7, Block 4, Hibiscus Park, PB 31166
Page: y 3 (►r, A► ) ewer'
Dear Ms. Bass
Our office is handling the refinance of the above referenced property for Mr. Enos Mitchell. In
researching the, we encountered an order imposing penaltyllien a copy of which is attached hereto.
If the lien has been satisfied, please provide our office with a copy of the release of lien at your
earliest possible convenience. if not, please advise as to what needs to be done in order to
release the lien?
Your prompt attention to this matter is appreciated. if you should have any questions, please do
not hesitate to call me.
Sincerely,
Shawn M. Burchfieldv
Enclosures
88101 Overseas Highway • .Islamorada, Florida 33036 • Post Office Box 2095 ^ Key Largo, Florida 33037
,--% otn , A77 . Gov rgn;t A59-8447 • email: marlen@coastaltitleinc.corn
Sep 12 07 10:33a Coastal Title 305 852 8447 p.3
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,
FLORIDA
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Plaintiff,
CASE NO.: 95-20147 CA
ENOCH (ENOS) MITCHELL, an
Individual, and ENOS MITCHELL
SEPTIC TANK COMPANY OF KEY
LARGO, INC. AND E. & 0. L.
LAND DEVELOPMENT CORP.,
administratively dissolved corporations,
Defendants.
SATISFACTION OF JUDGMENT
Plaintiff, Florida Department of Environmental Protection ("Department"), does hereby
represent that this Court entered a Consent Final Judgment ("Judgment") in the above captioned
matter, dated February 3, 1997. A copy of the Judgment was recorded in Book 1441 Pages
2040 thru 2043, Official Records, Monroe County. A certified copy of the Judgment was
recorded in Book 1449 Pages 1309 thru 1312, Official Records, Monroe County. The
Department acknowledges the Judgment has been paid in full and satisfied as of February 2,
2000. The Department consents that the Judgment be satisfied of record.
Sep 12 07 10:33a Coastal Title 305 852 8447 1p,4
DATED ,day of August, 2007.
STATE OF FLORIDA DEPARTMENT
OF F.London
ONM TA OTECT10N
isa
Sr. Assistant General Counsel
Department of Environmental Protection
I, Lisa G. London, being duly sworn, hereby affirm and verify that all of the facts in the
foregoing document are true and correct to the best of my ledge and belie
Asa G. L ndon
Sworn to and subscribed before me this 30 day of August, 2007.
Wm
blic
on No.
My commission expires,
Personally known to me —Azor produced No.
as identification.
Yolonda Richardson
mnu . Cossion 9 D0346525
�d Expires August 12, 2006
t1F N. wmdl iah- w. Mic l00.7BF�c+E
MONROE COUNTY
OFFICIAL RECORDS
FILE #987636
BK ii 1 4 4 1 PG# 2 0 4 0 IN THE CIRCUIT COURT OF THE
RCD Feb 06 1997 12144PM SIXTEENTH JUDICIAL CIRCUIT
DANNY L KOLEAGE, CLERK IN AND FOR MONROE COUNTY,
FLORIDA
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION,
Plaintiff,
o p F
V. CASE N5?=95-20147 CA M
ENOCH (ENOS) MITCHELL, an t
cc
individual, and ENOS MITCHELL
SEPTIC TANK COMPANY OF KEY
LARGO, INC. and E. & 0. L. 3
LAND DEVELOPMENT CORP., ca
administratively dissolved - C%
corporations,
Defendants.
CONSENT FINAL JUDGMENT
24th Igq`7
This agreement is entered into this day of January, 1 9,fiBtween the
Plaintiff, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
("DEP") and Defendants, ENOCH MITCHELL, an individual, and ENOS MITCHELL
SEPTIC TANK COMPANY OF KEY LARGO, INC. and E. & 0. L. LAND
DEVELOPMENT CORP., administratively dissolved corporations.
1. DEP is an administrative agency of the State of Florida having the authority to
administer and enforce the provisions of Chapter 403, Florida Statutes, and the rules adopted
thereunder.
2. The Defendants have at all times pertinent hereto owned property described as
Hibiscus Park Subdivision, Lots I through 8, Block 4, and the northern part of Government
Lot 1 ("Property"), and operated and maintained a solid waste processing, transfer and
SENT TO KEY WEST FOR RECORDING
disposal facility ("Facility") on the Property. This Property is a "Facility" as defined by
Chapter 403, Florida Statutes.
3. Lumber, yard trash, plastic materials, appliances, scrap metal, demolished mobile
homes, waste tires, glass, clothing, white goods, furniture, a derelict vessel, and other solid
waste had been dumped in large piles on the Property by Defendants, or with their approval.
4. The materials described in paragraph 3, above, constitute "solid waste" within the
meaning of Section 403.703(i3), F.S., and F.A.C. Rule 62-701.200(73).
5. The Facility constitutes a "solid waste management facility" within the meaning
of Section 403.703(10), F.S., and F.A.C. Rule 62-701.200(77).
6. Defendants did not have a solid waste permit and have not received approval to
operate, maintain or close the Facility in violation of Sections 403.707(1) and 403.708(1)(c),
F.S., and F.A.C. Rule 62-701.320(l).
7. In an effort to completely resolve this matter and avoid further litigation, the
parties agree as follows:
A. Defendants shall clear the vegetation that has overgrown the solid waste
piles, and properly dispose of the solid waste through recycling or disposal within 10 days of
the effective date of this Consent Final Judgment.
B. Within 60 days Defendants shall begin removal of the top 2 to 3 feet of
solid waste materials, including, tires, constriction debris, metals, household clothing,
appliances, plastic goods and trailers to a Department approved or permitted solid waste
facility. Rocks and dirt can be left at the Property. After removal of the top 2 to 3 feet of
solid waste, the remaining waste pile must be graded. If asbestos containing materials are
discovered, or hazardous waste, Defendants shall immediately handle and dispose of them
properly in accordance with Department rules.
FILE #1987 636
Bg#1441 PG#k2041
1►a
C. Remove any visible solid waste within the mangroves along the canal,
including tires, that can be hand carried out of the mangrove system. The mangrove system
is not to be scraped down
D. A barrier must be placed across the end of the site adjacent to the street
and maintained to prevent future dumping.
E, Within 70 days of the effective date of this Consent Final Judgment,
Defendants shall submit to DEP documeatation that the solid waste material was taken to a
permitted solid waste management facility.
F. The Defendants shall allow all authorized representatives of DEP access
to the subject property at reasonable times for the purpose of determining compliance with
the terms of this agreement and applicable DEP rules.
G. DEP shall recover from Defendants the sum of $1,500.00 for DEP's
costs, expenses, and penalties that shall bear interest at the rate determined under Section
55.03, F.S., for which let execution issue.
H, Defendants agree to pay DEP stipulated penalties in the amount of
$100.00 per clay for each and every day Defendants fail to timely comply with any of the
requirements of paragraphs A through G of this Consent Final Judgment.
L Entry of this Consent Final Judgment does not relieve the Defendants of
the need to comply with applicable federal, state or local laws, regulations, or ordinances.
J. The Court shall retain jurisdiction to enforce the terms of this Consent
Final Judgment by contempt proceedings or by the entry of other appropriate orders.
FILE t987635
BA II 13 4 4 1 PG# 2 0 4 2
3
RDERED at Plantation, Monroe County, Florida, this da of
Iu , 199�7
HONORABLE STEVEN SHEA
Circuit Court Judge
cc: David G. Hutchinson, Esq.
Nona R. Schaffner, Esq.
WE CONSENT TO THE ENTRY OF THE FOREGOING CONSENT FINAL JUDGMENT
WITHOUT FURTHER NOTICE.
FOR THE PLAINTIFF
N NA R. SC ER
A'sistant General Counsel
ST E OF FLORIDA DEP TMENT
OF ENVIRONMENTAL PROTECTION
3900 Commonwealth Blvd.
Mail Station 35
Tallahassee, Fiorida 32399-3000
Fla. Bar No. 66542
FILE #96-7 636
3K#1441 PG#2043
MONR06 COUNTY
OFFICIAL RECORDS
FOR THE DEFENDANTS
UK -OCR (ENOS) MITCHELL
Hibiscus Lane, No. 58
Key Largo, Florida
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INTEROFFICE MEMORANDUM South 1)ictrict
TO: Tarry Morgan
THROUGH: Philip Barbaccia
THROUGH: Jim Edds
FROM: Ed Russell. �^ 1
DATE: September 27, 2000
RE: Closing OGC# 95-20147-CA-18
DEP v. Enos Mitchell
The South District office proposes to close this case because all terms and conditions of the
Consent Order entered on February 3, 1997, have been complied with. Respondent paid a total
of $1,500.00 in penalties for solid waste violations.
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Florida Department Of 2796 Overseas Highway Suite 221
Environmental Protection Marathon FL 33050
FAX o Date:
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Phone: 305-289-2310 SC464-2310
Fax hone: 305-289-2314 SC464-2314
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