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Item P2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17,2009 Division: County Attorney Bulk Item: Yes - No X Staff Contact PersonlPhone #: Lisa Granger X31 70 AGENDA ITEM WORDING: Request by property owner Thomas Miller for mitigation of fines in Code Enforcement Case CE08010069. Fines total $12, 000 and costs are $131.45 ITEM BACKGROUND: On February 21, 2008, Mr. Miller was cited for violation of Monroe County Code 9.5-111(1); the installation of the paver driveway on this property requires permit(s), approval(s) and inspection(s). It was explained to Mr. Miller that he had two options: (1) remove the pavers and obtain a permit before relaying the pavers or (2) obtain an after the fact permit which would necessitate a variance because the pavers were laid in the property setbacks. He choose to obtain an after the fact permit and leave the pavers which necessitated the variance for the pavers that were located in the setbacks. On April 7, 2008 Mr. Miller signed and had notarized a written agreement with the County entitled "Stipulation to Code Violation and for time to comply for First Time Offenses". In the Stipulation, Mr. Miller agreed that the violation existed. He further agreed in the Stipulation to fines in the amount of $50 per day if he did not bring the property into compliance by June 6, 2008. Additionally, the Stipulation made clear to Mr. Miller that he could revoke the Stipulation in writing or in person at any time prior to the June 30, 2008 Special Magistrate hearing. On May 30, 2008, Mr. Miller verbally requested an extension. On June 13, 2008 an extension fonn was emailed to Mr. Miller. On June 25, 2008, the Code Enforcement Inspector telephoned Mr. Miller because she had not received the written extension form from Mr. Mi~ler. Mr. Miller said he forgot about it. He was told that an extension or continuance would be up to the Judge now and he was reminded that his compliance date was June 6, 2008 and fines were running. On June 30, 2008, the Special Magistrate imposed the lien for fines and costs. The propeliy was still not compliant. After the hearing on June 30, 2008, the extension form was received via fax by the County. The property was finally brought into compliance on February 2,2009. Fines total $12,000 and costs are $131.45. Fines ran from June 6, 2008 to February 2,2009 when the property was brought into compliance. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Mr. Miller should be responsible to pay the County the fines in the amount of $12,000. Mr. Miller agreed to the amount of the fine in the Stipulation with the County. A Stipulation is a contract signed by the parties and should be enforced. The costs of $131.45 should remain because they are mandated by statute. TOTAL COST: INDIRECT COST: BUDGETED: Yes No - COST TO COUNTY: $0 SOURCE OF FUNDS: REVENUE PRODUCING: Yes -1L No - AMOUNT PER MONTH - Year - APPROVED BY: County Atty ~ OMB/Purcha~ing_ Risk Management _ DOCUMENT A TION: Included X Not Required_ DISPOSITION: AGENDA ITEM # 1 MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ,. Monroe County Code Enforcement Petitioner vs. Case Number CE08010069 Respondent(s)' Thomas Wand Nancy 0 Miller and Jeanne R Miller STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR t=IRST TIME OFFENSES Thomas Wand Nancv D Miller and Jeanne R Miller (hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees that IIwe received the Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on that date to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Hearing"), 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation which was served in this matter. D' \Prom es\eims4 3 \Local Setti ngs\ T emporarjr Internet Pi le"1\('ontent lR)\TOflCf) H70\Sti nulation j\Jfjller CFOgO 1 OO(;()f 11 doc 3. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code Enforcement." " . However, by entering into this Stipulation, Respondent(s) understands and agrees that: (a) He/she need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and (b) Any 'evidence in the Code Enforcement file will be deemed th.e record in the case; and (c) He or she waives the right to appeal any finding of violation or , order that he or she would otherwise have under Section 4. The parties agree hat a further status/review hearing will be held at 10:00 8.m. 6n June 26,2008, t determine whether the property has been brought into compliance. The pr perty will be checked for compliance on June 6, 2008. 5. Z. s agree that the Special Magistrate may impose costs of pt:osecbltie pursuant to Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 6.3-5. 6. The parties (a) agree to a fine of $50.00 per day that shall accrue daily and may be imposed against the Respondent(s) and recorded as a lien against the property and upon any other real or personal property owned by the violator if the property is not brought into compliance within the time specified in paragraph 4. D: \Profiles\eims43\Loeal Settings\ T emporar~ Internet File:::\Content lR)\fOfiC6H70\Srinlllntion rvril1er CROgOl OOfi9f 11doc 7. The Respondent(s) understands that if the Respondent(s) fails to comply within the time given, the fine(s) shall accrue each day the violation(s) remain as follows. 9.5-111 ( 1 ) 50.00 per day 8. The parties understand and agree that the Respondent(s) may revoke this Stipulation at any time prior to the Hearing by the Special Magistrate in this case. Such revocation must be done in writing or done in person when the Special Magistrate is hearing Respondent(s)'s case. 9. Respondent(s) agrees and reprE1~ents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. D: \Profiles\eims43\Local Settings\ T emporar:jr Internet File~\Content TR5\TOfiCfiH70\StinnlMion Miller CROROl OOfi9fll.ooc By signing t!lis Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. -!)u~Y'-Y'-.4.. lr! /h1..Jl.0\. .9/:;/lt:tJ3 II Signature of Respondent(s)/Date Signature of Petitioner(County)/Date J Bl-\ JU e. f- lY/ f'Jle'1r Print Name Print Name Signature of Respondent(s)/Date Print Name STATE OF 1fJl7""7L/( ~..t..--'~ COUNTY OF 23 tf;.o-z...::;o-Tt---c/ PERSONALLY APPEARED BEFORE l\1.E, the undersigned authority, ~n"}o.S l~ mLll(J/ who, after fIrst being swom by me, affixed his/her signature (name of individual signing) in the space provided above on this 7-1i...- day of 4oa:-i{ ,20~. ..... SCHYLQNE RUSSELL ' / cd? .-;;~""l Pll.;~.. NOTARY PUBLIC _ STATE OF FLORIDA f ~": COMMISSION # 00419357 ~h., . fJ""l EXPIRES 8/5/2009 II-.~to"...r:!i-.. ........ BONDED THRU 1-88S.NOTARY1 My commission expires: D:\Profiles\eims43\Local Settings\Temporar; Internet Files\Content TR:5\TOfiC6H70\Stinn lMion Miller CEOROl OOfi9f 11.ooc By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. r'};4 /ltJ&-- i.' 6 100! A<6-tt b:tllJ~&rtL ? 1 }1-11f.' ' / Signature of Respondent(s)/Date Signature of Petitioner(County)/Date .-r hDlvla .> &v />1. lie \r ~~~~^ I ~&~tAG Print Name Print Name \ ~o' t ~ 01 i ~i . \lLtlJ \ ; Signatur~}f Respondent(s)/Date Print Name Nah~\ ~\tll~ ( J STATE OF ;::L~/d- COUNTY OF 15tZ-~o--.cd PERSONALLY APPEARED BEFORE ME, the undersigned authority, --/111.7 n1G-:...:;j L J - m,lLCh' ___ who, after ftrst being swom by me, affixed his/her signature (name of individual signing) in the space provided above on this -IlL day of ,4 {? iL~{ ,2OL. "';'':0'" SCHYLONE RUSSELL :-:'r:PIo /J..(~.. NOTARY PUBLrC. STATE OF FLORIDA i ME COMMISSION # 00419357 '.~..; ~~? EXPIRES 8/5/2009 -. O' r\.:.. ...... I'.lONOSO THR~j l-8S8-NOTARYl My commission expires: D: \Profiles\eims43\Local Settings\ Temporarj Internet File~\Content.TR5\TOfiCfiH70\Stinlllation Miller CROHOl OOfi9rlldoc BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY I. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Docll 172263'5 12/11/2008 10:20AJ1 Filed & ~ecorded in Official Records of Petitioner, MONROE COUNTY DANNY L. KOLHAGE vs. CASE NO.CE08010069 THOMAS W. MILLER and NANCY Doc" 1722835 D. MILLER, and JEANNE MILLER, Bktf 2391 Pa" 1785 Respondents. / ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on April 24th 2008 at the Marathon Government Regional Center, located at 2798 Overseas Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the Special Magist,rate heard testimony under oath, that the respondent had entered into a stipulation agreement with Momoe County, admitting all violations. The Respondent(s) is in violation of Monroe County Code Section(s): ~9.5-1 11(1); Said Agreement, and any subsequent orders, required the Respondent(s) to correct the violation(s) by June 6th 2008, and further, that failure to correct the violation(s) by the compliance date would result in a fine $50.00 (FIFTY DOLLARS) per day, being imposed for each day thereafter that there is noncompliance. At the hearing of the Special Magistrate held on June 26r11 2008, Inspector Windsor testified that the violation(s) had not been corrected. ACCORDINGLY. the Special Magistrate finding that the violation(s) had not been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $50.00( FIFTY DOLLARS), per day, beginning June 7111 2008 , and for each and every day thereafter that the violation(s) exist(s) andlor continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a cost in the amount of $49.91 (FOURTY NINE DOLLARS and NINETY ONE CENTS) is hereby levied for the administrative recovery for prosecution and investigation. Costs will continue to accrue until compliance is met. THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH THE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLA TOR(S). THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: BK 12 L T 10 EDEN PINES COLONY 2ND ADD BIG PINE KEY PB5, MONROE COUNTY, FLORIDA (RE:0027050Q-000000) Pursuant to Section 162.09, Plorida Statutes, this lien may be recorded with the Clerk of the Courts for Monroe County, Florida. That upon complying, the Respondent(s) shall notify the Code Inspector in this case, who shall reinspect the property and notify the Special Magistrate of compliance. DONE AND ORDERED this /57 day of July, 2008, at the Division of Administrative Hearings, Tallahassee, Florida. . ~ ~~~ Code Enforcement Special Magistrate STATE OF FLORIDA Doc:a 172263!S COUNTY OF LEON Bktl 2391 Pea 1786 I HEREBY CERTIFY that on this day, before me, on officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. J ~TNESS my hand and official seal in the County and State last aforesaid this day of July, 2008 .~'$...~t'lf. Elma Williams ~ LJ ~ :~',t~ Commission # DD481642 ~i.... ..:ili Ex~ires December 2,2009 Notary Public 't; .1:',,,, Q:;I'hditd fray FI"" 1",'WI1In(..e I;I:'C !!JOO.:s8S-'O'9 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished ~ U.S. Mail, to the Respondent(s) at 3050 SW 1351!1 Terrace, Davie, FL 33330. this L day of July, 2008. '---;la6 4 !d?-tC.lL Nicole M. Petrick Code Enforcement Liaison I'IONROE COUNTY 2 OFFICIAL RECORDS ) ! h.........JROE COUNTY CODE ENFORCE.. ..J~ .1.' NOTICE OF VIOLATION/NOTICE OF HEARING TO: THOMAS W AND NANCY D MILLER CASE NUMBER: CEO 8 0 1 0 0 6 9 MILLER JEANNE R RIS 3050 SW 135TH TERRACE DAVIE, FL 33330 'e, RE NUMBER: 00270500000000 LOCATION : 1136 WEST SHORE DRIVE BIG PINE KEY, FL DEAR PROPERTY OWNER / TENANT, You are hereby notified that an inspection of the above referenced property onIO/~l/O~ found violations of the following Monroe County Section(s) : 9.5-111(1) THE INSTALLATION OF THE PAVER DRIVEWAY ON THIS PROPERTY REQUIRES PERMIT(S), APPROVAL(S) AND INSPECTION(S) . Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or remove as directed. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code Section 6-29(a) (1). All 'permits will require final inspection(s). TO AVOID FINES AND/OR COSTS OF prosecution as per Chapter 162 F.S. all violations noted above must be corrected by 04/06/2008 IT IS YOUR RESPONSIBILITY TO CALL YOUR INSPECTOR AND REQUEST A RE-INSPECTION. If you fail to' correct the above described violation(s) by the above date, or if you wish to contest the alleged violation(s), you must appear before the Special Magistrate as stated below. ** NOTICE OF ADMINSITRATIVE HEARING ** PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 04/24/2008 at 10:00AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. The purpose of this hearing is to determine if in fact, a viola- tion currently exists, the appropriate action to be taken, and any fines or penalties to be imposed. YOUR FAILURE TO APPEAR MAY RESULT IN A FINE OR PENALTY BEING IMPOSED AGAINST YOU AND A LIEN BEING IMPOSED ON YOUR PROPERTY Y~u may appear in person and/or be represented by an attorney. If you are represented by an attorney, your attorney is required to file a written notice of appearance with this office prior to the hearing. *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. Shculd you seek a continuance of your administrative hearingr the presiding ) . officer may grant a cont~duance of a hearing for goo~ ~duse shown. Except in cases of emergency, requests for continuance must be made at least five days prior to the date noticed for the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison for the Special Magistrate to submit your request. Pursuant to F.S. Chapter 162.09(2) (d) 1 your failure to correct the violation(s) may result in the impositon of a finel not to exce~d $1/000 per day per violation for a first violation 1 $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 finesl the Special Magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1) . Date: 02/21/08 ~ll~ WIND OR, KATHLEEN Code Enforcement Inspector I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified mail, Return receipt Request No. 7006 3450 0001 8669 0649 .7f/~ ~ ~~ ~ . Code Enforcement Department Please contact your inspector at the appropriate Lower Keys: 1100 Simonton St., (Rm. 1-171) , Key West, FL 33040 - (305)292-4495 Middle Keys: 2798 Overseas Hwy. Marathon, FL 33050 - (305) 289-2810 Upper Keys: 88820 Overseas Hwy.Tavernierr FL 33070 (305)852-7135 If you are a person with a disability who needs any accommodation in order to participater you are entitled, at no extra cost to you, to the provision of certain assistance. Please contact this office at (305)289-2509 within 2 days of your receipt of this notice. If you are hearing imparedr please call 711. Monroe County Code Enforcement Office of the Liaison 2798 Overseas Hwy. Marathonl FL 33050 Phone: (305)289-2509 (305)289-2858 ! '" ~ 0.. III - W > - a:: 0 w a::: 0 I CJ) f- 0:: (JJ 0 W en 's Cl <.0 ~ (V')a:::s: ~W ~-ICL m::!cn <O~Z o - o ..00 '{-o::O OWO ooZC\J 0s:1 WOU;> () N '11] I~n- !l&- .. i= fM1 I ~i~. I ~~ J ib- _+. ... ~ 0.. co - w > 0:: 0 w 0::: 0 J: 0::: en I- 0 en (.fJ w Q :s: z ~ CD MO:::n.. ~WCl) "'-....JZ m:::!- CD:2:i'-- o 0 o '.0 ...-0:::(\1 OWl OOZ~ OS;'? WOO u 'F" ~ .... 1lD..1l= ~""'" """'m I Fic\)l Z. 1 I.~I ~ i .. _Jj Code Enforcement Detail Page 1 of2 CODE ENFORCEMENT DETAIL a CASE INFO PROPERTY INFO ~.-,...........---~'-~~ NUMBER CE08010069 DATE 1/11/2008 PARCEL 00270500000000 TYPE 4 OPER windsork ADDRESS 1136 WEST SHORE DRIVE DESC CDF CSZ BIG PINE KEY, FL TENANT OWNER MILLER THOMAS W & NANCY D & ADD INFO 7006 34500001 8669 0649 ADDRESS 3050 SW 135TH TER STATUS o OPENED WITH RECEP CSZ DAVIE, FL 33330 OFFICER KW PHONE EDEN PINES VIOLATION CODES 1: 9.5-111(1) u BUILDING PERMIT REQUIRED ~~_~~..--.-o-~ ---~~~~ ,- CASE DESCRIPTION PAVER DRIVEWAY W/O PERMIT ___~~~~~~~~~~'~~~~_'_~__.W.__W.___.M___~.n_~~'~""'_'~~"""""~h-<'~~_n._____~_~~n~""""~L."'-W-"-~~,""~_""'_~~U"U"""'" -- INSPECTIONS/EVENTS DETAIL DATE TIME INSP/EVE TYPE INSTRUCTIONS COMPLIANCE AFFIDAVIT TO NICOLE. 2/4/2009 16:03:49 COMPLIANCE AFFIDAVIT COMPLIANCE DATE 2-2-2009 (BIO INSP). FINES RAN FROM 6-7-2008 PER STIP. EMAILED NICOLE & PO. FINES IN THE AMOUNT OF $50.00/DAY BEGAN ON 06/07/08 TO 02/02/09 (240 DAYS) 2/4/2009 15:23:46 COMMENT CODE TOTALING: $12,000.00 COSTS WERE IMPOSED UNTIL COMPLIANT AND TOTAL: $131.45. FINES AND COSTS TOTAL: $12,131.45. 2/4/2009 15:17:01 COMMENT CODE ADDED FINE ON 9.5-111(1) START DATE: 06/07/08 FINE AMT: 50.00 2/2/2009 08:53:16 COMMENT CODE COSTS IMPOSED 06/26/08 FOR 49.91 RESEARCH REVEALS NO BIO INSPECTION. 1/30/2009 14:44:44 REINSPECTION FOR HEARING ASKED JANIS TO INSPECT AND EMAILED PO W/ STATUS AND THAT I HAD ASKED JANIS TO MAKE SITE VISIT. 1/28/2009 14:42:01 COMMENT CODE VM FROM PO THAT HE WAS DONE, INSP(S) PASSED. ATF PERMIT ISSUED. NEEDED PUBLIC WORKS 1/23/2009 14:47:14 COMMENT CODE PERMIT & PLANNING VARIANCE. ALSO HE NEEDED TO REMOVE PAVERS TO COMPLY. 081-1660 ORDER IMPOSING PENALlY/LIEN RECORDED 12/11/2008 08:54:16 SEND TO CLERKS OFFICE FOR REC WITH CLERK'S OFFICE DOC# 1722635 BOOK 2391 PAGES 1785-1786. 6/30/2008 10:26:36 LIEN ORDER NOT COMPLIANT LIEN IMPOSED RECEIVED FAXED STIP FOR EXTENSION AT 4:50 PM, SAME DAY AS HEARING. SM HAS 6/26/2008 16:38:03 COMMENT CODE ALREADY ORDERED LIEN IMPOSED. GAVE KAREN A COPY. NOTE: FAX SAYS 12:43PM 6-26-2008. 6/26/2008 16:37:16 INSPECTORS HEARING NOTES READ BRIEF INTO RECORD. SM IMPOSED LIEN. FINES STARTED RUNNING 6-06-2008. DID NOT RECIEVE STIPULATION. CALLED PO. 6/25/2008 17:54:46 COMMENT CODE HE FORGOT ABOUT IT. TOLD HIM IT WOULD BE UP TO THE JUDGE NOW, COMPLIANCE WAS 6-6 2008. http://oss.monroecounty-fl.gov/code_dtLasp?case_no=CE080 1 0069 5/13/2009 Code Enforcement Detail Page 2 of2 6/15/2008 17:54:02 COMMENT CODE PO CONFIRMED RECEIPT OF STIPULATION BY EMAIL. 6/13/2008 18: 38: 58 REINSPECTION FOR HEARING PERMIT NOT ISSUED. NOT COMPLAINT INSP WINDSOR HAS BEEN ON VACATION. RTE TO PO. NEEDS VARIANCE FOR PERMIT. 6/13/2008 17:49:06 COMMENT CODE EMAILED STIP FOR EXTENSION TO MR. MILLER EVEN THOUGH FINES HAVE ALREADY BEGAN BECAUSE I WAS ON VACATION. 6/13/2008 16:00:03 COMPLIANCE AFFIDAVIT AFF ON NON-COMPLIANCE 9.5-111(1) ADMIN RECEIVED A PHONE CALL FROM PO. HE 5/30/2008 11:31:52 COMMENT CODE WOULD LIKE MORE TIME TO COMPLY DUE TO THE FACT THAT HE NEEDS A VARIANCE FROM THE PLANNING DEPT. PERMIT APPLICATION PUT IN PENDING BY 5/6/2008 16:21 :30 COMMENT CODE BIO AND PLANNING, DOES NOT MEET SETBACK REQUIREMENTS. LTR WAS SENT TO PO. BASED UPON STIPULATION AGREEMENT, 4/24/2008 18:37:58 FINDING OF FACT VIOLATION, FINES $50.00 PER DAY, COMPLIANCE SET FOR 06/06/08 HEARING SET FOR 06/26/08 4/8/2008 18:37:26 STIPULATION AGRMT. SIGNED STIPULATION AGREEMENT SIGNED AND PLACED IN FILE NO PERMIT 4/7/2008 16:24:25 REINSPECTION FOR HEARING NO STIPULATION FROM PO NON-COMPLIANCE AFFIDAVIT TO KAREN 4/2/2008 12:24:03 SENT TO LIAISON REC'D FOR APRIL HEARING 3/24/2008 10:29:29 COMMENT CODE RET TO PO, EMAILED STIPULATION COMP JUNE 6, SM JUNE 26, 2008 3/7/2008 16:47:37 NOV CERTIFIED RETURNED CERTIFIE RECPT RET'D - GOOD SERVICE 7006 2150 0001 0487 3952 2/26/2008 15:56:34 COMMENT CODE PHONE CALL FROM PO, EXPLAINED PERMIT PROCESS. 7 MIN PREPARED NOV/NOH TO PROPERTY OWNER 2/21/2008 09:09:13 HEARING NOTICE SENT 7006 2150 0001 0487 3952 PASSED TO SUPERVISOR FOR APPROVAL ZIP INCOMPLETE ON CERT MAIL. 2/20/2008 08:47:34 COMMENT CODE UPDATED PENTAMATION FOR NEW NOV;NOH. PASSED TO VILMA TO MAIL AGAIN. 2/19/2008 09:03 :58 NOV CERTIFIED RETURNED CERTIFIED NOV RET'D "NO SUCH NUMBER" 7006 3450 0001 8669 0649 2/15/2008 16:02:48 COMMENT CODE PREPARED POSTING AND MAILING 2/5/2008 08:48:54 REINSPECTION PHOTOS OF COMPLETED DRIVEWAY PREPARED NOV TO PROPERTY OWNER 1/11/2008 16:37:47 NOTICE OF VIOLATION 7006 3450 0001 8669 0649 PASSED TO SUPERVISOR FOR APPROVAL 1/11/2008 13:25:05 COMMENT CODE PASSED TO VILMA FOR NOV 1/11/2008 13:24:43 COMMENT CODE RESEARCH REVEALS NO PERMIT FOR DRIVEWAY 1/11/2008 13:23:30 CREATE A CASE VIOLATION RECORDED WINDSORK 1/9/2008 13:24:12 REINSPECTION NOTICED DRIVEWAY COMPLETE, MADE NOTE IN STENO 10/31/2007 13:23:41 INITIAL INSPECTION TYPE TOOK PHOTOS, APPEARS GETTING READY TO INSTALL PAVER DRIVEWAY http://oss.monroecounty-fl.gov/code dtl.asp?case no=CE080l 0069 5/13/2009 ,Property Information for 1 ~n'" '\'l Page 1 of 4 I I llllDN Departments Exemptions Online Datn Center .El1.r.ms. .lan 11, 2008 1, 16PM Conta~t the Mep A offi~e. Vnder Florida lnw, e-mnil addresses are public r~cords.lf you do not want your e-mail address rcleas~d ill response to n public records request, do not send electronic mail to this entity. Instead, conta~t this offi~e by phone or in writing. F.S. 668.6076 ONLINE DATA;~~ENTER RECORDS SEARCH PROPERTY INFORMATION FOR: Alternate Key: 1342203 RE Number: 00270500-000000 Property Details IlFl'0!~~ ' &::.~..~o~_~.m4fJ!!:. OWNER OF RECORD MILLER THOMAS W AND NANCY D 3050 SW 135TH TER DAVIE FL 33330 PHYSICAL LOCATION 1136 WEST SHORE DR BIG PINE KEY LEGAL DESCRIPTION BK 12 LT 10 EDEN PINES COLONY 2ND ADD BIG PINE KEY PB5w390R342-226 OR1078-1558(VC) ORI082wl068(VC) OR 1402w2222RS(JB) SUBDIVISION: EDEN PINES COLONY 2ND ADD SECTION, TOWNSffiP, RANGE 22 - 66 - 29 AFFORDABLE HOUSING No MILLAGE GROUP 100H PC CODE SINGLE F AMIL Y I All Owners MILLER THOMAS W AND NANCY D MILLER JEANN E R RIB Land Details LAND USE CODE FRONTAGE DEPTH LAND AREA RES WATERFRONT 76 ]20 9,120.00 SF r Snmmary of lIul'dl..' j NUMBER 011 BUILDINGS TOTAL LIVING AREA NUMBER OF COM~ERCIAL BUILDINGS 2320 YEAR BUILT 11 ttp://www .mcpafi. org/ securelrecord.asp 1/11/2008 ':property Information tor 13.1.')"lQ':1 Page 2 of4 ( ) i I 6 1%6 I Building Characteristics Building No 1 ',. 30 FT. 26 FT. View Larger Version of Sketch BUILDING TYPE R1 COND~TION ~ QUALITY 500 EFFECTIVE 15 GRADE AGE PERIMETER 232 DEPRECIATION 17 YEAR BUILT 1966 SPECIAL ARCH 0 % GRND FLOOR 2320 FUNCTIONAL OBS 0 ECONOMIC OBS 0 AREA INCLUSIONS: Rl includes 1 3-fixture bath and 1 kitchen. ROOF TYPE FLA T OR SHED ROOF COVER ROLLED HEAT 1 NONE HEAT 2 NONE COMPOS FOUNDATION CONCRETE BEDROOMS 3 HEAT SRC 1 NONE HEAT SRC 2 NONE SLAB EXTRA FEATURES: 2 FL'i: BATH o 4 FIX BATH o 6 FIX BATH o EXTRA FIX o VACUUM o SECURITY o GARBAGE DISl'O:)AL 0 3 FIX BATH o 5 FIX BATH o 7 FIX BATH o DISHWASHER o INTERCOM o FIREPLACES o COMI'ACTOR 0 Sections TYPE NBR EXTERJOR WALL TYPE # STORIES YEAR BUILT Arne Ale BASEMENT % FINISHED BASEMENT % AREA FLA, 1 5:CJ3.S. ] 1987 N N 0 0 2320 r Miscellaneous ImlJTovcments GRADE LIFE I NBR IMPR TYPE it lTNlTS TY1'E LENGTH WIDTH YEAR BUILT ROLL YEAR http ://vvy'/v'; .r.'1Cp~j fl. org! see ureheuJrcl. asp 1111/2008 "rlUl'vHY ilUUIUliillUlllUl l~f'-/JII,'" Page 3 of4 , ) r ) 1 PT3:PATIO 2 SW2:SEA WALL 357 SF 119 3 1975 1976 4 60 3 DK3:CONCRETE DOCK 357 SF 119 3 1975 1976 4 60 4 AC2:WALL AIR COND 2 DT 0 0 1979 1980 2 20 5 UB2:UTILITY BLDG 30 SF 5 6 1988 1989 2 50 6 CL2:CH LINK FENCE 1240 SF 310 4 1965 1966 .;~. 1 30 Appraiser Notes BL TO CC CHANGED DURING JNDEPTH AUDIT FOR 1997 Building Permits BLDG NUMBER DATE ISSUED DATE COMPLETED AMOUNT DESCRIPTION NOTES A17424 4/1/1987 12/1/1987 1975 ROOFING 96-0763 5/1/1996 12/1/1996. 4400 BOAT LIFT 3 991227 4/21/1999 11/30/1999 8550 ROOFING Parcel Value History TAX ROLL YEAR BillLDlNG ' MISCELLANEOUS LAND JUST EXEMPTIONS (NOT TAXABLE IMPROVEMENTS INCLUDING SENIORS) 2007 264,177 13,381 321,480 599,038 0 599,038 2006 261,488 I 1,265 321,480 594,233 0 594,233 200S 217,907 11,678 273,600 503,185 0 503,185 2004 203,380 11,920 273,600 488,900 0 488,900 2003 223,718 12,332 118,560 3'54,610 0 354,610 2002 100,060 12,745 77,520 190,325 0 190,325 2001 100,060 12,986 77,520 190,566 0 ] 90,566 2000 100,060 15,337 77,520 192,917 0 192,917 1999 100,060 15,806 77,520 193,387 0 193,387 1998 96,610 15,553 77,520 189,682 0 189,682 1997 144,915 24,011 77,520 246,446 0 246,446 1996 88,329 5,658 77,520 17],507 25,000 146,507 1995 88,329 5,751 77,520 171,600 25,000 145,341 1994 82,808 5,534 77,520 165,863 25,000 140,863 1993 75,908 6,997 77,520 160,425 25,000 ] 35,425 1992 75,908 7,077 77,520 160,505 25,000 135,505 1991 75,908 7,266 77,520 160,693 25,000 135,693 1990 72,457 7,1 (5 77,520 157,092 0 157,092 1989 57,302 6,627 62,928 126,857 0 126,857 1988 50,133 6,071 52,896 109,100 0 109,100 1987 52,521 5,690 34,656 92,867 0 92,867 1986 52,766 5,570 3 1,920 90,256 0 90,256 1985 37,349 4,846 30,92] 73,116 0 73,] 16 1984 35,287 4,846 30,92] 71,054 0 7],054 1983 35,287 4,846 30,921 71,054 0 7J,054 1982 35,758 4,846 23,284 63,888 0 63,888 Parcel Sales History NOTE - OUR RECORDS AIU~ 'IYPICALLY TWO. TO THREE MONTHS BEHIND VRD.M THF: DATK Ol~ SALE. [I<' A RECENT SALI!; DOES NOT SHOW UP PLEASE GIVE OUR 01<'1i'ICE TIME 'rOPROCESS IT. SALE DATE OFFICIAl. RECORDS PRICE INSTRUMENT BoOI<IP AGE 05/1996 1402/2222 330,000 WD 02/1989 ] 082/1068 190,000 WQ 0111989 1078/1553 170,000 WI} hli.p:/ / www,mcpaftorgisecure/record.asp 1/11/2008 .Jun, Li). II]I _ J 0 I!: Ii j 1'!VI I~O. lJi)l);! t'. I k: 0..,. -+-- h I <- e j\.J tv rJ'J~ $ D K 3~':;- , 7... B OJ - Z.B:5 '6 ., ~l~~ ~17J~lo~ . t,-a ~M 4~ 60 -riM fl)Jjl~v '~0 qS\.I,..3'2-,$ ~J J b _~-'r~.....y-~ - -- ~-- .- -.- -- - -- - ~_. --- --.- --.- ---~-.--...- ~ -- - ~-- - - ~~ ~-~-- -- -- _..____L _.........--Y-_~ Jun. L Q. L V V Q I L : 't J flVI I~ O. Vl)t)'j r. L . MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement " Petitioner VS. Case Number CE08010069 Responden1( s) Thomas Wand Nancv 0 Miller and Jeanne R Miller STIPULATION FOR AN EXTENSION OF TIME TO COMPLY In the matter of: Re# 00270500,,000000 Thomas Wand Nancv 0 Miller and Jeanne R Millar (hereinafter referred to jointly and severally. as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by anti through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees I/we received the Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on June 28, 2008 to determine whether the violation(s) still exists. 2. Respondent{s) agrees that the vlolation(s) still exists in the above mentioned complaint as alleged in the Notic9 of ViOlation which was served in this matter. (a) Respondent(s) understands that i'ls/she stipulates to an extension of time t,o comply. D; \Proftles \ema dO 1 \Loc.&l Seltings \Terllp oraI'Y Internet 1 "' __~__L_.. ~ ~ ~. -Fiies\eofltp.ntJE5\M8eBTPenStipu14ttOlTE1!:terr~101reF.OB(JlOo-6~1'1'-i1ntettlJ~dot~~--'---< .~..~~H_ . - -- ---- Jun. if). lVVO Il:'t'HIVI I~O, 1}i)1)~ r. j < By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. ~}i~ n ~ . Signature of Respondent(s) f Date Signature f Respondent(s) I Date 'Th61'J1"" J W mdfct' N "'AI c.1> D /h, IJ~ Ir ~ Print Name rint Name STATE OF ~\~\'o\~ J STATEOF F\\)(\~~ COUNlY OF f6 A;{ COUNTY OF ~{ ~ (~ PERSONALLY APPEARED BEFORE PERSONALLY APPEARED BEFORE ME, the undersigned authority, ME, the undersigned authority, '\hCl1l'\lIl- ') 'N. [11; \\er ( j- \\ whot after first being sworn by me, affixed. whot after first bei g swom by me, affixed hisfller signature {name of jndividual his/her signatnre (name of individual signinfUn the sp~rovided above on this signing) in the space provided above on tins 2 day of /l p_ 2O..oc- 26 ..f'\lay of J,n C. .20QE' ~~~P- ~p~ MYCOlDmi~ 'i-Jv 20ll: My commission expires '1- fO 20Jj r'. '. .-~~ Ie _1lDlIOS,ma. r-"" · ~"1; I ~ . . ExpIres 413OJ2011 i & 1~~ FlO~Nolel)lAwl.,1n1) ; Ilt.I._'IIIII'III1,.,sIlJII" ....,IiI"'lllrll..Il'.IIl'; 1._ :_~~ Signature of Petitioner (County) I Date I\J IIIIIU. U8111111UUUUIIIGD:;U!!UlUllflln.lilui Kathleen T Windsor D:\ProfiIes\ernadO 1 \Local S~ttings\ Temporary Internet 3 ~,.~. - . - ~~.. --FHes\Ccmr~fit mS-\HSCBTPC1\Srt pUlat!tm: EXtension C~080 10059 MlHer[1 }. iJOI~-._. .~. - - __m -- .-- - .- .,. - . --- Jun. I. U. L V V Q I L : 't't r IVI I~ O. V 0 0 Y r. It By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. ~~~~ '. Si~ ature of Respondent(s) I Date Signature of Respondent(s) J Date --.J e..1- Y\ A-e (? (J?,lkv Print Name Print Name STATE OF dOl,JrA. STATE OF COUNTY OF {UVV~/ J COUNTY OF PERSONALLY APPEARED BEFORE PERSONALLY APPEARED BEFORE ME, the undersigned authority, ME, the undersigned authority. J~o.(\ntt ~. mjJe .r who, after first being swom by me, affixed who. after first being swom by me., affixed his/her signature (name of individual hislhcr signature (name of individual signill~-l~l the space provided above on this signing:) in the space provided above on this 2. day of Jv day of 20_ NOTARY PUBLIC My commission expires ~ -]()-~O JI 20_: My commission expil'c.S 20 - r;;M'~~ :J1 ComrmYDIJOQflma ! <<>> f::=~ ~:~:.::.:;u.;. d :l1IU-11I tUltJU1UIIUUII.. ""lUU. n Signature of Petitioner (County) I Date Kathleen T Windsor ~ D: \Protlle5\enmdO 1 \LoGul Settings\Tempomry Intenwt ,i .. ". ~~, _'~n "..Files\(:::Jl,tent:lli5\H8Em-fPEl\Stipulatiof1 E~(tensi;::m€E08010B69",MtHf'r[il-;-doc-'~~~~~-~.- .,. ~- _ __~._ ___ ~c_ =====:.===~~===~==========~;~~~=====================;=======~=========== S P E C I A L MAG 1ST RAT E ==================~==============;============~~==~========~========== MONROE COUNTY, FLORIDA AFFIDAVIT OF COMPLIANCE / NON-COMPLIANCE ., ,. MONROE COUNTY FLORIDA PETITIONER, CASE NO. CE08010069 VB. MILLER THOMAS W & NANCY D & RESPONDENT, PARCEL ID: 00270500000000 BK 12 LT 10 EDEN PINES COLONY 2 STATE OF FLORIDA 1 COUNTY OF MONROE BEFORE ME, the undersigned authority personally appeared, WINDSOR, KATHLEEN, Code Inspector for the County of Monroe, who, after being duly sworn, deposes and says: 1. That on , the Special Magistrate held a public hearing and the Special Magistrate heard and issue~ its order in the above-styled matter. 2. That, pursuant to said Order, and/or subsequent Orders(s}, Respondent(s) was/were to have taken certain corrective action by or before the date of 04/06/2008. ~ l 3. That an investigation of the case on g,1 O~ revealed that the following,codes are/are not in com liance: Compliance Non-Complaince ^ ---------- -------------- ----.1 9.5-111(1)~~\~, - - FURTHER AFFIANT SAYETH NOT. ~- 2- 2.DO~ DATED this day of , 20~ '\ . C ~~r~\,~Jj~h( 76ij WINDSOR, KATHLEEN Code Enforcement Inspector SWORN TO and subscribed before me this day of , 2008. NO'1'l\RY PUBL Ie, STATE OF FLORIDA