Item P4
* TIME CERTAIN 2:00 P.M. *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/2/09 - MAR Division: County Attorney
Bulk Item: Yes - No xx Staff Contact Person: Cvnthia Hall #3174
AGENDA ITEM WORDING:
Request by property owner(s) for mitigation of fines in the matters of (a) Monroe County, Florida v.
Marcia Turner and Garabet Khatchikian, Case No. 07-CA-lOI-M, and (b) Monroe County v.
Khatchi/dan and Turner, Code' Enforcement Case No. CE06120166 (Monroe County Circuit Court
Case No. 07-CA-319-K).
ITEM BACKGROUND:
On Feb. 22, 2007, in Code Enforcement Case CE06120166, the <;:ode Enforcement Special Magistrate
found the property owner (Garabet Khatchikian) and the tenant (Marcia Turner) in violation of Section
6-4(a) and (c) of the Monroe County Code (unsafe property); for extensive building without a permit.
Owner and tenant were ordered to correct the violations by March 22, 2007. At the time, the property
owner and tenant were in litigation over title and possession to the property. When the violations were
not corrected by that time, the Special Magistrate imposed fines in the amount of $500 per day, plus
$100 costs. Litigation continues between the parties, but title and possession of the property have
been restored to Mr. Khatchikian and he corrected the violations on April' 6,2009. Fines to that date
amount to $369,500 and costs total $100.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
TOTAL COST: _INDIRECT COST: BUDGETED: Yes _No
-
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH_ Year
-~~ -
Risk Management N/ A
APPROVED BY: County Atty --V OMB/Purchasing N/A
DOCUMENTATION: Included X Not Required _
DISPOSITION: AGENDA ITEM # p--y
Revised 2/05
Doc!; 161!:)'5S9 12/26/2607 6:41RM
Filed & Recorded in Official Records of
MONROE COUNTY D~NNY L. KQLHAGE
Doe" 1675599
SkI! 2337 P9t* 1706
BEFORE THE CODE ENFORCEMENT SPECLAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, CASE NO. CE06120166
Petitioner.
vs.
GAR ABET KHATCHIKIAN (OWNER) and
MARCIA TURNER (TENANT)
Respondent(s).
/
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE having come on for public hearing before tl:1e Code Enforcement
Special Magistrate on February 22nd 2007, at the Monroe County Government Regional
Center, located at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate, having
reviewed the evidence, heard testimony under oath and being otherwise fully apprised in the
premises, makes the following fmdings of fact and conclusions oflaw:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the owners and tenant of record of property located at
LONG KEY OCEAN BAY COLONY SEC 1, PB3-130, LONG KEY, LOT 19,
MONROE COUNTY, FLORIDA (RE#OO386540-000000).
2. That the Respondent(s) was/were duly noticed of this hearing; and
3. That the above-named property is in violation oftbe Monroe County Code as more
particularly described in Exhibit" A" , which is attached hereto and incorporated
herein.
]
Therefore it is Doc" 1675599
Bkt:2 2331 Pgtl 1707
ORDERED AND ADJUDGED that:
A. Respondent(s) is/are in violation of the Monroe County Code(s) and is/are ordered to
comply with the provisions of said codes by March 22nd 2007. A compliance / review
hearing will be held on March 29th 2007.
B. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall
re-inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the above date may result in the imposition of a fine, per day, for
each day thereafter that Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a fine has been levied for the
administrative recovery for prosecution and investigation in the amount of $100.00
(ONE HUNDRED DOLLARS) to be equally divided between the tenant and the
owner in the amount of $50.00 (FIFTY DOLLARS) each.
E. In the event of nonpayment of fineslliens imposed, a certified copy of an order
imposing a fine 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(s).
F. You have the right to appeal this order to the Circuit Court of Monroe County. If you
wish to appeal, you must do so no later than thirty (30) days from the date of this
Order. Failure to timely file a written Notice of Appeal will waive your right to
appeaL
G. NO OCCUPANCY OF THE HOME IS TO OCCUR PRIOR TO THE MARCH 29TH
2007 HEARING.
H. AN ON-SITE INSPECTION OF THE RESIDENCE IS TO OCCUR WITHIN FIVE
WORKING DAYS FROM THE DATE OF TillS ORDER. INSPECTION IS TO BE
PERFORMED BY REPRESENT A TIVES FROM THE MONROE COUNTY
BUILDING DEPARTMENT AND MONROE COUNTY CODE ENFORCEMENT.
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Leon
County, Florida, on this ~day of February, 2007.
2
-::::=--... Doctl 1675599
Bk~ 2337 Pg~ 1708
Larry J. Sartin
Code Enforcement Special Magistrate
ST ATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified 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. ~
WITNESS my hand and official seal in the County and State last aforesaid this~ ay
of February. 2007. 'h~~-
.,/ Notary Public
o"t-I'Y p,,~(... Claudia D. Llado
t ~ ~ Commission # DD533276
% if Expires July 25, 2010
~ QF. J1! gUM" tll' I'Ittl ' 1MoH~, I,", _~7019
3
EXHIBIT "A"
VIOLA TION(S): Doclf 1675599
Bkl:t 2337 Pgl:t 1709
COUNT 1. Pursuant to Mom'oe County Code ~6-4(a)(c) Unsafe buildings.(a) Abatement
Required: All unsafe buildings shall be abatcd using the Standard Unsafe Building Abatement
Code, 1997 edition, promulgated by the Southern Building Code Congress International, Inc.,
subject to all amendments, modifications or deletions hereinafter contained. (c) Amendment:
As adopted by Monroe County, section 302,1.1 (4), Standard Unsafe Building AbatemenL Code,
shall rcad as follows: "A statement advising that any person having legal interest in the property
may be prosecuted before the code enforcement special master, in county court, or in any other
manner provided by law for failure to repair, vacate or demolish the offending building in the
manner set forth in the notice."
CORRECTION(S):
COUNT 1. Contact the Monroe County Building Department and either obtain a building
permit to bring the structure into compliance with current building codes, or obtain a demolition
pennit and remove all offending structures on the property.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys (305)852-7135
Middle Keys (305)289-2556
Lower Keys (305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the
Respondent(s) attorneys via fax to John Agl).~ Esquire at (305)940-0090 and to Adele V.
Stones, Esquire at (305)292-5442, this ay of Pebru ,2007.
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
MONROE COUNTY
OFFICIAL RECORDS
4
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
OF MONROE COUNTY, FLORIDA
Docti 1675Gl!l0 12/26/2007 8:41aM
MONROE COUNTY, FLORIDA Filsd & Recorded in Official Records of
Petitioner, MONROE COUNTY DANNY L. KOLHAGE
vs. CASE NO. CE06120166
GARABET KHA TCHIKIAN and MARCIA TURNER
Respondent(s) .
/ DQClh 1675600
SkI:! 2337 Pgrt 1710
ORDER IMPOSING PENALTY
THIS CAUSE having come on for public hearing before~ the Special Magistrate on
February 22nd 2007 after due notice to the Respondent(s), at which time the Special
Magistrate heard testimony under oath, received evidence, and issued his Order finding
the Respondent(s) in violation of Monroe County Code Section(s): ~6-4(a)(c);
Said Order, and subsequent orders, required the Respondent(s) to correct the
violationCs) by March 22ncl 2007 and further, that no occupancy was to occur prior to
the March 29th 2007 Special Magistrate hearing. Failure to correct the violation(s) by
the compliance date may result in a fine, per day, being imposed for each day
thereafter that there is noncompliance. At the meeting of the Special Magistrate held
on March 29~1 2007, Inspector Corcoran testified that the violation(s) had not yet been
corrected, and that the residence had been rented out and occupied during the time in
which no occupancy was to occur.
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 $500.00 (FIVE HUNDRED DOLLARS), per day, beginning March 29lh
2007, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a flOe in the amount
of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative
recovery for prosecution and investigation. The order of No Occupancy remains in
effect.
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
LONG KEY OCEAN BAY COLONY, SEe 1, LONG KEY, MONROE COUNTY,
FLORIDA (RE#00386540-000000);
Pursuant to Section 162.09, Florida Statutes, this penalty may be recorded with the
Clerk of the Courts for Monroe County, Florida. tDC
7:0
un
2t
That upon complying, the Respondent(s) shall notify the Code Inspector in this N
w....
case, who shall reinspect the property and notify the Special Magistrate of compliance. WU'J
........
OJ
The Special Magistrate set this case for review for April 2611. 2007. m
"lIG
\D(Sl
It
DONE AND ORDERED this ~day of April, 2007, at the Division of .....
-t
Administrative Hearings, Tallahassee, Florida. .....
....
BY
Larry J. a
Code En orcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
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.
~ WITNESS my ~and and official seal in the County and State. last aforesaid this
/I/; day of April, 2007. .",
~ . . . ..%t~1.!!~~ Elma Williams
W~ :~(AJ~commiSsiOn#DD481642
~.:ti" ..:tJ. Expires December 2, 2009
Notary Public '.?;,'l\' 9oododT..,F." loW,.,.. 111< eoo."~.1019
1 HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished to the Respondent(s) attorneys via fax
as follows: ~e V. Stones, Esq. (305)292-5442 and John Agnetti. Esq. (305)940-
0090, this 11i!- ay of April, 2007.
/~
Kare L. Bass,
Enforcement Liaison
MONROE COUNTY
OFFICIRL RECORDS
Code Enforcement Detai I http://oss.monroecounty-fl.gov/code_dtl.asp?case_ no=CE06120 166
CODE ENFORCEMENT DETAIL
LJ CASE INFO PROPERTY INFO
~
NUMBER CE06120166 DATE 12/12/2006 PARCEL 00386540000000
TYPE 1 OPER normanr ADDRESS 65890 OVERSEAS HIGHWAY
DESC PHONE CALL CSZ LONG KEY, FL 33050
TENANT MARSHA & DENNY TURNER OWNER KHATCHIKIAN GARABET
WORKMAN
ADO INFO ADDRESS 6770 INDIAN CREEK DR #70
STATUS o OPENED WITH RECEP CSZ MIAMI BEACH, FL 33144
OFFICER BC PHONE
VIOLATION CODES . 1: 6-4(A)(C) -- UNSAFE BUILDINGS & MAINTENANCE
CASE DESCRIPTION POSSIBLE UNSAFE CONDITIONS IN INTERIOR
NOTES 2006-12-1408:56:49 SITE VISIT REGARDING WORK W 10 BENEFIT OF
PERMIT CE06100262. WORK BEING PERFORMED
ON AIC WIO PERMIT. STOPPED JOB. CALLED
MR. WORKMAN AND ADVISED HIM THAT I WOULD
BE STOPPING THE WORK AND THAT I FELT THE
BEST WAY TO RESOLVE THE ONGOING PERMIT
ISSUES WOULD BE TO MOVE THE CASE FORWARD
FOR HEARING. THE INTERIOR WAS DAMAGED BY
VANDALISM AND REQUIRED DAMAGED DRYWALL
AND FIXTURES AS WE~L AS CABINETS TO BE
REMOVED. INTERIOR NEEDS TO BE REPAIRED
AND NO PERMITS CAN BE ISSUED PER THE
OWNER. REQUESTED PHOTOS FROM OWNER AS
THEY DlD NOT WANT ME TO ENTER THE
PREMISES. PHOTOS ARE TO BE BROUGHT INTO
THE OFFICE ON THURSDAY AND HAND SERVICE
OF NOV TO TENANT.
2007-04-09 15:24:06 RECIEVED INJUNCTION FROM JUDGE ON
4-5-07WENT TO PROPERTY WI BUILDING
OFFICIAL, JOE PASKALIK,
INSPECTOR COROCRAN, DIV. DIRECTOR
ANDREW TRIVETT. GREETED BY STEVEN
HOFFMAN AT
FRONT OF PROPERTY. PROVIDED A COpy OF
THE ORDER TO HIM AND EXPLAINED THAT THE
PREMISES WOULD HAVE TO BE VACATED AND
THE ORDER INCLUDED THAT THE GATE BE
LOCKED. MR. WORKMAN CAME OUT AND WE
DISCUSSED THE ORDER. THERE WAS SOME
CONCERN REGARDING THE RENTAL VEHICLE OF
THE RENTER WHO WAS "STILL IN KEY WEST"
AND WAS NO ON THE PREMISES PER WORKMAN.
MCSO DEPUTY,AND MARSHA TURNER WERE
ALSO ON SITE. PROPERTY WAS POSTED AT
APPROX 5:25PM BY THE BUILDING OFFICIAL
AND PREMISES WERE VACATED AT
APPROXIMATELY 6:20. GATE WAS SECURED
WITH CHAIN AN
D PAD LOCK AND WE ALL LEFT THE SITE. A
COPY OFTHE ORDER WAS PROVIDED TO MCSO
DEPUTY FOR INFORMATION.
Ion 6/2/20093:00 PM
Code Enforcement Detail http://oss.monroecounty-f1.gov/code_dtl.asp?case yo=CE06120 166
2007-04-0915:42:19 RECIEVED CALL FROM MCSO ON 4-6-07.
OWNEROF RENTAL VEHICLE AND TENANT OF
TURNER/ WORKMAN WAS INQUIRING ON HOW TO
RETREIVETHE VEHCILE. I CONTACTED
ASSISTANT CA, SHILLINGER FOR APPROVAL
TO GO AND RELEASE THE VEHICLE. MET ON
SITE WITH MCSO DEPUTIES (
) AND TENANT O'CONNOR. MCSO
WENT INTO PREMISES W/ O'CONNOR TO
RETREIVE SOME ATRICLES OF CLOTHING.
VEHICLE WAS REMOVED AND GATE WAS AGAIN
SECURED AND LOCKED BY MYSELF AND DEPUTY
HUFF. WENT TO HOLIDAY INN TO COPY RENTAL
AGREEMENT AND CANCELED CHECK ETe. STATE-
MENT FORM WAS ALSO COMPLETED BY MR.
O'CONNOR AND PROVIDED TO ME BY MCSO.
LEFT HOLIDAY INN AT APPORX 11:00.
. 2007-04-13 10:57:32 RECIEVED REPORT DOORS WERE OPEN ON HOUSE
MET MCSO/WHITEHOUSE AT PROPERTY.
DOORS WERE CLOSED BUT WINDOWS STILL
REMIAINED OPEN THE WAY THEY WERE THE
DAY PROPERTY WAS POSTED. 4/12/07 BC
INSPECTIONS/ EVENTS bET AIL
IDATE lTIME IINSP jEVE TYPE INSTRUCTIONS
15/19/2009 116:11:34ICOMMENT CODE IN COMPLIANCE 6-4(A)(C)
COMPLIANCE DATE WAS: 04/06/09
R I CHECKED PERMIT 07204265 ANn All INSPECT
4/8/2009 15: 11 :32 COMMENT CODE 2~~~~~RE FINALED ON 4-6-09. CASE CAN BE
6-4(A)(C) ARE IN COMPLIANCE AS OF 4/6/09
13/26/2009 11O:15:24IsM CASE CONTINUED NO ACTION rONT TO OS/28/09.
110/30/2008111:26:40ISM CASE CONTINUED NO ACTION CONT TO 3/26/09.
110/29/2008122:47:23IcOMPLIANCE AFFIDAVIT AFF OF NON-COMPLIANCE FOR 6-4(A)(C).
1O{23{200B 111: 33: IB REINSPECTION FOR HEARING ONLY VIOLATIONS OF FIRST FLOOR HAVE
BEEN CORRECTED AS OF 3-17-09. ADDNL
PERMITS ARE RQUIRED FOR THE OTHER
FLOORS OF THE HOUSE.
10/21/2008113:31 :OlICOMMENT CODE REQUEST FOR CONTINUANCE GRANTED BY
COUNTY ATTORENY AND WILL BE CONT TO
3/26/09.
10/20/2008113:30:22ICOMMENT CODE REQUEST FOR CONTININUANCE REC'D FROM
MARCIA TURNER.
5/29/2008 115:01:32!SM CASE CONTINUED NO ACTION CONTINUED TO OCTOBER 30 2008
5/29/2008 Ill:33:01!SM CASE CONTINUED NO ACTION ICONTINUE TO 10/30/08.
4/24/2008 120:10:11lsM CASE CONTINUED NO ACTION ICONTINUED TO OS/29/08
4/21/2008 115:42:00ICOMMENT CODE SPECIAL MAGISTRATE HAS CONTINUED THIS
CASE TO MAY 29TH 2008
4/16/2008 115:41:46 COMMENT CODE REQUEST TO CONTINUE
4/14/2008 115:27: 27 COMMENT CODE $54.00 IN RECORDATION FEES ADDED TO
COST
13/27/2008 111:31:42 SM CASE CONTINUED NO ACTION CONTINU ED TO 04/24/08
12/28/2008 114:58: 13 SM CASE CONTINUED NO ACTION CONTINUED TO MARCH 27TH 2008
12/21/2008 116:33: 24 REINSPECTION FOR HEARING NON COMP
11/31/2008 110:17:04IsM CASE CONTINUED NO ACTION CONTINUED TO 02/28/08
~I FINDING OF FACT CONCLUSIONS OF LAW &
12/26/2007 13:02:54 COMMENT CODE ORDER RECORDED BK 2337 PGS 1706-1709
Ill/29/2007117:00:35IsM CASE CONTINUED NO ACTION CONTINUED TO 01/31/08
19/27/2007 116:32:39IsM CASE CONTINUED NO ACTION lCONTINUED TO 11/29/07
19/20/2007 111'26'39ISENT TO LIAISON REQUEST TO CONTINU E RECEIVED GIVEN TO
. . INSPECTOR
IlJ/20/2007 11l:23:39IREINSPECTIONFOR HEA~ING. jNONCOMP. --..-
20f3 6/2/20093:00 PM
Code Enforcement Detail ~ttp://oss.monroecollnty-tl.gov/code _ dtl.asp?case _ no=CE06120 166
J7/27/2007 111:22:43IsM CASE CONTINUED NO ACTION ICONTINUED TO 09/27/07
J7/20/2007 109:08: 151REINSPECTION FOR HEARING NOT COMPLIANT
J5/31/2007 22:54:24 ISM CASE CONTINUED NO ACTION CONTINUED TO JULY 27TH 2007
14/26/2007 14:45:39 SM CASE CONTINUED NO ACTION CONTINUED TO 05/31/07
14/19/2007 1O:25:48!REINSPECTION FOR HEARING ICONTINUED
4/5/2007 16:57:17ICOMMENT CODE ADDED FINE ON 6-4(A)(C)
START DATE: 03/29/07 FINE AMT: 500.00
3/29/2007110,24,42 IMPosmON OF PENAm FINE IMPOSED TO BEGIN RUNNING AS OF
03/29/07 @ $500.00 PER DAY. CASE IS TO
BE REVIEWED ON A MONTHLY BASIS "NO
OCCUPANCY" ORDER IS TO REMAIN IN PLACE.
13/9/2007 113:57:13ICOMMENT CODE ORDER IMPOSING PENALTY RECORDED
BK 2337, PGS 1710 & 1711
2/22/2007 15:26:14ICOMMENT CODE COSTS LEVIED $100.00 TO BE DIVIDED BE-
TWEEN TENANT & OWNER
VIO. $100 ADMIN COSTS RESEVED ON FINES
NO OCCUPANCY OF HOME IS ALLOWED UNTIL
2/22/2007 13:58:07 FINDING OF FACT FOLLOWING THE MARCH 29TH 2007 HEARING
INSPECTION OF RESIDENCE ORDERED BY
SPECIAL MAGISTRATE TO DETERMINE UNSAFE
COMPo 03/22/07 HEARING 03/29/07
2/15/2007 108:41:14IREINSPECTION FOR HEARING INON COMPLIANT
11/25/2007 114:46:42IsM CASE CONTINUED NO ACTION ICONTINUED TO 02/22/07
11/18/2007 10:06:39IREINSPECTION FOR HEARING ICASE WAS CONTINUED DUE TO ATIY'S REQUEST
112/20/2006 22:35:29ICERTIFIED ON HEARING NOTICE ISERVICE GOOD
112/19/2006 10:06:07IHEARING NOTICE SENT HEARING NOTICE & UNSAFE NOV MAILED TO
OWNER FOR 01/25/07 HEARING
12/14/2006 10:30:05ICOMMENT CODE PREPARED CASE FOR SM
PASSED TO SUPERVISOR FOR APPROVAL
~l HEARING NOTICE & NOV OF UNSAFE HAND
12/14/2006 10:05:09 HEARING NOTICE SENT SERVED TO TENANT (VIO 1) MARCIA TURNER
112/14/2006 09:48:50IcOMMENT CODE IPASSED TO VILMA FOR SM
112/14/2006 09:42: 141REFERRAL TO BUILDING OFFICIAL IPREPARED UNSAFE. MEMO
112/14/2006 08:52:02IcREATE A CASE IVIOLATION RECORDED NORMANR
30n 6/2/20093:00 PM