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Item P02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21, 2008 Division: Coun!y Attorn.e Bulk Item: Yes XX No Staff Contact Person: Cynthia L. Hall x3470 AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Eldine Sands in Code Enforcement Case CE07020268 ITEM BACKGROUND: On March. 6, 2007, the property owner was cited for violation of Monroe County Code of Section 6- 4(a)(c), structurally unsafe abandoned mobile home and house; Section 19-95, an abandoned RV located between the two mobile homes, abandoned red car on back side of property and abandoned car between house and mobile home; Section 19-96, all watercraft must be properly tagged and operable; Section 8- 17(a), trash and debris throughout the property; and Section 9.5-145, accessory use storage shed. The owner was found in violation of the unsafe allegation on April 26, 2007, and given until May 24, 2007, to correct the violations or incur fines in the amount of $200 per day. The case was scheduled for a hearing on May 31, 2007 to determine whether the violation had been corrected. On May 241h, the owner requested a continuance of the May 31 st hearing to June 28th. On June 28, 2007, the Special Magistrate found that the property had passed the demo inspection on June 14th, and fines of $3,600.00 were due. The owner did not appear at the June 2007 hearing. On August 30, 2007, the Special Magistrate held a hearing at the request of the Respondent to mitigate the fines. The owner did not appear. The Special Magistrate ordered that the fines be lowered to the amount of $2,000.00 provided they were paid within 30 day, and if not, the fines would revert to the original amount and the lien would be recorded. As of May 1, 2008, the fines still have not been paid. The total amount due and owing Monroe County, Florida is $3,600.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes _ No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x o MB/Purcha sing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM 9 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA QO°e 1668730 10/30/2007013AM MONROE COUNTY FLORIDA d } Petitioner, MONROE cOUNTYDANNYL. KOLHAGE of vs. CASE NO. CE07020268 ELDINE SANDS ©och 1668730 Respondent(s). Bkq 2328 Pg8 1990 ORDER IMPOSING PENALTY/LIEN *AMENDED* THIS CAUSE having come on for public hearing before the Special Magistrate on April 26' 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): §64(a)(c). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by May 24' 2007, and further, that failure to correct the violation(s) by the compliance date may result in a fine $200.00(TWO HUNDRED DOLLARS) per day, being imposed for each day thereafter that there is noncompliance. At the hearing of the Special Magistrate held on June 28`'' 2007, testimony was heard that the violations had been corrected on June 14'h 2007, resulting in fries due in the amount of $3,600.00, (THREE THOUSAND --SIX HUNDRED DOLLARS). At the Code Enforcement Special Magistrate hearing held on August 30' 2007, the Respondent(s) requested mitigation of fines by means of a written request. ACCORDINGLY, the Special Magistrate finding that the violation(s) had been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $2,000.00 (TWO THOUSAND DOLLARS), due to be paid within the next 30 (thirty) days following the date of the hearing. If not paid within 30 (thirty) days, the fines will revert to the original amount due of and the lien will be recorded. THE VIOLATION(S) EXISTED ON THE FOLLOWING DESCRIBED PROPERTY: BK 7, LT 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS, PB3-75, MONROE COUNTY, FLORIDA (RE#00161200-000000); Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of the Courts for Monroe County, Florida. DONE AND ORDERED this day of September, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY Larry J. Code Enforcement 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 Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. ram, WITNESS my hand and official seal in the County and State last aforesaid this /7 day of September, 2007. `r , /} '` Y Via'' • alma V4iltiams Gir tX.��'l�f,fi Commission # 00482D09 Notan) Public >rxpires DecEmbEr 2, 'J •••O,9ondedFmyFa�n kneusance.tnc 840.3657019 I HEREBY CERTIFY that a true and correct copy. of the above and foregoing Order Imposing Penalty/Lien has been furnished to the Resp�t(s) via first class U.S. mail at 1631 Venetian Drive, Key West, F133040, this y of September, 2007. % /% Karen L Bass, Code E forcen MONROE COUNTY OFFICIAL RECORDS Liaison w v xo Ua as N 00m o� Lm Zr N c� w 2 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE07020268 Petitioner. VS. ELDINE B. SANDS c/o RICHARD SANDS Respondent(s). 1 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate on April 261' 2007, at the Monroe County Goverriment 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 findings of fact and conclusions of law: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the tenant of record of property located at: BK 7, LT 3, BAY POINT AMENDED PLAT, SADDLEBUNCH KEYS, MONROE COUNTY, FLORIDA (RE#00161200-000000); 2. That the Respondent(s) was/were duly noticed of this hearing; and 3. That the above -named property is in violation of the Monroe County Code as more particularly described in Exhibit "A", which is attached hereto and incorporated herein. Therefore it is 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 May 24°i 2007. A compliance / review hearing will be held on May 31512007. 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 will result in the imposition of a fine, $200 .00 ( TWO HUNDRED DOLLARS), per day, for each day thereafter that Respondent(s) is/are in violation. D. Pursuant to Florida Statutes Section 162.07, a fine in the amount of $100.00 (ONE HUNDRED DOLLARS) has been levied for the administrative recovery for prosecution and investigation. E. In the event of nonpayment of fines/liens 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 3 +_ 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 Florida. 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. vQ DONE AND ORDERED this May, 2007, in Tallahassee, Leon County, JOHN G. V Special Magistrate 0) STATE OF FLORIDA' COUNTY OF LEON I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared. J'OHN G. VAN LANINGHAM, 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 `- V--day of May, 2007. Notary Public =Q�eRY;a �,. Etma Wmiams e Commission # D0481642 =; Expires December 2, 2009 E+ Bonded Troy Fain Insurance Inc SOO-M5-7019 EXHIBIT "A" M COUNT L Pursuant to Monroe County Code §6-4(a)(c) Unsafe buildings.(a) Abatement Required: All unsafe buildings shall be abated 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 Abatement Code, shall read 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(5): 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 permit and remove all offending structures on the property. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 Middle Keys (305)289-2810 Lower Keys (305)292-4495 a I HEREBY CERTIFY that a true and correct copy of the above has been furnis e the Respondent(s) via first-class mail at 1631 Venetian Dr., Key West, FL 33040, this day of May, 2007. Code Enforcement Liaison . Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. i hereby certify this docwment to be a true an9 correct c �l�y ule original. bare L. Bass Rec ding Secretary to the Special Master 4