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Item P03BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 18, 2008 Division: CounAttorn� 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 Victor Lal~ond in Code Enforcement Case CE07010108. ITEM BACKGROUND: On January 10, 2007, the property owner was cited for violation of Monroe County Code of Section 9.5- 111(1), building without a permit for a concrete slab in the front yard and a concrete block wall in the rear yard. On July 27, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set compliance for August 23, 2007, after which a fines would begin to run in the amount of $200.00 per day. As of May 14, 2008, the property owner had not applied either fora building permit and fines amount to $52,918.50. PREVIOUS RELEVANT 13OCC ACTION: None CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes _ No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ �No l _ AMOUNT PER MONTH Year _ APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Includev x Not Required DISPOSITION: AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA DocAM MONROE COUNTY FLORIDA File 16Recor tin official cords of � Filed &Recorded in Official Records of Petitioner, MONROE COUNTY DANNY L . KOLHAGE VS. CASE NO. CE07010108 VICTOR LAFOND Doc# 1668720 Respondent(s). BkU 2328 Pg# 1970 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on July 27"' 2007, 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 Magistrate heard testimony under oath, received evidence, and issued his Order finding the Respondent(s) in violation of Monroe County Code Section(s): §9.5- 111(1). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by August 23`d 2007, and further, that failure to correct the violation(s) by the compliance date would 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 August 30' 2007, Inspector Corcoran 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 $200.00 (TWO HUNDRED DOLLARS), per day, beginning August 24' 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 cost in the amount of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery for prosecution and investigation. 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 VIOLATOR(S). THE VIOLATIONS) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: BK 16, LT 4, FIRST ADDN TO PIRATES COVE, P133-87, KEY LARGO, MONROE COUNTY, FLORIDA (RE:00495100-000000); Pursuant to Section 162.09, Florida 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 day of September, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY Larry J. Sa Code Enforcement Special Magistrate STATE OF FLORIDA BkU 23288 "PgN 1971 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 hand and official seal in the County'.and State last aforesaid this day of September, 2007. E1ma Williams f OK Commission # DD481642 !� 9, Expires December 2, Notary Public gendedTroy Fain Snsuiance.lnc 800.369d019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s) at 110 Long Ben Rd., Key L FL 3303 an at the Monroe County MCourthouse and on site, this �ay of 007. /] f Karen Bass, Code Efiforcement Liaison MONROE COUNTY OFFICIAL RECORDS ►a BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE07010108 Petitioner. VS. VICTOR LAFOND Respondent(s). FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate on July 27' 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 findings of fact and conclusions of law: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owner of record of property located at: BK 16, LT 4, FIRST ADDN TO PIRATES COVE PB3-87, KEY LARGO, MONROE COUNTY, FLORIDA (RE# 00495100-000000); 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: e 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 August 23" 2007. A compliance / review hearing will be held on August 30`t' 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 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 cost in the amount of $100.00 (ONE HUNDRED DOLLARS) has been levied for the administrative recovery for prosecution and investigation. E. In the event of nonpayment of fines/liens imposed, a certified copy of an order imposing a fine may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator(s). F. You have the right to appeal this order to the Circuit Court'of Monroe County. If you wish to appeal, you must do so no later than thirty (30) days from the date of this Order. Failure to timely file a written Notice of Appeal will waive your right to appeal. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this 3� day of August, 2007. Larry J. Code Enforcement Special Magistrate STATE OF FLORIDA COUNTY OF LEON I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 2'0" day of August, 2007. Notary Public�,,, Elm a Williams � Commission # DD481642 =�f E ['ires December 2, 2009 '�'$;p,;;;�"�� gonded7m� Pans insurance lnc S00.385dp19 EXHIBIT "A" COUNT 1. Pursuant to Monroe County Code §9.5-111(1) --A building permit is required prior to the following: (1)Any work specified in chapter 6.0; concrete slab and block wall have been placed without benefit of permit or inspections. COUNT 1. Contact the Monroe County Building Department and either (1) obtain all necessary permits and inspections or (2) obtain a demolition permit and remove as directed. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 Middle Keys (305)289-2810 Lower Keys (305)292-4495 I HEREBY CERTIFY that a true and correct copy of the above has been furnished t Respondent(s) via first-class mail at 110 Long Ben Drive, Key Largo, FL 33037, this y of August, 2007. Code Inforcement Liaison Karen . Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050.