Item P04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18, 2008 Division: County Attorney
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 Cross Key
Marina, LLC, in Code Enforcement Case CE07010201.
Igo 010 ■ Mxe]-4104_"Melli"11
On January 18, 2007, the property owner was cited for violation of Monroe County Code of Section 9.5-
111(1), building without a permit (new doors, windows and tile floors at commercial property). On
August 30, 2007, the Special Magistrate issued a fmding of violation. The Special Magistrate set
compliance for September 20, 2007, after which fines would begin to run in the amount of $100.00 per
day. As of April 23, 2008, the property owner had still not applied for a building permit. Outstanding
fines currently amount to $23,818.50 and continue to accrue.
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 N AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
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MONROE COUNTY, FLORIDADoch File 1 Recorded
tin official c2 ds of
Filed &Recorded in Official Records of
Petitioner, MONROE COUNTY DANNY L . KOLHAGE
vs. CASE NO. CE07010201
CROSS KEY MARINA, LLC Docn 1674311
Respondent(s). Bk# 2336 PqU 219
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
August 30`h 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 September 2W1 2007, and farther, that failure to correct the violation(s)
by the compliance date would result in a fine $100.00,( ONE HUNDRED DOLLARS)
per day, being imposed for each day thereafter that there is noncompliance. At the
hearing of the Special Magistrate held on September 271 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 $100.00 (ONE HUNDRED DOLLARS), per day, beginning September 21"
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 VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: to o
MONROE PARK,. PB3-140, CROSS KEY, LOT 3 & PT MORRIS AVE., KEY
LARGO, MONROE COUNTY, FLORIDA (RE:00572840-000000)
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Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk
of the Courts for Monroe County, Florida.
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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 ! 7 day of October, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY L ry
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 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 October, 2007.
Elma Williams
commission it DD481642
=: Expires December 2, 2009
Notary Public u0Bonded Tiny Pam insurance Inc 800-385-7919
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 RespondenA&o
attn: Julie Hurst (Mgrm) P.O. Box 120277, Ft. Lauderdale, FL 33312-0277, this '� r
day of October, 2007. ,
Karen L. Bass
Code Enforcelnent Liaison
MONROE COUNTY
OFFICIAL RECORDS
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY 1. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, CASE NO. CE07010201
Petitioner.
VS.
CROSS KEY MARINA, LLC
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 August 30' 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:
MONROE PARK, P133-140, CORSS KEY, LOT 3 & PT MORRIS AVE., KEY
LARGO, MONROE COUNTY, FLORIDA (RE#00572840-000000);
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:
1
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 September 20' 2007. A compliance /
review hearing will be held on September 27"' 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, $100.00
(ONE 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 day of September, 2007.
Larry J. S
STATE OF FLORIDA Code Enforcement Special Magistrate
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
day of September, 2007.
Notary Public
.�P'::a:;�•, Elma Williams
#° Commission # DD481642
Expires December 2, 2009
�• 41"r, PR-,6ondedTroy Fain Insurance W 800.385-7019
2
EXHIBIT "A"
COUNT 1. Pursuant to Monroe County Code §9.5-11 l (l )-- A building permit is required
prior to the .following: (1)Any work specified in chapter 6.0; renovations without benefit of
permit or inspections.
COUNT 1. Contact the Monroe County Building Department and either (1) obtain an after the
fact permit and all inspections required, 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 to the
Respondent(s) via first-class mat Julie Hurst, Mgrm., at P.O. Box 120277, Ft.
Lauderdale, FL 33312, this ay of September, 2007.
Code Enfor ment Liaison
Karen L. Ba s
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798
Overseas Highway, Marathon, FL 33050.