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Item P05BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 18 2008 Division: Coun Attorney Bulk Item: Yes XX No Staff Contact Person: G�nthia L. Hall x3470 AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Faresh Miguel Ataia in Code Enforcement Cases CE06070204, CE06070205, CE06070206 and CE06070207. ITEM BACKGROUND: On August 14, 2006, the property owner was cited for violation of three counts of Monroe County Code of Section 64(a)(c), structurally unsafe abandoned mobile home and house in Code Enforcement Case CE06070204, 06070205, and 06070206. On the same day, the property owner was also cited for violation of 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 8-17(a), trash and debris throughout the property; and Section 8-17(b), tall weeds and grass throughout the property in case CE06070207. On April 6, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set compliance for April 19, 2007, after which a fine would begin to run in the amount of $250.00 per day per count for unsafe structures and $100.00 per day per count for the other three counts. The fines as of May 1, 2008, amount to $394,224.00. No portion of the fines has been paid. Other than the 19-95 violation, none of the other violations have been corrected. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: COST TO COUNTY BUDGETED: Yes —No _ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No — AMOUNT PER MONTH Year _ APPROVED BY: County Atty 4 OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE a . LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, vs. FARESH MIGUEL ATALA Respondent(s). Docq 1668722 10/30/2007 10:13AM Filed & Recorded in official Records of MONROE COUNTY DANNY L. KOLHAGE CASE NO.CE06070204 Docq 1668722 Bktt 2328 Pg#t 1974 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on December 15' 2006, 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): §64(a)(c), structurally unsafe abandoned mobile home. Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by March 22" 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $250.00;(TWO HUNDRED -FIFTY 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 Link 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 $250.00 (TWO HUNDRED - FIFTY DOLLARS), per day, beginning April 20' 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: ISLAND OF KEY LARGO, PT LOT 8, MONROE COUNTY, FLORIDA on o (RE:000873d0-000Q00); 0 Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk00 CD co 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. CH 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 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. EltnavVilliams '"A. Commission # CD2�2DQ9 =;�• $ Expires December Notary Public �i pv, •� Bonded Troy Fain Insurance Inc 890-386.7019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished Vhe Respondent(s) attorney, Nicholas Mulick, via fax at (305)852-8880, this ay of September, 2007. Karen L. Code En MONROE COUNTY OFFICIAL RECORDS Liaison 2 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE06070204 Petitioner. Vs. FARESH MIGUEL ATALA Respondent(s) . FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER *AMENDED* THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on March 29' 2007, and the Special Magistrate, having reviewed the evidence, heard testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the premises, makes the following findings of fact, conclusions of law and order as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owners of record of property located at PT LOT 8, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA (RE#00087340-000000); 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 April 191" 2007. A compliance / review hearing will be held on April 26"' 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, $250.00 (TWO HUNDRED - FIFTY DOLLARS) 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). (PAID ON 02/09/07) 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 violatoo(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 rights to appeal. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this day of April, 2007. Lar artin 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 this4' day of April, 2007. Notary Public ,gR�:���. Elma Willsams N)4sl642 :r �=Commission # Expires December 2, 200 B mdcdTsop Fain inwrance Inc 64tldB5 7pV9 2 EXHIBIT "A" COUNT 1. 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(S): COUNT 2. 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 I HEREBY CERTIFY that a true and correct copy of the above has b7AofApril,2007. shed to the Respondent(s) attorney, Nicholas Mulick via fax at (305)852- 880, this L Code En rcement Liaison Karen L. Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, vs. FARESH MIGUEL ATALA Respondent(s). 1 CASE NO. CE06070206 Doc# 1668724 10/30/2007 10:13AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Doc# 1668724 Bk# 2328 P9N 1978 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on December 15' 2006, 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): §64(a)(c), structurally unsafe abandoned house. Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by March 22" 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $250.00,.(TWO HUNDRED -FIFTY 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 Link testified that the violation(s) had not been corrected. ACCORDINGLY, the Special Magistrate fording 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 $250.00 (TWO HUNDRED - FIFTY DOLLARS), per day, beginning April 20'h 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: W o ISLAND OF IQ.Y LARGO, PT LOT 8, MONROE COUNTY, FLORIDA �* N (RE:00087340-000000); cn cn CID 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 M day of September, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY—� Larry J. Sa Code Enforce ent 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 September, 2j0,0�7. U� P��•. Elma Williams =�a Commission # DD481642 Notary Public •. 0Expires Deoember 2, 2009 `� Bonded Trey Fain Insurance. MC 800385 7019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished a Respondent(s) attorney, Nicholas Mulick, via fax at (305)852-8880, this day of September, 2007. Karen L. Bass, Code nforcement Liaison MONROE COUNTY OFFICIAL RECORDS 2 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE06070206 Petitioner. vs FARESH MIGUEL ATALA Respondent(s). FINDINGS OF FACT CONCLUSIONS OF LAW, AND ORDER �T *AMENDED* THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on March 29'h 2007, and the Special Magistrate, having reviewed the evidence, heard testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the premises, makes the following findings of fact, conclusions of law and order as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owners of record of property located at PT LOT 8, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA (RE#00087 340-000000) ; 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 April 19' 2007. A compliance / review hearing will be held on April 26" 2Q07. 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, $250.00 (TWO HUNDRED - FIFTY DOLLARS) 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). (PAID ON 02/09/07) 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, p appeal. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this 611f day of April, 2007. L r artin 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 c "A day of April, 2007. 0,-Mk . Notary Public Elma Williams :* commission # DID481642 Expires December 2, 2009 � t Bondad7ray Fain Inwrancc In, a00•365.7019 2 EXHIBIT "A" COUNT 1. Pursuant to Monroe County Code §64(a)(c) Unsafe buildings.(a) Abatement Requited: 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( : COUNT 2. 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 I HEREBY CERTIFY that a true and correct copy of the above has been shed to the Respondent(s) attorney, Nicholas Mulick via fax at (305)852-8 0, thisday of April, 2007. Code Enfor ement Liaison Karen L. B ss Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050, BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, VS. FARESH MIGUEL ATALA Respondent(s) . CASE NO.CE06070205 Doc## 1668723 10/30/2007 10:13AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Doc# 1668723 Bk4 2328 P9# 1976 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on December 15" 2006, 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): §64(a)(c), structurally unsafe abandoned mobile home. Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by March 22°d 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $250.00;(TWO HUNDRED --FIFTY 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 Link 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 $250.00 (TWO HUNDRED - FIFTY DOLLARS), per day, beginning April 20' 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: co o ISLAND OF KEY LARGO, PT LOT 8, MONROE COUNTY, FLORIDA � a (RE:00087340-000000); 00 Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk _ w of the Courts for Monroe County, Florida. cn 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. S i Code Enforce nt 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. F. WITNESS my hand and official seal in the County and State last aforesaid this dayof September, 2007. QzP p� Elma Williams Commission # DD481642 Expires December 2, 2009 Notary Public +'fie rs� Bonded Troy fain Insurance Inc 800M5d019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished Respondent(s) attorney, Nicholas Mulick, via fax at (305)852-8880, this ay of September, 2007. 1A Karen/L. Bass, Code[Enforcement Liaison MONROE COUNTY OFFICIAL RECORDS 2 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE06070205 Petitioner. vs FARESH MIGUEL ATALA Respondent(s) . FINDINGS OF FACT CONCLUSIONS OF LAW, AND ORDER *AMENDED* THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on March 29" 2007, and the Special Magistrate, having reviewed the evidence, heard testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the premises, makes the following findings of fact, conclusions of law and order as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owners of record of property located at PT LOT 8, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA (RE#00087340-000000) ; 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: I 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 April 19`}' 2007. A compliance / review hearing will be held on April 26" 2Q07. 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, $250.00 (TWO HUNDRED - FIFTY DOLLARS) 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). (PAID ON 02/09/07) 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 right4 to appeal. DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this day of April, 2007. L rtin 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 b� day of April, 2007. UM(fL Notary Public Elma Williams Commission # DD481642 T' a Expires December 2, 2009 it Bonded Tmy Fain insurance Inc 800.885.7618 EXHIBIT "A" COUNT 1. 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(S): COUNT 2. 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 a I HEREBY CERTIFY that a true and correct copy of the above has been fu ished to the Respondent(s) attorney, Nicholas Mulick via fax at (305)852-p80, this �y of April, 2007. Code gntrcement Liaison Karen L. Pass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, vs. FARESH MIGUEL ATALA Respondent(s). 1 CASE NO.CE06070207 Dodd 1668725 10/30/2007 10:13AM Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Doen 1668725 Bk# 2328 Pga 1980 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on December 15' 2006, 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): §19-95, §8-17(a) and §8-17(b). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by March 22' 2007, and further, 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 August 30' 2007, Inspector Link 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 April 20' 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). I THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: CU d ISLAND OF KEY LARGO, PT LOT 8, MONROE COUNTY, FLORIDA (RE:00087340-000000); mCD co 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 CD 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 i 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 9f September, 2007. Em V� Uw' n) I a Williams `a., =+ Commission # p0481642 Notary Public �i� Expires December 2, 2009 11 Pik BundedTroff n ineusa mine WO355d019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished t e Respondent(s) attorney, Nicholas Mulick, via fax at (305)852-8880, this ay of September, 2007. Karen L. ass, Code Enf rcement Liaison MONROE COUNTY OFFICIAL RECORDS 2 BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE06070207 Petitioner. Vs. FARESH MIGUEL ATALA Respondent(s). FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER *AMENDED* THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on March 29" 2007, and the Special Magistrate, having reviewed the evidence, heard testimony under oath and argument of counsel (if any), and being otherwise fully apprised of the premises, mares the following findings of fact, conclusions of law and order as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. That the Respondent(s) is/are the owners of record of property located at PT LOT 8, ISLAND OF KEY LARGO, MONROE COUNTY, FLORIDA (RE#00087340-000000); 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 April 19"' 2007. A compliance / review hearing will be held on April 26"' Z007. 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 fine has been levied for the administrative recovery for prosecution and investigation in the amount of $100.00 (ONE HUNDRED DOLLARS). (PAID 02/09/07) 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 April, 2007. STATE OF FLORIDA COUNTY OF MONROE ,% Larry . artin Code Enforcement Special Magistrate I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared. J. JEFFERSON OVERBY, 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 -t0l� day of April, 2007. VV ' Notary �oQ. ...�, Elms WltliamS - ' Commission # DD481642 r:; Expires December 2, 2009 �>`iFi�INI aondedTmyFmn lnsumnce int 8CO-355.7019 Z EXHIBIT "A" •; j M COUNT 1. Pursuant to Monroe County Code § 19-95 - Abandoned vehicles. Within all land use districts, except I districts, all vehicles which are inoperative and/or unlicensed for a period of ten (10) days shall be prohibited on any public right-of-way or on private property except within a completely enclosed garage. COUNT 2. Pursuant to Monroe County Code §8-17(a) — Premises to be cleaned and mowed. (a) For the purposes of promoting the health, safety and general welfare of the residents of the county, all lands inside and outside of subdivisions, including vacant lands, and improved property within the unincorporated area of the county, shall be kept cleared of debris, garbage, litter, yard trash, refuse, special solid waste, solid waste, trash, industrial waste and/or which tend to be a breeding place or haven for snakes, rodents, insects, and vermin of all kinds and character, and/or which tend to create a fire hazard, endanger the lives and property of the residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or which render the soil or air impure, unwholesome, or unhealthful. CORRECTION(S): COUNT 1. Either remove the abandoned vehicle, or place it in a completely enclosed garage. Vehicles are required to be registered and operable. s COUNT 2. Remove all debris, garbage, litter and/or items specified by the Code Enforcement inspector. Removal of said materials does not authorize the cutting or removal of native or other vegetation without a permit if required. CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 I HEREBY CERTIFY that a true and correct copy of the above has beePshed to the Respondent(s) attorney, Nicholas Mulick via fax at (305)852�8880, this y of April, 2007. Code forcement Liaison Karen 9. Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050.