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Item P06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June_18, 2008 Division: County Attornev 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 Tracy Kamm, Leanne Kamm, Joseph Juhasz and Dina Juhasz in Code Enforcement Case CE07040019. ITEM BACKGROUND: On May 31, 2007, the property owners were cited for violation of Monroe County Code of Section 6- 4(a)(c), structurally unsafe abandoned mobile home and house, and Section 9.5-111(1), building without a permit for a new roof, skylights, balconies, staircase, windows and doors. On August 30, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set compliance for July 27, 2007, after which fines would begin to run in the amount of $150.00 per day per count. As of May 1, 2008, the fines amount to $83,518.50. The property finally passed final inspection on permit 407101008 on April 28, 2008, but no portion of the fines has been paid. 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 MONROE COUNTY, FLORIDA, CASE NO. CE07040019 Petitioner. Vs. TRACY KAMM and LEANNE KAMM and JOSEPH JUHASZ and DINA JUHASZ 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 May 31" 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 owners of record of property located at NO NAME KEY, PT LOT 5 ,MONROE COUNTY, FLORIDA (RE#00 108120- 000500). 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: t 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 June 21512007. A compliance / review hearing will be held on June 28"' 2007. The charge of §9.5-317(a) was submitted as compliant by the inspector. 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 cost has been levied for the administrative recovery for prosecution and investigation in the amount of $100.00 (ONE HUNDRED DOLLARS). 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 5 � day of June, 2007. Larry J. i 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 'FA day of June, 2007. ��� k) ALLWO Notary Public Elma Williams 2 Z7 Commission # DD481642 Ni Expires December 2, 2009 r�pii iii69nded Tmy Poii� Insurance inc 800.385.7ot9 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} 4mendment: 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." COUNT 2. Pursuant to Monroe County Code § 9.5-11l(l)— A building permit is required prior to the following: (1)Any work specified in chapter 6.0; an after the fact permit and all inspections are required for a new roof, structural changes to the roof, skylights and balconies, tree house in the front yard, and for the lower enclosure. 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 permit and remove all offending structures on the property. COUNT 2. 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 Middle Keys (305)289-2810 I HEREBY CERTIFY that a true and correct copy of the above has furnished to the Respondent(s) by mail at 19 Pearl St., Oyster Bay, NY 1i771 i ay of June, 2007. 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 Docq 1668721 10/30/2007 10:13RM MONROE COUNTY, FLORIDA Filed & Recorded in official Records of Petitioner, MONROE COUNTY DRNNY L . KOLHRGE VS. CASE NO. CE07040019 TRACY KAMM and LEANNE KAMM and JOSEPH JUHASZ and DINA JUHASZ Docq 1668721 Respondent(s). BkU 2328 P9 # 1972 1 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on May 31" 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): §6-4(a)(c) and §9.5-111(1). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by June 20' 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $150.00(ONE HUNDRED -FIFTY DOLLARS)per count, per day, being imposed for each day thereafter that there is noncompliance. At the hearing of the Special Magistrate held on August 3W, 2007, Director Norman testified that the violation(s) had not been corrected. ACCORDINGLY, the Special Magistrate funding 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 $150.00 ONE HUNDRED -FIFTY DOLLARS)per count, per day, beginning July 27' 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). 1 THE VIOLATIONS) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: NO NAME -KEY, PT LOT 5 (LOT 5), MONROE COUNTY, FLORIDA (RE:00105120-000500) c 0e w I—• Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk co IM of the Courts for Monroe County, Florida. xa 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. c DONE AND ORDERED this �Al day of September, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY Larry J. S 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. ,•Qti 4' vElma Williams j Xifs Commission # DD481642 �e Expires December 2, 2009 Notary Public Ir BondedAay Fam Insurance Inc 8004M-7019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been fu by U.S. Mail, to the Respondent(s) at 15 Pearl St., Oyster Bay, NY 11771, thisixy q September, 2007 Karen I . Bass, Code Ehforcement Liaison MONROE COUNTY OFFICIAL RECORDS 2