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Item P07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 18 2008 Division: CoupAttorney Bulk Item: Yes XX No Staff Contact person: Cynthia L. HalI x3470 AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Jeffrey and Mary Mitchell in Code Enforcement Case CE04020028. ITEM BACKGROUND; On September 16, 2005, the property owners were cited for violation of Monroe County Code of Section 9.5-111(1), building without a permit (construction of an addition onto rear of house). On May 31, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set compliance for July 20, 2007, after which a fines would begin to run in the amount of $100.00 per day. As of May 1, 2008, the property owner had not applied either for a building permit or a demolition permit and fines amount to $27,918.50. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A 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/Purchasin g 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. CE04020028 Petitioner. Vs. JEFFREY MITCHELL and MARY MITCHELL 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 315` 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 BK 2, LT 3 & W'LY 1/z LOT 2, HIBISCUS PARK, PB3-166, KEY LARGO,MONROE COUNTY, FLORIDA (RE#00507460-000000). 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 July 20`h 2007. A compliance / review hearing will be held on July 27" 2007. B. Upon complying, Respondents) 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 day of June, 2007. Larry J. a 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 5/'< day of June, 2007. um(x- WG*M-�,-Ilw Notary Public Elma Vlilliams Commission # DD481642 W Expires December 2, 2009 iu"' Bonded Tray Fain Murano Inc 800.385.7019 2 EXHIBIT 44A99 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; an after the fact permit and all inspections are required for the construction of an addition. 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 bee Zrnished to the Respondent(s) by mail at 5 Hibiscus Lane, Key Largo, FL 33037,, this day of June, 2007. Code Enfor ement 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. CASE NO. CE04020028 JEFFREY MITCHELL and MARY MITCHELL DocN 1668726 10/30/2007 10:13AM Filed & Recorded in Official Records of Respondent(s). MONROE COUNTY DANNY L.. KOL.HAGE 1 DocN 1668726 Bko 2328 P9# 1982 ORDER IMPOSING PENALTYILIEN 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): §9.5- 111(1). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by July 20`h 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $100A0(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`t' 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 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). 1 090 X 0 un THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY: BK 2, LT 3 & W'LY 1/2 LOT 2, HIBISCUS PARK, KEY LARGO, MONROE 00 � COUNTY, FLORIDA (RE:00507460-000000). CD (a CD It 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 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. Notary Public ,•;�R:�� Eima Williams *I w commission # 00481642 e= Expires December 2, 2009 �� Bonded TroyFaia l um= Inc 800.395-7015 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished S.. Mail, to the Respondent(s) at 5 Hibiscus Lane, Key Largo, FL 33037 , this f September, 07. Karen V. Bass, Code 9nforcement Liaison MONROE COUNTY OFFICIAL RECORDS N