Loading...
Item P08BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June18, 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 Martin Nelson and Sara Lleana Lopez in Code Enforcement Case CE07010300. ITEM BACKGROUND: On January 30, 2007, the property owners were cited for violation of Monroe County Code of Section 9.5-111(1), building without a permit is required for pavers and Section 9.5-317(b)(9)(a)(b), RV not road ready, skirting in place and tongue blocked. On August 30, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set compliance for September 20, 2007, after which a fines would begin to run in the amount of $100.00 per day. As of May 14, 2008, the property owner is in partial compliance and a permit has still not been pulled for the pavers. As of May 14, 2008, fines amount to $23, 018.50. 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 _ No AMOUNT PER MONTH Year APPROVED BY: County Atty 12; MB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Doct# 1674315 12/12/2007 12:18PM Riled & Recorded in official Records of Petitioner, MONROE COUNTY DANNY L . KOL14AGE vs. CASE NO. CE07010300 1674315 NELSON MARTIN and SARA LOPEZ Bk� ►i2336 Pgo 227 Respondent(s), ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on August 30th 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 Respondents) in violation of Monroe County Code Section(s): §9.5- 111{I} Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by September 20'h 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 October 25`' 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 271h 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 0 UNIT 6-8 & 1/4Q % COMMON ELEMENTS, MANATEE COVE, A CONDO, KEY i °n LARGO, MONROE COUNTY, FLORIDA (RE:00572851-002500) w w o► Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of w the Courts for Monroe County, Florida. a cn N 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 251" day of October, 2007, at the Monroe County Government Center, Marathon, Florida. IM J Special Magistrate STATE OF FLORIDA COUNTY OF MONROE 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 John Van Laninglham, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. 4. WITNESS my hand and official seal in the County and State last aforesaid this 25`h day oPOctober,2007.,--, Notary Vublic • MV Con rhisgion ir0S83077 Expitet Ache 2&, 2008 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 2980 SW 128" Ave., Miami; Florida 33175, this 2 th day 9f October, 2007 KareiiL. Bass, Code E orcement Liaison MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE07010300 Petitioner. VS. NELSON MARTIN and SARA LLEANA LOPEZ Respondent(s). 1 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`h 2007, at the Monroe County Government Regional Center, located h 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 UNIT 6-8 & 1140 % COMMON ELEMENTS, MANATEE COVE, A CONDO, MONROE COUNTY, FLORIDA (RE#00572851-002500). 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 September 20°i 2007. A compliance / review hearing will be held on September 27' 2007. The charge of 9.5- 317(b)(9)(a)(b) has been dismissed as compliant. 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. DON D ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this day of September, 2007. Larry J. Sa . 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 P!71 day of September, 2007. Notary '"_ Cammissiar� D1)481642 e -- pe0am 2, 2009 Expires 2 B,,d,.di(uyFaln sasunncc.inc Sfl4.3B5dOlS EXHIBIT "A" VIOLATION(S): COUNT L Pursuant to Monroe County Code § 9.5-11 l(1)— A building permit is required prior to the following: (1)Any work specified in chapter 6.0; pavers placed without benefit of permit or inspections. CORRECTIONS): 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 be 'shed to the Respondent(s) by mail. at 2980 SW 128�' Ave., Miami, FL 33175, this ay of September, 2007. 1/ n Enforcement Liaison . L. Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050.