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Item P09BOARD 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 David Black in Code Enforcement Case CE07010182. ITEM BACKGROUND: On January 5, 2007, the property owner was cited for violation of Monroe County Code of Section 9.5- 111(1), building without a permit (new decking, porch rails and interior remodeling of the house). On May 31, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set compliance for June 21, 2007, after which fines would begin to run in the amount of $200.00 per day. As of May 14, 2008, the property owner had not applied either for a building permit or a demolition permit and fines amount to $65,518.50. 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 _q _ AMOUNT PER MONTH Year APPROVED BY: County Atty x r 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 Petitioner, VS. DAVID BLACK Respondent(s). DOG## 1674310 12/12/2007 12:18PM Filed & Recorded in official Records of MONROE COUNTY DRNNY L. KOLHAGE CASE NO. CE07010182 Docq 1674310 / Bk## 2336 Pg## 217 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): §9.5- 111(1). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by June 21" 2007, and further, that failure to correct the violation(s) by the compliance date would result in a fine $200.00,(TWO HUNDRED DOLLARS) per day, being imposed for each day thereafter that there is noncompliance. At the hearing of the Special Magistrate held on June 28' 2007, Inspector Borso testified that the violation(s) had not been corrected. The Special Magistrate continued the case for review to July 27"' 2007. At the hearing held on July 27`' 2007, Inspector Borso testified that the violation was not yet corrected. The Special Magistrate continued the case for review to September 27' 2007. At the hearing held by the Special Magistrate on September 27' 2007, Inspector Dowling testifying for Inspector Borso, testified that the violations 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 $200.00 (TWO HUNDRED DOLLARS), per day, beginning June 22' 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: BK 2, LT 15, SUMMERLAND KEY COVE ADDITION #6, PB5-41, SUMMERLAND KEY, MONROE COUNTY, FLORIDA (RE:00193310-000000); 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 �yl day of October, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY Larry J. Sa m 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. Elmo Wiillams V l✓ . o�� Commission # DD481642 ;r=`'`' Expires December 2, 2009 Notary Public SOMOO TMY Fam insurance ine e00385.7019 I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been furnished by U.S. ail, to the Respondent(s) at 486 Katherine St., Summerland Key, FL 33042, this y of October, 2007. Mow Karen Lj Bass, Code E orcement Liaison a= -n a na �-+ m r- o n --1 v CA BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, CASE NO. CE07010182 Petitioner. vs DAVID BLACK 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 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 tenant of record of property located at: BK 2, LT 15, SUMMERLAND KEY COVE ADDITION #b, P135-41, SUMMERLAND KEY, MONROE COUNTY, FLORIDA (RE# 00193310-000000); 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 June 215F 2007. A compliance / review hearing will be held on June 28"' 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, $200.00 (TWO 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, thisK day of June, 2007. �w Lxxry J. Sartin 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 June, 2007. Notary Public :,•qR ��� 4' Elma VVilhanis commission a%)484r42 ;•... Expires December A'?%(R'16 �� ki+j0 Bondediroy5ain f"smancemt dl}u•36�•IOky 2 EXHIBIT "A" COUNT L 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 new decking and porch rails, and interior remodel. 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 V1-f- Respondent(s) via first-class mail at 486 Katherine St. Summerland Key, FL 33042 , this day of June, 2007. k Code foreement 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.