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Item N05Meeting Date: March 19, 2008 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Cynthia L. Hall AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with George Smith, Jr. and Edna Smith in Code Enforcement Case CE06090065. ITEM BACKGROUND: On September 11, 2006, Mr. and Mrs. Smith were cited for violation of Monroe County Code Section 6- 4(a)(c), unsafe structure, and Monroe County Code Section 9.5-111(1), alterations to structure done without the benefit of permits and approvals. The case was brought before the Special Magistrate on January 25, 2007, at which time Mr. and Mrs. George Smith were found in violation.. The Special Magistrate set compliance for February 15, 2007, after which time a fine would begin to run in the amount of $250.00 per day being imposed for the charge of Section 6-4(a)(c), and $100.00 per day being imposed for the charge of Section 9.5-111(1). As of February 13, 2008, this property has not come into compliance and as of February 22, 2008, total fines owed are $130,318.50. 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 x No AMOUNT PER MONTH Year APPROVED BY: County Atty tyx OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # DocH 1641388 0 / 7/2007 10:37AM Door 26413ss Filed & Recorded in Official Records of Bkfl 2292 PoH S72 MONROE COUNTY ANY t. , KOLHA5E BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE +q LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA Petitioner, v5. rRDNA SMITH Respondent(s). CASE NO. CE06090065 ORDER IMPOSING PENALTY/LIEN THIS CAUSE having come on for public hearing before the Special Magistrate on January 25' 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): §64(a)(c), §9.5-111(1). Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by February 15' 2007, and further, that failure to correct the violation(s) by the compliance date may result in a fine $250.00(TWO HUNDRED -FIFTY DOLLARS) per day, being imposed for the charge of §64(a)(c), and $100.00 (ONE HUNDRED DOLLARS) per day, being imposed for the charge of §9.5-111(1), each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on February 22' 2007, Inspector Corcoran testified that the following violation(s) had not yet been corrected: §6-4(a)(c) & §9.5-111(1). 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 count, per day beginning February 16' 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 ! ) ON WHICH PROPERTYTHE VIOLATION(S) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL OWNED BY THE VIOLATOR(S). 1 DOCK 1641388 THE ! ON THE FOLLOWINGDESCRIBED KEY, MONROE COUNTY, FLORIDA (RE#00222990-000000); 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 erf day of March, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. EY,,�r..,, , Larry J. S e 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. Sai-tin, 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 March, 2007. Commission# DD481642 Notary Public Q,` E)(pires December 2, 2009 +� lPiiia V BvntladTroyFain Insurance inc 006-30.704 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 28231 Dorothy Ave., Little Torch Ivey, Fi a, 33042 posted at the Monroe County Courthouse, and posted on property, this y of Marc, 2007. Karen T. Bass, Code nforcement Liaison 2 i9 L ,.. ,3 MONROECOUNTY, i Da MONROE COUNTY, FLORIDA, CASE NO. CE06090065 Petitioner. VS. GEORGE SMITH, JR. and EDNA SMITH Respondent(s) . � , . i � ,i is .. i. � :. � a ► ;: THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on January 25" 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 LAST 1. That the Respondent(s) is/are the owners of record of property located at BK 2, LT 15, AMD PLAT THE LATHES ACRE, LITTLE TORCH KEY, MONROE COUNT', FLORIDA (RE# 00222990-000000); 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. Respondents) is/are in violation of the Monroe County Code(s) and is/are ordered to comply with the provisions of said codes by February 15"' 2007. A compliance 1 review hearing will be held on February 22" 2007. E. Upon complying, espondent(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, with regard to the charge of §64(a)(c) and $100.00 (ONE HUNDRED DOLLARS) per day, with regard to the charge of §9.5--111(1), for each day thereafter that Respondent(s) is/are in violation. D. Pursuant to Florida Statutes Section 162.07, a fine 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, Leon Code Enforcement Special Magistrate 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 2007. O Claudia D.nito Notary Public CarflMlsdovi DD533276 2 Expires July 25, 2010 k°ti Ar, Y¢u�Fvk-hjuarc+na,In E�;93.70Yo EXHIBIT "A9' COUNT 1. Pursuant to Monroe County Code § 64(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." COUNT 2. 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 is required for all alterations to this structure. 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 been furnished to the R on ent(s) via fir t-class mail at 25231 Dorothy Avenue, Summerland Key, FL 3302, this day of r , 2007. Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050.