Item N06INN
Meeting Date: March 19, 2008
Bulk Item: Yes XX No
Division: County AttoM
Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Arthur Mehr in
Code Enforcement Case CE06100026.
ITEM BACKGROUND:
On October 2, 2006, Mr. Mehr was cited for violation of Monroe County Code Section 6-20(d), Permit
403304800 for a chain link fence did not receive a final inspection and Permit #03304788 to remove and
replace a concrete slab and porch failed all of the inspections; Monroe County Code Section 8-17(a0,
large dead tree laying on its side in the front yard of the property; and Monroe County Code Section 8-
17(b), property is overgrown with grass and weeds. The case was brought before the Special Magistrate
on January 25, 2007, at which time Mr. Mehr was 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 $100.00
per day per count. As of January 25, 2008, this property has not come into compliance and as of February
22, 2008, total fines owed are $111,718.50.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACTIAGREEMENT 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
A
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA. ITEM #
■■ ► 4 i L
BEFORE THE
LARx,
MONROE COUNTY, .'' A
MONROE COUNT', FLORIDA, CASE NO. CE06100026
Petitioner.
vs.
ARTHUR MEI R
Respondents).
FINDINGS OF FACT CONCLUSIONS OF LAW —AND ORDER
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, makes the following findings of fact, conclusions of law and order as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the owners of record of property located at BR 4, LT
10,
LARGO,jEVISED PLAT OF SHERRILL PARK, PB5-47, KEY MONROE
! '! �, 11� i 11i111
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 February 15' 2007. A compliance 1
review hearing will be held on February 22"d 2007.
E. 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, $ 100.00
(ONE HUNDRED DOLLARS), per count, per day, 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 I. 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 Y-57-
day of ;� em , 2007.
a
E H "A"
COUNT 1. Pursuant to Monroe County Code §6-20(d) - Failure to Obtain Inspections:
Failure to obtain an approved inspection within one hundred eighty (180) days of the previous
approved inspection shall constitute suspension or abandonment, which shall render the
permit null and void. Any work completed without an approved inspection may be
subject to code compliance.
COUNT 2. Pursuant to Monroe County Code §8-17(a) — Premises to be cleaned an
mowed. (a) For the purposes of promoting the health, safety and general welfare of the residents
of the county, all lands inside and outside of subdivisions, including vacant lands, and improved
property within the unincorporated area of the county, shall be kept cleared of debris, garbage,
litter, yard trash, refuse, special solid waste, solid waste, trash, industrial waste and/or which tend
to be a breeding place or haven for snakes, rodents, insects, and vermin of all kinds and
character, and/or which tend to create a fire hazard, endanger the lives and property of the
residents of the county, create a traffic hazard, create a nuisance or unsanitary condition and/or
which render the soil or air impure, unwholesome, or unhealthful.
COUNT 3. Pursuant to Monroe County Code § Section 8-17(b) -- Premises to be cleaved
and mowed. (b)For the purposes of health, safety and general welfare of the residents of the
county, all commercial and residential lots, vacant or occupied, shall be kept mowed except that
or subdivisions located within public acquisition areas, publicly owned vacant lots acquired for
conservation and resource protection purposes and private vacant lots subject to a county
approved management plan.
COUNT 1. Contact the Monroe County Building Department and obtain permits and
inspections for work done, or obtain a demolition permit and remove as directed.
COUNT 2. Remove all debris, garbage, litter and/or items specified by the Code Enforcement
inspector. Removal of said materials does not authorize the cutting or removal of native or other
vegetation without a permit if required.
COUNT 3. Lot is required to be mowed.
CONTACT FOUR 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 the
epondent(s) via- • t-class mail at 5776 E. 'oxhollow give, Boca Raton, FL 33486, this
2 day of _, 2007.
Code nforcement Liaison
Kare L. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798
Overseas Highway, Marathon, EL 33050.
Door 1641302 0 /07/2007 10 7AN DocH 1642392
MONROE COUNTY, TY, FLORIDA
Petitioner,
VS.
0"11111to011zjIIV
Respondent(s).
I
CASE NO. CE06100026
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):
§6-20(d), §8-17(a), §8-17(b).
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 $100.00(ONE HUNDRED DOLLARS) per
count, per day, being imposed for each day thereafter that there is noncompliance. At
the meeting of the Special Magistrate held on February 22' 2007, Inspector Williams
testified that the following violation(s) had not yet been corrected: §6-20(d), §8-17(a),
§8-17(b).
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 SHALL CONSTITUTE A LIEN AGAINST
THE VIOLATION(S)• ` PERSONAL
PROPERTY OWNED BY THE VIO O R
D002 2641392
MR 222 P9V 581
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED
PROPERTY:BK 4�4 LT 10, REVISED PLAT OF SHERRILL PARK-, PB5-47, KEY
LARGO, MOiROE COUNTY, FLORIDA ( 00488270-000000);
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 r€day of March, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
9
BY
Larry J. Siajrr�- / ---
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 f
day of March, 2007.
ElmaVfflliams
Commission # DD481642
Expires December 2, 2009
Notary Public ,� �9�'
•i+�+ BondadTroy Pain insuranco Inc 0OO-W5,70*
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.Ay
l, to the Respondent(s) at
5776 e. Foxhollow Drive, Boca Raton, FL 33486, this of March, 2007.
Karen E. ass,
Code Enf rcement Liaison
S
2