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Item N074 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19, 2008 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Cynthia L. Hall AGENDA ITEM WORDING: Authorization to institute collection proceedings and/or enter settlement negotiations with Martha Hardin c/o N.. Kelley in Code Enforcement Case CE05080141. ITEM BACKGROUND: On August 10, 2005, Ms. Hardin was cited for violation of Monroe County Code Section 6-38, working through a Stop work order issued August 5, 2005, and Code Section 9.5-111(1), adding siding and windows without a permit. The case was brought before the Special Magistrate on June 20, 2006, at which time Ms. Hardin was found in. violation. The Special Magistrate set compliance for July 27, 2006, --- after which a fine would begin to run in the amount of $250.00 per day. Violations were brought into compliance on October 23, 2006, and Ms. Hardin requested a mitigation of the fines due. An Amended Order Imposing Penalty/Lien was executed on February 2, 2007, indicating settlement of fines in the amount of $3,610.00 to be paid within 90 days of the execution of same. This was not paid within the 90 days and pursuant to a clause in the amended order the fines revert back to the original amount of $36,100.00, 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 No _ AMOUNT PER MONTH Year APPROVED BY: County Attyrx OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Filed 9 Recorded in Offioi&l Records 0F' MARTHA HAR.DIN Docft 1646879 Respondent(s). MR 2300 P9N 2 ORDER IMPOSING PENALTYILIEN *AMENDED* THIS CAUSE having come on for public hearing before the Special Magistrate on -� June 20`' 2006, 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): §6-35 and §9.5- 111(1); Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s) by June Wh 2006, and further, that failure to correct the violation(s) by the compliance date may result in a fine, per day, being imposed for each day thereafter that there is noncompliance. At the meeting of the Special Magistrate held on January 25'h 2007, testimony was heard that the violations had been corrected by October 23`d 2006. On January 25' 2007, the Respondent(s) requested mitigation of fines due. ACCORDINGLY, the Special Magistrate finding that the violation(s) had been corrected, as previously ordered, it is hereby: ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the amount of $3,610.00(THREE THOUSAND, SIX HUNDRED and TEN DOLLARS), due to be paid within the next 90 (ninety) days following the date of the hearing. If payment does not occur within the next 90 days, the fines will revert to the original amount of $36,100.00, and this lien will be recorded. THE VIOLATION(S) EXISTED ON THE FOLLOWING DESCRIBED PROPERTY.INDIAN MOUND ESTATES, PB4-132, SUGARLOAF KEY, LOTS 35 36, BIB 9, MONROE COUNTY, FLORIDA (RE:00171110-000000); DucH 1646879 8RH 2300 PON 3 Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the Courts for MomQe County, Florida. DONE AND ORDERED this Lj T day of 2007, at the Division of Administrative Hearings, Tallahassee, Leon County, Florida. BY Larry J. Sa ti Code Enfo c ent Special Magistrate 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 200 . o�ARY "Oo% Claudia D. Llado 7�° Commission * DD533276 010 o ary Public a��trV Expires JI�, 2010 Ift ®cs7o1s 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) Attn: N. Kelley, 328 S. Saginaw St., Citizens Bank Wealth Mgmt, NA mail Code 001061, Flint, MI 48502 and to 19560 Tequesta St., Sugarloaf Ivey, FL 33042, this day of "ae , 2007. e � .sl %' L. Bass, Enforcement Liaison M �u, THIS CAUSE having come before the Code Enforcement Special Magistrate for a public hearing on June 2e 2006 ,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: 1. That the Respondent(s) is/are the owners of record of property located at INDIAN COUNTY, FLORIDA (RE# 00171110^0 0 )9 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 pat ticularly described in Exhibit "A", which is attached hereto and incorporated herein. Therefore it is A. Respondent(s) Ware in violation of the Monroe County Code(s) and is/are ordered to comply with the provisions of said codes by June 2& 2006. A compliance / review hearing will be'?eld on July 27"' 2006. 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, 250.00 (TWO HUNDRI + D- TY DOLLARS), per day, for each day thereafter that Respondent(s) is/are in violation OF §9.5-11.(1). A one time fine in the amount of $5, 0. (FIVE THOUSAND DOLLARS) was levied for the charge of §6-38 as irreparable. 'There is no compliance for this charge. 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. ID® E : D at the Marathon Government Reg' nal Center, ar thon, Florida, this Vay June, 2 6.� Notai Public v Karon L: ��s MY C-ITFUMMM333077 cx� ros June 249, MS 2 EXHIBIT "A'9 m COUNT 1. Pursuant to Monroe County Code §9.5-111(1) A. building permit is required prior to the following: (I)Any work specified in chapter 6.0; COUNT 2. Pursuant to Monroe County Code §6-3 — Working through a stop work order / red tag.. eirma, . i 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. COUNT 2. This is considered an irreparable charge and there is no correction. �. I '. 7 MR, ? =, 1. I�; 1�3 I i 1� ( € Upper Keys (305)852-7135 fiddle Keys (305)289-210 Lower Keys (305)292-4495 I HI BY CERTIFY that a true and correct copy of the above has been furnished to the Respondent(s) via first-class mail at 32 inaw St., Citizens Bank Wealth Mgmt. NA mail Code 001061, Flint, MI 48502, this day of Jane, 2006V Code E#foreement Liaison Karen It. Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050.