Item R03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: County Attorney
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING:
AuthOlization to institute collection proceedings and/or enter settlement negotiations with Wayne and
Nicola Vandenhandel in Code Enforcement Case CE060l0382.
ITEM BACKGROUND:
On March 1, 2006, the property owners were cited for violation of Monroe County Code of Section 9.5-
317(b)(1)d (more than limited storage in lower enclosure); Monroe County Code Section 9.5-
317(b)(1)d(iii) (illegal interior fInishes in lower enclosure); Monroe County Code Section 9.5-
317(b)(J)d(viii) (area enclosed below base flood elevation being used for habitation); Monroe County
Code Section 9.5-317(b)(1)d(ix) (electrical, mechanical and plumbing below base flood elevation);
Monroe County Code Section 9.5-(b)(1)d(v) (partitions); and Monroe County Code Section 9.5-
317(b)(7) (unpermitted batlu'oom built in lower enclosure). At a hearing held on September 27,2007,
the Special Magistrate found the owners in violation and ordered the property owner to COlTect the
violation by November 21,2007, after which fmes would begin to run in the amount of $50.00 per day,
per count. At a hearing of the Special Magistrate on November 29,2007, the violations were still not in
compLiance. The County's lien was recorded January 7, 2008. The violations were corrected as of
January 18,2008. Fines, costs, and recordation fee total $17,218.50. No portion of this amount has
been paid.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMl\1ENDATIONS:
Approval
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TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~~ t AMOUNT PER MONTH Year
APPROVED BY: Couoty Ally ~J-:MBlPurchaSing _ 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,
o "1677079 01/07/2008 9:24AM
F~fed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
CASE NO. CE06010382
vs.
WAYNE V AN DEN HANDEL and
NICOLA VAN DEN HANDEL
Respondent( s).
/
Doc!:! 1677079
Bk~ 2339 Pg~ 1107
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
September 27th 2007, at the Marathon Government Regional Center, located at 2?98
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):
~9.5-317(b)(1)d, ~9.5-317(b)(1)d(iii), ~9.5-317(b)(I)d(viii), ~9.5-317(b)(1)d(ix), ~9.5-
317(b)(1)d(v), ~9.5-317(b)(7)
Said Order, and subsequent orders, required the Respondent( s) to correct the
violation(s) by November 2pt 2007, and further, that failure to correct the violation(s)
by the compliance date may r~sult in a fme per day, being imposed for each day
thereafter that there is noncompliance. At the hearing of the Special Magistrate held on
November 29th 2007, Inspector Dowling testified that the violation(s) had not been
corrected:
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ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, ~t is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $50.00 (FIFTY DOLLARS) per count, per day, beginning November 22nd
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.
TillS 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).
, I
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
BK LT 11, SUMMERLAN D COVE ISLES, BK NO 4, SUMMERLAND KEY, PB6-
64, MONROE COUNTY, FLORIDA (RE:OOI98934-001100)
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 '~J< day of December, 2007, at the Division
of Administrative Hearings, Tallahassee, Florida,
~~-
BY Larry J. Sa 1
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.
'7.'::1J WITNESS my hand and official seal in the County and State last aforesaid this
2bday of December 2007.
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Notary Public
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I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by NrP' Mail, to the Respondent(s) at
846 Gulf Drive, Summerland Key, FL 33042, this ~day of December, 2007.
Karen L. Bass,
Code En orcement Liaison
Doclt 1677079
Bk~ 2339 Pg~ 1108
MONROE COUNTY
OFFICIAL RECORDS
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE06010382
vs.
WAYNEVANDENHANDELmd
NICOLA V ANDENHANDEL
Respondent( s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE having come on for public hearing before the Code Enforcement Special
Magistrate on September 27th 2007, at the Monroe County Government Regional Center, 10cated 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
fmdings of fact md conclusions of law:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the owners of record of property located at: BK L T 11,
SUMMERLAND COVE ISLES BK NO 4, SUMMERLAND KEY, PB6-64, MONROE
COUNTY, FLORIDA (RE# 00198934-001100).
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 November 21 51 2007. A compliance / reView
hearing will be held on November 29th 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 may result in the imposition of a fme, per day, for
each day thereafter that Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a cost may be levied for the administrative
recovery for prosecution and investigation.
E. In the event of nonpayment of fmes/liens imposed, a certified copy of an order imposing a fme
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, this
y~' day of October, 2007.
~~.
Larry J. Sarti
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 1. 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 9:/t:. day of
October, 2007.
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ILtnL W LJ~/)/kJ
Notary Public
,,,~~~~.f.~...~ Elma Williams
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EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code ~9.5~317(b)(1)d-Additional Standards: In all
areas of special flood hazard where base flood elevation data has been provided the following
provisions are required: (1) Residential Construction: ... Cd) ... space below the lowest floor of
an elevated structure shall be used exclusively for parking of vehicles, elevators, limited
storage or building access purposes.
COUNT 2. Pursuant to Monroe County Code ~9.5~317(b)(1)d(iii) - Additional Standards:
In all areas of special flood hazard where base flood elevation data has been provided the
following provisions are required: (1) Residential Construction:.. .d. Except as noted in
paragraph 7 of this subsection (b), the space below the 10west floor.... ..(iii) the walls of any
enclosed area below the base flood elevation in zones AI-3D, AH and AE on the community
FIRM shall be provided with openings such as vents, louvers or automatic valves which
permit the level of floodwaters within the enclosed area to match the rising and falling of
floodwaters on the outside of the structure. A minimum of two (2) openings located on
separate walls shall be provided having a minimum total net area of one (1) square iJ?ch for
each square foot of enclosed area, where the enclosed area is calculated by outside
dimensions. Openings shall be situated such that the bottom of each opening is no higher
than one (1) foot above finished grade.
COUNT 3. Pursuant to Monroe County Code ~9.5~317(b)(1)d(viii)- - Additional
Standards: In all areas of special flood hazard where base flood elevation data has been
provided the following provisions are required: (1) Residential Construction:...d. Except as
noted in paragraph 7 of this subsection (b), the space below the lowest floor. ..(viii) The area
enclosed below the base flood elevation shall not be used for human habitation.
COUNT 4. Pursuant to Monroe County Code ~9.5~317(b)(1)d(ix)~Additional Standards: In
all areas of special flood hazard where base flood elevation data has been provided the
following provisions are required: (1) Residential Construction:.. . d. Except as noted in
paragraph 7 of this subsection (b), the space below the lowest floor... (ix) Except as noted in
(b)(1)b. and d.(vi) of this subsection or required by an applicable code no electrical, mechanical
or plumbing may be 10cated below the base flood elevation.
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COUNT 5. Pursuant to Monroe County Code ~9.5~317(b)(1)d(v) The interior portion of an
enclosed area below an elevated building may not be partitioned except that garages may be
separated from storage and entryway. In the event an existing enclosure is enlarged. the walls
between the existing enclosure and the additional enclosure must be deleted. Enclosed areas
below an elevated building and laterally attached enclosed areas below base flood elevation
must be void of utilities that would service the enclosure and cannot be temperature controlled.
COUNT 6. Pursuant to Monroe County Code ~9.5~317(b)(7) -Flood hazard warning
additional standards. No enclosure below the base flood elevation shall be constructed or
3
equipped for such uses as kitchen, dining room, family room, recreation room, bedroom,
bathroom or workshop.
CORRECTION(S):
COUNT 1. There is more than limited storage. Remove all which is not considered limited
storage.
COUNT 2. Reconfigure vents as per letter from Special Projects Administrator Diane BaiL
COUNT 3. 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 4. Contact the Monroe County Building Department and either obtain a permit to
relocate, or remove as directed.
COUNT 5. Remove any partition walls and/or any utilities not meeting requirements of the
Monroe County Code.
COUNT 6. Contact the Monroe County Building Department and obtain an after the fact
permit for construction below base flood, or obtain a demolition permit and remove as required.
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 k~ed to the
Respondent(s) by mail at 846 Gulf Drive, Summerland Key, FL 33042, this 1-'f+fiayof
October, 2007.
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. Bass
nforcement Liaison
4