Item R04
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:
Authorization to institute collection proceedings and/or enter settlement negotiations with Marlene
Fontirroche Montilla in Code Enforcement Case CE07050258.
ITEM BACKGROUND:
On May 25, 2007, the property owner was cited for violation of Momoe County Code of Section
6-4(a)(c), no railings on the back side of property elevated deck.. At a hearing held on July 27,2007, the
Special Magistrate found the owner in violation and ordered the property owner to correct the violation
by August 23, 2007, after which fines would begin to run in the amount of $200.00 per day. At a
hearing of the Special Magistrate on August 30,2007, the violation was still not compliance. Fines as of
July 24,2008, total $67,118.50.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes N& AMOUNT PER MONTH Year
APPROVED BY: County Arty J~MB/purchaSing _ Risk Management _-
DOCUMENTATION: InclUded\} x. Not Required_
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DISPOSITION:
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
.LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE07050258
vs.
MARLENE FONTIRROCHE MONTILLA
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
July 27th 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 fmdings of fact and
conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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1. That the Respondent(s) is/are the owners of record of property located at
BK 3, LT 20, BLUE WATER TRAILER VILLAGE,SEC 4, KEY LARGO,
MONROE COUNTY, FLORIDA (RE#00489136-012000).
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 Momoe County Code(s) and is/are ordered to comply
with the provisions of said codes by August 23rd 2007. A compliance / review hearing will be
held on August 30th 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 fIne, per day, for
each day thereafter that Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a cost has been levied for the administrative
recovery for prosecution and investigation in the amount of $100.00 (ONE HUNDRED
DOLLARS).
E. In the event of nonpayment of fineslliens 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.
DQNij AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this
Jc/ day of August, 2007.
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Larry J. Sa .
Code Enforcement Special Magistrate
STATE OF FLORIDA
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. 1 ./
WITNESS my hand and official seal in the County and State last aforesaid this dt:?' day of
August, 2007.
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Notary Public
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2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code S 6-4(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."
CORRECTION(S):
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.
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
Respondent(s) by mail at 9350 SW 136TH St. Miami, FL 33 .6, this
furnished to the
y of August, 2007.
- ~
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nforcement Liaison
. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway,
Marathon, FL 33050.
3
MONROE COUNTY, FLORIDA
Petitioner,
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
Doc" 1674312 12/12/2007 12:18PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
CASE NO. CE07050258
vs.
MARLENE FONTIRROCHE MONTILLA
Respondent(s) .
/
Doclt 1674312
Bk~ 2336 Pg~ 221
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on July
27th 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): ~6-4(a)(c).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by August 23rd 2007, and further, that failure to correct the violation(s) by
the compliance date would result in a fme $200.00(TWO HUNDRED DOLLARS) per
day, being imposed for each day thereafter that there is noncompliance. At the hearing
held by the Special Magistrate on August 30th 2007, Inspector Corcoran testified that
the violations were not compliant. Finding the violations not corrected, the Special
Magistrate imposed fmes in the amount of $200.00 per day as of August 30th 2007 and
continued the review of the case to September 27th 2007. At the hearing of the Special
Magistrate held on September 27u1 2007, Inspector Corcoran 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, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fme in the
amount of $200.00 (TWO HUNDRED DOLLARS), per day, beginning August 30th
2007, and for each and every day thereafter that the violation(s) exist(s) and/or
contillue(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 3, LT 20, BLUE WATER TRAILER VILLAGE, SEC 4, KEY LARGO, PB6-100,
MONROE COUNTY, FLORIDA (RE:00489136-012000);
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 ~ day of October, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY
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Code Enforcement Special Magistrate
STATE OF FLORlDA
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 aclrnowledgments, personally
appeared Larry J. Sartin, personally lrnown to me, who executed the foregoing and
acknowledged before me that he executed the same.
/L p WITNESS my hand and official seal in the County and State last aforesaid this
~ day of October, 2007.
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Notary Public
,~~'l.'f.{!'!~ Elma Wimams
ff:"'~"''%:. Commission # 00481642
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I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furni~y U.S. Mail, to the Respondent(s) at
9350 SW 136th St., Miami, FL 33176, this -LP'1:ray of October, 2007.
Kare L. Bass,
Code Enforcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
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