Item R05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20,2008
Division: County Attornev
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 Brian L. Merkey
and Glenn Mosher in Code Enforcement Case CE07030216.
ITEM BACKGROUND:
On March 20, 2007, the property owners were cited for violation of Monroe County Code of Section
6-4(a)(c) (structurally unsafe shed on the property) and two other sections. The other sections were
resolved prior to the first hearing. At a hearing held on June 28, 2007, the Special Magistrate found the
owner in violation and ordered the property owner to correct the violation by July 20, 2007, after which
fines would begin to run in the amount of $100.00 per day. The unsafe building was not removed until
October 19, 2007. Fines as of that date totaled $4,900.00. No portion of the fine has been paid to date.
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 No AMOUNT PER MONTH_ Year
APPROVED BY: County Ally ~ ~MBlPurchaSing _ Risk Management_
DOCUMENTATION: Included x Not Required_
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DISPOSITION:
AGENDA ITEM #
MONROE COUNTY, FLORIDA
Petitioner,
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
JOr-IN VAN LANINGHAM
MONROE COUNTY, FLORIDA
Doc~ 1674314 12/12/2007 12:18PM
Filed & Recorded in Official Records of
MONROE COUNTY D~NNY L. KOLH~GE
vs.
CASE NO. CE07030216
BRlAN L. MERKEY and GLENN MOSHER
Respondent( s).
Oocf:a 1674314
Bk~ 2336 Pg~ 225
/
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on June
28th 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 COill1ty Code Section(s): 96-4(a)(c);
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by July 20th 2007, and further, a fine $100.00(ONE HUNDRED DOLLARS) per day,
being imposed as of August 30th 2007, for each day thereafter that there is
noncompliance. At the hearing of the Special Magistrate held on October 25th 2007,
Inspector McCabe testified that the violation(s) had been corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) corrected,
as previously ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe COlUlty, Florida, a fine in the
amount of $4,900.00 (FOUR THOUSAND NINE HUNDRED DOLLARS). 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.
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CCcc ~~.o:fi!fffJ;IF
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH
THE VIOLA TION(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 1, LT 6, SUMMERLAND KEY GARDEN, PB5-25, SUMMERLAND KEY,
MONROE COUNTY, FLORIDA (RE#00200310-000000);
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk of
the Courts for Monroe County, FIOlida.
That upon complying, the Respondent(s) shall notify the Code Inspector in this
case, who shall reinspect the propelty and notify the Special Magistrate of compliance.
DONE AND ORDERED this 25th day of October, 2007, at the Monroe County
Government Center, Marathon, Florida.
---
(
BY
ail' , gham
rcement Special Magistrate
STATE OF FLORIDA
COUNTY OF MONROE
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 Jolm Van Laningham, 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 tIllS
25th day of October, 2007.
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~ : My Comfi1IIl81011 D03330n
~ 01 ,.J: Explfl~s June 28, 20011
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I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing PenaltylLien has been furnished by U.S. Mail, to the Respondent(s) at
25074 Hunt Lane, Summerland Key, FI /ff~ and posted at the Monroe County
Courthouse and at the above property, thi~y of. tober, 2007 ~
MONROE COUNTY
OFFICIAL RECORDS
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE07030216
vs.
BRIAN L. MERKEY and GLENN MOSHER
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 June 28th 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 findings 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 1, LT 6, SUMMERLAND KEY GARDEN, MONROE COUNTY, FLORIDA
(RE#0020031O-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. 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 July 20th 2007. A compliance / review
hearing will be held on July 27th 2007.
B. Upon complying, Respondent(s) shall notify the Code bspector in this case who shall
re-inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the abovedate 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 $100.00
(ONE HUNDRED DOLLARS).
E. In the event of nonpayment of fines/liens imposed, a certified copy of an order
imposing a fine may be recorded in the public records and shall thereafter constitute a
lien against the land on which the violation or violations exist and upon any other real
or personal property owned by the violator(s).
F , You have the right to appeal this order to the Circuit Court of Monroe County. If you
wish to appeal, you must do so no later than thirty (30) days from the date of this
Order. Failure to timely file a written Notice of Appeal will waive your right to
appeal.
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida,
this d.9{ day of July, 2007.
~~-
Larry J. Sa . -- -
Code Enforcement Special Magistrate
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STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared Larry J. Sartin, personally known to me, who executed
the foregoing and acknowledged before me that he executed the same. f) /J
WITNESS my hand and offichil seal in the County and ,State last aforesaid this t;/c"'//
day of July, 2007. / n . W, . rid :
~rL U!-f..J.-$'--I1Iv.:J
Notary Public
,~'{;}Y.'f.?'t!, Elma Williams
H'r~"'~1ff: Commission # 00481642
:'~"~ct.~~ Expires December 2, 2009 2
'fi,f'f, f,,\' Bonded Troy Fain los"ranee Ino aOO.385.7Q19
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code 96-4(a)(c) Unsafe buildings.
(a) Abatement Required: Alllillsafe buildings shall be abated using the Standard Unsafe Building
Abatement Code, 1997 edition, promulgated by the Southem Building Code Congress
lntemational, Inc., subject to all anlendments, 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." Storage shed has been determined to be
an unsafe stmcture.
CORRECTION(S):
COUNT I. 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
~EREBY CERTIFY that a true and correct copy of the above has been furnished to the
. dent(s) , via first class mail at 25074 Hunt Lane, Summerland Key, FL 33042, this
ay of July, 2007.
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Code E forcement Liaison
Karen . Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
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