Item R06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: County Attomey
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING:
AuthOlization to institute collection proceedings and/or enter settlement negotiations with Dasha Renee
Ray in Code Enforcement Case CE05050l75.
ITEM BACKGROUND:
On May 11,2005, Dasha Renee Ray was cited for violation of Monroe County Code Section 9.5-111(1)
(building windows, fence, porch, handrail, lattice around bottom of trailer without permit). The case
was brought before the Special Magistrate on April 26, 2006, at which time Ms. Ray was still not in
compliance. The Special Magistrate set compliance for May 18, 2006, after which a fme would begin to
run in the amount of$150.00 per day. The violation was still not corrected as of the Special MagistJ:ate
hearing of July 27, 2006 and fines began to run. The violation was corrected as of September 4, 2006.
The fmes as of that date were $17,818.50. Based on the date of 9/14/2006, total fmes on the case would
be $17,818.50. However, during 51 days of this time period there was a legitimate question as to
whether the County could condition the issuance of the permit to correct this Code Enforcement case
on the demolition of a Florida room. Therefore, this period of time should be deducted from the fines
resulting in fines of $7650 + $100 costs + $18.50 recordation fee ;;;;$7768.50. The County's lien was
recorded March 14,2007.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
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TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ N~_ AMOUNTPERMONTH_ Year_
APPROVED BY: County Atty '?J' OMB/Purchasing _ Risk Management _
DOCUMENTATION: Included x NotRequired_
DISPOSITION:
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
J. JEFFERSON OVERBY
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CEOSOS017S
vs.
DASHA RENEE RAY
Respondent(s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER
TIDS CAUSE having come before the Code Enforcement Special Magistrate for a public
hearing on April 27th 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:
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 H, LT 3 LINCOLN GARDENS, #2, a!kJa H-3 - Sm STREET, STOCK
ISLAND, MONROE COUNTY, FLORIDA (RE#00130600-000000)
2. That the Respondent(s) was/were duly noticed of this hearing; and
3. That the above-named property is in violation of the Momoe 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 Momoe County Code(s) and is/are ordered to
comply with the provisions of said codes by May 18th 2006. A compliance / review
hearing will be held on May 31st 2006 at the Harvey Government Center located at
1200 Truman Ave., Key West, Florida, at 10:00 a.m.
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, $150.00 (ONE
HUNDRED - FIFTY DOLLARS) 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 Momoe 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.
DON~ ~ ORDERED at the Marathon Government Regional Center, Mara
this ~day of May, 2006.
ST ATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared J. JEFFERSON OVERBY, 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 Sta e last aforesaid this
May, 2006.
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EXHIBIT "A"
On the Island of Key West and is known on the Key West Realty Compan~"5
Subdivision No. One (1) of Tract 21 and Salt Pond Lots 1, 2, 3, 4 and 5 as Lot 1 in
Block 48, according to a diagram of said subdivision recorded in Plat Book 1, Page
43 of Monroe County, Florida records.
Commencing at the Northeast corner of Patterson AVenue and Fifth Streets and
running thence along Patter80n Avenue In an Easterly direction Fifty (50) feet; thence
at right angles in a Northerly direction One Hundred (100) feet to an alley; thence at
right angles in a Westerly direction along said alley Fifty (50) feet; thence at right
angles in a Southerly direction One Hundred (1 DO) feet to the Point of Beginning.
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RI. .. 97 -S-098
MONiWlS COUNtY
OF'iCIAL RECORDS
Doc~ 1632450 03/14/2007 4:05PM
Filed & Recorded in Official Records of
MONROE COUNTY DRNNY L. KOLHRGE
Docl:f 1632450
Bk~ 2279 Pg~ 836
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO. CE05050175
DASHA RENEE RAY
Respondent( s).
*Corrected - refer to
Book 2253, Pgs 96-97
/
ORDER IMPOSING PENALTY/LIEN
*AMENDED*
THIS CAUSE having come on for public hearing before the Special Magistrate on April
27th 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): ~9.5-111(1)
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by May 18th 2006, and further, that failure to correct the violation(s) by the compliance
date may result in a fine $150.00,( ONE HUNDRED - FIFTY DOLLARS) per day, being
imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on July 27th 2006, Inspector Dowling testified that the following
violation(s) had not yet been corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, it is hereby:
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ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $150.00 (ONE HUNDRED FIFTY DOLLARS), per day, beginning May 19th
2006, 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 fine 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 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 H, LT 3, LINCOLN GARDENS #2 a/k/a H-3 5TH STREET, STOCK ISLAND,
MONROE COUNTY, FLORIDA (RE:00130600-000000).
DClC~ 1632450
Bk~ 2279 Pg~ 837
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
BK H, LT 3, LINCOLN GARDENS #2 a/k/a H-3 5TH STREET, STOCK ISLAND,
MONROE COUNTY, FLORIDA (RE:00130600-000000).
Pursuant to Section 162.09, Florida Statutes, and 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 t5~, day of March 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
. ...0::1
BY~~
Larry6~ arf[n
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
6'ft.. day of March, 2007.
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Notary Public
,~;~'{.~?'J!~ Elma Williams
!!f'tb,'ti; Commission # DD4816~~
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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 ~)j FJ.S. Mail to the Respondent(s) at
1215 McMillian Dr., Key West, FL 33040, this tt1'C1ay of March, 2007.
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Karen L. Bass,
Code Enforcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
D?c~ lr<1594 11/17/2006 3:26PM
FlIed (,. ..;corded in Off icia 1 Records of
MONROE COUNTY DANNY L. KOLHAGE
)ocft 1613594
Bk~ 2253 Pg~ 96
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO. CE05050175
DASHA RENEE RAY
Respondent(s).
/
ORDER IMPOSING PENAL TV /LIEN
* AMENDED*
THIS CAUSE having come on for public hearing before the Special Magistrate on April
27th 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): ~9.5-111(1)
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by May 18th 2006, and further, that failure to correct the violation(s) by the compliance
date may result in a fine $150.00,( ONE HUNDRED - FIFTY DOLLARS) per day,
being imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on July 27th 2006, Inspector Dowling testified that the
following violation(s) had not yet been corrected:
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 $150.00 ( ONE HUNDRED FIFTY DOLLARS), per day, beginning May
19th 2006, 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 fine in the amount of
$100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative recovery
for prosecution and investigation.
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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 VIOLA TOR(S).
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED
PROPERTY: , MONROE COUNTY, FLORIDA (RE:OO-OOOOOO)
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of the
Courts for Monroe County, Florida.
Doc!:t 1613594
Bk~ 2253 P9~ 97
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.
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DONE AND ORDERED this c3( day of August 2006, at the Monroe County
Government Regional Center, Marathon, Florida.
ST ATE 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 J. Jefferson Overby, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
:2 J ~ITNESS my hand and official seal in the County and State last aforesaid this
~ da of August 006.
)} ~"'" KarerrL Bass
. . My CQmmlulon 00333077
'\ ~I Expires June 28,2008
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order ~o~ing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s) at
this --.SrcIay of ~, 2006. .
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MONROE. COUNTY
OFFICIAL RECORDS