Item R07
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 Jolm Pozzi. and
John Pozzi, Jr. in Code Enforcement Case CE05020257.
ITEM BACKGROUND:
On March 3, 2005, the property owners were cited for violation of Monroe County Code of Section
15.5-21, owner has not connected to available sewerage system within 30 days of notification from Key
West ResOlt Utility. On July 27,2007, the Special Magistrate issued a finding of violation. The Special
Magistrate set compliance for September 20, 2007, after which fines would begin to run in the amount
of $40.00 per day. Fines began mnning on September 27, 2007. The property is in litigation between
the owners and is still not connected to the sewer system. The County's lien was recorded January 7,
2008. As of July 23,2008, fines totaled $12,288.00.
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 Atty tf OMB/Purchasil1g _ Risk Management ~
DOCUMENTATION: Included x NotRequired_
DISPOSITION:
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDAITE~1SUr~Y
Meeting Date: AU(mst 20,2008
Division: County Attorney
Bulle Item: Yes XX No
Staff Contact Person: Cvntiua L. Hall x3470
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with John Pozzi. and
John Pozzi, Jr. in Code Enforcement Case CE05020257.
ITEM BACKGROUND:
On March 3, 2005, the property owners were cited for violation of Monroe County Code of Section
~2-C-C 15.5-21, owner has not connected to available sewerage system within 30 days of notification from Key
West Resort Utility. On July 27,2007, the Special Magistrate issued a finding of violation. The Special
Magistrate set compliance for September 20,2007, after which fines would begin to run in tile amount
of $40.00 per day. Fines began running on September 27, 2007. The property is in litigation between
the owners and is still not connected to the sewer system. The County's lien was recorded January 7,
2008. As of July 23,2008, fines totaled $12,288.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/ AGREE.MENT CHANGES:
N/A
STAFF RECOlVIMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Yeal-
APPROVED BY: County Atty ~ OMB/Purchasmg _ Risk Management _ -
DOCUMENTATION: Included x Not Required_
- ..~
DISPOSITION:
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
Doc~ 1677072 01/07/2008 9:24AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO. CE05020257
JOHN POZZI and JOHN POZZI, JR.
Respondent(s) .
/
Doct:t 1677072
Bk~ 2339 Pgt:t 1093
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): ~15.5-21
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by September 20th 2007, and further, that failure to correct the violation(s)
by the compliance date may result in a fme per day, being imposed for each day
thereafter that there is noncompliance. At the hearing of the Special Magistrate held on
September 27th 2007, Inspector Dowling testified that the violation(s) had not been
corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected, as previously ordered, imposed the penalty in the amount of $40.00
(FOURTY DOLLARS) per day, begi~g September 27th 2007. At the hearing held
by the Special Magistrate on November 29th 2007, Inspector Dowling testified that the- ..~
property had not obtained compliance as previously ordered. Finding the property
not in compliance as previously ordered, the Special Magistrate imposed the lien.
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 LT 43, SUNKREST PBl-I07, STOCK ISLAND, MONROE COUNTY,
FLORIDA (RE: #00132830-000000);
Pursuant to Section 162.09, Florida Stahltes, 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 December, 2007, at the Division
of Administrative Hearings~ Tallahassee, Florida.
BY v;~.
Larry J. SartI .
Code Enforcement Special Magistrate
am;:;: :c~;
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.
rr7I WITNESS my hand and official seal in the County and State last aforesaid this
~ day of December, 2007.
,,*-~~.i;et::, Elma Williams
l:T@.....:~ Commission # DD481642
~~..~~g Expires December 2, 2009
,'f,P,",(:\" 6o.d.dTroyFam IMurancelne 800"~85-70\S
Urn~ W~~~ytQ
Notary Public
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been fqJ:11ished to the Respondent(s) attorney, David
Horan via fax at (305)294-7822 , this :/J}}.day of December, 2007.
- :~
Docl:l 1677072
Bkl:l 2339 Pgl:I 1094
MONROE COUNTY
OFFICIRL RECORDS
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE05020257
vs.
SIifi!X;.: ,~-
JOHN POZZI, and JOHN POZZI, JR.
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 findings of fact and
conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the owners of record of property located at
BK LT 43, SUNKREST PBl-107, STOCK ISLAND, MONROE COUNTY,
FLORIDA (RE#00132830-000000).
2. That the Respondent(s) was/were duly noticed ofthis 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 September 20th 2007. A compliance / review hearing will
be held on September 27th 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 fmes/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.
DQNp AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this
Y day of August, 2007.
~~
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 aclmowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this J / day of
August, 2007.
L n , ' ,
VY~YlU,- U\j LUtiUHd
Notary Public
,,~Y:!:ttJ.'; Ehna Williams
g{4"'~~~ commission # D0481642
~k@c%-7 Expires December 2. 20_09
.I"f,lift:;,...... Bond::dT{Q~ Fal~ Insur01flCC 1m: aOO.3B5~,019
2
EXHIBIT "A"
VIOLATION (5):
COUNT 1. 15.5-21 Connection of existing on-site sewage treatment and disposals
systems to central sewerage system. (a)The owner of an onsite sewage treatment and disposal
system must connect the system must connect the system or the building's plumbing to an
available publicly owner or investor-owned sewerage system within 30 days after written
notification by the owner of the publicly owned or investor-owned sewerage system that the
owned sewerage system that the system is available for connection....(b).. .the owner of an onsite
sewage treatment and disposal system may pay any connection fees charged by an investor-
owned sewerage system in monthly installments from the date the sewerage system becomes
available ...
~; _CORRECTION (S):
COUNT 1. (l)Obtain required permit and final inspections from the Department of Health,
(2)Obtain required permit and fmal inspections from the Monroe County Building Department. (3) Obtain
required Service Agreement from the Key West Resort Utilities.
(4)Obtain required permit and final inspections from the Department of Environmental Protection. (If your
home is OTHER THAN a single family residence with a gravity fed connection, you may need a DEp.
permit. )
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
Respondent(s) attorney, David Horan, Esq. via fax at (305)2 4-7822, his
. shed to the
y of August, 2007.
Code forcement Liaison
Karen,. Bass
Please make check or money order payable to Momoe County Code Enforcement and mail to 2798 Overseas Highway,
Marathon, FL 33050.
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