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Item R08 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 J01m Pozzi, Madge Bladh, Gabriela Pozzi, and John Pozzi, Jr. in Code Enforcement Cases CE05020261 and CE05020259. ITEM BACKGROUND: On March 3, 2005, the property owners were cited for violation of Momoe County Code of Section 15.5-21 (property 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 mn in the amount of$40.00 per day on each case. Fines began mnning on September 27,2007. The property is in litigation amongst the patties and is still not connected to the sewer. The County's lien was recorded on January 7, 2008. As of July 23, 2008, the property had still not been cOlUlected and fines in the two cases amount to $24,812.00. Fines continue to accrue at $40 per day per case. 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 Alty :0/ OMBlPurcha&ing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA Doc~ 1677071 01/07/2008 9:24AM Filed & Recorded in Official Records of MONROE COUNTY DRNNY L. KOLHRGE MONROE COUNTY, FLORIDA Petitioner, vs. CASE NO.CE05020261 JOHN POZZI, SR and MADGE BLADH L/E, (POZZI JOHN, JR & GABRIELA POZZI) and POZZI JOHN JR. and GABRIELA POZZI. Respondent( s). / Doclt 1677071 Bkl:i 2339 Pgl:i 1091 ~:~ 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, beginning 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. - C:~ 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: SUNKREST PBl-107, STOCK ISLAND, LOTS 34 THRU 38, MONROE COUNTY, FLORIDA (RE: #00132750-000000); 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 December, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY~ Larry J. Sarti Code Enforcem nt 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. rr:=1l WITNESS my hand and official seal in the County and State last aforesaid this ~ day of December, 2007. ..~~W.'!:fIJ~, Elma Williams f,.1"-tb"'~ Commission # D0481642 I n 1 _ L f} II . ~t.-&~~ Expires December 2,2009 ~ (N ~/1-i.<7 . , 'ftlt.\'~ Bon.ooTmyFam In,.mnce 100800-385-1019 Notary Public I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has beenftwished to the Respondent(s) attorney, David Horan via fax at (305)294-7822 , this l'1Iday of December, 2007. . /J {)AU- d/ Jm - .~ Karen L. ass, Code Enfi rcement Liaison DocJ:l 1677071 Bk~ 2339 Pg~ 1092 MONROE COUNTY OFFICIAL RECORDS BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner. CASE NO. CE05020261 vs. ~,-.-- JOHN POZZI, SR. and BLADH MADGE L. (L/E) (POZZI, JOHN JR. & GABRIELA) and JOHN POZZI, JR. and GABRIELA POZZI 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 1. That the Respondent(s) is/are the owners of record of property located at SUNKREST PB1-107, STOCK ISLAND LOTS 34 THRU 38, MONROE COUNTY, FLORIDA (RE#00132750-000000). 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: ~. 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 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. D9Nj: AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this J4 day of August, 2007. _. .~ Larry J. Sarti Code Enforcement Special Magistrate STATE OF FLORlDA 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. ) ./J WITNESS my hand and official se.al in the County and State last aforesaid this d?" day of August, 2007. {If/vw,-, W LUl.~J1Ad Notary Public ,,,,ut,, ~~ .. ~ ~,~l;f.1.f.~o/o:. a;;;;ma Wllhams :;>:> A"~ C .,", ')[')48 6 ::*;,~ :*= ommlSSlon 1,> I. . 1 d? -:.~~. . ~.rr:: J. . -;.Jt.....o1f.'~ Expires Decernbe;.2 ?OO!:, ... "f1~ [(\\" Bonded 'fHJ1' fain l(Osurjm'f' Inc .....OO-ji~S. tOl~ 2 EXHIBIT "A" VIOLATION(S): 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 fmal inspections from the Department of Health, (2)Obtain required permit and fmal inspections from the Momoe 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 _. :~~ 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 o ~ 1677073 01/07/2008 9:24AM F~f d & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE CASE NO.CE05020259 vs. JOHN POZZI, SR and MADGE BLADH LIE. (POZZI JOHN, JR & GABRIELA. POZZI) and POZZI JOHN JR. and GABRIELA POZZI. Respondent(s) . / Doclt 1677073 Bk~ 2339 pglt 1095 ~...~ 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 27tlt 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, beginning 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 39, SUNKREST 'PBl-107, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE: #00132790-000000); 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 December, 2007, at the Division of Administrative Hearings, Tallahassee, Florida. BY ~ Larry J. Sart' Code Enforce ~.--~ 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 aclmowledged before me that he executed the same. ~WITNESS my hand and official seal in the County and State last aforesaid this day of December, 2007. ",",!. EI W'II' ,'~\';f.1...VI:~ ma I lams ,9..A.,.... :t: ':';: Commission # 00481642 ~;.;.....jl Expires December 2, 2009 . ~/f,R"If,\' 6on~.dTroyF.," Insurance lne 800.385.7n1e Umec {;J~4? Notary Public I HEREBY CERTIFY that a true and correct copy of the above and foregoing Order Imposing Penalty/Lien has been Jp,pished to the Respondent(s) attorney, David Horan via fax at (305)294-7822 , this :]!!J day of Dece her, 2007. _. ..~ Karen L. ass, Code Enr; rcement Liaison Doc3.1 1677073 Bk~ 2339 Pg~ 1096 MONROE COUNTY OFFICIRL RECORDS BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE LARRY J. SARTIN MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner. CASE NO. CE05020259 vs. ~,C~ JOHN POZZI, SR. and BLADH MADGE L. (L/E) (POZZI, JOHN JR. & GABRIELA) and JOHN POZZI, JR. and GABRIELA POZZI 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 27ili 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 39, SUNKREST PBI-I07, STOCK ISLAND, MONROE COUNTY, FLORIDA (RE#00132790-000000). 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: 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). ~~c- 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. DON~ AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this :3<< day of August, 2007. ~~ LarryJ.~ 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. ') A' WITNESS my hand and official seal in the County and State last aforesaid this 2 ~ day of August, 2007. Uf1/lIk /.;J ;jL!~vy Notary Public ,,'v "11 E'! W'I!' ~%?-~".f.~t-.. ma Ii lams r:'{:&_ 'i~; Commission:# OD481642 ~fl. .,,-, . 0 b 2 200<:' 2 ~;.}):,;."...:ff.2 Expires ecem er. .. ".....~Pi,.f}\"{...' Sandnd Tro~ FiJln Insulance fne 800~33S-l019 EXHIBIT "A" VIOLATION(S): COUNT I. 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.fu~shed to the Respondent(s) attorney, David Horan, Esq. via fax at (305)294 822, this r/H~gust, 2007. 7b~ J /~ Code ~n,orcement Liaison Karen / Bass Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas Highway, Marathon, FL 33050. 3