Item R12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20. 2008
Division: County Attorney
Bulk Ifem: Yes XX No
Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING:
Authorization to institute collection proceedings and/or enter settlement negotiations with Alyce
McCaffery in Code Enforcement Case CE0511 021 O.
ITEM BACKGROUND:
On December 8, 2005, the property owner was cited for violation by posting of Monroe County Code of
Section 6-20(d), building permit 03104639 and 03104541 need additional inspections; and Momoe
County Code Section 9.5-111(1), building permit is required prior to commencement of construction.
On March 29, 2007, the Special Magistrate issued a finding of violation. The Special Magistrate set
compliance for April 19, 2007, after which fines would begin to run in the amount of $100.00 per count
per day. At a hearing by the Special Magistrate on May 31, 2007, the property had not obtained
compliance as previously ordered. As of July 23, 2008, the property owner had not satisfied the
violations. As ofJu1y 23,2008, fines and costs total $82,718.50..
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~No_ AMOUNTPERMONTH_ Year
APPROVED BY: Connly Ally ~ OMBlPll1~hasing _ Risk Manageme>1t_
DOCUMENTATION: Included x NotRequired_
DISPOSITION:
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
Respondent( s).
/
CASE NO.CE0511021O
Doc~ 1658431 08/17/2001 11:59~M
Filed & Recorded in Official Records of
MONROE COUNTY DRNNY L. KOLHRGE
vs.
;{(
ALYCE MCCAFFERY
Doc~ 1658437
Bkh 2315 Pgh 1441
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
March 29tl1 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 fmding the Respondent(s) in violation of Monroe County Code Section(s):
~6-20(d), ~9.5-111(1).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by , and further, that failure to correct the violation(s) by the compliance
date may result in a fine $100.00,( ONE HUNDRED DOLLARS)per count, per day,
being imposed for each day thereafter that there is noncompliance. At the meeting of
the Special Magistrate held on May 31st 2007, Inspector Windsor testified that the
following violation(s) had not yet been corrected: ~6-20(d), ~9.5-111(1).
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 $100.00 (ONE HUNDRED DOLLARS), per count, per day, beginning
April 20th 2007, 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 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 24, BIG PINE KEY, INC. PB5-4, BIG PINE KEY, MONROE COUNTY,
FLORIDA (RE:00256880-00000Q)
Pursuant to Section 162.09, Florida Statutes, and may be recorded with the Clerk of
the Courts for Monroe County, Florida.
:rf 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 )":;f day of June, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
~#-
BY Larry ~ .
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 ~
day of June, 2007.
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~,~........~~ ma I lams
~(A\~ Commission # 00481642
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,ff,f,\ Bonded Troy F.,n In'""nto lot 800-355-70\9
Notary Public
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s) at
30 Coco Plum Dr., Marathon, FL..}}J50, posted at the Monroe County Courthouse,
and posted on said property, this 3J"day of June, 2007.
. ~re~
Code Enforcement Liaison
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. CE05110210
*To correct order issued on 04/06/07
Charge of ~9.5-111(1), found in
violation, but omitted from order.
vs.
ALYCE MCCAFFERY
Respondent( s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER
* AMENDED *
TH,IS CAUSE having come on for public hearing before the Code Enforcement Special
Magistrate on March 29th 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:
-50;;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I. That the Respondent(s) is/are the tenant of record of property located at:
BK 3, LT 24, BIG PINE KEY, INC, PB5-4, BIG PINE KEY, MONROE COUNTY,
FLORIDA (RE#00256880-000000);
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 April 19th 2007. A compliance / review
hearing will be held on April 26th 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 will result in the imposition of a fine, $100.00
(ONE HUNDRED DOLLARS), per count, per day, for each day thereafter that
Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a cost 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 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 ')1(. day of June, 2007. ~~-
Larry J. S .
STATE OF FLORIDA Code Enforcement Special Magistrate
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an offIcer duly qualified to take
acknowledgments, personally appeared Larry 1. Sartin, personally known to me, who executed
the foregoing and acknowledged before me that he executed the same. -;:J/
WITNESS my hand and official seal in the County and State last aforesaid this :0-- day
of June, 2007.
~W~W
Notary Public
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.:-~)~.~%:. Elma Williams
~J..:&.~:J C~~mjssion # 00481642
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EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County CodeS6-20( d) Failure to Obtain Inspections: Failure
to obtain an approved inspection within one hundred eighty (180) days ofthe previous
approved inspection shall constitute suspension or abandonment, which shall render the
::;
pennit Ilull and void. Any work completed without an approved inspection may be
subject to code compliance.
COUNT 2. Pursuant to Monroe County Code S9.5-111(1) Section 9.5-111(1)- A building
pennit is required prior to the following: (1 )Any work specified in chapter 6.0; an after the
fact permit and all inspections are required for stairs, rails, windows, addition with glass, roof
and concrete work.
CORRECTION (5):
COUNT I. Contact the Monroe County Building Department and obtain all necessary permits and
inspections.
COUNT 2. Contact the Monroe County Building Department and either (I) obtain an after the fact
permit and all inspections required, or (2) obtain a demolition permit and remove as directed.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys (305)852-7135
Middle Keys (305)289-2810
Lower Keys (305)292-4495
--5-:?
I HEREBY CERTIFY that a true and correct copy of the above has been furnished ~l}27
Respondent(s) via first-class mail at 30 Coco Plum Drive, Marathon, FL 33050, this ~y
of June, 2007. Order has also been posted at the Monroe County Courthouse, and at the
property.
~~~ison
Karen L. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798
Overseas Highway, Marathon, FL 33050.
3
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE051l021O
vs.
ALYCE MCCAFFERY
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 March 29th 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:
-x-r.?-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s) is/are the tenant of record of property located at:
BK 3, LT 24, BIG PINE KEY, INC, PB5-4, BIG PINE KEY, MONROE COUNTY,
FLORIDA (~E#00256880-000000);
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 April 19th 2007. A compliance / review
hearing will be held on April 26u1 2007.
B. UP3n 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, $100.00
(ONE HUNDRED DOLLARS), per count, 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 fineslliens 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.
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee, Florida, this
1ft( day of April, 2007. ~
Larry J. S m
STATE OF FLORIDA Code Enforcement Special Magistrate
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared Larry 1. 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 e:'/t. day of
April, 2007.
~ /;J~
Notary Public
;:,''\;J.{~~'& Elma ~!mams
::fib.-'y=;: CommISSion # 00481642
~"~':~~ Ex'pires December 2,2009
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2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County CodeS6-20(d) Failure to Obtain Inspections: Failure
to obtain an approved inspection within one hundred eighty (180) days of the previous
approved inspection shall constitute suspension or abandorunent, which shall render the
""
pelTIlit nulfand void. Any work completed without an approved inspection may be
subject to code compliance.
CORRECTION(S):
COUNT I. Contact the Monroe County Building Department and obtain all necessary permits and
inspections.
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 furnished to t~r.P'
Respondent(s) via first-class mail at 30 Coco Plum Drive, Marathon, FL 33050, this -1JlT'day of
April, 2007. Order has also been posted at the Monroe County Courthouse, and at the property.
#-
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
3