Item O2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008
Division: County Attorney
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall
AGENDA ITEM WORDING;
Authorization to institute collection proceedings and/or enter settlement negotiations with Edward 1.
Wedge in Code Enforcement Case CE06010032.
ITEM BACKGROUND;
On April 17, 2006, Edward J. Wedge was cited for violation of Monroe County Code Section 6-4(a)(c),
unsafe structures as a result of failure to correct hurricane damage. The case was brought before the
Special Magistrate on December 15, 2006, at which time Mr. Wedge was still not in compliance. A
demolition permit (07100063) was pulled but expired without demolition having taken place. The
Special Magistrate set compliance for January 25, 2007, after which a fine would begin to run in the
amount of $250.00 per day. The fines as of December 27, 2007, amount to $94,368.50.
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
APPROVED BY: County Alty ~
AMOUNTPERMONTH_ Year
OMB/Purchasing _ Risk Management_
DOCUMENTATION: .
DISPOSITION:
Included x
Not Required_
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
J. JEFFERSON OVERBY
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE06010032
ViS.
EDWARDJ. WEDGE
Respondent(s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER
THIS CAUSE having come before the Code Enforcement Special Magistrate for a public
hearing on December 15th 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
1. That the Respondent(s) is/are the owners ofrecord of property located at
BIG COPPITT KEY, LOT :2 (LOT (3), MONROE COUNTY, FLORIDA
(RE# 00121420~OOOOOO );
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 JanUluu'y 18th 2007. A compliance I review
hearing will be held on January 25th 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, $250.00
(TWO 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 tine 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 Marathon Government Regj.onal Center, M ra hon, Florida,
this ..Iltl..1I/;y of December, 2006.
STATE 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. ...... _ .d
WITNESS my hand and official seal in the County and State last aforesaid this ~ay of
December, 2606.
2
EXHIBIT "A9,)
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code ~6m4(a)(c) Unsafe buildings. (a) Abatement
Required: All unsafe buildings shall be abated using the Standard Unsafe Building Abatement
Code, 1997 editioll, promulgated by the Southern Building Code Congress International, Inc.,
subject to all amendments, 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."
CORRECTION(S):
COUNT 1. 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)852m 7135
Middle Keys (305)289m2810
Lower Keys (305)292m4495
I HEREBY CERTIFY that a true and correct copy of the above has been fu~ff~ the
Respondent(s) via first-class mail at 63 Ed Swift Rd., Key West, FL 33040, this ~ day of
December, 2006. .
c1/k
Co e Enforcement Liaison
K ren L. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798
Overseas Highway, Marathon, FL 33050.
3
Dce~ 1641698 05/08/2007 12:28PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY l. KOlH~GE
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO. CE06010032
EDWARD J. WEDGE
Respondent( s).
/
Dcci:i 1641698
Bk~ 2292 Pg~ 1835
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
December 15th 2006 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):
~6-4(a)(c);
Said Order, required the Respondent(s) to correct the violation(s) and imposed fines in
the amount of $250.00,( TWO HUNDRED -FIFTY DOLLARS) per day, being
imposed for each day thereafter that there is noncompliance. At the meeting of the
Special Magistrate held on March 29th 2007, Inspector Borso testified that the
following violation(s) had not yet been corrected: ~6-4(a)(c).
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 $250.00,( TWO HUNDRED -FIFTY DOLLARS), per day, beginning
December 15th 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 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:
BIG COPPITT KEY, PT LOT 2 (LOT 63), MONROE COUNTY, FLORIDA
(RE:OO 121420-000000)
Dee~ 1641698
Bk~ 2292 p~~ 1836
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 /:;;'p( day of April, 2007, at the Division of
Administrative Hearings, Tallahassee, Florida.
BY~
Larry J. Sr..... .
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 aclmowledgments, personally
appeared Larry J. Sartin, personally lmown 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 6ft{
day of April, 2007.
~/ULW~
Notary Public
..~tt\{!![JJf. Elma Williams
g~"-@."'~ Commission '# D0481642
":.*..~l~i Expires December 2, 2009
;'f.?,',~~ Bond.dTmy Fe," In'.'once Inc 8CO-3aS.7mg
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, t~l~e Respondent(s) at
63 Ed Swift Rd., Big Coppitt Key, Key West, FL 33040, this jll'!fday of April, 2007.
MONROE COUNTY
OFFIC!AL RECORDS