Item O3
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 andlor enter settlement negotiations with UZ Enterprises,
Inc. clo Jose Uz, Registered Agent in Code Enforcement Case CE06040171.
ITEM BACKGROUND:
On May 16,2006, UZ Enterprises, Inc. was cited for violation of Monroe County Code Section 12.1-1,
an occupational tax license is required to rent out your property for 28 days or more; Monroe County
Code Section 19-95, an vehicles on private property must be operative and licensed; Monroe County
Code Section 19-96, all vessels on private property must be operative and licensed; Monroe County
Code Section 8-17(a), property must be kept clean; and Monroe county Code Section 8-17(b), property
must be kept mowed. There are multiple buildings on the property, rented out to tenants. The violations
appear to be attributable to one of the buildings on the property. The case was brought before the
Special Magistrate on January 25, 2007, at which time UZ Enterprises, Inc. was still not in compliance
with Monroe County Code Sections 8-17(a) and (b). The Special Magistrate set compliance for
February 15, 2007, after which a fine would begin to run in the amount of$100,00 per count per day. The
fines as of December 27,2007, amount to $63,018.50.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOM:MENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_\~o_ AMOUNTPERMONTH_ Year __
APPROVED BY: County Atty 0] OMBlPurchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Included x
Not Required_
AGENDA ITEM #
====~========~=~====~=======~=======~~~=======~=~~=~-~================
S P E C I A L
MAG 1ST RAT E
~=========================~============~====~=~~===~=====~=====~======
MONROE COUNTY, FLORIDA
AFFIDAVIT OF COMPLIANCE / NON-COMPLIANCE
MONROE COUNTY FLORIDA
PETITIONER,
CASE NO. CE06040171
VS.
UZ ENTERPRISES INC
RESPONDENT,
PARCEL ID:
00113250000000
21 66 29 LITTLE TORCH KEY PT LOT 3
STATE OF FLORIDA
COUNTY OF MONROE
}
BEFORE ME, the undersigned authority personally appeared,
WINDSOR, KATHLEEN, Code Inspector for the County of Monroe, who,
after being duly sworn, deposes and says:
1. That on , the Special Magistrate held a public
hearing and the Special Magistrate heard and issued its order in the
above-styled matter.
2. That, pursuant to said Order, and/or subsequent Orders(s),
Respondent(s) was/were to have taken certain corrective action by or
before the date of 01/18/2007.
3. That an investigation of the case on \~~\o\~
revealed that the following codes are/are not in com liance:
Compliance
Non-Complaince
~
--..:::::::n
--12.1.-1
--:1.9-95 ~
~
8-17(a)
8-17(b)
9-.-5 531 (a)..o
FURTHER AFFIANT SAYETH NOT.
DATED this ~ day of ~
, 200ih~
~:R;I{ATHLEEN
Code
DAWN M. SENDeR
-." Notary Public - ~ di Flwida
. ~My Commission Expires Dee 1:1. 2008
"," Commission #- DO 586489
Bonded
SWORN TO and subscribed before me
''"1 e;
this ~___ day of
"'"
, 2007i
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE06040171
vs.
UZ ENTERPRISES, INC
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 January 25th 2007 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 of record of property located at
LITTLE TORCH KEY, PT LOT 3, PARCELS A & B, MONROE COUNTY,
FLORIDA (RE#00113250-000000).
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 Momoe County Code(s) and is/are ordered to
comply with the provisions of said codes by Febmary 15th 2007. A compliance /
review hearing will be held on February 22nd 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 fme, per day, for
each day thereafter that Respondent(s) is/are in violation.
D. Pursuant to Florida Statutes Section 162.07, a fine 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 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.
G. The charges of ~12.1-1 and ~9.5-534(a) are dismissed as compliant.
DONE AND ORDERED at the DivisioIl..Qf Administrative Hearings, Tallahassee, Leon
County, Florida, this 3/.;T day of --0,.1 vI "'A;I ~ ~________
Larry ~
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.
yY'JTNESS my hand and official seal in the County and State last aforesaid this ,Y5/day
of ,.,/!'''~'}~''"l Ii c[ /1/ ' 2007.
~",f'.y Pu c
<-o~\ ~D laudia D. liado
; l\).;: Con~mjssion # 00533276
7,& OR rsy.9 ExpIres July 25, 201(1
D0WJ!JiJ Tw~ Pfi/1 ~ ~ '-e..
(-I ~-;.ci::m~'J'i IlIe eon~3B5.7019
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2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code ~19-95 - Abandoned vehicles. Within all land
use dish'icts, except I districts, all vehicles which are inoperative and/or unlicensed for a period
often (10) days shall be prohibited on any public right-of-way or on private property except
within a completely enclosed garage.
COUNT 2. Pursuant to Monroe County Code ~19-96 - Abandoned watercraft. Within
all land use districts except I districts, all watercraft which are inoperative and/or unlicensed for a
period of thirty (30) days and appear to be in a state of decay and/or abandonment, as determined
by the code enforcement administrator, shall be prohibited on any waterway, shore, private or
public property lll1less contained in a completely enclosed building
COUNT 3. Pursuant to Monroe County Code ~8-17(a) - - Premises to be cleaned and
mowed. (a) For the purposes of promoting the health, safety and general welfare of the
residents of the county, all lands inside and outside of subdivisions, including vacant lands,
and improved property within the unincorporated area of the county, shall be kept cleared
of debris, garbage, litter, yard trash, refuse, special solid waste, solid waste, trash,
industrial waste and/or which tend to be a breeding place or haven for snakes, rodents,
insects, and vermin of all kinds and character, and/or which tend to create a fire hazard,
endanger the lives and property of the residents of the COlll1ty, create a traffic hazard,
create a nuisance or unsanitary condition and/or which render the soil or air impure,
unwholesome, or unhealthful.
COUNT 4. Pursuant to Monroe County Code ~8-17(b) - Premises to be cleaned and
mowed. (b)For the purposes of health, safety and general welfare ofthe residents of the COlll1ty,
all commercial and residential lots, vacant or occupied, shall be kept mowed except that for
subdivisions located within public acquisition areas, publicly owned vacant lots acquired for
conservation and resource protection purposes and private vacant lots subject to a county
approved management plan.
CORRECTION(S):
COUNT 1. Either remove the abandoned vehicle, or place it in a completely enclosed garage.
Vehicles are required to be registered and operable.
COUNT 2. Either remove the abandoned vessel, or place it in a completely enclosed garage.
Vessels are required to be registered and operable.
COUNT 3. Remove all debris, garbage, litter and/or items specified by the Code
Enforcement inspector. Removal of said materials does not authorize the cutting or removal
of native or other vegetation without a permit if required.
COUNT 4. Lot is required to be mowed
"
.)
CaNT ACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys (305)852-7135
Middle Keys (305)289-2556
Lower Keys (305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has been fu~ed);p the
ReSp~n}Js) by mail Attn: Jose Uz at 8758 SW 8th St., Miami, FL 33174, this f7tJlday
of / ~/2{llL'007. '_
nforcement Liaison
L. Bass
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798 Overseas
Highway, Marathon, FL 33050.
4
Doc~ 1641393 05/07/2007 10:37AM
Filed & Recorded in Offioial Reoords of
MONROE COUNTY DANNY L. KOLHAGE
Doe!:i 1641393
Bkd 2292 Pg~ 562
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO. CE06040171
UZ ENTERPRISES, INC.
Respondent( s).
/
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on
January 25th 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 rmding the Respondent(s) in violation of Monroe County Code Section(s):
~19-95, ~19-96, ~8-17(a), ~8-17(b).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by February 15th 2007, 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 February 22nd 2007, Inspector Windsor
testified that the following violation(s) had not yet been corrected: ~8-17(a) and ~~8-
17(b).
ACCORDINGLY, the Special Magistrate fmding 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
February 16th 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 fme 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).
Dcu;~ 1641393
Bk~ 2292 Pg~ 583
THE VIOLATION(S) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
LITTLE TORCH KEY, PT LOT 3, PARCELS A & E, MONROE COUNTY,
FLORIDA (RE#00113250-000000)
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 6:j:~ day of March, 2007, a~ the Division of
Administrative Hearings, Tallahassee, Florida.
BY
Larry J. S~rJ;~ ,,/
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. - 1"
WITNESS my hand and official seal in the County and State last aforesaid this e(r"~
day of March, 2007.
t 'j ..
LfhlJl1J;{ / W ~UH</
Notary Public
,.....,., EI W'n'
~''''''1':\\1.f.fo/.~ mC! hdams
f!(@,"'1!= Commission '# 00481642
.~~..~~~= Expires December 2, 2009
~ff,W:\'" BondGdTl'DvFam Insurnoc€: lnc aOO.3f35.7019
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.S. M~o the Respondent(s)
Attn: Jose Uz, 8758 SW 8th Street, Miami, FL 33174, this ~day of March,
2007.
Karen L. Bass,
Code Ery orcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
2