Item O4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16. 200S
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 John A. Tuckus,
III in Code Enforcement Case CE070 1 0057.
ITEM BACKGROUND:
On January 5, 2007, John A. Tuckus, III was cited for violation of Monroe County Code Section 19-
129(a), a commercial vehicle being stored on the property which is residential and Monroe County Code
Section S-17(a), trash and debris located on the left hand side of the property and in the back side of the
property. The case was brought before the Special Magistrate on March 29, 2007, at which time Mr.
Tuckus was still not in compliance. The Special Magistrate set compliance for April 19, 2007, after
which a fine would begin to run in the amount of $250.00 per count per day. Pursuant to an Order
Imposing PenaltylLien dated May 31,2007, Mr. Tuckus is compliant and as of that date owes $9,100.00.
No fines have been paid to date.
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
- (\\f.. - - - -
APPROVED BY: County Atty -!(j OMB/Purchasing_ RiskManagement_
DOCUMENTATION:
DISPOSITION:
Included x
Not Required_
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA,
Petitioner.
CASE NO. CE07010057
vs.
JOHN A. TUCKUS, III
Respondent( s).
/
FINDINGS OF FACT. CONCLUSIONS OF LAW. AND ORDER
TIDS 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent( s) is! are the tenant of record of property located at:
BK 8, LT 18, KEY LARGO MOBILE HOMESITES, PLAT NO 3, KEY LARGO,
MONROE COUNTY, FLORIDA (RE#00564146-000800);
2. That the Respondent(s) was/were duly noticed of this hearing; and
3. That the above-named property is in violation of the Mom-oe 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, $250.00
(TWO HUNDRED-FIFTY 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 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
6-)/ day of April, 2007. . ~ /~
~ ~~......-;
.~-.c.?~_
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. .
WITNESS my hand and official seal in the County and State last aforesaid this 67( day of
April, 2007.
Larry J. Sa .
Code Enforcement Special Magistrate
{'tl1tUL IJd.(QJij~Uk;
Notary Public
~~~*,~,~t.~~" Elma Williams
~r(!l>~f Commission # 00481642
~1.~'K*~~ Expires December 2, 2009
4 .,.1.' BC'/nd~dTro~ Fein Insurance fne e00..385--7019
2
EXHIBIT "A"
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code 919-129(a) (a) Within any residential district,
no hucks, trailers or wagons of one-ton or greater capacity or recreational vehicle-type unit, as
defined in F.S 320.01, in excess of forty-two (42) feet in length and in excess of eight and
one-half (8.5) feet in width shall be parked for storage purposes, including overnight, on any
public right-of-way or on private property except within a completely enclosed garage.
COUNT 2. Pursuant to Momoe County Code s8-17(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 county, create a traffic hazard, create a nuisance or unsanitary condition and/or
which render the sailor air impure, unwholesome, or unhealthful.
CORRECTION(S):
COUNT 1. Remove truck, trailer, or motor home from the above described property or store in a
completely enclosed garage. Contact your Code Enforcement Inspector upon compliance.
COUNT 2. 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 ifrequired.
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 furni~p.y.Q.JO the
Respondent(s) via first-class mail at 226 Lee Ave., Key Largo, F133037 , this l))!4\.cIay of April,
2007.
Code E forcement 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
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FWRIDA
MONROE COUNTY, FLORIDA
Petitioner,
Respondent( s).
CASE NO. CE07010057
Doc~ 1653017 07/16/2007 9: 17RM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
vs.
JOHN A. TUCKUS, III
/
Doc~ 1653017
Bk~ 2308 Pg~ 918
ORDER IMPOSING PENALTY /UEN
TillS CAUSE having come on for public hearing before the Special Magistrate on March
29th 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): ~19-129(a),
~8-17(a).
Said Order, and subsequent orders, required the Respondent(s) to correct the violation(s)
by April 19th 2007, and further, that failure to correct the violation(s) by the compliance
date may result in a fine $250.00,( TWO HUNDRED-FIFTY DOLLARS) per count, per
day, being imposed for each day thereafter that there is noncompliance. At the meeting of
the Special Magistrate held on April 26th, 2007, Inspector Hattery testified that the
violation( s) had not yet been corrected.
At a meeting held on May 31 sl 2007, it was read into the record that the case is now
compliant.
ACCORDINGLY, the Special Magistrate finding that the violation(s) have been
corrected, as previously ordered, but not in the time ordered, it is hereby:
ORDERED that the Respondent(s) pay to Monroe County, Florida, a fine in the
amount of $9,000.00 (NINE THOUSAND DOLLARS). 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.
TillS 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 8, LT 18, IillY LARGO MOBILE HOMESITES, PLAT NO 3, KEY LARGO,
MONROE COUNTY, FLORIDA (RE:00564146-000800)
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 3el_ day of May, 2007, at the Marathon
Government Regional Center, Marathon, Florida.
BY
Larry J.
Code nforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF MONROE
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
31sl_ day of May, 2007.
:?~1 Karen L Bass
': . ; My Commission D0333077
<:P' ExpIres JUIle 26. 2006
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing PenaltylLien has been furnished by U.S. Mail, to the Respondent(s) at
226 Lee Ave., Key Largo, FL 33037, this 31st day of May, 2007.
Ld!/
MONROE COUNTY
OFFICIAL RECORDS
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