Item O03 03
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: 03
2023-1384
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Authorization to initiate litigation against WOLFGANG NOACK and
his property, 17140 Old State Road 4A, Sugarloaf Key, Florida, to seek compliance with the County
Code and enforce the lien(s) arising from code compliance case number CE21070022.
ITEM BACKGROUND:
CE21070022: This property has been the subject of a code compliance case for building permits
required for two (2) accessory structures (not compliant). The fines total $50,500.00 as of July 26,
2023 and will continue to accrue at $100.00 per day, until compliance is achieved.
A hearing was scheduled for October 28, 2021 and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of March 7, 2022. The
County's lien was recorded on March 18, 2022. A subsequent hearing was held on February 23, 2023
and the property owner was present. The Special Magistrate found the property remained in violation
and granted the County's motion to proceed with collections. The code case remains open for non-
compliance and failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value as $789,654. There is a mortgage
on the property, which is junior to the County's lien. The property is homesteaded and there are no
pending foreclosure actions at this time.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's
lien on this property are:
1. Initiate litigation against the property owner for injunction and/or money judgment;
2. Allow the liens to remain against the property owner, the subject property and any other property
3686
owned by the property owner; and/or,
3. Release the lien.
County staff recommends (option 1) initiating litigation against the property owner for injunction and/or
money judgment.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure
to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate
injunctive relief for non-compliant properties, foreclosure and/or money judgment actions for collection
of unpaid fines and/or costs from a property owner.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
AIS Supporting does CE21070022 Noack.pdf
Resolution 057-2014 LIEN PROCESS.pdf
FINANCIAL IMPACT:
148-50001 Growth Management Admin- $2,500.00
3687
p
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.: CE21070022
WOLFGANG NOACK, )
Respondent(s).
ORDER AUTHORIZING FORECLOSURE AND/OR MONEY JUDGMENT
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has
remained unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED
that the office of the Monroe County Attorney may institute foreclosure and/or money judgment
proceedings to recover the amount of the lien plus accrued interest.
DONE AND ORDERED this 241h day of Fttfi4� 2023 at the Marathon
Government Center, Marathon, Florida. k
Joh a gham
Specie . ate
CERTIFICATE OF ORDER
I he by certify that, is is a true and correct copy of the above Order.
icole Petrick, Liaison
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand
delivery/ first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's
Office as referenced above and/or Authorized Representative N/A on this 2411 day of
February , 2023.
Nicole Petrick, Liaison
3688
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE21070022
Property Location: 17140 OLD STATE RD. 4A, SUGARLOAF KEY, FL 33042
Parcel ID: 00118990000000
WOLFGANG NOACK
P.O. BOX 430216
BIG PINE KEY, FL 33043-0216
3689
-- -----_---____----
BRIEF FOR WOLFGANG NOACK — CE21070022
MOTION FOR COLLECTIONS 2/2312023
hftps://mcesearch.monroecounty-fl.gov/code/CE21070022
Monica Rodriguez
Research Analyst - Monroe County
Subject Property - 17140 OLD STATE RD. 4A, SUGARLOAF KEY, FL
Violation(s):
• 110-140(a) — Building permit(s) required — 2 accessory structures (2 open permits:
permit #R-ACCB-2022-0042 and permit #R-RMDL-2022-0246; not compliant)
0 Property is NOT in compliance
Lien was recorded in the Official Records of Monroe County on 3/18/2022, Book 3162,
Page 231 and remains unpaid.
9 Lien $35,435.88 as of February 21, 2023
NOTES.-
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 1/6/2023 to
address on PRC. Return receipt was not received signed, therefore, the courthouse and
subject property were both posted with the hearing notice on 2/6/2023 (courthouse) and
2/7/2023 (property), as well as, mailed via first class mail.
*PO not in communication with Research Analyst, M. Rodriguez, since mailing of
Motion/Notice
County is asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Order/Lien in this case.
3690
BEFORE Tt; CODE COMPLIANCE SPECIALwAGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner,
`S. ) CASE NO.: CE21070022
WOLFGANG NOACK, )
Respondent(s). )
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING
Petitioner, Monroe County, will move the Monroe County Code Compliance Special Magistrate, pursuant to
F.S. 162.09(3), to authorize foreclosure and/or money judgment proceedings on the Code Compliance Final
Order/Lien in this case, which was recorded in the Official Records of Monroe County on March 18, 2022, Book
3162, Page 231 on the property that was the subject of the code compliance action described as: 17140 OLD STATE
RD. 4A SUGARLOAF KEY, FLORIDA 33042, MONROE COUNTY, RE# 00118990000000, and upon any and all
other real and/or personal property you own. The current outstanding amount of the County's lien as of December
16, 2022 is S28,735.88 (fines and costs) which continue to accrue and increase until the case is compliant and closed.
This motion will be considered on February 23,2023 at the Marathon Government Center, 2798 Overseas Highway,
EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS, WHO WISH TO
PARTICIPATE IN THE HEARING, SHOULD ATTEND VIA ZOOM WEBINAR INSTRUCTIONS
ATTACHED HERETO.
Kelly M. ugan
Assistant County A ney
Fla. Bar No. 105870
Dugan-Keil roeCoL_Inty_-FI.—Gov
1 1 1 1 12"' Street, Suite 408
Key West, Florida 33040
(305) 292-3470
CERTIFICATE OF SERVICE
I hereby certify that on this 6 day of_ B 2023 a copy of the foregoing was furnished to
Respondent(s) via Certified Mail, Return Receipt Request No. w1 ., 0 0000 &2,3P 210S to
P.O. BOX 430216 BIG PINE KEY, FL 33043-0216. "
Code Complir e Department
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding, please contact the County Administrator's Office, by phoning(305)292-4441, between the hours of 8:30 a.m. -5:00 p.m.,
no later than ten (10)calendar clays prior to the scheduled meeting; if you are hearing or voice impaired,call "711".
3691
County
The
�JFlorida Keys
�r
Code Compliance Department Board of County Commissioners
c .a. �h nitp � _ 1a���i 6 r�.li ( <rtw�,. f h M
2798 Overseas Iiia way Ott \ �, a%of t r
Marathon Florida 33050 > I CM I IE�Pi� \lErr��iil (;,�r,c:heiEr Y''¢>rri�a.7
Void. (305)289-2810 h Michelle Lincoln.District 2
FAX: (305)289-2858 Jamesk. Scholl, Y.)i troca
tkm* mwmen
David Rice, District
WOLFGANG NOACK
PO BOX 430216
BIG PINE KEY, FL 33043-0216
December 16, 2022
Subject: Code Case: CE21070022
Location: 17140 OLD STATE RD. 4A, SUGARLOAF KEY, FL 33042
Dear Property Owner,
This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code
compliance action and upon any and all other real and/or personal property you own.
Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
February 23, 2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00
a.m., Marathon, FL 33050. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE
HEARING, SHOULD ATTEND VIA ZOOM WEBINAR INSTRUCTIONS ATTACHED HERETO The
purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or
money judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the
property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the
appropriate location:
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FI.,33037 (305)453-8806
Additionally, pursuant to F.S. §162.07(2), the County is entitled to recover all costs incurred in prosecuting the
case and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue
until the violations are corrected and the case is closed.
Respectfully yours,
Monica Rodri ez
Code Compliance Research Analyst 305-289-2586
Rodriguez-monica(�z)_in nroecotitrtk-fl.0ov
3692
Special Magistrate Hearing - February 23, 2023
You are invited to a Zoom webinar.
When: Feb 23, 2023 09:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Hearing - February 23, 2023
Please click the link below to join the webinar:
https: •
Or iPhone one-tap :
US: +16465189805„83010163976# or
+16699006833„83010163976#
Or Telephone:
Dial(for higher quality, dial a number based on your
current location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar ID: 830 1016 3976
International numbers available:
https://mcnocc.zoom.us/u/kcxdf
3693
MONROE COUNTY CODE COMPLIA�,.-;E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE21070022
Property Location, 17140 OLD STATE RD. 4A, SUGARLOAF KEY, FL 33042
Parcel ID: 00118990000000
WOLFGANG NOACK
P.O. BOX 430216
BIG PINE KEY, FL 33043-0216
3694
................ .................
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL RECEIPTS TRACKING
Case Number: ¢a"m � 1 � ,
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Mt,,-4ROE COUNTY CODE COMPLIAN—
AFFIDAVIT OF POSTING
CASE: CE21070022
INSP: HALL, JANICE
Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: NOACK WOLFGANG , described as 17140 OLD STATE RD
4A , SUGARLOAF KEY, FL 33042 , having the property RE#: 00118990000000 with the Notice of Hearing
for this case with a Hearing Date of 02/23/2023
THIS NOTICE WAS POSTED AT:
XSUBJECT PROPERTY AS STATED ABOVE
Date: Time:
O;L 107
- Monroe County Courthouse — 500 Whitehead Street, Key West, Florida
Date: Time:
— Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida
Date: Time:
— Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida
Date: Time:
Signature:
Sworn to and subscribed before me this day of 2023.
r
-AS.MARSH,L I S LL
00 '131S!C;14 HH 070328
Ex'PjR_' 31 'Dccerrller 8 2024 24 Notary Public, State of Florida
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CERTIF!CATION OF MAILING:
1, � icz Vyq"6—t( , Monroe County Code Compliance, declare under penalty of
perjury, that I mailed a duplicate copy of the above-mentioned 1 6", is First Class Mail to: NOACK
WOLFGANG , PO BOX 430216 , BIG PINE KEY, FL 33043-0216
Signat re C:
Sworn to and subscribed before me this 9 day of 2023.
Notary Public, State of Florida
L 0 R OS S
JAMI'L GROSS
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Floridat'ry .
Notary Public State of Fic
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3698
Mt.-.,ROE COUNTY CODE COMPLIAN---
AFFIDAVIT OF POSTING
CASE: CE21070022
INSP: HALL, JANICE
I, p ' , Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: NOACK WOLFGANG , described as 17140 OLD STATE RD
4A , SUGARLOAF KEY, FL 33042 , having the property RE#: 00118990000000 with the Notice of Hearing
for this case with a Hearing Date of 02/23/2023 .
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time:
Monroe County ourthouse — 500 Whitehead Street, Key West, Florida
Date: "Z Time:
Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida
Date: Time:
Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida
Date: Time:
Signature:
and subscribed before`me this day of V 2023.
Sworn to ^y
aax..Ma �cLISsS�P�1-it� 1?L_ rer,
I My C d".q�i fJiJ FI 070328
ExF . h r ��� Notary Public, State of Florida
P hrud) pour ic Under,tirilers
Qr71,'.ea
CERTIFICATION OF MAILING:
I, ( l ( , Monroe County Code Compliance, declare under penalty of
perjury, that I mailed a duplicate copy of the above-mentioned i via First Class Mail to: NOACK
WOLFGANG , PO BOX 430216 , BIG PINE KEY, FL 33043-0216 .
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Signat re: �
Sworn to and subscribed before me this day of _tf 2023.
JAMIE L GROSS
Notary Public, State of Florida
Notary Public-State of Florida
a�'.. Commission N GG 315057
MY Comm.Expires Mar 21,2023 °
Bonded through National Notary Assn.
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CE21070022 RE:00118990000000 17140 OLD STATE RD 4A SUGARLOAFKEYMEN
Inspector: GRANT FEBRUARY 6, 2023
COURTHOUSE POSTING
3700
Uounty of Monroe
d
The Florida Keys �..
Code Compliance Department Board of County Commissioners
2798 Overseas Highway �( ��� � Mayor David Rice.District 4
Marathon,Florida 33050 Mayor Pro Tern Craig Cates, District 1
0",
Voice: (305)289 2810 / yy Michelle Coldiron, District 2
FAX: (305)289-2858 /
Jarcies K.Scholl, District 3
Holly Merrill Raschein, District 5
WOLFGANG NOACK
PO BOX 430216
BIG PINE KEY, FL 33043-0216
Jun 01, 2022
Subject: Code Case: CE21070022
Location: 17140 OLD STATE RD 4A SUGARLOAF KEY, FL 33042
Dear Property Owners,
The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as
a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of
the code compliance action and upon any and all other real and/or personal property you own.
Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the
fines continue to accrue in the amount of$ 100.00 per day until the property comes into compliance. A daily fine
of$ 100.00 per day has currently accrued for 85 days for a current total of$ 8500.00.
Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special
Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and
those costs are included in the Lien authorized under F.S. §162.09(3). To date, these costs are $ 435.88 and costs
will continue to accrue until the violations are corrected and the case is closed.
Therefore, the current amount of the Monroe County lien is $ 8,935.88 and fines and costs will continue to accrue
until compliance is achieved and payment is received.
Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County
Attorney's Office for further action.
Respectfully yours,
Janice Hall
Sr Code Compliance Inspector
305-289-2591
3701
County of
Monroe
The Florida
y
Corte Coin tplin nit DeMartrnent � � ii ��'�� Board of County ounEy Coraprrffiissloerers
2798 Overseas ffighvaav J, �eta ''a � "�� Mayor David Rice,District•t
'Marathon,Florida 33050 # A'N� � � li+.. � M avor Pro Tent Crate Cates,I7istrict 3
Voice:(305)289-2810 �, r �� Michelle C.oldiror l7istrict 2
1.yX (30572 -2$Sf4 % 8 Vacant District
Holly;Merrill Rasehein.. District 5
"4 OLFGAP" G NOACIC
PO BOX 430216
BIG PINE KEY,F1,33 43-0216
March 18,2022
Subject: Code Case CE21070022
Property 1-ocation: 17140 OLD STATE RIB 4A,ST,GARLOAF KEY, FL 33042
Real Estate No.: 00 118990000000
Dear Property Oww ner(s),
This letter is to inform you that our records indicate that the violation(s)remain on your property and the lines will
continue to rant in the amount of 100.00 per day until the property comes into compliance.
Additionally. a lien against your property was recorded in the Official Records of Monroe County on 03!18122. Book
3162, Page 231. 'The current amount of the County's lien is $ 1,435.88 (fines and costs) which continue to accrue and
increase until the case is compliant and closed.
This lien is a lien on the property that was the subject of the code enf-mce^ment action and upon any and all other real
and/or personal property You own.
You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe
C:;t:autaty Code Compliance Department, Attention: Nicole Petrick, 27/98 Overseas Highway. ``suite 330: Marathon,
Florida 33050. The County will then provide a Release and Satisfaction ot'l.,ien to you.
If you have achieved compliance, please contact.your Code Inspector at the appropriate location.
Middle Keys: 279E Overseas Ili hway, Suite 330, Marathon. FL 33050 (105)289-2 10
Upper Keys: 102050 Overseas 1-lighway, Key largo, FL 33037 (305)45 3-8806
ReSPectfullw wc,urs.,
T� �f
1
, �^�, �p,� .
Nicole Petrick, Liaison
l:'or questions regarding this letter,please contact your Inspector,
Janice 1-lall 305-289-2591 i
3702
Doc#2366590 Bk#3162 Pg#231 Electronically Recorded 3/18/2022 at 3:29 PNI Pages 2
Filed and Recorded in Official Records of M} ZOE COUNTY KEVIN MADOK
ElectronicallyREC: S18.50
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
VS.
WOLFGANG NOACK Case No.: CE21070022
Respondent(s). Subject Property Real Estate Number: 00118990-000000
LIEN/FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses
under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative
was not present via zoom webinar October 28,2021 and did not contest the violation(s)set forth in the Notice of Violation/Notice of
Hearing which is incorporated herein as if fully set forth.
(x) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(x) The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing
served upon the Respondent(s).
( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$
is ORDERED, payable within days of this Order.
(x) COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
(x) The Respondent(s)shall comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before
03/07/2022 ("THE COMPLIANCE DATE").
(x) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
110-140,(a) $100.00
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
hereby ORDERED.
(x) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondent(s)shall pay the total amount of cost and/or fines($ )to
Monroe County Code Compliance within thirty(30)days of this Order.
( ) Other.
Page 1
3703
Doc.#2366590 Page Number: 2 of 2
In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order 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, The County may institute foreclosure proceedings if the lien remains unpaid for three months
and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance,Attn: Office of the Liaison, 2798 Overseas Hwy., Suite 330,
Marathon,FL 33050,
IT IS THE RESPONDENT(S)RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COMPLIANT BY CALLING CODE COMPLIANCE AT(305)453-8806 FOR THE UPPER KEYS: (305)289.2810 FOR THE MIDDLE
KEYS:(305)295-4343 FOR THE LOWER KEYS.
DATED this 29TH day of October ,2021.
A
m, Special Magistrate
APPEALPROCEDURES
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by
filing a Notice of Appeal, signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY
HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES,
ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL
MAGISTRATE.ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER,
CERTIFICATE OF ORDER
CI here certify that this' a true and correct copy of the above Order.
Nicole Petrick, Liaison
CASE NUMBER: CE21070022
Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office:
WOLFGANG NOACK
PO BOX 430216
BIG PINE KEY, FL 33043-0216
Location of subject property:
17140 OLD STATE RD 4A
SUGARLOAF KEY, FL 33042
Real Estate Number: 00118990-000000
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s)via hand delivery 1 first
class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced
above and/or Authorized Re resentative N/A on this 29TH day of October ,2021.
Nicole Petrick, Liaison
Page 2
3704
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: WOLFGANG NOACK Case Number: CE21070022
PO BOX 430216
BIG PINE KEY, FL 33043-0216
Location: 17140 OLD STATE RD 4A , SUGARLOAF KEY, FL 33042
Re Number: 00118990000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 07/13/2021 and
subsequently found the following violation(s) of the Monroe County Code:
110-140.(a) - BUILDING PERMIT REQ/CH 6
APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE
REQUIRED FOR THE TWO (2) ACCESSORY STRUCTURES.
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based on
the specific scope of work. Additional permits, permit fees,
mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The
Fact permit is $500.00 (five hundred dollars) as per Monroe
County Code. All permits will require PASSING FINAL
INSPECTIONS.
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 10/28/2021 at 9:00 AM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO
WISH TO PARTICIPATE IN THE HEARING, SHOULD ATTEND VIA ZOOM WEBINAR.
INSTRUCTIONS ATTACHED HERETO.
( / You can avoid attending the hearing if all violation(s) noted above are corrected by 1.0/20/2021
a d you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is
not corrected by the time specified, the case may be presented to the Special Magist
violation has been corrected prior to the hearing. °U � 1
',ya; 3705
----------
The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear and/or be represented by an attorney or authorized agent. If You are represented by an
attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special
Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax:
(305) 289-2858, or email directly to Pet rick-Nicole((r njoii roccoulit v-f].go , prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
I'll Ips./LiLi c,Li i r(,) t COLIMVIJ�-i-iex -reC uesuom- If you are requesting the case file in preparation for your
hearing, your request should be submitted no less than ten (10) days prior to your scheduled hearing,
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form Must be made at least five (5) business days
before the date of the hearing. If you choose to request a continuance, contact the Code Inspector
listed below at least five (5) business days before the date of the hearing. A request for continuance
DOES NOT GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final Order.
3706
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do
not need to attend the hearing(s). Please contact your inspector at the approp pate location:
HALL, JANICE
Sr Code Inspector
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified
Mail, Return Receipt Request No.: 7019 1120 0000 62 1715 on 0 al
' . . '-ic,
Code Compliance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5)
calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call 711".
3707
Special Magistrate Hearing - October 28, 2021
You are invited to a Zoom webinar.
When: Oct 28, 2021 09:00 AM Eastern Time (US and Canada)
Topic: Special Magistrate Hearing - October 28, 2021
Please click the link below to join the webinar:
:. µ,a�..c. 9 1,58�� 27 1'1.._ :
84-6
Or iPhone one-tap
US: +16465189805„89158727846# or
+16699006833„89158727846#
Or Telephone:
Dial(for higher quality, dial a number based on your current
location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar ID: 8915872 7846
International numbers available:
gjBX Eb
3708
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL
RECEIPTS
Complaint Number:
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Hall-Janice
From: Code Compliance Complaint ^do_not_reply@civicp|uszom>
Sent: Sunday, July 4, 2021 11:43 PM
To: Code-Compliance-Complaints
Subject: New request received
-
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
Category Code Compliance Complaint has received a new request.
Here is what m/e have onfile:
Code Compliance Complaint Form
sua^xmcR
ca�e�o/v Code Compliance Complaint Via Marshall
s pu box45zs53
�suu^euro unassigned port Lauderdale,B3334s
suhmuzed 7/4/202111:42PM COmT�cT
�co,ce VVebske99J2.6l188
1714O Old State Road Unit 4a Sugarloaf p| nsAUssTosTmo
33042
vvv|fgpnomoack oo�o/nuon
17,
This owner have remodeled his entire home plus a guest house without
permits.
P|ss�e nou�me�nxo�io�a�enc�es m���ad of ugoQ�h/� ecomp|ax`t
po,comp|ama�0a,dm�comTn4zTonSp|ea^eo�e�xe
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1
This owner have remodeled his entire home plus a guest house without
permits.
17140 Old State Road Unit 4a Sugarloaf FI 33042
Wolfgang Noack
17
Via Marshall
Po box 451653
mrvmrshll@aol.com
Email
2 ( %/ / ,
Hall-Janice
From: Thompson-John
Sent: Wednesday, July 7. 2021 9:37AM
To: Hall-Janice
Subject: FVV This is what the property looked like before b was renovated with nopermit
Attachments: 98FDE24F-AO[8-4081-AO11-13891E1313A2]jpeg; 8[53B9D9-
F1F[-44G3-9FBB-1C1368ODBE94jpeg; 8F2F8E9F-7C92-4371'9E1C'1E442DD57706jpeg;
04B8B2C8-6BBA-4OD3-88D6'A[784D684S9Djpeg;
49EAD283-45A3-4DB7-8E37-750EFAB7D544jpeg; EEE3FO76-D288-4095-B848-
F]4A89E41B43jpeg; ADE[96AD-24]7-4A2D'BBEO'EOB1E8[65ADOjpeg;
B91D4161-484E-4028'AD81'8S7O[[8E26D4Jpeg; CCFAC744-7639-4[F&A070-
AU[B8DD[4[8Fjpeg; 275FF895-[4F6-4C3F'B1A8'14[4DF896276jpeg
From: mn/nnoh||@ao|.com <mrvmrsh||@au|.com»
Sent: Monday,June Z1, 2U21l:46PM
To: Sullivan-Steve <Su||ivan'Steve@monroecounty-f|.Qov>; Thompson-John <Thompson']ohn@MonroeCounty'FL.Gov>
Subject: Fw:This is what the property looked like before it was renovated with no permit
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
0open attachments you were not expecting.
17140Old State Rd Unit 4/\ Sugarloaf, FL 33042
3712
�
Hall-Janice
From: Thompson-John
Sent: Wednesday, July 7, 2O21 9:36AK4
To: Hall-Janice
Subject: RW: 1714O Old State Rd Unit 4ASugarloaf
Attachments: photoJPG; 0e1e1u21-6f73'4cd5-Qc81-77bdc366427[]PG; |MG_0365JPG
From: mrvmrshU@ao|zom <mn/mmhU@ao|zom>
Sent: Friday,July 2, 2OZ1I2:SOPM
To:Thompson-John <ThompsonJohn@oMonrneCuunty-FLGnv>
Subject: 17l4O Old State Rd Unit 4ASugarloaf
—
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
0 open attachments you were not expecting.
Hi
This DrOD8rt« was renovated without permits. I don't understand how, when I have been trying to get
permits to PeOOV@t8 [DV DPOD8rt«. H8P8 are @ f8VV DiCiUreS of the work that was done. I do have more
pictures if you VVOUld like.
Thank you
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3718
Hall-Janice
From: Lustbe»g-Bizabeth
Sent: Tuesday, August 24' 2021 10:59AK4
To: Hall-Janice
Cc: Stein-Bradley
Subject RE: 1714O Old State RdREOO178990-O0OOOOreferral
Attachments: 2019-098 8OCI Ord. 01O'2021.pdf
They would need a building permit. When reviewing the permit application planning would review for whether the
proposed accessories comply with all of the regulations including whether they are accessories rather than dwelling
units. Please see the definition of accessory on page S of the attachment and the definition of dwelling unit starting on
page 6of the attachment.
LizLustber8
Senior Planner, Planning and Environmental Resources, Monroe County
/305\ 289-2532
2798 Overseas Highway, & le410
Marathon, FL33O5O
From: Hall-Janice <Ha||-Janice@MonnoeCounty+FL6ov>
Sent:Tuesday, August 24, 2021 1O:5IAM
To: Lustberg-Elizabeth <Lustber8'E|izabeLh@MonnoeCounty-FLGov>
[o Stein-Bradley<Stein'Brad|ey@ Monrue[ounty-FL6nv>
Subject: RE: 17140O|d State Rd RE00118990-000000 referral
Liz,
Just tm clarify, a building permit is what is required and nothing from planning at this time.
Fnmnn: Lustbarg-Elizabeth <
Sent:Tuesday, August 24, 20211O:48AM
To: Hall-Janice
Cz: Stein-Brad|ey
Subject: RE: 17140 Old State RdREOOI189gO-O00UOUreferral
No. Accessories to a house are allowed asofright, meaning they need building permit but not conditional use approval.
Liz Lustberg
Senior Planner, Planning and Environmental Resources, Monroe County
(305) 289-2532
270B Overseas Highway, Suite 410
Marathon, FL33O5O
From: Hall-Janice
Sent:Tuesday,August 24 202110:414M
Tu: Lustb2rg-Bilabeth ���iO'B[8���y
FLGov>
Subject: RE: 171400d State Rd RE00118990-000000referra|
�
Liz,
Thank you for your quick response.
If these J additional dwellings are accessory structures and not considered dwellings per the ordinance, would they
need a conditional use permit?
Janice
Fnorn: Lustberg-E|izabeth <LusLbe �
Sent:Tuesday, August 34' 2OZ11O:3OAK4
To: Stein-Bradley
Cc: HaUJanice
Subject: RE: 17140 Old State RdKEO01I899O'OUOOOOreferral
1714O Old State Rd, Sugarloaf
OO11899O-U
3 structures on property 2OO2-2O18 aerial photos
Z structures on property 19O5 aerial photos
2O1O Aerial Photo MCG|S
2
............._........
i
!gig
j
1985 Aerial Photo MC GIS
All of property is designated Tier 1. Part of the property (with the house) has Residential Low FLUM and Sparsely Settled
zoning. Part of the property (south and east of the house) has Residential Conservation FLUM and Native Area zoning.
Permit A10571 received a CO for a single family residence on 12/22/1986. (application date 5/26/1983)
This permit is for the round house in its current location. That site plan does not indicate any other structures.
Permit A8622 for auger and foundation columns, with application date 9/1/1981 depicted a square house in the location
of the current round house.
I do not see permits for the other 2 structures.
Native Area Sec. 130-89 and Sparsely Settled Sec. 1.0 96 allow for detached dwellings and their accessories. Please
note that Sparsely Settled requires 80%open space and Native Area requires 95%open space Sec. 130 1 57.
Attached is ordinance 012-2021 which clarifies the definitions of dwelling unit and accessory. An accessory to a house
cannot create an additional dwelling unit.
Liz Lustberg
Senior Planner, Planning and Environmental Resources, Monroe County
)'_U..t_i E r. :eGez k�:ryte7(�z4 tcz�sroec.ora_n
(305) 289-2532
2798 Overseas Highway, Suite 410
Marathon, F=1._. 33050
From:Stein-Bradley<S't��a�:-a3r��clle vl\L nwL I C:r�brgt FL �pgy
Sent: Monday, August 23, 2021 4:09 PM
To: Lustberg-Elizabeth b'tBr aaMonroe( o;.r t r P Gov>
Cc: Hall-Janice <Hal �atla..ir� %+ l�Ic r�er a Cc ur�t 1 tbc�t�>
Subject: FW: 17140 Old State Rd RE00118990-000000 referral
Liz, wotfld you please provide a response for. Planning to Code Cornpliaanr e for this property.
Brad Stein, AICP
Planning F. Developriaent. Review iVlanager..
Monroe Couniy Planning Lnvironn�eental Resources I:'tepartment
Y_ airrat':. .I C rky
eiA naL>>Gr rr o ?Iv ttrtr art r._
9,2507
2798 Overseas Highway, Suite 400
Marathon, Fl. 33050
From: Hall-Janice <Lill C�lrltr a�(ca7pCcrtr�r r C rao�aaty ! C.rlv>
Sent: Monday, August 23, 2021 3:07 PM
To: Stein-Bradley<Sti_in 'B �acfle c0 d`C1r ia_t oeC atmunty I I..`:;ov>
._
Subject: 17140 Old State Rd RE00118990-000000 referral
Brad,
I am attaching a referral and some photos. Please reach out with any questions.
Thanks,
laEl LJ.< aECct.Cr��btmc. nn�t;LeL_L,rltr'vtt�a.I..:g:CLC
Please note: Florida has a very broad public records law. Most written communications to or from the County regarding
County business are public record, available to the public and media upon request. Your e-mail cammunication may be
subject to public disclosure
7/26/23, 12:43 PM gPublic.net-Monroe County, FL-Report:00118990-000000
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.The
MMonroe C my P ope�yy Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
QIf)c�/� II` 1 W tlax year may not be applicable in prior or subsequent years.By requesting such data,you
hereby understan and agree that the data is intended for ad valorem tax purposes only and should not be relied on for
any other purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00118990-000000
Accounttk 1152536
Property ID 1152536fifffC
Millage Group 100C
Location 17140 OLD STATE Rd 4A,SUGARLOAF
Address KEY
Legal 13 67 27 SUGAR LOAF KEY LOT 10 RESUB
Description OF GOV LT 2 US PATENT 1149765 OR31-
126 OR794-165/66 OR830-1807 OR2289
1396/97 OR2529-543
(^date N of to be used on Ieg7l do(t,jments.)
Neighborhood 366
Property Class SINGLE FAMILY RESID(0100)
Subdivision
Sec/Twp/Rng 13/67/27
Affordable No
Housing
Owner
PO Box 430216
Big Pine Key FL 33043
Valuation
2023 Preliminary
Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ Market Improvement Value $386,083 $394,858 $358,081 $272,636
+ Market Misc Value $346 $346 $346 $1,139
+ Market Land Value $403,225 $266,335 $228,310 $213,100
= Just Market Value $789,654 $661,539 $586,737 $486,875
= Total Assessed Value $558,756 $542,482 $526,682 $486,875
School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000)
= School Taxable Value $533,756 $517,482 $501,682 $461,875
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2021 $228,310 $358,081 $346 $586,737 $526,682 $25,000 $501,682 $60,055
2020 $213,100 $272,636 $1,139 $486,875 $486,875 $25,000 $461,875 $0
2019 $213,100 $275,882 $1,139 $490,121 $490,121 $25,000 $465,121 $0
2018 $275,890 $282,373 $1,139 $559,402 $559,402 $25,000 $534,402 $0
The P7axirnun7 Por mi)iliry i,in Usti atu only and should not be relied capon rrs.he actual pormbility aniount.Contact Our olfu e to verify tVr¢rro u3i porzabikty Wr0L1r1t.
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRY(010D) 39,000.00 Square Foot 0 0
ENVIRONMENTALLY SENS(OOOX) 1.60 Acreage 0 0
Buildings
Building ID 7713 Exterior walls HARDIEED
Style STILT 1 STORY Year Built 1986
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2011
Building Name Foundation CONC PILINGS
Gross SgFt 8585 Roof Type IRR/CUSTOM
Finished Sq Ft 2339 Roof Coverage METAL
Stories 2Floor Flooring Type CERM/CLAYTILE
Condition AVERAGE Heating Type FCD/AIR DUCTED
3723
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Perimeter 180 Bedrooms 3
Functional Obs 0 Full Bathrooms 2
Economic Obs 0 Half Bathrooms 0
Depreciation% 12 Grade 500
Interior Walls DRYWALL Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
CPU COVERED PARKING UNFIN 1,734 0 205
EUF ELEV UNFIN FD 1,320 0 163
CBF FINISHEDCABAN 1,320 0 210
FLA FLOOR LIVAREA 2,339 2,339 180
LLF LOW LEV FIN 315 0 66
OPF OP PRCH FIN LL 516 0 206
OUF OP PRCH FIN UL 1,041 0 216
TOTAL 8,585 2,339 1,246
Yard Items
Description Year Built Roll Year Size Quantity Units Grade
UTILITY BLDG 1949 1950 7 x 13 1 91 SF 1
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
7/28/2011 $217,500 Warranty Deed 2529 543 38-Unqualified Improved
4/20/2007 $550,000 Warranty Deed 2289 1396 Q-Qualified Improved
6/1/1979 $5,000 Conversion Code 794 165 Q-Qualified Vacant
Permits
Number : Date Issued C Date Completed : Amount Permit Type Notes
12104186 11/2/2012 1/4/2013 $3,750 Residential ATF EXTERIOR REMODEL
1057-A 5/1/1983 12/1/1986 $40,465 Residential NEW CONVENTIONAL SFR
8622-A 9/1/1981 10/1/1983 $4,048 Residential FOUNDATION&COLUMNS
View Tax Info
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Sketches(click to enlarge)
3724
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8 Q F (173411 (31 (1320) (2339)
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25 CBF
(600)
(1041)
(144)
Photos
1
3725
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Map
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TRIM Notice
2022 Notices Offl/
Schneider
ocosPATIAL
3726
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ZUZZ Fala Keaj tstate
MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
Cl) co LLI
6 Ln
1152536 1 00C 152536 LO N 0
Ln (3
7 1 00f
ell 0
0 LU
NOACK WOLFGANG i u
00118990000000136727 � z
PO Box 430216 <
17140 OLD STATE Rd _j
Big Pine Key, FL 33043-0216 cv ui
x
13 67 27 SUGAR LOAF KEY LOT 10 RESUB OF GOV
LT 2 US PATENT 1149765 OR31-126 OR794-165/66
OR830-18
L)
a) Cu
In,,AD VALOREM TAXES 21
SCHOOL STATE LAW 305-293-1400 1.2640 542,482 25,000 517,482 654A0
SCHOOL LOCAL BOARD 305-293-1400 1.6980 542,482 25,000 517,482 878.683
GENERAL FUND 305-292-4473 0.7138 542,482 50,000 492,482 351.53
SCHOOL
LAW ENFORCE JAIL 305-292-7017 1.7663 542,482 50,000 492,482 869.87
HEALTH CLINIC 305-296-4886 0.0417 542,482 50,000 492,482 20.54 as
M
GENERAL PURPOSE 305-292-4473 0.1626 542,482 50,000 492,482 80.08 5j
MOSQUITO CONTROL 305-292-7190 0.4565 542,482 50,000 492,482 224.82 z
M C LO
CAL
ROAD PATROL 305-292-7017 0.3201 542,482 50,000 492,482 157.64
M LA
SFWM D'ST 800-432-2045 0.0948 542,482 50,000 492,482 46.69
0 C >
KEE HOBEE BASIN 800-432-2045 0.1026 542,482 50,000 492,482 50.53
0
LOWER&MIDDLE KEYS FIRE&AMB 305-292-4473 1.8330 542,482 50,000 492,482 902.72 z z -
n �
EVERGLADES CONST PRJT 800-432-2045 0.0327 542,482 50,000 492,482 161 C 0 0
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0
TOTAL MILLAGE 8.4861 AD VALOREM�TAXES $4,253.30
NON-AD VALOREM ASSESSMENTS
MO CO SOLID WASTE 305-295-4323 446.00
NO --%�0. .
--------7 NON-AD VALOREM ASSESSMENTS $446.00
COMBINED TAXES AND ASSESSMENTS $4,699.30 See reverse side for
important information,
If Postmarked By Please Pay �ec 31,2022$0.00 IF PAID BY
SAM C. STEELE, C.F.C.
2022 Paid Real Estate
MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
1152536 100C 1152536
00118990000000136727
NOACK WOLFGANG 17140 OLD STATE Rd
PO Box 430216
t: Big Pine Key, FL 33043-0216 13 67 27 SUGAR LOAF KEY LOT 10 RESUB OF GOV
z LT 2 US PATENT 1149765 OR31-126 OR794-165/66
OR830-18
CHECKS ON U.S.BANKS ONLY MADE PAYABLE TO SAM C.STEELE,C.F.C.TAX COLLECTOR*P.O.BOX 1129,KEY WEST FL 33041-1129
If Postmarked By Dec 31, 2022
Please Pay $0.00
----------
Paid 12/15/2022 Receipt# 211-22-00000258 $4,558.32 3727
Paid By RELIANCE PROPERTY MANAGEMEN
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MONROE COUNTY, FLORIDA
i
RESOLUTION NO.05�L201.4
r%
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL
ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE
SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF f
FOR NON-COMPLIANT PROPERTIES, FORECLOSURE r
AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION
OF UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER; AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8-31(a)
give the Special. Magistrate appointed to hear Code Compliance cases the authority to impose i
fines and costs including the cost of repairs if the County is forced to make repairs, after a
finding that the property owner has violated the Monroe County Code(s); and
WHEREAS pursuant 20(3), Florida. Statutes and Monroe County Code 8- t
( ) feed of an Order imposing py a tine or a tine plus repair costs may be recorded
in the public records and thereafter constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator; and
I
WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all
real and personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded
liens;
and
WHEREAS, the initiation of litigation may be the only incentive for some property owners to
gain compliance; and
WHEREAS, the Board of County Commissioners finds it in the public's interest to have a
formalized written procedure to be used after a Final Order has been rendered by the Code
Compliance Special Magistrate to initiate injunctive relief on non-compliant properties, j
foreclosure and/or money ,judgment actions for collection of unpaid fines and/or costs from a
property owner;
March 19, 2014 Code laien Procedure 1
3728 J
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYlj
COMMISSIONERS OF MONROE COUNTY:
Section 1: 'fhe County's formal procedure is hereby adopted as set forth in Attachment A:
PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY
THE CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE
RELIEF FOR NON-COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY
JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS
FROM A PROPERTY OWNER.
Section 2: This resolution and the incorporated policies shall become effective upon
adoption by the County Commission.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS
of Monroe County, Florida, at a regular meeting of said board held on the 19th of
March 2014.
Mayor Sylvia Murphy Yes ,--
Mayor pro tern Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner George NeUgent Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN'fY, FLORIDA
B Y:
55
Ma or Sy Nta Murphy
"AL)
EST: AMY HE�A 7N, CLERK.
IN
01
Deputy Clerk OE ATTORNEY
Ll
Dtft
Ln
CIO
March 19, 2014 Code Lien Procedure 3729
ATTACHMENT A
PROCEDURES TO BE USED AFTER A FINAL ORDER HAS BEEN RENDERED BY THE
CODE COMPLIANCE SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF FOR
NON-COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT l
ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER
7 `I
1. Special Magistrate (SM) enters a Final. Order imposing a compliance date, fines and/or casts
after a finding of violation of Monroe County Code(s) by property owner(violator) or
r
approving a Stipulated Agreement with an agreed upon compliance date and fine amounts. The
Final Order of SM providing the compliance date, and imposing fines and/or costs is provided
to the property owner as soon as practicable. Referrals, if not made previously, are made to
other agencies in appropriate circumstances. 1
2. The final Order of the SM is recorded by Code Compliance (CC) as a lien by Code
Compliance within 14 days after the compliance date for those cases that have not achieved ,
compliance.
3. The Final Order of the SM is recorded as a lien by CC within 45 days after the compliance date
for those cases that have achieved compliance by the compliance date but have outstanding t
costs in excess of$200. 1
i
4. If compliance is not achieved within 75 days of the recording of the lien, then a re-inspection of
the property is completed by the Code Inspector assigned to the case. If the property is still not
in compliance then a demand letter including the current amount of fines and/or costs is sent to
the property owner,
5. If compliance is not achieved within 90 days of'the recording of the lien and/or the lien is not
satisfied, then. CC will research the subject property to determine:
i. if the subject property is homesteaded;
ii. if the subject property is the only property owned by property owner/violator;
iii. what efforts, if"any, the property owner has made to achieve compliance;
iv. the amount of the lien accrued to date; and
v. any other relevant factors, including but not limited to researching the status of the
property owner, i.e. any Lis Pendens filed against the property or property owner, any
pending or closed foreclosure actions, any open, pending or discharged Bankruptcy
petitions.
6. CC staff shall provide a written memo or email to the County Attorney's Office (CAY)with
i
the results of the research outlined and requested further action,
7. The CAY will review the information provided by CC staff.
8. The CAY will move the SM per F.S. 162.09 for an Order authorizing foreclosure or a money
judgment action; and,
March 19, 2014 Code Lien Procedure
3730
i. The Code Compliance Liaison (Liaison) will schedule the motion for the next
available SM hearing for a Motion for approval to proceed with a foreclosure and/or
money judgment action;
ii. The Liaison will mail a Notice of Hearing and Notice of Motion prepared by the
Liaison and signed by the CAY to the property owner by certified mail noticing the
owner of the date, time, place and the substance (collection action, foreclosure
and/or money judgment and/or writ of attachment) of the motion;
iii. The Liaison will email/calendar a re-inspection request to the assigned Inspector to
conduct inspection prior to the next available SM hearing;
iv. The Motion hearing is heard by SM on the specified date;
v. If SM finds foreclosure or money judgment is appropriate, the Liaison will notice
the property owner of the SM's ruling and email/calendar a re-inspection request to
the assigned Inspector to conduct an inspection within 30 days of the SM ruling;
vi. CAY will seek permission from the Board of County Commissioners to file for
foreclosure or money judgment in court;
vii. The assigned Code Inspector will continue to monitor the property for compliance
through re-inspections every 90 days and attempts to notify the owner by a quick
email letter, telephone call or demand letter every 90 days to inform them that the
property is not in compliance and fines are running. The assigned Code Inspector
will. provide written updates to the CAY every 90 days.
9. Subsequent to the SM's ruling on the Motion, the CAY will place an item on the Commission's
agenda seeking the Board's direction and authorization on further enforcement and collection
efforts. Potential options for litigation include seeking injunctive relief, a money judgment for
the unpaid fines, foreclosure, or other relief. Potential non-litigation options include referral to
another agency, allowing liens to accrue, or other relief.
10. If the recommended legal action is referral to another agency, release of lien, or allowing liens
to accrue, CAY will send a written memo or email to the Director of Code Compliance
outlining recommendation.
11. Once authority is granted by SM and/or Board of County Commissioners, CC will order a title
search on non-homesteaded properties, and the assigned Code Inspector will conduct a re-
inspection after receipt of the title search. Litigation will commence after the title search is
completed and a current re-inspection is completed. The assigned Code Inspector will continue
to monitor the property for compliance through re-inspections every 90 days and attempts to
contact the property owner by a quick email letter, telephone call or demand letter every 90
days that the property is not in compliance and fines are running. The assigned Inspector will
provide written updates to the CAY every 90 days.
12. If the Board decides not to authorize injunction or enforcement litigation, a decision from the
Board could include direction to:
i. Allow lien to remain filed and accrue interest until sale or refinancing; or
ii. Release the lien; or
iii. Request CC staff to provide a progress report on compliance efforts annually at
the March BOCC meeting.
Exception—If a violation poses a serious threat to the public health, safety & welfare then immediate
permission to file an action for an inspection warrant, injunction and/or demolition may be sought with
BOCC direction.
March 19, 2014 Code I.Jen Procedure
3731