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Item P02 P2 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 October 18, 2023 Agenda Item Number: P2 2023-1586 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against KRISTIE AUSSUBEL & DAVID DONOVAN and their property, 449 Barracuda Blvd., Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE20060108. ITEM BACKGROUND: CE20060108: This property has been the subject of a code compliance case for land clearing (not compliant). The fines total $84,150.00 as of September 13, 2023 and will continue to accrue at $150.00 per day, until compliance is achieved. A hearing was scheduled for November 18, 2021 and the property owner was present. The Special Magistrate found the property in violation and ordered compliance dates of February 28, 2022 and May 23, 2022. The County's lien was recorded on June 3, 2022. A subsequent hearing was held on March 30, 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 of the property at $1,005,446. There is a mortgage in the amount of$514,250, which predates 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 4952 owned by the property owner; and/or, 3. Release the lien. County staff recommends (option 1) 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: CE20060108 AIS Supporting Does Aussubel c& Donovan.pdf Resolution 057-2014 LIEN PROCESS.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 4953 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE20060108 KRISTIE AUSSUBEL &DAVID DONOVAN, ) 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 31s' day of 7March at the Marathon Government Center,Marathon, Florida. John G. � ingh Special a CERTIFICATE OF ORDER I her ertify that thi is a true and correct copy of the above Order. Nicole 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 w/the Monroe County Property Appraiser's Office and/or Authorized Representative, N/A , on this 31It day o March , 2023. Nicole Petrick,Liaison 4954 COMPLIANCEMONROE COUNTY CODE FLORIDAMONROE COUNTY, Subject: Code Compliance Case CE20060108 Property Location: 449 BARRACUDA BLVD., KEY LARGO, FL 33037 Parcel ID: 00552190-000000 KRISTIE AUSSUBEL & DAVID DONOVAN 449 BARRACUDA BLVD. KEY LARGO, FL 33037 4955 BRIEF FOR KRISTIE AUSSUBEL & DAVID DONOVAIN —CE20060108 MOTION FOR COLLECTIONS 3/30/2023 htt ://mceseaArch.mionroecounl -fl. ov/code/CE20060108 Monica Rodriguez c Research Analyst - Monroe County '� Subject Property - 449 BARRACUDA BLVD., KEY LARGO, FL Violation(s)- 0 6-100 — permits required — land clearing (permit#19302170 voided; not compliant) • 118-7 —general environmental design criteria (not compliant) 0 118-10 —environmental design for specific habitat types (not compliant) a Property is NOT in compliance Lien was recorded in the Official Records of Monroe County on 6/3/2022, Book 3177, Page 1346 and remains unpaid. 0 Lien $59,188.08 as of March 27, 2023 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 2/3/2023 to address on PRC. Return receipt was not received signed, therefore, the courthouse and subject property were both posted with the hearing notice on 3/13/2023, 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. 4956 BEFORE T xtE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE20060108 KRISTIE AUSSUBEL AND DAVID DONOVAN,) 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 June 3, 2022, Book 3177, Page 1346 on the property that was the subject of the code compliance action described as: 449 BARRACUDA BLVD. KEY LARGO, FLORIDA 33037, MONROE COUNTY, RE# 00552190000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of January 18, 2023 is $48,988.08 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on March 30, 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 WEBI:NAR. INSTRUCTIONS ATTACHED HERETO. Kelly M. I all Assistant County tl:o Fla. Bar No. 105 Lh.o Keli c Moii oeC,o1k1 ty-f1. LJQY 1111 12' Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this -3 day of......f .bru r1 2023 a copy of the foregoing was furnished to Receipt 9 1°l 1120 OOoO 1o23 0 2-15 8 ......�.......,to Respondent(s)via Certified Mail Return Recei t Request No. 1 b 449 BARRACUDA BLVD.KEY LARGO,FL 33037. Code Compliance 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 days prior to the scheduled meeting; if you are hearing or voice impaired,call"711". 4957 County of Monroe The Florida Keys oddC Board t t�rrt Commissionersral 2798 Overseas Highway ` Mayor Craig Cates, District 1 Marathon,Florida 33050 - ', Mayor Pro Tern Holly Merrill Raschein,District 5 Voice:(305)289-2810 Michelle Lincoln,District 2 FAX: (305)289-2858 James K. Scholl, District 3 David Rice,District 4 KRISTIE AUSSUBEL AND DAVID DONOVAN 449 BARRACUDA BLVD. KEY LARGO,FL 33037 January 18,2023 Subject: Code Case: CE20060108 Location: 449 BARRACUDA BLVD., KEY LARGO, FL 33037 Dear Property Owners, 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 March 30, 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 WEBINA . INSTRUCTIONS ATTACHED 14 RE'rO. 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, FL 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, LW wl'% Monica lod guez Code Compliance Research Analyst 305-289-2586 ! riguez-iriotiie,i@mrelITroeCOt1r7 -1"l.10V 4958 Special Magistrate Hearing - March 30, 2023 You are invited to a Zoom webinar. When: Mar 30, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate (Hearing - March 30, 2023 Please click the link below to join the webinar: . Or iPhone one-tap : S: +16465189805„85448489399# or +16699006833„85448489399# 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: 854 4848 9399 International numbers available: 4959 �MONROE COUNTY CODE COMPLIk CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE20060108 Property Location: 449 BARRACUDA BLVD., KEY LARGO, FL 33037 Parcel ID: 00552190000000 KRISTIE AUSSUBEL AND DAVID DONOVAN 449 BARRACUDA BLVD. KEY LARGO, FL 33037 4960 MONROE COUNTY FLORIDA CODE COMP: T ' REGISTERED MAIL RECEIPV, T: Case Number: C 20 (jolo � �, CERT #: M W ;o -< 4 � d -101cl 1120 00 o 62.30 2 o u a \ PI GOOD SERVICE: a C Ww r NO SERVICE• > w .`,� N., " > E. IN 4 ' o +IC".VVV umu� co u.. 0' Csb �, f� m a o O �_. RJ ru M Ceirtifflod II0 suV I � � d°`[ z 0 �R 0 ,+ y d p q. C dl��b e e gigue MPo 1k 41 �� d �. [ "gumI IId 11 gQ Vra�Pu Vcp $.......,.. .. fi .ua�P'd�¢alb V�s¢� rtrdaaaardu kNdraa e��t�'d�e�.. ... 33 oI � �A 81 Irulftuo ue��~ro quillaaiEr _ .....� �s w E ru a V� wm �w rl mAnY9 �m�� .'. I � ruru lAl E' �"�"v"d2� �t^ p�p��I�I YY p�y�"��y q��ry y�+y 0 W i 'fF a3d 7BC9'A�S � P ..M�1 V"J'� '"0' � PV �� W pL N rtarN��aP o ......� 1A a� ac 3 dad il� nl, "a Lclmaw �. a I6 � & Y ✓f/y d � 1 u� Illriuw�l�a�°� ��ru��ld��J,yllt ara W1 dip i,mP VT " Jr pub � � fi 9 r �rv@ B�f "a d ,V 7 r 1 dd�'u r r a 4961 M`AROE COUNTY CODE COMPLIAK_c AFFIDAVIT OF POSTING CASE: CE20060108 INSP: MCPHERSON, CYNTHIA I„ 1 Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: AUSSUBEL KRISTIE AND DONOVAN DAVID , described as 449 BARRACUDA BLVD , KEY LARGO, FL 33037 , having the property RE#: 00552190000000 with the Notice of Hearing for this case with a Hearing Date of 03-30-2023. THIS NOTICE WAS POSTED AT: t/ SUBJECT PROPERTY AS STATED ABOVE Date: 1� 'a 3 __. Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: V Plantation Key Courthouse—88820 Overseas Highway, Tavernier, Florida Date: I Time: SI t Sworn to and subscribed before me thi day of � BRENEDYRIG13Y w MY coMMISSION#HH 301507 EXPIRES:September 5,2026 No ry Public, State- of FI da CE, ON OF G: I, Monroe County Code Compli e, declare under penalty of jury,That I m rV, d cate copy of the above-mentioned Notice ` R t ass Mail to: AUSSUBEL KRISTIE AND D I AVID , 449 BARRACUDA BLVD , KEY IL GO 3037 . Signature* Sworn to and subscribed before me this-4/de-y of _ , 2023. FF1 usas.ti,�RSHA�� Notary Public, State of Florida OMMISSION#HH 070328 IRES:Decernber 8,2024 Thru�VnBay NO.^underwriters 4962 /�i/ i 77— ti i r ' q JL .o- „p � � �,„,;, �� ✓ r, n y r�md ............, ✓/1� y ,� �w r „, y 1. /b hjC^l '�r I 6 III.. Hr' Y 4, Y i Fl, r r /✓' / //ill r %�y�� I� i � '�i m � ��' d / � 4ow��/� /��U�l `NdA�� it�y�uMl�awF+�lsslu��u�wr<a�w �a,Urr�w�r�✓v,.�r�awdi�M� es rM��1 PROPERTY POSTING CE20060108-AUSSUBEL 449 BARRACUDA B LV D SR INSEPCTOR L CUTIE 3-13-2023 4963 l' fi III 'i �� °i� iuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuu""""""" 1 COURTHOUSE POSTING CE20060108-AUSSU BEL 449 BARRACUDA BLVD SR INSEPCTOR L CUTIE 3-13-2023 4964 County of Monroe The Florida Keys Code Compliance Department � " Board ol'County Commissioners 2798 Overseas Highway Mayor David Rice,District 4 Marathon,Florida 33050 Mayor Pro Tern Craig Cates,District 1 Voice:(305)289-2810 Michelle Coldiron,District 2 FAX: (305)289-2858 James K. Scholl,District 3 Holly Merrill Raschein,District 5 KRISTIE AUSSUBEL AND DAVID DONOVAN 449 BARRACUDA BLVD KEY LARGO,FL 33037 August 17, 2022 Subject: Code Case: CE20060108 Location: 449 Barracuda Blvd, Key Largo, FL 33037 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$ 150.00 per day until the property comes into compliance. A daily fine of$ 150.00 per day accrued for 169 days for a total of$25,300.00. 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 $ 538.08 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 $25,888.08 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County Attorney's Office for further action. Respectfully yours, IYAW" Cynth a J. McP �on Sr. Director, Code Compliance 305.289-2508 cPllet-son- yi thug,'ttl(,)iil ecount�fN. v 4965 C,ourlty of, Monroe Code Compliance 0guartappm 82ard of County Cuaa igissioners 2798 Overseas Highway �� * �- Mayor David Rice,District 4 Marathon Florida 33050 d`°i��t�A, Mayor Pro Tem Craig Cates,District 1 Voice:(305)289-2810 i Michelle Coldiron,District 2 FAX: (305)289-2858 ,M � James K.Sehnll,District 3 a � Holly Merrill Raschein.District 5 KRISTIE AUSSUBEL &DONOVAN DAVIID 449 BARRACUDA BLVD KEY LARGO,FL 33037 June 3,2022 Subject: Code Case CE20060108 Property Location: 449 BARRACUDA BLVD, KEY LARGO,FL 33037 Real Estate No.: 00552190000000 Dear Property Owner(s), This letter is to inform you that our records indicate that the violation(s)remain on your property and the fines will continue to run in the amount of$ 150.00 per day until the property comes into compliance. Additionally, a lien against your property was recorded in the Official Records of Monroe County on 06103/22, Book 3177, Page 1346. The current amount of the County's lien is $ 14,589.48 (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 enforcement 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 County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon, Florida 33050, The County will then provide a Release and Satisfaction of Lien to you. 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, FL 33037 (305)453-8806 Respectfully yours, Nicole Petrick, Liaison For questions regarding this letter, please contact your Inspector, Cynthia McPherson 305-289-2508 )a 4966 Doc#2378364 Bk#3177 Pg#1346 Electronically Recorded 6/3/2022 at 2:39 PM Pages 3 Filed and Recorded in Official Records of M("7,OE COUNTY KEVIN MADOK ElectronicallyREC: $27.00 BEFORE THE COUNTY COD COUNT COMPLIANCE SPECIAL MAGISTRATE MONRIDA MONROE COUNTY FLORIDA, Petitioner, vs. KRISTIE AUSSUBEL&DAVID DONOVAN Case No.: CE20060108 Respondent(s). Subject Property Real Estate Number: 00552190-000000 LIEN 1 FINAL ORDER. Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact.and Conclusions of Law are ORDERED: The Respondenl(s)and/or Authorized Representative IKRISTIE AUS'StfBEL was resent via zoom webinar November 18 2021 and dId n contest t e violatloric(s)set art in t e ,tics o Violation Notice of earing which is incorporated 6 r;l u y set orth. (x) The Respondents)islare the owner(s)of property located within Monroe County and wasMere duly noticed of the hearing. (x) The Respondent(s)islare in violation of the Monroe County Codes)as fully set forth in the Notice of Violation/Wce of Hearing served upon the Respondent(s), ( ) ONE-TIME FINE-The violations)is found to be irreparable or irreversible and a one-time fine of$ 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( 0)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 Viol ationlNotice of Hearing on or before 10212812822 and 051231202 see betot-° ('"THE COMPLIANCE DATE"). (x) In the event the violations)were or are not ow MGM on the compliance date previously ordered or on the compliance date set forth herein,fines)in the dollar amount. I It1.10 50,00 *Cara llance Gate:021211022 116�1. 60,0I *Cor1t fiance Date:01212022 6.100 60.00 *Corn liance Date:0512 1202 d for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)islare in violation islare 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 fulty set forth in the Notice of ViolalionAotice 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)shalt pay the total amount of cost and/or fines $_ Monroe County Code Compliance within thirty(30)days of this Or er. (x) Other: * RESTORATION PERMIT MUST BE ISSUED ON CAR BEFORE THE COMPLIANCE DATE OF t 021 t3T2022 OR DAILY FINES IN THE AMOUNT OF fi0.00 PER DAY PER COUNT FOR ALL.CHARC~0 AS CITED ABOVE VIdIL.L.BECIIN TO ACCRUE. 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Doc.#2378364 Page Number: 3 of 3 CASE NUMBER: CE20060108 Respondent(s)mailing address of record with the Monroe County Property Appraiser's Office: KRISTIE AUSSUBEL&DAVID DONOVAN 449 BARRACUDA BLVD KEY LARGO,FL 33037 Location of subject property: 449 BARRACUDA BLVD KEY LARGO,FL 33037 Real Estate Number: 00552190-000000 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 I fij!Lt 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 NIA on P this 1g1H day of November ,2021 Nicole Petrick,Liaison Page 3 4969 County of Monroe Code Compliance Department d 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: KRISTIE AUSSUBEL AND DAVID DONOVAN Case Number:CE20060108 449 Barracuda Blvd Key Largo FL 33037 Location: 449 BARRACUDA Blvd KEY LARGO FL 33037 Re Number: 00552190-000000 DEAR PROPERTYI OWNER, You are hereby notified that an investigation of the above property was initiated on 06-19-2020 and subsequently found the following violation(s) of the Monroe County Code: 6-100 -PERMITS REQUIRED APPROVALS, PERMITS, AND ALL INSPECTIONS ARE REQUIRED FOR CLEARING IN A PROTECTED AREA. CORRECTIVE ACTION REQUIRED: CONTACT THE MONROE COUNTY BUILDING AND PLANNING DEPARTMENT AND OBTAIN AN AFTER THE FACT PERMIT. STRUCTURE AND/OR MATERIAL REMOVAL REQUIRE A PERMIT. ANY PERSON WHO COMMENCES TO CLEAR LANDS THAT REQUIRE A PERMIT BEFORE OBTAINING THE BUILDING OFFICIAL'S APPROVAL OR NECESSARY PERMITS SHALL BE SUBJECT TO PERMIT FEES, MITIGATION FEES, AND/OR RESTORATION OF THE PROPERTY TO ORIGINAL CONDITION MAY BE REQUIRED. ALL PERMITS WILL REQUIRE PASSING FINAL INSPECTIONS. 118-7. —GENERAL ENVIRONMENTAL DESIGN CRITERIA UNAUTHORIZED VEGETATION REMOVAL AND STORAGE OF DIVERSE MATERIALS IN A PROTECTED AREA IS PROHIBITED AND CONSTITUTES LAND CLEARING REQUIRING A PERMIT. FULL COMPLIANCE WITH THE PROVISIONS IN THE MONROE COUNTY LAND DEVELOPMENT CODE AND THE U.S FISH AND WILDLIFE SERVICE FOR CRITICAL HABITAT OR DESIGNATED POTENTIALLY SUITABLE HABITAT FOR FEDERALLY LISTED THREATENED/ENDANGERED SPECIES IS REQUIRED.. 4970 CORRECTIVE ACTION REQUIRED: CONTACT THE MONROE COUNTY BUILDING AND PLANNING DEPARTMENT AND OBTAIN AN AFTER THE FACT RESTORATION PERMIT. ANY PERSON WHO COMMENCES TO CLEAR LANDS THAT REQUIRE A PERMIT BEFORE OBTAINING THE BUILDING OFFICIAL'S APPROVAL OR NECESSARY PERMITS SHALL BE SUBJECT TO PERMIT FEES, MITIGATION FEES, AND/OR RESTORATION OF THE PROPERTY TO ITS ORIGINAL CONDITION. ALL PERMITS WILL REQUIRE PASSING FINAL INSPECTIONS. 118-10 ENVIRONMENTAL DESIGN FOR SPECIFIC HABITAT TYPES UNAUTHORIZED LAND CLEARING HAS OCCURRED, AFFECTING OPEN SPACE AND IMPACTING THE NATURAL CONDITION OF THE LOT. VEGETATION AFFECTED INCLUDES THE CANOPY, MIDSTORY, UNDERSTORY TREES/BUSHES, GROUND COVER, AND THE LEAF LITTER LAYER. VEGETATION RESTORATION AND REMOVAL OF UNAUTHORIZED ITEMS, EQUIPMENT, MATERIALS, DEBRIS IS REQUIRED. CORRECTIVE ACTION REQUIRED: CONTACT THE MONROE COi NTY BUILDING AND PLANNING DEPARTMENT AND OBTAIN AN AFTER THE FACT RESTO:RA"riON PERMIT. ANY PERSON WHO COMMENCES TO CLEAR LANDS THAT REQUIRE A PERMIT BEFORE OBTAINING THE BUILDING OFFICIAL'S APPROVAL OR NECESSARY PERMITS SHALL BE SUBJECT TO PERMIT FEES, MITIGATION FEES, AND/OR RESTORATION OF THE PROPERTY TO ORIGINAL CONDITION MAY BE REQUIRED. ALL PERMITS WILL REQUIRE PASSING FINAL INSPECTIONS. (X) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on November 18, 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 ARE REQUIRED TO ATTEND VIA ZOOM WEBINA .l . :INSTRUCTIONS ATTACHED HERETO. (X) You can avoid attending the hearing if all violation(s) noted above are corrected by November 10, 2021 and 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 Magistrate even if the violation has been corrected prior to the hearing. ( ) 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. MJ)101111�'4971 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 Petrie k-Nic ole),rr onroecounty-fl ggy, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: Ls a/t �u � co�r� C L...le trefit c r If yaLI arerequesting`the case file in ._[ gKgtjg for our hearina, vour uec tucst should be submitted uittec o less than ten l 0) da s rio�to your schedLut d liearin . 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 Belo at least five (5) business days before the date of the bearing. A request for continuance DOI:: S l0" 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. 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 appropriate location: .......... _._. GINTAIJ T"AS ZAVADZKAS Code Inspector igi `4972 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. 7006 2760 0004 2252 4063 on r-Y" 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. 4 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". 904973 Special Magistrate Hearing - November 18, 2021 You are invited to a Zoom webinar. When: Nov 18, 202109:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - November 18, 2021 Please click the link below to join the webinar: https:llmcbocc.Zoom.us/i/`87901800859 Or Phone one-tap : US: +16465189805„87901800859# or +166990068331,87901800859# 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: 879 0180 0859 International numbers available: htt s: mcbocc.Zoom.us u kdHXk e0hI � �f fffflrff�l ,�lr,4974 MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT �...m�_.............m _.. .e.e. REGISTERED MAIL RECEIPTS CASE NO: �� _ . ... m_........... CERT NO: 1 �W� a � Sul moo � Q _z CEO a a m ;o m E �� m � � ❑ l m ❑ ❑ m da m 1 �imul � � N p ul Cj E o a¢acommmincc m ru fL -. ..-•._ "4 • 'OeAtrQ'P 4��: " ^ .� t. N V m • Z ) o m n If ru (re.lr¢'61ied Fee ��.�" � � m m 0 E � m Retcre'Iu l e Opt Fw, m••• •. 1 d y c °C O (lFuua9�o e.Fmu'ut Ociequ heed) ¢ m p H SV ded D luve:u Fee � F Q6..wa ra�usa�"reimRegLmu"ee.) b x� v m c c c c p �e� aiw oic)mmO -a Pea'W Postage 8 Fees ��,,,. � � � � � N= m o o r r——� P 1 ,f"r�a._..,., ..w m o 0 0 0 0 0 o r� KRISTIE AUSSUBEL AND DAVID DONOVAN4 X m o � 449 Barracuda Blvd ��9 o o� � ..__. p A AP Key Largo FL 33037 Q � p Or Hair CE20060108/GZISM/11-18-21 > m m O .a Z p ° o o ) a0 a o0 a �� .� �m�eem a .. .gym®w N •� ao � � o w p 1 ® y 7 E Q�M� O ru N I8 a) 0 m o r LO 3 p Q-0 J N O N n VyY � Z =LLa _ ao = j m E t,� Q �a 00 W m p r O � v mmJm p N N -0. Q. Q o> Tejo N r " w Y O p u, �y -a - v � W -am wd q) U o N Q V )I r%- T • +- 4}}p L N p zl ru � _ i i E C c6 O g Y. ollp O o a O � ,p ILL M ■ r ai a i I .mlU �I 4975 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE20060108 INSP: Zavadzkas 1, X�-1 �`� Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: AUSSUBEL KRISTIE AND DONOVAN DAVID , described as 449 BARRACUDA BLVD , KEY LARGO, FL 33037 , having the property RE#: 00552190000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of November 18, 2021. THIS OTICF WAS POSTED AT: SUBJECT P 'OPER Y AS STATED ABOVE Date: a 0 Time:: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse —3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key ourtho se—88820 Overseas Highway, Tavernier, Florida Date: Time: S` t r Sworn to and subscribed before me this ay of N tar Public, S 1 ° . MAPR MISSION#GG245771 y ara v .. ES:September 5,2022 s Bonded Thru Notary Public underwriters r CERTIFIC TI N OF MAILING., I, A Monroe County Code Compliance, declare under penalty of perjury', that 1 mailed a du ` late copy of the above-mentioned Notice via First Class Mail to: AUSSUBEL KRISTIE AND DONOVAN DAVID , 449 BARRACUDA BLVD , KEY LARGO - 3 Signature: Sworn to and subscribed before me this �I day off . btary Public, St e f F rI"` Y11 p BRENEDYRIGBY MY COMMISSION#GG 245771 EXPIRES:September 5,2022 Bonded ThN hdv PubB usrode. ii / r IP 111 1� 1 ' 4976 11 1 vtuV i it VIV Y yyiVjVVVVVVVVVVVu � k 'iso m y �j��j�/ f / f�"�/ / x j fjj l x✓: x lm,� J9 Jl � FE /i r�'j �t�,��,�,� ' � ow r / l ll'/1J /n✓/Iffra. lf� i// �lfg1/ /rJ v'tf�o ��', t( �j� �� vP r � r �/y/r �%�y/p��1�1 r!/,1� f vy"T�l�11�U�/✓�% r i�� l�/rl�yJ�:ii„� c 1 l� n,/„ ' ✓ v r' �/ rr; r 1�vnr�/l/rl �/i ��w�/N�' y � //i' l� / r c r e �ri� �i✓� v N /vk viW it,gym rr t ;� ,Jai/r,r;y�y� ro��i'dr��"'�i✓N Il/o/j �r� �/� �� r ✓<i � 1J 1� 11�1 10-28-21 CE20060108 -Aussubel 449 Barrcuda Blvd. Key largo Photos by Sr. Code Insp. Link 4977 U ' RD U w If V I f I , 1 l o " 0 ti f i h r � r Jai M „ IN J1 l CE20060108 Aussubel 449 Barrcuda Blvd. Key largo Photos by Sr. Code Insp. Link 4978 J 0 v g o I�nlrvIImw'9Jv iii�4Gf � 1 1h'UARn,r�eev✓d"ur�u APO r it /lJ% t i a%,%` / / /V iil �ii l 0 t I I �f fm� o m s M , +S/ 611 i n Vj C'E20060108 Aussubel 449 Barrcuda Blvd. Key larg Photos by Sr. Code Insp. Link ,4979 Zavadzkas-Gintautas From: Rigby-Brenedy Sent: Friday,June 19, 2020 2:30 PM To: Zavadzkas-Gintautas Subject: RE: Land clear case 449 BARRACUDA Blvd, KEY LARGO CE20060108 htt : esearcli.r onoo_gcoLinty-fl. o /coSUe 00601Q -armdyRgby Executive Assistant Monroe County Code Compliance 305-453-8806 From:Zavadzkas-Gintautas<Zavadzkas-Gintautas@MonroeCounty-FL.Gov> Sent: Friday,June 19, 2020 11:39 AM To: Rigby-Brenedy<Rigby-Brenedy@monroecounty-fl.gov> Subject: Land clear case 449 BARRACUDA Blvd, KEY LARGO Brenedy Please open a code case for parcel#00552190-000000. It will be for land clear. Thank you. Gintas Zavadzas Code Enforcement-Environmental and Planning Monroe County Planning & Environmental Resources 102050 Overseas Highway Key Largo, FL 33037 PH: 305-4538796 Cell:305-3638247 County of Monroe 0`�, We strive to be caring,professional, and fair. MEMORANDUM October 12, 2021 TO: Cynthia McPherson, Sr. Director Code Compliance FROM: Gintautas Zavadzkas, Code Compliance Biologist RE: AUSSUBEL KRISTIE AND DAVID DONOVAI , UNPERMITTED CLEARING AND FILLING OF GOCEA AT 449 BARRACUDA BLVD KEY LARGO, RE# 00552190-000000, CE20060108 INTRODUCTION: During an inspection on December 9, 2019, fill encroaching and clearing in the GOCEA area was noticed. SITE DATA: The parcel is mapped as a hammock habitat, and it has a permitted SFR in an improved subdivision(IS). The permitted structure has a restrictive covenant placed on the hammock habitat section of the lot (GOCEA). FINDINGS: The above-referenced violation was identified via site visit due to inspection for shed permit#14304883. The site visit performed by County biologists confirmed that the subject parcels had been cleared and fill had been placed in the GOCEA. Vegetation, including protected native vegetation, was removed without the benefit of a permit. The clearing is a violation of Section 118-7, Section 118-10, Section 6-100(a). Compliance with other sections of the Code has not been determined. CE20060108 IOCK tc A A nf 'NN N it Recorded easement, BK 1804 PG 956 Google Earth Chronology: Jul pl Coverage 2004 2006 clearing I �� , CE20060108 2 rr; i � 1 L G/ i ii i it Wi r Q 2008 clearing 2010 clearing Q i o 2013 landscaped and boat parked in the GOCEA 2014 clearing r.r m M„ III ��i i rmv F Feb 2017,pre-hurricane clearing in red landscape in blue Dec 2017 Fill-clearing in red and boat in blue �ia�,iprr iirmrnuir-y rl/�fl''Gioii r��Qri�o�. ,.� CE20060108 3 o • • • 0301°NW(T) OO 25°8'19"N,80'23'59"W t16ft ♦18ft 0327•NW(f) •25°8-19'N,80°23'59"W s16ft •171t a I , y ""........... Fill and clearing back view ® 380NE (T) 5°8'19"N, 80023'59"W ±16ft A 24ft expo u. %'Jll/I f r I I PW� o. I � V Exotics �r « ri iiun�irra'ri ri� r ��oiiii� rr�� "j CE20060108 4 ,l �4984 N u „ W a11, 1/l � i u G i r Backfill and clearing Definition of clearing under Sec 101 LDC, Clearing means the clearing of land, including clearing or removal of vegetation, and including any significant disturbances of vegetation or substrate (soil) manipulation. Clearing is defined as a development activity. No permit exists that authorizes the current clearing in the GOCEA. Corrective Actions RECOMMENDATION: 1. Issue a Notice of Violation. An after-the-fact permit for restoration will be required in accordance with Section 118-11. The permit will require the following: (1) The site shall be restored to its pre-violation grade. (fill removal and vegetation cover restored). CE20060108 5 (2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced with native plant species as appropriate to the site unlawfully cleared. The trees shall be of a size and maturity commensurate to the unlawful clearing as determined by the County Biologist. The native species mix shall consist of the approximate percentages of the predominant tree, shrub, and groundcover species on the site unlawfully cleared prior to the violation, but if any endangered or threatened tree, shrub, or groundcover species were unlawfully cleared, then those species shall be replaced with plants of a size and maturity commensurate to and related to the unlawful clearing as determined by the County Biologist regardless of predominance. (3) All replanted trees, shrubs, and groundcovers shall be located on-site within the same areas that were unlawfully cleared. (4) A monetary guarantee for the restoration work, as stipulated in subsection(e) of this Section, shall be provided in the form of a surety bond, cash, or other financial guarantees in a form acceptable to the Planning Director and the County Attorney. (5) The restoration work to correct the land clearing violation in accordance with subsections (b)(1)-(3) of this Section shall be required to receive final inspection approval by the County Biologist. I addition, the permit holder shall be required through q financial g;ualaiitee approved by the Planning D rector and the County Attorney, to guarantee the sati factory completion of the restoration work in accordance with the approved restoration site plan and the survival of at least 80 percent of the replanted trees for a period of at least three years after the issuance of the after-the-fact permit for the restoration work. (1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the restoration work described in subsections (b)(1)-(3) of this Section. The estimated costs of the restoration described in subsection (b) of this Section shall be the sum of subsections (e)(1)a. and (e)(1)b. of this Section: a. One-hundred percent of the estimated cost of the restoration described in subsection(b)(1) of this Section as estimated by the County Engineer; or alternatively, 150 percent of the price of a binding contract for the restoration work required by subsection(b)(1) of this Section, entered into with a contractor qualified to perform such work. b. One-hundred percent of the estimated cost, as estimated by the Building Official, of performing the restoration work described in subsections (b)(2) and(b)(3) of this Section; or, alternatively, 150 percent of the price of a binding contract for the restoration work described in subsections (b)(2) and (3) of this Section, entered into with a state-licensed landscape architect. (2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and the County Attorney. The guarantee shall be payable to the county in the amount of the estimated total cost for restoration work as calculated in subsection (e)(1) of this Section and enforceable, on or beyond a date 36 months from the date of the permit issued for the restoration work. Release of any guarantee shall be conditioned upon final approval by the County Biologist of the restoration work as stipulated in subsection(c)(2) of this Section. CE20060108 6 �� 4986�. (3) Default. All guarantees shall provide that if the permit holder failed to complete required restoration work in accordance with the restoration site plan and failed to comply with the requirements of subsection(c)(2) of this Section, the Planning Director in consultation with the County Attorney, may take the following action: inform the guarantee company in writing of default by the permit holder and request that it take necessary actions to complete the required improvements. NOTE: I can be reached at (305) 4538869 for any questions. Thank you. CE20060108 7 ® 390NE (T) 2508'19"N, 80023'59"W ±16ft A 20ft r r i „ s. I t � y r m l r 6 01580S (T) 2508'19"N, 80023'59"W ±16ft l 18ft 6 � 00552190-000000, CE20060108 FILL IN GOCEA � ��`� INITIAL INSPECTION 12/09/19 1 INSPECTOR ZAVADZKAS 4988 %` rr '�✓ �,»�� B ;�"' '"�q��Iq�pl�u��ra��'"��pl �Irr�',i�9V��0�� ( �I II I IIII�I,G I�¢ i �1 ira r 4� ti u, ;11 11 r 71 mg ,y r aV' ,+�° V11 i i x v .a P m'�.rim I Ih t y r rri r iew r?. r r'aN h i ` �'�t��;P 1✓Y�° rk�7e I� �"'J br�� ar J �� l rl i"d � - � ��✓ �1"�'�' r�9r+�rN�' �' "� 1111 A/W 00552190-000000 CE20060108 Landscape and fill in GOCEA ' INITIAL INSPECTION 12/09/19 INSPECTOR ZAVADZKAS 4989 w W� e, a � y G rM id j ilk" n� F. f H, �r e ups�aa'aa ^S 117 r^ yr� r M I " H f f uuuui,AI 00552190-000000, CE20060108 Landscape and understory impacts in the GOCEA Street view INSPECTOR ZAVADZKAS 4990 h 1 i 1 4i i z v I y Fu que)- Dates- latest - < image 1 of 4 > 01106/2021 00552190-000000, CE20060108 l Landscape and understory impacts in the GOCEA �� INSPECTOR ZAVADZKAS 4991 � '✓19' I County of Monroe Code Compliance Department COUT TE' Y NOTICE OF CODE VIOLATION DATE ISSUED:July 13 2020 KRISTIE AUSSUBEL AND DAVID DONOVAN CASE: CE20060108 449 BARRACUDA Blvd,KEY LARGO RE#00552190-000000 PROPERTY LOCATION: 449 Barracuda Blvd, Key Largo This Letter is intended to seek your cooperation in bringing your property into compliance without further Code Compliance Action. An Inspection of this property reveals violations of the following: Protected GOCEA fill and clearing. Sec 118-3,Sec.118-6 to 9; Sec 6-100,Sec 122-8. Corrective action: Restoration permit for fill removal and vegetation restoration,must pass all inspections and close the permit. *For 1'"I11u',RNII]'1 EQ11IIJ IIIRF,h '11+"N i"ti`^i please see contact information for Monroe County Building Dept. below: Key Largo Office: Murray Nelson Government&Cultural Center Phone: (305)453-8769 102050 Overseas Highway Key Largo,FL 33037 Corrective measures must be taken within 1 „days from the date of hand delivery,posting or postmark of this communication.Failure to comply within allotted time will result in a Notice of Violation/Notice of Hearing being issued to you. III f is v,oWj 111 1IESIIONNIIII UTVTO 1:1N'4 VAC''�1" 1'1W COW" 11'Mll'I'11 C 1° 11:.FOR 1 11111iN 1u 1;1"1°11°1 4. Please contact your inspector at the appropriate location indicated below. x Upper Keys: (ZavITl� "s�I: �ixat�awt�mmsM:'.��+ c:1'ma�r .�11l:y::) Middle Keys Issued/Posted/mailed by: _ ._.... .. -.. .... ..... ..�..�.... Date .:..:... �.� ..._ ... Tnne_.. .. . ........ Inspector Name: 1 rintautas�' yadzkas 9/14/23, 12:53 PM gPublic.net-Monroe County, FL-Report:00552190-000000 Monroe County, FL 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 Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data provided regardiln one tax year may not be applicable in prior or subsequent years.By requestingg.such data,you hereby understang 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 00552190-000000 Account# 1677736 Property ID 1677736 Millage Group 500K Location 449 BARRACUDA Blvd,KEY LARGO N (1a„ by t Address Legal ALL BK 6 AND BK 7 LT 17AND PT KING STANGLERS PARK KEY LARGO PBl-159 Description (RES N051-1969AND RES NO 146-2011)0 R51-371 0 R434-1082 0 R43 9-637/38 ny OR1468-1316 OR1468-1317 OR1721-905 OR1804-956CE OR1848-663/64 " OR1848-662AFF OR2436-1844/45C/T OR2528-1609/15RES OR2554-2483/84 OR2692-145 OR3000-1439 OR3000-1441 (Note:Not to The used on le�,Ia�dOCL.Unei its,� Neighborhood 1825 Property Class SI NGLE FAM I LY RESI D(0100) Subdivision ANGLERS PARK SecJTwp/Rng 14/61/39 `� Affordable No Housing , Owner AUSSUBEL KRISTIE DONOVAN DAVID 449 Barracuda Blvd 449 Barracuda Blvd Key Largo FL 33037 Key Largo FL 33037 Valuation 2023 Preliminary Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $272,995 $273,538 $243,727 $250,141 + MarketMiscValue $15,575 $16,012 $16,448 $16,886 + Market Land Value $716,876 $621,986 $325,432 $313,675 = Just Market Value $1,005,446 $911,536 $585,607 $580,702 = Total Assessed Value $664,926 $623,671 - $585,607 $580,702 School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) = School Taxable Value $788,358 $732,356 $560,607 $555,702 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $621,986 $273,538 $16,012 $911,536 $623,671 $25,000 $732,356 $154,180 2021 $325,432 $243,727 $16,448 $585,607 $585,607 $25,000 $560,607 $0 2020 $313,675 $250,141 $16,886 $580,702 $580,702 $25,000 $555,702 $0 2019 $285,718 $326,272 $17,321 $629,311 $474,148 $25,000 $449,148 $155,163 2018 $228,271 $277,424 $17,760 $523,455 $465,308 $25,000 $440.308 $58,147 d0ieMaxliiinouin I'm IAA T,ail,all P,buri;alrQ0lIlly r11z951hraaold noY,lW rolled aapplow z.ACIualpxordahlli:tyAlnnaruauA(-C]utnjj-I.r„njrr+udirr=tr,;ava,i.lrytln,e,arWa0pr„au'lalaliNyalnousurff, Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY(010D) 15,815.00 Square Foot 0 0 RESIDENTIAL DRY UNPERMITTED(01DM) 5,720.00 Square Foot 0 0 Buildings Building ID 30818 Exterior Walls C.B.S. Style GROUND LEVEL Year Built 2002 Building Type S.F.R.-R3/R1 EffectiveYearBuilt 2003 Building Name Foundation CONCRFTR Gross SgFt 3107 Roof Type GABLE/HIP Finished SgFt 2005 Roof Coverage ASPHALTSHINGL Stories 1Floor Flooring Type CERM/CLAYTILE 4993 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PageID=7635&Q=705543632&KeyValue=00552190-... ,.. 9/14/23, 12:53 PM gPublic.net-Monroe County, FL-Report:00552190-000000 Condition GOOD Heating Type FCD/AIR DUCTED Perimeter 202 Bedrooms 3 Functional Obs 0 Full Bathrooms 2 EconomicObs 0 Half Bathrooms 0 Depreciation% 27 Grade 500 Interior Walls DRYWALL Number of FireP1 0 Code Description Sketch Area Finished Area Perimeter SPX_ EXEC SC PORCH _ 288 0 82 FLA FLOOR LIV AREA 2,005 2,005 204 GBF GAR FIN BLOCK 540 0 96 OPF OP PRCH FIN LL 274 0 90 TOTAL 3,107 2,005 472 Yard Items Description Year Built Roll Year Size Quantity Units Grade BRICK PATIO 2002 2003 7 x 8 1 56 SF 2 BRICK PATIO 2011 2012 Ox0 1 1680SF 2 FENCES 2011 2012 4x2B 1 112SF 2 FENCES 2011 2012 6x48 1 288 SF 2 UTILITY BLDG 2016 2017 Ox0 0 96SF 3 Sales Sale Date Sale Price Instrument instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 12/19/2019 $605,000 Warranty Deed 2249516 3000 1441 01-Qualified Improved 12/16/2019 $100 Quit Claim Deed 2249515 3000 1439 11-Unqualified Improved 6/26/2014 $460,000 Warranty Deed 2692 145 01-Qualified Improved 11/1/2011 $100 Quit Claim Deed 2554 2483 11-Unqualified Improved 10/19/2009 $228,000 Certificate of Title 2436 1844 12-Unqualified Improved 1/6/2003 $300,000 Warranty Deed 1848 0663 Q-Qualified Improved 8/22/2001 $82,500 Warranty Deed 1721 905 Q-Qualified Vacant 7/1/1997 $40,000 Warranty Deed 1468 1317 Q-Qualified Vacant Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit:Type Notes 0 14304883 11/14/2014 4/3/2017 $2,400 INSTALLA96SQFTSHED 11304982 10/7/2011 12/19/2011 $1 WOOD FENCE 10305138 9/15/2010 6/22/2011 $1 PAVERS 00303905 1/29/2001 5/15/2002 $90,000 SFR View Tax Info V+ e:xw Taxes foa I:lNs ParceO Sketches(click to enlarge) https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&LayerI D=9946&PageTypel D=4&Pagel D=7635&Q=705543632&KeyValue=00552190-. . .. . 9/14/23, 12:53 PM gPublic.net-Monroe County, FL-Report:00552190-000000 16 SPX (288) 18 39 FLA GBF (2005) 30 (540) 4 3 � 43 4 ...................................... 22 QPF (274) Photos rr r(unr ' i 4995 https://gpublic.schneidercorp.com/Application.aspx?Appl D=605&Layerl D=9946&PageTypel D=4&Pagel D=7635&Q=705543632&KeyValue=00552190-. 9/14/23, 12:53 PM gPublic.net-Monroe County,FL-Report:00552190-000000 Map TRIM Notice Notice(PDF) 2023TRIM �� The Monroe County Property Appraiser's office maintains data on property within the County Contact Us Developed by solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax Schneider purposes of all property within the County.The Monroe County Property Appraiser's office G fEO SPATi A L cannot guarantee its accuracy for any other purpose.Likewise,data provided regarding one tax year may not be applicable in prior or subsequent years By requesting such data,you hereby understand and agree that the i P'�iva(V PO,iry 1 rPR )`61,,,g&ffr, A:g d,uh,ifal,aq +'P�trl ( " „4;0302NA 4996 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=705543632&KeyValue=00552190-... -- af•uv1 ko. a 1 CCLC, t. .r.%. . LUL'L rats meal tstate MONROE COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS rT r- Of 1677736 033001 500K 1677736 0 O Ln CD o X oQ N LL AUSSUBEL KRISTIE 00552190000000146139 N N 0 DONOVAN DAVID 449 BARRACUDA Blvd N w w 449 Barracuda Blvd c� Key Largo, FL 33037-4701 ALL BK 6 AND BK 7 LT 17 AND PT KING ST ANGLERS PARK KEY LARGO PB1-159(RES NO m 51-1969 AND RES NO o a) a � a AUTHORITYTAXING AD VALOREM TAXES ASSESSED VALUE EXEMPTION TAXABLE SCHOOL STATE LAW 305-293-1400 1.2640 757,356 25,000 732,356 925.70 SCHOOL LOCAL BOARD 305-293-1400 1.6980 757,356 25,000 732,356 1,243.54 GENERAL FUND 305-292-4473 0.7138 623,671 50,000 573,671 409.49 F&F LAW ENFORCE JAIL 305-292-7017 1.7663 623,671 50,000 573,671 1,013.28 HEALTH CLINIC 305-296-4886 0.0417 623,671 50,000 573,671 23.92 m GENERAL PURPOSE 305-292-4473 0.1626 623,671 50,000 573,671 93.28 D MOSQUITO CONTROL 305-292-7190 0.4565 623,671 50,000 573,671 261.88 z v � M C LOCAL ROAD PATROL 305-292-7017 0.3201 623,671 50,000 573,671 183.63 = m to SFWM DIST 800-432-2045 0.0948 623,671 50,000 573,671 54.38 Ln OKEECHOBEE BASIN 800-432-2045 0.1026 623,671 50,000 573,671 58.86 00 EVERGLADES CONST PRJT 800-432-2045 0.0327 623,671 50,000 573,671 18.76 z 2 z K L FIRE RESC&EMERG MEDICAL 305-451-5517 1.0000 623,671 50,000 573,671 573.67 ' c o 0 9 m 0 _C m"� M v+ m n 0 TOTAL MILLAGE 7.6531 AD VALOREM TAXES $4,860.39 NON-AD VALOREM ASSESSMENTS AUTHORITY TELEPHONE AMOUNT MO CO SOLID WASTE 305-295-4323 �� 446.00 NEW KEY LARGO WASTEWATER III 305-451-4019 297.71 w �1 NON AD VALOREM ASSESSMENTS $743.71 COMBINED TAXES AND ASSESSMENTS $5,604.10 See reverse side For important information. Please P._ If Postma ied BTv 30,2022 Pa y .00 IF PAID BY Pe..e. ...- v .._ .... CO XL EO SAMSTEE�� FC2022 Paid Real Estate MONROE NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PROPERTYID# .• C7D MILLAGE CODE • 1677736 033001 500K 1677736 00552190000000146139 AUSSUBEL KRISTIE 449 BARRACUDA Blvd DONOVAN DAVID 1 449 Barracuda Blvd ALL BK 6 AND BK 7 LT 17 AND PT KING ST E Key Largo, FL 33037-4701 ANGLERS PARK KEY LARGO PB1-159(RES NO 51-1969 AND RES NO u ` 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 Nov 30, 2022 Please Pay $0.00 Paid 11/22/2022 Receipt# EEX-22-00011722 $5,379.94 4997 Paid By WELLS FARGO RE TAX SERVICE,LL( i i l j i fi I 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 4998 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 4999 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 5000 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 5001