Item O05 05
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 13, 2023
Agenda Item Number: 05
2023-1828
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: Approval of a resolution to authorize the release of a lien for
CE22120017 on property 31484 Avenue F, Big Pine Key, FL, RE 00304430-000100.
ITEM BACKGROUND:
This property is a lot located at 31484 Avenue F, Big Pine Key, FL, with Parcel ID number 00304430-
000100. There is a lien recorded against the property and its prior owner Atul Kumar. Monroe County
acquired the property through the Voluntary Home Buyout Program and is the current owner of the
property. Board approval is necessary for the County Attorney to issue a lien release where the lien has
not been otherwise satisfied.
The lien totals $568.90 (costs). By statute, the liens are against the land on which the violation exists
and upon any other real or personal property owned by the violator. The lien does not meet the criteria
for relief under Resolution 115-2021, as the code compliance action did not stem directly from damage
due to Hurricane Irma. The cost to enforce the lien would exceed the amount of the lien.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
3302
K,umar lien.pdf
Reso 31484 Ave F 2.pdf
FINANCIAL IMPACT:
3303
Doc#2439375 Bk#3250 Pg#219 Electronically Recorded 11/7/2023 at 2:34 PM Pages 6
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $52.50
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
VS.
ATUL KUMAR Case No.: CE22120017
Respondent(s). Subject Property Real Estate Number: 00304430-000100
LIEN/FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or
witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Respondent(s) and/or Authorized Representative
was not present via zoom webinar on July 27,2023 did not contest the violation(s)set forth in the Notice of Violation/Notice of
Hearing which is incorporated herein as if fully set forth and attached hereto.
(x) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(x) The Respondent(s) is/are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of
Hearing served upon the Respondent(s).
( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$
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
09105/2023 ("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:
17.6.(bb)(3)* $100.00
21.20.(a) $100.00
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
hereby ORDERED.
(x) It is further ordered that the County is hereby authorized to make all reasonable repairs including demolition which are
required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the
County,the costs of prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondents)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice
of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in
compliance.
The Respondent(s)shall pay the total amount of cost and/or fines($ }to
Monroe County Code Compliance within thirty(30)days of this Order.
(x) The Special Magistrate incorporates by reference the allegation(s) in the Notice of Violation/Notice of Hearing(attached
hereto)and finds the allegation(s)was/were established by the County's Witness(es), Evidence and/or Exhibits that were
introduced and accepted at the hearing.
(x) Other:The charge 21-20.(b).is compliant.
Page 1
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Doc.#2439375 Page Number: 2 of 6
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 Counay institute foreclosure proceedings if the lien remains unpaid for
three months and/or may sue to recover money judgment Zrfo 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 271h day of July
Joh A Specia trate
APPEAL PROCEDURES
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
LZX,I,that this ' a true and correct copy of the above Order.
Nicole Petrick, Liaison
CASE NUMBER: CE22120017
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
ATULKUMAR
864 N MADISON ST
CROWN POINT, IN 46307
Location of subject property:
31484 AVENUE F
BIG PINE KEY, FL 33043
Real Estate Number: 00304430-000100
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
,=e2oAuthorized Representative N/A on this 28th day of July , 2023.
Nicole Petrick, Liaison
Page 2
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Doc.#2439375 Page Number: 3 of 6
County of Monroe
Code Compliance Department V
2798 Overseas Highway `
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: ATUL KUMAR Case Number: CE22120017
864 N MADISON ST
CROWN POINT IN 46307-8212
Location: 31484 AVENUE F BIG PINE KEY FL 33043
Re Number: 00304430000100
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 01/19/2023_ and
subsequently found the following violation(s) of the Monroe County Code:
17-6.(b)(3)* - VEHICLES ON VACANT LOTS
ALL BOATS, TRAILERS, AND RECREATIONAL VEHICLES ARE
PROHIBITED FROM PARKING ON THE VACANT LOT WITHOUT
A PRINCIPAL STRUCTURE.
Corrective Action Required:
Remove all vehicles from this property/location as described
in this notice. Contact the Code Compliance Inspector upon
compliance.
21-20.(a) - PREMISES TO BE CLEANED
PROPERTY IS TO BE CLEANED OF VEGETATIVE DEBRIS AND
ANY/ALL ACCUMULATED ITEMS.
Corrective Action Required:
Remove all debris, garbage, litter and/or items specified by
the Code Enforcement Inspector. Removal of said materials
does not authorize the cutting or removal of native or other
vegetation without a permit if required.
-PETITIONER'S
�':EXHIBIT`y
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Doc.#2439375 Page Number: 4 of 6
21-20.(b) - PREMISES TO BE MOWED
PROPERTY NEEDS MOWING WITH CONTINUED MAINTENANCE.
Corrective Action Required:
Mow the premises upon reciept of this notice of violation.
The property must be mowed to a height not to exceed eight
(8) inches. Mowing does not include or authorize the
removal of native vegetation or vegetation that would
require a permit for it's removal.
( Vf' PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate
in the above case on 07/27/2023 at 09:OOAM 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 07/19/2023
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.
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 Petrick-Nicole@nionroecount', fl_.Qo%, prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
httts.//monroecount�fl.nexLreciuest.com. If you are requesting the case file in preparation for your
hearing, yourrequest should be submitted no less than ten (10) days prior to your scheduled hearing
}'APE;TITIONER'S
2 �IiJBiT ,
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Doc.#2439375 Page Number: 5 of 6
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.
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:
PHILLIPS, RODNEY
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 1 120 0000 6230 3535 o aoa3 .
1
'-y kP
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".
. • P_ETITIONER'S
�
sT M
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Doc.#2439375 Page Number: 6 of 6
Special Magistrate Hearing - July 27th, 2023
You are invited to a Zoom webinar.
When : July 27, 2023 09:00 AM Eastern Time (US
and Canada)
Topic: Special Magistrate Hearing - July 27th, 2023
Please click the link below to join the webinar:
https://mcbocc.zoom.us/i/87459436777
Or iPhone one-tap :
US: +16465189805„87459436777# or
+16699006833„87459436777#
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: 874 5943 6777
International numbers available:
https://mcbocc.zoom.us/u/kelOipQg6d
,PETITIONER'S:
EXHIBIT.;'
w - - i ter•
3309
2
3
K, �
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5
6 �J
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. -2023
10
11
12 A RESOLUTION OF THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AUTHORIZING THE COUNTY
14 ATTORNEY TO RELEASE A CODE COMPLIANCE LIEN
15 AGAINST THE PROPERTY AT 31484 AVENUE F, BIG PINE KEY,
16 WITH PARCEL ID NUMBER 00304430-000100.
17
18
19 WHEREAS, the subj ect property (Parcel ID# 00304430-000100) was the subject of code
20 compliance case, CE22120017, where a lien (totaling $568.90) has been recorded against the
21 property and its previous owner. The lien is recorded at Document 2439375, Book 3250, Page
22 219. The lien is against the land on which the violation exists (the subject property) and upon any
23 other real or personal property owned by the violator; and
24
25 WHEREAS, the County acquired the lot on November 1, 2023, through the Voluntary
26 Home Buyout Program; and
27
28 WHEREAS, the lien does not meet the criteria for relief under Resolution 115-2021, as
29 the code compliance action did not stem directly from damage due to Hurricane Irma; and
30
31 WHEREAS,the cost to enforce the lien against the previous property owner would exceed
32 the amount of the lien; and
33
34 WHEREAS, the BOCC finds that a release of the lien is warranted; and
35
36 WHEREAS, the County Code does not provide the County Attorney with the authority to
37 issue a release without approval by the BOCC.
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1: The "Whereas" clauses set forth above are incorporated as findings by the
43 Board.
44
Resolution -2023 Page 1 of 2
3310
I Section 2: The County Attorney is authorized to issue a release of the lien recorded at
2 Document 2439375, Book 3250, Page 219.
3
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
5 Florida, at a regular meeting held on the 13th day of December, 2023.
6
7 Mayor Holly Merrill Raschein
8 Mayor Pro Tem James K. Scholl
9 Commissioner Craig Cates
10 Commissioner Michelle Lincoln
11 Commissioner David Rice
12
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
17
18 BY
19 MAYOR HOLLY MERRILL RASCHEIN
20
21 (SEAL)
22 ATTEST: KEVIN MADOK, CLERK Approved as to form
23 and legal sufficiency:
24
25
26
27 AS DEPUTY CLERK Kelly Dugan
28 Assistant Monroe County Attorney
Resolution -2023 Page 2 of 2
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