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Item O07 07 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: 07 2023-1849 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against ANA D. BORGES & CRYSTAL VALERY LOPERENA and their property, 48 Bonefish Ave., Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE21020086. ITEM BACKGROUND: CE21020086: This property has been the subject of a code compliance case for building permits required for 1) Enclosure of second story porch(not compliant), 2) Wood railings (not compliant), 3) Deck(not compliant) and 4) Building/structure in rear of home (compliant). The fines total $50,300.00 as of November 13, 2023 and will continue to accrue at $100.00 per day, until compliance is achieved. A hearing was scheduled for June 24, 2021 and the property owners signed a Stipulation to code violation and for time to comply for first time offenses on June 21, 2021. On June 24, 2021, the Special Magistrate approved the stipulated agreement with a compliance date of November 19, 2021. A Stipulation for an Extension of Time to Comply was signed by the property owners on November 29, 2021. A second and final Stipulation for an Extension of Time to Comply was signed by the property owners on April 26, 2022. The County's lien was recorded on July 13, 2022. A subsequent hearing was held on June 22, 2023 and the property owner and her attorney were 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 as $508,153. The property is not homesteaded and there are no pending foreclosure actions at this time. There is a mortgage in the amount of$235,653 which predates the County's lien. There is a second mortgage 3315 which is junior to the County's lien. 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, foreclosure, money judgment and/or writ of execution; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and/or 3. Release the lien. County staff recommends initiating litigation (option 1) against the property owners for injunction, foreclosure, money judgment and/or writ of execution. 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. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution 057-2014 LIEN PROCESS.pdf AIS Supporting does Borges &Loperena CE21020086.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 3316 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 1 3317 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 3318 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 3319 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 3320 �h� :uaYW�IyCT BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE T(7I- N G. VAN LANI GHA M ONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, ) VS. ) Case No.: CE1.00086 ANA D. BORGES AND CRYSTAL VALERY ) LGEERENA, } Respondent(s). ORDER AUTHORIZING FORECLOSURE ANDJf3R 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 23,E J le , 2rhe Marathon Government Center, Marathon, Florida. J 'Van . i nham SpecialG. aistrate CERTIFICATE OF ORDER I he ly cc;rtil"y that t s ►s a true and corgi°ect copy of the above Order. a 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, JENNIFER FORD, ESQ., on this 231d day of June 202 ' Nicole Petrick, Liaison 3321 r (- MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE21020086 Property Location: 48 BONEFISH AVE., KEY LARGO, FL 33037 Parcel ID: 00470660-000000 ANA D. BORGES CRYSTAL VALERY LOPERENA 48 BONEFISH AVE. KEY LARGO, FL 33037 3322 l MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE21020086 Property Location: 48 BONEFISH AVE., KEY LARGO, FL 33037 Parcel ID: 00470660-000000 JENNIFER FORD ESQ. 1 E. BROWARD BLVD. SUITE 700 FORT LAUDERDALE, FL 33301 3323 MONROE COUNTY Petitioner, vs. ANA BORGES and CRYSTAL VALERY LOPERENA, Case ft CR 21020086 Respondent. NOTICE OF APPEARANCE AS ATTORNEY YOU ARE NOTIFIED that the undersigned is appearing as attorney for CRYSTAL LOPERENA and copies of'pleading, motions and other papers Should be served on the undersigned this 22nd day of June s 20_23_. /s/: Jennifer Ford Naive of attorney I E. Broward Blvd, Suite 700 Address Fort Lauderdale, FL 33301 City, State, Zip 954-588-8831 / 954-9'32-3374 Telephone& fax Ws J ennifer@Jenniferford.lawyer Email 1003864 Florida Bar No. Please complete and submit this form by: MAIL 2798 Overseas Highway, Suite 330, Marathon, FL 33050; FAX: 305-289-2858-, or EMAIL Pe.t6ck-Nico±1.,,a)rn(?it �L uji ov 3324 BRIEF FOR ANA D. BORGES & CRYSTAL VALERY LOPERENA — CE21020086 MOTION FOR COLLECTIONS 612212023 ht,tps:,//mcesearchi.monroecountv-fl,.ciov/code/CE2102,0086 Monica Rodriguez Research Analyst - Monroe County Subject Property - 48 BONEFISH AVE., KEY LARGO, FL �0 Violation(s)- 0 110-140.(a) — Building permits) required 1. Enclosure of second story porch (permit #21301785 failed biologist and planning reviews 6/12/2023-, not compliant) 2. Wood railings (permit #21301785 failed biologist and planning reviews 6/12/2023; not compliant) 3. Deck (permit #21301785 failed biologist and planning reviews 6/12/2023; not compliant) 4. Building/structure in, rear of home (compliant) 0 Property is NOT in compliance Lien was recorded in the Official Records of Monroe County on 7/13/2022, Book 3184, Page 662 and remains unpaid. 0 Lien $36,095.60 as of June 19, 2023 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 4/21/2023 to address on PRC. Return receipt was received, signed on 513/2023. *PO's husband in communication 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. 3325 BEFORE 1i'-t.'E' CODE COMPLIANCE SPECIAL tvtAGISTRATE ,JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner, VS. CASE NO.: CE21020086 ANA D. BORGES AND CRYSTAL VALERV LOPFRENA, Respondent(s). NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUD(+ rMENT PROCEEDINGS & NOTICE OF HEARING Petitioner, Monroe County, Will Move the Monroe County Code Compliance Special Magistrate, pUt-SUant to F,S, 162.09(3),to authorize foreclosUre and/or money,judgment proceedings on the Code Compliance Final Order/L,ien in this case, which was recorded in the Official Records ot"Monroe County on JUly 13, 2022, Book 3184, Page 662 oil the property that was the SUbJW Of the code compliance action described as: 48 BONEFISH AVE, KEY LARGO, FL.ORIDA 33037, MONROE COUNTY, RE# 00470660000000, and upon any and all other real and/or personal property YOU Own. 'rhe C1.11-rent outstanding amount of the County's lien as of April 10, 2023 is $29,095.60 (fines and costs)which C011611LIC to accrue and increase until the case is compliant and closed, ]'his motion will be considered on June 22, 2023 at the Marathon Government Center, 2798 Overseas I lighway, LOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE HEA11ING SUIOULI) ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. Kelly M. DUgan Assistant County Wkdrney Fla. Bar No. 105870 L�u 9-gaii L-KK9jjy".o--i n—tyi-11-Q o v I I I 1 12"' Street, Shiite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this I I day of 1 a 2023 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. -1 w 9 c�o 0000 to 48 BONEFISH AVE. KEY LARGO, FL 33037. Code ConipliancePpartiricrit c,, ADA ASSISTANCE: if you are a person with a disability who needs special it commodations 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". 3326 County of Monroe The Florida Keys Gods Co �artm�M � l Bo sioners Pvt�rtatl7ue I IorQda�33t,)5i� ; ,wl � `�t,z o a rain c ��9a"a.. �.�. . I�t�ltiea, i 7��(7vti�rc�a�1�tct,�v��Y prat � �� "wr�l�act Pro �rnutl Ialk Com�lcau�i'll Raschcdob. r*srN-cct 7 Voice: (305)289-2810 �d � � �� Michelle Lincoln, District2 1~ , (305)289-285, l zmcw K. c1�c711, I iwirticd 3 David Rice, District 4 ANA D. FORGES AND CRYSTAL VALERY LOPERENA 48 BONEFISH AVE. KEY LARGO, FL 33037 .Aiprirl 10, 2023 Subject: Code Case: CE21020086 Location.: 48 BONEFISH AVE., KEY LARGO, FL 33037 Dear Property Owners, `]`his letter is to illf'0111 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 oil the property that was the subject of the code compliance action and upon any and all other real and/or personal properly you owuu. Please take notice that a Public I Tearing will be conducted by the Code Compliance Special Magistrate on .tune 22, 2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Roorn at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING O 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 yptuclgrner�t). Our records indicate that the violations rernain on your property and the fines will continue to run until the property, cornes into compliance, If you have achieved compliance, please contact: You]' Code Inspector at the: appropriate location: Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305)289-2.810 Upper Keys: 102050 Overseas Highway lCey I.aargo, Fl.,33037 (305)453-8806 Additionally, pursuant to I .S. §l(2.07(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. Edo iguez Code Compliance Research .Analyst 305-289-2586 oclt_�&Itrc.r-rnoriica(c�.�moraroecouruty-n ov 3327 Special Magistrate Dearing - June 22nd, 2023 You are invited to a Zoom webinard When: Jun 22, 2023 09:00 AM Eastern Time (US and' Canada) Topic: Special Magistrate Hearin June 22nd, 2023 Please click the link below to join the webinar: htt ps: .zoom.us . Or iPhone one-tap US: +1.64651 980S„84 69 42302# or +16699006833„ 46942302# r Telephone: Dial( or higher quality, dial a number based on your current location): US: +1646 518 9805 or +1 669 900 6833 We inar ID: 848 6984 2302 International numbers available: https mcbocc.zoom.0 s 3328 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS TRACKING Case Number: CC, 2.102 00cu CERT #: 00to W30 3.01cp GOOD SERVICE: NO SERVICE: -0 -1z 51"-71 41 (00 B r-U. CL IIIII III CO 1=3 t; !f, 00v 0, 2, a 04 & C3 M UIN f w =r "BENI: .� xlirn'�gYll'K.flV1RYti4t.�au%�Vl ca.,(rfrrv.Yr kaerx,a�arttF art.ra,,+„d rrv'a ry oRnh.. ...., m„"«: � ""a„ n„� ...,..,. p� � � �.,,Md; M ni BEimlvareo C3 E]Rufu-lnecclp*flach*jft) C3 E NwNW Mail rkntpMed Daflvevy Si............ ET- CO E,,jAdultSIgnavure Hcoq0ad $ ..................... F P P 9 P k 1 cgo E]Adull Sipaluno Rostxlcl�cd Dolvemy$ ............. loci rd r reep, ..................... 'RnOb .. ..... ------------- S 3 & SWO wd AkArF()61m NO, .0 ail .......istgl.AL111�4 Al 0 11 El 0 3 0 a 11 an E3 ED 13 El 00 aw Z. 3329 County of Monroe The FloridaKeys AR "ode C'°sunr hance D rrur-tm.gn.t � 'Cad ��<< WaarrdN oft"rrruntv Commissioners 2798 e'o,,,cas ttit 17timur �G�� Mayor 1D<a0d Nord Itlsu t 4"� ararhuan Florida 3050 1' �rr�, MrtaarNo Fein trrru Ctiatcs, itistri I Voice t 051?8'9.2810 � �� '4tarl elle 4 aaldiron. t7rs9.aicl 2 I`AV 00.5d 289-2858 James K.Scholl, ID'ustract :3 r « t oH) Oierrill t sasdwin, I)a,am'idr 5 t1.N A B(T^Ri;ES SAND C,RYSwT.A1,, I.OPfi REN A KEY LARGO, F1., FLORIDA ' object: Code Case; C."F 2lC)"2tl086 d.dacaatiean: 4 d3() iLl`l`H .AVF KEY 'L„AC GO, l I. .t.3037 Dear d"reaperty Owners, The purpose of,this letter is to inform you that Monroe Cerunaty, Florida has imposed as fien against your property as a resrrll od'the above ref�reneed code c.Oraapliatrr.cc aactiOn. This pien is as Hen on the pDrcmperty that )Aaas the sub' of the code compliance action and rrpw,rr atny and aH ctl.her ream and/or personal praapertyv you omi. Our records indicate that the vicalaatictlt(s) relrma ns darn yd:rur prdaperty. Because ydaa.rr property us not in compliance tlae firaa:s Continue to raccruc in the aarraaDunt eal*S 100,06 per edavy until the preaperly, cornems into compliance. A daily find dal'$ 100.00 0.00 per dray has currently accrued (Or l 32 ddaav S 16r as current lo(Arp erl"S l 3,200.00. Additionally, pnr-suaant to F.S. 162 07(2). sHace: the (w'Or.anty prevailed in prosecuting the- case before the Special M af:istraale Im Code Compliance, the County is entitled to recover .all costs incurred;) in prosecuting, the case and those costs are includdedd in the lien authorized under I'S §lCa?.(l9(3), To date, these costs are $495.60 and costs Will C0111itrtae tdr atccrtte until they violations are ccrrrecled and the case is clr-mse(L Therefore, the current aar fount eaf'tlac V10111-ete t°aar,rnty lieu is 1:3,695.60 and fines and costs will continue to accrue untdd compliance is achieved and paryinent is received. I~adhere to bring ycmtn property ir�atdr comp k ance wit.hirl 15 ctar}s may result in n rel"erraal to the Monroe aaurtty Attorney's Office FOr further action. Respectfully Dirr.s, LISLE T E Qi:U 30;_45 3-880 7 i i 3330 �4 County of Monroe The Florida Keys Code Compliance Department Board of County Commissioners ' 79$Overseas Highway ` Mayor David Rice.District 4 II ,-, y n4arathon.Florida 33050 Mayor Pro T'em Craig Cates.District l Voice:(305)289-2810 Michelle Coldiron,District 2 FAX: (305)289-2858 lames K.Scholl,District 3 Holly Merril!Raschein.District 5 ANA BORGES& CRYSTAL LOPERENA 48 BONEFISH AVE KEY LARGO,FL FLORIDA July 14,2022 Subject: Code Case CE21020086 Property Location: 48 BONEFISH AVE, KEY LARGO,FL 33037 Real Estate No.: 00470660000000 Dear Property Owner(s), This letter is to inform vnu that .or records indicate thal the violation(s)remain on your property and the fines will continue to run 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 07/13/22, Fronk 3184. PaMp 662. The- current amount of the. County's lien is $ 2,095.60 ffne5 and costs} urhir_.h 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 prop---'; 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, "III-_ sue____ l cl... ' TT�� £ ' fl 3"IL]rlU i JJUJV. 1Ite 4C7[El ib)' L1'Atl{Ile I}E i,iV LCIC%a i�tilef�se YZ.iid �it[,hl dlrtlVl] I)I I.,I #l/ Y0u. If you have achieved compliance,please contact your Code Inspector at the appropriate location. Middie Keys: 2798 Overseas Highway, Suite 330, Marathon, PL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway, Key Largo,FL 33037 (305)453-8806 Res c#fully yours, L Nicole M. Petrick, Liaison For questions regarding this letter,please contact your Inspector, Lisette Cutie 305-453-8807 ctYti -]isette liz illrrn3-OCCOIJntV-DZa 3331 Filed and Recorded in Official Records of MODE COUNTY KEVIN MADOK ElectronicallyREC:$120.50 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. ANA D BORGES AND CRYSTAL VALERY LOPERENA Case No.: CE21020086 Respondent(s). Subject Property Real Estate Number: 00470660-000000 LIEN/FINAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or Authorized Representative SIGNED A STIPULATION AGREEMENT WITH MONROE COUNTY were not present via zoom webinar on June 24,2021 and did not contest the violation(s)set forth in the Notice of Violatlon/Notice of Hearing which is incorporated herein as if fully set forth. (x) The Respondent(s)islare the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$ 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 1111912021 ("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) $100.00 (PER AGREEMENT for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondents)islare in violation Ware hereby ORDERED. (x) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of ViolationlNotice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s)shall pay the total amount of cost and/or frhes($ )to Monroe County Code Compliance within thirty(30)days of this Order. (x) Other: STIPULATION AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN. Page 1 3332 lloc.##zjs i5y6 Page iNumner: L Of 14 C 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 mad to: Monroe County Code Compliance,Attn: Office of the Liaison,279E Overseas Hwy., Suite 330, Marathon,FL 33050. IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REiNSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT 305 453.8806 FOR THE UPPER 05 289.2810 F R THE MIDDLE KE S (30 295.4 43 FOR THE LOWER KEYS. DATED this 251h day of Jane ,2021. hn G an Laningham,Special Magistrate CERTIFICATE OF ORDER I hereb certify that this is true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: CE21020086 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: ANA D BORGES AND CRYSTAL VALERY LOPERENA 48 BONEFISH AVE KEY LARGO, FL FLORIDA Location of subject property: 48 BONEFISH AVE KEY LARGO, FL 33037 Real Estate Number: 00470660-000000 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 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 NIA on this 25th day of June ,2021. C4-,C0 Nicole Petrick, Liai N son Page 2 3333 Doc.#2383596 Page Num1mr:.3 Of 14 l MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Case Number: CE21020086 ANA D BORGES AND CRYSTAL VALERIE LOPRENA Respondent(s) STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES In the matter of: ANA ❑ BORGES & CRYSTAL VAL.ERIE LOPRENA_(hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Compliance ("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees that l/we received the Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on JUNE 24, 2021 to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Nearing"). 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation which was served in this matter. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code Compliance. However, by entering into this Stipulation, Respondent(s) understands and agrees that: C:kUsensanniMpPDgxV.oWWimuwfi%WindowilINetCadeWantent.OuGookWA4M91ME2102DOB4-BORGE55TIP- - _docx j 3334 Doe.#2383596 Yage Number: 4 of 14 (a) Respondent(s) need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and (b)Any evidence in the Code Compliance file will be deemed the record in the case; and (c) Respondent(s)waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The Respondent(s) understand that the property will be checked for compliance on NOVEMBER 19, 2021. 4. The parties understand that a fine of $100.00 per day that shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondent(s) fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows. 110-140(a) $100.00lday 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within. 30 days of compliance and that such costs shall be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 110-140(a) exists. This Stipulation: Agreement shall be recorded as a lien C:Ufsmr annielAppDoaU.w-WNicrmftlWindowslQdetCachelContentOutlookWA4M9JF10E21020OS&BORGFS SUP- - _.docx 2 3335 Doc.#238359G Page Number:!)Of 14 C C against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specked in paragraph 3. S. The Respondent(s) understand and acknowledge that this STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES is non-transferable to any future property owners. 9. The Respondent(s) understand and acknowledge that a sale of the subject property prior to compliance of the property and/or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be reinstated. 10. Respondent(s) agrees and represents that Respandent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 11. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with Inspector Lisette Cutie by the end of business 06/16/2021. C:1UserslannielAppDatau".iakmicrosofi�window%UNetCacbe%ContenGoudookMA4M9JMP-214200$b-$ORGES 9T[P- - _.doex 3 3336 Doc.#2383596 .Page 1Ntlmber, 6 of 14 � r By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD,AND CONSENT to its terns and conditions. Signature of Reap ndent(s)/Date Sign t re of Respondent(s)f Data Print Nrr a e Print Na e STATE OF PId _ STATE OF i J COUNTY OF COUNTY OF cal I Dc PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the ua rsigned auAonity, undersigned author - who,after 0 "-'i who,after first being swam byYne,affixed his/her signature first WO sworn by me,afhkm his/her signatim (name of individual igning)in tb provided i (name o mdiviI g)in pmvi i above on this da of_ _ 20 above on this tI 20 NOT IC N C My eammissi expires 20 9: My commission e fires I 20-�75' pobk s�of FWWWWO z009 2pZa 12MM,r s 1 PC Mate z2 Print name STATE OF IrIM COUNTYOF ,its N 3 N PERSONALLY APPEARED BE RE ME,the m un rsigned riv, CD ro m who,after N rY fi sworn mr,affixed his/her signature m 7 U�, (n a of' d-v3dst rag)in th space provi U g o ail s day o 20 � N 7MLIC C1Usaa1vm1s1APpDatrlFoca{1MiuosorllWindaeslUlci�.QWuakVXPA4M9J GTe2142009&BQRRFSSMP- - -_.4= 4 3337 Doe.#2383596 Page Number: 7 of 14 \ C MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner VS. Case Number: CE21020086 ANA D BORGES AND CRYSTAL VALERIE LOPRENA Respondent(s) STIPULATION FOR AN EXTENSION OF TIME TO COMPLY In the matter of. 48 BONEFISH AVE, KEY LARGO, FL 33037 RE#00470660000000 ANA D BORGES AND CRYSTAL VALERIE LOPRENA (hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees I/we received and signed the Stipulation agreement on Q611612021. Under the Stipulated Agreement we agreed to a compliance date of 1111 912021. IIWe are not going to be in compliance by that date. 2. Respondent(s) agrees that the violation(s) still exist In the above mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a)The parties are now agreeing to extend the compliance date. (b) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The property will be checked for compliance on 0412912022. 4. The parties understand that a fine of$100.00 per day shall accrue daily if the property is not brought Into compliance within the time specified in paragraph 3. C,1Uy=lMmppDataU.A=Wim,mft\WindowslTempomry Inunwi Fi[ss\ContwtAutivoMCrGC6046K�STiP EXTENSION FOR BORGES- 1 I.OPRENA CE21020086--dacx 3338 DOC.#2383596 Page 1Vumner:t5 of 14 C 5. The Respondent(s) understands that 9 the Respondents(s) falls to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows: 110-140 (a) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 110-1400) exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 8. The Respondent(s) understand and acknowledge that this STIPULATION FOR AN EXTENSION OF TIME TO COMPLY is nontransferable to any future property owners. 9. The Respondent(s) understand and acknowledge that a sale of the subject property prior to compliance of the property and/or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be reinstated. 10. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. C:\Use U4dtWpDm%oW\?Momfk\WindimNT=pmsy Inuma File5\C0nteaLot4Dok\GGC6046MSTIP EXTENSION POR BORGES- 2 WPKENA CE21020086�_doex 3339 Doe.#23tf3596 rage 1Vumner:y 0114 11. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in pennon with Inspector t.isette Cutie by the end of business 1IMW2O21. By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. C.kUsmWhiMPPDafaV.ocallMicrmffiWinduwskTempomTy Internet Files%Cmtent Oudook\GGC6046MT P EXTENSION FOR GORGES- 3 LOPRENA CF.21020086-_docx 3340 lloc.#2JSJ596 rage iVumner: lU oI 14 le gignature of Res ndent(s) ! Date Signa of Respondents? ! Date Print NamiY �T Print Name STATE OF rL _ STATE OF_ F'1 COUNTY OF��,Y041� COUNTY OF O I1- _ PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the undersigned authority, undersigned authority, 9 i t O�� _ who, ? S. c' 7 who,after after first being sworn by I ,)affixed his/her first beings orn by me, affixed his/her signature signature(name of individual 5'gnj'ng)in the (name of individual signing) in th space provided space provided above on this day of above on this day of 1 � 1 rf - NOTARY PXJBLIC _ ,i SMIDY CASTILLO <y ,: FrPr4E,.Mare,22',�`.25 MY COMMISSION#HH 105t64 °i Bn�ded Peru Ara+ary A trneks„ere rtp:' EXPIRES:Mareh 22,2025 '•'�r�?.. BondedThrvNo�ryPuLCeLlnde�tt Ignah of Petltlonar{C nty)!Date Inspectors name STATE OF COUNTY OF t PERSONALLY 4PEARED BEFORE ME,the uncle ed sut ority, (,),('tk -who, after fug being sworn by mc:affixed his/her si azure(name of individual s g)in the sp ovided abav on this day of 2 rE OFrFP`i.y°o"e:_' YRIG BY SIOMYCOMMISNGG2 c457 1 EXPIRES:September 5 2r022ler siUnBonded Thru Aom Za C:•Usars\Mh AppDetsMA)ceMrcrosafhWindows'I empornry intaw FjkgV u ntOutfoaklGGC&WK%STiP EXTENSION FOR BORGI S- 4 I nPRFNA r F7102tf11R6- A= 3341 1)nc.# L32f��J6 rage Number: it of 14 MONROE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Monroe County Code Enforcement Petitioner VS. Case Number: CE21020086 ANA D BORGES AND CRYSTAL VALERIE LOPRENA Respondent(s) STIPULATION FOR AN EXTENSION OF TIME TO COMPLY In the matter of: 48 BONEFISH AVE, KEY LARGO, FL 33037 RE#00470660000000 ANA D BORGES AND CRYSTAL VALERIE LOPRENA (hereinafter referred to jointly and severally as "Respondent(s)") and Monroe County Code Enforcement ("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees Ilwe received and signed the Stipulation agreement on 06/16/2021. Under the Stipulated Agreement we agreed to a compliance date of 11/1912021, I/We are not going to be in compliance by that date. 2. Respondent(s)agrees 1/we received and signed the ext to Stipulation agreement on 11/2912021, Under the Stipulated Agreement we agreed to a compliance date of 4129/2022. IIWe are not going to be in compliance by that date. 3. Respondent(s) agrees that the violation(s) still exist in the above mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a)The parties are now agreeing to extend the compliance date. (b) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 4. The property will be checked for compliance on 061272022. VACode EnforcemenITORNIMEARING FORMSIMASTER CE2102008&BORGES•LOPRE Stipuladon EXTENSION OF TIME 1.doe I 3342 Doe.#2383596 Page Number: 17 of 14 5. The parties understand that a fine of$100.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 6. The Respondent(s) understands that if the Respondents(s) falls to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows: 110-140 (a) $100.00 per day 7. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe County Code section a-29(b). 8. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 110-140.(a) exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 9. The Respondent(s) understand and acknowledge that this STIPULATION FOR AN EXTENSION OF TIME TO COMPLY is non-transferable to any future property owners. 10. The Respondent(s) understand and acknowledge that a sale of the subject property prior to compliance of the property and/or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be reinstated. 11. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands UACode Enfar¢emen1XFORMSWMRING FORMSIMASTER CE21020089-GORGES-LOPRE Stipulation EXTENSION OF TIME l.dx 2 3343 Doe.#2383596 Yage.Numner: 13 0114 � C and agrees that he/she has the right to consult with counsel prior to signing this Stipulation, and has done so or has elected to waive this right. 12. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must bW;�OPO'2- in writing or done in person with Inspector Lisette Cutie by the end of business By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. U:tiCode EnforcementWORMFMEARING FORMSIMASTER CE21020090-BORGE3-LOPRE Stipulation EX TENSION OF TM I.dx 3 3344 one.t#zizozoo rage Ivumner: 14 0114 Signature of expo ent(s)I Date Signature Re ondent(s)I Date 1v n -D V Print Name f Print Name STATE OF FL STATE OF FL COUNTY OF_ (} COUNTY OF PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the undersigned authority, undersigned authority,{{ VQllCtwho,after after first being swom by utu affixed his/her first being sw by me,affixed his/her signature signature(name of individual si ing)in the (name of individual signing)in t e sp a provided sp ee pr vided alcove on this Z day of above on this— y of 2Qa 0!� A5 I L :`F .`•.RyT*MiRASnLLO IRy MY COMMISSION 4.HH 105164 M MMISSION N HH 105164 •' EXPIRES:March 22,2025 a+ EXPIRES:March 22,2025 Bonded Tluu koSary Public Undenrdlets n wd W ota7P U"Undan0- gnat of loner( unty}1 Date Inspectors n e STATE OF �'�— COUNTY OF �!1 ]_0 PERSONALLY APPEAREp BEFORE ME un ed tl ority after first ei s orn b me affixe histhesignature{name of individual si )-tn th Cspa 1ed above on thi da f20 V . J - OT P C t1:+G o Enf=ementTORMSgMAR1NO FORMSIMASTF.tt CE21020086-BORGES-LOPRE Stipulation WrENSiON OF TM l.doc 4 3345 County of Monroe `ode Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OFF VIOLATION/NOTICE OF HEARING To: ANA D BORGES AND Case Number: CE210200 6 CRYSTAL VALERIE LOPRENA 48 BONEFISH AVE KEY LARGO, FL FLORIDA Location: 48 BONEFISFI AVE , KEY LARGO, FL, 3 037 Re Number: 00470660000001 O DEAR PROPERTY OWNER, You are hereby notified that an investigation of the alcove property was initiated can 03/30/2021 and subsequently found the Following violation(s) of the Monroe County Code: 110-1.40.(a) - BUILDING' PERMIT RI QICI-16 PERM-F(S), APPROVAL(S) AND ALL FINAL Il' SEPC"'I"lC)N(S) ARE; REQUIRED FOR T1IE CONSTRUCTION TION OF: 1) ENCLOSURE OF SECOND STORY I'C)RUI 2) WOOD RAILINGS 3) DECK 4) BUILDING/STRUCTURE IN REAR OF 110ME Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit f"ees and permit requirements are lased on. the specific scope of work. Additional permits, permit Fees, mitigation Iees, or restoration of the property to original. condition may be required. The minimum fee I-bran Afte-The Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL. INSPEC'LLONS. ( ) PLEASE; TAN ; NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 06/24/2 21 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas rHwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING ARE REQUIRED TO ATTF WEBINAR, INS'T RUCTIONS ATTACHED HERETO, r�iri riiii / ra,is 3346 (X) You can avoid attending the hearing if all violationts) noted above are corrected by 06/16/2021 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. 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 I-lighway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax: (305) 289-2858 or email directly to Petrick-Nicole )rrionroeco u nty-fl..,ggv, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: httj)s://moiiroecoui,ityfl.iiextreg,uest,.c,oiii. If you are requesting the case file in preparationfor you hearing, your request should be submitted no less than ten (I O 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. 3347 ell, if,py" IT IS YOUR RESPONSIBILITY TO CONTACT THE CO INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your insp to t the a propriate location: CUTIE, LISETTE Code Inspector Middle Keys: 2798 Overseas Highway, Suite 3,30 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.: 7018 0360 0000 M on /o k-,5LLf) 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 "I SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accomnlodati oils 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 3348 Special Magistrate Hearing - June 24, 2021 You are invited to a Zoom webinar. When: Jun 24, 202109:00 AM, Eastern Time (US and Canada) Topic: Special Magistrate Hearing - June 24th, 2021 Please click the link below to join the webinar: Lij�p,�.JJmcbocc.zoorn. il 736861 Or iPhone one-tap US: +16465189805,,92944736861# or +16699006833,,92944736861# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1646 518 9805 or +1669 900 6833 Webinar III: 929 4473 6861 International numbers available: ILtjILsJJ a. 6 JwRs 3349 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Nu ber: CE CERT 01)6v 15(* r7QV _05(,00 GOOD SERVICE: NO SERVICE: rrmw Er I.n r.—j Elsotwn Flmdpi Wactrunic) ... ..... n 4w_ [] DtAviwy $ "( S�gmMuro RnrWimd IWW M 1611U`A Dohvevy de s"" ANA D BORGES&CRYSTAL $ V" LOPRENA co $ 48 BONEFISH AVE rxi KEY LARGO, FL 33037 iw CE210200861NOVILC/6124 3350 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE21020086 INSP: Cutie I, — J91 I Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: BORGES ANA AND LOPERENA CRYSTAL , described as 48 BONEFISH AVE , KEY LARGO, FL 33037 , having the property RE* 00470660000000 with the Notice of Viol ation/Notice of Hearing for this case with a Hearing Date of 06/23/2021 THIS NOTICE WAS POSTED AT: SUBJECT IPROPERTY AS STATED ABOVE Date: LP12 1 )4 Time: Monroe County Courthouse — 500 Whitehead! Street, Key West, Florida Date: Time: Monroe Couinty Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantatio Key Courthouse — 88820 Overseas, Highway, Tavernier, Florida Date: Time: �7 Signature:,,,. Sworn to and subscribed before me this day ok J"i'.,,)h 200.") MY COMM 611�1 N tart' ou ev f T ATIO OF M ILING: rJu�ry, Monroe County Code Compliance, declare under penalty of p 6'r , that I mail A du, at vi' copy of the above-mentioned Notice vi st la Mail to: BORGES ANA AND LOPEREN'A RYST�t, 48 BONEFISH AVE , KEY LARGO, F F , Sinature- Sworn to and subscribed before me this day�, 'IM Cl Notar P State oMftiridw My COMMISSION#OG 267847 EXPIRES:Or,',tcber 18, 3351 II 4iil}I i r i I , w c yl� r r / i I F }I 11 R N^u"h 1- II o61"09§20 , i i r Ce21020086—BORGES 48 BONEFISH AVE RE#00420660006000 COURT HO,US� F'RO'F'ER ' POSTING, SR INSPECTOR LISETTE CUTI�E 6--9-2 21 3352 k J Y I ` III I mlu ,, f � k✓Y „ gyY, Y� f ry 1 Iy I f r ad I w , d m e� v WE m nd�r i CE21020086-BORGES-LOPEI ENA 48 BONEFISH AVE-KEY LARGO RE#0047'0660000000 I SR IN�SEPCT'OR LISET `E CUTIE 3/30/2021 3353 � � r ..,..,,+: 1' wx S f,��A f/ t///%ii �/�� i�ii u:� u�, .NmA m ✓r✓�tr�.ryfrl u�wr p�/oa I� �i ri i lr. i �� y� � CE210200R6�-BORG ES-LOPE RENA 4$ BONEFISHAVE-KEY LARGO E#004701660 00000 ZT, ON SCR INSEPCTOR LIISETT"E CU'TIE w, 3/ 30/20021 3354 f w CL r r r (B co CL CD w r A h, d � ' D 'r "Vor, �✓ f' /�/// �/% � +' o 'fir a a 4pl, ffl i %�y9 / s�// � 11/16/23,9:30 AM gPublic.net-Monroe County, FL-Report:00470660-000000 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 Monroe County Property Appraiser's office 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 data is intended for ad valorem tax purposes only and shoo d 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 00470660-000000 Account# 1577821 Property ID 1577821 MlillageGroup 500K f Location Address 48 BONEFISH Ave,KEY LARGO LegalDes.ripti,on BK2LT25 LARGO SOUND PARK P83-Ill KEY LARGO OR489-883OR726-210 rW I O R744.464 OR24 90-22 95/96 O R2839-77/78T/C N„al,b.N(vk Ln beIe,,r:cJ on legal(I acruiovhnY%.) � r Neighborhood 1825 Property Class SINGLE FA RESID(0100) �^�y�y onree Co n, PARK .ro,.a of i 5ec/Twp/Rng 14/61/ Affordable No Housing 2129402210019 Owner BORGES ANA D LOPERENA CRYSTAL VALERY 48 Bonefish Ave 48 Bonefish Ave Key Largo FL 33037 Key Largo FL 33037 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 certified Values i Market Improvement Value $214,949 $2.18,206 $159,496 $162,154 + Market Misc VaIue $2,873 $5,220 $1.684 $1,791, • Market Land Value $2,90,331 $237,544 $128,010 $117,452 = Just Market Value $508,153 $460,970 $289,190 $281„397 = Total Assessed Value $351,28B $318,109 $289,190 $281,397 School Exempt Value $0 $0 $0 $0 School Taxable Value $508,153 $460,970 $289,190 $281,397 Historical Assessments Year Land Value BuigdingValue Yard Item Value Just(Mlarket)Val we Assessed Value ExemptVarlue Taxable Value Maximum Portability 2022 $237,544 $218,206 $5,220 $460,970 $318,109 $0 $460,970 $0 2021 $128,010 $159,496 $1,684 $289,190 $289,190 $0 $289,190 $0 2020 $1.17,452, $162,154 $1,791 $281,397 $281397 $0 $281,397 $0 2019 $11B,772 $162,154 $1,899 $282,825 $282,825 $0 $282,825 $0 2018 $105575 $162,154 $2,006 $269,735 $269,735 $0 $269,735 $0 Tl"Irt M tl Qlllp}Lftl1 pcyl abilky 4`n,ii cs„'tliYY a o7 d yy :ndi I] 1fld ufW b(','M IJ 119Xm vs head ual Qbop"tabiilhy a Y ouglt,'cunto(Y m'"Y t1 hco[,o vu� L'I Ulu aR1 t4U.➢l Yb"S k llllll'/m7Ff7tlbniI, Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY(010D) 5,125.00 Square Foot 0 0 Buildings Building ID 25999 Exteriorwalls C.B.S. Style 2 STORY ON GRADE Year Built 1975 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1995 Building Name Foundation CONIC PILINGS Gross SgFt 2336 Roof Type FLAT ORSHED Finished SgFt 1482, Roofcoverage MIN/PAINTCONC Stories 2Floor Flooring Type CERM/CLAYTILE Condition AVERAGE Heating Type FCDWR DUCTED Perimeter 224 Bedrooms 3 httDs://aoublic.schneidercori).com/Aonlicat on.asox?AlgolD=605&LaversD=9946&PaceTVDeID=4&PacelD=7635&Q=1253424854&KevValue=0047066... 3356 11 16/23,9:30 AM qPublic.net-Monroe County, FIL-Report:00470660-000000 Functional Obs 0 Full Bathrooms I Economic Obs 0 Half Bathrooms 0 Depreciation% 34 Grade 550 Anterior Walls PLASTER Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter OPX EXC OPEN PORCH 180 0 54 FLA FLOOR LIV AREA 1,4132 1,482 278 OLIF OP PRCH FIN UL 22:8 0 78 PTO PATIO 136 0 82 SPF SC PRCH FIN LL 150 0 70 PUF SC PRCH FIN UL 160 0 74 TOTAL 2,336 1,482 636 Yard Items Description Year Built Roll Year Size Quantity Units Grade CH LINK FENCE 2004 2005 0X95 1 475SF 1. CH LINK FENCE 2008 2009 5X195 1 975SF I WALL AIR CONE) 2021 2022 0X0 I 2UT 3 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or improved Grantor Grantee 1/25/2017 $240,000 Warranty Deed 2110272 2839 77 01-Qualified Improved JOHNSON SALLY A 11JI12010 $100 Quit Claim Deed 2490 2295 11-Unqualified Improved 11/1/1977 $29,000 Conversion Code 744 464 Q-Qualified Improved Permits Number Date Issued Date Amount Permit Type Completed Notes 21301785 9/28/2023 $25,105 RpsidenflA PERMIT APPROVAL FOR WORK COMM ENCI NG PRIOR TO PERMIT ISSUANCE FOR DECK WORK, STAIRS,RAILINGS AND ENCLOSED SECOND STORY BALCONY,AS PER APPROVED PLANS. ELECTRICAL,M ECHANI CAL AND PLUMBING THIS PERMIT. 22300282 4/26/2022 81412022 $2,400 Residential DEMOLITION OF SHED 19301608 9/26/2019 3/5/2021 $20,000 Residential 40 SO FT INT/EXT REMODEL/REPAIR NEW BATH IN BEDROOM 07305022 11/29/2007 1/6/2009 $1 Residential CHAINLINK FENCE View Tax Info vic'w Dxc''Poo Phk Parcel Sketches(click to enlarge) httDS://aoublic.schneidercoro.com/AnDllcation.asox?Ar)t)ID=6105&LaverlD=9946&PaaeTvDe]D=4&PaaelD=7635&Q=1253424854&KevValue=0047066,.. 3357 11/16/23,9;30 AM gPubk.net-Monroe County, FL-Report:00470660-000000 F 29 FLA �PUF FLA SPF ('t80'p (16f, 1S (724) (160) 5 3 FLA 32 0 LLA 7 -------Frr•r� - (135 Photos n 'n 7Ja cur s /r I httos://aDublic.schneidercorD.com/Aoolication.asDx?ADDID=605&Laverl D=9946&PaaeTvr)eI D=4&PaaelD=7635&Q=1253424854&KevValue=O047066... 3358 vJE2i $RmAM gmbc -Monroe County,R.Report:m¢zmm-mm @ap : !M Notice }Schneider E SPATIAL w»»m«<.....: ? «ice ? d qa mw +nGrm.m e.bn m a mw&wvl mk&Pa«ateDk mmaa»&o9S#am4&A QmW&«m. 335§ ` � EEEErE1e County 2023 Re:fl Estate. NOTICE OF AD VALOREM TAXES,AND NON AD VALOREM ASSESSMENTS ri r w r I 1577821 CL-0020977 500K 1577821, BORGES ANA D 00470660000000146139 LOPERENA CRYSTAL VALERY ESCROW PAYMENT PENDING, 48 BONEFISH Ave 48 Bonefish Ave INFORMATIONAL NOTICE RETURNED Key Largo, FL 33037-4765 BK 2 LT 25 LARGO SOUND PARK PB3-111 KEY LARGO OR489-883 OR726-2.10 OR744-464 OR2490-2295/96 OR2839-77 ui r TAXING AUTHORITY TELEPHONE ASSESSEDVALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 508,153 0 508,153 1.0980 557.95 SCHOOL LOCAL BOARD 305-293-1400 508,153 0 508,153 1.7980 913.66 GENERAL FUND 305-292-4473 351,288 0 351,288 0.8923 313.45 F&F LAW ENFORCE JAIL 305-292-7017 351,288 0 351,288 1.7880 628.10 HEALTH CLINIC 305-293-7500 351,288 0 351,.288 0.0388 13.63 GENERAL PURPOSIE 305-292-4473 351,288 0 351,288 0A765 62.00 MOSQUITO CONTROL 305-292-7190 351,288 0 351,288 0A344 152.60 M C LOCAL ROAD PATROL 305-292-7017 351,288 0 351,288 0.3118 109.53 SFWM DIST 800-432-2045 351,288 0 351,288 0.0948 33.30 OKEECHOBEE BASIN 800-432-2045 351,288 0 351,288 0.1026 36.04 EVERGLADES CONST PR, 800-432-2045 351,288 0 351,288 0.0327 11.49 K L FIRE RESC&EMER,G 305-451-5517 351,288 0 351,288 1.1695 410.83 ACC VALOREM TAXES: 7.9374 $3 242.58 BILL EXPRESS � � r SCAN 7 ONLINE! I LEVYING AUTHORITY TELEPHONE UNITS AMOUNT • MO CO SOLID WASTE 305-295-4323 1.000 457.15 NEW KEY LARGO WASTEWATER III 305-451-4019 0.000 290.88 % • NON-ALA VALOREM ASSESSMENTS: $748,03 W111W.IEONOLTAXOIII w'I,a� .m OR,CM OE 1'IIIl11LI111.IE BY'EMAJR. low $3,990.61 Ed& � � .:�m�1 mug G ,��. :r Illiec or 1577821 PO BOX 1.129, KEY WEST, IFL 33041-1129 305-295-5000 PAY ONLY ONE AMOUNT io of ooMIou oEo uuoi i om 000u o uoo ui io oiM m m i4 0 Nov 30,2023 4% $3,830.99 BORGES ANA D Dec 31,2023 3% $3,870.89 LOPERENA CRYSTAL VALERY 48 Bonefish Ave 0 Jan 31,2024 2% $3,910.80 Key Largo,FL 33037-4765 0 Feb 29,2024 1% $3,950.70 ® Mar 31,2024 $3,990.61 LEASE MAKE 1u HEE1fS PAYABLE TO; PLEASE DO NO"I'WRi r. @?4Em.OW THIS LINE "E,4M S 1 ELE,TAX CO 1.Ec"V'R IU,S,FUNDS ONLY 1 01577'821 2020 1, 3360