Item P4 P4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE 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
January 31, 2024
Agenda Item Number: P4
2023-1944
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Authorization to initiate litigation against FARZAN HOME
DESIGNS LLC and their property, 29257 Oleander Drive, Big Pine Key, Florida, to seek compliance
with the County Code and enforce the lien(s) arising from code compliance case number CE20090013.
ITEM BACKGROUND:
CE20090013: This property has been the subject of a code compliance case for building permits
required for installation of a new door(not compliant). The fines total $49,400.00 as of December 5,
2023 and will continue to accrue at $100.00 per day, until compliance is achieved.
A hearing was scheduled for August 19, 2021 and the property owner was present. The Special
Magistrate found the property in violation and ordered a compliance date of January 26, 2022. The
County's lien was recorded on February 1, 2022. A subsequent hearing was held on July 27, 2023 and
the property owner was present. The Special Magistrate found the property remained in violation and
granted the County's motion to proceed with collections. The code case remains open for non-
compliance and failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value as $508,083. The property is not
homesteaded and there are no pending foreclosure actions at this time. There is a mortgage in the
amount of$292,500 which predates 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;
4127
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:
AIS Supporting does CE20090013 Farzan Home Designs LLC.pdf
Resolution 057-2014 LIEN PROCESS.pdf
FINANCIAL IMPACT:
148-50001 Growth Management Admin- $2,500.00
4128
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
VS. ) Case No.: CE20090013
FARZAN HOME DESIGNS LLC, )
Respondent(s). )
)
ORDER AUTHORIZING FORECLOSURE AND/OR MONEY JUDGMEN`T""
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 27th Jul 23, at the Marathon Government
Center, Marathon, Florida.
r
Joh `. Van L 'nglam
Special Magistrate
CERTIFICATE OF ORDER
I Iertify th this 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. gm l to Respondent(s) address of record w/the Monroe County Property
Appraiser's Office and copy to FARZAN HOME DESIGNS LLC, R/A DOLLY BECKLES, 1055
SEMINOLE CREEK DRIVE, OVIEDO, FL 32765 and/or Authorized Representative, N/A ,
on thi day of Jul , 2023..
Nicole Petrick, Liaison
4129
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE20090013
Property Location: 29257 OLEANDER DR., BIG PINE KEY, FL 33043
Parcel ID: 00271080000000
FARZAN HOME DESIGNS LLC
39 HILL ST., APT 2R
BROOKLYN, NY 11208
4130
MONROE COUNTY CODE COMPI-i -- ACE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE20090013
Property Location: 29257 OLEANDER DR., BIG PINE KEY, FL 33043
Parcel ID: 00271080000000
FARZAN HOME DESIGNS LLC
R/A DOLLY BECKLES
1055 SEMINOLE CREEK DRIVE
OVIEDO, FL 32765
4131
BRIEF FOR FARZAN HOME DESIGNS LLC—CE20090013
MOTION FOR COLLECTIONS 7/27/2023
htt s://mcesearcb.monuroeco nty-fl.gov/code/CE20090013
a uhh'L
'rA11U'� I[lltrl'
Monica Rodriguez
-7oro
Research Analyst- Monroe County
de
Subject Property - 29257 OLEANDER DR., BIG PINE KEY, FL
Violation(s):
110-140.(a) — building permit required — permits, approvals and all final inspections
are required for the installation of a new door (permit #R-DEMO-2022-0009 applied
for but not issued; not compliant)
Property is not in compliance
Lien was recorded in the Official Records of Monroe County on 2/1/2022, Book 3152,
Page 1228 and remains unpaid.
• Lien $35,849.08 as of July 18, 2023
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 6/2/2023 to
address on PRC. Return receipt was received, signed on 6/5/2023.
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 6/2/2023 to
registered agent for PO. Return receipt was received, signed on 6/5/2023.
*PO not 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.
4132
BEFORE CODE COMPLIANCE SPECIAL i.x.AGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE20090013
FARZAN HOME DESIGNS LLC, )
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 February 1, 2022, Book 3152, Page
1228 on the property that was the subject of the code compliance action described as: 29257 OLEANDER DR. BIG
PINE KEY, FLORIDA 33043, MONROE COUNTY, RE# 00271080000000, and upon any and all other real and/or
personal property you own. The current outstanding amount of the County's lien as of May 25, 2023 is $30,449.08
(fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be
considered on July 27, 2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at
9:00 a.m., Marathon, FL 33050. ALI.. PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE
HEARING SI:IOI)LD ATTEND VIA ZOOM WEBiNAR. INSTRUCTIONS ATTACHED HERETO.
Kelly . Dugan
Assistant County Attorney
Fla. Bar No. 105870
DU au-1 e19y t!i1ty FL Gov
1111 12" Street, Suite 408
Key West, Florida 33040
(305)292-3470
CERTIFICATE OF SERVICE
I hereby certify that on this day of luin 2023 a copy of the foregoing was furnished to
Respondent(s)via Certified Mail, Return Receipt Request No. —101 03t,p... 2.0.o ..`lm_ m m l 4-1 5 0 _to
R/A DOLLY BECKLES 1055 SEMINOLE CREEK DRIVE OVIED , FL 32765.
Code ConpliaIT Department
ADA ASSISTANCE: If you are a person with a disability who needs speci-' 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".
4133
County of Monroe
The Florida Keys
Code Conn plia ace Department F ��CR ' Board OfC"OUnt; �.owtarvrissioners
2798 Overseas Highway I Mayor Craig Cates,District 1
Marathon,Florida 33050 Mayor Pro Tem 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
r, -IVA2.
FARZAN HOME DESIGNS LLC
R/A DOLLY BECKLES
1055 SEMINOLE CREEK DRIVE
OVIEDO,FL 32765
May 25, 2023
Subject: Code Case: CE20090013
Location: 29257 OLEANDER DR. BIG PINE KEY, FL 33043
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
July 27, 2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m.,
Marathon, FL 33050. ALL PROPERTY OWNERS WHO WISH. TO PARTICIPATE IN THE HEARING
SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO.The purpose of this
hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money
judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the property
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location:
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, 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,
Monica Rodri t z
Code Complias e Research Analyst 305-289--2586
.odrig,Ltez-r"«io,riica z:tiiotiroccollfli� t m vv
4134
Special Magistrate Hearing - July 27t1h, 2023
You are invited to a Zoom webinar.
When: Jul 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:
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:
4135
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
LRKGISTERED MAIL RECEIPTS TRACKJNG
Case Number: CE 00 0
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4136
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE20090013
Property Location: 29257 OLEANDER DR., BIG PINE KEY, FL 33043
Parcel ID: 00271080000000
FARZAN HOME DESIGNS LLC
R/A DOLLY BECKLES
1055 SEMINOLE CREEK DRIVE
OVIEDO, FL 32765
4137
BEFORE 1 ji.E CODE COMPLIANCE SPECIAL �.iAGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE20090013
FARZAN HOME DESIGNS LLC, )
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 February 1, 2022, Book 3152, Page
1228 on the property that was the subject of the code compliance action described as: 29257 OLEANDER DR. BIG
PINE KEY, FLORIDA 33043, MONROE COUNTY, RE# 00271080000000, and upon any and all other real and/or
personal property you own. The current outstanding amount of the County's lien as of May 25, 2023 is $30,449.08
(fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be
considered on July 27, 2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at
9:00 a.m., Marathon, FL 33050. .ALL PROPERTY OWNERS, WHOWISH TO PARTICIPATE IN TIJE
HEARING SIIOLDI I)ATTEND VIA ZOOM WE II;NAR. :M:I STRIPCTIONS ATTACHED HERETO.
Kelly . Dil'g' 1
Assistant Count ttorney
Fla. Bar No. 105870
1111 12'h Street, Suite 408
Key West, Florida 33040
(305)292-3470
CERTIFICATE OF SERVICE
I hereby certify that on this day of J UV l _ , 2023 a copy of the foregoing was furnished to
Receipt q -7 I 4 000 y ,I 4 1 to
Respondent(s)via Certified Mail, Return Recei t Request No. .._...,�... ................. ...........�.
39 HILL ST. APT 2R BROOKLYN,NY 11208.
Code Compliai c Department
ADA ASSISTANCE: If you are a person with a disability who needs specia 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".
4138
County of Monroe
The Florida Keys
!Lode C;om haoc De arrnxent r r i Board of Count Commissioners
,.
2798 Overseas Highway tts� Mayor Craig Cates,District I
Marathon, Florida 33050 � V �yL�,o 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
FARZAN HOME DESIGNS LLC
39 HILL ST.,APT 2R
BROOKLYN,NY 11208
May 25, 2023
Subject: Code Case: CE20090013
Location: 29257 OLEANDER DR. BIG PINE KEY, FL 33043
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
July 27, 2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m.,
Marathon, FL 33050. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING
SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. The purpose of
this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money
judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the property
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location:
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, 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.
1lespectfull yours,
Monica to iguez
Code Compliance Research Analyst 305-289-2586
Rod
drr tt z-rn rli a wry t s)ror c jty-llgov
4139
Special Magistrate Hearing - July 27th, 2023
You are invited to a Zoom webinar.
When: Jul 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:
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:
4140
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL RECEIPTS TRACKING
Case Number: C E2ovq = 3
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4141
MONROE COUNTY CODE COMPLIA,-iCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE20090013
Property Location: 29257 OLEANDER DR., BIG PINE KEY, FL 33043
Parcel ID: 00271080000000
FARZAN HOME DESIGNS LLC
39 HILL ST., APT 2R
BROOKLYN, NY 11208
4142
County of Monroe
The Florida Keys
t'nde f' aem Nuanee Department ..li � Board ofCount
Y Corm m is inner
2798 Overseas Highway "v Mayor Craig Cates,District 1
Marathon, Florida 33050
dr w..a. Mayor Pro Tern Holly Merrill Raschein, District 5
�p � � �h �..
Voice:(305)289-2810 v �A Michelle Lincoln,District 2
FAX: (305)289-2858 * James K.Scholl,District 3
David Rice,District 4
FARZAN HOME DESIGNS LLC
39 HILL ST.,APT.2R
BROOKLYN,NY 11208
December 22, 2022
Subject: Code Case: CE20090013
Location: 29257 OLEANDER DR., BIG PINE KEY, FL 33043
Dear Property Owners,
The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as
a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of
the code compliance action and upon any and all other real and/or personal property you own.
Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the
fines continue to accrue in the amount of$100.00 per day until the property comes into compliance. A daily fine
of$100.00 per day has currently accrued for 146 days for a current total of$14,600.00.
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 $449.08 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 $15,049.08 and fines and costs will continue to accrue
until compliance is achieved and payment is received.
Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County
Attorney's Office for further action.
Respectfully yours,
'yntWa 1, 1 IcPl e on
Sr.Director Code Compliance
(305)289-2508
McPherson-C ntliia ,inonroecoiwt -p. av
4143
County of Monroe -
The Florida Keys
M
Code Compliance De artrrperrt a; Board of
C trust :rrrr�nrriissirnr#ers
2798 Overseas Highway Mayor David Rice,District 4
Marathon,Florida 33050 Mayor Pro Tern Craig Cates,District 1
Voice:(305)289-2810 Michelle Coldiron,District 2
FAX: (305)289-2858 �� James K.Scholl,District 3
;''^�,, -• �� Holly Merrill Raschein,District 5
FARZAN HOME DESIGNS LLC
39 HILL ST APT 2R
BROOKLYN,NY 11208
August 11, 2022
Subject: Code Case CE20090013
Property Location: 29257 OLEANDER DR,BIG PINE KEY,FL 33043
Real Estate No.: 00271080000000
Dear Property Owner(s),
This letter is to inform you that our records indicate that the violation(s)remain on your property and the fines will
continue to run in the amount of$ 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 02/01/22,
Book 3152, Page 1228. The current amount of the County's lien is $ 1,726.08 (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 �kta�1 �-��_.,2M�
4144
MONROE COUNTY CODE COMPLIANCE
SPECIAL MAGISTRATE
Monroe County Code Compliance
Petitioner
VS. Case Number CE20090013
Farzan Home Designs LLC
Respondent(s)
In the matter of: 29257 Oleander Drive,Big Pine Key,FL
Re#00271080-000000
ORDER APPROVING AGREEMENT
TO ENLARGE COMPLIANCE DATE
This matter comes before the undersigned Special Magistrate upon the Agreement of the parties to enlarge
the compliance date, which was initially established in the Final Order rendered on August 24, 2021. Upon
consideration of the parties' Agreement and being otherwise advised, it is
ORDERED that:
1. The Agreement attached hereto is approved, adopted, and incorporated by reference, to this Order as if
fully set forth herein.
2. The terms and conditions of the Final Order dated August 24,2021 remain the same.
3. The new compliance date shall be July 28, 2022. Fines shall accrue as specified in the Final Order of
August 24, 2021 the property is not brought into compliance
DONE AND ORDERED this day of ,20012
IOl .VAN 1>�" 1�1GHAM
Code Comp ante Special Magistrate
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order..
z AZ,2........ ......
Nicole M. Potrick,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
to Respondent(s) address voff record w/ th County Property Appraiser's Office as
70
reference hove and/'or Authorized (e resen on this
/ first class s addre Monroe Coun Pro e raiser
day of >20
icole M. Petrick, Liaison
4
4145
MONROE COUNTY CODE COMIPLIANCE
SPECIAL MAGISTRATE
Monroe County Code Compliance
Petitioner
vs. Case Number CE20090013
Farzan Home Designs LLC
Respondent(s)
In the matter of: 29257 Oleander Drive, Big Pine Key, FL
Re# 00271080-000000
AGREEMENT TO ENLARGE COMPLIANCE DATE
AND ODDER APPROVING SAME
The Petitioner Monroe County Code Compliance by and through the undersigned Code
Compliance Inspector and Farzan Home Designs LLC, hereby agree to the following:
1. The Final Order dated August 24, 2021 ordered a compliance date of
January 26, 2022. The Respondents are not going to be in compliance by that date.
2. Respondent(s) agrees that the violation(s) still exists in the above captioned
matter and;
(a) The parties are now agreeing to an enlargement with a compliance date of July
28, 2022.
(b) The Respondent waives the right to appeal any finding of violation or order that
he or she would otherwise have under Section 162.11, Florida Statutes.
(c) The Final Order dated August 24, 2021, and any evidence in the Code
Compliance file will be deemed the record in the case; and
3. The property will be checked for compliance on July 28, 2022. (New
compliance date).
1
4146
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. The fines
will accrue as follows:
110-140.(a) $ 100.00 per day
5. 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).
6. The Respondent(s) specifically agrees that this Agreement may be
recorded in the public records of the County and if recorded shall constitute notice to
subsequent purchasers, successors in interests, or assigns that the violations of Monroe County
Code 110-140.(a) exists. This Agreement shall be recorded as alien 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.
7. Respondent(s) agrees and represents that Respondents) entered into this
Agreemen
t 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 el
ected to waive this right. The parties understand and agree that the
Respondent(s) may revok
e this Agreement and that such revocation must be done in writing or
ector Stan Anders by the end of business January 31, 2022.
done in person with Ins p
4147
By signing this Agreement, both parties represent that they have the authority to enter
into this agreement and further, that they have READ, UNDERSTOOD, AND CONSENT
to its terms and conditions.
Signature of Respondent(s) / Date Signature of Respondent(s) / Date
PI�RJ&Al Al
Print Name Print Name
STATE OF q jr' STATE OF _..,
COUNTY OF i �' COUNTY OF
PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the
undersigned authority, undersigned authority,
who, after who,after
_._
first being sworn by me, affixed his/her signature first being sworn by me, affixed his er signature
(name of individual signing)in the space provided (name of individual signing)in the space provided
above on this ` day of Fe,h—FUCT-t-20j,2 above on this day of 20., ....
�.....� .. NOTARY PUBLIC
NCITY
TERRAINE A DUBERRY
Notary Public-State of Maryland
Baltimore City
My Commission Expires Sep 9, 2024 ®�/
Signature of Respondent(s) / Date Signature of Petitioner (County)/ Date
Print Name Inspectors Name
STATE OF STATE OF
__ COUNTY OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the
undersigned authority, undersigned authority,
who,after
first bem sworn b me affixed his/her signature
who, after - .-��.gn v ^�
• g y � first being sworn by me affixed his/her signature
(name of individual signing)in the space provided (name of individual signing)m the s ace provided
20 ......... �._ . I ..day o 20
above on this day above on t is
of
NOTARY PUBLIC
< , NICOLE M.PETRICK
'MIAm Notary Public-State of Florida
Commission HH 2O7102
My Comm.Expires Jan 3,2026
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Acknowledgment
Individual Capacity
State of Maryland
County of l `�
This record was acknowledged before me on the l � day of f „
20 by ..
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Title of Notarial Officer L4� r z
My commission expires: d
[affix notary stamp]
TERRAINE A DUBERRY
, Cr Notary-Public-State of Maryland
� Baltimore City
IP My Commission Expires Sep 9,2024
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DESCRIPTION OF ATTACHED RECORD:.
Title or Type of Record:
Record Date: / Number of Pages
Signers other than named above:
ewh(1012020)
4149
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
Doc#2359561 Bk#3152 Pg#1228
Recorded 2;'1P2022 2.44 PM Page I of 2
MONROE COUNTY FLORIDA,
Petitioner,
Filed and Recorded in Official Records of
MONROE COUNTY KEVTI MADOIC.CPA
vs.
FARZAN HOME DESIGNS LLC Case No.: CE20090013
Respondent(s). Subject Property Real Estate Number: 00271080-000000
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 NABBIE FARZAN MGR
was present via zoom webinar on Au 2021 and did not contest the viol'ation(s)set forth in the Notice of Violation/Notice of
Hearing which is incorporated herein as 1f fully set forth..
(x ) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(x ) The Respondent(s) is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing
served upon the Respondent(s).
ONE-TIME FINE-The violation(s) is found to be irreparable or irreversible and a one-time fine of$
is ORDERED, payable within days of this Order.
(x) COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
(x ) The Respondent(s)shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before
01/26/2022 ("THE COMPLIANCE DATE"),
(x) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein, fine(s) in the dollar amount:
110-140. a 100.00
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s) is/are in violation is/are
hereby ORDERED.
(x ) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County, the costs of
prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of
Hearing filed in this case and did not came into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondent(s)shall pay the total amount of cost and/or fines($ )to
Monroe County Code Compliance within thirty(30)days of this Order.
( ) Other:
Page 1
4150
In the event of nonpayment of fines and/or costs unposed 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 udgment for the amount of the lien plus accrued interest. Please male 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 330%
IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COI' PLIANT BY CALLING CODE COMPLIANCE AT 305 453-880-FOR THE UPPER I^tE 2810 FOR THE MIDDLE
KEYS; 305 295.4343 FOR THE LOWER KEYS.
DATED this 24th day of August 12021,
an L gram, agistrate
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.
I hereb certify that this is true and correct copy of the above Order.
Ni6ole Petrick, Liaison
CASE NUMBER: CE20090013
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
FARZAN HOME DESIGNS LLC
39 HILL ST APT 2R
BROOKLYN, NY 11208
Location of subject property:
29257 OLEANDER DR
BIG PINE KEY, FL 33043
Real Estate Number: 00271080-000000
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 / first
class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced
above and/or Authorized Representative N/A on this 25th day of August , 2021.
4N,flioletrick, Liaison
Page 2
4151
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050 "�
_.. ... NOTICE OF VIOLATION/NOTICE OF HEARING
To: FARZAN HOME DESIGNS LLC Case Number: CE20090013
39 HILL STREET,APT 2R
BROOKLYN, NY 11208
Location: 29257 OLEANDER DRIVE,BIG PINE KEY, FL 33043
Re Number: 00271080000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 09/08/2020 and
subsequently found the following violation(s) of the Monroe County Code:
110-140.(a) -BUILDING PERMIT REQ/CH 6
PERMITS, APPROVALS AND ALL FINAL INSPECTIONS ARE REQUIRED FOR THE
INSTALLATION OF A NEW FRONT DOOR.
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based on
the specific scope of work. Additional permits, permit fees,
mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The
Fact permit is $500.00 (five hundred dollars) as per Monroe
County Code. All permits will require PASSING FINAL
INSPECTIONS.
(X) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 08/19/2021 at 9:OOAM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS2 WHO
WISH TO PARTICIPATE IN THE HEARING ARE REQUIRED TO ATTEND VIA ZOOM:
WEBINAR. INSTRUCTIONS ATTACHED HERETO.
EM94152
(X) You can avoid attending the hearing if all violation(s) noted above are corrected by
08/11/2021 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 Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax:
(305) 289-2858, or email directly to Pet rick Ni cote @`i-nojiwec Ly ]-gov, prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
iAII)s://1110111'OCC!OLIIIt flea- c, If youaye t�ec r estin flee c e file in re aration lo�' ou,,
hearima, vour reciuest shoLild be submitted no less than ten 10 days prior to your scheduled bearin�.
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.
i .
/��%�%�%� 4153
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:
STAN ANDERS
Code Inspector 305-289-2819
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
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 4971 3555 on ` as ag(
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".
3f' /%
/////O%%%//i%
4154
Special Magistrate Hearing - August 19th, 2021
You are invited to a Zoom webinar.
When: Aug 19, 2021 09:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Hearing - August 19th, 2021
Please click the link below to join the webinar:
Or iPhone one-tap
US: +16465189805„97452385375# or
+166990068331,.97452385375#
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: 974 5238 5375
International numbers available:
htt c.
zoom.us uLacP8aKPER5
4155
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MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL
RECEIPTS
Complaint Number:
CE Z0010013
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M_ .JROE COUNTY CODE COMPLIAI. ,c
AFFIDAVIT OF POSTING
CASE: CE20090013
INSP: ANDERS, STAN
1, Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: FARZAN HOME DESIGNS LLC , described as 29257
OLEANDER DR , BIG PINE KEY, FL 33043 , having the property RE#: 00271080000000 with the Notice
of Violation/Notice of Hearing for this case with a Hearing Date of 8/19/2021 .
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: 0 -'4- Z/ Time: / 31p,
Monroe County Courthouse— 500 Whitehead Street, Key West, Florida
Date: Time:
Monroe County Courthouse— 3117 Overseas Highway, Marathon, Florida
Date: Time:
Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida
Date: Time:
Signature: AK 4�&
Sworn to and subscribed before me this day of 20 .
�"�
, W LISAS.MARSHALL
MY COMMISSION#H!8,
70328
EXpIRES:Deoember2024 Notary Public, State of Florida
Bowed Thru Notary Public erw►Hers
CERTIFICATION OF MAILING:
1, 1 1 , Monroe County Code Compliance, declare under penalty of
perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: FARZAN
HOME DESIGNS LLC , 39 HILL ST APT 2R , BROOKLYN, NY 112
Signature:
Sworn to and subscribed before me this day of 2
r� ='r's
I. 6� 55' Notary Public, State of Florida
w Sfat�e of Florida#G 315057ar sMar 21,7023Bononal Notary Assn.
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29257 OLEANDER DRIVE BIG PINE
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Posting — Property — 8/4/2021
4158
Ni.AROE COUNTY CODE COMPLIA E
AFFIDAVIT OF POSTING
CASE: CE20090013
INSP: ANDERS, STAN
Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: FARZAN HOME DESIGNS LLC , described as 29257
OLEANDER DR , BIG PINE KEY, FL 33043 , having the property RE#: 00271080000000 with the Notice
of Violation/Notice of Hearing for this case with a Hearing Date of 8/19/2021 .
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time:
Monroe County Courthouse - 500 Whitehead Street, Key West, Florida
Date: Time:
Monroe County Courthouse - 3117 Overseas Highway, Marathon, Florida
Date: B'g"z/ Time: /l).2_15 ate,
Plantation Key Courthouse -88820 Overseas Highway, Tavernier, Florida
Date: Time;
Signature:
Sworn to and subscribed before me this day of u-J 20 a�.
*rF p LISA S.MARSHALL
MY COMMISSION#HH 070328 NotaryPublic, State of Florida
EXPIRES:December 8,2024
Bonded Thru NoWy Public underwriters
CERTIFICATION OF MAILING.
1„ 1 Imo.- - ( , Monroe County Code Compliance, declare under penalty of
perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: FARZAN
HOME DESIGNS LLC , 39 HILL ST APT 2R , BROOKLYN, NY 1120
Signature:
Sworn to and subscribed before me this day of 2 .
x x rtr iI�LGROSS Notary Public, State of Florida
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CE20090013 — FARZAN HOME DESIGNS LLC
29257 OLEANDER DRIVE BIG PINE
Posting — Courthouse — 8/4/2021
4160
County of Monroe
Code Compliance Department "
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING ........_
To: DOLLY BECKLES, REGISTERED AGENT Case Number: CE20090013
1055 SEMINOLE CREEK DRIVE
OVIEDO,FL 32765
Re: FARZAN HOME DESIGNS LLC
Re Number: 00271080000000
Location: 29257 OLEANDER DRIVE, BIG PINE KEY, FL 33043
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 09/08/2020 and
subsequently found the following violation(s) of Monroe County Code:
110-140.(a) - BUILDING PERMIT REQ/CH 6
PERMITS, APPROVALS AND ALL FINAL INSPECTIONS ARE REQUIRED FOR THE
INSTALLATION OF NEW FRONT DOOR.
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based on
the specific scope of work. Additional permits, permit fees,
mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The
Fact permit is $500.00 (five hundred dollars) as per Monroe
County Code. All permits will require PASSING FINAL
INSPECTIONS.
(X) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 08/19/2021 at 9:OOAM at the Monroe County Government
Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WH0
WISH TO PARTICIPATE IN THE HEARING ARE REQUIRED TO ATTEND VIA ZOOM
WEBINAR. INSTRUCTIONS ATTACHED HERETO,
y
4161
(X) You can avoid attending the hearing if all violation(s) noted above are corrected by
08/11/2021 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 Code
Enforcement 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 C" ttc ;ic �NeC<xapa � :�wsN.� t -LN +, prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
Li.g1) rN ,, ,c:� if ou are rec uestig the case file in re Daration for your
hearing, our request sliould be submitted no less than ten 0 0 days prior to y2gLscheduled 1peariu
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.
094162
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:
_
STAN ANDERS
Code Inspector 305-289-2819
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon,FL 33050 (305) 289-2810
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 4971 3562 on
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".
3
4163
Special magistrate Hearing - August 19th, 2021
You are invited to a Zoom webinar.
When: Aug 19, 2021 09:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Hearing - August 19th, 2021
Please click the link below to join the webinar:
c.
zoom.us/ 9745Z385375
Or iPhone one-tap :
US: +16465189805„97452385375# or
+16699006833„97452385375#
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: 974 5238 5375
International numbers available:
Mcbocc.zoom.usJ_
E111111 /i//////%%////i � 4164
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MONROE COUNTY, FLORIDA
i
RESOLUTION NO.05�L201.4
r%
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL
ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE
SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF f
FOR NON-COMPLIANT PROPERTIES, FORECLOSURE r
AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION
OF UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER; AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8-31(a)
give the Special. Magistrate appointed to hear Code Compliance cases the authority to impose i
fines and costs including the cost of repairs if the County is forced to make repairs, after a
finding that the property owner has violated the Monroe County Code(s); and
WHEREAS pursuant 20(3), Florida. Statutes and Monroe County Code 8- t
( ) feed of an Order imposing py a tine or a tine plus repair costs may be recorded
in the public records and thereafter constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator; and
I
WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all
real and personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded
liens;
and
WHEREAS, the initiation of litigation may be the only incentive for some property owners to
gain compliance; and
WHEREAS, the Board of County Commissioners finds it in the public's interest to have a
formalized written procedure to be used after a Final Order has been rendered by the Code
Compliance Special Magistrate to initiate injunctive relief on non-compliant properties, j
foreclosure and/or money ,judgment actions for collection of unpaid fines and/or costs from a
property owner;
March 19, 2014 Code laien Procedure 4165
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 4166
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
4167
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
4168