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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 _._......... _W CERT #: I o18 ® 4 0 0000 49-11 4-1 0 GOOD SERVICE: �. NO SERVICE• CD �' �' j " $ 4106 2 o O ' (0 ~ " =0' cwi w B 03,, 113 � � � "5 a mS S w N N w, D N O O O N f�D L p a Q ? N y " $ IV W C n N1y uom SI,7 ma a �r W 0 *` R .+0 p1 � mae. Ln w o m w 3 ul z v v N . O 1"' a C O ` 0 7)" Co p 7 r,. N M co «, O O , ,.' o (o 3 CD er�iM�ud Pw1e19 Fed Q F a ! a < a p c m � CID � RI�KYX`�14 ra�TWCtl3E $�P•+3 Rr���r1,�@a�aaG�ad,�'�fYX�w Nr���pa�npp�f� �a""�µ `` CA l Return Recelpi(Yr�loopy) a... C3 LI Ftetum Receipt.(elcsrw.renPc) S_ a_. Postmark \ � Cdulftee9 Mail�a&lcted Delluery $„,,,,,�„ ' ,„, _ Here ® @ p A1 "r,r -- cnw� �ax n ddl Slgnatuve ReWlcted'Delivery$.. ..A,,..�. �d lY 2 2�C� Lr1 oon>> O O 6as�7FY O o mo c y m n 1 __ ...... o O m m m CDsuN F rasREa m.d .F � '�3 3'm� � O ( CL 0 u �� ___._ i m o yr tda m a; :Aw k 1 L6= < 4 L O tr r a O ❑❑ ❑ ❑❑❑ m 3 m IT fA 3.1 O 70 � 9 w w"� m 1 n M a O CL 7 .0 70 0 7yy 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 .... .. .... ............ CERT #: 101E 0310o OOoa 911 4-IU-? GOOD SERVICE: NO SERVICE: p > R � O � A o can g N m 50 9 3 ' 3 m CO „� w < o W � � � a s _ yp unn fb mw mn 1:3 Z, z 01. O o .� Q w 5' 3 O O CLll P1 n w S Q N Oi 0 m w o Rira$5F ces '�� �(CRWaWe:k tuna.r�rrPr.1 rtwn.W rt.r�r�. H O ,.� p ISW � � O .+ (O �Gtat=l RacApt(hardcor.M �..W....._ ...._.. ✓ ^� '� C3 CO ' CD, G 3 MFjRetum1:tecelpt(r��Ayunla) ... ... Postmarkn� 0 co �W I�� CD a 0 {W,�Centfiad IMWI ReastrtcAfi H Y)eh(wy Hers 0 pit O. IgnatureW I Raq&edl $ � �� O AduRk SignatureRaaalaRcted I:)eelteeryt$.__ C CD -° mW._ ....... .�. O 'rote] a tBs and ms o, 000aa v o0 -tall 24 tPk7d I Tara t e r "£ m lea ;>> m rD 'w, ........... m W'. ®i N0 nM 'A w, ». Wfl WWW OW• '".. .: 2". w :::..... w � A � � „� ot�gg a O a 4%. rL Z o m 4 R � • m � m o . m �v_tut �yo�o�ov y m eo E m t�t�o O gccaa ..mmm' N j m,9O �Nn ZIf o a '�W 3W 3 y C y 0 CD CD.r CD .... ...� .. .................---.............................................._ ..... 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 p14,11oll" ,i,11111 we 4148 Acknowledgment Individual Capacity State of Maryland County of l `� This record was acknowledged before me on the l � day of f „ 20 by .. al of no`"t ar 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 36 No • " ". 41zd+a �r *r w. 0 1#0 *% 0 tional 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 �r MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE Z0010013 ....... CERT #: jo S D3&o 0000 q q-7 13SsS GOOD SERVICE: NO SERVICE: ►Ln 0 0 ro Ln m WNW Ir I��x%wR t as�.rU a�dc pt ONass(r.B4,sw,lkkrr�'„�aePed Neum�e.;dyr^,yamwF�rF�Pr�N.. �� GY'�r99 IY .,.. � ��.�9x�ykuwr�tlY�r�awsuryVlnk�hoauutc�r�lla�rp '� 4'�a Had Ma6j�W¢;kvNa aa:�If.BaaAhraeu' uutlk6a g naWre IRwANoa ed IDRO very � ay�rrwa�,um m ....._. _ .. o " I 4156 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. 4157 '7ROUce Publ 'c, � Count),( I Monroe In Ilia ',�.11i i IUninl I '79, \(wicrm%'1 01AIHiW1nI"I1 6 flF ITE�RLN1; `I;r 11A It ZAN IlllME l)I'111;\y I,I(: C"eo.a"aouPedta+Xl.4;1„"oPOV°✓f1�41�y 39 H11,1„tiTR1sFI°,FlA P'1`2R ,. BROOK A A,NY 112108 1„uc�u n:2Y257 OLEAAHER DRIVE.RIG Pl�E KF:N,F7,tiA4H.}. K \1�mLa�,1 1027 11181R11111R110 I'LAR PROKR I ':'I 111i f d(„�i Hl'Ik I,TIYti Plsk?II I RI;<i!(,'ll p. PLR,WTti' APPRO .A0 AND AU,I11NtN f,>�PI S;`1I(y�z AW,PrQ IRO)Vi <'Hlt INNT I,LL. TIQZ OF A NF,W FRUVT"DOOK 4;1%rrccA7v�;'4�171uR Re;gw(vel, �t'�nI:Kl lfk 41,a1r-+c Ci}(ro(a Hu;f�fin};dnil J'I:mnfnG CkJ'�ttnMn a(d ifiielr, t1;;Gc1�Iwv l%swi T>Nim ii vai Jnntr'ilyii'a X�:n1�11, NCy`YF.:)VRI^ (1 nul�nttilK+rcyaimmri7(6iA E,n�cju( rhCy,�i.�4+11t xa+{fc 1sf u (A,h4�ffiusnal j+crritnr,,po(171rf f}s , le mill nsruga(9�+sferxHmn+lex((txi(iUflh(�r�scrtl"hxlu(IY1osl t m�((!r�m 1y ix,ra�ulnJ Tfie IvfiMmurfr f+,c f�an AI1c(Itry ,' F;(���trir�9)vfiS�i1X1�/f'1�411UMIY'[Id,llfnnf(S�irr,��n fM1f3�y��f�3 S riir // - /// i� �/(/ilrN��i,lllln aiiUllYyd^��f>y1ri� % ,GI,UUOii� I , I CE20090013 — FARZAN HOME DESIGNS LLC 29257 OLEANDER DRIVE BIG PINE t r ; 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 ` r�o Y ddn `p founouissboor#GG 315057 Cov¢1 My nw.Expires der 7 t, 3 aorYr9R.zj through i{etaOnni ttotary Assru, f 4159 i / i i iii ioii�iir i�pr ie ololi!i it Wuuuuuuuuuuuuurilllll i o mli i ,pu,,b V�7�i� �ualhtui„1 Ioud t 3,3(i�li � G To. 1"r1K/AA MAR"' 1,1 ("" 39[M 1 ti1R1 f 1 f1PT 2R RRlaf)kl.VA.NY 11211h I,„ucatsnn; 14257(„)i I:,,A11)I';12 1, lilt; 304 �y�G r rlrJR% � f >�r�iiri kil NurP bed 6(127'1080000000 r 1'f1fAR Pk(,1f!11"R 'Y / �,r��'�,��r �wwfrc�m Iry 4a�PrtlltlfF/i!�'Iw�i'�i'�rafo��G '//j��r ((G✓fN�N kY.Y'1iiGKfIW4 r�:/ f � fN44 , ' 11!�IOi'+VWIP+4 D4✓r 1N / MrvW " fill ii ai ii.0 "'51 l� pi por� , ?iiatia�;'stl; i (1�irll�i�x��,M�a4 in o u1li.,ii;. U'n r.l. r% , (1•,IOa1,i„ fl,lT_C)fv(JPE:R,A11"I f'f K.Vf'II S, "J"PR(',"A'N,,, :\\11 -�.11,, I ':\!, 114>f'h,l,"I'! ,1�ti \Rr, KJ ,1KFH1 Ol,h , 1 IDS°I'r 11,„\1'"Il�l� OF'A,t-AY, FRONT 1)(,,'jO, ilRiMi iu! NW "w r � 0 a<urp W a���L:J�� wow, t Public otic o,. ill 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 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 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