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Item O2 02 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting February 21, 2024 Agenda Item Number: 02 2023-2085 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against FRANCYS M. HELLIESEN and her property, Vacant Land Bigonia Dr., Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE20010022. ITEM BACKGROUND: CE20010022: This property has been the subject of a code compliance case for vegetation in canals (not compliant). The fines total $28,600.00 as of January 18, 2024 and will continue to accrue at $100.00 per day, until compliance is achieved. A hearing was scheduled for January 26, 2023 and the property owner was not present. The Special Magistrate found the property in violation and ordered a compliance date of April 6, 2023. The County's lien was recorded on April 21, 2023. A subsequent hearing was held on October 26, 2023 and the property owner was not 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 $59,795. The property is not homesteaded and there is no mortgage recorded. There are no pending foreclosure actions at this time, however there is a title issue that will need to be resolved before the property could be acquired. 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; 2799 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. Additionally, the title issue may warrant the County initiating a probate action in order to resolve ownership. County staff recommends initiating litigation (option 1) against the property owners for injunction, foreclosure, money judgment and/or writ of execution. County staff also recommends approving the initiation of a probate action. 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 CE20010022 Helliesen.pdf Resolution 057-2014 LIEN PROCESS.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 2800 Y� o- BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE20010022 FRANCYS M. HELLIESEN, ) Respondent(s). ) ) ORDER AUT11ORI ING FORECLOSURE AND/OR MONEY UDGMENT 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 2611, lay Oct 023, at the Marathon Government Center, Marathon, Florida. Joill an L, nghan Specia strate CERTIFICATE OF ORDER I Jere certify that t °'° is a true and correct copy of the above Order. Nicole Petrick, Liaison CER'I"1F'lC"ATE (.�F SERVI�C.�E I he�'eby certify that true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/ Iac•sl° css U.S. ma��' to Responden (s) address of record w/the Monroe County Property Appraiser's Office and/or Authorized er, Representative, N/A on this 271h day of Octob 2023, Nicole Petrick, Liaison 2801 MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE20010022 Property Location: VACANT LAND BIGONIA DR., BIG PINE KEY, FL 33043 Parcel ID: 00266320-000000 FRANCYS M. HELLIESEN 2189 BLOSSOMWOOD DR. OVIEDO, FL 32765-6151 2802 BRIEF FOR. FRANCYS M. IHELLIESEN —CE20010022 MOTION FOR COLLECTIONS 10/2612023 hit s://mcesearch.monroecount 41. ov/code/'CE20010022 Monica Rodriguez (/ Research Analyst - Monroe County , 1 rpr (4 Subject Property—VACANT LAN BIGONIA DR., BIG PINE KEY, FL Violation(s): 26-4.(b) —vegetation in canals (not compliant) _ Property is not in compliance Lien was recorded in the Official Records of Monroe County on 4/21/2023, Book 3221, Page 1700 and remains unpaid. a Lien $19,878.16 as of October 18, 2023 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 9/1/2023 to address on PRC. Return receipt was received, signed on 9/5/2023. PO not in communication with Research Analyst Monica Rodriguez, since mailing of Motion/Notice County is asking the Special Magistrate to authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. 2803 BEFORE I iiE CODE COMPLIANCE SPECIAL i,xiLGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE20010022 FRANCYS M. HELLIESEN, ) 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 April 21, 2023, Book 3221, Page 1700 on the property that was the subject of the code compliance action described as:VACANT LAND BIGONIA DR.BIG PINE KEY, FLORIDA 33043, MONROE COUNTY, RE# 00266320000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of August 22, 2023 is $14,178.16 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on October 26,2023 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS "'110 WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA.. Z430M WEBINAR. INSTRUCTIONS AXFAC14ED .HERETO. Kelly M. Dugan Assistant County nimey Fla. Bar No. 105870 Dtiganj<clly c:�Mr r r�gLgLN� y I I 1112`h Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hei-eby certify that oii this ... 1_....._(lay of W 2023 a copy of the f regohig was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. �lb_ .4. I(0 to 00...._OU�.. 2189 BLOSSOMWOOD DR OVIEDO,FL 32765-6151. Code Coniplia e 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"71111. 2804 County of Monroe The Florida Keys �ry Code ComLallarwce Department ward of County t:atmrurnlissirancr�s 2798 Overseas Highway i "' Mayor Craig Cates, District I Marathon,Florida 33050 Mayor Pro Tern Holly Merrill Raschein, District 5 Voice:(305)289-2810 � � Michelle Lincoln,District 2 FAX: (305)289-2858 James K. Scholl, District 3 �29 David Rice,District 4 FRANCYS M.HELLIESEN 2189 BLOSSOMWOOD DR. OVIEDO,FL 32765-6151 August 22,2023 Subject: Code Case: CE20010022 Location: VACANT LAND BIGONIA DR., BIG PINE KEY, FL 33043 Dear Property Owner, 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 October 26,2023 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 'T TEND VIA ZOOM WEBINAII. INSTRUCTIONS AI"TACHED HERE"I'O.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, AW 0 Monica.Rodr Cwu Code Compliance Research Analyst 305-289-2586 Rodri ue, ni l!igag''ippnroe ott -fl g y 2805 You are invited to a Zoom webinar. When: Oct 26, 2023 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — October 26, 2023 Please click the link below to join the webinar: https:llmcbocc.zoom.usljl89817567983 Or iP"hone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# 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: 898 1756 7983 International numbers available: https://mcb,occ.zoom.us/u k6hc x6ou 2806 i MONROE COUNTY CODE COMPLI#,..CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE20010022 Property Location: VACANT LAND BIGONIA DR., BIG PINE KEY, FL 33043 Parcel ID: 00266320000000 FRANCYS M. HELLIESEN 2189 BLOSSOMWOOD DR. OVIEDO, FL 32765-6151 2807 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT ......................................................................................... REGISTERED MAIL RECEIPTS TRACKING .......... Case Number: CERT #: Aola 123-q.Q 0000 GOOD SERVICE: IZ3 -n > NO SERVICE: It ;t , 'o (o _0 ;� 5.-* 0. 8 .5, m (n e!"!" -14- , z (o > Z-6 L-i A 0 FL RZ S3 c- 03 T\a a Q.-. m U) ro r-3 0 CL o w Ul lo CL 01 CL co) :ZC' M 0 z 4 r-3 (.0 m -4 zS-en C3 co -0 CA) 9 C3 ID r-3 00 =r (D 0 (D F C3 co 5j,—m—wri NOW—o " 01j 0 CD Er ch -I- S co �� ra & ON,add foo C3 Helm Rv.)Wpt(tmrdcoy.W) Is. C3 Return Raoalpt.(okmArorl1c) I El 11111:11:11:1 P r-3 El Cartiffad MOM RWdcted Dollvwy $ p pi x� SEror,,1' 2023 W Fc).00.Mco C3 D Mult,'Ronature Rsqoud $.- 2 a m W ElAd"%31griEdura RostArted Dethfary$ m(D a loo TFTOZRO-st-ag-o-a RdTa-,e-s - C3 Fi6l SC 4,2 CD s- LD=L. CD E! ------------ < C3 Q- ................ Z ViOiiii4dfipit-Na, of Q...... 0 m CL n v FL kcr.. CD 0 'NZ rrl CID 0 000 all. 0 g3 72m I�D z , 0 (D 0 2808 County of Monroe The Florida Keys Code Compliance 27 8 O erseas Higha Department apt � �� Mayor CraigBoa rd of Cates, mmC to , oner 1 Marathon,Florida 33050 G ,, Mayor Pro Tern Holly Merrill Raschein,District 5 Voice:(305)289-2810 a Michelle Lincoln,District 2 FAX: (305)289-2858 James K. Scholl,District 3 ' David Rice,District 4 FRANCYS M.HELLIESEN 2189 BLOSSOMWOOD DR. OVIEDO,FL 32765-6151 July 13, 2023 (COO PO Subject: Code Case: CE20010022 Location: VACANT LAND BIGONIA DR., BIG PINE KEY, FL 33043 Dear Property Owner, 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 97 days for a current total of$9,700.00. 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 $478.16 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 $10,178.16 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County Attorney's Office for further action. Respectfully yours, ) Cynthia J. McPherson Sr.Director Code Compliance (305)289-2508 McPlrersorr-C artlia morin-oecotmt -#l. ov 2809 County of Monroe The Florida Keys Code Compliance De artmen Roard of Cotinty Commissioners 2798 Overseas Highway Mayor Craig Cates,District 1 Marathon,Florida 33050 Mayor Pro Tern Holly Merrill Raschein,District 5 Voice: (305)289-2810 Michelle Lincoln,District 2 FAX: (305)289-2858 " James K.Scholl,District 3 David Rice,District 4 FRANCYS M HELLIESEN 2189 BLOSSOMWOOD DR OVIEDO,FL 32765-6151 April 21, 2023 Subject: Code Case CE20010022 Property Location: VACANT LAND BIGONIA DR, BIG PINE KEY,FL 33043 Real Estate No.: 00266320-000000 Dear Property Owner(s), This letter is to inform you that our records indicate that the violation(s)remain on your property and the fines will continue to run in the amount of$ 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 04/21/23, Book 3221,Page 1700.The current amount of the County's lien is$1,878.16(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, I Nicole Petrick, Liaison For questions regarding this letter, please contact your Inspector, Cynthia McPherson 305-289-2508 Mc,Pl7,ers.on.mCynthiaC?mon-roecoun,tv�I.QoY 2810 Doc#2414854 Bk#3221 Pg#1700 Electronically recorded 4/21/2023 at 9:07 AM Pages 6 _ Filed and Recorded in Official Records o. )NROE COUNTY KEVIN MADOK ElectronicallyREC: $52.50 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. FRANCYS M HELLIESEN Case No.: CE20010022 Respondent(s). Subject Property Real Estate Number: 00266320-000000 LIEN 1 FINAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspectors)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/orAunorized Representative was not present via zoom webinar on Janua, 26 202 did not contest the-violation(s) set forth in the Notice of Violation/Notice of Hearing which is Incorporated herein as if fully set forth and attached hereto. (x) The Respondent(s)islare the owners)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s) Ware in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$ 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 ViolationlNotice of Hearing on or before 0410612_023 ("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: 264.tt 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 come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s)shall pa the total amount of cost and/or fines($ )to Monroe County Code Compliance within thirty(30)days of this Order. (x) The Special Magistrate incorporates by reference the allegalion(s)in the Notice of ViolationlNotice of Hearing(attached hereto)and finds the allegation(s)was/were established by the County's WVtitness(es), Evidence and/or Exhibits that were introduced and accepted at the hearing. ( ) Othery Page 1 2811 Doe.#2414854 Page Number: 2 of G In the event of nonpayment of fines and/or costs imposed on Respondent(s),a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violafion or violations exist and upon any other real or personal property owned by the violator. The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and mail to. Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy.,Suite 330,Marathon, FL 33050, IT IS THE RESPONDENTS RESPONSIBILITY TO RE UEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING ODCOMPLIANCE_ A 3 M 06 FOR E UPPER ' 305 -2810 R THE M ODLE KEYS; 05 295343 F R THE LOWER KEYS. DATED this 26TH day of January, 2023. John G. Laningh _ o Special Magi to 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 hereby certify that th' is a true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: CE20010022 Respondent(s) mailing address of record with the Monroe County Property Appraisers Office: FRANCYS M HELLIESEN 2189 BLOSSONWOOD DR OVIEDO, FL 32765-6151 Location of subject property: VACANT LAND BIGONIA DR BIG PINE KEY, FL 33043 Real Estate Number: 00266320-000000 CERTIFICATE OF SERVICE. I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery I first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative NIA on this 27th day of January,2023. V/V A Y40-,�&.41 �4 - Nicole Petrick, Liaison Page 2 2812 Doc.#2414854 Page Number: 3 of 6 County of Monroe ' Code Compliance Department M 2798 Overseas Highways Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: FRANCYS M HELLIESEN Case Number: CE20010022 2189 BLOSSONWOOD DR OVIEDO FL 32765-6151 Location: VACANT LAND BIGONIA DR.,BIG PINE KEY,FL 33043 Re Number: 00266320000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 0110912020 and subsequently found the following violation(s)of the Monroe County Code: 26-4.(b)-VEGETATION IN CANALS THE VEGETATION ON THIS PROPERTY REQUIRES TRIMMING BACK BEHIND THE SHORELINE TO PREVENT FUTURE IMPEDIMENTS TO NAVIGATION. Corrective Action Required: CONTACT THE MONROE COUNTY BIOLOGIST FOR DETERMINATION OF PERMIT REQUIREMENTS. PERMITS AND APPROVALS MAY ALSO BE REQUIRED FROM THE ARMY CORPS OF ENGINEERS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION. UPPER KEYS COUNTY BIOLOGIST 305-453-8730 MIDDLE KEYS AND LOWER KEYS COUNTY BIOLOGIST 305-289-2537 DEPT. OF ENVIRONMENTAL PROTECTION 305-289-7070 ( PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 01/26/2023 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VITA ZOOM WEBINAR.. INSTTRUCTIONS ATTACHED HERETO. (✓I You can avoid attending the hearing if all violation(s) noted above are corrected by 01/18/2023 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing, PETITIONER'S 1 � E � olT`C 2813 Doe.#2414854 Page Number:4 of 6 ( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s) presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the violation(s)have been corrected prior to the hearing. ( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no compliance date has been provided. This case may be presented to the Special Magistrate even if the repeat violation(s)have been corrected prior to the hearing. If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose fines, not to exceed $1.000 per day per violation for a first violation. $5.000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate. 2798 Overseas Highway. Suite 330. Marathon, FL 33050; Phone: (305) 289-2509. Fax: (305) 289-2858, or email directly to Petrick-Nicole a rnonroecoung-41. o , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: h :,"Irnonroecourft 1 e tr uest.com. 1`f °ou are re uestin the case ..:or_ our hearing. v our rea uest should be submitted no less than ten(10)days prior to our scheduled he�ri , You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice. you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement. contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate. you will need to ensure that a verbatim record of the proceedings is made. which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: MCERCwN, THIA Code Inspector PETITIONER'S EXHIBIT 2 l t.� 2814 Doc.#2414854 Page Number: 5 of 6 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305)453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified Mail. Return Receipt Request No.: 7019 1120 0000 6230 91 one g-L"j 1?�A 14,apt 4? �p� 'l lo.to�� 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". PETITIONER% EXHISIT 3 :5 + , 2815 Doc.#2414854 Page Number:6 of 6 Special Magistrate Hearing - January 26, 2023 You are invited to a Zoom webinar. When: Jan 26, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - January 26, 2023 Please click the link below to join the webinar: !Ittps.11mcbocc.zoo..m.us/i/85628754636 Or iPhone one-tap : US: +16465189805„85628754636# or +16699006833„85628754636# 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: 856 2875 4636 International numbers available: htt s: mcb0cc.Zoom.us u kdANfcZYnf FTPETITION HIS 2816 County of Monroe Code Compliance Department , 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: FRANCYS M HELLIESEN Case Number: CE20010022 2189 BLOSSONWOOD DR OVIEDO FL 32765-6151 Location: VACANT LAND BIGONIA DR., BIG PINE KEY, FL 33043 Re Number: 00266320000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 01/09/2020 and subsequently found the following violation(s) of the Monroe County Code: 26-4.(b) - VEGETATION IN CANALS THE VEGETATION ON THIS PROPERTY REQUIRES TRIMMING BACK BEHIND THE SHORELINE TO PREVENT FUTURE IMPEDIMENTS TO NAVIGATION. Corrective Action Required: CONTACT THE MONROE COUNTY BIOLOGIST FOR DETERMINATION OF PERMIT REQUIREMENTS. PERMITS AND APPROVALS MAY ALSO BE REQUIRED FROM THE ARMY CORPS OF ENGINEERS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION. UPPER KEYS COUNTY BIOLOGIST 305-453-8730 MIDDLE KEYS AND LOWER KEYS COUNTY BIOLOGIST 305-289-2537 DEPT. OF ENVIRONMENTAL PROTECTION 305-289-7070 ( *PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 01/26/2023 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. ( You can avoid attending the hearing if all violation(s) noted above are corrected by 01/18/2023 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Special Magistrate even if the violation has been corrected prior to the hearing. 817 ( ) 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 Petrie:-1 icole@mont'oecounti -fl. ov, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: latt s://mo,j,iroeco,unt,yfl.nextre_quest.com. If you are requesting the case file in re aration for dour hearing, your request should be submitted no less Chap ten '10° da s rior to your scheduled hearin,. You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: b MC I � R OI , P- `TH)iA Code Inspector M/l 18 Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above named addressee(s) by Certified Mail, Return Receipt Request No.: 7019 1120 0000 6230 91 oai ��_ i' w _. ..........- ._...... 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". ��111111111��1��rrrrrrrtt 2819 Special Magistrate blearing - January 26, 2023 You are invited to a Zoom webinar. When: Jan 26, 2023 09:00 AM Eastern Time (DNS and Canada) Topic: Special Magistrate Hearing - January 26, 2023 Pllease click the link below to join the webinar: h ml . i !' Or iPhone one-tap : JS: +16465189805„85628754636# or +16699006833„85628754636# Or Telephone: Dial(for higher quality, dial a number based on your current Vocation): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 856 2875 4636 International numbers available: r f i 2820 MONROE COUNTY FL..,RIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE = JQQ 22 ..... ........ .. _. ._. .......... w_........................__ ........... ..__....__ .._ ._..__._.......�� CERT #: jo GOOD SERVICE: CD NO SERVICE: o _ 0 >* o sm m — 0? 3 a _ aso ID coa 0 O 0 ID Se7 I ID NO 0 S— - w _. ary 'w aO N W ID - •re„ ? O m O CD(n — O W vn a"b iww A 7C N • � OEr Er am 0c;11) _— o.�+ !", w N � 0 m t 1 711-1, t v a ru,� A:? y C • f 9mfof 0d d+111 FQ$ f ru u X ✓ a .� —0Cim3 6 as II.II urn lua�uu�� w H vo-�� $. -- Pus nark ��2022 0 0❑0 o❑ o ❑' P 0 g �`N q M UJ I _. 0 ! pau woaaa��c r�ra s cum liaa twme� ........_ a ; r 6 a'' m a� _ . 0 Pay C� _ ra lsbVaaztl9 rov9"a r ;f �"as B rq as m ^. rq .,Eak 't,rrfi� nr CT pp OL .9---------------- .. A M O �." .m, ..mw .�„w nnmawm•m., _ m._ O ❑❑ ❑ ❑❑❑ m i ill' 3 Mcl)co : MMv O m >> ��o C g'3 m � R❑ o o..� = ❑ ❑ M 2821 Henri-Gabriela From: McPherson-Cynthia Sent: Monday, December 30, 2019 10:19 AM To: Henri-Gabriela Cc: Anders-Stan Subject: FW: Eden Pines Canals Attachments: SKVBizhub19121909280.pdf Gabi, Please see map and complaint attached. I am not sure all lots are privately owned. Beth Bergh will take care of the county owned lots. Thanks. CrAla Cynthia J. McPherson, CFM Sr. Director,Code Compliance Monroe County Code Compliance 2798 Overseas Hwy#330 Marathon, FL 33050 (305) 289-2508 McPherson-C nthia monroecaunt -fl, ov HELP US TO HELP YOU! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your email communication may be subject to public disclosure. From:Trevor Wirth [mailto:TWirth@keysso.net] Sent:Thursday, December 19, 2019 9:30 AM To: Bergh-Beth <Bergh-Beth@monroecounty-fl.gov>; McPherson-Cynthia <McPherson-Cynthia@MonroeCounty- FL.Gov> Subject: RE: Eden Pines Canals CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. Hi Beth and Cynthia, I circled the vacant lots at the end of Geranium, Bigonia, and Violet (attached)that really need the vegetation cut back on the canal side. The lot on Bigonia is especially overgrown and interfering with navigation through he canal. I be very thankful if you could have those lots cut back. 1 /` rP m "� wlw uM "" 4 F s • ',1 fir+ r � � 41 ,�..�, ,.':,, ✓a� l r✓r� mG ,�rroa Ak I �' :s nt IX,',1�� „TaN':✓ n as e 1 ry ^��v i �aims AM I I� �Ir I I / r r"w r v I � ' i KK i/o o-" mrvux 4 vi D F � 1 a � � w Iaf II, � 4 I ff q k `rI I r w r� NDI�drC/yry�IarRr�iUiiio�arrriUi//i�r „I rr r�„ ,u:. r, r r,V(uis1,,,1fY;'t�r�r7�i/✓ri)�ro + 1 ahr r n= r f/ ir/ �/ Thanks, Trevor From: Bergh-Beth [rnailto Ber, h-Beth monroeunty-fl,gov] Sent:Tuesday,September 10, 2019 10:12 AM To:Trevor Wirth<TWirth@keysso.net> Subject: Eden Pines Canals Hi Sgt Wirth, I've attached aerial photos of the Eden Pines canals(west of Fern)for your reference. The parcels shown in green hatching are County conservation lands; vacant lots that are not hatched are private property. As we discussed, if any privately owned lots are in need of trimming then the appropriate process is to go through Code Enforcement(Cynthia McPherson) as I can only trim along the shoreline of County property. Let me know if you think any County lots could use trimming. Beth Bergh Monroe County Land Steward 2798 Overseas Hwy,Suite 400 Marathon,FL 33050 phone:305.289.2511 fax:305.289.2854 teem° .h-bet:k )moiiroecotin ,..fl.=,ov i 2824 r JO J � j Y r 9 `0 2 1 CE20010022 VACANT BIGOI+NIA DR - BIG PINE KEY !` AERIAL- 2021 2825 n � a r W u 1M pg N l i i µ 6Mf� i y , � ��ti, �' �' /l�ifl>f�i w ass✓i �� 1� � � ''� '� '� W4, ,,.,ru.,.. o y,1 1%, �.�' r :. E• 1W �uv' <'� ...........�ur CE20010022 - HELLIESEN VACANT BIGONIA DRIVE LOT 9 - BIG PINE INSPECTOR ANDERS - 1/9/2020 J� T p a e CE20010022 VACANT MIGONIA ©MR - SIG PIKE KEY INSP. A. GARCIA - 09/20/2022 2827 r taw wi �a 4o, �� cq AM; . I ra i r� w ' �J1".w All r � l ,tiff s, ill 4 u ..: ri w e; .>., Sw.. ,.. p CE20010022 1ETIT� NER � NIA �R - BIG PINE KEY �//% VACANT' BIGO � � INSP. A. GARCIA - 09/20/2022 " 2828 f Nyx Al" �1 �j f �) Q�ll �N ✓/ ��u'r�/ r ✓r i/ r✓/I tr��✓ f fir' �11 9i1 1 (� �/✓ hd)�� / ✓�' /y/�✓. /, ✓�✓ ✓" % r �f O/,l F�J✓ i � °/ f /ill � i ✓j vr� rt fy��✓ r r�r ,�✓Alfi�� i j✓ °, '�1 f�r�r✓u( �� w�lb 1 �� // /✓�/ r V� l ✓ �� G H ��1�//✓!a i° x 1pi�✓ r' /i i l� k/�� ✓�✓��i � //��a/�✓ �i i � yr�+��l w% �✓� " +; I r y� i r'I��Y1� ! v� 1��✓/r � �i� '✓ �✓ � �r / ✓ l �, / 19i��r i ✓ �, � ��t i ✓��l ��^��li�r%�i �� 1�„� ��„yNiA,rU��' �` �9✓�o �r l' �rd �. i i r %�� i✓jii �✓ ✓r v Aar t � ry r �G r ✓ �''�° /r�f � ✓/ 11 ,� wl�t ,td.n�� ✓tr�m� r6°'. � ��f��u11'�? �; ��✓f vim✓ /✓' ✓1� rf,,jll��/� � � � w�� ✓. "'u✓ �� %�9 ' r r � ✓�✓� �„f✓�� " ,b l 1N � ✓ JJ, J !t a ur i i✓ , � il„ � m °�f wr 'J � 1 ��V S � ✓;i ✓Y i 1� � �� °� � �� im � a'�.4� Y ��i�' i II r„� �� R n rr h�lt�li � i p � ��o/✓r� t; ✓ er � f� r r ;! , I i ��, h Ili r;'' � r �,�,u1 ��✓ r�ky��r� % � , ✓ o � � � u I �� ^ ri a.. I ,I lotl� ✓ �'" i 0 �� ut` ✓ �Pi l r �P J prou��✓r, �0✓17 r Jr g" ✓f�r��,� � � O;W n' w✓ff, e ail,✓ rF, �l n O °gin ��1 � j✓w CE20010022 % ✓✓✓✓✓✓✓✓��j VACANT B I GON IA DR - BIG PINE KEY INSP. A. GARCIA - 09/20/2022 2829 9 1 v g, r ��(f�lllllJl ii/ CE20010022 ET" N IT'S'S VACANT BIGONIA DR - BIG PINE KEY INSP. A. GARCIA - 11/14/2022 d, iil j! i u' CE,20010022 � �� VACANT BIGOIA DR - BIG PIKE KEY INSP. A. GARCIIA - 11/14/2022 r' y��i1 r� I1oi CE20010022 i VACANT BIGONIA DR — BIG PINE KEY INSP. A. GARCIA — 11/14/2022 2832 1 COPY County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE20010022 Date Issued: 5,21 '2020 RED": 00266320-000000 Owner/Tenant; Francys M Helliesen Property Location: Vacant Bigonia Dr Lot 9 Address: 2189 Blossomwood Drive Big Pine Key, FL 33043 Oviedo, FL 32765 This letter is intended to seek your cooperation in bringing your property into compliance without further Code Compliance Action.Our office received a complaint and an inspection of this property reveals violations of the following: Property to be cleaned of Trash& Debris X Property overgrown requires trimming(Vegetation on/near the Canal) Unlawful Disposal Dumping or disposal of any solid waste, or trash and debris Prohibited Signs'Signs Requiring Permits Mobile Vending'Sales form the Right of Way Abandoned Vehicles Trailers Abandoned Vessels Parking:Storage and or habitation of Trucks,Trailers,Travel Trailers and RV's Rights of Way Use or Improvements Corrective Action: The vegetation on this property along the canal requires trimming back behind the shoreline to prevent future impediments to navigation. Please contact the Monroe County Biologist for permit requirements at(305)295-3181. Corrective measures must be taken within 30 days from the date of hand delivery, posting or postmark of this communication. Failure to comply within allotted time may result in a Notice of Violation/Notice of Hearing being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE CODE INSPECTOR below for re-inspection. lssued Posted mailed by: �� Date ,w t�;�,�: In�'��«M V, '� 4 w% Inspector: Stan Anders 305-289-2819 - Please call with any questions 2833 ,u , P �� copy i IN County of.Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE20010022 Owner/Tenant:Francys M Helliesen Date Issued: 10/05/2022 Address: 2189 Blossomwood Dr RE#: 00266320-000000 Oviedo FL 32765 Location: Vacant Lan Bigonia Dr Big Pine Key This Letter Is intended to seek your cooperation in bringing your property into compliance without further Code Compliance Action.An Inspection of this property reveals violations of the following: Property to be cleaned of Trash &Debris&Construction Site Debris Property overgrown requires trimming(Vegetation on/in the Canal) Unlawful Disposal/Dumping or disposal of any solid waste,or trash and debris Prohibited Signs/Signs Requiring Permits Mobile Vending/Sales form the Right of Way Abandoned Vehicles/Trailers Abandoned Vessels Parking/Storage and/or habitation of Trucks,Trailers,Travel Trailers and RV's Rights of Way Use or Improvements Corrective Action:The ve station on this property alone the canal rea nires trimming back behind the shoreline to prevent fultire impediments to navigation.Please contact the.Monroe.County Biolo ist for permi requirements at. 305 289-2 6.1. Corrective measures must be taken within 30 days from the date of hand delivery,posting or postmark of this communication. Failure to comply within allotted time may result in a Notice of Violation/Notice of Hearing being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE CODE INSPECTOR for re-inspection. Please contact your inspector at the appropriate location indicated below. Middle Keys: 2798 Overseas Hwy, Suite 330 Marathon,FL. 33050 (305) 289-2810 Issued/Posted/mailed by:, AG _ ..--- D ate 0S1-a0 Q-. Print Inspector Name: Andres D Garcia Phone: 305-289-2563 Email: Garcia-Andres@monroecounty-fl.gov 2834 Garcia-Andres From: Rosch-Mark Sent: Tuesday, September 13, 2022 2:51 PM To: Bergh-Beth Cc: Garcia-Andres; Christman-Kevin Subject: Re: About Code Case CE20010022/ Parcel ID: 00266320-000000 Andres, Beth is correct. The owner of record, Francys Helliesen, is deceased and her estate must be probated in order to clear the property title for a sale.Although the heir to this particular lot (Linda Helliesen-Miller) made a good faith effort,the estate is unable to complete the probate process, so the Land Authority has rescinded its purchase agreement and will not be acquiring title. Mark J. Rosch,AICP Sr. Property Acquisition Specialist Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Phone: (305) 295-5180 On Sep 13, 2022, at 1:36 PM, Bergh-Beth <Bergh-Beth@monroecounty-fl.gov>wrote: Andres, Mark may add to this response but, FYI—the County is no longer under contract to purchase this property. Therefore, we will not be able to address the vegetation extending into the canal from the privately owned lot. Beth Bergh Monroe County Land Steward From: Garcia-Andres<Garcia-Andres@MonroeCounty-FL.Gov> Sent:Tuesday, September 13, 2022 1:29 PM To: Christman-Kevin <Christman-Kevin@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch- Mark@MonroeCounty-FL.Gov> Cc: Bergh-Beth<Bergh-Beth@monroecounty-fl.gov> Subject: RE:About Code Case CE20010022/ Parcel ID:00266320-000000 Good afternoon Mark, This is a follow up on an old case we have in which we haven't been able to close yet. As of current time, do you know if the County will at the end purchase this property and remove any possible vegetation interfering with canal navigation? Sincerely, I 1 �2835 II,NICDII°IIC:.S C. GAII:i IA COICDIlia: III F ll!CT01't MONROE COUNTY CODE COMPLIANCE DEPARTMENT MARATHON GOVERNMENT CENTER 2798 OVERSEAS HWY.SUITE 330. MARATHON,FL 33050. I:::II:XEp (305) 289.2 63 FAk (305) 289...2858 EIMAIIH ar ,ca an,d,r' (: PIII..EASE NO Fllll:::;:I'll°°IE SIMI"'E 0111::: III LORIIIC;;IA.HAS A All';II"'Y III;lROAD IIIioI.IPLIC REC ORIII':S III.,A "w II OST ^I'ufmIIl' IIOM11IIAI.IIIISIICAIIII I1K')I"S ITII" I 0II11 III (;)M II"IIV+II';'COuIiim ry I III'IGAlll' IIIDIIII'G OUIN'lll"Y I'U INIES!;;AIIIIIII1:I,SU111I IIIC.I"TO IIPI.IIII':'"IIII..III 1111ECOIRDSAVAILABLE III"`O III°IIII'III:I:4.IIII':IIII.J111C AiAlll)MEIIDIA UIII310I4 III'IIII;I UUSIA"".IfOL111II'1 IIII:IAAllllll. C(,')lll"AiI MUI1'�uIIIIII(::AIITIII I�q MAY IB SLII'IIIII'I:C'r"III"°0 I:LIBIII..IIIC III': ISCIII..(:)SURIIE. From: Christman-Kevin < h istman'I(,wj Sent: Friday,July 1, 2022 4:12 PM k@�Mon_roeCountyj'-L.G v>; Garcia-Andres<G rc.i.a..::.To: Rosch-Mark<h�rw�wwYVr M�rr! p �Jrr . IMonr.r� I : !_E. y::u:.11::..:�.�r> .:.. ... Cc: Bergh-Beth<B e �.Bctluk� j'n0r1Ejt� Lpq,!I�N Subject: Re: About Code Case CE20010022/ Parcel ID: 00266320-000000 Thank you all! Hope everyone has a a great weekend!, and just let me know when I'm free to roam around that unit and I can provide a status report as needed. Thanks, Kevin Kevin W. Christman Assistant Land Steward, Monroe County w .. 'ic�uuro e ,.ra�u ui . j ll�:.�jo E-mail: �� :u• tu�:�au:� � :ufl�� ... Work Cell: (305) 394-1030 Office: (305) 289-2511 sch-Mark r@m �grr F� Coy? From: Rosch-Mark<....g _c��nal,y, Sent: Friday,July 1, 2022 4:00 PM To: Garcia-Andres<Ga r ia: A :d -!,scDNorLt OE O L r t >; Christman-Kevin <Q7miJsirnan- L ��y r Il oinrar�eCQUnty.........__ v> Cc: Bergh-Beth<13 h,wBed COUr"It > Subject: RE: About Code Case CE20010022/Parcel ID: 00266320-000000 " "� " � Yes, that is fine with me. Happy 41n 2 r „2836 Mark J. Rosch, AICP Sr. Property Acquisition Specialist Monroe County Land Authority Phone: (305) 295-5180 From: Garcia-Andres<Garcia And r @[V`llor'troeC writ m_±Lmm��a> Sent: Friday,July 1, 2022 3:57 PM mm M��i IUi aa� .rarw � y tt( w(wl..Gov>; Christman-Kevin<Ch�h_r�str naafi.:::: To: Rosch-Mark<Rosch mPa,n. ILYLn0til—Ao l goo > Cc: Bergh-Beth <5 bbir ��n.�r„��t�M �rnnnrnn't'2 r era � ��. i4 .a > Subject: RE:About Code Case CE20010022/ Parcel ID: 00266320-000000 Hi Mark, Thank you for reaching out, I understand that title processes are lengthy when there are issues involved. I can check again in 30 days if is ok with you. Thank you for checking with Mark, Kevin. Have a great 4th of July weekend to you both. Sincerely, ANDRE.S U, GARCIA ODE INSPEaOR MONROE COUNTY CODE COMPLIANCE DEPARTMENT MARATHON GOVERNMENT CENTER 2798 OVERSEAS HWY.SUITE 330. MARATHON,FL 33050. OIFHCE, (305) 289-2563 FANS: (:, 05) 289 2858 EMAIL_ .Mcr ..mCn res n c, untyk t,g 1'wIII..I11EASII: U�I'Om1"'E:"III III NIII';I SI""Al111l' U„UIII III II U:'UIRIIIDA HAS A VERY I° ROAIII';)141PI..IIIC 1°'(III'k0R1III)S I AW. mosr WRII..I LIE'. C0IIIS1M!tlNICA III IOIIIS S I(,)OR III POIIIAII I I 1E SOI.IN"III Y IISIII';ISmAIIIUI)IIIISG COI.11IN III Y BI)sINESS AJISIII';I SIUIICSII*1"T.I.O I111,1UI3III..1 II11II';(mOIISIIIIS AAAIIIIII,.AIISIII..III''m TO S"1°°IIIIII';I 1111)BUC ANEP ME1'UIIIA I.IIII')OIIIS II[:t1EQEIIII'ISE",YOUR 1EM AJIIIII..S0IIMIA1I.II ICAilf ION LAMAS III13E SEU1:'I'.UIECT°'SO 1°1III11'LAIC IIfU1SS;I..OSIM.UIIIIE. From: Rosch-Mark<Rosch-Mad( 4 Mo-i'r roe oLt jty-FLL.3)p Sent: Friday,July 1, 2022 3:47 PM C rl nm re cnu tVrFL ®mv>h wITimS ew 1,1110e IT a uar;s _1 'Go r y>; Garcia-Andres< .... aircia d Cc: Bergh-Beth <B r p tip r ir'oj r r�rgnt tl )y> Subject: RE: About Code Case CE20010022/Parcel ID: 00266320-000000 Hello Kevin and Andres:. Yes, the Land Authority has a contract to purchase Parcel ID 00266320-000000 but the transaction has not closed yet due to problems with the property title. Andres, would it be possible for you to put this on hold for another week or two while we try to get it the title problem resolved? Mark J. Rosch, AICP Sr. Property Acquisition Specialist Monroe County Land Authority Phone: (305) 295-5180 From: Christman-Kevin <0wiristrnar Ke irr fi�I� cLLir LL� try J ly 2 > Sent: Friday,July 1, 2022 3:06 PM To:Garcia-Andres<Gar 6a. AndresL(+6 mr�)LCcarrn I C , nra > Cc: Bergh-Beth<I do.:.:E r IIu c rwor d a a sra: .-0 f a) >; Rosch-Mark<C e:SCC 'J i rda l I rii�rt crimp. . FL.Cov> Subject: Re: About Code Case CE20010022/ Parcel ID: 00266320-000000 Hello Andres, Regarding a code complaint on this lot, I am not sure.According to what I go off of in the field,it appears to be privately owned.This is the first time I've heard anything about this lot. Mark, are you aware if this unit(Re# 266320) is currently on our radar to be purchased for conservation? Thanks all, Kevin Kevin W. Christman Assistant Land Steward, Monroe County E-mail (;::lai_ist�ii,ri;i 1< vi:i@1 oi-iii-oe �a�r,u w1 I.w. ..r : Work Cell: (305) 394-1030 Office: (305) 289-2511 From: Garcia-Andres<Garcia-Andre_ws@ir M .�m°rn o FmW mu art AFI o > Sent: Friday,July 1, 2022 1:45 PM To: Christman-Kevin < Ilrr istfnan emvrlmum r Y mlrm t rrr�ty (9 .0 > Cc: Bergh-Beth<B+ gLi-. ft r�rgrrr°o e L Li rJ'Cy it t qy> Subject:About Code Case CE20010022/ Parcel ID: 00266320-000000 Greetings Kevin, This code case is about a vacant lot located at the end of Bigonia Dr in Big Pine Key(property records attached for better reference): I am doing a follow up on an old case we have in which we haven't been able to close yet. Reason for it is because this case is about vegetation growing into the canal affecting safe navigation. Case records show that this property is (or was I am not sure yet) in the process in being bought by the County for conservation purposes and to trim any vegetation extending into the canal. Do you have any pending purchase records of it? If yes, can you provide us a status? Thanks in advance and happy 4tn of July weekend. r CODE 11IYS,z1croi41 MONROE COUNTY CODE COMPLIANCE DEPARTMENT MARATHON GOVERNMENT CENTER 2798 OVERSEAS HWY.SUITE 330. MARATHON,FL 33050. EIII g rd w dr §1lLi il,E� 1�a1urlro p_ P111.I111:: SE IN()II1.1":..1..1111111;I;IU"III' "m 0111 1 ImU 111111 A 11AS A VIE111111Y 111U1111 1J11'1 IINJI)LIC Ftl:IICORIDS 1.. 1I . MOS"'VI"1 1111'1III I...I EIII OMV1 IIIwIN11111 A11111I)IN rO 01111 Fllf'Io1"1"1"11111'II;COUINIY 1111I','G ,1°DIIING COUNr'V I:'U I III';I;11S ARE SUBJECT 1110 ICI B1111..I 1UI:1"0111111DS AVAII ABLE C"I"'1 III I111:1 P UBLI1IIC AND I IIE1111I)III UPON 11.1111Q1UIIIII:Sr.YODU11111 EMAIL 111s111UNIICA1111.10I" MAY BE SU 111';UU1'HCT 1"' U 94JI1111311C III11SCII1.. SI)1111'11111E. 2839 1/18/24,6:00 PM gPublic.net-Monroe County,FL-Report:00266320-000000 Monroe County, FL Disclaimer The Monroe County Property Apppraiser"s office maintains data on property within the County solely for the purpose of fulfwff ing its rYspor�sibillty to secure a Lust vaquatlola for ad valorem tax tarposes of all property within the County.The Monroe County Property Appraiser's of°°C oe oannot guarantee its aeeul°acy for any other purpose.Likewise,data provided regarding one tax year may not be appplicab in pI°ior or subsequent yt.ars.By requesting such data..,.you hereby understand and agree that the data is intended for ad vakor'eM tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00266320-000000 Account# 1337960 Property ID 1337960 MillageGroup SOON Location Address VACANT LAN BIGONIA Dr,BIG PINE KEY Legal Description BK 6 LT 9 EDEN PINES COLONY P134-158 BIG PINE KEY OR404-157E OR460-781 OR1167-998DC QlNante.INcrl:4'a7 Ihya^.4,uaax:nl cairn Ilrpl;,,all rclowmr;ulrfs.) Neighborhood 635 Property Class VACANT RES(0000) Subdivision EDEN PINES COLONY Sec/rwp/Rng 15/66/29 Affordable Housing No r Fro r✓,r� i�J vJ,c,�ri�i'ruir��;�fre 1337960-20160129 Owner HEL9..IF..SEN FRANCYS M 2189 Blossomwood Dr Oviedo FL 32765 Valuation 2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values + Market Improvement Value $0 $0 $0 $0 + Market Misc Value $0 $0 $0 $0 + Market Land Value $59,795 $67,269 $44,846 $44,846 = Just Market Value $59,795 $67,269 $44,846 $44,846 = Total Assessed Value $33,705 $30,641 $27,855 $25,323 - School Exempt Value $0 $0 $0 $0 = School Taxable Value $59,795 $67,269 $44,846 $44,846 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $67,269 $0 $0 $67,269 $30,641 $0 $67,269 $0 2021 $44,846 $0 $0 $44,846 $27,855 $0 $44,846 $0 2020 $44,846 $0 $0 $44,846 $25,323 $0 $44,846 $0 2019 $34,382 $0 $0 $34,382 $23,021 $0 $34,382 $0 2018 $20,928 $0 $0 $20,928 $20,928 $0 $20,928 $0 'tlhe Max!imnunI'durt.alkrlilikyismiesflmaaeonu yadndn11'uo0duioaa�tIdeireiiede upon astl1lueartua11 poi[aalbilloo.r/amount.r.asuulact:our Office&.ab?rc.Ks,the rarrival POI 0alblllkyc+u'rouar'iu:,. Land Land Use Number of Units UnitType Frontage Depth RESIDENTIAL CANAL UNPERMITTED(01CM) 7,666.00 Square Foot 0 0 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 2/1/1970 $2,600 Conversion Code 460 781 Q-Qualified Vacant View Tax Info View Taxes for this Parcel Photos 284 hops://gpub]ic.schneidercorp.com/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4&PageID=7635&Q=1387881066&KeyValue=0026632., - 1/18/24,6:00 PM gPublic.net-Monroe County,FL-Report:00266320-000000 � ��.of a ✓'e it JM a'�u V 733796g4019012p Map YY� rr TRIM Notice Ii No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge). GEOSPA�7IIAL LB,�¢�,Pe,,v,ryP�Nfcy i�f�I�ht,F'u'uwr�wtk"tl�rYur«� k.,ss;Q�fid7t�N7tl�a�� 1J.1ld �x,a��'D;'��lep'�r' htt s:// ublic.schneidercor .com/A lication.as x?A ID=605&La erlD=9946&Pa eT eID=4&Pa eID=7635&Q=l387881066&Ke Value=0026632. 284� P qP P PP P PP Y 9 Yp 9 Y -.- c , ( " 11 1 a nn st("(" 1� ,C vTi o rij r o e C o u rij ty �ax C o e c to j" NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 1337960 100H 1337960 HELLIESEN FRANCYS M 00266320000000156629 2189 Blossomwood Dr VACANT LAN BIGONIA Dr Oviedo, FL 32765-6151 BK 6 LT 9 EDEN PINES COLONY PB4-158 BIG PINE KEY OR404-157E OR460-781 OR1 167-998DC Fl�riar Year(s) lF e IDue TAXING AUTHORITY TELEPHONE ASSESSED VALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 59,795 0 59,795 1.0980 65.65 SCHOOL LOCAL BOARD 305-293-1400 59,795 0 59,795 1.7980 107.51 GENERAL FUND 305-292-4473 33,705 0 33,705 0.8923 30.07 F&F LAW ENFORCE JAIL 305-292-7017 33,705 0 33,705 1.7880 60.26 HEALTH CLINIC 305-293-7500 33,705 0 33,705 0.0388 1.31 GENERAL PURPOSE 305-292-4473 33,705 0 33,705 0.1765 5.95 MOSQUITO CONTROL 305-292-7190 33,705 0 33,705 0.4344 14.64 M C LOCAL ROAD PATROI 305-292-7017 33,705 0 33,705 0.3118 10.51 SFWM DIST 800-432-2045 33,705 0 33,705 0.0948 3.20 OKEECHOBEE BASIN 800-432-2045 33,705 0 33,705 0.1026 3.46 LOWER&MIDDLE KEYS F 305-292-4473 33,705 0 33,705 1.6932 57.07 EVERGLADES CONST PR, 800-432-2045 33,705 0 33,705 0.0327 1.10 AD VALOREM TAXES: 8.4611 $360.73 k',",'3hiJL EKMIR'ESS SCAN T(') PAY(',)MJNL' LEVYING AUTHORITY TELEPHONE UNITS AMOUNT NON-AD VALOREM ASSESSMENTS: $0.00 mu 22N "Aoirijiroe Couirilyllax CoHectoir 1337960 )O 3 3 29, WI!551`� 33('111113 3 3 29 305 295 5000 �III�)AY 0IIV 0IIV 0 1 1 IIV I IONIC,) El Nov 30,2023 4% $346.30 HELLIESEN FRANCYS M El Jan 09,2024 3% $349.91 2189 Blossomwood Dr Oviedo, FL 32765-6151 F-1 Jan 31,2024 2% $353.52 El Feb 29,2024 1% $357.12 Mar 31,2024 $360.73 1I:"IL..III::::ASII::::: MAKI::: lllll:::::11,11<S II!'AYA11:311 ll::::: I O! :: :: ::::: 0 111 11311,11::ASI::: 11)0 N0 T W11111 T ll::�ll::11:1-ow T HIS 11,111114111 SAIM S I ll:::ll:::11 ll:::, �AX 0 11 11 ll �J's" lj �JljjSjjls 011S11 y 1 01337960 2023 1 2842 EWFIGIRTAMT~ FILEASINREAD~ IMSTRUCTIGMS NNEDENFURIMATIGM 1. |f you have sold the real pmmpemtydeaoribedonthiannUoe. p|eaaeaendthianotioetothenevvovvnenaorreturnIttothe TaxOoUector'eOHinaimmediae|y |f you sWdMeWrioldUe pemmw&Upiroperty, but were theovvneronKnuary1siofdie tax year, you are reaponaib|e for thetax 2. Please the descriptionofthe property If any errona in thedeaoription are found, nothythe PropertyAppmsiaer as eoonaepoee|b|e TMenotinamovere taxes forthenaendaryear. JanuaryIthroughDenember@tofthe yew rindinaledon thefmnt @ Discounts for ear|y payment have been momputed for you on the bottom of this notice P|eaee pay on|y one amount �nhedu|eof 4% in @% in Denember 2% inJanuary 1% in Fe�ruary Diaoounta are determinedbypoetmarhofpayment 4 Taxes me delinquent Apri| 1at Formmal estate taxes,a@%minimummandatorynhargeieimpoeedonApri| I and anadveii tieingnhargeie added duringplay Tax sale oertifioa0oavvi|| be sold onaU unload amount onorbefore June 1 reau|tinginodditioScharges For &mmgil)&mparmonal pmmpemyMxe% intereetamcrueeaH I/256 per month plus who Ueing andfeee Fax warranteW||be Issued ona|| unpaidperaond property taxes |fthepoetmarhindinateeyouqoayment was mai|edonorafherApri| I (de|in�uentdate).theamountdueiedetermined�ythe dateyourpaymentieRECFlVFDbytheTaxCo||eotor 5. |fpayingbymmail. p|eaaekeep the top portion ofthieii|| a|ong win yournanne|ednhenh P|eaeenote. yourtaxeearenot ^paid'' unti| yournhenhn|earethebanh 6. hmpomant Dates toRemember� PriortoVlarnhI Fi|eany new emomptioneWithPropertyAppraieer 01arnh31 Dead|ineforTaxDeferrdIApp|i��ion 01arnh 31 Last day fortax paymentWithout intenaet AN @O Dead|inefornew app|inationeto inetaUmentp|an �ovenNer Tax JiUemw|ed o CNUedmr Reneivee tax ro||fromthePropelyAppraieer. pnapan��s and ms|e tax notimae. and no||ents taxes and aeeeeemeints based on |nformation maii tified bythe Prope ly Appraieer and other |evying authoritiee The TaxOo||entor'e OHinenan be reanhed by na||ing(@)5) 2g5-5OOO o Property AppirdIseir Assesses propertyva|uee; determineeexemption% maintainener tied owner nameeand addreeeee. addreeen ranges and |ega| andnehfieethenounty-widetaxro||totheTax he Appraieer'eOf�ine can �e reanhedDyna||ing(@)5) 2g2-@42O o Lwyhng AuMwkles Reeponeib|efordeterminingadva|oremmi||ager Wes and non-adva|orem assess; entr Wes fortheirreepentiveboundariee Foradetai|ed |ietofaU |evyingauthor des and Men rreepentivemontacinformation. phase Oil www monii con in and the^TaxingAuthor dies" |inh "Thank you for the honor to serve as your Tax Collector" - w��° �? =�--.~ ��. .5&~&C ° Phase detachandreturn Mils Dot8zmpat w|thyourpayment ° II'artliall II'apnment Affildavilt TNo|o1ooarl|fy Met |w|oh1omakepaidia| paymentoonthecurnent yea; AdVa|onem Fax and Nan AdVa|onemAsoemomen�tax bU|, aoaUmmed by F|o�da GlatAe 197274. Arthe property |dent0ed on the had ofth|o bUi | agnee10 and understand the fo||owing ° Parlia| paynwntomaybeaccmpledto cmrrertyear taxes orilly N��tmeenNovemlNer1*and Manchi31*, ° Nod|ocount|oaUomedfnrpait|a|paymento ° A$1Opmomoo|ngMewU| bededucledhmmeachpaMa| payment ° It!is myneopono|IDU|ty1oaoomii ta|ntheIlDa|anoadue ° Noaddbona| tax WU|owU| bemaUedemmptthenem|ndernckm per rFG.1g7343 ° Anynema|n|ngba|anoaaoof Ap | 1*|o console neddeUnquent and ou00010 all appUcalb|epenalt|eoandfi�x�o. |nwh|cha�ox cerflficoue could besold, Toxpoyer'a8ignouure Doue G|gnandii rn Mils poii t|onw|thyourpayment 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 2844 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 2845 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 2846 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 2847