Item Q06 Q6
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
July 17, 2024
Agenda Item Number: Q6
2023-2560
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Authorization to initiate litigation against FLOYD BOUCHER&
JENNIFER BOUCHER and their property, 645 La Fitte Rd., Little Torch Key, Florida, to seek
compliance with the County Code and enforce the lien(s) arising from code compliance case number
CE22110033.
ITEM BACKGROUND:
CE22110033: This property has been the subject of a code compliance case for building permits
required for siding (not compliant). The fines total $34,400.00 as of May 15, 2024 and will continue to
accrue at $100.00 per day, until compliance is achieved.
A hearing was scheduled for February 23, 2023 and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of June 5, 2023. The
County's lien was recorded on June 8, 2023. A subsequent hearing was held on January 25, 2024 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 of the property at $1,082,275. The
property is not homesteaded and there are no pending foreclosure actions at this time. There is a
mortgage in the amount of$832,500, 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
4795
writ of execution;
2. Allow the liens to remain against the property owner, the subject property and any other property
owned by the property owner; and/or
3. Release the lien.
County staff recommends initiating litigation (option 1) against the property owners for injunction,
foreclosure, money judgment and/or writ of execution.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure
to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate
injunctive relief for non-compliant properties, foreclosure and/or money judgment actions for collection
of unpaid fines and/or costs from a property owner.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
AIS Supporting does CE22110033 Eoucher.pdf
Resolution 057-2014 LIEN PROCESS.pdf
FINANCIAL IMPACT:
148-50001 Growth Management Admin- $2,500.00
4796
A
1 ,
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.: CE22110033
FLOYD BOUCHER &JENNIFER BOUCHER, )
Respondent(s). )
)
ORDER AU'I'HORIZING FORECLOSURE AND/OR MONEY JUDGMENr"
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 ' da of uuarM 2024, at the Marathon
Government Center, Marathon, Florida.
m� fix. Vat aning ati
SpD e a strater
CERTIFICATE OF ORDER
I hen ' certify that"pis 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. 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
6za=;
r r 024.
Nicole Petrick, Liaison
4797
MONROE COUNTY CODE COMPLk._.10E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE22110033
Property Location: 645 LA FITTE RD., LITTLE TORCH KEY, FL 33042
Parcel ID: 00218290000000
FLOYD BOUCHER &JENNIFER BOUCHER
10900 MCKEIGHAN RD.
SAINT CHARLES, MI 48655
4798
BRIEF FOR FLOYD BOUCHER AND JENNIFER EOUCHER — CE2211.0033
MOTION FOR COLLECTIONS 1/25/2024 0
hftps:/Imcesearch.monroecounty-fl.gov/code/CE22110033 00y"i
Monica Rodriguez tab/ 0
pc,. t Jd
Research Analyst - Monroe County , I4
Subject Property —645 LA FITTE RD., LITTLE TORCH KEY, FL
Violation(s):
6-100— permits required — permit(s), approval(s), and all inspections are required for
the siding (any new construction and remodeling work of principal and accessory
structures) (permit#22101727 expiripd; not compliant)
• Property is not in compliance
Lien was recorded in the Official Records of Monroe County on 6/8/2023, Book 3229,
Page 150 and remains unpaid.
0 Lien $22,576.31 as of January 12, 2024
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 12/1/2023 to address on
PRC. Return receipt was received signed.
PO has been in communication with Research Analyst M. 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.
4799
BEFORE Thr: CODE COMPLIANCE SPECIAL N.AGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE22110033
FLOYD BOUCHER& JENNIFER BOUCHER, )
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 June 8, 2023, Book 3229, Page 150
on the property that was the subject of the code compliance action described as: 645 LA FITTE RD. LITTLE TORCH
KEY,FLORIDA 33042,MONROE COUNTY,RE#00218290000000,and upon any and all other real and/or personal
property you own. The current outstanding amount of the County's lien as of November 15, 2023 is$16,776.31 (fines
and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered
on January 25,2024 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 1 ATTEND VIA ZOOM WE IINAR. INSTRUCTIONS ATTACHED HERETO.
Kelly M. Dugan _
Assistant Courlty ttorney
Fla. Bar No. 105870
I"�u A 11 w�Ail M�nn(oLtnty 1,(Cioy
1111 121h Street, Suite 408
Key West, Florida 33040
(305)292-3470
CERTIFICATE OF SERVICE
I hereby certify that on this I day of b C(-Crib-0e , 2023 a copy of the foregoing was furnished to
0 000 `1
Respondent(s)via Certified Mail, Return Receipt Request No. -10I Q�4 911 451 to
_
10900 MCKEIGHAN RD. SAINT CHARLES,MI 48655.
Code Compliainnimodations
epartment
ADA ASSISTANCE: If you are a person with a disability who needs specia 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".
4800
Comity of Monroe
The Florida Keys
Code Corcaa littraa;e tie arrtmcrtt /0
(f ,w Board of County commissioners
2798 Overseas Highway Mayor Holly Merrill Raschein,District 5
Marathon,Florida 33050a „i, Mayor Pro TernJames K. Scholl,District 3
Voice:(305)289-2810 i "�;, Craig Cates,District 1
FAX: (305)289-2858 Michelle Lincoln,District 2
� David Rice,District 4
FLOYD BOUCHER&JENNIFER BOUCHER
10900 MCKEIGHAN RD.
SAINT CHARLES,MI 48655
November 15, 2023
Subject: Code Case: CE22110033
Location: 645 LA FITTE RD., LITTLE TORCH KEY, FL 33042
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
January 25,2024 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 WEB;IN Ali. 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,
a�-
Monica Itocla•ig, ATM'
Code Compliance Research Analyst 305-289-2586
l aa_lrj,gtacz nonaca` monroecountN .
4801
You are invited to a Zoom webinar.
When: JAN 25 2024 9:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Dearing — JAI UARY 25, 2024
( lease click the link below to join the webinar:
Or iphone one-tap :
U!S: +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:
.
It will greatly help if when you log into Zoom that you use your full legal name. (Please do not abbreviate
or use a nickname).Once your case is called,please use the"Raise Hand"feature via the Zoom application.
This will let our webinar administrator know to promote you to"Panelist"so that you can speak and show
video.
Please note this hearing starts at 9:00 am and there is generally no "time certain" for your case to be
heard. Please plan your day accordingly. However,we ask that you log in at the start of the hearing,so we
know that you are present. Cases are called randomly and not necessarily in the Order of the agenda. We
ask for your patience as we do generally have a lot of cases to be heard.
4802
MONROE COUNTY CODE COMPLIA,,..:E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE22110033
Property Location: 645 LA FITTE RD., LITTLE TORCH KEY, FL 33042
Parcel ID: 00218290000000
FLOYD BOUCHER &JENNIFER BOUCHER
10900 MCKEIGHAN RD.
SAINT CHARLES, MI 48655
4803
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL RECEIPTS TRACKING
Case Number: CE22110033
CERT #:
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4804
County of Monroe F 1Y
The Florida Keys
r
Code(,'ornplian a Department � Board of County Cortrmissiquers.
2798 Overseas Highway `��✓.� Mayor Craig Cates,District 1
Marathon,Florida 33050 ,, ;y 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
T _ David Rice,District 4
FLOYD &JENNIFER BOUCHER
10900 MCKEIGHAN RD
SAINT CHARLES,MI 48655
Aug 22, 2023
Subject: Code Case: CE22110033
Location: 645 LA FITTE RD LITTLE TORCH KEY,FL 33042
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 77 days for a current total of$ 7700.00.
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 $ 576.31 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$ 8,276.31 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,
t� akk
Janice Hall
Sr Code Compliance Inspector
305-289-2591
4805
County of Monroe
e Florida Keys
CodS CompliangS De artmenrt posEd l amn C mmtoission rs
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
FLOYD BOUCHER&JENNIFER BOUCHER
10900 MCKEIGHAN
SAINT CHARLES,NH 48655
June 8,2023
Subject: Code Case CE22110033
PropertyLocation: 645 LA FI ,LITTLE TORCH KEY,FL 33042
Real Estate No.: 00218290000000
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 06/08/23,
Book 3229, Page 150. The current amount of the County's lien is $ 776.31 (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 Ibcation.
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,
Janice Hall 305-289-2591 Hall-janicy cty 1 � y
4806
Doc#2420978 Bk#3229 Pg#150 Electronically Recorded 6/8/2023 at 10:45 AM Pages 6
Filed and Recorded in Official Records of 1V1'-vROE COUNTY KEVIN MADOK
ElectronicallyREC: S52.50
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
VS.
FLOYD BOUCHER&JENNIFER BOUCHER Case No.: CE22110033
Respondent(s), Subject Property Real Estate Number: 00218290-000000
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/car Authorized Representative MARK CHANDONNET CONTRACTOR WITNESS ONLY
was present via zoom webinar on February 23 2023 did contest the violation(s).set torch In the Notice ofViolation/Notice of
Rearing which is incorporated herein as if fully set forth and attached hereto.
(x) The Respondents)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
x In the event0 the violation(s)on s were or are not THE COMPLIANCE DATE").
(x) ( ) corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
6.100.a. S 100.010
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 pay the total amount of cost and/or fines($ )to
Monroe County Code Compliance within thirty(30)days of this Order.
(x) The Special Magistrate incorporates by reference the allegation(s) in the Notice of Violation/Notice of Hearing (attached
hereto)and finds the allegation(s)was/were established by the County's Witness(es), Evidence and/or Exhibits that were
introduced and accepted at the hearing.
{ ) Other:
Page 1
4807
Doc.#2420978 Page Number: 2 of 6
In the event of nonpayment of fines and/or costs imposed on Respondent(s), a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other
real or personal properly owned by the violator. The Count may institute foreclosure roceedings if the lien remains unpaid for
three months and/or may sue to recover money judgment Z r the amount of the lien p rus accrued interest. Please make checks
payable to Monroe County Code Com�ppliance and maul to: Monroe County Code Compliance„ Attn: Office of the Liaison, 2798
Overseas Hwy.,Suite 330, Marathon, FL 33050.
IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTItON TO DETERMINE WHETHER THE
PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT 3(}5 463.8806 FOR THE PER KEYS° 345 28g•2t IU
POR THE MIDDLE KEYS 302.5.4343 FOR THE LOWER KEYS.
DATED this 241h day of F'ebruarL 2021
w
Joh a nirt m, I istrate
4
APPEAL PROCEDURES
Respondent(s)shall have 30 days from the date of the loregoing 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 here certify that this i a true and correct copy of the above Order.
Nicole Petrick, Liaison
CASE NUMBER: CE22110033
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
FLOYD BOUCHER &JENNIFER BOUCHER
10900 MCKEIGHAN RD
SAINT CHARLES, MI 48655
Location of subject property:
645 LA FITTE RD
LITTLE TORCH KEY, FL 33042
Real Estate Number: 00218290-000000
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 N/A on this 241h day of February
2023.
,.
Nicole Petrick Liaison
Page 2
4808
Doc.#2420978 Page Number: 3 of 6
County of Monroer
Code Compliance Department -` r
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION
/NOTICE OF HEARING
To: FLOYD &JENNIFER BOUCHER Case Number: CE22110033
10900 MCKEIGHAN RD
SAINT CHARLES MI 48655
Location: 645 LA FITTE RD , LITTLE TORCH KEY,FL 33042
Re Number: 00218290000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 1 1/18/2022 and
subsequently found the following violation(s) of the Monroe County Code:
6-100.(a) -PERMITS REQUIRED
PERMIT(S), APPROVAL(S), AND ALL INSPECTIONS ARE
REQUIRED FOR THE:
1. SIDING (ANY NEW CONSTRUCTION AND REMODELING
WORK OF PRINCIPAL AND ACCESSORY STRUCTURES).
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 INSPECTION(S).
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate
in the above case on 02/23/2023 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 EBINAR.
INSTRUCTIONS ATTACHED HERETO.
PEEEXHIBIT
S
4809
Doc.#2420978 Page Number: 4 of G
( You can avoid attending the hearing if all violation(s) noted above are corrected by 02/15/2023
and you have contacted your inspector. If a violation is corrected and then recurs,or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the violation
has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety,and welfare or is irreparable or irreversible in nature,
therefore no compliance date has been provided. This case may be presented to the Special Magistrate
even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU
AND YOUR PROPERTY.
You may appear and/or be represented by an attorney or authorized agent. If you are represented by an
attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special
Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax:
(305) 289-2858, or email directly to Petrick-Nicole@monroecount% Il.goN, prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
litti),,://iTioni-oeCOLint\il.nexti,e,lLiest.com. c u„are requestin . jje ease file rn tares ration foa . .r ul°
l�earin °our re oast should.b submitted no less than ten 10 da s 7-ior to ot�r schedt,�led hearing.
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s)exist as alleged in this Notice, you may request a Stipulation Agreement
in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code
Inspector listed below at least five (5) business days before the date of the hearing. A request for a
Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you
contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure
that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon
which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's
Final Order.
PETITIONER'S
I EXHIBIT
3 1
4810
Doc.#2420978 Page Number:5 of 6
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 loc Lion:
H , JANICE
Sr Code Inspector
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s)by Certified Mail.
Return Receipt Request No.: 7018 0360 0000 4982 4640 o ,.- t� .9_' ,.,
i Oy
Code Compliance µDepartment- ^
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'S
EXHIBIT
3
4811
Doc.#2420978 Page Number:G of G
Special Magistrate Hearing - February 23, 2023
You are invited to a Zoom webinar.
When: Feb 23, 2023 09:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Hearing - February 23, 2023
Please click the link below to join the webinar:
htt s: mcbocc.zoom.us ' 83010163976
Or iPhone one-tap :
US: +16465189805„83010163976# or
+16699006833„83010163976#
Or Telephone:
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current location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar ID: 830 1016 3976
(International numbers available:
htt s: mcbocc.zoom.us u kcxdfk Sa
FTPIT1100 ER9SOXHIBIT
l
4812
County of MonroeFOR
a
Code Compliance Department p
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION .......— . ... .....—
/NOTICE OF HEARING
To: FLOYD & JENNIFER BOUCHER Case Number: CE22110033
10900 MCKEIGHAN RD
SAINT CHARLES MI 48655
Location: 645 LA FITTE RD , LITTLE TORCH KEY, FL 33042
Re Number: 00218290000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 11/18/2022 and
subsequently found the following violation(s) of the Monroe County Code:
6-100.(a) -PERMITS REQUIRED
PERMIT(S), APPROVAL(S), AND ALL INSPECTIONS ARE
REQUIRED FOR THE:
1. SIDING (ANY NEW CONSTRUCTION AND REMODELING
WORK OF PRINCIPAL AND ACCESSORY STRUCTURES).
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 INSPECTION(S).
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate
in the above case on 02/23/2023 at 9:00 AM at the Monroe County Government Regional Center,
2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY ON NERS WHO WISH TO
PARTICIPATE IN. THE HEARING, SHOULD ATTEND V:IA. "BOOM '1 EBINA ,.
INSTRUCTIONS ATTACHED HERETO.
� 1 01
� 1
" 4813
( You can avoid attending the hearing if all violation(s) noted above are corrected by 02/15/2023
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the violation
has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature,
therefore no compliance date has been provided. This case may be presented to the Special Magistrate
even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU
AND YOUR PROPERTY.
You may appear and/or be represented by an attorney or authorized agent. If you are represented by an
attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special
Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax:
(305) 289-2858, or email directly to 11c u-!"c k,-,,,NljcoIet��5w, �m�mm ra�����. CI �� � �, prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
http..:.'/ A� a�� c ,ron�f`Lr�extrecu��t ° �u�. If you are requesting the case file in ir�ion for our
hearine. vour rea uest should be submitted no less thin test ll1 da s rior to ouz„scheduled he�a'in .
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.
..... `
-4814
''` '1
e a
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
needito attend the hearing(s). Please contact your inspector at the appropriate loc .moll:
1-1 A JANICE
Sr Code Inspector
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s)by Certified Mail,
Return Receipt Request No.: 7018 0360 0000 4982 4640 0 _ o
r
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
481' 5
Special Magistrate Hearing - February 23, 2023
You are invited to a Zoom webinar.
When: Feb 23, 2023 09:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Hearing - February 23, 2023
Please click the link below to join the webinar:
htt s� c. 3 1
Or iPh�one one-tap :
US: +16465189805„83010163976# or
+16699006833„83010163976#
Or Telephone:
Dial(for higher duality, dial a number based on your
current location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar ID: 8301016 3976
International numbers available:
°fit s: III ° IIII
Xr ,
4816
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
REGISTERED MAIL
RECEIPTS
Cram l imt Number:
Cr
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GOOD SERVICE:
NO SERVICE:
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20 �4817
N,—AROE COUNTY CODE COMPLIAi E
AFFIDAVIT OF POSTING
CASE: CE22110033
INSP: HALL, JANICE
I,
Monroe County Code Compliance, declare under penalty of
perjury, that I p sted the property owned by: BOUCHER FLOYD & JENNIFER , described as 645 LA FITTE
RD , LITTLE TORCH KEY, FL 33042 having the property RE* 00218290000000 with the Notice of
Violation/Notice of Hearing for this case with a Hearing Date of 02/23/2023 .
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: Time:.
Plantation Key Courthouse— 88820 Overseas Highway, Tavernier, Florida
Date: Timer
Si n�Lure:
Sworn to and subscribed before me this day of 2023.
LISAS.MIARSHALL
MY COMMISSION#HH 070328
Notary Public, State of Florida
EXPIRES:December 8,2024
Bonded Thru Notary Public Underwriters
CERTIFICATION OF MAILING:
Monroe County Code pliance, declare under penalty of
perjury, that I mailed a duplicate copy of the above-mentioned tice vm First Class Mail to: BOUCHER
FLOYD & JENNIFER , 10900 MCKEIGHAN RD , SAINT CHARL S, MI °
Si nature:
Sworn to and subscribed before me this day of 2023.
5 Nota Public, State of Florida
a a JAMIE L GR05 y
Notary Public-state of Florida
Commission N GG 315057
r q� My Comm.Expires Mar 21,2023 [" D4818
RMrurded through National Notary Assn,
O NT 0 ROE
KEY WEST 161&9N) 33040
(305)294-4641
mv�
MONROE COUNTY CODE ENFORCEMENT
2798 Overseas Highway
Marathon, FL. 33050
Telephone: (305)289-2810 r'
Fax: (305)289-2536 I�
AFFIDAVIT OF HAND DELIVERY
I, M 1V ..I .... Inspector for Monroe County Code Enforcement. state and affirm that a Notice
of Violation/Notice of Hearing for case# eC`42-1 0 0 33 was hand delivered to
PPrin�iedma wine of person accepting service Signature of peon accepting service
On 2023 at
Signature otl Inspector
State oi'Florida
County of Monroe Sworn to (or affirmed and subscribed before me this
w Day of by:
�Name(s - -.-
of person(s) making statement
(Sianature ol'Notary Public, State ol'Florlda)
Printed Name of Notary
Affiant is
❑ Personally known to me, or
❑ Produced Identification
or
4819
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CE22110033 � ,,,
PROPERTY POSTING
02/06/2023 %�%/%
INSPECTOR: PHILLIPS
4820
N._NROE COUNTY CODE COMPLIAi...,E
AFFIDAVIT OF POSTING
CASE: CE22110033
INSP: HALL, JANICE
ir In^J Monroe County Code Compliance, declare under penalty of
perjury, that I posted the property owned by: BOUCHER FLOYD & JENNIFER , described as 645 LA FITTE
RD , LITTLE TORCH KEY, FL 33042 , having the property RE#: 00218290000000 with the Notice of
Violation/Notice of Hearing for this case with a Hearing Date of 02/23/2023 .
THIS NOTICE WAS POSTED AT:
SUBJECT PROPERTY AS STATED ABOVE
Date: Time:
® Monroe County ourthouse —500 Whitehead Street, Key West, Florida
Date: Time: / r �n^
Monroe County Courthouse —3117 Overseas Highway, Marathon, Florida
Date; Time;
Plantation Key Courthouse— 88820 Overseas Highway, Tavernier, Florida
Date: Time:.,
Sir tore:
Sworn to and subscribed before me this day of v ; 2023,
IS�., P�4AR.,HALL
i o
„ MY COP I ISS101J#HH 070328
ExFiRcS:December 8,zoza Notary Public, State of Florida
` Eendad 7hru N)Wvy Public Underwriters
CERTIFICATION OF MAILING:
I, 1 l s (I Monroe County Code Compliance, declare under penalty of
perjury, that I mailed a duplicate copy of the above-mentionedrso,
tice'vi First Class Mail to: BOUCHER
FLOYD & JENNIFER , 10900 MCKEIGHAN RD , SAINT C-AR MI
Signature
Sworn to and subscribed before me this day of
2023.
carfa Public, State of Florida
011 �� 71T E 19,
Notary Public ate of r 1w da
.� Y Conwnmft5i�bru+s far 05 '"EX l ;
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CE22110033 RE:00218290000000
645 LA FITTE RD LITTLE TORCH KEY
Inspector: GRANT FEBRUARY 6, 2023
COURTHOUSE POSTING
4822
Hall-Janice
From: Thompson-John
Sent: Friday, November 18, 2022 2:19 PM
To: Hall-Janice
Subject: 645 la fitte little torch
Saw the work going on but saw no permit on site. Checked me search and found only a permit for new windows and
doors. Permit#22101727.They are also installing siding
4823
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CE22110033 645 LA FITTE, LITTLE TORCH
12/02/22 PROPERTY RECORDS
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CE22110033 645 LA FITTE LITTLE TORCH
12/02/22 INSPECTOR HALL
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CE22110033 645 LA FITTE LITTLE TORCH % " '1 � ` ►//////%
12/22/22 INSPECTOR HALL
w, 4827
1
r
County of Monroe
Code Compliance Department
COURTESY NOTICE OF CODE VIOLATION
Case: CE22110033
Date Issued: 11/21/22
RE#:002182900-000000
Owner/Tenant: Floyd&Jennifer Boucher Property Location: 645 La Fitte Rd
Address: 10900 McKeighan Rd Little Torch Key
Saint Charles MI 48655
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 (See attached photos)
Property overgrown/requires mowing and/or cleaning of High Grass/Weeds
Unlawful Disposal/Dumping or disposal of any solid waste,or trash and debris
Prohibited Signs/Signs Requiring Permits
Abandoned Vehicles/Trailers
_..... Abandoned Vessels
Parking/Storage and/or habitation of Trucks,Trailers,Travel Trailers and RV's and Boats
Rights of Way Use or Improvements
_x_ Work without permits.
Corrective Action:. An After the fact permit is required for the siding. Please call the Building Department at 305-
289-2501 for permit questions.
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.
X Middle Keys: 2798 Overseas Hwy., Suite 330, Marathon,FL. 33050 (305)289-2810
Upper Keys: 102050 Overseas Hwy., Suite 225, Key Largo,FL 33037 (305)453-8806
Preparedby: .....................................__ Date_............ _ ...._._
(Print Inspector Name) Janice Hall
Phone Number: (305)289-2591 Email: hall-janice@monroecounty-fl.gov
77
4828
5/21/24,3:33 PM gPublic.net-Monroe County, FL-Report:00218290-000000
Monroe County, FL
"PROPERTY RECORD CARD"
Disclaimer
The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of
fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property Within the County.The
Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise,data
pprovided regarding one tax year may not be applicable in prior or subsequent years.By requestin such data,you
hereb�y understand and agree tl iat the data is intended for ad valorem tax purposes only and show d not be rellied on for
any oti�er purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00218290-000000 J�
Account# 1285528 rid' 285528
Property ID 1285528
Millage Group 100H �
Location 645 LA FITTE Rd,LITTLE TORCH KEY `
Addressu' ;-
r ,
Legal BK 20 LT 14 JOLLY ROGER ESTATES PB5-34 LITTLE TORCH KEY OR373-835
Description OR535-4310R990-14370R1137-7000R1330-11920R3055-04830R3122-01971
P4 11 M be used on llegalll uirx:win uuds.)
Neighborhood 661
Property Class SINGLE FAMILY RESID(0100)
Subdivision JOLLY ROGER ESTATES
Sec/Twp/Rng 28/66/29
Affordable No
Housing
tp hi
� Y
Owner
BOUCHERFLOYD BOUCHERJENNIFER
10900 McKeighan Rd 10900 McKeighan Rd
Saint Charles MI 48655 Saint Charles MI 48655
Valuation
2023 Certified Values 2022 Certified Values 2021 Certified Values 2020 Certified Values
+ Market Improvement Value $342,284 $337,033 $200,782 $219,053
+ Market Misc Value $25.211 $25,760 $25,573 $9,951
+ Market Land Value $714,780 $608,190 $454,575 $371,498
= Just Market Value $1,082,275 $970,983 $680,930 $600,502
= Total Assessed Value $1,068,081 $970,983 $680,930 $600,502
School Exempt Value $0 $0 $0 $0
School Taxable Value $1,082,275 $970,983 $680,930 $600,502
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2022 $608,190 $337,033 $25,760 $970,983 $970,983 $0 $970,983 $0
2021 $454,575 $200,782 $25,573 $680,930 $680,930 $0 $680,930 $0
2020 $371,498 $219,053 $9,951 $600,502 $600,502 $0 $600,502 $0
2019 $418,523 $221,660 $10,187 $650,370 $340,588 $25,000 $315,588 $309,782
2018 $374,633 $43,028 $9,442 $427,103 $334,238 $25,000 $309,238 $92,865
IheIAwdaiiiuuuuI11tou'talllaiflRyusaii7n:^�s{`inalc'a:nuull ini.rlhou.ulldnolllbeadlkAripid,ananLlhea+`4G.0pollu 11:lflkyumouiflr:.7n0 cu ouii pAh1 xr�o veii ully I he Rtuau poii011[RllRyai"uv:usiru4:.
Land
Land Use Number of Units Unit Type Frontage Depth
RES WATERFRONT(010W) 6,600.00 Square Foot 60 110
Buildings
https://apublic.schneidercorp.com/Application.asm?AimlD=605&Laverl D=9946&PaaeTvpel D=4&Panel D=7635&Q=1302429790&KevValue=0021829...4829
5/21/24,3:33 PM gPublic.net-Monroe County,FL-Report:00218290-000000
Building ID 13870 Exterior Walls HARDIE BD
Style STILT2STORY Year Built 1987
Building Type S.F.R.-R1/R1 EffectiveYearBuilt 2015
Building Name Foundation CONC PILINGS
Gross SgFt 3232 Roof Type IRR/CUSTOM
Finished Scl Ft 1601 Roof Coverage METAL
Stories 3Floor Flooring Type CONCS/BGRND
Condition GOOD Heating Type NONEwithO%NONE
Perimeter 234 Bedrooms 3
Functional Obs 0 Full Bathrooms 2
EconomicObs 0 Half Bathrooms 0
Depreciation% 7 Grade 500
Interior Walls WALL BD/WD WAL Number of Fire PI 0
Code Description Sketch Area Finished Area Perimeter
CPF COVERED PARKING FIN 348 0 82
ELF ELV FIN FD 667 0 162
OPX EXC OPEN PORCH 108 0 60
FLA FLOORLIVAREA 1,601 1,601 234
ODU OP PR UNFIN UL 448 0 152
SBF UTIL FIN BLK 60 0 32
TOTAL 3,232 1,601 722
Yard Items
Description Year Built Roll Year Size Quantity Units Grade
CONC PATIO 1986 1987 4 x 30 1 120 SF 1
CONC PATIO 1987 1988 8 x 35 1 280 SF 1
FENCES 1989 1990 O x 0 1 1340 SF 2
WOOD DECK 1999 2000 4 x 28 1 112 SF 1
SEAWALL 1986 1987 5 x 60 1 300 SF 1
WOOD DOCKS 2019 2021 Ox0 1 260SF 3
Sales
Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee
8/13/2021 $1,110,200 Warranty Deed 2337134 3122 0197 01-Qualified Improved
10/30/2020 $785,000 Warranty Deed 2289801 3055 0483 01-Qualified Improved
10/1/1994 $267,500 Warranty Deed 1330 1192 Q-Qualified Improved
6/1/1990 $225,000 Warranty Deed 1137 700 Q-Qualified Improved
10/1/1986 $40,000 Warranty Deed 990 1437 Q-Qualified Vacant
2/1/1973 $7,500 Conversion Code 535 431 Q-Qualified Vacant
Permits
Number Date Issued Date Amount Permit
Completed C - Type 0 Notes C
22101727 8/18/2022 $47,115 Residential REMOVE AND REPLACE(14)WINDOWS AND(1)EXTERIOR DOOR WITH NEW IMPACT RATED
WINDOWSAND DOOR
20100340 2/21/2020 2/25/2020 $3,115 Residential REPLACE OVERHEAD 200 AMP SERVICE RISER,METER MAIN DISCONNECT GROUNDING TO
ARTICE 250 CODE,MOVING METER/MAIN DISCONNECTTO LOWER DECK AREA OUT FROM
UNDER STAIRS,EXISTING 2"GAL THROUGH ROOF AREATO REMAIN EXTENDING TO RIGHT
ABOUT 8 FOOT
18106314 1/30/2019 10/25/2019 $27,800 Residential CONSTRUCT A 260 SO FT WOOD DOCK
17106681 1/18/2018 2/26/2018 $8.000 Residential RE-ROOF(HU RRICAN E I RMA)
17106431 11/14/2017 12/5/2017 $26,000 Residential REPAIR WALL,FRAME IN 2 WINDOWS ABOVE SLIDING GLASS DOOR,REMOVE AND REPLACE
SLIDING GLASS DOOR WITH SCREEN
16101462 3/16/2016 4/18/2016 $1,700 Residential INSTALLATION OF 17 LINEAR FEET LATERAL WASTEWATER CONNECTION
10101057 3/19/2010 10/27/2010 $1,800 Residential BRING MISC.BUILDING ISSUES INTO FEMA COMPLIANCE
01104532 1/15/2002 8/28/2020 $1,200 Residential INSTALL NEW SKYLIGHT
91103262 8/1/1991 11/1/1996 $8,000 Residential ENCLOSURE
90101210 8/1/1990 12/1/1990 $3,200 Residential FENCE
A-17398 4/1/1987 9/1/1987 $4,880 Residential DOCK
A-16235 9/1/1986 9/1/1987 $61,600 Residential SFR
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SCHOOL LOCAL BOARD 305-293-1400 1,082,275 0 1,082,275 1.7980 1,945.93
GENERAL FUND 305-292-4473 1,068,081 0 1,068„081 0.8923 953.05
F&F LAW ENFORCE JAIL 305-292-7017 1,068,081 0 1,068,081 1.7880 1,909.73
HEALTH CLINIC 305-293-7500 1,068,081 0 1,068,081 0.0388 41.44
GENERAL PURPOSE 305-292-4473 1,068,081 0 1,068,081 0.1765 188.52
MOSQUITO CONTROL 305-292-7190 1,068,081 0 1,068,081 0.4344 463.97
M C LOCAL ROAD PATROI 305-292-7017 1,068,081 0 1,068,081 0.3118 333.03
SFWM DIST 800-432-2045 1,068,081 0 1,068,081 0.0948 101.25
OKEECHOBEE BASIN 800-432-2045 1,068,081 0 1,068,081 0.1026 109.59
LOWER&MIDDLE KEYS F 305-292-4473 1,068,081 0 1,068,081 1.6932 1,808.47
EVERGLADES CONST PR. 800-432-2045 1,068,081 0 1,068,081 0.0327 34.93
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MONROE COUNTY, FLORIDA
i
RESOLUTION NO.05�L201.4
r%
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL
ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE
SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF f
FOR NON-COMPLIANT PROPERTIES, FORECLOSURE r
AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION
OF UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER; AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8-31(a)
give the Special. Magistrate appointed to hear Code Compliance cases the authority to impose i
fines and costs including the cost of repairs if the County is forced to make repairs, after a
finding that the property owner has violated the Monroe County Code(s); and
WHEREAS pursuant 20(3), Florida. Statutes and Monroe County Code 8- t
( ) feed of an Order imposing py a tine or a tine plus repair costs may be recorded
in the public records and thereafter constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator; and
I
WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all
real and personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded
liens;
and
WHEREAS, the initiation of litigation may be the only incentive for some property owners to
gain compliance; and
WHEREAS, the Board of County Commissioners finds it in the public's interest to have a
formalized written procedure to be used after a Final Order has been rendered by the Code
Compliance Special Magistrate to initiate injunctive relief on non-compliant properties, j
foreclosure and/or money ,judgment actions for collection of unpaid fines and/or costs from a
property owner;
March 19, 2014 Code laien Procedure 4834
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 4835
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
4836
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
4837