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Item O06 06 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 August 21, 2024 Agenda Item Number: 06 2023-2731 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against BARBARA A. PAPCUN and her property, 119 Freedom Ln., Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE18040083. ITEM BACKGROUND: CE18040083: This property has been the subject of a code compliance case for building permit required— approval(s),permit(s), and all inspections are required for demolition of the manufactured home and accessory structures. The fines total $77,600.00 as of July 15, 2024, and will not continue to accrue as compliance has been achieved. A hearing was scheduled for May 30, 2019, and the property owner was not present. The Special Magistrate found the property in violation and ordered a compliance date of July 19, 2019. The County's lien was recorded on August 2, 2019. A subsequent hearing was held on July 30, 2020, 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 failure to pay outstanding fines and costs. The Monroe County Property Appraiser lists the Just Market Value of the property as $136,242. The property is not homesteaded and there are no pending foreclosure actions at this time. There is no mortgage recorded on the property. 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 foreclosure, money judgment and/or writ of 2409 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 owner for 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 CE18040083 Papcun.pdf Resolution 057-2014 LIEN PROCESS.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 2410 County of Monroe y '� m� ;iy�1i Mayor Michelle C`.(3T�T'+PT�"CD6VZMtIS S1CDll!+�RS The Florida Keys Coldiron,District 2 Mayor Pro Tern David Rice,District 4 ••.,µ� Craig Cates,District 1 Eddie Martinez,District 3 Holly Merrill Raschein,District 5 BARBARA A. PAPCUN 22159 MILITARY ST. DEARBORN, MI 48124 October 4, 2021 Subject: Code Case: CE18040083 (C(0[py Location: 119 Freedom Lane, Big Pine Key, FL Dear Property Owner(s), The purpose of this letter is to inform you that a lien against your property was recorded in the Official Records of Monroe County on August 2,2019 at Document 2231203,Book 2978,Page 583 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. This case was deemed compliant and fines accrued as follows: s MCC Sec. 110-140.(a) was deemed compliant on September 13, 2021. Therefore, the daily fine of $100.00 per day accrued 776 days (July 30, 2019-September 13, 2021)for a fine total of$77,600.00. Additionally,per F.S. §162.07(2),if the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). To date,these costs are $722.61 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$78,322.61 ($77,600.00 fines and $722.61 costs). You can resolve this matter by remitting a check within thirty (30) days made payable to Monroe County Code Compliance to: Monroe County Code Compliance Department-Attention:Nicole M. Petrick 2798 Overseas Highway, Suite 330 Marathon, Florida 33050 Please note the case number on the check. The County will record a full Satisfaction and Release of Lien once payment in full has been received. Respectfully yours, Monica Rodriguez Code Compliance Research Analyst(305)289-2586 ro ri uez 11ic1n c4Lii'Llarii ec ti�.iq!3L-fl.-,oy Code Compliance Department 2798 Overseas Hwy Ste 330 Marathon FL 33050 102050 Overseas Hwy Ste225 Key Largo FL 33037 Voice: (305) 289-2810 FAX: (305) 289-2858 Voice: (305)453-8806 FAX: (305)453-8819 2411 „ BOARD OF COUNT),+COM.M ISSIOI'�ERS County of Monroe Mayor Michelle Coldiron,District 2 The Florida Keys Mayor Pro Tern David Rice,District 4 y Craig Cates,District 1 Eddie Martinez,District 3 Mike Forster,District 5 BARBARA A. PAPCUN 22159 MILITARY ST. DEARBORN, MI 48124 I L03 PO February 3, 2021 Subject: Code Case: CE18040083 Location: 119 Freedom Lane,Big Pine Key, FL Dear Property Owner(s), Monroe County, Florida has imposed a lien against your property as a result of the above-referenced code compliance action. This lien on the property resulted from the code compliance action and may be imposed upon all other real and/or personal property you own. Additionally, our records indicate that the violations remain 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 554 days for a current total of$55,400.00. 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 will be included in the lien as authorized under F. S.162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. The Code Compliance department will continue to monitor this property. Failure to bring your property into compliance in a timely fashion (as established in the compliance action or by the Court) may result in the County seeking litigation to foreclose the existing lien. Respectfully yours, Monica Rodriguez Code Compliance Research Analyst(305) 289-2586 R)cmltr t z-s tatr is t(¢�'wl rr� a c air ' Code Compliance Department 2798 Overseas Hwy Ste 330 Marathon FL 33050 102050 Overseas Hwy Ste225 Key Largo FL 33037 Voice: (305) 289-2810 FAX: (305) 289-2858 Voice: (305)453-8806 FAX: (305)453-8819 2412 ,ttAY J BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE18040083 BARBARA A. PAPCUN, ) Respondent(s), ) ) ORDER AUTHORIZING FORECLOSURE 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. 774 DONE AND ORDERED this , 2020, at the Marathon Government Center, Marathon, Florida. JohnJCiain Special Magistrate CERTIFICATE OF ORDER L hereby certify that t:h.ia 'a a true and correct copy of the above Order. Nicole M. Petrick, Liaison CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/first class U.S. mail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office as'refereiced ,iove and/or Author"zed Represei tative, " , on this day of , 2020, Nicole M. Petrick, Liaison 2413 .�AONROE COUNTY CODE COMPLI/ �E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE18040083 Property Location: 119 FREEDOM LANE, BIG PINE KEY, FL 33043 Parcel I D: 00 111320000400 BARBARA A. PAPCUN 22159 MILITARY STREET DEARBORN, MI 48124 2414 BRIEF FOR BARBARA A. PAPCUN — CE18040083 MOTION FOR COLLECTIONS 7/30/2020 01 Monica Rodriguez Monroe County Code Enforcement Subject Property - 119 FREEDOM LANE, BIG PINE KEY, FL Violation description — Building Permit Required FOR DEMOLITION OF MANUFACTURED HOME AND ACCESSORY STRUCTURES Lien filed 8/2/2019 and remains unpaid. Property is NOT in compliance. The Lien is $36,984.06 as of July 29, 2020 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed Cert Mail on March 10, 2020 to address on PRC, and Return receipt was NOT RETURNED TO County (not posted due to Covid-19 office closure). Continuation of hearing for 4/30/20 and notice of future hearing for 5/28/20 mailed via first class mail on 3/27/20. Continuation of hearing for 5/28/20 and notice of future hearing for 7/30/20 mailed via first class mail on 5/12/20. NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed Cert Mail on May 26, 2020 to address on PRC, and Return receipt was signed on June 16, 2020. CTanice CV kn commun<W60n \I PO mu QIG fi'mts County is asking the Special Magistrate to authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. 1 Brief CE18040083 Papcun 2415 BEFORE '�. _r; CODE COMPLIANCE SPECIAL AGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE18040083 BARBARA A. PAPCUN, ) 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 08/02/19, Book 2978, Page 583 on the property that was the subject of the code compliance action described as: 119 FREEDOM LANE BIG PINE KEY,FL 33043, MONROE COUNTY, FLORIDA, RE# 00111320000400, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of May 15, 2020 is $29,484.06 (fines and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on July 30, 2020 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon,FL 33050. Steven T. Williams Assistant County Attorney 1111 12'Street Suite 408 Key West,Florida 33040 (305) 292-3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this day of 2020 a copy of the foregoing was furnished to Respondent(s) via Certified Mail, Return Receipt Request No. ' to 22159 MILITARY STREET DEARBORN,MI 48124. Code Compli ce Department 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 ten(10)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711". 2416 County of Monroe The Florida Keys Code Compliance Department � � , Board of County Commissioners 2798 Overseas Highway Mayor Heather Carruthers.District 3 Marathon,Florida 33050 �� Mayor Pro Tem Michelle Coldiron,Dist.2 Voice: (305)289-2810 Craig Cates,District 1 FAX: (305)289-2858 David Rice,District 4 Sylvia J.Murphy,District 5 BARBARA A.PAPCUN 22159 MILITARY STREET DEARBORN, MI 48124 May 15, 2020 Subject: Code Case: CE18040083 Location: 119 FREEDOM LANE BIG PINE KEY,FL 33043 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please tale notice that a Public He,,uing will be conducted by the Code Compliance Special Magistrate,on July 30,2020. 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 ours, Monica Rodriguez Code Compliance Research Analyst 305-289-2586 R_qdj�gq z-nionre~a( lnonrq,ctaata..tyr_ll., 2417 'MONROE COUNTY CODE COMPLI. CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE18040083 Property Location: 119 FREEDOM LANE, BIG PINE KEY, FL 33043 Parcel ID: 00111320000400 BARBARA A. PAPCUN 22159 MILITARY STREET DEARBORN, MI 48124 2418 MONROE COUNTY FLORIDA CODE COMPLIANCE .DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number: CE CERT #: cn N N GOOD SERVICE: ° n ° " CO NO SERVICE• � Z �, , �� rt 0 101 1 fin: 00 ��' Mum7 P �� CL m a m cow / 6 y o0 ow m � - D CD � O N � ;,,, f O. � a � 0 to o w 1 .N -0 W �..� 'd •• Q N O �.G —� <1Y ( •�+w w a ti+ m m a z o o .c'OD =mum ± " N 'n 11�6 -4 cyl0 2 rn — 3 ° a o co o g o N ^ so= m • co RJ O N (D . x o �] cocyl o ru N �. w Q (D fU (PostageLn Certified free —U � _❑p � � C ❑❑W lo !nark r O (Endorsement Required) � w�d '� � a V ew rsxCeud CL E dt oreQna p Er drv �a� Postage E fees a na Sent P 8 m 3 CL .Q�bawr .__. a .... ........................... - m , ord d�Box No. 22 milli-AV lAm / � ... .,«..._.,. . m CL s C7adji ">d�dd r�d��n<m ,..,..:��.,. m. 0 1113 � ❑❑❑ �� • o m mr a ra, E � a � 0 3 t mow` l d, i y'C r'"q❑ 0 4 " CD ID m "ay.: 3 3 w N 2419 County of Monroe ` @ ,G Code Compliance Department � ° � 2798 Overseas Highway Marathon, Florida 33050 1 h **CONTINUATION OF CURRENT HEARING DATE AND REMINDER NOTICE OF FUTURE ADMINISTRATIVE HEARING ** Dear Property Owner/Agent: Monroe County, Florida is continuing to take precautionary measures due to COVID-19 (coronavirus) to protect the health, safety and welfare of the public. PLEASE TAKE NOTICE that your case currently scheduled for hearing on MAY 28, 2020 has been CONTINUED. A Public Hearing will be conducted by the Special Magistrate on July 30 2020 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. You may appear in person 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 this office prior to the date of the hearing. 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. If you need more information, please contact your Code Compliance inspector at the appropriate location listed below. 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 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". CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the attached named addressee(s) by U.S. First Class Mail on 05/12/20. Code Compliance Department 2420 MONROE COUNTY CODE COMPLIANCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE18040083 Property Location: 119 FREEDOM LANE, BIG PINE KEY, FL 33043 Parcel ID: 0 1132 00 MILITARY22159 I 48124 2421 FloridaCounty of Monroe The es Code Compliance Lie ar~tment Si Board gf County C'onttnriss'ioner 2798 Overseas Highway ' t Mayor Heather Carruthers,District 3 Marathon,Florida 33050 t i Mayor Pro Tom Michelle Coldiron, District 2 Voice: (305)289-2810 � a p Craig Cates,District 1, David Rice,District 4 FAX: (305)289-2858 tim;�i,� � a� 4 ,* 0 Sylvia.1. Murphy,District 5 BARBARA A PAPCUN 22159 MILITARY ST DEARBORN MI 48124 April 24, 2020 Subject: Code Case: CE18040083 Location: 119 Freedom Lane,Big Pine Key Dear Property Owners, 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 enforcement action and upon any and all other real and/or personal property you own. Additionally, our records indicate that the violations remain 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. As of this date, the daily fine(s)of$100.00 per day have accrued for 270 days for a current total of$27.000. 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 will be included in the lien as authorized under F.S. §162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. The Code Compliance department will continue to monitor this property. Failure to bring your property into compliance in a timely fashion(as established in the compliance action or by the Court) will result in the County seeking litigation to foreclose the existing lien. Respectfully yours, Janice Hall Code Compliance Inspector 305-289-2591 --t l� :urtc�ta�g'1f)11�o��'��tancA��lal ��° 2422 BEFORE T_ -'CODE COMPLIANCE SPECIAL , iGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE18040083 BARBARA A. PAPCUN, ) 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 08/02/19, Book 2978, Page 583 on the property that was the subject of the code compliance action described as: 119 FREEDOM LANE BIG PINE KEY, FL 33043, MONROE COUNTY, FLORIDA, RE# 00 1113 20000400, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of March 4,2020 is $22,284.06 (fines and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on April 30, 2020 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. Steven T. Williams Assistant County Attorney I I 1112t" Street Suite 408 Key West, Florida 33040 (305)292-3470 Fla. Bar No.: 0740101 CERTIFICATE OF SERVICE I hereby certify that on this day of Mar , 2020 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. -1015 ► 2 p003 03 $ U 2 9 _ to 22159 MILITARY STREET DEARBORN,MI 48124. _._.� .............m Code Complia Department 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 ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"71111. 2423 County of Monroe The Florida Keys Code CaM 1aa�ree a ar'karbenk "l v Mayor of Heathernty Carr Carruthers, Commissioners Boai 2798 Overseas Highway y ,District 3 Marathon,Florida 33050 Mayor Pro Tern Michelle Coldiron,Dist.2 Voice:(305)289-2810 Craig Cates,District 1 FAX: (305)289-2858 G, David Rice,District 4 Sylvia J.Murphy,District 5 BARBARA A.PAPCUN 22159 MILITARY STREET DEARBORN,MI 48124 March 4, 2020 Subject: Code Case: CE18040083 Location: 119 FREEDOM LANE BIG PINE KEY, FL 33043 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on April 30, 2020. The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate location: Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305)453-8806 Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. Respectfully yours, Monica Ro iguez Code Compliance Research Analyst 305-289-2586 I d�mm i r- tt�� a'caNaaca�aaa , t ��r I V 2424 .iAONROE COUNTY CODE COMPLI.* MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE18040083 Property Location: 119 FREEDOM LANE, BIG PINE KEY, FL 33043 Parcel ID: 00111320000400 BARBARA A. PAPCUN 22159 MILITARY STREET DEARBORN, MI 48124 2425 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT ...................... REGISTERED MAIL RECEIPTS Complaint Number: v4 � CE I R04DOIS 70 w oo ......_ �°o � a � = t° CERT #: ? an � or� co CO > � ° o 'a NXc or GOOD SE. m Z RICE. � � NO SERVICE. d ww: I. � I. ZM= lJlIII�� III � co —�- a: iffy N C3 e0 i _.... .... A .._.... _W.... .... (iy 0 b'�rp4"iea.tmG F<rx m C3 S fee rs W rn ,Lcla i¢ p�l i Cicyarrcbr�f ns m m tldret�ra � O �.,�F4r9caIP¢»ur� IIUIG PBar�u�4r:r7Pbc Ni,r riryr N. ...... Imo,. '�P��{rene w � ~. ... m o ��F4ctlei8P rY,rdiu<iCurr Vd 4i irk,,"c:P)e lhvr r;r a Y r a Q7 C3 Er fU P � I I�u�ti e orrJ 6r .... .. m ru � ",)tw A ... .., ._.,...,... .........„. ,.._,._..,m_a , ..,. ,.., O [ti 21 Ni g9VI � r Vz � 8 Vol �pf4 A 4 I a M"V �� "xt� ��✓h ti fuer,.4. YY,rl ,lggi p �4 A,�,'�45� 0 r 1 C +la f"Ilu a 2426 County of Monroe The Florida Keys Code("pinptiance Department / �a ',M�, Board ar�1'�"�ounty Commissioners 2798 Overseas Highway '�' a" �' Mayor Heather Carruthers,District 3 Marathon,Florida 33050 � y ), Ala�oi Piu Tcm \lichcllc Coldirun. Ui,tric[ Voice: (305)289-2810 ,, �� Crai«C�lleti. I�nuicl I FAX: (305)289-2858 Dm ict Ricr. Districl 4 tiN'h i.i J- Uiti[ricl S BARBARA A PAPCUN 22159 MILITARY ST DEARBORN MI 48124 March 2, 2020 Subject: Code Case: CE18040083 Location: 119 Freedom Lane, Big Pine Key Dear Property Owners, 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 enforcement action and upon any and all other real and/or personal property you own. Additionally, our records indicate that the violations remain 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. As of this date, the daily fine(s) of$100.00 per day have accrued for 216 days for a current total of$21,600. 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 will be included in the lien as authorized under F.S. §162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. The Code Compliance department will continue to monitor this property. Failure to bring your property into compliance in a timely fashion (as established in the compliance action or by the Court) will result in the County seeking litigation to foreclose the existing lien. Respectfully yours, L . Janice Hall Code Compliance Inspector 305-289-2591 1l,,tll j�lnic�(_C i,W uW-OCCO L111t)_-f1.L10N 2427 r County of Nlonroe The Florida Keys ("ode C�ammmm¢�9ianmc iJ��mm trtitiemmt 1� Board of('ouniv C o m+issionem- 2798 Overseas Highway '� I � 1 i� �i aIky v U @ Marathon Florida 33050 p .'�. 72 e o u Pf,, i iii II mn 1, V i:•,� I Voice: (305)289-2810 IVfi Wni.gVe iuolkhii ,ruu. Dis nki 2 FAX: (305)289-2858 11ic,MwfuuauVPi�,.°Mu 1�� V icu '� i P 4 tlW�€ Ylb'rub,.s. BARBARA A PAPCUN 22159 MILITARY ST DEARBORN MI12 November 18, 2019 Subject: Code Case: CE18040083 Location: 1 19 Freedom Lane, Big Pine Key Dear Property Owners, 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 enforcement action and upon any and all other real and/or personal property you own. Additionally, our records indicate that the violations remain 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. As of this date, the daily fine(s) of$100.00 per day have accrued for 1 1 1 days for a current total of$11,100. Additionally pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and those costs will be included in the lien as authorized under F.S. §162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. The Code Compliance department will continue to monitor this property. Failure to bring your property into compliance in a timely fashion (as established in the compliance action or by the Court) will result in the County seeking litigation to foreclose the existing lien. Respectfully yours, Janice Hall Code Compliance Inspector 305-289-2591 El tll..l�n��. ��r,u�nuu:�o�p�Q uaiuuiil titi it �,�.g��, 2428 County of Monroe The Florida Keys t-4111, Crone Cum liance Department � / � � Board of County CK'orninissioners 2798 Overseas Highway Mayor Sylvia J.Murphy,District 5 Marathon,Florida 33050 , Mayor Pro TernDanny L.Kolhage,District I Voice: (305)289-2810 �4 Michelle Coldiron,District 2 FAX: (305)289-2858 Heather Carruthers,District 3 M � David Rice,District 4 BARBARA A PAPCUN W 22159 MILITARY DEARBORN,MI 48124 Oct 25, 2019 Subject: Code Case: CE18040083 Location: 119 FREEDOM LANE BIG PINE KEY, FL 33043 Dear Property Owners, The purpose of this letter is to inform you that Monroe County,Florida has imposed a lien against your property as a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the fines continue to accrue in the amount of$ 100.00 per day until the property comes into compliance. A daily fine of$ 100.00 per day has currently accrued for 87 days for a current total of$ 8700.00. 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 $ 438.86 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 $ 9,138.86 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, HALL, JANICE 2429 " ,of u tity, o f fV1 o in rol le 'rr Cold Colde Wig Tic L. l I)e2artment i i �� r9 rmt onn t orri s"ssd ne� 2798 Overseas Highway Mayor Salvia J.Murphy,District 5 Marathon.Florida 33050 `, Mayor Pro TernDanny L.Kolhage,District 1 Voice:(305)289-2810 Michelle Coldiron.District 2 FAX: 305 Heather Carruthers,District 3 ( )�89-2858 2 David Rice,District 4 BARBARA A PAPCUN 22159 MILITARY DEARBORN,MI 48124 August 7, 2019 Subject: Code Case CE18040083 Property Location: 119 FREEDOM LANE, BIG PINE KEY,FL 33043 Real Estate No.: 00111320000400 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 08/02/19, Book 2978, Page 583. The current amount of the County's lien is $ 1,238.86 (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 Reipectfulh, °rla° , 00 71 till Nicole Petrick Special Magistrate Liaison (305)289-2509 2430 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA Doc#2231203 Bk#2978 PS#583 Recorded 8/2/2019 3:34 PM Page l of 2 MONROE COUNTY FLORIDA, Petitioner, Filed and Recorded in Official Records of MONROE COUNTY KEVLN MADOK,CPA VS. BARBARA A PAPCUN Case No.: CE18040083 Respondent(s). Subject Property Real Estate Number: 00111320-000400 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 Res*eerein )and/or Authorized Re resentative were f resent and did J i o ontest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorpor as if fully set fo ( ) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. ( ) 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. ( ) 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, ( ) The Re , on nt(s) hall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before (""THE COMPLIANCE DATE"). ( ) In the even the vio ation(s)were or are not corrected on the compliance date previously ordered or on the compliance date set forth herein,fine(s) in the dollar amount: 110�14p.( �� for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED. ( ) 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 tines 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 I-fearing filed in thws case and did not come into compliance on or before TIME COMPLIANCE DATE but are now in compliance. The Res ondent(s)small pay the total amount of cost and/or fines($_n )to Monroe�ounty Code Compliance within thirty(30)days of thus Order. ( ) Other: Page 1 2431 in the event of nonpayment of fines and/or costs imposed on Respondents a certified copy of this Order may be recorded in the public records and shall thereafter constitute a Tien against the land on which t e violation or violations exist and upon any other real or personal property owned by the violator, The County may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money udgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and mai to: Monroe County Code Compliance„ Attm Office of the Liaison„ 2798 Overseas H' y.„ Suite 330, Marathon, FL 33050, IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COIUtPLIANT BY CALLING CODE COMPLIANCE AT 305 453.8805 FOR TH5z:: IDDLE KEYS• 305 295-4343 FOR THE LOWER KEYS. DATED this day of �w_, 20.,�. ........ trate 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 ereby certify that this " a true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: CE18040083 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: BARBARA A PAPCUN 22159 MILITARY DEARBORN, MI 48124 Location of subject property: 119 FREEDOM LANE BIG PINE KEY, FL 33043 Real Estate Number: 00111320-000400 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. maid to Respondent(s) address of record wit the Monroe County Property Appraiser's Office s referenced a an or'Authorized Representative on this ;� day of 20 r ico e Petrick, Liaison Page 2 2432 County of Monroey Co de Compliance Department �! r 2798 Overseas HighwayM � Marathon, Florida 33050 _...... .. e.. NOTICE O ........... .. �.. _..... F VIOLATION/NOTICE OF HEARING To: BARBARA A PAPCUN Case Number: CE18040083 22159 MILITARY DEARBORN MI 48124 Location: 119 FREEDOM LANE , BIG PINE KEY, FL 33043 Re Number: 00111320000400 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 03/03/2018 and subsequently found the following violation(s) of the Monroe County Code: 110-140.(a) -BUILDING PERMIT REQ/CH 6 APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR DEMOLITION OF THE MANUFACTURED HOME 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 INSPECTIONS. Ile ( ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 05/30/2019 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy.,Marathon, Florida. (t,)"/ You can avoid attending the hearing if all violation(s) noted above are corrected by 05/23/2019 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. ��f%f,.„ f 2433 J ( ) 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 in person 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, prior to the date of the 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. 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 appropriat-e location HALL, JANICE Code lnsp for 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 certifyI hereby t a copy hreof has e70 6 0910 0001 48423 to the 455 on an��a cal�t-1 �esscc(s)by Certified Mail, Return Receipt Pt Request t No. Cod Coralpta aparta t IF SERVICE IS NOT OBTAINED BY CERTIFIED R bCIPT 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". f� 3 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT GISTERED MAIL f RECEIPTS ... . ... .w. .. ..m _. .............. -------- Complainte.. ... M.w NU1111W, CE I0 � CT #: 3 55 s —jN O oD o � C) D GOOD SERVICE: ,=s w� _ , W Q �„„„ NO SERVICE: -L �, 3 CD . . ....... ( p Ty = o w V a II , C p I � � Irew immi �' d� uwm uuiml E3 CD FAY � 0 6-CL W II w W dull o� CD cri T C7 � � d V�I III wl�uli N N S ry' ;. N w l O N e c IL oo L!J GA w. cu �Ba[iectl �rSk 2 o t3 r - 1rD CID o � O CD q"cMasacgt Nacxv sr�+cd t ✓w�sropbrwragr�wVkay ,•,, w U'1 � N 6 D U Return V'f��u�:.arlCa!@�Ilti�uuudmr�rV'"uyU $ ,�..e..e i � C�li8auttuui Irn��uua.wvYl t�V¢na°Wraanllc � �celrrtiff�Ir�uuow G�r��re dIrr u�� aaraa �p � C dM¢CuiP6 II u7,uutwu�a l"&eov iullauaati �; �,Y'.... fQ,' / a3000QDD 6'F3 1 II �a�akwNC;au<9lrnatPwl�g lP�e.J[ufleaamtl lCnea+lll�avaullA"�'_____.... N _' ^�• � mm Total retnCG FC.r 5-4 Sent y � N 2 m m ( O ��s`tv air aM1��e.,Je•r dar�ti:. ........................... .__.. .._........_.., v .. o CL ( ❑❑ ❑ ❑❑❑ O CID m f0 f0�. 031 m� N a m 3 ` 7 a 0 0 ww� Z w Q� f0 D00 /��% ��2436 t qq W 94 q n. r� I CE18040083 119 FREEDOM LN, BPK 9-30-17 PRELIMINARY DAMAGE ASSESSMENT Mimi 2437 b tll'u r , "GI Mo RIN CE18040083 119 FREEDOM LN, BPK 10/4/17 DAMAGE ASSESSMENT 2438 w i 'la� 1 6iiv t ii 1 n ry �1 u / o- � w CE18040083 119 FREEDOM LN, BPK 10/4/17 DAMAGE ASSESSMENT 2439 N OE COUNTY GROWTH MANAGEMENT ;,�� BUILDINGDEPARTMENT , _ =��s€;it3�2�t3f DAMAGE REPORT (initial Dal n Ig'e,�'" t S-ITE/ADDRESS DES17.11,19110'N * �0� rc [:130CEAN SIDE DAY SIDE OWNER/OCCUPANT ON-S E? YES ��; NO PHONE-,__. tNSURED: F-IYES =NO STRUCTURAL EVAtl ATION RE'a 1REM =YES �mm. N TYPE OFBUILDING: =APARTMENT =DWELLING MANUFACTURED HOME =ATTACHED GARAGEDETACHED 63ARA.GE =CC}Tv'MERCIAL =iNDLISTRIAL =OTHER, _. SPECIFid~D iTf fiE[S: f€��:�te�i first r€ r �n �turi r !np4�t d F" ti rirar C'MY fmY O. Qc NO Owl E)ff a I TE IO ; aLAI „� UTIlJTIES, G fia d' 3 u LU ° � lr�aeceWble I w qb accessible a �6 r iiElaa �� 95. u, W 06 W. � Q CcZ ce " Q Z Z D €€OOFING (�r.INjll I�7iSTRUC71URE PLUMBING RUCTURE ...,.._F {EATfiCG STEM �_ � ISTAIAW YS EI�lld�sfP3F1" WATE RATER HEATER IL31 f,Ede T#tIIVI FLOOR SYSTEM _ GAS SCR. 'vVAlt S x UCTU E ASENMl, r GA 6�PI I1�p _ i , �fIP3F}CT 1S wff FOUNUATION *II Ilad�a .- ECFRI ERi610E QORS L.ATE1t SEffViCE S4xFtKK[XR SYSTEM Barn,cades may beneeded; ��_.... Comments- . PRELIMINARY DAMAGE,A55 SSM_EN ( I Check appropriate Preliminary Damage Assessmer+t(P )determination below: -mm x !`/�,lei.`' ,,,�' 1 d'IJf1s t4 EN Rai"� Q �. _.... 2440 , � r g t r, i e a �Y r icy r r 7 e a 1 f Ii li �IIV � II I11� ii�S CE18040083 119 FREEDOM LN, BPK 3/3/18 INSP WINDSOR I, 2441 r, Ids T �iW✓ � d N�a �w Ww �a rr, fp,n u ��\1 1VIIIIIi CE18040083 119 FREEDOM LN, BPK 4/16/18 INSP ROUSSEAU 2442 a , A r , Ilf r m " 0 L 4' w q CE18040083 119 FREEDOM LN, BPK 4/16/18 INSP ROUSSEAU 2443 ¢ � w 9i s i 4 tJ J : m , w fir; ,o a. r a � I � lid i �� ire d i�4i•�II i CE18040083 119 FREEDOM LN, BPK 9/14/18 INSP WINDSOR 2444 dii r�. e J �i N U 1N i o � 1 Gq �y fr �1�IP �r/Ui �� Ii itI Ill a �I i ai r r I4'�l`�ipuilpll�! � �1(dilli5'i;1�`\0 CE18040083 119 FREEDOM LN, BPK 9/14/18 INSP WINDSOR 2445 i r � p III i w ,,, � m° � ;R R'� U,n i',��I pry �r � w" ray ,fia�� A��✓/r��1r�, R R n Jy U t � i iv°m'� .W� i �1�� 'R� ^�w i i k id>?�, 7"�ti•f��M r � a' �"irv`�Y ?�m f e >ylyN �"b�b ✓" w H m rw q r a ', f J'7 f CE18040083 119 FREEDOM LN BIG PINE KEY 3/08/19 INSPECTOR HALL ///MWI/ �j,ii: 2446 lip, m u ty � F.m. i,w„',,:.. / 1 ��Garii/sty i r G � dig � ✓�l/� a �r �r+✓'e a �w� r �yw✓l r,t si✓r r ti ,�y� � ✓phi w��v1�1�'"�r r� ��if��i✓� '✓!✓�� '�/�l�r��,�'✓ r n r m� sy m � l r1 4 7 �, rt uw rr� c i "�✓�ry'" 1 � 6"�7,.S r Y I r � � v� 4 �"k o�c wp; � `` ww rei4y 'w�r�Y rJM'�y ✓� ,, N i"i� D° ,� �a v�' � �� '� �4 d"�N x✓� � is w P '� w^��" y CE18040083 119 FREEDOM LN, BIG PINE KEY liar 3/08/19 INSPECTOR HALL 2447 County of Monroe LBuildBoard of Count �Coin missu+�nets Floa�dang plain Management " Mayor George Neugent,District 2 2798 Overseas Highway,Suite#300 A } ', Mayor Pro Tern David Rice,District 4 Marathon,FL 33050 �, '� r �, �q° Danny Kolhage,District 1 305-289-2501—Office „,�� Heather Carruthers,District 3 305-289-2515—Fax Sylvia Murphy,District 5 We strive to be caring,professional,and fair. January 12,2018 PAPCUN BARBARA A 22159 MILITARY DEARBORN MI 48124 Property location: 119 FREEDOM LN Property real estate parcel number: 00 1 1 1 320-000400 Dear Property Owner: On September 10, Hurricane Irma damaged your structure located in a Special Flood Hazard Area (SFHA) flood zone. When a property within a flood zone is damaged by any source, Monroe County is required to perform damage estimation in accordance with the Monroe County Floodplain Management Ordinance (Chapter 122 of the Monroe County Code). The initial estimation of the damage to your structure resulted in a determination that it sustained substantial damage. This estimate means that the cost to repair the damage is 50 percent or more of the fair market value(2017 tax assessed value plus 20 percent). Substantially damaged structures are required to be brought into full compliance with floodplain regulations found in the Monroe County Floodplain Ordinance and the Florida Building Code. Residential structures must be elevated to or above the base flood elevation. Non-Residential structures must be floodproofed or elevated to or above base flood elevation. If you disagree with this determination,you may submit the following additional information: 129. Cost estimate for the repair of all damages sustained to your structure prepared and signed by a licensed general contractor. Your contractor will be required to sign an affidavit indicating the cost estimate submitted includes all damages to your structure. Please note: any additional renovations or improvements that are to be made to the structure while repair work is underway must be included in the contractor's estimate. 130. Uniform appraisal of the market value of your structure before the damage occurred. If the damage was caused by flooding and if you have a flood insurance policy from the National Flood Insurance Program, you should contact your adjuster to discuss the increased Cost of Compliance (ICC) coverage. This coverage may provide a claim payment to help pay for work required to bring your home into compliance. Your adjuster can explain that the ]CC claim may also be used to pay certain costs associated with demolishing and rebuilding your home, or moving your home to a site outside of the floodplain Please be advised that all repairs, reconstruction, and new construction are subject the Monroe County Regulations and the Florida Building Code and require a permit. Construction activities conducted without a proper permit may be considered non-compliant and may result in daily fines and/or the removal of the non- compliant construction. Prior to beginning repairs, improvements, or reconstruction, contact the Monroe County Building Department for a permit to bring your structure into compliance the current floodplain regulations and/or Florida Building Code requirements. E102448 1 1 Monroe County participates in the National Flood Insurance Program. Failing to enforce floodplain requirements can put the County in jeopardy of losing flood insurance, disaster assistance and Federal backed loans and grants for our citizens. Thank you in advance for your cooperation and assistance at a difficult time. If you have questions regarding this determination, please contact Lori Lehr, Monroe County Floodplain Program(305)407-6585 or via e-mail at Floodlnformation@MonroeCounty-fl.gov. Sincerely, Rick Griffin Senior Director/Building Official IL'or Lehr, CFM Floodplain Program E10///12449 County of Monroe The Florida Keys rtrnent o^l Coun mi lonera� 2798 Overseas Highway Mayor David Rice,District 4 Marathon,Florida 33050 Mayor Pro Tern Sylvia Murphy,District 5 Voice:(305)289-2810 Danny Kolhage,District 1 FAX: (305)289-2858 George Neugent,District 2 Heather Carruthers,District 3 Unsafe,'e, Uninhabitable, Non-homestead Structure Inspection Request/Referral TO: FROM: CODE ENFORCEMENT CASE: _ DATE: Structure appears to be unoccupied and vacant. Structure is non-homesteaded per the Monroe County Property Appraiser's records. PARCEL ID: OWNER: - ADDRESS: KEY: COMMENTS: c9-- _ t' I have inspected the above-mentioned property and deem the offending structure(s)uninhabitable due to the following condition(s): Structure is an unoccupied and vacant. Structure is unsafe according to Florida Building Code. Structure contains unsafe equipment. Structure is damaged,decayed,dilapidated,and structurally unsafe. Structure is of faulty construction. L� Structure has an unstable foundation and that a partial complete collapse is possible. Per FBC 105.4.1:Permit is Null and Void. Building Official is authorized to require work to be removed.. I,Re naldo Ortiz,Dual ing Official have personally inspected the above-mentioned property and agree that due to the above condition(s)there exist sufficient cause to demolish the offending structure(s). I,Reynaldo Ortiz,Building Official have personally inspected the above-mentioned property and have determined that rehabilitation and/or repair of the structure would be a more reasonable approach to remedying the violation. Signature&Title Date P'.U[)V.iC O OpVkQ�Q HRH FOR IRA 1.If'OVLM TO BO IFOR C1E.MO.&ue 2450 .... ,V MONROE COUNTY Building Department 2798 Overseas Highway Marathon, FL. 33050 Building/Permitting/Inspection Division Unsafe Uninhabitable/Non-homesteaded Structure- Building Checklist Form -Report Address: 1 ` L Date: v v = = v M 30 von M o 3 a 0 � x � -p -j a - oat IA m G C � C C. fp M a C d a CL STRUCTURAL: 1.Exterior damage 2.Crawl Space ®- 3.Footings a.walls b.piers c.columns 4.Piers 5.Columns h.Foundation walls r-- a.front b.left c.right d. rear 7.Floorjoists-1st —" Ina a.sub-flooring — plywood — sheathing 8.Girders 9.Exterior walls — a.front b.left c.right d.rear 10 Infiem ,r V1/aIUS � � �- — Ceilings Floors f� 1%,2451 Unsafe Uninhabitable/Non-homesteaded Structure- Building Checklist Form- Report lu v 0o v Z eg o , 3 � v # 3 M 3 X- d 'C = a OQ M Vai a - a o' On 0 14 afD M ate; d a a rD 11,Accessory bldgs Entry awning carport Pool Miscellaneousi k 1 12.Windows a.glazing ' b.frames r c. sills 13.Ext_appendage 14.Chimney 15.Beams r 16.Ceiling joists 17.rafters 18.Sheathing 19.Roofing r 20.Overhang 21.Gutters 22.Exterior siding r 23.Means of egress 24.Doors exterior a.sill b.frame •— c.doors 25.Hardware exterior 26.Exterior stairs a.treads riser b.hand/guard rails 27.Porches a.roof b.floor C.joists 28.Septic a.cover b.waste line c.plumbing 29 Electrical On_C+ff Removed_ 2452 Unsafe Uninhabitable/Non-homesteaded Structure- Building Checklist Form-Report ( )6-27(b)1(a)FIRE HAZARD/HAZMAT ( )6-27(b)2(h) NO PERMIT/EXPIRED PERMIT 6-27(b)1(b)EGRESS/FIRE PROTECTION ( )6-27(b)2(1)VACANT/ABAND AND/OR COVERED (66-27(b)2(a)FALLING AWAY/APART/LOOSE ( )6-27(b)2 0)ILLEGAL OR IMPROPER USE 6-27(b)2(b)DETERIORATION OF STRUCTURE ( )6-27(b)2 all CHANGE IN USE NO PERMITS 6-27(b)2(c)PARTIALLY DESTROYED ( )6-27(b)2 0)F CHANGE IN OCCUPANCY CLASS BLDG/STRUCTURE ( )6-27(b)2(d)SAGGING/OUT OF PLUMBING ( )6-27(b)2 6)iii MAINTANENCE CONDITIONS OF OCCUPANCY REQUIREMENTS 6-27(b)2(e)ELECTRIC/PLUMBING/MECHANICAL ( )6-27(c)2 POOLS/SPAS/STAGNANT WATER (Sa6-27(b)2(f)UNSANITARY/NO FACILITES/WASTE ISISPOSAL ( )6-27(b)2(g)NO POTABLE WATER/ELEC SERVICE COMMENTS: Q CJM SIGNATURE': r" [SATE: County of Monroe rriEdiat l a artmua*nt �� Board ofCroun!YCommissioners 2798 Overseas Highway Mayor Sylvia J.Murphy,District 5 Suite#300 Mayor Pro Tern Danny Kolhage,District 1 Marathon,FL 33050t ' Michelle Coldiron,District 2 305-289-2501—Office Heather Carruthers,District 3 305-289-2515—Fax o�y p.. ,�� , David Rice,District 4 We strive to be caring,professional,and fair. December 19, 2018 Barbara Papcun 22159 Military Dearborn, MI 48124 RE: Property Location/Address: 119 Freedom Ln, Big Pine Key Owner(s) Name: Barbara Papcun Property Appraisers Legal Description: Big Pine Key PT E1/2 of NE1/4 (Lot 6) Real Estate (RE) Number: 00111320-000400 To Whom It May Concern: Upon inspection, the structure at the above cited location has been determined to be uninhabitable, unsafe and non-homesteaded pursuant to§6-27 of the Monroe County Code, and is subject to the Monroe County Code Compliance Unsafe, Unoccupied, and Non-Homestead, Uninhabitable Structure Removal Procedure authorized by the Board of County Commissioners on June 15, 2011. The following violations have been observed pursuant to MCC §6-27 (2): (2) A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized designee if: a. There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material; or b. There is a deterioration of the structure or structural parts; or c. The building is partially destroyed; or e. The electrical, plumbing or mechanical installations or systems create a hazardous condition contrary to the standards of the Florida Building Code and the National Electric Code; or f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or 2454 This Structure(s) shall not be occupied or entered unless by authorized agents of the owner for compliance purposes only. Compliance can be achieved by demolishing the structure(s) immediately. Failure to comply within 30 (thirty) days of the date of this notice will result in the structure(s) being subject to demolition by the County. If you have questions about the structure of violations contact the Building Department at 305.453.8816. If you do not demolish the structure(s) and if you do not appeal this decision of the Building Official then the County may seek legal remedies through the Court to allow the County to demolish the structure(s). The County may also seek reimbursement of costs incurred by the County for the prosecution and the demolition. Additionally, you may be subject to the imposition of fines and or other penalties. The imposition of fines, and or other penalties may result in a lien against you and any property that you may own. YOU MAY APPEAL THIS DECISION WITHIN 30 (THIRTY) DAYS OF THE DATE OF THIS ORDER In order to appeal, you must complete and submit the written notice of appeal (attached) to the Monroe County Building Department within 30 (thirty) days of the date of this order accompanied by the nonrefundable fee. The notice of appeal shall not be deemed complete without payment of the required fees. Complete appeal forms should be submitted to: Monroe County Building Official-Board of Adjustment and Appeals Attn: Michelle Yzenas 2798 Overseas Highway, Suite 300 Marathon, Florida 33050 R ds t Rick Griffin, CBO CFM Monroe County Building Official CERTIFICATE OF SERVICE I hereby certify that this notice has been furnished to above named addresses(s) by Certified Mail, Return Receipt Request No.701 S on I kll 9A g 2455 7/15/24, 10:38 AM gPublic.net-Monroe County, FL-Report:00111320-000400 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 fuifllling its responsibility to secure a just valuation for ad valorem tax purposes of all property within the County.Tile Monroe County Property Appraiser's office cannot guarantee its accuracy for any other purpose.Likewise„data provided regardingg one tax year may not be applicable in prior or Subsequent years.By requestin,g such data,you herebyy understand and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any otller purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00111320-000400 Account# 1139441 1139441-20190524 Property ID 1139441 Millage Group 100H Location 119 FREEDOM Ln,BIG PINE KEY Address Legal BIG PINE KEY PT E1/2 OF NE1/4(LOT 6)OR464-863E OR602-792 OR675-849 Description OR685-156 OR707-331 OR752-1386 OR822-2125 OR869-68 OR930-1175 OR1002-88OUE OR1338-1399OR1374-1685/86UE OR1475-224D/C OR1475- 225D/C OR1475-227 (IIgote> Not to ILe uuscA on NOfla4 rde CUirr lA") Neighborhood 549 Property Class VACANT RES(0000) Subdivision Sec/Twp/Rng 26/66/29 Affordable No Housing Owner PAPCUN BARBARAA 22159 Military St Dearborn MI48124 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 $136,242 $95,068 $80,287 $80,287 = Just Market Value $136,242 $95,068 $80,287 $80,287 = Total Assessed Value $73,663 $66,966 $60,878 $55,344 School Exempt Value $0 $0 $0 $0 School Taxable Value $136,242 $95,068 $80,287 $80,287 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2022 $95,068 $0 $0 $95,068 $66,966 $0 $95,068 $0 2021 $80,287 $0 $0 $80,287 $60,878 $0 $80,287 $0 2020 $80,287 $0 $0 $80,287 $55,344 $0 $80.287 $0 2019 $80,287 $0 $0 $80,287 $50,313 $0 $80,287 $0 2018 $69,730 $0 $0 $69,730 $45,739 $0 $69,730 $0 "r'Ihe I'Maxuiiraauumn Pom'talhil1hy lis air e.sthr;ate:o0y and,sllmara.fld not The ir0lle d a.Rlaeeu'm ais 0h e a04 p oirtabfliity aairmnouuund:Contact ouuiroffice tove idfythe ac�tuuall poirt:aabflftyamount, Land Land Use Number of Units Unit Type Frontage Depth PERMITTED SFR DRY(01DP) 4,100.00 Square Foot 0 0 EASEMENT(OOOE) 1.00 Lot 0 0 https://gpublic„schneidercorp,com/Applicatdon,aspx?ApplD=605&LayerllD=9946&PageTypelD=4&PagelD=7635&Q=2072169604&KeyValue=00111320 2456 7/15/24, 10:38 AM gPublic.net-Monroe County, FL-Report:00111320-000400 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 9/1/1997 $67,000 Warranty Deed 1475 0227 O-Unqualified Improved 1/1/1985 $40,000 Warranty Deed 930 1175 Q-Qualified Improved 12/1/1980 $30,800 Warranty Deed 822 2125 Q-Qualified Vacant 2/1/1976 $5,600 Conversion Code 752 1386 Q-Qualified Vacant Permits Number Date Issued Date Amount Permit Type Completed Notes 19101804 9/11/2020 5/24/2018 $2,100 Residential DEMO STRUCTURE(APPROVAL OF WORK COMMENCED PRIORTO ISSURANCE OF PERMIT FOR DEMO)-REV#A-ALLOW SLAB TO REMAIN FOLLOWING DEMO 19101946 6/4/2019 6/7/2019 $2,499 Residential INSTALL NEW METER CAN COMBO WITH RV HOOK-UP FOR TEMP.POWER 200 AMP SERVICE WITH 2"RISER MOUNTED ON CUST OWNED POLE WITH 2 GROUND RODS 19101453 5/6/2019 $0 Residential ONE TEMPORARY EMERGENCY HOUSING UNIT(DUE TO HU RR.IRMA) 17102046 3/27/2017 4/12/2017 $2,300 Residential View Tax Info Vllcw1:hm, or_0)is,9W�ra: I Photos t9 'd•N 796$24 Map w x' I M Pr 'rvl7 �uoi i r;, w I �.o011' t rF TRIM Notice No data available for the following modules:BuiIdir Yard Items,Sketches(click to enlarge). https://gpubIic.schneidercorp.com/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4&PageID=7635&Q=2072169604&KeyVaIue=00111320.2457 7/15/24, 10:38 AM qPublic.net-Monroe County,FL-Report:00111320-000400 j(djfjp' Schneider G,EO SPATIAL :d' :1, U.;er driv,cyPqNi y qqPk-Pr6vacyj4qU q C, Ullload 7/15/ Q24,4.01�22 AM https://qpublic.schneidercorp.com/Application.aspx?App[D=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=2072169604&KeyValue=00111320.2458 Monroe� !) t�,��ttlll .ele ��mu ...� NOTICE OF A9��NA�.OREM TA�XE ��1��1 ". �111�. ��RS�� 1� 1 .T1�O 1Uu1.1UIF� 3 S AND NON-AD VALOREM ASSESSMENTS 1139441 100H 1139441 o M . PAPCUN BARBARA A 00111320000400266629 0 o n 22159 Military St 119 FREEDOM Ln LQ o Dearborn,MI 48124-2782 o r BIG PINE KEY PT E1/2 OF NE1/4(LOT 6)OR464-863E m N OR602-792 OR675-849 OR685-156 OR707-331 N o OR752-1386 0 N { TAXING AUTHORITY TELEPHONE ASSESSEDVALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 136,242 0 136,242 1.0980 149.59 SCHOOL LOCAL BOARD 305-293-1400 136,242 0 136,242 1.7980 244.96 GENERAL FUND 305-292-4473 73,663 0 73,663 0.8923 65.73 F&F LAW ENFORCE JAIL 305-292-7017 73,663 0 73,663 1.7880 131.71 HEALTH CLINIC 305-293-7500 73,663 0 73,663 0.0388 2.86 GENERAL PURPOSE 305-292-4473 73,663 0 73,663 0.1765 13.00 MOSQUITO CONTROL 305-292-7190 73,663 0 73,663 0.4344 32.00 M C LOCAL ROAD PATROI 305-292-7017 73,663 0 73,663 0.3118 22.97 SFWM DIST 800-432-2045 73,663 0 73,663 0.0948 6.98 OKEECHOBEE BASIN 800-432-2045 73,663 0 73,663 0.1026 7.56 LOWER&MIDDLE KEYS F 305-292-4473 73,663 0 73,663 1.6932 124.73 EVERGLADES CONST PR. 800-432-2045 73,663 0 73,663 0.0327 2.41 AD VALOREM TAXES: 8.4611 $804.50 SCAN TO PAY ONLINE! LEVYING AUTHORITY TELEPHONE UNITS AMOUNT MO CO ME n MO CO WW SOLID JOE OUTER ISLAND 305-289-6051E 505-295-4323 1.000 310.29 ".� 051 1.000 310.29 w M * NON-AD VALOREM ASSESSMENTS: $767.44 WWW.IN()NN(:)F"I'AA( r' r 01 11(11Ecr'OIIEWcoIN GIII(F 113111t 1ILS II'')Y IF:IYMA1111.. $1,571.94 1139441 moinlroe f ax Cc)jie c toir P0 BOX 3.3 2, , KEY wEs''r, F1 33041.��l 1 , mini L"im su ❑ Nov 30,2023 $0.00 PAPCUN BARBARA A ❑ 22159 Military St Dearborn,MI 48124-2782 ❑ PLEASE IYIAJKIfr.CHECKS IPAYAII:M.lE"II O': III III.FI;A,SE I11.)0 IIIN(7"II"'WlIR11II"'(""II(''II IIBlEI.-OW"'71f"IHIlS LIIIINII(; SAIUd(:'"w"I"Ifr.lEI..E,7'A)(C011..1..EC'TOI U.S.FUNDS ONLY Paid 11/28/2023 Receipt# 109-23-00001138 $1,509.06 2459 Paid By PAPCUN BARBARA A 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 2460 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 2461 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 2462 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 2463