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Item R05 R5 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 October 16, 2024 Agenda Item Number: R5 2023-3049 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against LUIS CARLOS IBARRA, JR. and his property, 2424 Pensacola Rd., Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case numbers CE23010063 & CE23030083. ITEM BACKGROUND: This property is the subject of two code compliance cases, CE23010063 & CE23030083. The violations cited for case CE23010063 are 1)unlicensed vehicles (not compliant) and 2)prohibited parking and storage (compliant). The violations cited for case CE23030083 are mandatory sewer connection (not compliant). As of September 4, 2024, the fines total $24,250.00 for case CE23010063 and will continue to accrue at $50.00 per day, until compliance is achieved. The fines for case CE23030083 total $28,400.00 and will continue to accrue at $100.00 per day, until compliance is achieved. CE23010063: A hearing was scheduled for July 27, 2023, and the property owner was not present. The Special Magistrate found the property in violation and ordered a compliance date of August 11, 2023. The County's lien was recorded on August 25, 2023. A subsequent hearing was held on May 30, 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. CE23030083: A hearing was scheduled for May 25, 2023, and the property owner was not present. The Special Magistrate found the property in violation and ordered a compliance date of November 27, 2023. The County's lien was recorded on December 15, 2023. A subsequent hearing was held on May 30, 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. 5420 The Monroe County Property Appraiser lists the Just Market Value of the property as $390,022. The property is 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 injunction, money judgment and/or 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 (option 1) initiating litigation against the property owner for injunction, 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 CE23010063 Ibarra, Jr..pdf AIS Supporting does CE23030083 Ibarra, Jr..pdf Resolution 057-2014 LIEN PROCESS.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 5421 u „ ll 50 „ ' BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) vs. ) Case No.: CE23010063 LUIS CARLOS IBARRA, JR., ) Respondent(s). ) ) ORDER AUTHORIZING FORECIDSUR:E AND/OR MONEY JUDGMENT, 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 30t" day o ` ,2024, at the Marathon Government Center, Marathon, Florida. Jobrl 1 g a ........ Sp ate CERTIFICATE OF ORDER I lI- certify that 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 / fit-it class U.S. nail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office and/or Authorized Representative, N/A , on this 301n day c " Mai 202 . Nicole Petrick, Liaison _W ... .....� ...m�_ ...........�.._ 5422 r-MONROE COUNTY CODE COMPLI.-. _,E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23010063 Property Location: 2424 PENSACOLA RD., BIG PINE KEY, FL 33043 Parcel ID: 00261820000000 LUIS CARLOS IBARRA, JR. 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 5423 BRIEF FOR LUIS CARLOS IBARRA JR.—CE23010063 MOTION FOR COLLECTIONS 5/30/2024 hint a://mice earch,monroecoun -fl. o /code/CE23010063 Monica Rodriguez e Research Analyst - Monroe County Subject Property - 2424 PENSACOLA RD., BIG PINE KEY, FL Violation(s): • 17-2.(b) unlicensed vehicles—the black and the white storage trailers are unlicensed (not compliant) • 17-6.(a) prohibited parking and storage — storage of black trailer is prohibited in the right of way (COMPLIANT) • Property is not in compliance Lien was recorded in the Official Records of Monroe County on 8/25/2023, Book 3240, Page 442 and remains unpaid. • Lien $19,798.65 as of May 22, 2024 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 3/28/2024 to address on PRC. Return receipt was not received signed, therefore, the courthouse and subject property were posted with the hearing notice on 5/8/2024, as well as, mailed via first class mail. *PO not in communication with Research Analyst Monica Rodriguez, since mailing of Motion/Notice County is asking the Special Magistrate to authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. 5424 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23010063 LUIS CARLOS IBARRA,JR., ) 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 August 25,2023,Book 3240, Page 442 on the property that was the subject of the code compliance action described as: 2424 PENSACOLA RD. BIG PINE KEY,FLORIDA 33043,MONROE COUNTY,RE#00261820000000,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 18,2024 is$16,548.65 (fines and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on May 30, 2024 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALI, PROPERTY OWNERS WHO WISH TO 'PARTICIPATE IN THE HEARING SHOI.7LD A,rTEND VIA ZOOM Wow B1NAR. INSTRLi CTIONS ATTACHED HERETO. Oigially igneE Lyy-y Dugan Kelly Dugan °„, ° y- b �,, , . Kelly M. Dugan ��.......... Assistant County Attorney Fla. Bar No. 105870 k�a�s-r:rt 1 gll 'Mc.groeCo tmtty 1 L.G0 1111 12" Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this www day of G(41 2024 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. '1016 0 U 0 00 00 H ,1 N 2-1-7...... to 2424 PENSACOLA RD. BIG PINE KEY,FL 33043. Code Complia i e.Department ADA ASSISTANCE: If you are a person with a disability who needs spcctir 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"„ 5425 County of Monroe The Florida Keys Code Compliance Department , Board of Cqunt„Commissioners 2798 Overseas Highway Mayor Holly Merrill Raschein, District 5 Marathon,Florida 33050 J Mayor Pro Tern James K. Scholl, District 3 Voice: (305)289-2810 e Craig Cates,District 1 FAX: (305)289-2858 ��: �. r Michelle Lincoln,District 2 x David Rice,District 4 LUIS CARLOS IBARRA,JR. 2424 PENSACOLA RD. BIG PINE KEY,FL 33043 March 18, 2024 Subject: Code Case: CE23010063 Location: 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 Dear Property Owner, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on May 30, 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 Arr END VIAZOOM"4 EBINAR. INSTRUCIJONS 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, Won Monica Rodri i ez Code Compliance Research Analyst 305-289-2586 l oodrw a zrnm�i�.�r l a c mrtic r c s alcl t -f� M.g v. 5426 You are invited to a Zoom webinar. When: MAY 30 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — MAY 30, 2024 Please click the link below to join the webinar: tt s: me occ.zoom.us ' 89817567983 Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: htt s: me occ.zoom.us u k6hcmxBou 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. 5427 MONROE COUNTY CODE COMPLIA,.CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23010063 Property Location: 2424 PENSACOLA RD., BIG PINE KEY, FL 33043 Parcel ID: 00261820000000 LUIS CARLOS IBARRA, JR. 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 5428 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS I Case Number: C E 2 3 o I av e 3 ... � ........ CERT #: w � -7olb b 31,►0 p U D D q11 II o O ANC oo d GOOD SERVICE: � 0 o NO SERVICE: m z � m > o � m0rpp N� r > > o� 0 w c., N � ru a �ji ifl'uarl n all Faa .. 5T ErPO _._.. Uj a„r,NJ'1rs�a s�.d'�A.� u r* 0 RG'$6Y@IdYftl�EW.�kdBrYE(BY@.YY�C"Y.l�k� i�F_._.., ^may a ul.'h.,. Aa���6"@ Y 0 �Ratumnucrl V mlmctrrmlc .— Postmark kf �� a .... � 2 R �024 o r.aPulu wf 't:WBadn9 rIDer¢CdB Yo IlDxalPvmy"�'.�i +. 0 _.:�. .. ; ��� O m � say � .�, 'r✓�� � ��P Rt q � 5"rtrpf CIA 1 . ....... Nr � ; � �t bl iirrr�AW a x a a ..�. -� Z _...... � ru ra .. 3 'p kj� c aw c n;nae vc NJ �v �p 91i}I '71 �rw u Y w I sVG+D 'l� ., "� srrxW°Ir,df�PPrJ.Lj !Y� wlf�A„ II V1 £d a:8 ! Xl IJli ,y tyk III ,im 'A.bDO 7 �}dD frB �Xll UPI, dC I CO r:r r r,u � �r �i er�.... ire rll 0 Y. r'��Cu Vi 5429 W_. ROE COUNTY CODE COMPLIAN_ c AFFIDAVIT OF POSTING CASE: CE23010063 INSP: PHILLIPS, RODNEY I L.L2 s Monroe County Code Compliance, declare under penalty of perjury, that�ppos the property owned by: IBARRA JR LUIS CARLOS , described as 2424 PENSACOLA RD. , BIG PINE KEY, FL 33043 , having the property RE* 00261820000000 with the Notice of Hearing for this case with a Hearing Date of 05-30-2024. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: C)$- Time: Monroe County Courthouse— 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: 05- d) - Time: y Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn to and subscribed before me this day ofL::'�I-Ef, 2024. 7E1 - CERTIFICATIONa MY COMMISSION H LL LISAS.MARSH*r H070328 Notary Public, State of Florida :` EXPIRES:December 8,2024 w`W BondedThru JctPublicUndarwriters OF MAILING: 1, Is, t s k,,--1 ( , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: IBARRA JR LUIS CARLOS , 2424 PENSACOLA RD , BIG PINE KEY, FL 3304 Signature: Sworn to and subscribed before me this day of 20 Notary Public, State o Florida NICOLE M.PETRICK rY W COMMISSION/HH 2O7102 * EXPIRES:JMWY 3.2026 5430 li iiiiiiilllllllllllilililil�ll�ll�ll�ll�iillill�iillill�iillill�iillill�llill�lllililill �,iyl;; 11 11 i�dd'I'I�dd�'i Ndd'iihl 1 t U, , 1 s , '� II y I� IIIIIII Pluuum iiii u m I �I uuuuu u I �r�Gf COURT POSTING CE23010063 2424 PENSACOLA RD. BIG PINE KEY 05/08/2024 INSPECTOR: PHILLIPS 1 � r 5431 lartll r 4',�c n ! r u ill .Xaa U4 W7a�tf9p r�� �" wY%Y1P1PI ie6 k54 aw 01 A t 4 IiWw 4MV bWN � "z f raanM r�b,irosr lil ry N.�Yr}�ir�M1YolY�a�li!�1�11 �'�➢,;.?r / �d '.� ����'"///����� /��� / 6 i �kkN divl' w�sit aini°§ nmN r NIJ�� c ,.a ii r r %%i ;,,////iiiiiio o//.....✓ iii/%//�'�iiiia lU,i1�N"' ;r��(y%. o'�//// �y' � j/� G ' rya 'r' r.,na iW I i i r ra r r , PROPERTY POSTING CE23010063 2424 PENSACOLA RD. BIG PINE KEY 05/08/2024 INSPECTOR: PHILLIPS ILL 5432 County of Monroe The Florida Keys Code Corn lia nce Department 9 Board of Count: Commissioners Mayor Holly Merrill Raschein,District 5 2798 Overseas Highway Y Y Marathon,Florida 33050 Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Voice:(305)289-2810 l FAX: (305)289-2858 Michelle Lincoln,District 2 David Rice,District 4 LUIS CARLOS IBARRA A 2424 PENSACOLA RD BIG PINE KEY,FL 33043 Jan 26, 2024 Subject: Code Case: CE23010063 Location: 2424 PENSACOLA RD. 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$50.00 per day until the property comes into compliance. A daily fine of $50.00 per day has currently accrued for 167 days for a current total of$13150.00 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 $ 798.65 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 $ 13,948.65 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, PHILLIPS, RODNEY 305-289-2819 5433 County of Conroe The Florida Keys Code Com sliance Department r Board of Count] Cornmissi2ners 2798 Overseas Highway Mayor Craig Cates,District 1 Marathon,Florida 33050 Mayor Pro Tern Holly Merrill Raschein,District 5 Voice:(305)289-2810 1 Michelle Lincoln,District 2 FAX: (305)289-2858 James K. Scholl,District 3 David Rice,District 4 LUIS CARLOS IBAR1PA JR 2424 PENSACOLA RD BIG PINE KEY,FL 33043 August 29, 2023 Subject: Code Case CE23010063 Property Location: 2424 PENSACOLA RD., BIG PINE KEY, FL 33043 Real Estate No.: 00261820000000 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 08/25/23, Book 3240, Page 442. The current amount of the County's lien is $ 2,498.65 (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 Respectl1iIly yours, Nicole Petrick, Liaison For questions regarding this letter, please contact your Inspector; Rodney Phillips 305-289-2819 1ya,,9�t1s-1.� .9M� ,v�aacre a t����l �,ti1wr, 5434 Doc#2429855 13k#3240 Pg# 142 Electrot dca all),Recorded 8/25/2023 at 3.00 PM'Pages 6 Filed and Recorded in Official Records of M 10E COUNTY KE"VIN M'.ADO ElectronicallyREC: $52.50 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. LUIS CARLOS IBARRA JR Case No.: CE23010063 Respondent(s). Subject Property Real Estate Number: 00261820-000000 LIEN/FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or Authorized Representative was not present via zoom webinar on JuC 2' 2023 d contest the violation(s)set forth in the Notice of'Violation/Notice of HiRrig which is incorporated herein as if fully set for and attached hereto. (x) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s) is/are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( ) ONE-TIME FINE-The violations)Is found to be Irreparable or irreversible and a one-time fine of$ 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 08111/2023 ("THE COMPLIANCE DATE'). (x) In the event the violations)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: 17-2.fb1* 6000 1"�"�fsr ui * 50.00 for each dar�BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDEREDD. (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 Respondents) with the cost of repairs incurred by the County,the costs of prosecution incurre by the County and any fines Ordered in this matter. ( ) The Respondents)were in violation of the MONROE COUNTY CODE( )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 Resgondent(s)shall pay the total amount of cost and/or fines($ )to Monroe ounty Code Compliance within thirty(30)days of this Or er. (x) The Spedal Magistrate incorporates by reference the allegations)in the Notice of'Violation/Notice of Hearing(attached hereto)and finds the allegatioin(s)was/were established by the ountys Witness(es), Evidence and/or Exhibits that were introduced and accepted at the hearing. ( ) Other Page 1 5435 Doc.#2429855 Page Number: 2 of 6 In`the event of nonpayment of fines and/or costs imposed on Respondents),a certified copy of this Order maybe recorded in the public records and shall thereafter constitute a lien against the land on w ich the violation or violations exist and upon any other real or personal property owned by the violator. The Coun may institute foreclosure roceedings 0 the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Comp�uliance and mail to: Monroe County Code Compliance„ Attn: Office of the Liaison, 2798 Overseas Hwy„Suite 330,Marathon,FL 330% fT IS THE RESPONDENT RESPONSIBILITY TO REt VEST A REINSPECTION IQ QJJERMINE WHETHgo 'THE OPERTO 45 806 F 305 28 a-28 t 0 FOR THE MI L KEYS: 3 295-Q43 R THE OW R EYS. DATED this 271h day of July ,2023. Jo Van i shin m,Specu strafe 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 l h y certify bra is is a true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: CE23010063 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: LUIS CARLOS IBARRA JR 2424 PENSACOLA RD BIG PINE KEY, FL 33043 Location of subject property: 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 Real Estate Number: 00261820-000000 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/ first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraisers Office as referenced above and/or Authorized Representative NIA on this 281h day of July .2023. Nicole Petrick, Liaison. Page 2 5436 Doe.#2429855 Page Number:3 of 6 County of Monroe Code Compliance Department r 2798 Overseas Highwayw .� Marathon, Florida 33050 ~ NOTICE OF VIOLATION/NOTICE OF HEARING To: LUIS CARLOS IBARRA JR Case Number: CE23010063 2424 PENSACOLA RD BIG PINE KEY FL 33043 Location: 2424 PENSACOLA RD,BIG PINE KEY,FL 33043 Re Number: 00261820000000 DEAR PROPERTY OWNER. You are hereby notified that an investigation of the above property was initiated on 01/30/2023 and subsequently found the following violation(s) of the Monroe County Code: 17-2.(b)* -UNLICENSED VEHICLES THE BLACK AND THE WHITE STORAGE TRAILERS ARE UNLICENSED. Corrective Action Required: Register vehicle(s) or remove unlicensed vehicle(s) from property,or place completely screened from view from street or any other residential structure, (must meet setbacks of land use district where located), or place in an enclosed area/garage. Contact your Code Compliance Inspector upon compliance. 17-6.(a)* -PROHIBITED PARKING AND STORAGE STORAGE OF BLACK TRAILER IS PROHIBITED IN THE RIGHT OF WAY,. Corrective Action Required: Remove any/all vehicle(s) and/or trailer(s) from the Right-of-Way. (must meet setbacks of land use district where located), Contact your Code Compliance Inspector upon compliance. 5437 Doc.#2429855 Pagc Numbcr:4 of 6 (V< PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 07/27/2023 at 09:OOAM at the Monroe County Government Regional Center,2798 Overseas Hwy.,Marathon,Florida. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING, SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. (X You can avoid attending the hearing if all violation(s) noted above are corrected by 07/19/2023 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 YOL? AND YOUR PROPERTY. You may appear and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax: (305) 289-2858, or email directly to Pet ilcle Nicoler@monroec upty-fl.Lov, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: lrt�7, l/n.c qua o o r� t l ra: xtrequest. o„rat. If you are Leguesting the c.ase..file in preparation for ai r hearing our request should be submitted no less than ten 10 day s rior.to. our scheduled 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. , q 1,, � � 2 5438 Doe.#2429855 Page Number:5 of 6 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: PHILLIP'S, RODNEY 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.: 7019 1 120 0000 6230 02 Code Compliance Department .... _.... ...m.� 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 ,ETA 11= '� ' I� It�����T 1 5439 Doc.#2429855 Page Number:6 of 6 Special Magistrate Hearing - July 27tb, 2023 You are invited to a Zoom webinar. When: Jul 27, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - July 27th, 2023 Please click the link below to join the webinar: htt s. mcbocc.zoom.us ' 87459436777 Or iPhone one-tap : US: +16465189805„87459436777# or +16699006833„87459436777# -Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 874 5943 6777 International numbers available: htt s: mcbocc.zoom.us u ke'OipQg6d N A e 5440 County of Monroe Code Compliance Department ti 2798 Overseas Highways i Marathon, Florida 33050 " _..... ._. NOTICE OF VIOLATION/NOTICE OF HEARING To: LUIS CARLOS IBARRA JR Case Number: CE23010063 2424 PENSACOLA RD BIG PINE KEY FL 33043 Location: 2424 PENSACOLA RD ,BIG PINE KEY, FL 33043 Re Number: 00261820000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 01/30/2023 and subsequently found the following violation(s) of the Monroe County Code: 17-2.(b)* - UNLICENSED VEHICLES THE BLACK AND THE WHITE STORAGE TRAILERS ARE UNLICENSED. Corrective Action Required: Register vehicle(s) or remove unlicensed vehicle(s) from property, or place completely screened from view from street or any other residential structure, (must meet setbacks of land use district where located), or place in an enclosed area/garage. Contact your Code Compliance Inspector upon compliance. 17-6.(a)* - PROHIBITED PARKING AND STORAGE STORAGE OF BLACK TRAILER IS PROHIBITED IN THE RIGHT OF WAY, Corrective Action Required: Remove any/all vehicle(s) and/or trailer(s) from the Right-of-Way. (must meet setbacks of land use district where located), Contact your Code Compliance Inspector upon compliance. 5441 (X PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 07/27/2023 at 09:OOAM at the Monroe County Government Regional Center,2798 Overseas Hwy., Marathon,Florida. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE HEARING, SHOULD ATTEND VIA ZOOM WEIIINAR. INSTRUCTIONS ATTACHED HERETO. ( You can avoid attending the hearing if all violation(s) noted above are corrected by 07/19/2023 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 $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY. You may appear and/or be represented by an attorney or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax: (305) 289-2858, or email directly to 11et��ic -Nicole(�i) iii ni-oce� " .d o , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: hu—s J/II'(")T,° ac a t .su tM �� ,c,�:�n�. If tarp are z"e uestin tl.e base 1'� e in re aat� an for our CY hearin$z. Votir re Uest s 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. 2 01/1/5442 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: PHILLIPS, RODNEY 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.: 7019 1120 0000 6230 02 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". s f 3 r� l „� ,l' �/�llr, 5443 Special Magistrate Nearing - July 27'th, 2023 You are invited to a Zoom webinar. When : Jul 27, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - July 27th, 2023 Please click the link below to join the webinar: o F): c k..-Lc M.tj s/ '7 4 5 9 4 3 6'777 Or iPhone one-tap US: +16465189805„87459436777# or +16699006833„87459436777# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 874 5943 6777 International numbers available: fps m 005444 � T MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Complaint Number : CE CERT #a i GOOD SERVICE: NO SERVICE: t m r=1 a o °asdtl 9 Mau F-c � �.. C LCJ 4 �I ru p tl Wa fai"aic s 6 (cuwua.d s a r avuP D `<y ` O Reftuun Racal t lhu'Sawde) wk , wNed O dwft SlIgh,�mbills llt¢a^W�a'ac�9°w,: ,u3 a j q 9"� �. � �"�Az9uxVg Ilg�ruo-mCuuuuy V�Na�cswaVuwucN wkuwme O f1J M Ic�rizwnrnt6 ks w Er O n� m „w a �u :c�ro. ®p;n• w w 5445 Ni.,i4ROE COUNTY CODE COMPLIAk, ,E AFFIDAVIT OF POSTING CASE: CE23010063 INSP: PHILLIPS, RODNEY I„ Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: IBARRA JR LUIS CARLOS , described as 2424 PENSACOLA RD. , BIG PINE KEY, FL 33043 having the property RE#: 00261820000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 07/27/2023 , THIS NOTICE WAS POSTED AT: ✓ SUBJECT PROPERTY AS STATED ABOVE Date: -7 r 03--&o 3=:a Time: �- Monroe County Courthouse - 500 Whitehead Street, Key West, Florida Date: Time; ✓ Monroe County Courthouse - 3117 Overseas Highway, Marathon, Florida Date: `� o — '1-0 Time: - - o ► • 0� Plantation Key Courthouse—88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn tQ and subscribed before me this � day o7 , 2023, LE.= HALLState OfMY HH 070328 Florida Notary Public, Eber 8,2024Bondblic Underwriters CERTIFICATION OF MAILING: I, I I 4, ( ( Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: IBARRA JR LUIS CARLOS , 2424 PENSACOLA RD , BIG PINE KEY, FL 3304 Sig nature Sworn to and subscribed before me this day of ti 2023. �. NICOLEM.PETRICK Notary Public, State of Florida * MY COMMISSION#HN 2O7102 EXPIRES:January 3.2026 EMB5446 �� � r i ............ ......... ill"', A" "L A ollt", rrrrY........... p�, ........ „° ;, ?�(n1��u�r�r,,x�eV�i�eu�a�r��,.,,✓Ie,,ravraao�E's'�, r '� %'%!j ✓ '4Vk4 frw>-�r✓r�&`b�P Dfl? ,¢ '�,, ,/ v f 39ry�j r ,bm-0C�A fa4uG,0.,�k4bF ' iW1Rw 41Viw6 tt.o'a �U yrw iw u s on,w 3✓ f� ry D NIE IG lrrOfl�ll rryNb 4Y4IX�V0'wti E'5�4„F 9�&., 6,��/ r p; Nm,fvr 026 Dim", €�rYY 4'1'r Y'1412r;4F 'fry,wy m%F!1 r rN!i /�ry�r rh r y sY riryx'iA rr of rtrryt e�ryrr, frr/;/vr6rY;✓✓'%f3'r /'m �% "�'//�� ��� d r,N id�rw✓r��r r ii t //rrr Jgg, b �aH r ✓ 000 wo a U B4 P/ 6 C1'w l Vk6E t t & rt / r o .... r tip ;hM "f lr n 4/1 Ind E/✓" � r r✓v y9U ✓Iry+ a ✓ y r rl r F it idol lr r�r rlrri.f4'R ,,; , , �r n Fr/kH/rF� Q r r rb�✓Vk� �ltrr✓ry�rsr�rV✓r "f r ¢ ��P ',tom r Y z�✓g l rs/ �ry r � v�7f6kN1�a�,6 ✓!mr���!�. ��' ��1,(r����j�% ��{' �,r wr➢.r,� f a,Dlpo�k�l��a�h' �/ r; ��i s��nlNiFar�wmiN�r �L�rklr�w�r'�J�a�w r %i�� dry,r rr % �,�/� i�/� it✓ l� u ' rr'Oii�,,.ri//rr /i^�/r����/ r�j//„?r✓�" ✓ >�r�'%�i/�ur�j ' ' IV i p.w,! rF�JS�h Kea.rP`x.�#,w,P'aP P ➢ `+Iwo `�1V A ;F+W rMww IMO+W AM 7w#PPP# y '' w it �i YI PROPERTY POSTINGUp CE23010063 2424 PENSACOLA RD BIG PINE KEY 7 3 2023 INSPECTOR: PHILLIPS 5447 /sm i / bl' Notice om/ 15 of ,„ "✓ W0 rVU�brv%.,,f'0 S.AWJ,P 1 rp(04&kn"�iN IF PD 7 i 41, 104 nxi.K,Jp, Dvum gym, �i:iuiiu��7 KnlYllAff!{f jF �,� �f {�Illlllllllu�„ / ��I ��III�Iiit%G" v�rc� �tl,,kc I,��ru�r�t1�� l� i�• �!; 4��taultnr al' S�FY�jBK3 tl 71Fkl\I'I llv\I4 11,1411'I''1\I=,kl'Y,V,li y2 k \ 1 fiII111N INIIIIXNNi !Q3 �� /// //� Ja4rs}�P SKI i,, ��I ra rF,ti�rf�rrlYkfiS ��� err'6 1p 4 , v ✓ Nf�N �Jry fild�?"� /i a o ai ill a IrU/rU� �r t�lkl r;� r 1 ,,„i ,.c. -„ e,,,,, "` /r/1'1/'f/1h�✓!l{�f,,lll= a,,, %%r 'llii/xinlr �r ini v,uu i �// �7����I✓y YtfIAI f1 rri rsr r f w �L�r(�1J�XJf,'4{r i✓, � �'/I{IfMIEh�L/ I 1 iPt 1{"n,: O�� „ '�! � J��� �1/,fA ?Jrd 1)/H 4fA lu r111Nrr1l V,iiii,R,",'fiii / P l�/1✓�,JG�S+v AibiN�dwl�tli�r�I ri f IrmOff, orrarrr/ir / oo�r COURT POSTING CE23010063 2424 PENSACOLA RD BIG PINE KEY 07/03/2023 INSPECTOR: PHILLIPS 5448 0 _ Monroe County Code Compliance Department 102050 Overseas Hwy, Suite 225 Key Largo, FL 33037 Phone: (305) 453-8806 Fax: (305) 453-8819 2798 Overseas Highway, Suite 330 Marathon, FL 33050-2227 Phone: (305) 289-2810 Fax: (305) 289-2858 Community Concerns & Complaint Form Date: 45,_a,0,1-3 Method of Delivery: Phone (�4/ln Person ( ) Other O ---_________________ Please include details pertaining to the complaint, address of complaint or description of the location. (street name and number, RE#, etc) fzj ------------------------- ____________ ___ O-J----►d � - -_ ------------------------------ ------------------------------------------------------ Complainant Name/Address pursuant to HB 60 effective July 1 , 2021 . Name: ( C_� Address: -A-�U(-__P exLa- Cz-.( _--___- E-mail: _____________.______________ _.__.__-.__..-____-__ Phone: ----------P-7 -------—----------------______ Complaint Taken By: __________-___..__________---________-.-- �/� ; 5449 1 Qy �y uu ��ryr, �� JdFq r�avro�iar i c, �U i t i I i y r F f % CE23010063 2424 Pensacola Rd., BIG PINE KEY 05/15/2023 INSPECTOR: PHILLIPS �/�/ �� 5450 e ri r + m ova" VI y{ r 5° ryl ron,r 1 � i(Q fG� ii r �V� 9 w. s� eA� ' u w794, CE23010063 2424 Pensacola Rd., BIG PINE KEY 04/20/2023 INSPECTOR: PHILLIPS � 5451 r nr.:„if ,,,, ,.,,rii r ;,/; f./ir/fr'. ,,,ri �/ 11,Yi,r✓r ,.., r f f �� /r ��j , fir/ ✓/�G / ;fir e 0 / �( r �/ °b�wsb➢t / u 0, Icy J Id ,ilry 66 m= i 6f OR ll /»wt�T�vf,n ;';na rff ivahrrKw� � r.FI - CE23010063 iml 2424 Pensacola Rd., BIG PINE KEY 02/03/2023 INSPECTOR: PHILLIPS 5452 G air£: yc i r� ,lY �i�ilo���/�i1 i is '✓' �� �1i� fi 0 q ✓� r< � � r �; � ra ' ' �,,.p" io if •li J� �v/ i is wua�wwuuww� ;� fi �u i, � i n I i 1 v- P a rZ pwr D Tus �tfu'sl m �< I'u 7�� n`� I for e �� N. �n`1"�ICD�? ►erial CE23010063 2424 Pensacola Rd., BIG PINE KEY 06/06/2023 INSPECTOR: PHILLIPS 5453 ,gym �A,��Y County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE23010063 Owner/Tenant: IBARRA JR, LUIS CARLOS Date Issued: 03/06/2023 Address: 2424 PENSACOLA RD. RE#: 00261820000000 BIG PINE KEY, FL 33043 Property Location: 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 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: X Parking/Storage unlicensed vehicle Prohibited Signs/Signs Requiring Permits Mobile Vending/Sales form the Right of Way coo Py Abandoned Vehicles/Trailers/Vessel Corrective Action #"1: Register, remove trailer or screen completely from view from street or any other residential structure. Corrective Measures must be taken within 10 days from 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 Prepared by: Date: _........... Print Inspector Name: Rodney, Phone: (305) 289-2819 Email: Irilli -rodne moni-oecouot -i1. ov om 5454 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 "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 �rovided regarding one tax year may not be applicable in prior or subsequent years,By requesting such data,you ��eb understan and agree that the data is intended for ad valorem tax purposes only and should not be relied on for any other purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00261820-000000 Account# 1333476 G 4r �� Property ID 1333476 Millage Group 100H 7� Location 2424 PENSACOLA Rd,BIG PINE KEYS Address w Legal BKK LOTS 16,17,18 AND 19 LESS N6FT PINE HEIGHTS SUB PB3-164BIG Description PINE KEY OR85-476 OR304-501/02 OR753-571 OR811-1998 OR827- 1440 OR827-1441UE OR827-1442UE OR1017-580 OR1392-282 0 OR1403-715/19M/T OR1444-1347 OR1444-1348 OR1587-1088C OR1587-1091 OR2130-312/13 OR2378-1234 OR2785-1144/45 OR291.0- 1980/81 a QO"al 0.m IhlaaV:to Ew,,med on,Ocgaall.dos.Uin eats) Neighborhood 641 4M 11,1j;tcRrppertygCJass SINGLE FAMILY RESID(0100) SLLAN^:slon. PINE HEIGHTS SUBD Sec/Twp/Rng 16/66/29 Affordable No Monroe County, FL Owner ]BARRAJR LUISCARLOS 2424 Pensacola Rd Big Pine Key FL 33043 Valuation 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values + Market Improvement Value $118,496 $111,498 $112,709 $95,369 + Market Misc Value $1,898 $1,924 $1,950 $1,977 + Market Land Value $269,628 $384,936 $261,120 $211,566 = Just Market Value $390,022 $498,358 $375,779 $308,912 = Total Assessed Value $253,926 $246,531 $239,351 $232,380 School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) = School Taxable Value $228,926 $221,531 $214,351 $207,380 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2023 $384,936 $111.498 $1,924 $498,358 $246,531 $25,000 $221,531 $251,827 2022 $261,120 $112,709 $1,950 $375,779 $239,351 $25,000 $214.351 $136,428 2021 $211,566 $95,369 $1,977 $308,912 $232,380 $25,000 $207,380 $76,532 2020 $139,096 $96.772 $2,003 $237,871 $229,172 $25,000 $204,172 $8,699 2019 $123,816 $98,174 $2,030 $224,020 $224,020 $25,000 $199,020 $0 2018 $146,436 $90,180 $2,056 $238,672 $219.915 $0 $238,672 $0 The IMaAin uirn d'ort alln ht.y its an e5thrr at,e o 0y and should uwt he shed aupxm as tlae.;actuA Ipoo.rsa flhty ai mo uint 4.eauadaca mn aafrdoce to au¢lr fy flhe¢actua li Iµort,:aRaiilliitya rauuuo uirat. https://gpubl ic.schneidereorp.com/Application.aspx?Appl D=605&Layer)D=9946&PageTypel D=4&Pagel D=7635&Q=668365859&KeyValue=00261820-.5455 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY(010D) 12,000,00 Square Foot 0 0 RESIDENTIAL DRY UNPERMITTED(01DM) 6,000.00 Square Foot 50 120 RESIDENTIAL DRY UNPERMITTED(01DM) 5,280.00 Square Foot 44 120 Buildings Building ID 14687 Exterior Walls WD FRAME with 39%WD FR STUCCO Style STILT 1 STORY Year Built 1981 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1996 Building Name Foundation CONCPILINGS Gross SgFt 2282 Roof Type GABLE/HIP Finished SgFt 750 Roof Coverage ASPHALTSHINGL Stories 2 Floor Flooring Type PLYWD/PR BD Condition AVERAGE Heating Type NONEwithO%NONE Perimeter 110 Bedrooms 2 Functional Obs 0 Full Bathrooms 2 EconomicObs 0 Half Bathrooms 0 Depreciation% 34 Grade 450 Interior Walls DRYWALL Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CPF COVERED PARKING FIN 325 0 76 FLA FLOOR LIVAREA 750 750 110 CPL LATTICE ENCL 343 0 80 ODU OP PR UNFIN UL 389 0 116 SBF UTIL FIN BLK 375 0 80 SBU UTILUNFINBLK 100 0 66 TOTAL 2,282 750 528 Yard Items Description Year Built Roll Year Size Quantity Units Grade UTILITY BLDG 1984 1985 10 x 8 1 80 SF 2 CONC PATIO 1999 2000 5 x 10 1 50 SF 2 CONC PATIO 1999 2000 4 x 20 1 80 SF 2 WALLAIRCOND 2000 2001 Ox0 1 3UT 1 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 6/8/2018 $100 Quit Claim Deed 2172646 2910 1980 30-Unqualified Improved 12/9/2015 $0 Quit Claim Deed 2785 1144 11-Unqualified Improved 8/11/2008 $245,000 Warranty Deed 2378 1234 1-Unqualified Improved 6/23/2005 $437,500 Warranty Deed 2130 312 M-Unqualified Improved 7/9/1999 $122,000 Warranty Deed 1587 1091 M-Unqualified Improved 6/1/1987 $1 Warranty Deed 1017 580 M-Unqualified Improved 5/1/1980 $1 Warranty Deed 811 1998 M-Unqualified Improved Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type C Notes 0 A7587 12/1/1980 3/1/1981 $47.520 SFR View Tax Info V 1LyV T1Xe-f or hhas L!u r„,e'dl Sketches(click to enlarge) https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerID=9946&PageTypelD=4&PagelD=7635&Q=668365859&KeyValue=00261820- 5456 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 4 17SBu 13 7 4 �)_ 30 7 FLA (25) CPL 1 (B7) 5 �325)UU 25 (750) (343) ..... _ ..... - 14 4 QUJ6 ( 4) Photos D -wr�d J4 � Ir I https:Hgpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=668365859&KeyValue=00261820- 5457 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 Map i i TRIM Notice -- Schneider GEOSPATfAL 1 ,�r Ear v,icy,Pplky q 11T�,privacy Notice Lad t r)ato(41q?o,id,9/4/„2024 6,27:27 AM https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=668365859&KeyValue=00261820 5458 �; v i�m �' " i y �,�':ix:imoAlect III NOTICE OF D�VALOREM TAXES AND NON AD VALOREMIAS 1.1��l N I l e � oniroe SSENTS a 1i ri �a r 1333476 100H 1333476 IIVIUIS'1 IPA;Y II?1"y"CASH,,CRE.11;11i T' CARD m,,Cli'm,IR,1U"IUIE'IUII;1;1D @°°'IUr11NIU)S IBARRA LUIS CARLOS JR 00261820000000166629 2424 Pensacola Rd 2424 PENSACOLA Rd Big Pine Key, FL 33043-6321 BK K LOTS 16,17, 18 AND 19 LESS N 6FT PINE HEIGHTS SUB PB3-164 BIG PINE KEY OR85-476 OR304-501/02 TAXING AUTHORITY TELEPHONE ASSESSED VALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 246,531 25,000 221,531 1.0980 243.24 SCHOOL LOCAL BOARD 305-293-1400 246,531 25,000 221,531 1.7980 398.31 GENERAL FUND 305-292-4473 246,531 50,000 196,531 0.8923 175.36 F&F LAW ENFORCE JAIL 305-292-7017 246,531 50,000 196,531 1.7880 351.40 HEALTH CLINIC 305-293-7500 246,531 50,000 196,531 0.0388 7.63 GENERAL PURPOSE 305-292-4473 246,531 50,000 196,531 0.1765 34.69 MOSQUITO CONTROL 305-292-7190 246,531 50,000 196,531 0.4344 85.37 M C LOCAL ROAD PATROI 305-292-7017 246,531 50,000 196,531 0.3118 61.28 SFWM DIST 800-432-2045 246,531 50,000 196,531 0.0948 18.63 OKEECHOBEE BASIN 800-432-2045 246,531 50,000 196,531 0.1026 20.16 LOWER&MIDDLE KEYS F 305-292-4473 246,531 50,000 196,531 1.6932 332.77 EVERGLADES CONST PR, 800-432-2045 246,531 50,000 196,531 0.0327 6.43 AD VALOREM TAXES: 8.4611 $1,735.27 mill Ed11„".r'%A? TO RAY ONUAFE! LEVYING AUTHORITY TELEPHONE UNITS AMOUNT 7 p MO CO SOI ID WASTE 305-2 5-4 23 1.000 457.15 NON-AD VALOREM ASSESSMENTS: $457.15 WWW,IIAOO1'101111:1LAOYOL111I111EC1"011 L`OIO m 10 uw OIIIE T'BIL1..Y 1'''1Y FIII'7A111111.. $2,192.42 pi NON C. Steele "M Sam W1111P1w I�V 1333476 Moiniroe County PO III 3. O, II .III EST, III L.; 30 - . 9 M UR"I IIIRAY IIBY 1.',ASH, GRJII.IIIX11 l CARD OR GIERIU 111111 UIII..IID III'1„jIINIIn 305-29 - 0 � IPAY 0 N II. IM E AMU N T BloisI rrr �� � I Irr"� �I�eu 1 U� � a ❑ Cert#776 Bidder#452747 IBARRA LUIS CARLOS JR If Received By Please Pay 2424 Pensacola Rd Big Pine Key, FL 33043-6321 ❑ Sep 30,2024 $2,525.10 I'11[EASII MAKII:,L 11IIf 1"KS PAYABILIE 1'0: IlRII.EA1^111IIE III 11N01"WIIL1"'1"'E L'WIYIII:III.OW"1"III IIIIS III SAlM O"'1"IL1;I:I..I1 fAX L':0111..1..IYi11:1:m"1°OIL. U.S.IF'U.UICNIIDS OILII..Y 1 01333476 2023 7 5459 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) vs. ) Case No.: CE23030083 LUIS CARLOS IBARRA,JR., ) Respondent(s). ) ORDER AUTHORIZING FORECLOSURE AND/OR MONEY JUDGMENT 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 30t" Ma 024, at the Marathon Government Center, Marathon, Florida. .. ...._ Jo. , Van f,11 han Special Magistrate CERTIFICA.T' OF ORDER I II---b certify th° this is a true and correct copy of the above Order. / A 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 w/the Monroe County Property Appraiser's Office and/or Authorized Representative, N/A , on this 30th day of_M , , 2024. Nicole Petrick, Liaison 5460 MONROE COUNTY CODE COMPLI.1_ _,j.'.E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23030083 Property Location: 2424 PENSACOLA RD., BIG PINE KEY, FL 33043 Parcel ID: 00261820000000 LUIS CARLOS IBARRA, JR. 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 5461 BRIEF FOR LUIS CARLOS IBARRA JR. — CE23030083 MOTION FOR COLLECTIONS 5/30/2024 hwtt s llmces+ arch.mi nroecounf -fl. o /codlelCE23030083 Monica Rodriguez r u Research Analyst - Monroe County n®� rfao Subject Property - 2424 PENSACOLA RD., BIG PINE KEY, FL Violation(s): 20-51.(a) mandatory connection/sewer (permit#R-SEWTIN-2024-0025 applied for) Property is not in compliance Lien was recorded in the Official Records of Monroe County on 12/15/2023, Book 3254, Page 1846 and remains unpaid. 0 Lien $18,045.89 as of May 22, 2024 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 3/28/2024 to address on PRC. Return receipt was not received signed, therefore, the courthouse and subject property were posted with the hearing notice on 5/8/2024, as well as, mailed via first class mail. *PO not in communication with Research Analyst Monica Rodriguez, since mailing of Motion/Notice County is asking the Special Magistrate to authorize foreclosure and/or money judgment proceedings on the Order/Lien in this case. 5462 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23030083 LUIS CARLOS IBARRA,JR., ) 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 December 15,2023, Book 3254, Page 1846 on the property that was the subject of the code compliance action described as: 2424 PENSACOLA RD. BIG PINE KEY, FLORIDA 33043, MONROE COUNTY, RE# 00261820000000, and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of Mar 18, 2024 is $11,545.89 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on May 30, 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 A°I`rEN J'VIA ZOOM'WEBINAR. INSTRUCTIONS ATTACHED HERETO. Digitally fIgne by 011,Dugan Kelly Dugan Av l °' d, ;;,° Kelly M. Dugan Assistant County Attorney Fla. Bar No. 105870 l umti-Kelly, Monroe o rit�.Gov 1111 12'" Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this IS day of MaVCJA ,2024 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 10 03U ® ®bD..O.... �L .�....�28t, to 2424 PENSACOLA RD. BIG PINE KEY,FL 33043. .. Code Com_ Na n .........a....................... p e Department ADA ASSISTANCE: If you are a person with a disability who needs spec' 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". 5463 County of Monroe The Florida Keys Code Compliance De Artmen4 ��'� � Board of Coyn!y Commissioner " M 2798 Overseas Highway Mayor Holly Merrill Raschein, District 5 � !� Y Y Marathon,Florida 33050a- . . Mayor Pro Tem James K. Scholl, District 3 Voice:(305)289-2810 Craig Cates. District 1 s FAX: (305)289-2858 Michelle Lincoln,District 2 � ✓ �� David Rice,District 4 LUIS CARLOS IBARRA,JR. 2424 PENSACOLA RD. BIG PINE KEY,FL 33043 March 18, 2024 Subject: Code Case: CE23030083 Location: 2424 PENSACOLA RD., BIG PINE KEY, FL 33043 Dear Property Owner, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on May 30, 2024 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. AI L PROPERTY OWNERS WHO WISH TO PARTICIPATE, IN THE HEAT .I:NG SIIOI.ILD ATTEND VIA ZOOM:''M EBI A . INSTRUCTIONS ATTACHED HERE TO.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 Rod ' xuez Code Compliance Research Analyst 305-289-2586 Rod6gue mminonic b,i nwroecouilto lA_L'a 5464 You are invited to a Zoom webinar. When: MAY 30 2024 9:00 AM Eastern Time (US and Canada) Topic: Special) Magistrate bearing — MAY 30, 2024 Please click the link below to join the webinar: tt s: mcbocc.zoom.us/i/89817567983 Or ihone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 ebinar ID: 898 1756 7983 International numbers available: tt s: cbocc.zoo .us u k6hcmxBou 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. 5465 MONROE COUNTY CODE COMPLIA�XE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23030083 Property Location: 2424 PENSACOLA RD., BIG PINE KEY, FL 33043 Parcel ID: 00261820000000 LUIS CARLOS IBARRA, JR. 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 5466 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS Case Number: CE -3 0 300 ,a a CERT #: Iott o3(4a 0000 4111 �.I'A A f/) c O tr1 GOOD SERVICE: ' n ° " c MZn NO SERVICE: . r ya < 0 � W � > t� !, 46 w L 0 nJ t nnrwrr C3 1!, Er O cal GY7taatu ro RacafGa4 C tardan �r�I�aT9S � rttnas S�'rvwca�a �um C` es:a �rrk��u a e;�l taa�a v a,arwm i O Adult S u Required nddult Signature Ratroted WedlI S In 1� f1l $r'. � lad 4 ru �, Ut j (mJOS s Grra 1 - II ._ 2�12 A. W 4MF11 3m Iu I� mlmuGwai ry IIffll hWa" P dilw` uf C � nu fJ7 a M A �tlni�al J VA M r.a I m 5467 r� MUNROE COUNTY CODE COMPLIAN AFFIDAVIT OF POSTING CASE: CE23030083 INSP: HICKS, SHAWN I, Monroe County Code Compliance, declare under penalty of perjury, that I p sted the property owned by: IBARRA JR LUIS CARLOS , described as 2424 PENSACOLA RD. , BIG PINE KEY, FL 33043 , having the property RE#: 00261820000000 with the Notice of Hearing for this case with a Hearing Date of 05-30-2024. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: r- o Es- Timer C� 3 Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: gl,5- o$- Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn to and subscribed before me this day of - _, 2024. MYCOMMSSION#NH0793 w 28 EXPIRES:December8,202a Notary Public, State of Florida Bonded Thru Notary Public Undervmlers CERTIFICATION OF MAILING: I t 1 'rr& ( , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: IBARRA JR LUIS CARLOS , 2424 IEN SACOLA RD , BIG PINE.. KEY„ FL 330 Signatures` Sworn to and subscribed before me this �y day of 2 4. NICOLE M.PETRICK Notary Public, State of Florida * *"' WCOMMISSION#HH2O7102 a l" 8MRES:Jammy 3,2026 5468 i, %/ / r 190FIN I"1(U 11111E S(I il,l l�llf l5l ,pj� �1dl�plad�N;�'aq�tldh 9flCdYWtiN4k *ri // / ' /o'd '% / �1✓ '%0,/i/ i�r//�/iiiii/i ��� J Ib /�ii ,�@�r�lrFf artfi�*�uu rwi � ra6` �rrawM i5iry wr //� / �' � rrri jll�r /%���j ('ufnV+�dfr J Irfi7utww(w�i did,Hrren➢hi b rmrmV r�Wn�m�i almu9u,�Hh flv r�'fiNwYir�F!�'"�'���i � ///�/ri y � awv/rriirRgrdixrpla/NA�vt�ro�CwtJ18w'��1 %// i ��idif��ir ,b1,ci/`u✓'/11!b9/��xu µmdrr ti�ya+�e>Wa�W,d✓+aNS^,V�1� ,�i radi wl P#»Wharf it��dl�l r y�J Jd ri/i/ij fr/ rr %' lawn('wndarW ,?"w%au�ufJi�YdtaMN(v6b�l�."RT``MpIrMIR`�i e�W�i�J' / /'��I� ll�?�✓tif//�/u�ff y�� fir/ �� ;�///�e �>q r1Y�;droidNllr�Nn:�wrrp(aµad Y,d0.J�� dl JdfJrukY�lW�iNelNh�a�iXiD�ila�rrw,�a af('yN4�Wf���A>jf/r///i/f/%��i �/ /V/I I/ /iiii/of/ �/ r i�,� ri�/ � / / � / /j/i✓� ' ,rc ;ailll i "111 I h,I 1,t p Po TM I IV VI K" yy III �I III � A n, N ti PROPERTY POSTING CE23030083 2424 PENSACOLA RD. BIG PINE KEY 05/08/2024 INSPECTOR: PHILLIPS 5469 ^p d' �I -, ,n�lllllllll ��ail" �' � IIIIIIIIIIIIIIIIII r/ l� �''' �// u u IIIIIIIII i uum 8 1 11 COURT POSTING CE23030083 2424 PENSACOLA RD. BIG PINE KEY 05/08/2024 INSPECTOR: PHILLIPS l 5470 - County of Monroe The Florida Keys w ' -d of CountyCommissioners kr.'.J11Q)mVni i oat 2 vcmeas Highway J ��„�' ti; Mayor Holly Merrill Raschem,District 5 Marathon,Florida 33050 Mayor Pro Tern James K. Scholl,District 3 Voice: (305)289 2810 �1 Craig Cates,District 1 FAX: (305)289-2858 Michelle Lincoln,District 2 )� David Rice,District 4 LUIS CARLOS IBARRA JR. 2424 PENSACOLA RD BIG PINE KEY FL 33043 Mar 11, 2024 Subject: Code Case: CE23030083 Location: 2424 PENSACOLA RD. 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 104 days for a current total of$ 10,400. 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 $ 445.89 and costs will continue to accrue until the violations are corrected and the case is closed. Therefore, the current amount of the Monroe County lien is $ 10,845.89 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, SHAWN HICKS, CODE COMPLIANCE INSPECTOR MCNRC0E CO)UNT`i' CODE COMPLIANt_+� 5471 County of Monroe The Florida Keys Code tr gm ➢ianc:e Department J ri�� " Board of County nt Commissioners 2798 Overseas Highway Mayor Holly Merrill Raschein,District 5 Marathon,Florida 33050 Mayor Pro Tem James K.Scholl,District 3 Voice:(305)289-2810 '� Craig Cates,District 1 FAX: (305)289-2858 Michelle Lincoln,District 2 David Rice,District 4 LUIS CARLOS IBARRA A 2424 PENSACOLA RD BIG PINE KEY,FL 33043 Feb 28, 2024 Subject: Code Case: CE23030083 Location: 2424 PENSACOLA RD. 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 92 days for a current total of$ 9,200. 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 $ 445.89 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 $ 9,645.89 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, r Shawn Hicks Code Compliance Inspector Monroe County Code Compliance 5472 cunt o -°" onroe r" e Florida Kees k 0 Foot t.."sm panne L) ut"IeTt " G t tIaUi rd of c(LU t^t rrmnmissioners; 2798 Overseas Highway �' i' ' �t� "t Mayor Holly Merrill Raschein District 5 Marathon Florida 33050 l� �� �'� Mayor Pro Tern lames K. Scholl.District 3 V¢Ac: (305) 589.2810 Craig Cates,District l FAX: 43051 281) 2851 ,x w Michelle Lincoln,District 2 David Rice,District-1 LUIS CARLOS IBARRA A 2424 PENSACOL,A RD BIG PINE KEY,FL 33043 December 15, 2023 Subject: Code Case CE23030083 Property Location: 2424 PENSAC(. LA RD., 131Ci PINE KFY, FL 33043 Real Estate No.: 00261820000000 Dean 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 12/15/23 Book 3254, Page 1846. The current amount of the County's lien is $ 2,145.89 (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 Re,.,,pc�0 1/fully yours, � F4YL i �f tt m ,s Nicole Petrick, Liaison For questions regarding this letter, please contact your Inspector, Shawn Hicks 305-289-2563 5473 Doc#2444272 R14 3254 Pg#1846 Electr ;°ally Recorded 12/15/2023 at 9:48 AM Pages Filed and Recorded in Official Records of a..ONROE COUNTY KEVIN MADOK ElectronicallyREC: $61.00 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. LUIS CARLOS IBARRA JR Case No.: CE23030083 Respondent(s). Subject Property Real Estate Number: 00261820-000000 LIEN/FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or,Authorized Representative was not present via zoom webinar on Mav 25.2023 did not contest the viotation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth and attached hereto. (x) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s) is/are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$ 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 11/27/2023 ("THE COMPLIANCE DATE"). (x) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date set forth herein,fine(s)in the dollar amount: 20-51.a $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 properly 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 Respondents)were in violation of the MONiROE 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 shall p �r p C y pl' Y( ) and/orf cost i )to Monros aunt nt od Com Nance within thirt amountthe total 30 das of this Or r. (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' itness(es), Evidence and/or Exhibits that were introduced and accepted at the hearing. ( ) Other; Page 1 5474 Doc.#2444272 Page Number: 2 of 7 in the event of nonpayment of fines and/or costs imposed on Resp�ondent(s),a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on which the violation or violations exist and upon any other real or personal property owned by the violator. The Count may institute foreclosure Iaroceedingsiif the lien remains unpaid for three months and/or may sue to recover money judgment or the amount of the lien pllu i s accrued nterest. Please make checks payable to Monroe County Code Compliance and mail to: Monroe County Code Compliance, Affn�: Office of the Liaison, 2798 Overseas Hwy.,Suite 330, Marathon, FL 330% tT IS THE RESPONDENTS RESPONSIBIL TY TO REQUEST A REINSPECTION TO DETERMINE WHETHER HE PROPERTY 1§COMPLIANTBY CALLING CUM UUMMIANCZfI5 453.8805 FOR THE UPPER KEYS'13G51i 289.2810 FOR THE MIDDLEKEYS: 3tt5 29 -431 FOR TIME ER KEYS.. DATED this 261h day of May A 2023. Jof . am„Special,Magistrate 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 her certify that this a true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: CE23030083 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: LUIS CARLOS IBARRA JR 2424 PENSACOLA RD BIG PINE KEY, FL 33043 Location of subject property: 2424 PENSACOLA RD. BIG PINE KEY, FL 33043 Real Estate Number: 00261820-000000 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/ first class U.S.. snail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as refere ced above and/o Authorized Representative NIA on this 261h day of May ,2023. Nicole Petrick, Liaison Page 2 5475 Doc.#2444272 Page Number: 3 of 7 County of Monroe ' Code Compliance Department L 1 2798 Overseas Highwayw Marathon, Florida 33050 ' NOTICE OF VIOLATION/NOTICE OF HEARING To: LUIS CARLOS IBARRA JR Case Number: CE23030083 2424 PENSACOLA RD BIG PINE KEY FL 33043 Location: 2424 PENSACOLA RD. BIG PINE KEY FL 33043 Re Number: 00261820000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 0 // 3l� 22. and subsequently found the following violation(s) of the Monroe County Code: 20-5 L(a) - MANDATORY CONNECTION/SEWER FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM AND/OR DECOMMISSIONING ANY ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM WITHIN 30 DAYS OF NOTICE OF AVAILABILITY OF SERVICES. Corrective Action Required: LCONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A SEPTIC ABANDONMENT PERMIT. 2. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A MONROE COUNTY SEWER LATERAL CONNECTION PERMIT. ***CONTACT INFORMATION IS ATTACHED;':;1:;1: NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN CLOSED, PETITIONER'S EXHIBIT 1' l 5476 Doc.#2444272 Page Number: 4 of 7 (✓) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 05/25/2023 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALI,m PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAg INSTRUCTIONS ATTACHED HERETO. ( ) You can avoid attending the hearing if all violation(s) noted above are corrected by 05/17/2023 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@monroecou.nt\ tLao\, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: htt_-s://monroecount�t7.ne.xtre�Lue5t.com. lfyouo are re pestin the case file in re aration f2 our hearing, your re guest.should a muted no less than ten 1.0 days prior to your scheduled 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.. PETITIUN-EI 'S EXHIBIT 2 5477 Doe.#2444272 Page Number: 5 of 7 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 he ap priate location: H KS,SHAWN 12 as�3 Code Inspector 3� ' Middle Keys: 2798 Overseas Highway, Suite 330 Marathon,FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305)453-8806 CERTIFICATION OF SERVICE I hereby certify that a copy hereof has been furnished to the above named addressee(s)by Certified Mail, Return Receipt Request No.: 7019 1120 0000 6230 03 t ` r ' 7a - Code Compliance Department IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL. A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". PETITIONER'S JEX I,I IT 5478 Doc.#2444272 Page Number: 6 of 7 Connection to the Central Sewer System Contact Information V. P, lie s • Department of Health(DOH) 305-676-3941 Open Monday- Friday 8-5 • Monroe County Building Department Customer Service 305-453-8800 Open Monday-Friday 8:30 to 3:00 • Key Largo Wastewater Treatment District(KLWTD) 305-451-4019 Open Monday-Friday 8 to 5 Middle Key • Department of Health(DOH) 305-676-3941 Open Monday-Friday 8-5 • Monroe County Building Department Customer Service 305-289-2501 Open Monday-Friday 8:30 to 3-00 • Florida Keys Aqueduct Authority(FKAA) 305-745-3991 Open Monday-Friday 8 to 5 Lower Key • Department of Health(DOH) 305-293-7500 Open Monday,Wednesday, and Friday 9:30 to 3.30 • Monroe County Building Department Customer Service 305-295-3990 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority (FKAA) 305-745-3991 Open Monday-Friday 8 to 5 NOTE:For parcels Ocean Side Stock Island • KW Resort Utilities Corporation 305-295-3301 PETITIONER'S Open Monday Friday 8:00 to 4:30 EXHIBIT 5479 Doc.#2444272 Page Number: 7 of 7 Special Magistrate Hearing m May 25thp 2023 You are invited to a Zoom webinar. When: May 25, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - May 25th, 2023 Please click the link below to join the webinar: Or iPhone one-tap : US: +16465189805„81303011038# or +16699006833„81303011038# 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: 813 0301 1038 International numbers available- PETITIONER'S EXHIBIT 5480 County of Monroe Code Compliance Department 2798 Overseas Highway m Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: LUIS CARLOS IBARRA JR Case Number: CE23030083 2424 PENSACOLA RD BIG PINE KEY FL 33043 Location: 2424 PENSACOLA RD. BIG PINE KEY FL 33043 Re Number: 00261820000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 03/23/2023 and subsequently found the following violation(s) of the Monroe County Code: 20-51.(a) - MANDATORY CONNECTION/SEWER FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM AND/OR DECOMMISSIONING ANY ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM WITHIN 30 DAYS OF NOTICE OF AVAILABILITY OF SERVICES. Corrective Action Required: LCONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A SEPTIC ABANDONMENT PERMIT. 2. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A MONROE COUNTY SEWER LATERAL CONNECTION PERMIT. ***CONTACT INFORMATION IS ATTACHED*** NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN CLOSED. ON � 1 5481 ( PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 05/25/2023 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALI, PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING, SHOULD ATTEND VIA ZOO OM WEBINAR. INSTRUCTIONS ATTACHED HERETO. ( } You can avoid attending the hearing if all violation(s) noted above are corrected by 05/17/2023 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 1?eti•ick-Nicole@ monroec.o�x��t �wl���.��', prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: but bl r °a asp d .a a rc ucsl.�:onii. If a are re Westin tile case file an re tuation for your hearing your rec uest should be submitted no less than ten 10 da s rior to your scheduled 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. r�OTI" ���"�i 2 i 5482 3 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 e1 p iate location: HICKS, SHAWN 1�',20— Cq5rG3 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.: 7019 1120 0000 6230 05:3 Qn Ma Le_k Q9, aoa 3 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". 5483 Connection to the Central Sewer System Contact Information Upper Keys • Department of Health (DOH) 305-676-3941 Open Monday-Friday 8-5 • Monroe County Building Department Customer Service 305-453-8800 Open Monday-Friday 8:30 to 3:00 • Key Largo Wastewater Treatment District(KLWTD) 305-451-4019 Open Monday-Friday 8 to 5 Middle Keys • Department of Health (DOH) 305-676-3941 Open Monday-Friday 8-5 • Monroe County Building Department Customer Service 305-289-2501 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority(FKAA) 305-745-3991 Open Monday-Friday 8 to 5 Lower Keys • Department of Health(DOH) 305-293-7500 Open Monday,Wednesday, and Friday 9:30 to 3:30 • Monroe County Building Department Customer Service 305-295-3990 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority (FKAA) 305-745-3991 Open Monday-Friday 8 to 5 NOTE: For parcels Ocean Side Stock Island • KW Resort Utilities Corporation 305-295-3301 Open Monday-Friday 8:00 to 4:30 '`� / ,j, %;% 5484 Specialistr to Hearing - May 25th, You are invited to a Zoom webinar. When: May 25, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - May 25th, 2023 Please click the link below to join the webinar: r iPhone one-tap : US: +16465189805„81303011038# or +16699006833„81303011038# r Telephone: ial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 webinar ID: 813 0301 1038 International numbers available: ,/ // 5485 r MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTE RED MAIL -- RECEIPTS .._..... G Complaint Number: CE CERT #o GOOD SERVICE: NO SERVICE: C i ��°°° uuou� �u�u ou VVV VV� V�V�VVVVRVVVVV � Lin mava ad dn r °' F + 1 . .. ru ],IRell ua na nwalpt(haavdamupy) O �. Rtla aXupirm ffRamaam0p�mtlaremoue ni 4� $ � �Mp9 3tt j M .It CMII�KW MaaH IFR fflct IDAnhwAy $ Rabe FjAdHft P9mmhauua»Via.giArsd $ _ z 7umV1��rer�dNwanma�mxrr�iaazR C�r�Eormm,�m .. 28 2023 Ommaby — rU a _. rl C rotR W �rcYm v�mC9 N a Er SON 7b p a Xf 7,«j"daa7 CA' ��Fai r+ar�Rox aaro ism m ... I 5486 ROE COUNTY CODE COMPLIA -�,E AFFIDAVIT OF POSTING CASE: CE23030083 INSP: HICKS, SHAWN I, f�z A S Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: IBARRA JR LUIS CARLOS , described as 2424 PENSACOLA RD. , BIG PINE KEY, FL 33043 , having the property RE* 00261820000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 05/25/2023 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: 05 v , 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. Time: Signature: -- Sworn to and subscribed before me this day of N446k , 2023. ELr usas MARSHALSNotaMY COMMISSION#HH070328 ry Public, State of Florida EXPIRES:December 8,2024` Bonded Tin hksWy Public Underwriters CERTIFICATION OF MAILING: 1, t t Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: IBARRA JR LUIS CARLOS , 2424 PENSACOLA RD , BIG PINE KEY, FL 33043 Signature: Q_U4- ryla"it� Sworn to and subscribed before me this day of m_, 023. Notary Public, State of Florida 5487 r ,a " e o� r A i s y r Ili 9 pts tic Not w"ce aw"womme, 112-00a PROPERTY POSTING CE23030083 2424 PENSACOLA RD., BIG PINE KEY IE7"�TER' 05/04/2023 INSPECTOR: PHILLIPSEX �,,, 5488 N,_.JROE COUNTY CODE COMPLIX_ ,E AFFIDAVIT OF POSTING CASE: CE23030083 INSP: HICKS, SHAWN M L Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: IBARRA JR LUIS CARLOS , described as 2424 PENSACOLA RD, , BIG PINE KEY, FL 33043 , having the property RE#: 00261820000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 05/25/2023 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: c,s o 0 _""� Time: Plantation Key Courthouse— 88820 Overseas Highway, Tavernier, Florida Date: Time, Signature: Sworn to and subscribed before me this day of ryt 2023, r-o Notary Public, State of Florida CERTIFICATION OF MAILING: I, <' , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: IBARRA JR LUIS CARLOS , 2424 PENSACOLA RD , BIG PINE KEY, FL 3303 ryl Signature: Sworn to and subscribed before me this day of_ 2 Notary Public, State of Florida ETTITI 5489 J �f% go OVA'G dW / gar r ,r ., pp r�1r ���/��r/ r�/f�jyl I��rd✓'��yl9rr✓%/�/io„ ;„<,/r .. //� I r/O r 1h� I rl�ll II Ilion I u.uu��h°�. , r r r; COURT POSTING CE23030083 2424 PENSACOLE RD., BIG PINE KEY 05/04/2023 INSPECTOR: PHILLIPS 5490 V I a r� v f y r , r � y V i d u e En ,v l I � u rp� rn r i r ti �� � �, ,i �I i�'7"�,�• �p -r ° irk'� l��p�� �w n d r u � n r 1 9 r Jill r�f nl JN r�lr °✓',� ��r,/�'pr a;%i �,'�, i' 1 'r }'" ruVl'; ro7""arm 1 . �, d� "1�r� ..r /,v /`,wi/Gvd,r,,diN,r�V ,., k,, .✓.,;. P I ,... ,rw', p ,' „;rlH rr-. ,f �i., %////%%%%/ �,v';,,;,, ,,, ri i�,.; e,.. �py,�I ,.., a„r,; �,`�l.r, �9 �,f�✓(,�� ,,�,=m'.rX r MAW„y.,p�;.nrf„ f. ".lj /" %���/////%,.. „� ���i„�� ioli„ "^y ✓, V1 I 4 G �, A, , Ill 4 ;� �^y, ,ll i� ��������a��%/; A/' gag jf ', CE23030083 2424 PENSACOLA RD., BIG PINE KEY 03/24/2023 INSPECTOR HICKS 5491 . � Aq LIFlorida Keys Monroe County 11 ri b WO Kennedy Drove 1100 ro�"oUiruonton St 1 r THY�c r�o cVa 304 Tu 0 hone 3CP5y 8 tre �r Q � � d � i� )`� rt ca p 2r�s 2500 J/ July 28, 2020 RE: Reminder Notice to Connect to Available Central Wastewater System Real Estate Number: Physical Address: Dear Property Owner: All properties in the Cudjoe Regional Wastewater System were previously notified of the requirement to connect to the central wastewater system. Pursuant to Monroe County Ordinance No. 017-2002, connection to the system is required. Our records indicate that you have not completed the process for your wastewater connection. The steps required to complete the process include: 1. Obtain a septic tank abandonment permit and wastewater connection permit 2. Receive required Inspections and connect to the system 3. Abandon septic tank through the Department of Health;and 4. Close wastewater connection permit though the Monroe County Building Department Detailed information regarding the connection process may be found at Otherwise, you may contact these specific agencies for any assistance: ® Florida Department of Health: (305) 676-3908=Septic tank/cesspit abandonment or cistern conversions ® Monroe County BuildinE Department: (305) 289-2501= Monroe County permitting information • Florida Keys Aqueduct Authority: (305) 295-2175 =Connection &general project information • Monroe County Social Services, (305) 292-4408=Connection funding assistance If you have completed these steps and believe that you received this notification in error, please contact the Monroe County Building Department at (305) 295-2501 to ensure the permit is closed. The Monroe County Code Compliance Department will begin enforcement proceedings against any property that has not connected within 30 days from the date of this letter. Should you need additional assistance please contact the FKAA at info,Ebfkaa cum or call (305) 296-2454. Ez�mll ��N)MDSMTES PbsnAL.s6 vac August 10, 2020 Dear C2M LLC: The following is in response to your request for proof of delivery on your item with the tracking number: 9214 8901 3247 3400 1214 1489 36. Status: Delivered, Left with Individual Status Date/Time: August 3, 2020, 03:02 p.m. Location: BIG PINE KEY, FL 33043 Postal Product: First-Class Mail® Extra Services: Certified MaiITM Return Receipt Electronic Recipient Name: IBARRA LUIS CARLOS Reference(s): 373239, 121414893 Street Address: 2424 PENSACOLA RD City, State ZIP Code: BIG PINE KEY, FL 33043-6321 Signature of Recipient: Zg24 Q�Sc�61� Address of Recipient:. Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. Thank you for selecting the United States Postal Service®for your mailing needs. If you require additional assistance, please contact your local Post Office TM or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 5493 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 "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 provided regardin�one tax year may not be applicable in prior or Subsequent years.By rerjuestin such data,you herebyy understan and agree that the data is intended for ad valorem tax purposes only and shoo d not be relied on for any otfaer purpose. By continuing into this site you assert that you have read and agree to the above statement. Summary Parcel ID 00261820-000000 Account# 1333476 Property ID 1333476 MillageGroup 100H Location 2424 PENSACOLA Rd,BIG PINE KEY w Address Legal BK K LOTS 16,17,18 AND 19 LESS N 6FT PINE HEIGHTS SUB P63-164 BIG Description PINE KEY OR85-476 OR304-501/02 OR753-571 OR811-1998 OR827- 1440 0R827-1441UE OR827-1442UE OR1017-580 OR1392-282 OR1403-715/19M/T OR1444-1347 OR1444-1348 OR1587-1088C �r, OR1587-1091 OR2130-312/13 OR2378-1234OR2785-1144/45 OR2910- 1980/81 L GII' a�ur 6%)v to the uu:nod on Ih gJaO allot uirrieiut,;.) Neighborhood 641 trf?ropertagCliss SINGLE FAMILY RESID(0100) S,utiaieison PINE HEIGHTS SUBD Sec/Twp/Rng 16/66/29 Affordable No Monroe County, FL Owner I BARRA J R LU IS CARLOS 2424 Pensacola Rd Big Pine Key FL 33043 Valuation 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values + Market Improvement Value $118,496 $111,498 $112,709 $95,369 + Market Misc Value $1,898 $1,924 $1,950 $1,977 + Market Land Value $269,628 $384,936 $261,120 $211.566 = Just Market Value $390,022 $498,358 $375,779 $308,912 = Total Assessed Value $253,926 $246,531 $239,351 $232,380 School Exempt Value ($25,000) ($25,000) ($25,000) ($25,000) School Taxable Value $228,926 $221,531 $214,351 $207,380 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2023 $384,936 $111,498 $1,924 $498,358 $246,531 $25,000 $221,531 $251.827 2022 $261,120 $112,709 $1,950 $375.779 $239,351 $25,000 $214,351 $136.428 2021 $211,566 $95,369 $1,977 $308,912 $232,380 $25,000 $207,380 $76,532 2020 $139,096 $96,772 $2,003 $237,871 $229,172 $25,000 $204.172 $8,699 2019 $123,816 $98,174 $2,030 $224,020 $224,020 $25,000 $199,020 $0 2018 $146,436 $90,180 $2,056 $238,672 $219,915 $0 $238,672 $0 p he:Ih/a,reiiruuu,ouuu Portalll llya ua an estl viMe only and should nolll be r cllkKi uay'oin as the aahmlll p oirtallg tt:/aiiMr,.uutt C0111r,:avt ow office to ao 1fy the ache al,pportabiillRy au rKauilKut:. https://qpu blic.schneidereorp.com/Application.aspx?Appl D=605&Layerl D=9946&PageTypelD=4&Pagel D=7635&Q=668365859&KeyValue=00261820-.5494 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 Land Land Use Number of Units Unit Type Frontage Depth RESIDENTIAL DRY(010D) 12,000.00 Square Foot 0 0 RESIDENTIAL DRY UNPERMITTED(01DM) 6,000.00 Square Foot 50 120 RESIDENTIAL DRY UNPERMITTED(01DM) 5,280.00 Square Foot 44 120 Buildings Building ID 14687 Exterior Walls WD FRAME with 39%WD FR STUCCO Style STIIT1STORY Year Built 1981 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1996 Building Name Foundation CONC PILINGS Gross SgFt 2282 Roof Type GABLE/HIP Finished SgFt 750 Roof Coverage ASPHALTSHINGL Stories 2 Floor FlooringType PLYWD/PR BD Condition AVERAGE Heating Type NONE with 0%NONE Perimeter 110 Bedrooms 2 Functional Obs 0 Full Bathrooms 2 EconomicObs 0 Half Bathrooms 0 Depreciation% 34 Grade 450 Interior Walls DRYWALL Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter CPF COVERED PARKING FIN 325 0 76 FLA FLOOR LIV AREA 750 750 110 CPL LATTICE ENCL 343 0 80 ODU OP PR UNFIN UL 389 0 116 SBF UTIL FIN BLK 375 0 80 SBU UTILUNFINBLK 100 0 66 TOTAL 2,282 750 528 Yard Items Description Year Built Roll Year Size Quantity Units Grade UTILITY BLDG 1984 1985 10 x 8 1 80 SF 2 CONC PATIO 1999 2000 5 x 10 1 50 SF 2 CONC PATIO 1999 2000 4 x 20 1 80 SF 2 WALLAIRCOND 2000 2001 Ox0 1 3UT 1 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 6/8/2018 $100 Quit Claim Deed 2172646 2910 1980 30-Unqualified Improved 12/9/2015 $0 Quit Claim Deed 2785 1144 11-Unqualified Improved 8/11/2008 $245,000 Warranty Deed 2378 1234 1-Unqualified Improved 6/23/2005 $437,500 Warranty Deed 2130 312 M-Unqualified Improved 7/9/1999 $122,000 Warranty Deed 1587 1091 M-Unqualified Improved 6/1/1987 $1 Warranty Deed 1017 580 M-Unqualified Improved 5/1/1980 $1 Warranty Deed 811 1998 M-Unqualified Improved Permits Number 0 Date Issued : Date Completed : Amount C Permit Type 0 Notes 0 A7587 12/1/1980 3/1/1981 $47,520 SFR View Tax Info Sketches(click to enlarge) https://qpublic.schneidercorp.com/Application.aspx?AppID=605&LayerID=9946&PageTypelD=4&PagelD=7635&Q=668365859&KeyValue=00261820- 5495 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 4 7R,U 13 7 30 4 � CPF CPL SBF 5' ODU 25 FLA (325) (343) "1 (375) (32 ) (750) 14 . . 6 4 Oud (..-) Photos k I I' https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=668365859&KeyValue=00261820- 5496 9/4/24, 1:57 PM gPublic.net-Monroe County, FL-Report:00261820-000000 Map Jf e jai,iol '»a i TRIM Notice Schneider G OSSPATIAL User 1 r,wv%cy pquy^ qt:w g pH acyW rgpflcc t,,j�� it a Ppjq?�.y/41/2Q24,,A 127,121171 AM https://gpublic.schneidercorp.com/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4&Page ID=7635&Q=668365859&KeyVaIue=00261820 5497 I HIV"n I V.W II Steele M � .�9 ti A Imi Monroe County �I linau "nt IIn[di "i u'u � I &;�lul(; W III .L'::'I III^ i NOTICE OF AD VALOREM TAXES AND NONgMMz:M AD VALOREM OREM ASSESSMENTS mi '=E7, �.. flho ul�" r I 1333476 100H 1333476 MUST IFPAY IB"NP C'ASI°°III.,CI'II I"ll1"C<AIRD OR CIEIR"'II'°IIq°1IICIID FUNDS IBARRA LUIS CARLOS JR 00261820000000166629 2424 Pensacola Rd 2424 PENSACOLA Rd Big Pine Key, FL 33043-6321 BK K LOTS 16, 17, 18 AND 19 LESS N 6FT PINE HEIGHTS SUB P1133-164 BIG PINE KEY OR85-476 OR304-501/02 ti TAXING AUTHORITY TELEPHONE ASSESSED VALUE EXEMPTION AMT TAXABLE VALUE MILEAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 246,531 25,000 221,531 1.0980 243.24 SCHOOL LOCAL BOARD 305-293-1400 246,531 25,000 221,531 1.7980 398.31 GENERAL FUND 305-292 4473 246,531 50,000 196,531 0.8923 175.36 F&F LAW ENFORCE JAIL 305-292-7017 246,531 50,000 196,531 1.7880 351.40 HEALTH CLINIC 305-293-7500 246:531 50,000 196,531 0.0388 7.63 GENERAL PURPOSE 305-292-4473 246,531 50,000 196,531 0.1765 34.69 MOSQUITO CONTROL 305-292-7190 246,531 50,000 196,531 0.4344 85.37 M C LOCAL ROAD PATROI 305-292-7017 246,531 50,000 196,531 0.3118 61.28 SFWM DIST 800-432-2045 246,531 50,000 196,531 0.0948 18.63 OKEECHOBEE BASIN 800-432-2045 246,531 50,000 196,531 0.1026 20.16 LOWER&MIDDLE KEYS F 305-292-4473 246,531 50,000 196,531 1.6932 332.77 EVERGLADES CONST PR, 800-432-2045 246,531 50,000 196,531 0.0327 6.43 AD VALOREM TAXES: 8.4611 $1,735.27 C6il1M..I"1PAY ONLINE! LEVYING AUTHORITY TELEPHONE UNITS AMOUNT ■I MO CO SOLID WASTE 305-295-4323 1.000 457.15 9C. NON-AD VALOREM ASSESSMENTS: $457.15 W W,II'7ONIIII''1CIIII7"AXCC)IIII III I TO . CIIl4 oil s"� I'iIIIIE,'ill III3ILIII w BY IILIII'4AJIIL. $2,192.42 133347 Iflllllll II + u' 6 Aoinroe County Tax L IIMu�IS�"'III�A�(IIE CASH,CIIR�"DIII°'F CAR[)OIIR.CIIEI�'lC"IIIIIF='IIIDImmIIC� FUNDS PO ��BOX 1129, KEY WEST, 3041-1129 N "low, AY II 7 Y NIPoMI IYI ❑ Cert#776 Bidder#452747 IBARRA LUIS CARLOS JR ❑ If Received By Please Pay 2424 Pensacola Rd Big Pine Key, FL 33043-6321 ❑ Sep 30,2024 $2,525.10 PliL.I MAKE CHECKS I IIIE;"1`0- Iu PIII..IIIIIiASIII IIf10 IIXI "I"WIITIII"I"'lII'iI IIIIIF"JII.OW"I"'I°IIII,I III..IIIII III' SAID r11f'II;1:;IIL.II:1., LAX C:OIII" III 1 01333476 2023 7 5498 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 1 5499 J 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 5500 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 5501 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 5502