The URL can be used to link to this page

Item R06 R6 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: R6 2023-3057 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against ARTHUR J. FODERA and his property, 1330 Long Beach Dr., Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE23040005. ITEM BACKGROUND: CE23040005: This property has been the subject of a code compliance case for mandatory sewer connection (not compliant). The fines total $29,400.00 as of September 17, 2024, and will continue to accrue at $100.00 per day, until compliance is achieved. 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 present. The Special Magistrate found the property remained in violation and granted the County's motion to proceed with collections. The code case remains open for non- compliance and failure to pay outstanding fines and costs. The Monroe County Property Appraiser lists the Just Market Value of the property as $1,055,445. The property is not homesteaded and there are no pending foreclosure actions at this time. There is not 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, foreclosure, money judgment and/or writ of execution; 5503 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and/or 3. Release the lien. County staff recommends initiating litigation (option 1) against the property owners for injunction, foreclosure, money judgment and/or writ of execution. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money judgment actions for collection of unpaid fines and/or costs from a property owner. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: AIS Supporting does CE2300005 Fodera.pdf Resolution 057-2014 LIEN PROCESS.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 5504 BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) vs. ) Case No.: CE23040005 ARTHUR J. FODERA, ) Respondent(s), ) 1 ORDER AUTHORIZING FORECLOSURE AND/Old 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 �� w f a 4,at the Marathon Government Center, Marathon, Florida. John ' are Lanni limn Special Ma,as rate 1*,P,TIIFICX E.L)F Q R D F 11,, I he certify that his is a true and correct copy of the above Order. Nicole Petrick, Liaison "ERTI IC f1OF Sf-,I VICE I hereby certify that a trtie and correct copy of this Order,has been furnished to the Responderit(s) via land delivery /first class U.S. mail to Respondent(s) address of record NO the Monroe County Property Appraiser's Office and/off' Authori7ed.Represeaitative, N/A on on this; 301" .. �. day o Ma 2024. (-T11<1ic le etr�ick, Liaison .err. �_�.. ...,��.._.n...�. .�,..�......�..�.. 5505 �-)MONROE COUNTY CODE COMPLI�_ _�E MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23040005 Property Location: 1330 LONG BEACH DR., BIG PINE KEY, FL 33043 Parcel ID: 00317020000000 ARTHUR J. FODERA 315 DIX HILLS RD. DIX HILLS, NY 11746 5506 BRIEF FOR ARTHUR J. FODERA CE2304000: MOTION FOR COLLECTIONS 5130/20�24 hitt s:llmceeearch.mon!roecount -fl. ov/code/CE23040005 Monica Rodriguez Research Analyst - Monroe County _p 0 Q Subject Property - 1330 LONG BEACH DR., BIG PINE KEY, FL GrK Violation(s): 20-51.(a) mandatory connection/sewer (not compliant) Property is not in compliance Lien was recorded in the Official Records of Monroe County on 12/15/2023, Book 3254, Page 1853 and remains unpaid. 0 Lien $18,031.79 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. 5507 i BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23040005 ARTHUR J. FODERA, ) 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 1853 on the property that was the subject of the code compliance action described as: 1330 LONG BEACH DR. BIG PINE KEY, FLORIDA 33043 , MONROE COUNTY, RE# 00317020000000, 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 $11,531.79 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on May 30,2024 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS WHO WISH. TO PARTICIPATE IN THE HEARING SHOULD ATTEND END VIA ZOOM:WEBINAR. INSTRUCTIONS ATTACHED HERETO., Digitally 1.9—Ey Kelly Dugan Kelly Dugan_, .... Kelly M. Dugan Assistant County Attorney Fla. Bar No. 105870 Leta gaii-Kelivi�.i.).Moi�iroeCot�,iit 1"1.,.Go,v 1111 12"' Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this 25 day of Gr .......... 2024 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 101 0340 0000 L N 4201$ to..............._, , 315 DIX HILLS RD. DIX HILLS,NY 11746. �,M Olt t-all-- ITCom mmmmmmmmmmIT pli i '�e Department Code ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"7111t. 5508 County of Monroe The Florida Keys tP tj Code-Compliance pliance Department ww. '� Bommm`mJ of Cl7t1m1t Commissioners 2798 Overseas Highway Mayor holly Merrill Raschein, District 5 Marathon,Florida 33050 ::t, Mayor Pro Tent James K.Scholl, District 3 Voice:(305)289-2810 r� Craig Cates. District 1 FAX: (305)289-2858 �* Michelle Lincoln,District 2 A David Rice,District 4 lk"llx „ ARTHUR J. FODERA 315 DIX HILLS RD. DIX HILLS,NY 11746 March 18, 2024 Subject: Code Case: CE23040005 Location: 1330 LONG BEACH DR., BIG PINE KEY, FL 33043 Dear Property Owner, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on 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 ATTEND VIA ZOOM WEB:INAR. INSTRUCTIONS ATTACHED HERETO.The purpose of this hearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money judgment). Our records indicate that the violations remain on your property and the fines will continue to run until the property comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate location: Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305)289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305)453-8806 Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until the violations are corrected and the case is closed. Respectfully yours, Monica Rodriguez Code Compliance Research Analyst 305-289-2586 ;l c1&iLai er-rnott a c 1t o� a cc ttrtl -1 5509 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: �c 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 ebinar 1D: 898 1756 7983 International numbers available: https:Zlmcbocc.zoom.us/u k6 c x6ou 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. 5510 MONROE COUNTY CODE COMPLIArvCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23040005 Property Location: 1330 LONG BEACH DR., BIG PINE KEY, FL 33043 Parcel ID: 00317020000000 ARTHUR J. FODERA 315 DIX HILLS RD. DIX HILLS, NY 11746 5511 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT LRKGISTERK4 D MAIL RECEIPTS TRACKING Case Number: C C7210 4 goo 5 . , CERT #: 1606" o.3(lgo ojogq 11 42-4B GOOD SERVICE: NO SERVICE: co = 0 ru Er oST o 1'3 �m ark M C3 Oc' re rAd O & AR 2 2024 A M postag —0 M C3 LLT.,—p.mag" co SON ray 0 C3 iiipa M5k'ffj 3 5 D . .. Dix ..4f.... .... ......... .... .. ......0.. . . ........*.................. ix 41 11 4 . .......................... 5512 r \\ M�.4ROE COUNTY CODE COMPLIAN_c AFFIDAVIT OF POSTING CASE: CE23040005 INSP: PHILLIPS, RODNEY 1 Monroe County Code Compliance, declare under penalty of perjury, that I poked the property owned by: FODERA ARTHUR J , described as 1330 LONG BEACH DR , BIG PINE KEY, FL 33043 , having the property RE#: 00317020000000 with the Notice of Hearing for this case with a Hearing Date of 05/30/2024. THIS NO ICE WAS POSTED AT: 11 SUBJECT PROPERTY`AS STATED ABOVE Date; - 08- zap Time: Q- " SCE Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Dater Time:. Monroe County Courthouse —3117 Overseas Highway, Marathon, Florida Date: - o — Time: 1 Z Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: d Signature: —�--�— Sworn to and subscribed before me this g day of 2024. v LISAS.MARSHALL MY COMMISSION#HH070328 NotaryPublic, State of Florida n a„° EXPIRES:December 8,2024 Bonded Thru No Public Underwriters CERTIFICATION OF MAILING: 1, 1 l ` ( 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: FODERA ARTHUR J , 315 DIX HILLS RD , DIX HILLS, NY 11746 . Signature: CL Sworn to and subscribed before me this day of Al J Al Notary Public, State of Florida NICOLE M.PIS I RICIK 14y COMMISSION#HMI'20,`IO2 ova o` EXPIRES,Jerru" .2,026r 5513 " PlUDUC NOT ff .......... wa -jvc/ o PROPERTY POSTIN'G CE23040005 1330 LONG BEACH DR. BIG PINE KEY 05/08/2024 INSPECTOR: PHILLIPS 5514 11 u, i j 4 i I i F �f�� uuuuuuuu uuu udV J� COURT POSTING CE23040005 1330 LONG BEACH DR. BIG PINE KEY 05/08/2024 INSPECTOR: PHILLIPS 5515 County of Monroe The Florida Keys D `w Board of Count 'onrinls,^sloners Code Compliance Department ✓ r ��. 2798 Overseas Highway Mayor Holly Merrill Raschein,District 5 Marathon,Florida 33050 Mayor Pro TernJames K.Scholl,District 3 Voice: (305)289-2810 � '� Craig Cates,District 1 FAX: (305)289-2858 r �' Michelle Lincoln,District 2 r David Rice,District ARTHURJFODERA 315 DIX HILLS RD DIX HILLS,NY 11746 Feb 28, 2024 Subject: Code Case: CE23040005 Location: 1330 LONG BEACH DR BIG PINE KEY,FL 33043 Dear Property Owners, The purpose of this letter is to inform you that Monroe County,Florida has imposed a lien against your property as a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the fines continue to accrue in the amount of$ 100.00 per day until the property comes into compliance. A daily fine of$100.00 per day has currently accrued for 92 days for a current total of$9200.00 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 $431.79 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 $ 9,631.79 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 5516 County of Moraroe The Florida Keys tn't�dtwm L L)M)Ilm t we De LAr'trlie it Board trl tmarruntv C orninissintiers 2798 Overseas Highway ✓� �irtt� t M ryor Holly Merrill Rascheitt District 5 Marathon,Florida —33050 r Mayor Pro Tem Jarnes Scholl,District.3 � fib.."' Voice: (305)289-2810 Craig Cafes.District 1 FAX: (305)289-2858 s�t A �° Michelle Lincoln,District ' David lace,Districr.4 G " y ARTIHUR J FODERA 315 DIX HILLS RD DI%HILLS,NY 11746 December 15, 2023 Subject: Code Case CE23040005 Property Location: 1330 LONG BEACH DR, BIG PINE KEY, FL 33043 Real Estate No.: 00317020000000 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 12/15/23, Book 3254, Page 1853. The current amount of the County's lien is $ 2,13t.79 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real and/or personal property you own. You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon, Florida 33050. The County will then provide a Release and Satisfaction of Lien to you. If you have achieved compliance, please contact your Code Inspector at the appropriate location. Middle Keys: 2798 Overseas Highway, Suite 330, Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway, Key Largo, FL 33037 (305)453-8806 Respectfully yours, Nicole Petrick. Liaison For questions regarding this letter, please contact your Inspector. Rodney Phillips 305-289-2819 5517 Doe#2444273 Bk#3254 Pg#1853 Elect ^ically Recorded 12/1 12023 at 9:48 AM Page-,, Filed and Recorded in Official Records o, .AONROE COUNTY KE'VIN MADO'1 ElectronicallyREC: S61.00 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. ARTHUR J FODERA Case No.: CE23040005 Respondent(s). Subject Property Real Estate Number: 00317020-000000 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 May 25 2023 did not contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth and attached hereto. (x) The Respondent(s)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 fTHE 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,finals)in the dollar amount: 20.51..a 100.00 for each dayy BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby OWRED. (x) It is further ordered that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any lanes Ordered in this matter. ( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance, The Respondent(s)shall pay the total amount of cost and/or fines( )to Monroe County Code Compliance within thirty(30)days of this Order, (x) The Special Magistrate incorporates by reference the allegation(s)in the Notice of Violation/Notice of Hearing(attached hereto)and lindis the allegation(s)wastwere established by the County's Witness(es), Evidence and/or Exhibits that were introduced and accepted at the hearing. ( ) Other; _-- Page 1 5518 Doc.#2444273 Page Number: 2 of 7 In the event of nonpayment of fines and/or costs unposed on Respondents)„a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on Respondents), the violation or violations exist and upon any other real or personal property owned by the violator The County may institute foreclosure proceedings if the lien remains unpard for three months and/or may sue to recover money judgment fr�r the amount of the lien plus accrued interest. Piease make checks payable to Monroe County Code Com fiance and mail to: Monroe County Code Compliance, Attu: Office of the Liaison, 2798 Overseas Hwy.,Suite 330, Marathon, L 33050, IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE A 305 453-6606THE UPPERKEYS: 305 26'9µ2810 OR THE MIDDLE KEYS; 305 295.4343 FOR THE LOWER KEYS. DATED this 26t' day of M�a 2023. Jo Van Lani m,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 Cl her certify that this i true and correct copy of the above Order. icole Petrick, Liaison CASE NUMBER: CE23040005 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: ARTHUR J FODERA 315 DIX HILLS RD DIX HILLS, NY 11746 Location of subject property: 1330 LONG BEACH DR BIG PINE KEY, FL 33043 Real Estate Number: 00317020-000000 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 1 first class U.S. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as refer d above and/or uthorized Representative N/A on this 261h day of May ,2023. .......--_-------� Nicole Petrick, Liaison Page 2 5519 Doc.#2444273 Page Number: 3 of 7 County of Monroe q Code Compliance Department 2798 Overseas Highway . ' Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING To: ARTHUR J FODERA Case Number: CE23040005 315 DIX HILLS RD DIX HILLS NY 11746 Location: 1330 LONG BEACH DR BIG PINE KEY FL 33043 Re Number: 00317020000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 04/03/2023 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. *a`*CONTACT INFORMATION IS ATTACHED**-i' 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. ETITIO ER'S EXHIBIT 1 I o � I 5520 Doc.#2444273 Page Number: 4 of 7 (Z) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 05/25/2023 at 09:OOAM at the Monroe County Government Regional Center,2798 Overseas Hwy.,Marathon,Florida. ALL ER PERTY OWNERS WHO WISH PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM °'I EB,INAR, INSTRUCTIONS ATTACHED HERETO. (V) 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 Petijck Nicolecn monrmmoecountN 1"1.o \, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: httl,s;//monroecounl`[1 jexll°euetit.com. f ou are re utithe: case l%Se inyrearation for your hearing, our request should be submitted _ han to .�. no less than ten 1.0) da grit— _your ctcduled 1earn�,. 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. PETITI NER'S EXHIBIT 5521 Doc.#2444273 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 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 341? 1co . 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 EXHIBIT a 5522 Doc.#2444273 Page Number: 6 of 7 Connection to the Central Sewer System Contact Information • 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 Kegs • 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 l+�wer 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 o 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 EXHIBIT Open Monday- Friday 8:00 to 4:30 5523 Doc.#2444273 Page Number: 7 of 7 Special Magistrate Hearing - May 25th, 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: I-ittps:81-ncbocc.zoo rn.us_ ' 813O3011038 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: h1tps:1 mcbocc.zoom.us uJ k�vEVPwFCF PETITIONER'S EXHIBIT l 5524 w„ County of Monroe Code Compliance Departmentm 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING � w................. To: ARTHUR J FODERA Case Number: CE23040005 315 DIX HILLS RD DIX HILLS NY 11746 Location: 1330 LONG BEACH DR BIG PINE KEY FL 33043 Re Number: 00317020000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 04/03/2023 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. (vjZ PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 05/25/2023 at 09:OOAM at the Monroe County Government Regional Center, 2798 Overseas Hwy.,Marathon,Florida. ALL PROPERTY OWNERS, WHO DISH TO PARTICIPATE IN THE HEARING SHOULD A"I'TEND VIA ZOOM 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 l ctt°ick Nicole@,iiotis•(mm)c._ (.� b a lea , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: � ]]W qLWSLC0111. If VOU are reguesting the case file in pre aralian for ogr Hearin/N our re nest ShOL11d be submitted no less than ten 10' day s rior tca Baum schedraleci hea°im , 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, EM 5526 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, RODNE �c 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 x - to Code Compliance Department IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". 1 ui 5527 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 " ' " 5528 Special Magistrate Hearing - May 25th, 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: M M ii . mm_ Wm ,III III F F 5529 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTS REGISTERED MAIL RECEIPTS _ Complaint Number : ov CERTkw # �W GOOD SERVICE: NO SERVICE: r „ a 411 1:4 rk. . .. Q ru Vum uuuuuuu ill uuul Illllllllillill tlll . O AL m ru M 8r1R;7d W5J Farm w �.m ...__ � '. �� 4ere �� O �s� aros la a op r.�°raoaw,��s x Fr � °� d�u '4 W p � ar�cpny� � � ., a,�� Mw �o C:j �..II�alwirm�IHo�cealllpR Q6alantuuainYe�p O VQ,�,rni�i �iro�uu�c rrlcaca� a $ y"�6laioW';ar�rnra�uiYr�u��ap�rir ..... �. aogna�urs Ho aY�ded don ry$$ P ��n } rl du ru r rq Total cr W d sentrq CD T �d�1�lt��S T� ' �P� � �s h��r sox,war m- r,.„ �=3m1'..��;p •• .:sr.asa a ll r J �Y, a i; w o 5530 M�_.,d ROE COUNTY CODE COMPLIAN AFFIDAVIT OF POSTING CASE: CE23040005 INSP: PHILLIPS, RODNEY I Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: FODERA ARTHUR J , described as 1330 LONG BEACH DR , BIG PINE KEY, FL 33043 , having the property RE* 00317020000000 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: 4) d I-- Time: la Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Timer. 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 t�_ g 2023. , LISAS.MARSHALL MY COMMISSION#HH 070328 Notary Public, State Of Florida EXPIRES:December 8,2024 v e;` Bonded Thru NoWy Public underwriters CERTIFICATION OF MAILING: L„ 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: FODERA ARTHUR J , 315 DIX HILLS RD , DIX HILLS, NY 11746 l� Signature: Sworn to and subscribed before me this T day of 2Q23. a Notary Public, State of Florida o , ERIKA NOD".AL issiio State 3 Florida Commission r s Noy 7,2023 My Comm.Expires Nov Notary Assn.', � A idea through National Notary Assn ,� 5531 11 I rr . i' „.. / J�f I � �r��l�f� � �1tf�r,� /U n �i J P f �lil!,+�'( fir'✓ I rt� f � c" ' f �'hVfil�1>9/��w�ivA� UP 1 ri5 i�Hr PROPERTY POSTING CE23040005 1330 LONG BEACH DR., BIG PINE KEY 05/04/2023 INSPECTOR: PHILLIPS 5532 M ROE COUNTY LODE COMPLIAN AFFIDAVIT OF POSTING CASE: CE23040005 INSP: PHILLIPS, RODNEY tit # Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: FODERA ARTHUR J , described as 1330 LONG BEACH DR , BIG PINE KEY, FL 33043 , having the property RE#: 00317020000000 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: a a — Time: /a 1 /a-- Plantation Key Courthouse —88820 Overseas Highway, Tavernier, Florida Date: Time. Signature:Sworn to and subscribed before me this day of 20 23. ?, USA S.MARSHALL w Mv COMMISSION#HHo7os2e Notary Public, State of Florida q EXPIRES:December 8,2024 a;;P� Banded Thru Notary Public Underm tern CERTIFICATION OF MAILING: I l %911�.11( , 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: FODERA ARTHUR J , 315 DIX HILLS RD , DIX HILLS, NY 11746 Signature: Sworn to and subscribed before me this Lt day of 1)�" 20 Notary Public, State of Florida f VIKA G rr R, 1 M; a „ Xndl 'ari 'ItR ati.r r �,Q 5533 , f �HOr+alrJ" t coulity of, ^°.� � rotJv,� nrs��havUa'�✓� l� // �%//// r "`IYI'II,if, IT 1Of,A'I"140?,?U 11I ta I110w"Ni f i" ,,it11IiK,ilk 00U,RA c,J,,,Nulzo*,, f,(�-,"rW'wwrs a� ol�tul,i.�r, 1174„ �i l i on,A 90 l VYt 81 I01 Dk HIL 11I.101"�KEN KI„,,V*41 R,1, bt+t ru1i17142I,1(NIi4}n lf/ ( r ��/ ia,, ,,14.,,.ti,ri.ro; /W D `%8''41txS4li17r k oMAI,R,o, � �.howl:k,,dqi .!,. i Jr'/I'm, ffNl i4/ /V,uy w P/wn M/I u�9dl�rn, ut rJ rfr ,y,rJi /i9 f. r J @ I/ d 1 04ma,aff a'M aVOW utli urr r it ,, i Ur ,ct�trle„ati It f� r/ iifl,af ` %� iiii�0/ii H r+Irn Ir rin ➢i ��a➢ �Wru*,xrn Aiyrr�rq„ i �t tl I v'H II/r w+rJ1 / Hfll iat r/ f l HI J/?I ti P1/}I�LJrI➢1 � r�1� yfo fIf 5 tf,IS ✓J(r lU /.UffVI&7)NIw9tl4 �+Mk,„irA➢(i)�&/U 4Hw Ar4V//�79J f/➢h(ffil a H J / rffuff 4iruw�u&wr n�"Tv r/43vliJr/Y11iraJ� of rr Jrp Jr rr tovow,hh; JgJi ,. ii/r � I papal bld f!➢ir Un /g vy 4r>u dl/ �// %� ��/ 1 h Ha / dn,d fy�/r wH✓hl t�f-Jra 4b/l;w fl/wrc!'u �n,,. . . ,,,, ��i ,,,/i, ,,,,,,//%/�%��...,� ��',., ..� raz „�r�ad ii rir� ddrW,rr"arwm ua/A orj Mf/J / COURT POSTING CE2304040005 1330 LONG BEACH DR., BIG PINE KEY ��,,,/��,;;;!�%��% 05/04/2023 INSPECTOR: PHILLIPS Ill it//i 5534 ? rr f �l � r,/��/f/i i� �'um"��/�'�)��u�f��r� r, i f�1i1, ,wr ��%r%//o ', way'o��r� "� �� 1Gi �,i�i�✓ � �, i 1a r a� J m y p r r CE23040005 1330 LONG BEACH Dr., BIG PINE KEY 04/06/2023 INSPECTOR: PHILLIPS 5535 Monroe County Florida Keys SIN ry 1100 Kennedy Drive Y 1100 Simonton St Aqueduct Authority The Florida Keys Key , y w Key West,Florida 33040 Telephone F305 0 89 2500R Telephone(305)296-2454. P ( ) J fly„,u --_ru ,r m......_ ° v rnGa a�adA�l #1,+p.. , 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 www.,C�.r� Wastewater` o • Otherwise, you may contact these specific agencies for any assistance: s Florida Department of Health; (305) 676-3908-Septic tank/cesspit abandonment or cistern conversions m Monroe Couint Buildin De artment: (305) 289-2501- Monroe County permitting information • Florida K r creduct.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 iiLnfo@fkaa.com or call (305) 296-2454. 5536 921489013247340012141 FODERA ARTHUR J 315 Dix Hills Rd Dix Hills NY 11746-7824 UNITED STATES 55002 92148901324734001214155002 Standard Printed 07,129Y20 17:15 EDT 92143901324734001214155002 Standard Pre-Shipment Info Sent to 07,130/20 10:27 EDT 48502 USPS 92148901324734001214155002 Standard Provided to postal 07/30120 14:34 EDT 48502 processing facifity 92148901324734001214155002 Standard Shipment Acceptance 07/30120 16:26 EDT 48502 92148901324734001214155002 Standard Origin Acceptance 07/31/20 19:19 EDT 48502 92148901324734001214155002 Standard Enroute/Processed 07/31/20 20:34 EDT 48340 92148901324734001214155002 Standard Enroute/Processed 08/03/20 08:39 EDT 11747 92148901324734001214155002 Standard Enroute/Processed 08/03/20 12:01 EDT 11747 92148901324734001214155002 Standard Dispatched from Sort 08/03120 20:51 EDT 11747 Facility 92148901324734001214155002 Standard Arrival at Unit 08/04/20 06:32 EDT 11746 92148901324734001214155002 Standard Out for Delivery 08104120 07:10 EDT 11746 92148901324734001214155002 Standard Delivery Status Not 08105/20 01:10 EDT 11746 Updated 92148901324734001214155002 Standard AVAILABLE FOR 08/16/20 14:35 EDT 11746 REDLVRY OR PICKUP 92148901324734001214155002 Standard Unclaimed 09123/20 11:08 EDT 11746 92 1 48901 324734001 21 41 55002 Standard Enroute/Processed 09/25/20 05:11 EDT 10199 92148901324734001214155002 Standard Enroute/Processed 09/28/20 23:10 EDT 33152 92148901324734001214155002 Standard Enroute)Processed 10,101120 13:12 EDT 33152 92148901324734001214155002 Standard Enroute/Processed 10!06/20 19:53 EDT 33152 92148901324734001214155002 Standard Enroute/Processed 10/06/20 20:09 EDT 33152 92148901324734001214155002 Standard EnrouteiProcessed 10107/20 18:00 EDT 33152 92148901324734001214155002 Standard Enroute/Processed 10/07/20 21:07 EDT 33152 92148901324734001214155002 Standard Delivered 10108120 12:57 EDT 33045 USPS Tracking Information of Certified Mailing-Reminder to Connect to Central Wastewater System Tracking Information Provided by Florida Keys Aqueduct Authority on 1-14-21 37 9/17/24, 11:04 AM gPublic.net-Monroe County,FL-Report:00317020-000000 Monroe County, FL "PROPERTY RECORD CARD" Disclaimer The Monroe County Property Appraiser's office maintains data on property within the County solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valorem tax purposes of all property Within the County,The Monroe County Property Appraiser's office cannot,guarantee its accuracy for any other purpose.Likewise„data provided regard in one tax year mayy not b applicable in prior or subsequent years,By requestin such data,you. hereby understan and agree that tk e data is intended for ad valorern 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 00317020-000000 Account# 1390526 Property ID 1390526 MillageGroup 100H Location 1330 LONG BEACH or,BIG PINE KEY r. Address Legal LT 30 LONG BEACH ESTATES SEC A BIG PINE KEY PB5-38 OR580-235 OR581-769i, Description OR786-965OR1226-1594/95OR1226-1594/95OR1616-2141/42OR2577- 2063/64C/T O R2626-506/07 QIlq to Not to Ibe used on Ilega9 a ocuurnents.) Neighborhood 519 Property Class SINGLE FAMILY RESID(0100) Subdivision LONG BEACH ESTATES SEC A Sec/Tw /Rng 01/67/29 Affordable No %/fir%uGr� J � - Housing13 NO- Owner FQQE RA Ala1 HUR J 315 Dix Hills Rd Dix Hills NY 11746 Valuation 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values + Market Improvement Value $165,425 $156,195 $170,559 $152,906 + Market Misc Value $15,568 $15,568 $15,568 $15,568 + Market Land Value $874,452 $818,157 $559,200 $480,387 = Just Market Value $1,055,445 $989,920 $745,327 $648,861 = Total Assessed Value $863,634 $785,122 $713,747 $648,861 School Exempt Value $0 $0 $0 $0 School Taxable Value $1,055,445 $989,920 $745,327 $648,861 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2023 $818,157 $156,195 $15,568 $989,920 $785,122 $0 $989,920 $0 2022 $559,200 $170,559 $15,568 $745,327 $713,747 $0 $745,327 $0 2021 $480,387 $152,906 $15,568 $648,861 $648,861 $0 $648,861 $0 2020 $504,825 $155,455 $15,568 $675,848 $675,848 $0 $675,848 $0 2019 $516,750 $155.455 $15,568 $687,773 $687,773 $0 $687,773 $0 2018 $516,750 $155,455 $15,075 $687,280 $640,477 $0 $687,280 $0 8 he Maxiilin um Poiriaah ihty oaa an asfirnaate only and adho ulld inot he ira=Iluared upon as Hirai aactuuaall darairt:allrBduLy aau'msaaunL Contact aaeur aoffice to ve 1,iiP'y'y'llre¢,aac U ad Iportaal ilRy acerrraMl[rt. Land Land Use Number of Units Unit Type Frontage Depth RES WATERFRONT(010W) 13,900.00 Square Foot 100 150 (9500) 0.03 Acreage 0 0 https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l706452657&KeyValue=0031702C 5538 9/17/24, 11:04 AM gPublic.net-Monroe County,FL-Report:00317020-000000 Buildings BuildinglD 16530 Exterior Walls ABOVE AVERAGE WOOD Style STILT 1 STORY Year Built 1980 Building Type S.F.R.-R1/R1 EffectiveYearBuilt 1980 Building Name Foundation CONC PILINGS Gross SgFt 3920 Roof Type IRR/CUSTOM Finished Sq Ft 1489 Roof Coverage METAL Stories 2 Floor Flooring Type PLYWD/PR BD Condition AVERAGE Heating Type NONEwithO%NONE Perimeter 171 Bedrooms 2 Functional Obs 15 Full Bathrooms 2 EconomicObs 0 Half Bathrooms 0 Depreciation% 42 Grade 500 Interior Walls DRYWALL Number of Fire PI 1 Code Description Sketch Area Finished Area Perimeter FLA FLOOR LIV AREA 1,489 1,489 0 LLF LOW LEV FIN 1,393 0 0 ODU OP PR UNFIN UL 501 0 0 OUF OP PRCH FIN UL 537 0 0 TOTAL 3,920 1,489 0 Yard Items Description Year Built Roll Year Size Quantity Units Grade UTILITY BLDG 1979 1980 10 x 10 1 100 SF 1 WOOD DOCKS 1979 1980 16x34 1 544SF 4 WALLAIRCOND 1987 1988 Ox0 1 1UT 2 CH LINK FENCE 2001 2002 4x100 1 400SF 3 Sales Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 4/25/2013 $350,000 Warranty Deed 2626 506 12-Unqualified Improved 6/29/2012 $100 Certificate of Title 2577 2063 12-Unqualified Improved 8/1/1992 $239,000 Warranty Deed 1226 1594 U-Unqualified Improved 1/1/1979 $5,000 Conversion Code 786 965 Q-Qualified Vacant Permits Number 0 Date Issued 0 Date Completed 0 Amount 0 Permit Type : Notes 0 034842 2/3/2004 6/22/2004 $16,000 Residential ENCLOSER 3707 5/1/1978 2/1/1979 $1 Residential FENCE 34418 11/1/1975 12/1/1975 $250 Residential DOCKS 534 8/1/1975 10/1/1989 $38,000 Residential SFR View Tax Info yk,wTa xes kw 6hk Pjrctal Sketches(click to enlarge) https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerID=9946&PageTypelD=4&PagelD=7635&Q=l706452657&KeyValue=00317020 5539 9U7/24 11:04Aw nPublic.nv« Monroe County,R''Report:00017O2n-000000 oUU is IT- 17 LLF 17 20 17 FLA 17 20 4 FILA); 8 20 Photos NOW Ail hftpo:xupumin.00mnoiuonmnp.oum/Appnmmon.00pxvAppm~000uLayonm~oo4euPuoolypo|o~4mPano|o~7snouQ~1 uo~00017ouo5540 9/17/24, 11:04 AM gPublic.net-Monroe County,FL-Report:00317020-000000 Map G I. TRIM Notice Schneider GIEOSPATIAL User PrWcy Policy G—PPR P riv acb r plt,us e 14m,t Data,t pa pgcN:9117/2 24,6:42•22 AM https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=1706452657&KeyValue=00317020 5541 ft IIOOuI ulrm0l County III t 0 1 ;0ol x NOTICE OF Aid VALOREM TAXES AND NON-AD VALOREM �i� �� Steele � �,� � uul � Real ASSESSMENTS 1390526 100H 1390526 M � d FODERA ARTHUR J 00317020000000016729 o 0 ' 315 Dix Hills Rd 1330 LONG BEACH Dr 1 r` r I Dix Hills,NY 11746-7824 O A LT 30 LONG BEACH ESTATES SEC A BIG PINE KEY v N c PB5-38 OR580-235 OR581-769 OR786-965 N o w OR1226-1594/95 O N LO _ C) aC a �I l TAXING AUTHORITY TELEPHONE ASSESSEDVALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 989,920 0 989,920 1.0980 1,086.93 SCHOOL LOCAL BOARD 305-293-1400 989,920 0 989,920 1.7980 1,779.88 GENERAL FUND 305-292-4473 785,122 0 785,122 0.8923 700.56 F&F LAW ENFORCE JAIL 305-292-7017 785,122 0 785,122 1.7880 1,403.80 HEALTH CLINIC 305-293-7500 785,122 0 785,122 0.0388 30.46 GENERAL PURPOSE 305-292-4473 785,122 0 785,122 0.1765 138.57 MOSQUITO CONTROL 305-292-7190 785,122 0 785,122 0.4344 341.06 M C LOCAL ROAD PATROI 305-292-7017 785,122 0 785,122 0.3118 244.80 SFWM DIST 800-432-2045 785,122 0 785,122 0.0948 74.43 OKEECHOBEE BASIN 800-432-2045 785,122 0 785,122 0.1026 80.55 LOWER&MIDDLE KEYS F 305-292-4473 785,122 0 785,122 1.6932 1,329.37 EVERGLADES CONST PR, 800-432-2045 785,122 0 785,122 0.0327 25.67 AD VALOREM TAXES: 8.4611 $7,236.08 Bff L EXPRESS 00 .�1.�, PAY � m 1"""I E! LEVYING AUTHORITY TELEPHONE UNITS AMOUNT ® MO CO SOLID WASTE 305-295-4323 1.000 457.15 ■ MO CO WW:CUDJOE OUTER ISLAND 305-289-6051 1.000 310.29 NON-AD VALOREM ASSESSMENTS: $767.44 IP WWmII1III4IRCIIP!"1AXCOLIIII, °III°CIIIt� OL6 CalllIII;"r t'tllllll..l.S IIICtY E:IIIAAJlIL $8,003.52 sp p A 1. OUO Ii .. :'h aw" II 1 m 390526 I O ul°:i ul 0 . 1)0 I 3.3 29, KEY WEs"'r, F1 OOP A .."3 1.29 300�295-5000 I)AY Y 0 11''I U III " EMMOTO, � � mi ruin ti � � ��ti u ° r u ` � - .r >tia i ❑ May 31,2024 $0.00 FODERA ARTHUR J ❑ 315 Dix Hills Rd Dix Hills, NY 11746-7824 ❑ frll...EASI:::'.I l I~CIII IFAYASl...lf..','ro: PIII.II1'il!ASE'm I11 1 IINt�O"'1"'WIIF t.11h''!113111';1.0W"'T'HiS 111.1II EII SAIIA S' ..:,E'11...E °T COII...O E'C C Olf U.S. FUNIDS OM...Y Paid 05/23/2024 Receipt# 103-23-00000870 $8,271.43 5542 Paid By FODERA ARTHUR J 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 5543 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 5544 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 5545 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 5546