Item P09 P9
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
December 11, 2024
Agenda Item Number: P9
2023-3393
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall
N/A
AGENDA ITEM WORDING: Approval of resolution amending lien arising from Code Compliance
Case CE09080061.
ITEM BACKGROUND:
The County has had two Code Compliance cases against the property located at 1492 Aqueduct Lane in
Key Largo owned by Marcel Capo: Case CE09080061 (the "2009 Case") and CE13100185 (the "2013
Case"). The 2009 Case involved notices of violation for several items, one of which was an
unpermitted screened porch enclosure. In the 2009 Case, the property owner signed a Stipulation
admitting to the violation. When the violation was not corrected by the compliance date specified in the
Stipulation, a hearing was held and the Special Magistrate issued a final order finding the property
owner in violation. (Attachment A.)
In 2017, the County filed a complaint initiating an action arising from the 2009 Case and the 2013
Case. At a recent hearing, and notwithstanding the fact that he had previously signed the Stipulation
admitting to the violation in the 2009 Case, the property owner mentioned that he thought the screened
porch enclosure was "grandfathered in." Upon hearing this statement, and despite the fact that the
property owner had signed the Stipulation, Code Compliance conducted an in-depth investigation.
Code Compliance discovered that a 1993 permit for an "awning" and slab had been issued. After
careful inspection of the 1993 permit, Code Compliance forwarded a copy of the permit to the Building
Official, who issued an opinion on 11/20/2024 opining that the 1993 permit for awning and slab covered
the screened porch enclosure. As such, the County Attorney's Office recommends approval of a
resolution amending the lien to remove all of the fines and all but $202.54 of the costs attributable to
the 2009 Case.
This resolution will result in the elimination of fines in the amount of$260,900.00 as of 11/25/2024 and
costs in the amount of$1,540.75 on Code Compliance Case CE09080061. Remaining costs on the
case: $202.54. Fines and costs in an unrelated sewer connection case from 2013 remain as is and will
be unaffected by the resolution.
4959
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Capo Resolution -2024, with amendment of final order and partial release of lien.docx
Attachment A Final Order CE0908006I.pdf
Attachment B Stip for EOT CE0908006I.pdf
FINANCIAL IMPACT:
Elimination of fines in the amount of$260,900.00 as of 11/25/2024 and costs in the amount of
$1,540.75 on Code Compliance Case CE09080061. Remaining costs on the case: $202.54. Fines and
costs in the 2013 Case remain as is.
4960
RESOLUTION NO. -2024
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING THE LIEN ARISING FROM CODE COMPLIANCE
CASE CE09080061, RECORDED IN THE OFFICIAL RECORDS
OF MONROE COUNTY, BOOK 2484 PAGES 197-201 AND
BOOK 2484 PAGES 202-204.
WHEREAS, in 2009 and 2013 the County initiated two Code Compliance cases against the
property located at 1492 Aqueduct Lane in Key Largo owned by Marcel Capo ("Subject
Property"), to wit, Case CE09080061 (the "2009 Case") and CE13100185 (the "2013 Case"); and
WHEREAS, in the 2009 Case, the County issued notices of violation of Monroe County Code
of Ordinances for several items, one of which was a screened porch enclosure; and
WHEREAS, in the 2009 Case, the property owner signed a Stipulation admitting to the
violations; and
WHEREAS, a hearing was held before the Monroe County Code Compliance Special
Magistrate, following which the Special Magistrate issued a Final Order in the 2009 Case finding
the property owner in violation and setting a compliance date; and
WHEREAS,the property owner also signed a second Stipulation admitting to the same
violations and requesting an extension of time to comply ("Extended Compliance Date"), which
was granted; and
WHEREAS, all of the violations in the 2009 Case were corrected before the Extended
Compliance Date with the exception of the screened porch enclosure; and
WHEREAS,when the violation as to the screened porch enclosure was not corrected as of the
Extended Compliance Date, a certified copy of the Final Order from the 2009 Case was recorded
in the Official Records of Monroe County at Book 2484 Pages 197-201 (Attachment A hereto)
and a certified copy of the second Stipulation for Extension of Time was recorded in the Official
Records of Monroe County at Book 2484 Pages 202-204 (Attachment B hereto); and
WHEREAS, once recorded, the certified copy of the Final Order and the second Stipulation for
Extension of Time became liens on any and all real and personal property owned by property
owner Marcel Capo by operation of law, in according with F.S. 162.09(3); and
WHEREAS, in 2017, the County filed a complaint initiating an action arising from the 2009
Case and the 2013 Case, Monroe County v. Marcel Capo, 16'h Jud. Cir. Case No. 17-CA-312-P;
and
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WHEREAS, at a recent hearing, and notwithstanding the fact that he had previously signed the
Stipulation admitting to the violation in the 2009 Case, the property owner mentioned that he
thought the screened porch enclosure was "grandfathered in;" and
WHEREAS,upon hearing this statement, and despite the fact that the property owner had
signed the Stipulations, Code Compliance conducted an in-depth investigation into prior building
permits issued on the property; and
WHEREAS, after this investigation, Code Compliance discovered that a 1993 permit for an
"awning" and slab had been issued; and
WHEREAS, after a diligent review of the 1993 permit, Code Compliance forwarded a copy of
the permit to the Building Official, who issued an opinion on 11/20/2024 opining that the 1993
permit covered the screened porch enclosure;
WHEREAS, in light of this newly discovered information, the County Attorney's Office
recommends that the fines from the 2009 Case and costs from the 2009 Case with the exception
of$202.54 shall be eliminated. (The remaining costs were attributable to the other violations in
the 2009 Case. Although they were corrected prior to the initial compliance date, they did
require staff time to inspect the property and issue the Notice of Violation.)
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. Monroe County Board of County Commissioners waives and forgives all of the fines
accrued in Case No. 2009 arising from the Final Order recorded in the Official Records of
Monroe County at Book 2484 Pages 197-201 and the Stipulation for Extension of Time
recorded in the Official Records of Monroe County at Book 2484 Pages 202-204.
2. The Monroe County Board of County Commissioners waives all of the costs attributable to
Code Compliance Case No. 2009, with the exception of$202.54.
3. The lien on property owned by Marcel Capo that arose by recordation of Attachments A
and B is amended to remove all fines, and all costs with the exception of$202.54, which
remains unpaid.
4. A copy of this Resolution with Attachments A and B reflecting the amended lien shall be
recorded in the Official Records of Monroe County.
5. Fines and costs in the 2013 Case are unchanged.
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4962
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 1 lth of December 2024.
Mayor James K. Scholl
Mayor Pro Tem Michelle Lincoln
Commissioner Holly Merrill Raschein
Commissioner Craig Cates
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL) BY:
MAYOR JAMES K. SCHOLL
ATTEST: KEVIN MADOK, CLERK Approved as to form and legal sufficiency:
Monroe County Attorney's Office:
AS DEPUTY CLERK
3
4963
BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, ) fy
Petitioner„ ) Case No,CE I,t
vs. )
} Sum eat P operty Re f Estate No
C:j
l
Disap 1806400 09/21/2010 12:58PM
Respondent(s), F.il-sd 8 Recorded in Official Records of
11,JNROE MUNT'Y CANNY L. KOL14AGE
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Enforcement Inspectors)and/or witnesses under oath,the following
Findings of Fact and Conclusions of Law are ORDERED: ¢
The Respondent(s)and/or Authorized Reprosentative A AWMAd LOU1 are not
present and dl no contest the violation(s)set forth In the Notice of ViolationlNotice of Hearing which a incorporated herein as it fully set forth.
(v!Tha Respondent(sp is/are the ownar(s)of property located within Monroe County and was/wom duly noticed of the hearing.The Respondents)isfare in violation of
the Monroe County Code(s)as fully set forth in the Notice of Violat'onlNoticts of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an
amount to be determined at the conclusion of this case are berets levied for the adminnstrative recovery of the costs of prosecuting and investigating this matter.Costs
will continue to accrue until compliance is achieved a a losed. Furthermore,the Respondent(s)shalt comply with those Codafs}retorted to in the Notice of
Violation/Notice of Hearing on or before I b (i'THE COMPLIANCE DATE"J.
fn the event the violahonis)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH
HEREIN,fines)in the amount of:
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondents)isfare in violation islare hereby ORDERED.
S )a one time fine of$ is ORDERED,and the condition causing the violauon(s)is found to present a threat to the
putilic health,salety and welfare. it is further ordered,that the County is hereby authorized to make all reasonable repairs which airs required to bring the property into
correiiance and charge the respondents)with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter.
f p The Respondent(s)Ware ordered to attend a compranoefreview hearing to be held on 23_
it IS THE RESPONDENTISI RESPONSIBILITY TO REQ1JEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY 13 COMPLIANT BY CALLING
CODE ENFORCEM NEAT(305 4l&ii FOR THE UPPER HEY 305 282-.2.8.10 FOR TH IDDLE • 3 7g 95 FOR THE LOW—R-
-In the event of nonpayment of ones and costs imposed on Respondent(s),a certified copy of this Order may be recorded In the public records and shall
thereafter constitute a lion against the land on which 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 unpaid for three months.Pleaso make checks payable to Monroe County Code
Enforcement and mail,to:Monroe County Code Enforcement Attn:Office of the Liaison,2798 Overseas Hwy.,Suite 33C Marathon,FL=$0,
( ) The Respondents)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of ViolationlNotice of Hearing fled in this case and did not
come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondents)shall pay the total amount of cost and/or fines
$ )to Monroe County Code Enforcement within thirty(30)days of this Order
C*cld 18,06400
Via 2484 P90 197
DATED this day of
LARRY J.SA at Magistrate
APPEAL PROCEDURES
Respondent(s)shall have air days from the date of the forogoing Order of the Special Magistrate to appeal said Order by Piling a Notice of Appeal,signed by
the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER
°'"{;',IJAHT TO S'ECTt0.11!u:."f :nr^.,";;t�A STATLI",ES. ANY SUCH APPI-11.WILL BE L; TI=TO APPELLAd'c miEVIE4 OF`,I E RECORD CRZA12D
BEFORE THE SPECIAL MAGISTRATE.ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER.
CERTIFICATE OF ORDER.AND SERVICE
I hereby certify that this is a Iris a f the above Order and that a true and correct copy has been furnished to the nt(s}and/or Authorized
Representative via hand detrva f t o1ass UAle,"to address of record with the Monroe County Property Appraiser°s Offce on this day of
2EX
HIBIT'
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e M, e . C �n -- P
4964
ON OE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
C*ca 1806400
Ski m *0!-484 Pga 198
Monroe County Code Enforcement
Petitioner
vs. Case Number: CE09080061
Capo, Marcel
Respondent(s)
STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME
OFFENSES
In the matter of: 1492 Aqueduct Lane, Cross Key Waterways, Key Largo
Re# 00468472-006300
Marcel Capo, (hereinafter referred to jointly and severally as "Respondent(s)"") and
Monroe County Code Enforcement ("Petitioner"), by and through the undersigned
individuals, hereby agree and stipulate to the following:
1. Respondent(s) agrees that I/we received the Notice of Hearing
issued in this case, and that a hearing is scheduled to be heard on DECEMBER 3, 20109
to determine whether the charges alleged in the Notice of Violation and Notice of
Hearing are accurate and supported by substantial evidence ("Hearing").
2. Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter.
I
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4965
"1
31. Respondenit(s) understands that he/she could appear at the
Hearing and contest any evidence to be submitted by Code Enforcement, However, by
entering into this Stipulation, Respondent(s) understands and agrees that:
(a) He/she need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respondent(s); and
(bi) Any evidence in the Code Enforcement file will be deemed,the record
in the case; and
(c) He or she waives the right to appeal any finding of violation or order
that he or she would otherwise have under Section 162.11, Florida
Statutes.
4. The parties agree that the property will be checked for compliance
on March 18, 2010.
5. The Respon:dents, agree to pay all costs incurred in prosecuting the
case wiithin 30 days of compliance date set forth in paragraph 4, and that such costs
shall be imposed as a lien under Section 162.09(2)(d), Florida Statutes, and Monroe
County Code section 8-29(b).
6. The parties agree to a fine of 1200.00 per day that shall accrue
daily and may be imposed against the Respondent(s) and recorded as a lien against the
property and upon any other real or personal property owned by the Respondent (s), if
the property is not brought into compliance within the time specified in paragraph 4.
D=W 1806400
Skg 2484 Pg1l 299
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7. The Respondent(s) understands that if the Respondent(s) fails to
comply within the time given, the fine(s) shall accrue each day the violations) remain as
follows:
110-140.0) $25.00, oer SLaA
130.186. $25.00 ter day
6-27.(b)(2)h $1001.00 per day
17-2(a) $25.00 per day
17-2(b) $25.00 per day
8. The parties understand and agree that the Respondent(s) may
revoke this Stipulation within 5 days, of the signing of this stipulation. Such revocation
must be done in writing or done in person with, Inspector Diane Link, no later then the
end of the business day November 25
,_2009,
9. Resp,ondent(s) agrees and represents, that Respondent(s) entered
into this Stipulation of the Respondent(s) s own free will. Respondenit(s) further
understands and agrees that he/she has the right to consult with counsel prior to signing
this Stipulation, and has done so or has elected to waive this right.
Cor.11 1806400
SIA 2,484 PgH 2�00
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4967
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By signing this Stipulation, both parties represent that they have READ,
UNDER�S7 00, AND CONSENT to its terms and conditions.
t nature of Respondent(s)/ Date Signature of s spin ent(s)/ Date
Print Name Print Name
STATE OF S'k0'-: �. STATE OF
COUNTY OF 'Cn6 C'�:: COUNTY OF
PERSONALLY APPEARED BEFORE ME, the PERSONALLY APPEARED BEFORE ME, the
undersigned authority, undersigned authority,
WY o I' 911w rapt) who, who,
after first being sworn by me, affixed his/her after first being sworn by me,affixed his/her
signature(name of individual signing) in the signature(name of individual signing) in the
s ce provided above on this � day of space provided above can this day of
NVDfARY PU13LIC NOTARY PUBLIC
My commission expires 1 20i�:- My commission expires 20—:
Pda-no of Raft t ! 1414 2484 Pgfl 201
ignature of Petitioner(Coo ty)P ate
SAC,-toj^
Nbw„a�eax CRYSTAL FAY SE88EN
Notary
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4968'
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MONROE COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
0-3cM 1806400
Monroe County Code Enforcement 6ka 2484 PqW 202
Petitioner
vs. Case Number CE09080061
Marcel Capo
Respondent(s)
STIPULATION FOR AN EXTENSION OF TIME TO COMPLY
In the matter of:
Re# 00468472.006300
—Marcel Capo (hereinafter referred to jointly and severally as
"Respondent(s)") and Monroe County Code Enforcement ("Petitionier"),, by and through the
undersigned individuals, hereby agree and stipulate to the following:
1. Respondent(s), agrees I/we received and signed the Stipulation
agreement on December 2, 2009. Under the Stipulated Agreement we agreed to a
compliance date of March 18, 2010. We are not going to be in compliance by that date.
2. Respondent(s) agrees that the violation(s) still exist in, the above
mentioned complaint as alleged in the Notice of Violation which was served in this matter.
(a) The parties are now agreeing to extend the compliance date.
(b) Respondent(s) understands that he/she need not appear at the Hearing
but instead, stipulates to extension of time to comply, and
(c) He or she waives the right to appeal any finding of violation or order that he
or she would otherwise have under Section 162.11, Florida Statutes.
3. The property will be checked for compliance on August 11, 2010 (New
compliance date). EXHIBIT
all
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4. The parties understand that a fine of __150.00 _ per day shall accrue
daily if the property is not brought into compliance within the time specified in paragraph 3.
5. The Respondent(s) understands that if the Respondents(s) falls to
comply within the time given, the fine(s) shall accrue each day the violation(s) remain as
follows:
6-27.(b)(2)h $25.00 per day
110-140.(1) $25.00 per day
6. The Respondent(s) agree to pay all costs incurred in prosecuting the
case within 30 days of compliance and that such costs may be imposed as a lien under
Section 11 62.09(2)(d), Florida Statutes, and Monroe County Code section 8-29(b).
7. Respondent(s) specifically agree that this Stipulation Agreement shall
be recorded in the public records of the County and shall constitute notice to subsequent
purchasers, successors in interests, or assigns that the violations of Monroe County Code
exists. This Stipulation, Agreement shall be recorded as a lien against the
property and upon any other real or personal property owned by the Respondent(s) if the
property is not brought into compliance by the date, specified in paragraph I
8. Respondent(s) agrees and represents that Respondent(s) entered into
this Stipulation of:the Respondeni own free will. Respondent(s) further understands
and agrees, that hie/she has the right to consult with counsel prior to signing this Stipulation,
and has done so or has elected to waive this right,
9® The parties understand and agree that the Respondent(s) may revoke
this Stipulation and that such revocation must be done in writing or done in person with
—inspector Link— by the end of business —March 12, 2010
By signing this Stipulation,, both parties represent that they have READ, UNDERSTOOD,
AND CONSENT to its terms and conditions. Doca 1806400
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Print Name
jignature of Respondent(s( � J
Date
STATE OF
Print Name COUNTY OF
PERSONALLY APPEARED BEFORE ME,the
STATE OF / undersigned authority,
COUNTY O
t who, after
PERSONALLY APPEARED BEFORE ME, the first being sworn by me, affixed his/her signature
undersigned authority„ (name of individual signing) in the space provided
above on this day of 20
C who,
after first being,sworn by me, affixed his/her
NOTARY PUBLIC
signature(name of individual' signing) in the
Wce a ided Jar can this, day of
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STATE OF
COUNTY OF
PERSONALLY APPEALED BEFORE ME, the
undersigned authority,
'° who,
after first being sworn by me, affixed his/her
signature(name of individual si ning) in the
space provided above on this + day of
! 2Q,/6
NOTARY P 'BLIC
Signature e o ent(s)/ Date MONROE COUNTY
0171G, l« RECORDS
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