Resolution 545-2024 RESOLUTION NO. 545 -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, 16th Jud. Cir. Case No. 17-CA-312-P;
and
Doc#2484142 Bk#3304 Pg#1262
Recorded 12/18/2024 4:35 PM Page 1 of 11
1
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
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.
2
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 11th of December 2024.
Mayor James K. Scholl Yes
Mayor Pro Tem Michelle Lincoln Yes
Commissioner Craig Cates Yes
Commissioner David Rice Yes
Commissioner Holly Merrill Raschein Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
BY: � )
.
$ MAY. R JAMES K. SCHOLL
,„cmg oipt fik.`Ll t:4,is •lam TA • '".' VIN MADOK, CLERK Approved as to form and legal sufficiency:
w ,✓ i.VV.4,,:,..... JMonroe County Attorney's Office:
i.:v.,.... .'...:::-F-, t,.,....i- . -.: 4, : fr i", j
, /
1,,:7-:.:.::•:::,-il 1Z: .,...:::.>et 40\41A/Vcr
UpM,Le,„ I— i - if- i& id oR1.-
-,.. _. oe TY LERK Cyn is Hall, Sr. Assistant County Attorney
3
.
ATTACHMENT A• .. . .
BEFORE THE CO-UNT'Y.CODE ENFORCEMENT SPECIAL MAGISTRATE..MONROE'COUNTY,COUNTY,FLORIDA
MONROE COUNTY FLORIDA. } . ::
Petitioner; • .. ) • Case No.CE 000430„0 ti .
) Sub ect P operty Reel Estate Num
icicirorl . t..)0 : - )
•• ) MR.4:-.1 - ' . -CD. . . _ .
" )"
- , .•
Cqsq me400. :091:21J2o10 ;2.sBPM: -.. .
-• .Respondent(s). . . ) FA led &-iiacorded in Off ieia1 Recorder.of .
) • :: .: MONROE COUNTY DANNY L. KOLHAGPc
FINAL ORDER
H yaving full considered the evidence presented at hearing,including testirtnony of the Code Enforcement Irispector(s)and/or witnesses under.bath,the following::
Findings of Fact and Conclusions of Law-are ORDERED: •
.:: • The Respondent(s):and/or Authorized Representative0 t t m%]Li•� •,3 i L ►er.at Inn
twere not :: ::
the violations set forth in the Notice ofVio€ation/Notice of Hearing-Which is incorporated herein as if full. sat forth:
. ... present and�dt'dld not:contest (,) 9 ... . Y ...
.(:yj°Tiie Respondent(s)islare the owner(s):of property located within Monroe County and wes/were duly noticed of the hearing.The Respondent(s)is/are in violation-of
the_Monroe County Code(s)as fully set forth in the Notice of Violation/Notied of Hearing fled in this case and pursuant toSectiori 162.07 of Florida Statutes costs in an
:amount to.be determined at the conclusion of this-case are hereb levied for the administrative recovery of the costs.of.prosecuting and investigating this matter.Costs
will continue to accrue until compliance is achieved and: eeie losed. Furthermore,the Resporident(s)shall comply with those Code(s):referred to in the Notice of -:: ::
Violation/Notice of Hearing on:pr before if) i- ("THE COMPLIANCE DATE");
:(in the event the vialation(s)were or-are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED:or on THE COMPLIANCE DATE:SET:FORTH
HEREIN.-fne(s)in the amount of:
A . 4 ) 4 0,:_nt%iii-ii.
.: 141-.1.531s.- A5' r titi: : "kl-. -tio)...44 QV', -
• - 49-Q.1.1101.V= ' all Hi :: • . . .
, 20.@ - k7-1-7ab . , ...• •
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respendent(s)Is/are in violation islare hereby ORDERED.
. . ( )a one time fine of$ - is ORDERED,and:the condition causing the violation(s)is found to present a threat to the .
::public health,safety and welfare. It is further ordered,that the County is hereby authorized to make all reasonable'repairs which are required to bring the property into
compliance and charge the respondents)with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter.
( )The Responderit(s)islare ordered to attend a compliaricelieiview hearing to be held on ::: :: :: ,:20 :.
IT IS THE RESPONDENT(S)RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE.PROPERTY IS.COMPLIANT BY CALLING . . .
CODE ENFORCEMENT AT.(305)4534806 FOR THE UPPER KEYS:(305i 2894810 FOR THE MIDDLE KEYS;-(3O5)i292.4495 FOR.THE LOWER KEYS. ,. ..
.
.In the event of nonpayment of fines.and costs imposed on Respondent(s);a certified copy of this Order may be recorded in the public records and shall•
:: :: thereafter constitute a lien against the land on which the violation or violations exist and upon any other real dr personal:property owned by the violator. ::
The County may institute foreclosure proceedings if the lien remains unpaid for three months.Please make checks payable to Monroe County Code 0
Enforcement and mail to:Monroe County Code Enforcement,Attn:Office of the Liaison,2798:Overseas Hwy.,Suits 3A0,Marathon,FL 33050.
.(: ):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 arid 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 0
($ )to Marne County.Code Enforcement within thirty(30)days of this Order,
( .%. .. . 1 aui►..I . or:�.,.. ,API A
° — . ' 1 4
y
.:. :Afe:, 0 CreocN.1809400
Eyck.:248, PO 197
.
.
::DATED this\._ .4 day of .,20
— • drir-46 • : : . . .
LARRY J.SA', 'al 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 Appear;signed by:
•the Respondent(s). ANY AGGRIEVED.PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE-RIGHTS WITH REGARD TO THIS ORDER
..[tie•�QI 11'C.TA QCPTI l �r�.� �t-1�FJ1/ti•,STATUTE . IV Q C� 1 �{a�{�rP-A T a +��riiw�� .a° +i.� rr
.,IrtSUA:II ,1pN �2 M,.`�:mS AN d SUCH.AP€'.�,L WILL BE I II71.I T 4D.1 0 APPELLA 'EVtEsn OF.a'nc r .uur D 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 AND SERVICE • .
I hereby certify that this is a true a. .- of the.above Order and that a true and correct copy has been furnished to the -...i =nt(s)and/or Authorized ... .
Representative via hand delivery i. t class U.S....1 to address of record with the Monroe County Property Appraiser's Office on this•• • .1 day of
. . Isle: ,20 ikt, EXHIBIT ::• ::
ilk
. . _iiii i ..4. , : : ' 7g. ': : 1 :,-': :
AL__ Am. Pk. .0
ir.;akep... ..-,,Ip.f.,.. .ik,:::-- . , a -
. , . . . .
-/ir.
:
MONROE.COUNTY:CODE.ENFORCEMENT
SPECIAL MAGISTRATE
Doe* 1.806400
ERN 2484. :pso 199.
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#00 8472- 0 .
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, 2009
to determine whether the charges alleged in the Notice of Violation and Notice of
Hearing are accurate and supported by substantial evidence ("Hearing!').
2. 0.• : Respondent(s) agrees that the violation(s) exist as alleged in the
Notice of Violation which was served in this matter.:: :
EX BIT
t.
C;\Docun ents and Setuings\lints=diane\Desktop\MASTER STIPULATION FOR FIRST TIME OFFENDER GEARY:(3).DOC : 1
Respondent(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. tipulation, Respondent(s) understands and agrees that
(a) He/she::need not appear at the Hearing, but instead, stipulates to entry
of the finding against Respondents);:and.
(b) Any eaidOnda:in the Code::Erifoi"cement file Will deemed the:r:6 ord
i n t,e case; and.:'
(c) He or she:waives the right:to:appeal any finding of violation or prder
: 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, go Q.
:5. The.Respondents agree to pay all costs incurred in prosecuting the
. case within 30:days of compliance date set forth in paragraph 4, and that such costs
shall.be:im.posed as a lien under section 1e2.09(2)(d), Florida Statutes, and Monroe ::
County Code section 8-2 (b).
The parties agree to a:fine. of:$200 00 per day that shall accrue
:: daily and may:be::imposed against:the:R:espondent(s).and recorded as :a:lien against the
property and upon any Other real or persohat property prOperty owned:by the Respondent (s), if
the property is not brought into comp iarice within the time specified in paragraph 4.
plat t .19em®e
ski' 2484. PO 199. . .
C\Documents and Settings\f ink-diane\Desktop\MASTER STIPULATION FOR FIRST TIME OFFENDER GEARY:(3.):T OO :
The':Res ondent(s) understands that if the:Respondent(s) fails:t •
cOMply comply within the time given,the fine(s) shallaccrue.each day the Violation(4) remain as
:: . .
110-140.(1) . $25.00 Baer day .. .
130.15 : = �_QQ: r dad •
= ::: -27•(b)Oh:: : . 100,00 per day
-. aa_ $2-5-.0Gpeta -
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 pr done in person with Inspector Diane Link, no:later:then the .
end of the business day November 25. 2009.
9. ::: ; Respondent(s) agrees and represents that Respondent(s) entered
. into this:Stipulation of the •Respondent a 's Own freewill. espon ent(s) further
understands and agrees:that he/she has the right to consult witil counsel prior-tip:signing .
.: this Stipulation.,::and has done e .:cr:has elected to waive this right: .
od :18 64O0
N ;084. :PsN 200
::-C:\Documents and Settings\!ink diane`Desktop MASTER STIPULATION FOR FIRST TIME OFFENDER GEARY(3-);DOO 3 . .
By signing this Stipulation, both parties represent that they have. READ,
U N DE ST OD,AND CONSENT to its terms ms and conditions::
y
Si nature of Respondent(s)I.Date Signature of Respondent(s)I Date
t'\\P\sz-Q.,ra...: - .. '0
Print Name._ Print Name-
STATE OF C.-
.k 0 v-i b,. STATE OF
COUNTY OF o vt c.o . COUNTY OF
PERSONALLY APPEARED BEFORE.ME,the PERSONALLY APPEARED BEFORE ME,the
undersigned authority, undersigned authority,
Ma T(e 1 ka;ck 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 cc provided above on this . A day of space provided above on this s.day of
20W 20
h
w.____sdi_______
. . ... TARY PUBLIC
NOTARY PUBLIC
My commission expires U.-.1_. 200:-. My commission expires 20_:
,- r-, • NW i C.3CN 180640
t EMI 2484 p9ti 201
rr:ic.•... Mp ewe`SON. 1� U .
•`i .+. di OS
0/ C-e,_ # ;#: I
ignature of Petitioner(Cou ty)/Date
vK.. ..
Di - L: 1<
• _' ,.����''_'� :�. .. . C:ysTj�FAY SEBeEH.:
•
e
r, t \(.4
a,scp, ,.,..... ckii...t t et..LL ct• Nib Vh.t,-1/4\1..,
411
..� .r i� ` Ci7/.ExPires Nov 19,20:
a,` Commie
4\-&-t-x-.2 kci,si a. sa.,LizV1/40.., iL\f, acintied niimnti"keg NOtiry Ast il
0 .ts,T-9... Li&.L d Lam-- b �1i`-" ..
5k,,,,)uo f vx, ‘3N,...\ 0\1...., L'A(-:‘c.-ect t--b_s\ c3-A--- '1",c41c4.-4-
;‘N. 4-14Q1 P. c 3 1,LA-k F rb\I'd'6-4 eir\ a. 61) 0.e.ed. 2zoci
4" - 9-1-0,1 5- 14).-e v.\
klA.SSO ri
C .
C:\Documents and Settingsliink-dia ieeDeskfoplMASTER STIPULATION I R FIRST TIME OFFENDER GEARY.(:3).DOC: 4
. `q..
1
ATTACHMENT B
:MONROE COUNTY:CODE ENFORCEMENT :: •. . ::
SPFCIAL MAGISTRATE De3cu 180B400.
• Mon roe.County:Code odeEnforcement . . • •sio 24E34. POI 202. .
: .Petitioner •... • :
vs. .. • Case Number C 09060061-::*.
Marcel-Papo
•.• : Respondent(s)
: . .. -STIPULATION FOR AN EXTENSION:OF TIME TO COMPLY
'In the.matter:of ' ' :: :: •
• Re#_00468472 006300_._.,
;_.Marcel Ca pow .•' hereinafter referred to:jointly and severally as
. "Respondent(s)") and Monroe County Code Enforcement("Petitioner"), by and through the .
. . .undersigned individual:,. hereby agree and stipulate to the following: .
::: : - - 1. ::: :: • • Respondent(s):agrees 1/we received and signed the Stipulation . :: •.
•.• . agreement on Dedernbe.r:2,:2009.•Under:the Stipulated Agreement we agreed to a • . . :: : • .
compliance date'of'March 18, 20'10. We are not going to be in compliance•by that date. • -
•.2... : Respondpnt(s) agrees that the violation(s.):still.exist in the above.
. : mentioned complaint as alleged::i.n:the:Notice of Violation:which was served:in this matter. .. •:
(a) Theparties are now agreeing,to extend the.compliance date. •.:
.(b.) espon ent s ..understands that a/she:need not appear at the Hearing
•.: : : but instead,:stipulates to extension of time t®Obrr ply, and .: : : • • •:
-(c) He-or she waives.the.right to a eal•an finding of violation or.order_that he .
. g pp v� g : .
..or she•would otherwise have under.Section 162.11, Florida Statutes.
.. $.. The. property will be checked for compliance on August 11,:20.10.(New •
EXHIBIT.. .:: compliance .4te - •
.
C.\Dacunients and•Settings\link-diane\De ktop\desk-top_fi es' {TENSION TQ•ST'IP.doc 1 w
4. The parties understand that,a fine of, $50.00 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)fails to
comply within the time given, the fine(s) shall accrue each day the violation(s) remain as
follows:
6.27.(b)(2)h-:; $2500 per'dad
110-140.(1) $25.00 per day.
6. The.Respondent(s) agree to a• all costs incurred in prosecutingthe
- g pay
case within 30 days of compliance and that such costs may be imposed as a lien under
Section 162.09(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 ht:into compliance by the date specified in paragraph: 3.
g
8. Respondent(s) agrees and represents that Respondent(s) entered into
this Stipulation of the Respondent(s)'s own free will. Respondent(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.
9. The parties understand and agree that the Respondents) 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,
Diacis La ee
AND CONSENT to its terms and conditions.
}r
C:\Documents and Settingsllink-dianeeDesktop\desk-top tiles%FXTENSION TO STIP.doc 2 ►�,j�
(i\p....."(
(...._,....*: . .
Print Name
: lignature of Respondent(s)/ DateP\A\ziL, ..-.L. U'-c()0 ...: . . ..
STATE OF
Print:Name :: - COVNTY OF
cat - : PERSONALLY:APPEARED BEFORE ME,the
. . .::co�; STATE.OF:: � ./".-. :-- .. undersigned authority,
•
�.. COUNTYWirAirr: _.. .
-
• - • . . - .:__ who,after
first being'sworn.by me,affixed his/her signature
::�:� ��� PERSONALLY APPEARED I�EFC�RE ME,the :�: �- � g re .. ..
-rat% I undersigned authority, (name of individual signing)in the space provided
0.1.....1 \ c 21:1
above:on this day. of 20... I. ) �iee PO who,
•c v` after:first:beingsworn by me,:affixed his/her -- ..
t
44.4i,k, NOTARY PUBLIC
signature-(name of individual signing)in the
. i:::i.'1'5-4.11 s,-ce • o ided a 91..4 on this -- . day of
'4,artr4-''' r,I 20 C,../
204
y MOM,-�A,1�}a ,O.,.....,,,,,,
M .. 1� aagwe`de9 .._ X3 .,,.
�I
—111111v. to w TARY PUB IC Zo9V$90 ]#: O ' `' . :
- j_, l / Air.
L, NICOLE M.PETRICK . r
/ J40 ''Signature of Petitioner( Dungy)/Da : :: �Public-Sista.of Florida
Comm.Expires Dec.12,2013 :
. A E
ems-.:,�,. ... Commies in 0 OD 917995 rJo . . �
Inspectors name: . ..
STATE OF. //, '4
COUNTY DF i/7r2
PERSONALLY APPEARED BEFORE ME,the
undersigned authority,
cam ::-: -
;r7. . . who,
• : : after first being sworn by me,affixed his/her
signature(name of individual s:ig ning)in the
space provided above on this .. . day of . •
r// 2016
-ice'.
, .Lii'le-1-04-
(-------
NOTARY P BLIC
Signature of Respondent(s)I Date MONROE COUNTY
OFFICIAL RECORDS
CA\Documents and Settrngsllink-dianclD►esktopldesk•topjties\EXTENSION TO STIP.doc ::.: