HomeMy WebLinkAboutItem Q03 Q3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
January 15, 2025
Agenda Item Number: Q3
2023-3433
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Authorization to initiate litigation against WILLIAM G. GUY III and
his property, Vacant Land, Key Largo, Florida, to seek compliance with the County Code and enforce
the lien(s) arising from code compliance case number CE17100022.
ITEM BACKGROUND:
CE17100022: This property has been the subject of a code compliance case for land clearing (not
compliant). The fines total $205,000.00 as of December 5, 2024, and will continue to accrue at $250.00
per day, until compliance is achieved.
A hearing was scheduled for January 31, 2019, and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of March 1, 2019. The
County's lien was recorded on March 8, 2019. Following an appeal, a Final order on Remand was then
issued on July 27, 2022, setting a new compliance date of September 6, 2022. The county's additional
lien was recorded on September 21, 2022. A subsequent hearing was held on October 24, 2024, and the
property owner was present via Zoom. 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 $101,935. The
property is not homesteaded and there are no pending foreclosure actions at this time. There is no
mortgage recorded on the property.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's
lien on this property are:
2825
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment and/or
writ of execution;
2. Allow the liens to remain against the property owner, the subject property and any other property
owned by the property owner; and/or
3. Release the lien.
County staff recommends 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 CE17100022 Guy III.pdf
Resolution 057-2014 LIEN PROCESS.pdf
FINANCIAL IMPACT:
148-50001 Growth Management Admin- $2,500.00
2826
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.: CE17100022
WILLIAM G. GUY III, )
Respondent(s). )
ORDER AUTHORIZING FCIRECLGSI.J'RE AND/OR MONEY JUDGMENT'
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained
unpaid for at least 3 months from the date of the Order. Therefore, it is hereby ORDERED that the office of
the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the
amount of the lien plus accrued interest.
DONE AND ORDERED this 25th day of 24, at the Marathon Government Center,
Marathon, Florida.
Jol a...L gharr
Sp rate
CERTIFICATE,' OF ORDER
I tier" °ertify that flu s a true and correct copy of the above Order.
Nicole Petrick, Liaison _.._..._. .
CERTIFICA'T"E OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand
delivery/first class U.S. mad to Respondent(s) address of record w/the Monroe County Property
Appraiser's Office aced/'or Authorized Representative, N/A _, on this 25th day of October,
2024.
.... Petrick,
...........................
Nicole Liaison
2827
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE17100022
Property Location: VACANT LAND, KEY LARGO, FL 33037
Parcel ID: 00522380-000000
WILLIAM G. GUY III
115 HIGH STREET
TAVERNIER, FL 33070
2828
BRIEF FOR WILLIAM G. GUY III — CE17100022
MOTION FOR COLLECTIONS 10/24/2024
hit s,�//mcesearch.mionroecounty-fl.gov/code`/CE1i 7100022 v 4
Monica Rodriguez
Research Analyst - Monroe County o
Subject Property—VACANT LAND, KEY LARGO, FL
Violation(s):
110-140.(a) — Building permit required - building permits, approvals and final
inspections are required for the land cleared without benefit of permit, as per the Sr.
biologist memo dated 1/21/18 (permit#20301101 issued; not compliant)
Property is not in compliance
Lien was recorded in the Official Records of Monroe County on 9/21/2022, Book 3195,
Page 220 and remains unpaid.
W Lien $193,533.90 as of October 17, 2024
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 7/26/2024 to
address on PRC. Return receipt was received and signed. Also, a copy was emailed to
Andrew M. Tobin, Esq. on 7/26/2024. Hearing continued from 9/26/2024; reminder notice
mailed to PO on 9/25/2024 and emailed to attorney Andrew M. Tobin on 9/26/2024.
PO in communication with Collections Facilitator C. Grant, 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.
2829
County of Monroe
Code Compliance Department
2798 Overseas Highway F
Marathon, Florida 33050 ' ° "`
Subject: Code Compliance Case CE17100022
Property Location: VACANT LAND, KEY LARGO, FL 33037
Parcel ID: 00522380-000000
WILLIAM G. GUY III
115 HIGH STREET
TAVERNIER, FL 33070
Buie to"Trotwiiioal Storem lieleine alllllll Code Coe nuiilplliiaince muses origiinally sctiedu.uled for heauding on 09128124 w liillllk Vibe
postpoined l;o October 24, 2024, at 9 tali AM (see below)
** REMINDER NOTICE OF ADMINISTRATIVE HEARING **
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on
10/24/2024 at 9.00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida.
You may appear via ZOOM WEBINAR(see attached instructions) in person and/or be represented by an attorney
or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice of
appearance with this office prior to the date of the hearing. IF YOU DECIDE TO APPEAL any decision by the Special
Magistrate, you will need to ensure that a verbatim record of the proceedings is made, which shall include the
testimony and evidence upon which the appeal is to be based.
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. A
request for continuance DOES NOT GUARANTEE a postponement of your hearing. Contact the office of the Liaison
for the Special Magistrate to submit your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509; Fax: (305) 289-2858.
PLEASE NOTE: continuance of a hearing date, even if granted by the Special Magistrate, will not stop daily fines
from accruing once they have been imposed. If the Special Magistrate denies your request for an extension of
compliance date, a daily fine and costs of prosecution and investigation may be imposed on the subject property.
Said fine may constitute a lien on said property and any other property owned by the violator.
If you agree that the violation(s) exist as alleged in this Case, you may request a Stipulation Agreement in lieu of
attending the hearing. If you choose to request a Stipulation Agreement, contact your 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 at the appropriate location
listed below.
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in
this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of
8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice
impaired, call 711".
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s) by U.S. First Class Mail on
09/25/24.
&ole Pet-1
Code Compliance Department
2830
You are invited to a Zoom webinar.
When: OCT 24 2024 9:00 AM Eastern Time (US and Canada)
Topic: Special magistrate Hearing — OCTOBER 24, 2024
Please click the link below to join the webinar:
tt �s: c occ.zoo .us ' 898 7567983
Or iPhone one-tap :
US: +16465189805„89817567983# or
+16699006833„89817567983#
Or Telephone:
Dial(for higher quality, dial a number based on your
current location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar ID: 898 1756 7983
International numbers available:
https:l/mcbocc.zoom-us/uZk6hcmxBou
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.
2831
Rodri uez-Monica
From: Petrick-Nicole
Sent: Thursday, September 26, 2024 12:22 PM
To: Rodriguez-Monica
Subject: FW: CE17100022 GUY WILLIAM G III
Attachments: CE17100022 Guy Reminder Notice 102424 TSH.pdf
Monica,
Can you please print this for the original file. I put notes in the case also.
From: Petrick-Nicole
Sent:Thursday, September 26, 2024 12:19 PM
To:Andrew M.Tobin <Tobinlaw@terra nova.net>;Tobin Law Office<tobinlaw2@gmail.com>
Cc: Rodriguez-Monica <Rodriguez-Monica@MonroeCounty-Fl.gov>; McPherson-Cynthia <McPherson-
Cynthia@MonroeCounty-FL.Gov>
Subject: CE17100022 GUY WILLIAM G III
Hi Andy,
I see that Monica has sent you a courtesy copy of the Motion for Collections case that was going to be heard today
for the above mentioned case.
FYI:We have rescheduled all our Special Magistrate cases that were originally scheduled for today(09/26/24)to
the October calendar on Thursday, 10/24/24 due to the Hurricane.
Please find the attached Reminder Notice&Zoom information that was r�7, i.G t .,pC p Fty_ r1 �y . f y Vi .
15t class US mail.
Kindly,
Nicole Petrick, Liaison, CPM
Monroe County Code Compliance
2798 Overseas Highway,Suite 330
Marathon, FL 33050
Phone: (305)289-2509
Fax: (305)289-2858
Email: P tri k- u: .a 4e@mop ni�oec uIITY-f�,g r
Website: ww.m nroe o.int.y-fi.gor
1
2832
BEFORE 1__r' CODE COMPLIANCE SPECIAL ,CISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE17100022
WILLIAM G. GUY III, )
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 September 21, 2022, Book 3195, Page
220 on the property that was the subject of the code compliance action described as: VACANT LAND KEY LARGO,
FLORIDA 33037, MONROE COUNTY, RE# 00522380000000, and upon any and all other real and/or personal
property you own. The current outstanding amount of the County's lien as of July 23, 2024 is $172,033.90(fines and
costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on
September 26,2024 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 WEBINA.R. INSTRUCTIONS ATTACHED HERETO.
Kelly M. g
Assistant County Attorney
Fla. Bar No. 105870
Du an-t elly a)-M. tiioeC,00tiiily_FL.Goy,
1111 12' Street, Suite 408
Key West, Florida 33040
(305)292-3470
CERTIFICATE OF SERVICE
I hereby certify that on this 26 day of ,2024 a copy of the foregoing was I"urnislied to
Respondent(s)via Certified Mail, Return Receipt Request No. q5$9 0-710 52 7®w I-;Z 9 817 y 4 to
115 HIGH STREET TAVERNIER,FL 33070 and VIA E-MAIL ONLY TO ANDREW M.TOBIN,ESQ.
(TOBINLAW@TERRANOVA.NET &°T`OBINLA.W2(_&GMAIL.COM).
it
Code Complia ce:Department
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this
proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no
later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call "71111. 2833
County of Monroe
The Florida Keys
Code Co a lianec Department Board of Count Commissioners
2798 Overseas Highway to � i; Mayor Holly Merrill Raschein,District 5
Marathon,Florida 33050 ���" �. Mayor Pro Tern James K. Scholl,District 3
Voice: (305)289-2810 Craig Cates,District 1
FAX: (305)289-2858 M ' Michelle Lincoln,District 2
David Rice,District 4
WILLIAM G. GUY III
115 HIGH STREET
TAVERNIER,FL 33070
July 23, 2024
Subject: Code Case: CE17100022
Location: VACANT LAND, KEY LARGO, FL 33037
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 Pubs lic 1-fearing will be condU ted by the Code Compliance Special Magistrate on
September 26, 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 WEIIINAI . INSTRUCTIONS AT"I"A ,IIED 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,
W6�A /?4
Monica llodr•iguez
Code Compliance Research Analyst 305-289-2586
I odr re a i a r o n°oeco,Lr11t :mV�
2834
You are invited to a Zoom webinar.
When: SEPT 26 2024 9:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate Hearing — SEPTEMBER 26,
2024
Please click the fink below to join the webinar:
Or iPhone one-tap :
US: +16465189805„89817567983# or
+16699006833„89817567983#
Or Telephone:
Dial(for higher quallity, dial a number based on your
current location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar I 898 1756 7983
International numbers available:
https://mcbocc.zoom.uslu
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.
2835
�ONROE COUNTY CODE COMPLI;. E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE17100022
Property Location: VACANT LAND, KEY LARGO, FL 33037
Parcel ID: 00522380000000
WILLIAM G. GUY III
115 HIGH STREET
TAVERNIER, FL 33070
2836
Rod ri uez-Monica
From: Rodriguez-Monica
Sent: Friday, July 26, 2024 10:56 AM
To: Andrew M. Tobin; 'Tobin Law Office'
Subject: Case no. CE17100022 Guy III
Attachments: CE17100022 Guy Ill.pdf
Good morning Mr.Tobin,
Attached please find a courtesy copy of correspondence mailed to the Respondent. If you will be representing Mr.
Guy in this case, please file a Notice of Appearance at your earliest opportunity.
Thank you
Monica Rodr�quel_
Research Analyst
Monroe County Code Compliance
2798 Overseas Highway,Suite 330
Marathon, FL 33050
(305) 289-2586
Eg!d!ag e z-alo rILca @Lrlome
fide 14
Franklin D.Roosevelt
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING
COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAYBE
SUBJECT TO PUBLIC DISCLOSURE.
1
2837
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
LM_qjSTERED MAIL RECEIPTS TRACKING
Case Number: [ E I`710 00 a2
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2838
County of Monroe
The Florida Keys
C"oade Comg iaance Department Board of County Commissioners
2798 Overseas Highway $ Mayor Craig Cates, District 1
Marathon,Florida 33050 , m. Mayor Pro Tern Holly Merrill Raschein,District 5
Voice:(305)289-2810 y ll Michelle Lincoln,District 2
FAX: (305)289-2858 James K. Scholl,District 3
n" David Rice,District 4
WILLIAM G. GUY III
115 HIGH STREET
TAVERNIER,FL 33070
January 5, 2023 (COOPY
Subject: Code Case: CE17100022
Location: VACANT LAND, KEY LARGO, FL 33037
Dear Property Owner,
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$1,000.00 per day until the property comes into compliance. A daily fine
of$1,000.00 per day has currently accrued for 120 days for a current total of$120,000.00.
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 $783.90 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$120,783.90 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,
6Moil Av(vv-
Cynthia J. McPherson
Sr. Director Code Compliance
(305) 289-2508
McPlr sratr-C Ir�tlr1° ,iiioiw ecoti rty-fl.ggy
2839
C 0 wp o
C.Rodg e LCom fiance Cre tartment
2798 Over errs 1 Bigh�warr a tray rsartt c r ntarrtr rraonls_s6orrers
Marathon.Florida 3305o �� ,y� 1} �� Ia trr L)avid Rica,District a
Voice:(305)289-281 p s Mayor Pro TernCraig Cates.District l
w� Michelle ColdlrOn,District 2
FAX: (305)289-2858 W
James K. Scholl,District 3
� r Holly Merrill Raschein,District 5
WI LIAM G GUY III
115 NIGH STREET
TAVERNIER,FL 33070
September 22,2022
Subject: Code Case CE17100022
Property Location: VACANT 6 BK LT 15 HARBOR SHORES KY,KEY LARGO, FL 33037
Real Estate No.: 00522380000000
Dear Property Owner(s),
This letter is to inform you that our records indicate that the violation(s)remain oil your property and the fines wvilI
continue torun in the amount of 1,000.00 per day until the property comes into compliance.
Additionally, a lien against your property was recorded in the Official Records of Monroe County on 09/21122,
Boole 3195, Page 220, The current amount of the County's lien is $ 15,7 0.90 (fines and costs) which colttinue to
accrue and increase until the case is cotllpliatit 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 remittiltg payment in full to: h^lonroe
County Code Compliance Department: Attention: Nicole Detrick; 2798 Overseas High Way, 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 Highw:ayr,Suite 330, Marathon, FL 33050 (305)289-28 10
Upper Keys: 102050 Overseas Highway, ley Largo, FL 33037 (305) 453-8806
Respectfully yours,
Nicole Petrick, Liaison
For questions regarding this letter, please contact your Inspector,
Diane Link 305-453-8737 L,,i��l l 2 ,cnlrtrt� iel:d�a �
CC: Andrew M. Tobin,ESQ., PO Box 620 Tavernier FL 33050
2840
Doc#2392225 Bk#3195 Pg#220 Electronically Recorded 9/21/2022 at 11:16 AM Pages 3
Filed and Recorded in Official Records of Mf""ROE COUNTY KEVIN MADOK
ElectronicallyREC: S27.00
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA
Petitioner,
VS.
WILLIAM G GUY III Case No.. CE171000 2
Respondent(s). Subject Property Real Estate Number: 00522380.000000,
FINAL ORDER ON REMAND
This case is before the undersigned on remand from the Circuit Court of the Sixteenth Judicial Circuit,which reversed the Corrected
Final Order entered on January 31,2019,for failure to make sufficient findings of fact and conclusions of law.
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_—.—
were no present and 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.
(✓) The Respondent(s)is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(✓) The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing
served upon the Respondent(s).
(✓) COSTS-Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
(✓) The Respondent(s) shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before
September 6,2022("THE COMPLIANCE DATE").
(✓) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
0, a 250.OQ 8-7. 2 0.00.
18.1E 250.0 22-8 25 .90
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
hereby ORDERED.
(✓) It is further ordered,that the County is hereby authorized to make all reasonable repairs including demolition which are required
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution incurred by the County and any fines Ordered in this matter.
( ) The Respondent(s)were in violation of the MONROE COUNTY CODE($)as fully set forth in the Notice of Violation/Notice of
Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The Respondent(s)shall pay the total amount of cost and/or fines( , )to
Monroe County Code Compliance within thirty(30)days of this Order,
(✓) Other:The property is a vacant lot,which Respondent cleared with a chainsaw or other equipment,cutting down countless
trees without the benefit of permits. The property contains tropical hardwood hammock,and in the course of clearing the lot
Respondent removed protected native vegetation. The property constitutes critical habitat,and Respondent's destructive actions were
undertaken without complying with any of the County's environmental codes,including the sections of the Monroe County Code of
which Respondent has been found in violation as set forth above. Respondent failed to appear at the hearing after receiving proper
notice thereof,and thus he presented no defenses,affirmative or otherwise. Because Respondent presented no evidence or argument
as to,e.g.,potential permit exceptions, if any,none were considered. The photographs taken by the inspector and the biologist depict
Page 1
2841
Doe.#2392225 Page Number: 2 of 3
the total devastation of the property,which,to repeat, Respondent carried out without any permits whatsoever. Respondent's failure to
appear at hearing was tantamount to a default, and the undersigned accepted the County's prima facie case,in its entirety,as shown
by the testimony presented and exhibits introduced.
*RESTORATION PERMIT MUST BE ISSUED S PASS ALL RE UIRED INSPECTIONS ON OR BEFO�RE THE COMPLI NCE DATE
OF SEPTEMIER 6 2022 OR_DAILYN S IN OF' 250.00 PER QAY,VYILLBEGIN TO ACCRUE.T815 CASE,VVILL,
PESIQQ QF a YEARS.,PER EQUIREQ PERMIT,61 LEASI 8Q PEKENT
REPLACED SHALL BE VIABLE 61 THE END OF A THREE-YEAR PERIOD FROM THE DATE OF THE FINAL INSPECTION OF THE
W AY BE EP SUBJECT TO PRIOR APPROVAL BY H COUNTY BIOLOGIST'
I NI
RESTORATION WORK SHALL BE INSPECTED BY THE COUNTY BIOLOGIST ON AN ANNUAL BASIS OR EVERY 6-MONTH RING THE,
THREE-YEAR.PERIOD AND SHALL REQUIRE 6 FINAL INSPECTIONI AT THE END OF THE'1rHREE YEAR PERIOD,THE BIOLOGIST MAY
DIRECT THAT DEAD DYING_TREES BE REPLACED AS DEE I N_ECEMY TO EN&RE THE§Q PERQENT STANDARD W&L RE MET
A THE END Of THREE YEARS,ANY VIOLATION WILL FOLLOW THE LAND AND ANY NEW PURCHASERS WILL BE RESPONSIBLE FOR
THE VIOLATIONS AS CITED ON THE SUBJECT PROPER .
In the event of nonpayment of fines andlor 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 Band 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
and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance, Attn:Office of the Liaison,2798 Overseas Hwy.„Suite 330,
Marathon, FL 33050.
IT IS THE RE PONDEN RE PONrI IBILITY TQ REQUEST A REINSPECTION TO DEJERMINE,WHETHER THE PROPERTY IS
COMPLIANT BY CALLI O PQDE CO PLI NCE AT 305 453- 80Fa FOR THE UPPER KEYS 305 289-2810 FOR THE MID— LE
KEYS„ 05 2924/4195 FOR THE LOWER KEYS.
DATED this����.day of July,2022.
&ohninga 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.
+CERT F CATE OF ORDER
L2:2 thi "s a true and correct copy of the above Order.
Nicole M. Petrick, Liaison
CASE NUMBER: CE17100022
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
WILLIAM G GUY III
115 HIGH STREET
TAVERNIER, FL 33070
Page 2
2842
Doe.#2392225 Page Number: 3 of 3
Location of subject property:
VACANT 6 BK LT 15 HARBOR SHORES KY
KEY LARGO, FL 33037
Real Estate Number: 00522380-000000
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via hand delivery/first
pass �� Ct1a Authorized Representative Appraiser's Office as referenced
.w
above ndlor I to Respondent(s) address of record with the Monroe County Pry arty on this oQ7 T�4 day of
20
............
Nicole M. Petrick, Liaison
Page 3
2843
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE17100022
Parcel ID: 00522380-000000
ANDREW M. TOBIN, P.A.
ANDREW M. TOBIN, ESQ.
P. O. BOX 620
TAVERNIER, FL 33070
2844
MONROE COUNTY CODE COMPLIANCE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE17100022
Parcel ID: 00522380-000000
WILLIAM G GUY III
115 HIGH STREET
TAVERNIER, FL 33070
2845
�i
BOARD OF COUNTY COMMISSIONERSCounty of Monroe � Mayor Michelle Coldiron,District 2
The Florida Keys Mayor Pro Tern David Rice.District 4
Craig Cates,District 1
„ Eddie Martinez,District 3
Mike Forster,District 5
WILLIAM G. GUY III
115 HIGH STREET
TAVERNIER,FL 33070 COPY
December 1, 2020
Subject: Code Case: CE17100022
Location: Vacant Land, Key Largo,FL
Dear Property Owner(s),
Monroe County, Florida has imposed a lien against your property as a result of the above referenced code
compliance action. This lien on the property resulted from the code compliance action and may be imposed upon
all other real and/or personal property you own.
Additionally, our records indicate that the violations remain on your property. Because your property is not in
compliance, the fines continue to accrue in the amount of $1,000.00 per day until the property comes into
compliance. A daily fine of$1,000.00 per day has currently accrued for 640 days for a current total of$640,000.00.
Additionally, pursuant to F.S. §162.07(2), since the County prevailed in prosecuting the case before the Special
Magistrate for Code Compliance, the County is entitled to recover all costs incurred in prosecuting the case and
those costs will be included in the lien as authorized under F. S.162.09(3). These costs will continue to accrue until
the violations are corrected and the case is closed.
The Code Compliance department will continue to monitor this property. Failure to bring your property into
compliance in a timely fashion (as established in the compliance action or by the Court) will result in the County
seeking litigation to foreclose the existing lien.
Respectfully yours,
Monica Rodriguez
Code Compliance Research Analyst(305)289-2586
rod ieue - onica@unon oecog!q 1
Code Compliance Department
2798 Overseas Hwy Ste 330 Marathon FL 33050 102050 Overseas Hwy Ste225 Key Largo FL 33037
Voice: (305) 289-2810 FAX: (305) 289-2858 Voice: (305)453-8806 FAX: (305) 453-8819
2846
The Florida Kevs
2799 Overseas�a Highway
ig��.aaara raffia�m ff+ rim"', � w� Mayor, rr Syl aaBoard(if �DC�uT a�nN.District 5Marathon, aa�u iid 33Q�.50 A1� r 3
��'� Mawr r
I
:�pharve,11srmacr ll
Voice.(305)289-2810 'a �n Middle ;oh auo . Cistrac
FS . (305)289-285� Heather �c ,.. 2er David Rice.Nstrict 4
WILLIAM G GUY H]
"p nr"ERNIER,pVr1,33070
March 8, 2019
Subject Garde Case C E17100022
Properly Lc e afion: VACANT 6 h3K LT 15 14ARBOR SHORES SIJBDI ISION, KEY LARGO,:"), FL 33037
Real Estate No.- 005223 80000000
Dear Property Owner(s),
This letter is to inform..your that our records indicate that the viaapautaanrr(s)reranaaarn on your property and the fines will
continue to run in the amount unt o 1,000.00 per day until the property comes into compliance..
Additionally, an linen against your property was recorded in the Official Records of Monroe Caarurnly on 03/ /19, Book
2952, <a, e 21: , The eurrent anrnnorurnt of the Count y"s fien is , h hp.50 (fines and costs) whnharh°r continue to accrue
and increase until the ease is compliant and closed.
This lien is au preen on the property that was the surkjeet of the code enfbreement action and upon n 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 tag: Monroe
County Code Compliance Department; Attention: Nicole Petrick, 2798 Overseas Highway,way, Smite 330, Marathon,
Florida 33050. The County unty ipp.then provide au Release and Satisfaction of Lien to you.
If you have achieved compliance,please'contact your Code prnsp e'dor at the appropriate location.
Diddle Keys 2798 Overseas Highway, Suite 330, Marathon, FL,33050 (305)2 9-2 10
Upper Keys 102050 Overseas Highway,wany, .ey Largo, FL 33037 (305)45.3- 06
Respectfully yanarrs,
Nicole Petrick.
Special Magistrate p:.Jaaa.sarrn
(305)2 9,,,, 509
2847
BEFORE THF. AUNTY CODE COMPLIANCE SPECIAL h aISTRATE
MONROE COUNTY, FLORIDA
Licq 2210158 03/08/2,019 2:35PM
FMONROERCOUNTY ded 1KE'VINcMADOKial Records of
MONROE COUNTY FLORIDA,
Petitioner, DocO 2210158
BkN 2952 P9N 2130
VS.
WILLIAM G GUY III Case No.: CE17100022
Res ondent s . ..... Subject Property Real Estate Number: 00522380-000000
*CORRECTED 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:
were 1 �e- nolpresent d didrl id no contest the violation(s)set forth in the Notice of Violation/Notre of Hearing which is
The Res andloincorpoein as if fully set forth,.
(✓) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(✓ ) The Respondent(s) is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing
served upon the Respondent(s).
(t/) COSTS- Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to
be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is
closed.
(�) The Respondent s)shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before
19 ('THE COMPLIANCE DATE"),
(�) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein, fine(s) in the dollar amount:
110-140. a 118-7.
118.13 50- 122.8* d3 o2 so. 00
for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
hereby ORDERED.
(�) It is further ordered„ that the County,is hereby authorized to make all reasonable repairs including demolition which are required
to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of
prosecution incurred by the County and any fines 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 faced in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance.
The s County Code Compliance within thirty(30)days of thipondent(s)shall pay the total amount of cost and/or ls Order,
)to
r.
Monroe
( ) Other: *RESTORATION PERMIT MUST BE ISSUED 8 PASS ALL REQUIRED INSPECTIONS ON OR BEFORE THE
COMPLIANCE DATE OF 03101/19 OR DAILY FINES IN THE AMOUNT OF* 250,00 PER DAY WILL(BEGIN TO ACCRUE.THIS
CASE WILL REMAIN OPEN FOR A PERIOD OF 3 YEARS, PER CONDITIONS OF THE REQUIRED PERMIT AT LEAST 60 PERCENT OF THE
TREES REPLACED SHALL BE VIABLE AT THE END OF A THREE YEAR PERIOD FIR THE DATE OF THE FINAL INSPECTION OF THE
RESTORATION 1fORhC DEAL)OR DYING TREES MAYBE REPLACED SUBJECT TO PRIOR APPROVAL BY THE COUNTY BIOLOGIST
DURING THE THREE YEAR PERIOD IN ORDER TO ENSURE THE 80 PERCENT MINIMUM I S'MET AT THE END OF THREE YEARS THE
RESTORATION WORK SHALL BE INSPECTED BY THE COUNTY BIOLOGIST'ON AN ANNUAL BASIS OR EVERY 6 MONTHS DURING THE
THREE-YEAR PERIOD AND SHALL REQUIRE A FINAL INSPECTION AT THE END OF'THE THREE YEAR PERIOD THE BIOLOGIST MAY
DIRECT THAT DEAD OR DYING TREES BE REPLACED AS DEEMED NECESSARY TO ENSURE THE 80 PER,CENT STANDARD WILL BE MET
A THE END OF THREE YEARS.ANY VIOLATION WILL FOLLOW THE LAND AND ANY NEW"PURCHASER S WILL BE RESPONSIBLE FOR.
THE VIOLATION'S AS CITED ON THE SUBJECT PROPERTY.
'(Correction in'other"as outlined above) Page 1
2848
In the event of nonpayment of fines and/or 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 or
personal property owned by the violator, The County may institute foreclosure proceedings if the lien remains unpaid for three months
and/or may sue to recover money judgment for the amount of the lien plus accrued interest. Please imake checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance, Attn: Office of the Liaison„ 2798 Overseas Hwy., Suite 330,
Marathon, FL 33050,
IT IS THE RESPONDENTS RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS
COIMPLI'AN,T BY CALLING CODE COMPLIANCE AT 305 453.8808 FOR THE UPPER KEYS* 305 289'•2810 FOR THE MUDDLE
KEY5 305 292.4495 FOR THE LOWER KEYS.
DATED this _ST day of 20
Gn .
d
John G. n Laningl a ecial Magistrate
APPEAL PROCEDURES
Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by
filing, a Notice of Appeal„ signed by the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY
HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES.
ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL
MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER.
CERTIFICATE OF ORDER
I' hereby certify that thi is a true and correct copy of the above Order,
64:e�—a - I
Nicole M. Petrick, Liaison Doch 2210158
BkN 2952 PgN 2131
CASE NUMBER: CE17100022
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
WILLIAM G GUY III
115 HIGH STREET
TAVERNIER, FL 33070
Location of subject property:
VACANT 6 BK LT 15 HARBOR SHORES KY
KEY LARGO, FL 33037
Real Estate Number: 00522380-000000
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 Lfirst
class U,S rlahl to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced
above and/or Authorized Representative on this V'71 day of
_ -69 20
Nicole M. Petrick, Liaison
*(Correction in'other"as outlined above) Page 2 MONROE COUNTY
OFFICIAL RECORDS
2849
County of Monroe
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
OTICE OF VIOLATION/NOTICE OF HEARING
To: WILLIAM G GUY III Case Number: CE17100022
115 HIGH STREET
TAVERNIER FL 33070
Location: VACANT 6 BK LT 15 HARBOR SHORES SUBDIVISION KEY LARGO,FL 33037
Re Number: 00522380000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 10/20/2017
and subsequently found the following violation(s) of the Monroe County Code:
110-140.(a) - BUILDING PERMIT REQ/CH 6
BUILDING PERMITS, APPROVALS AND FINAL INSPECTIONS
ARE REQUIRED FOR THE LAND CLEARED WITHOUT BENEFIT
OF PERMIT, AS PER THE SR. BIOLOGIST MEMO DATED 1/21/18.
Corrective Action Required:
Contact the Monroe County Building and Planning Department
and obtain an after the fact permit or demolition permit.
NOTE: All permit fees and permit requirements are based on
the specific scope of work. Additional permits, permit fees,
mitigation fees, or restoration of the property to original
condition may be required. The minimum fee for an After The
Fact permit is $500.00 (five hundred dollars) as per Monroe
County Code. All permits will require PASSING FINAL INSPECTIONS
118-13 - ENDANGERED SPECIES.
NO DEVELOPMENT OF THIS PARCEL, INCLUDING
LANDCLEARING, SHALL OCCUR WITHOUT FULL COMPLIANCE
WITH THE PROVISIONS OF THE U.S. FISH AND WILDLIFE
SERVICE FOR CRITICAL HABITAT OR DESIGNATED
POTENTIALLY SUITABLE HABITAT FOR FEDERALLY LISTED
THREATENED OR ENDANGERED SPECIES.
2850
' l �
Corrective Action Required:
Obtain an After the Fact Permit for the restoration of the
site. The permit will require the following
1. The site shall be restored to its pre-violation grade.
2. All native trees, shrubs, and groundcovers on the
unlawfully cleared site shall be replaced with native plant
species as appropriate to the site unlawfully cleared. The
trees shall be of a size and maturity commensurate to the
unlawful clearing as determined by the County Biologist. The
native species mix shall consist of the approximate
percentages of the predominant tree, shrub and groundcover
species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub
or groundcover species were unlawfully cleared, then those
species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as
determined by the County Biologist regardless of
predominance.
3. All replanted trees, shrubs, and groundcovers shall be
located on site within the same areas that were unlawfully
cleared.
4. A monetary guarantee for the restoration work, as
stipulated in subsection(e) of this Section, shall be
provided in the form of a surety bond, cash, or other
financial guarantee in a form acceptable to the Planning
Director and the County Attorney.
5. The restoration work to correct the land clearing
violation in accordance with subsections (b)(1)-(3) of this
Section shall be required to receive final inspection
approval by the County Biologist.
In addition, the permit holder shall be required through a
financial guarantee approved by the Planning Director and
the County Attorney,to.guarantee the satisfactory
completion of the restoration work in accordance with the
approved restoration site plan and the survival of at least
80 percent of the replanted trees for a period of at least
three years after the issuance of the after-the-fact permit
for the restoration work.
(1) Guarantee amount. The amount of the restoration
guarantee shall cover the full costs of the restoration work
described in subsections (b)(l)-(3) of this Section. The
estimated costs of the restoration described in subsection
(b) of this Section shall be the sum of subsections (e)(1)a.
and (e)(1)b. of this Section:
e. One-hundred percent of the estimated cost of the
restoration described in subsection (b)(1) of this Section
as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the
z
2 %�
restoration work required by subsection (b)(1) of this
Section, entered into with a contractor qualified to perform
such work.
f. One-hundred percent of the estimated cost, as estimated
by the Building Official, of performing the restoration work
described in subsections (b)(2) and (b)(3) of this Section;
or, alternatively, 150 percent of the price of a binding
contract for the restoration work described in subsections
(b)(2) and(3) of this Section, entered into with a state
licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form
approved by the Planning Director and the County Attorney.
The guarantee shall be payable to the county in the amount
of the estimated total cost for restoration work as
calculated in subsection(e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of
the permit issued for the restoration work. Release of any
guarantee shall be conditioned upon final approval by the
County Biologist of the restoration work as stipulated in
subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit
holder failed to complete required restoration work in
accordance with the restoration site plan and failed to
comply with the requirements of subsection(c)(2) of this
Section, the Planning Director in consultation with the
County Attorney, may take the following action: inform the
guarantee company in writing of default by the permit holder
and request that it take necessary actions to complete the
required improvements.
118-7. - GENERAL ENVIRONMENTAL DESIGN CRITERIA
NO DEVELOPMENT OF THIS PARCEL, INCLUDING
LANDCLEARING, SHALL OCCUR WITHOUT FULL COMPLIANCE
WITH THE PROVISIONS OF THE U.S. FISH AND WILDLIFE
SERVICE FOR CRITICAL HABITAT OR DESIGNATED
POTENTIALLY SUITABLE HABITAT FOR FEDERALLY LISTED
THREATENED OR ENDANGERED SPECIES.
Corrective Action Required:
Obtain an After the Fact Permit for the restoration of the
site. The permit will require the following
1. The site shall be restored to its pre-violation grade.
2. All native trees, shrubs, and groundcovers on the
unlawfully cleared site shall be replaced with native plant
species as appropriate to the site unlawfully cleared. The
trees shall be of a size and maturity commensurate to the
unlawful clearing as determined by the County Biologist. The
i, 2852h i
��/fir �yif `
native species mix shall consist of the approximate
percentages of the predominant tree, shrub and groundcover
species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub
or groundcover species were unlawfully cleared,then those
species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as
determined by the County Biologist regardless of
predominance.
3. All replanted trees, shrubs, and groundcovers shall be
located on site within the same areas that were unlawfully
cleared.
4. A monetary guarantee for the restoration work, as
stipulated in subsection (e) of this Section, shall be
provided in the form of a surety bond, cash, or other
financial guarantee in a form acceptable to the Planning
Director and the County Attorney.
5. The restoration work to correct the land clearing
violation in accordance with subsections (b)(1)-(3) of this
Section shall be required to receive final inspection
approval by the County Biologist.
In addition,the permit holder shall be required through a
financial guarantee approved by the Planning Director and
the County Attorney, to guarantee the satisfactory
completion of the restoration work in accordance with the
approved restoration site plan and the survival of at least
80 percent of the replanted trees for a period of at least
three years after the issuance of the after-the-fact permit
for the restoration work.
(1) Guarantee amount. The amount of the restoration
guarantee shall cover the full costs of the restoration work
described in subsections (b)(1)-(3) of this Section. The
estimated costs of the restoration described in subsection
(b) of this Section shall be the sum of subsections (e)(1)a.
and (e)(1)b. of this Section:
a. One-hundred percent of the estimated cost of the
restoration described in subsection(b)(1) of this Section
as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the
restoration work required by subsection (b)(1) of this
Section, entered into with a contractor qualified to perform
such work.
b. One-hundred percent of the estimated cost, as estimated
by the Building Official, of performing the restoration work
described in subsections (b)(2) and(b)(3) of this Section;
or, alternatively, 150 percent of the price of a binding
contract for the restoration work described in subsections
(b)(2) and (3) of this Section, entered into with a state
�� 2853
licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form
approved by the Planning Director and the County Attorney.
The guarantee shall be payable to the county in the amount
of the estimated total cost for restoration work as
calculated in subsection(e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of
the permit issued for the restoration work. Release of any
guarantee shall be conditioned upon final approval by the
County Biologist of the restoration work as stipulated in
subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit
holder failed to complete required restoration work in
accordance with the restoration site plan and failed to
comply with the requirements of subsection (c)(2) of this
Section, the Planning Director in consultation with the
County Attorney, may take the following action: inform the
guarantee company in writing of default by the permit holder
and request that it take necessary actions to complete the
required improvements.
122-8.(d)3 - FWS PERMIT REFERRAL PROCESS
LAND CLEARING OF PROPERTY IS IN VIOLATION OF THE
FEDERALLY THREATENED OR ENDANGERED SSPECIES ACT
AND MAY BE SUBJECT TO ENVIRONMENTAL RESTORATION
STANDARDS.
Corrective Action Required:
CONTACT THE MONROE COUNTY BIOLOGIST FOR REQUIREMENTS TO
BRING THIS PROPERTY INTO COMPLIANCE WITH SEC. 122-8
(THREATENED AND/OR ENDANGERED SPECIES FOCUS AREAS).
UPPER KEYS BIOLOGIST (305) 453-8731
MIDDLE AND LOWER KEYS BIOLOGIST (305) 289-2502.
(X PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special
Magistrate in the above case on 01/31/2019 at 9:OOAM at the Monroe County Government
Regional Center,2798 Overseas Hwy., Marathon, Florida.
( You can avoid attending the hearing if all violation(s) noted above are corrected by 01/16/2019
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is
not corrected by the time specified, the case may be presented to the Special Magistrate even if the
violation has been corrected prior to the hearing.
( ) 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
5
2854
,
nature, therefore no compliance date has been provided. This case may be presented to the Special
Magistrate even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s)have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST
YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with the
Liaison for the Special Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone:
(305) 289-2509, Fax: (305) 289-2858, prior to the date of the hearing:
You may request a continuance of the hearing for good cause shown. If you choose to request a
continuance, a written request on the County's form must be made at least five (5) business days before
the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below
at least five (5) business days before the date of the hearing. A request for continuance DOES NOT
GUARANTEE a postponement of your hearing.
If you agree that the violation(s) exist as alleged in this Notice, you may request a Stipulation
Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact
the Code Inspector listed below at least five (5) business days before the date of the hearing. A request
for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that
you contact your inspector listed below.
NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which shall include the testimony and
evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special
Magistrate's Final-Order.
IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not
need to attend the hearing(s). Please contact your inspector at the appropriate location:
AINK, IANE
Code Inspector
,91
2855
Lower Keys: 5503 College Road, Suite 204
Key West, FL 33040 (305) 292-4495
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.: 7015 1520 0003 0398 6770
._._ .-- ...._.......
Co e C 'pan epartment
IF SERVICE IS NOT OBTAINED BY CERTIFIED Rl 11 N 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".
2856 l
1r
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Diane Link, Code Compliance
From: Tim Douma, Senior Biologist, Monroe County
Date: January 21, 2018
Re: William Guy, Vacant Land, Harbor Shores, Key Largo, RE# 00522380-000000
INTRODUCTION: I did a site inspection at the above mentioned property on October 18, 2017.
SITE DATA: The vacant parcel is adjacent to Overseas Highway and contains tropical
hardwood hammock. The surrounding parcels are all vacant hammock parcels with the exception
of the lot east of the north section which has a house under construction.
FINDINGS: It appears that vegetation, including protected native vegetation, was cut without
the benefit of a permit. The clearing is a violation of Section 6-100(a), Section 118-7(c), and
Section 118-13(a). Compliance with other sections of code has not been determined.
RECOMMENDATION: Issue a Notice of Violation. An after-the-fact permit for restoration
will be required in accordance with Section 118-11. The permit will require the following:
(1) The site shall be restored to its pre-violation grade.
(2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced
with native plant species as appropriate to the site unlawfully cleared. The trees shall be of a
size and maturity commensurate to the unlawful clearing as determined by the County
Biologist. The native species mix shall consist of the approximate percentages of the
predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub or groundcover species were
unlawfully cleared,then those species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as determined by the County Biologist
regardless of predominance.
(3) All replanted trees, shrubs, and groundcovers shall be located on site within the same areas
that were unlawfully cleared.
(4) A monetary guarantee for the restoration work, as stipulated in subsection(e) of this Section,
shall be provided in the form of a surety bond, cash, or other financial guarantee in a form
acceptable to the Planning Director and the County Attorney.
(5) The restoration work to correct the land clearing violation in accordance with subsections
(b)(1)-(3) of this Section shall be required to receive final inspection approval by tl
Biologist.
2857
In addition, the permit holder shall be required through a financial guarantee approved by the
Planning Director and the County Attorney, to guarantee the satisfactory completion of the
restoration work in accordance with the approved restoration site plan and the survival of at least
80 percent of the replanted trees for a period of at least three years after the issuance of the after-
the-fact permit for the restoration work.
(1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the
restoration work described in subsections (b)(1)-(3) of this Section. The estimated costs of
the restoration described in subsection (b) of this Section shall be the sum of subsections
(e)(1)a. and (e)(1)b. of this Section:
a. One-hundred percent of the estimated cost of the restoration described in subsection
(b)(1) of this Section as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the restoration work required by
subsection(b)(1) of this Section, entered into with a contractor qualified to perform
such work.
b. One-hundred percent of the estimated cost, as estimated by the Building Official, of
performing the restoration work described in subsections (b)(2) and (b)(3) of this
Section; or, alternatively, 150 percent of the price of a binding contract for the
restoration work described in subsections (b)(2) and(3) of this Section, entered into
with a state licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and
the County Attorney. The guarantee shall be payable to the county in the amount of the
estimated total cost for restoration work as calculated in subsection (e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of the permit issued for the
restoration work. Release of any guarantee shall be conditioned upon final approval by the
County Biologist of the restoration work as stipulated in subsection(c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit holder failed to complete required
restoration work in accordance with the restoration site plan and failed to comply with the
requirements of subsection(c)(2) of this Section, the Planning Director in consultation with
the County Attorney, may take the following action: inform the guarantee company in
writing of default by the permit holder and request that it take necessary actions to complete
the required improvements.
NOTE: I can be reached at (305) 453-8800 for any questions. Thank you.
2858
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
.. ...................
REGISTERED MAIL
RECEIPTS
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Complaint Number:
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Expected Delivery on
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photos by Sr. Biologist Tim Dourna
--------------
E2863
MONROE COUNTY
STOP WORK ORDER 4 2 0 8
INSPECTOR L DATE—, Z_
BY: X CODE ENFORCEMENT BUILDING DEPARTMENT
CONTRACTOR'S NAME AJO,'�, PERMIT
PROPERTY OWNER'S NAME
A2
.S11 C M'r ADDRESS L Z,
LOT BLOCK SUBDIVISION ot
SPECIFIC DESCRIPTION OF WORK BEING DONE:
HAS THIS WORK BEEN COMPLETED? Yes— No Partial
-77-
Please bring this or tote Monroe County Building Department, along with a copy of
your Property Record Card (which may be obtained from the Property Appraiser's office)
and any other documentation pertaining tothis project. Depending on the scope of the
work, the building department staff will be able to determine whether your project can
proceed with a permit AND/OR whether a demolition permit will be required. Your prompt
response to this notice is appreciated.
Building Department offices are located at,_.
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1 00
249-25-ei K hest, Fl, ,q3040
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2865
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2870
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
To: Diane Link, Code Compliance
From: Tim Douma, Senior Biologist, Monroe County
Date: January 21, 201&
Re: William Guy, Vacant Land, Harbor Shores, Key Largo, RE# 00522380-000000
INTRODUCTION: I did a site inspection at the above mentioned property on October 18, 2017.
SITE DATA: The vacant parcel is adjacent to Overseas Highway and contains tropical
hardwood hammock. The surrounding parcels are all vacant hammock parcels with the exception
of the lot east of the north section which has a house under construction.
FINDINGS: It appears that vegetation, including protected native vegetation, was cut without
the benefit of a permit. The clearing is a violation of Section 6-100(a), Section 118-7(c), and
Section 118-13(a). Compliance with other sections of code has not been determined.
RECOMMENDATION: Issue a Notice of Violation. An after-the-fact permit for restoration
will be required in accordance with Section 118-11. The permit will require the following:
(1) The site shall be restored to its pre-violation grade.
(2) All native trees, shrubs, and groundcovers on the unlawfully cleared site shall be replaced
with native plant species as appropriate to the site unlawfully cleared. The trees shall be of a
size and maturity commensurate to the unlawful clearing as determined by the County
Biologist. The native species mix shall consist of the approximate percentages of the
predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the
violation, but if any endangered or threatened tree, shrub or groundcover species were
unlawfully cleared,then those species shall be replaced with plants of a size and maturity
commensurate to and related to the unlawful clearing as determined by the County Biologist
regardless of predominance.
(3) All replanted trees, shrubs, and groundcovers shall be located on site within the same areas
that were unlawfully cleared.
(4) A monetary guarantee for the restoration work, as stipulated in subsection (e) of this Section,
shall be provided in the form of a surety bond, cash, or other financial guarantee in a form
acceptable to the Planning Director and the County Attorney.
(5) The restoration work to correct the land clearing violation in accordance with subsections
(b)(1)-(3) of this Section shall be required to receive final inspection approval by the County
Biologist.
m
In addition,the permit holder shall be required through a financial guarantee approved by the
Planning Director and the County Attorney,to guarantee the satisfactory completion of the
restoration work in accordance with the approved restoration site plan and the survival of at least
80 percent of the replanted trees for a period of at least three years after the issuance of the after-
the-fact permit for the restoration work.
(1) Guarantee amount. The amount of the restoration guarantee shall cover the full costs of the
restoration work described in subsections (b)(1)-(3) of this Section. The estimated costs of
the restoration described in subsection (b) of this Section shall be the sum of subsections
(e)(1)a. and (e)(1)b. of this Section:
a. One-hundred percent of the estimated cost of the restoration described in subsection
(b)(1) of this Section as estimated by the County Engineer; or alternatively, 150
percent of the price of a binding contract for the restoration work required by
subsection (b)(1) of this Section, entered into with a contractor qualified to perform
such work.
b. One-hundred percent of the estimated cost, as estimated by the Building Official, of
performing the restoration work described in subsections (b)(2) and (b)(3) of this
Section; or, alternatively, 150 percent of the price of a binding contract for the
restoration work described in subsections (b)(2) and(3)of this Section, entered into
with a state licensed landscape architect.
(2) Form of Guarantee. The guarantee shall be in a form approved by the Planning Director and
the County Attorney. The guarantee shall be payable to the county in the amount of the
estimated total cost for restoration work as calculated in subsection (e)(1) of this Section, and
enforceable, on or beyond a date 36 months from the date of the permit issued for the
restoration work. Release of any guarantee shall be conditioned upon final approval by the
County Biologist of the restoration,work as stipulated in subsection (c)(2) of this Section.
(3) Default. All guarantees shall provide that if the permit holder failed to complete required
restoration work in accordance with the restoration site plan and failed to comply with the
requirements of subsection (c)(2) of this Section, the Planning Director in consultation with
the County Attorney, may take the following action: inform the guarantee company in
writing of default by the permit holder and request that it take necessary actions to complete
the required improvements.
NOTE: I can be reached at (305) 453-8800 for any questions. Thank you.
2872
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2015 AERIAL - CE17100022- GUY
MM 98.8 HARBOR SHORES . KEY LARGO
FROM ARC GIS (GEOGRAPHIC INFORMATION SYSTEM) 2873
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FROM ARC G|S (GEOGRAPHIC INFORMATION SYSTEM)
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FROM ARC GIS (GEOGRAPHIC INFORMATION SYSTEM)8 2875
12/9/24,2:01 PM gPublic.net-Monroe County, FL-Report:00522380-000000
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 regarding one tax year may not be applicable in prior or subsequent years.By requestin such data,you
k ereb�!understand and agree that the data is intended for ad valorem tax purposes only and hou d 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 00522380-000000
Account# 1641596
Property ID 1641596 �ul °'U � 9
Millage Group 500K
Location VACANT LAND,KEY LARGO
Address
Legal BK 6 LT 15 HARBOR SHORES PB3-56 KEY LARGO OR17-67 OR512-653 09602-764
Description OR609-896OR778-515OR21931817/18OR2499-2407OR2758-949 ;u �
QN ote:Not to be used on IIegA aiocu.urrwnts,r 'F" z
Neighborhood 1868
Property Class VACANT RES(0000)
Subdivision HARBORSHORESSUB
Sec/Twp/Rng 28/61/39
big f
Affordable No
Housing t ry s
Owner
GUY I II WII..I 1AM G
115 High St
Tavernier FL 33070
Valuation
2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values
+ Market Improvement Value _..... ... $0..
+ MMarket Misc Value tL $0 $0 $0 $0
+ MarkeandValue ,.............. �..... ..$101,935.—..... .., ,,, _..$101,935 ..-.. $63,54 4
$59 572
Just Market Value $101,935 .. ............... $101,935 $63,544 ........., $59,572.,.
.11... . _ .. .. .............. ._ ,. .... -
111
Total Assessed Value $48,457 $44,052 $40,047 $36,406
_..... _ .........
__. $0 .. --------
School0 $0
Taxable Value.. .....�... $101,935 ... .... ...........$101,935 m $63,544 .... $5.9,5 w.
_-.�,... 9,572
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Va ue Taxable Value Maximum Portabilitymm
024 $101,935 $0
.... ._ .... 935 $48457 m $0 $1
_.......,,, 01935 $0
2 $0 $101mm
2023 $101,935 $0 $0 $101,935 $44,052 $0 $101,935 $0
�2022 $63,544 �$0 $0 $63,544 $40,047 _-m ... .. ... .......
�. .... 111. .____-- �e.. $0 $63 544 $0
2021 ..............____e..... .............. m .....�._ .-------- ..... _.. ___
2020 $33,096 $0 $0 $33.096 $33,096 $0 $33096 $0
2019 $33,096 $0 $0 $33,096 $33.096 $0 $33096 $0
_. e............ .. ..... ___,,,_._ ..... ....
2018 $33,096 $0 $0 $33,096 $33,096 $0 $33,096 $0
The ll*Winuuuuu as Ili:.ach.ual you l:all ui3Oity Ain u+A u d Con Lact uam o fiae Ovci ufytlie arhmlll Ixi�u tnllb lllity ainouiil
Land
Land Use Number of Units Unit Type Frontage Depth
RESIDENTIAL DRYUNPERMITTED(01.... .. .....
DM) 6,853.00 Square Foot 0 0
2876
https:Hgpubiic.schneidercorp.com/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4&PageID=7635&Q=1037600361&KeyValue=00522380... 114
12/9/24,2:01 PM gPublic.net-Monroe County, FL-Report:00522380-000000
Sales
Sale Date g cation Vacant or Improved Grantor Grantee
8/28//2015 -$312,500e Warrant Deed 2758 949 01 Qualifie
y Instrument Number Deed Book Deed Page Sale Qualification Instrument
d Vacant
1/7/2011 $100 Warranty Deed 2499 2407 11 Unqualified Vacant
3/15/2006... $106,000 Warranty Deed. ... 2193.w. 1817. M-Unqualified
...... .....Vacant
View Tax I nfo
for c'd'ria�L''1'011
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TRIM Notice
No data available for the following modules:Buildings,Yard Items,Permits,Sketches(click to enlarge).
SCHNEIDER
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"'14 Real
IIIII NOTICEuOFADVALIIIORI Y "ulllam : .
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Nalula III' a TAXES AND NON-AD VALOREM ASSESSMENTS
7777r
1641596 500K 1641596
GUY WILLIAM G III 00522380000000286139
115 High St VACANT LAND
Tavernier, FL 33070-2313
BK 6 LT 15 HARBOR SHORES P133-56 KEY LARGO
OR17-67 OR512-653 OR602-764 OR609-896
OR778-515 OR2193-1817/18
IIIIIBiiiirli� rYears TaxesIIIII"
TAXING AUTHORITY TELEPHONE ASSESSEDVALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED
SCHOOL STATE LAW 305-293-1400 101,935 0 101,935 1.0660 108.66
SCHOOL LOCAL BOARD 305-293-1400 101,935 0 101,935 1.7980 183.28
GENERAL FUND 305-292-4473 48,457 0 48,457 0.9315 45.14
F&F LAW ENFORCE JAIL 305-292-7017 48,457 0 48,457 1.7232 83.50
HEALTH CLINIC 305-293-7500 48,457 0 48,457 0.0382 1.85
GENERAL PURPOSE 305-292-4473 48,457 0 48,457 0.1756 8.51
MOSQUITO CONTROL 305-292-7190 48,457 0 48,457 0.4344 21.05
M C LOCAL ROAD PATROI 305-292-7017 48,457 0 48,457 0.2889 14.00
SFWM DIST 800-432-2045 48,457 0 48,457 0.0948 4.59
OKEECHOBEE BASIN 800-432-2045 48,457 0 48,457 0.1026 4.97
EVERGLADES CONST PR, 800-432-2045 48,457 0 48,457 0.0327 1.58
K L FIRE RESC&EMERG 305-743-6586 48,457 0 48,457 1.1975 58.03
AD VALOREM TAXES: 7.8834 $535.16
, y
MILL SS" R °�SS
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1PAY " L""INE'! LEVYING AUTHORITY TELEPHONE UNITS AMOUNT
on
KEY LARGO WASTEWATER#4 305-451-4019 0.000 327.26
NON-AD VALOREM ASSESSMENTS: $327.26
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MONROE COUNTY, FLORIDA
i
RESOLUTION NO.05�L201.4
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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 2879
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 2880
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
2881
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
2882