HomeMy WebLinkAboutItem P05 P5
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
February 19, 2025
Agenda Item Number: P5
2023-3562
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
AGENDA ITEM WORDING: Authorization to initiate litigation against BENJAMIN BERNSTEIN
RESIDUARY TR B U/T/W and their property, 5700 4th Ave., Stock Island, Florida, to seek
compliance with the County Code and enforce the lien(s) arising from code compliance case number
CE19080002.
ITEM BACKGROUND:
CE19080002: This property has been the subject of a code compliance case for permits required—new
electric gate(fences) (not compliant) and fees/permitting ATF required(not compliant). The fines total
$34,300.00 as of January 7, 2025, and will continue to accrue at $100.00 per day, until compliance is
achieved.
A hearing was scheduled for July 27, 2023, and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of January 29, 2024. The
County's lien was recorded on February 9, 2024. A subsequent hearing was held on October 24, 2024,
and the property owner was not present. The Special Magistrate found the property remained in
violation and granted the County's motion to proceed with collections. The code case remains open for
non-compliance and failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value of the property as $4,607,676. The
property is not homesteaded and there are no pending foreclosure actions at this time. There is no
mortgage recorded.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's
lien on this property are:
4262
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 CE19080002 Bernstein Residuary TR E UTW.pdf
Resolution 057-2014 LIEN PROCESS.pdf
FINANCIAL IMPACT:
148-50001 Growth Management Admin- $2,500.00
4263
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gl Q
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.: CE19080002
BERNSTEIN BENJAMIN RESIDUARY TR B )
U/T/W, )
Respondent(s). )
ORDER AUTHORIZING FORECLOSURE AND/OR MONEY JUDGMENT
A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained
unpaid for at least 3 months from the date of the Order. Therefore,it is hereby ORDERED that the office
of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover
the amount of the lien plus accrued interest.
DONE AND ORDERED this 2511 d, er,, ' I 4, he Marathon Government Center,
Marathon, Florida.
John �" t a g er .......... ., ....._........�
Sp a ate
CERTIFICATE OF ORDER
I he] certify that s is a true and correct copy of the above Order.
Nino e 1'er ,.Liaison _.._..
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s) via
hand delivery/ first claws I.J.S. mail to Respondent(s) address of record w/ Sunbiz.org - Division of
Corporations and/or Authorized Representative, N/A , on this 251h day of October ,
24cNico
4
__..._ ..........�..._ _....---------
ick, Liaison
4264
ONROE COUNTY CODE COMPLI. .'E
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE19080002
Property Location: 5700 4TH AVE., STOCK ISLAND, FL 33040
Parcel ID: 00127250000000
BENJAMIN BERNSTEIN RESIDUARY TR B U/T/W
P.O. BOX 2455
KEY WEST, FL 33045-2455
4265
BRIEF FOR BENJAMIN BERI' STEIN RESIDUARY TR B U/T/ /—CE19090002
MOTION FOR COLLECTIONS 10/24/2024
httl?s.-//mcesearclh.monroecoun!y-fl.gov/code/CE1 9080002
Monica Rodriguez ,.
Research Analyst - Monroe County f
Subject Property— 5700 4T" AVE., STOCK ISLAND, FL
Violation(s):
• 6-100.(a) — Permits required — new electric gate (fences) (permit# C-FENCE-2023-
0031 pending issuance as of 10/7/2024; not compliant)
• 6-110.(a)(1) — Fees/permitting ATF required (not compliant)
Property is not in compliance
Lien was recorded in the Official Records of Monroe County on 2/9/2024, Book 3261,
Page 2424 and remains unpaid.
W Lien $27,092.23 as of October 16, 2024
NOTES:
NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT
PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 9/3/2024 to
address on PRC. Return receipt was received and signed.
PO not in communication with Research Analyst M. Rodriguez, since mailing of
Motion/Notice.
County is asking the Special Magistrate to authorize foreclosure and/or money judgment
proceedings on the Order/Lien in this case.
4266
BEFORE ! CODE COMPLIANCE SPECIAL AGISTRATE
JOHN VAN LANINGHAM
MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA, )
Petitioner, )
VS. ) CASE NO.: CE19080002
BENJAMIN BERNSTEIN RESIDUARY TR B )
U/T/W, )
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 February 9, 2024, Book 3261, Page
2424 on the property that was the subject of the code compliance action described as: 5700 4TH AVE. STOCK
ISLAND, FLORIDA 33040, MONROE COUNTY, RE# 00127250000000, and upon any and all other real and/or
personal property you own. The current outstanding amount of the County's lien as of August 28,2024 is $22,192.23
(fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be
considered on October 24,2024 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 "ti EBINAR. :INSTRUcTION .a - ",AC:HED HERETO.
�....
Kelly M. Dugan
Assistant County A orn
Fla. Bar No. 10587
L)LI arf_ lly e l oat -ec ullty-Fl G: v
1111 121 Street, Suite 408
Key West, Florida 33040
(305)292-3470
CERTIFICATE OF SERVICE
I hereby certify that:oil this 5 day of .:. e' . 2024 a copy of the foregoing was furnished to
Respondent(s)via Certified Mail Return Receipt Request No. 95.89,0710 5270 1229 8171 17,to P.O.BOX 2455
q
KEY WEST,FL 33045.
nlic
Code Compliance 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 "711".
4267
County of Monroe
The Florida Keys
,.. a Boardo�fCount Commissioners
Com Vis�rrcu�De artmor�t � ... � �"�,. ,
2798 Overseas Highway t , ' ti Mayor Holly Merrill Raschein,District 5
Marathon,Florida 33050 , ° i Mayor Pro Tem James K. Scholl,District 3
Voice:(305)289-2810 Craig Cates,District I
FAX: (305)289-2858 wX Michelle Lincoln,District 2
�r r w -• �"' David Rice,District 4
BENJAMIN BERNSTEIN RESIDUARY TR B U/T/W
P.O.BOX 2455
KEY WEST,FL 33045-2455
August 28, 2024
Subject: Code Case: CE19080002
Location: 5700 4TH AVE., STOCK ISLAND, FL 33040
Dear Property Owners,
This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of
the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code
compliance action and upon any and all other real and/or personal property you own.
Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on
October 24,2024 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 WEBINAR. INSTRUCTIONS ATTACHED HERETO.The purpose of this
bearing is to consider approval to initiate collection proceedings, (complaint for foreclosure and/or money
judgment).
Our records indicate that the violations remain on your property and the fines will continue to run until the property
comes into compliance. If you have achieved compliance, please contact your Code Inspector at the appropriate
location:
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305)289-2810
Upper Keys: 102050 Overseas Highway
Key Largo,FL 33037(305)453-8806
Additionally,pursuant to F.S. §162.07(2),the County is entitled to recover all costs incurred in prosecuting the case
and those costs are included in the lien authorized under F.S. §162.09(3). These costs will continue to accrue until
the violations are corrected and the case is closed.
Respectfully yours,
Monica Rodriguez
Code Compliance Research Analyst 305-289-2586
4268
You are invited to a Zoom webinar.
When: OCT 24 2024 9:00 AM Eastern Time (US and
Canada)
Topic: Special Magistrate bearing — OCTO EB 24, 2024
Please click the link below to join the webinar:
Or iPhone one-tap :
S: +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 I 8981756 7983
International numbers available:
.
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.
4269
r^`
jYMONROE COUNTY CODE COMPLI, . .CE
MONROE COUNTY, FLORIDA
Subject: Code Compliance Case CE19030002
Property Location: 5700 4TH AVE., STOCK ISLAND, FL 33040
Parcel ID: 00127250000000
BERNSTEIN BENJAMIN RESIDUARY TR B U/T/W
P.O. BOX 2455
KEY WEST, FL 33045-2455
4270
County of Monroe
The Florida Keys
Code Compliance Department .J lBoard of County Commissioners
2798 Overseas Highwa J Mayor Holly Merrill Raschein,District 5
Marathon,Florida 33050 6'tl� S Mayor Pro Tem James K. Scholl,District 3
Voice:(305)289-2810 444 Craig Cates,District 1
FAX: (305)289-2858 rid Michelle Lincoln,District 2
David Rice,District 4
K.
BENJAMIN BERNSTEIN RESIDUARY TRUST B U/T/W
P.O. BOX 2455
KEY WEST,FL 33045-2455
Apr 24, 2024
Subject: Code Case: CE19080002
Location: 5700 4TH AVE STOCK ISLAND, FL 33040
Dear Property Owners,
The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as
a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of
the code compliance action and upon any and all other real and/or personal property you own.
Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the
fines continue to accrue in the amount of$ 100.00 per day until the property comes into compliance. A daily fine
of$ 100.00 per day has currently accrued for 85 days for a current total of$ 8500.00.
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 $ 1092.23 and costs
will continue to accrue until the violations are corrected and the case is closed.
Therefore, the current amount of the Monroe County lien is $ 9,592.23 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
:, �
Janice Hall
Sr Code Compliance Inspector
305-289-2591
4272
County of Monroe
The Florida Keys
Code Coinglian+ce Deg artament f r Board of Count, Coanaanissioners
2798 Overseas Highway �G �r��rd �,,, 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 Michelle Lincoln,District 2
David Rice,District 4
BENJAMIN BERNSTEIN RESIDUARY TR B U/T/W
P.O.BOX 2455
KEY WEST, FL 33045-2455
February 9, 2024
Subject: Code Case CE19080002
Property Location: 5700 4TH AVE, STOCK ISLAND, FL 33040
Real Estate No.: 00127250000000
Dear Property Owner(s),
This letter is to inform you that our records indicate that the violation(s) remain on your property and the fines will
continue to run in the amount of$ 100.00 per day until the property comes into compliance.
Additionally, a lien against your property was recorded in the Official Records of Monroe County on 02/09/24,
Book 3261, Page 2424. The current amount of the County's lien is $ 2,092.23 (fines and costs) which continue to
accrue and increase until the case is compliant and closed.
This lien is a lien on the property that was the subject of the code enforcement action and upon any and all other real
and/or personal property you own.
You can resolve this matter by bringing the property into compliance and remitting payment in full to: Monroe
County Code Compliance Department; Attention: Nicole Petrick; 2798 Overseas Highway, Suite 330; Marathon,
Florida 33050. The County will then provide a Release and Satisfaction of Lien to you.
If you have achieved compliance,please contact your Code Inspector at the appropriate location.
Middle Keys: 2798 Overseas Highway, Suite 330, Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway, Key Largo,FL 33037 (305) 453-8806
l esp ectfully yours,
Nicole Petrick, Liaison
For questions regarding this letter, please contact your Inspector,
Janice Hall 305-289-2591 Half_„1mL nic e(4)tn i'sf(y,��,mamril,y 11 Lyon,
4273
Doc#2450705 814#3261 Pg#2424 Electra cally Recorded 2/9/2024 at 12:06 PM Pages 6,
Filed and Recorded in Official Records of INROE COUNTY KEVIN MADOK
ElcctronicallyREC: S52.50
BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE
MONROE COUNTY, FLORIDA
MONROE COUNTY FLORIDA,
Petitioner,
VS.
BENJAMIN BERNSTEIN RESIDUARY TR B U/T/W Case No.: CE19080002
Respondent(s). Subject Property Real Estate Number. 00127250-000000
LIEN 1 FINAL ORDER
Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or
witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED:
The Respondent(s)and/or Authorized Representative
w s not,present via zoom webinar on July 27 2023 did not contest the violation(s)set forth in the Notice of ViolationlNotice of
earing whin Is Incorporated herein ash'u y se ort an attached hereto.
(x) The Respondents)istare the owner(s)of property located within Monroe County and was/were duly noticed of the hearing.
(x) The Respondent(s)is/are in violation of the Monroe Counter Code(s)as fully set forth in the Notice of Violation/Notice of
Hearing served upon the Respondent(s).
( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$
is ORDERED,payable within days of this Order.
(x) COSTS - Pursuant to Sectlon 162.07(2) of Florida Statutes all costs incurred by the County in prosecuting the case is
ordered to be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the
case is closed.
(x) The Respondent(s)shall comply With the Code(s)referred to In the Notice of Violafion/INotice of Hearing on or before
01/29/2024 ('THE COMPLIANCE DATE').
(x) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date
set forth herein,fine(s)in the dollar amount:
6-100.a .50,00
6-110,f f('l) �50.00
for each da BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are
hereby ORDERED.
(x) It Is further ordered that the County is hereby authod ed to make all reasonable repairs Including demolition which are
required to bring the property into compllance and charge the Respondents) 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 full set forth in the Notice of Violation/Notice
of Hearing filed in this case and did not come into compliance on or before'T4E COMPLIANCE BATE but are now in
compliance.
The Respondent s)shall pa�the total amount of cost and/or fines($ )to
Monroe County Bode Compliance within thirty(30)days of this Order.
(x) The Special Magistrate incorporates by reference the allegations)in the Notice of ViolationNotice of Hearing(attached
hereto)and finds the allegation(s)was/were establlshed by th ounty's Whness(es), Evidence and/or Exhibits that were
introduced and accepted at the hearing.
( ) Other
Page 1
4274
Doe.#2450705 Page Number: 2 of 6
in the event of nonpayment of fines and/or costs imposed on Respondents),a certified copy of this Order may be recorded in the
public records and shall thereafter constitute a lien against the land on w ich the violation or violations exist and upon any other
real or personal properly 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,
1T' IS THE RESPf NDENT S RESPONSIBILITY TO REOLIEST A REINSPECTION TO DETERMINE WHETHER THE
PROPERTY IS OMPLIANT BY CAL I CODE rC IAI+ICE AT305 453µ8806 FOF E PPER KEYS^ 305 289-2810
FOR THE MIDDLE KEYS 305 206.4343 FOR THE LOWER KEYS,
DATED this 271h day of July , 2021
J ,Vag ani am„ Sp istrate
APPEAL PROCEDURES
Respondent( )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 he certify that is is a true and correct copy of the above Order.
Nicole Petrick, Liaison
CASE NUMBER: CE19080002
Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office:
BENJAMIN BERNSTEIN RESIDUARY TR B U/T/W
P.O. BOX 2455
KEY WEST, FL 33045-2455
Location of subject property:
5700 4TH AVE
STOCK ISLAND, FL 33040
Real Estate Number: 00127250-000000
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 I
first class U.S. retail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as
referenced above and/or Authorized Representative N/A on this 281' day of July 2023,
Nicole Petrick, Liaison
Page 2
4275
Doc.#2450705 Page Number: 3 of 6 -�
County of Monroe ;
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
. .. ......._........._... ... _..
NOTICE OF VIOLATION/NOTICE OF HEARING
To: BENJAMIN BERNSTEIN RESIDUARY TRUST B U/T/W Case Number: CE19080002
P.O. BOX 2455
KEY WEST FL 33045-2455
Location: 5700 4TH AVE ,STOCK ISLAND,FL 33040
Re Number: 00127250000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 09/09/2019 and
subsequently found the following violation(s) of the Monroe County Code:
6-100.(a) - PERMITS REQUIRED
PERMIT(S), APPROVAL(S), AND ALL INSPECTIONS ARE
REQUIRED FOR THE:
1. NEW ELECTRIC GATE (FENCES)
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 INSPECTION(S).
6-110. (a)(1) - Fees/Permitting ATF Required
WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT
OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO
AFTER-THE-FACT FEES.
Corrective Action Required:
Contact the Monroe County Building Department and obtain an
after the fact permit or demolition permit. NOTE: All permit
fees and permit re, uirements are based on the. specific :scope
of work. Additional permits, permit fees, mitillation lees„
or restoration of the property to original condition may be
required. The minimum fee for an After the Fact permit is
S500.00 (five hundred dollars) as per the Monroe County
Code. All permits will require PASSING final inspections(s). PETITIONER'S
Contact the Code Compliance Inspector upon compliance. EXHIBIT
1
4276
Doc.#2450705 Page Number: 4 of 6
(+✓ PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate
in the above case on 07/27/2023 at 9:00 AM at the Monroe County Government Regional Center,
2798 Overseas Hwy., Marathon, Florida. ALL P'ROPER'TY OWNERS WHO WISH `TO
PARTICIPATE IN THE IIEARING SHOJILD ATTEND VIA ZOOM WEBINAR.
INSTRUCTIONS ATTACHED HERETO.
( L,�You can avoid attending the hearing if all violation(s) noted above are corrected by 07/19/2023
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the violation
has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety,and welfare or is irreparable or irreversible in nature,
therefore no compliance date has been provided. This case may be presented to the Special Magistrate
even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate ntay impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced.
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU
AND YOUR PROPERTY.
You may appear and/or be represented by an attorney or authorized agent. If you are represented by an
attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special
Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax:
305) 289-2858, or email directl to [', �w k l i +l� „n,rp0Iff �, C0L1,\ 1 Mwk�.,�, prior to the date of the
( y
hearing./i»kYou III �Nmay.l l-Il eXIf j mst a coPya of If your
au are ae file
uestiaaa filing
11e cra public
011c i ncl rdc qi estfbr�Ar
lrcarin ?ur recltae ,t should be subajaitted nq,less than tern l fl da s ['i r t lseduletl lie Lrina.
You may request a continuance of the hearing for good cause shown, If you choose to request a
continuance, a written request can the County s form must be made at least five (5) busim s� 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.
PETITIONER'S
EIIIT
2
4277
Doe.#2450705 Page Number: 5 of 6
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:
HAL
L, JANICE
Sr Code Inspector v `
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 earned addressee(s)by Certified Mail,
Return Receipt Request No.: 7018 0360 0000 4982 447 n
�- . 3
Code Compliance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding, please contact the County Administrator's Office,by phoning
(305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days
prior to the scheduled meeting; if you are hearing or voice impaired, call 711".
I i
EfFT
:20"I'SIT
3
4278
Doe.#2450705 Page Number: 6 of 6
Special Magistrate Hearing - July 27th, 2023
You are invited to a Zoom webinar.
When: July 27, 2023 09:00 AM Eastern Time (US
and Canada)
Topic: Special Magistrate Hearing - July 27th, 2023
Please click the link below to join the webinar:
https:/Zmcbocc.zoom . us/`i/""`
87459436777
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i
a�BI
4279
County of Monroe
ii
iR Mw "
Code Compliance Department
%
2798 Overseas Highway
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: BENJAMIN BERNSTEIN RESIDUARY TRUST B U/T/W Case Number: CE19080002
P.O. BOX 2455
KEY WEST FL 33045-2455
Location: 5700 4TH AVE , STOCK ISLAND, FL 33040
Re Number: 00127250000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property was initiated on 09/09/2019 and
subsequently found the following violation(s) of the Monroe County Code:
6-100.(a) -PERMITS REQUIRED
PERMIT(S), APPROVAL(S), AND ALL INSPECTIONS ARE
REQUIRED FOR THE:
1. NEW ELECTRIC GATE (FENCES)
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 INSPECTION(S).
6-110. (a)(1) - Fees/Permitting ATF Required
WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT
OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO
AFTER-THE-FACT FEES.
Corrective Action Required:
Contact the Monroe County Building 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 the Monroe County
Code. All permits will require PASSING final inspections(s).
Contact the Code Compliance Inspector upon compliance. 1
4280
( PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate
in the above case on 07/27/2023 at 9:00 AM at the Monroe County Government Regional Center,
2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO
PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR.
INSTRUCTIONS ATTACHED HERETO.
( You can avoid attending the hearing if all violation(s) noted above are corrected by 07/19/2023
and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not
corrected by the time specified, the case may be presented to the Special Magistrate even if the violation
has been corrected prior to the hearing.
( ) The Code Inspector has reason to believe violation(s) or the condition causing the violation(s)
presents a serious threat to the public health, safety,and welfare or is irreparable or irreversible in nature,
therefore no compliance date has been provided. This case may be presented to the Special Magistrate
even if the violation(s) have been corrected prior to the hearing.
( ) The Code Inspector has reason to believe repeat violation(s) have been found, therefore no
compliance date has been provided. This case may be presented to the Special Magistrate even if the
repeat violation(s) have been corrected prior to the hearing.
If the Special Magistrate finds that violation(s) have occurred, then the Special Magistrate may impose
fines, not to exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a
repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, the Special Magistrate may impose
additional fines to cover all costs incurred by the County in enforcing its codes. If the County is forced
to correct your violation(s), the Special Magistrate may order all costs incurred to be reimbursed to the
County. THE IMPOSITION OF FINES AND/OR COSTS MAY RESULT IN A LIEN AGAINST YOU
AND YOUR PROPERTY.
You may appear and/or be represented by an attorney or authorized agent. If you are represented by an
attorney, your attorney is required to file a written notice of appearance with the Liaison for the Special
Magistrate, 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509, Fax:
(305) 289-2858, or email directly to Pcti°icl�- icole tC�riilolll-(,)ec L,Iiit�v-I°l.g v, prior to the date of the
hearing. You may request a copy of your case file by filing a public records request online:
� II L)SW//IDOM°OCCOL10t 0JWXIre Liest.coiii. If you are requesting the case file in preparation foc• our
Hearing, your re Best should be submitted no less than men 10 days oijor to your schedgled 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.
81
�r �
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:
HALL, JANICE
Sr Code Inspector
Middle Keys: 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys: 102050 Overseas Highway
Key Largo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
I hereby certify that a copy hereof has been furnished to the above named addressee(s)by Certified Mail,
Return Receipt Request No.: 7018 0360 0000 4982 447 on a®a 3
✓Yl
Code Compliance Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND
THE MONROE COUNTY COURTHOUSE.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in
order to participate in this proceeding,please contact the County Administrator's Office,by phoning
(305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days
prior to the scheduled meeting; if you are hearing or voice impaired, call 711".
4282
Special Magistrate Hearing - July 27th, 2023
You are invited to a Zoom webinar.
When : July 27, 2023 09:00 AM Eastern Time (US
and Canada)
Topic: Special Magistrate Hearing - July 27th, 2023
Please click the link below to join the webinar:
tt c occ-zoom.us 7 5 3' 77
Or iPhone one-tap
US: +16465189805„87459436777# or
+16699006833„87459436777#
Or Telephone:
Dial(for higher quality, dial a number based on
your current location):
US: +1 646 518 9805 or +1 669 900 6833
Webinar ID: 874 5943 6777
International numbers available:
https-Lmcbocc.zoom .us u lie` i
90,4283
MONROE COUNTY FLORIDA
CODE COMPLIANCE DEPARTMENT
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REGISTERED MAIL
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Henri-Gabriela
From: Code Compliance Complaint <do_not_reply@civicplus.com>
Sent: Monday, July 29, 2019 5:08 PM
To: Code-Compliance-Complaints
Subject: New request received
Category Code Compliance Complaint has received a new request.
Here is what we have on file
Code Compliance Complaint Form
BIJI .K°pllflTTER Wow
. ..Request
Category: Code Compliance Complaint
Prlorityl- 3
Aars, fined'l'w Unassigned Key West,FL 33040
Submitted: 7/29/2019 5:08 PM CONTACT
Source: Website 107.72.176.120
IR..EQlJ[EST l.luE7.'A.III S
5700 4th Ave#5
Pasty's powder coating ilea, ription
5' High temp ovens installed with electrical-no permit
Back door cut into structure no permit
Fence installed no permits
Please noP:ily the fbIlowing agencies instead of using this eComprlsi.int
Fantrum lfrepmort:in&>
-For cornpmla,ints regarding CONTRACTORS please use the
C:,R:unitractor/I..irullicensed Contractor Comprlurinrt elf^orm by clicks ng,lhT:,V°RI...;"
instead,or you may comact that investigator allrec ly at 305-289-25.16 or
by l..g p;�.
..In.-progress Illegal Dumping,V,.,mdahsrn anal/or Treslrmssing,please call
the Sherill's office:911
.Animal Nuisance complaints please call Anhnrral Control:305-294-
485T
Otherwise,please enter a description of the vloWlo n below and all other
fields as realuuired..
Bt ief lkscrip'tiorn
n4285
High temp ovens installed with electrical-no permit
Back door cut into structure no permit
Fence installed no permits
Address of k1leged Violation
5700 4th Ave#5
Property Owner or Tenant if known
Pasty's powder coating
Nearest mile MarkeiY,
5
Your Illniorn°nation
Name
Address
Fax Number
Ernaii Address
Preferred Contact Method
Email
.
00 a)Q
Monroe County Code Compliance Department
102050 Overseas Hwy, Suite 225
Key Largo, FL 33037
Phone: (305) 453-8806 Fax: (305) 453-8819
2798 Overseas Highway, Suite 330
Marathon, FL 33050-2227
Phone: (305) 289-2810 Fax: (305) 289-2858
Community Concerns & Complaint Form
Date:
—6— —101—
Method of Delivery: Phone ( Person ( Other
Please include details pertaining to the complaint,address of complaint or description of the location.
(street ., ember, 9�� , etch ..---
street name and nu
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Complainant Nam /Address pursuant to B 60 effective July 1, 2021.
Name:
Address:
E-mail:
Phone: _
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Complaint Taken By:
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1/7/25, 1:41 PM gPublic.net-Monroe County, FL-Report:00127250-000000
MoMPROPE TY 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
pprovided regarding one tax year may not be applicable in prior or subsequent years.By req,uestin such data,you
herebyy understand'and agree that the data is intended for ad valorern tax purposes only and should not be relied on for
any ot6ier purpose.
By continuing into this site you assert that you have read and agree to the above statement.
Summary
Parcel ID 00127250-000000
Account# 1161462 l
Property ID 1161462
Millage Group 110A
Location 5700 4TH Ave,STOCK ISLAND
�wrvm a'
Address
Legal PT SQR 55&ALL SQR 55&SQR 57 PT LOT 13 STOCK ISLAND MALONEY SUB PB1-55
Description AND PT VACATED 5TH AVE AND BAY BOTTOM AND FI LLED BAY BOTTOM SOUTH
OF AND ADJACENTTO BLOCKS 55-56-57 RESOLUTION DATED 6/14/66OR193.269
O R399-422 OR399-424 OR497-492 OR538-900 OR687-834 OR775-1721 OR775-
1727 OR918-2087 OR1274-133 OR1274-135 OR2531-2026
V :I of to 1be used on XovaV nfaat:uui n en,La.b
Neighborhood 10060
Property Class OPEN STORAGE(4900)
Subdivision
Sec/TWp/Rng 35/67/25
Affordable No
Housing
Owner
BERNSTEIN BENJAMIN RESIDUARYTR B U/T/W
PO Box 2455
Key West FL 33045
Valuation
2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values
m__
+ Market Improvement Value $0 $0 $0 $563,743
+ Market Misc Value $243 599 $74 996 $74.996 $75,490
+ Market Land Value $4364077 $2010482 $2010482 $5457,271
. .-- Just Market Value �_m.__ $4 607 676 $2,085,478............ ... $2,085,478 - $6 096,504
= Total Assessed Value $3,529,370 $2,085,478 $2,085,478 $1,904,980
eee .. w _ ...... .. -. ...............
School E_xem ......
pt Value_ ,...... ... _ $0 $0 $0 $0
School Taxable Value � �$4,607,676 $2,085,478 $2,085,478 $6,096,504
Historical Assessments
Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability
2024 $4.364077. $0 $2,.
43,599 $4 607 676 $3 529 370 $0 4,6 07 676 $0
.,.. _—... .. ......._ . ,.....
...._........._ _ $0 $2 085,478 $0
__... .. ........,.�,m,_� m..
.....u..,,,.
2023 $2 010 482 $0 $74 996 $2,085,478 $2,085,478
2022 $2 010 482 $0 $74 996 $2,085,478 $2,085,478 $0 $2,085,478 $0
2021 $1904 980 $0 $6,096 504 $0
W2020 $3274,363 $579,893 $760155 $3,930,277
_.__ _. ... $0
....�.� ......., _......m ....w,- .....,..m. .................1. ..-....� $1731800 $0 $3930 271
. ......w.. _-.......� .......�. .......
2019 $1,574,364 $0 $0 $1574364 $1574364 $0 $1.574,364 $0
...�_. ..- . ., .,. ._.W .m-..,.... _. ---..-.n,. e......- ._.. .. �..._..__ ...
2018 $1,574,364 $0 $0 $1,574,364 $1,574,364 $0 $1,574,364 $0
"fae Y'7a Aurniuin li''nau fl:aafpfi0o ry is ain e10 ui na9.e oinly and shouIId not her ire I iegip uApo n At lIhc actuall pilau tl alNI l9y,amani.uiI�P Col 7t.a cl:r rr offur,er.to ver iIry fIhe,ar t Gu„a8 lKaliIIlity ai no1iuntirt.
https://gpublic.schneidercorp.com/Application.aspx?AppID=605&LayerlD=9946&PageTypeID=4&PagelD=7635&Q=1481070701&KeyVaIue=00127250 4290
1/7/25, 1:41 PM gPublic.net-Monroe County, FL-Report:00127250-000000
Land
.. �a,.-.... a ew X —.......,. m _ ..Land Use Number of Units Unit T pe Frontage Depth
. of 0 0
(4900) Square
(95001�.n. 90319000 ........�..h .��.�......._ro _ ...„Acreageo. ,. ...��. ��.... ......... � ... n,�. .,...____v... ..,..�....a. „�.�.o,. ,,,,,,.
0 0
Buildings
BuildinglD 41985 Exterior Walls CONC BLOCK
Style Year Built 1948
Building Type SERVICESHOPS-D-/25D EffectiveYearBuilt 1975
Building Name Foundation
Gross Sq Ft 2493 Roof Type
Finished Sq Ft 2085 Roof Coverage
Stories 3 Floor Flooring Type
Condition POOR Heating Type
Perimeter 312 Bedrooms 0
Functional Obs 0 Full Bathrooms 0
EconomicObs 0 Half Bathrooms 0
Depreciation% 60 Grade 100
Interior Walls Number of Fire PI 0
.,,....,..,. _nw. ......... �. �..,. m
Code Description Sketch Area Finished Area Perimeter
FLA FLOOR LIVAREA 2,085 2,085 0
a� ...................... .0P PRCH� ��.��......._ti...e - _........ ........... e, �......�-- �...
F FIN L 408 0 0
TOTAL ��.. -.
2,493 2,085 0 ... e
BuildinglD 41986 Exterior Walls C.B.S.
Style Year Built 1958
Building Type WAREHOUSE/MARINAC/48C EffectiveYearBuilt 1990
Building Name Foundation
Gross Sq Ft 7956 Roof Type
Finished Sq Ft 6103 Roof Coverage
Stories 1 Floor Flooring Type
Condition AVERAGE Heating Type
Perimeter 398 Bedrooms 0
Functional Obs 0 Full Bathrooms 5
EconomicObs 0 Half Bathrooms 0
Depreciation% 45 Grade 250
Interior Walls Number of Fire PI 0
Area Perimeter
Code Description Sketch Area Finishedm„ e
CAN CANOPY 1,140 0 0
�... „„..... ........e,........REA..............m... .. _w.... m.....--....wr ...,.
FLA FLOOR LIV A 6,103 6,103 0
..OPF ....... OPPRCH FIN L.-.., .....-.,,,m..... m,, -__._ ....,...
L 55 0 0
ULP� UNFL. _. ... .. .. ._.
N LOAD PLT 658 0 0
TOTAL 7,956 6,103 0
BuildinglD 41987 Exterior Walls METALSIDING
Style Year Built 1948
Building Type LTMFG/PREENGBLDG-D/41D EffectiveYearBuilt 1949
Building Name Foundation
Gross Sq Ft 4806 Roof Type
Finished Sq Ft 4806 Roof Coverage
Stories 2Floor Flooring Type
Condition POOR Heating Type
Perimeter 464 Bedrooms 0
Functional Obs 0 Full Bathrooms 5
Economic Obs 0 Half Bathrooms 0
Depreciation% 60 Grade 100
Interior Walls Number of Fire PI 0
Code nnnnnnDescription Sketch Area Finished Area Perimeter� a y y
FLA FLOOR LIV AREA 4,806 4,806 0
.._.. .._
TOTAL 4,806 48 ..,,.,....06 _ Of
BuildinglD 41988 Exterior Walls METALSIDING
Style Year Built 1993
Building Type SERVICE SHOPS-A-/25A EffectiveYearBuilt 2001
Building Name Foundation
Gross Sq Ft 2136 Roof Type
Finished Sq Ft 2080 Roof Coverage
Stories 2Floor Flooring Type
Condition GOOD Heating Type
Perimeter 264 Bedrooms 0
Functional Obs 0 Full Bathrooms 6
Economic Obs 0 Half Bathrooms 0
Depreciation% 30 Grade 250
https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayerlD=9946&PageTypelD=4&PagelD=7635&Q=l481070701&KeyValue=0012725C 4291
1/7/25, 1:41 PM gPublic.net-Monroe County, FL-Report:00127250-000000
Interior Walls Number of Fire PI 0
Description Sketch Area Finished Area Perimeter
Code Descr... _. _. ...........____. .m...... ,.,� ...............
FLA FLOOR LIVAREA 2,080 2,080 0
SBU UTI.�.��.... _.w.w...®......., ....,.. rr..,�w
UNFIN BLK 56 0 0
a ............ , .. .._._ ...
TOTAL 2,136 2,080 0
Yard Items
Description
I Year Size Quantity Units Grade
ASPHALTPAVING 1947Bw1t 194..���..
8 80 x 300 1 24000 SF 1
LC UTIL BLDG 1959 1960 18 x 30 1 540 SF 3
CONCPATI0 ..�1975.�.
1976 O x 0 1 21 SF 2
.._ __..,.. m. �...... ..
FENCES 1975 1
x 0 1 3250 SF 3
a,CH LINK FENCE �w. 1982 1983... .... 6.... ......... �� __.
6
x 182 1 1092 SF 2
UTILITY.BLDG
. au�.... 1982...�..m... 1983mm.mm._..�._
12x10 1 120SF 2
�.......... ... w m_._ W �m.m.._ ..........�.... _...
CONC PATIO 1982 1983 20 x 20 1 400 SF 5
CONC PATIO 1982 1983 20 x 20 $ 400 SF 5
�.. �m_ ....
UTILITY BLDG 1982 1983 8 x 8 1 64 SF 2
UTILITY BLDG 1988 1989 8 x�8 � ...,m...
f 645E 2
.......e ... ... ..u,
WALLAIRCOND 1989
FENCES �... .a. mr 1989 1990 8x.0........._ w . .............._ 1UT �ns..e.2 _�.........�
._9
25 1 200SF 2
WOOD DECK 1989 1990 18 x 12 1 216 SF 3
�............ .. ........_. n�_ -..�...�.�......�.......e. _ m �....
WOOD DECK 1989 1990 12 x 25 1 300 SF 2
UTILITY �..�.. .............. r.. .. .. .....
BLDG 1989 1990 8 x 10 1 80 SF 2
... . 1990 �.,m... .. .. —----- ,._____.�..........
1991 Ox0 1 40SF 2
_,Y.e. _....
UTILITY BLDG 1991 1992 10x8 1, 80SF 2
.................. .................
CONC PATIO 1992 1993 10 x 62 1 620 SF 2
3 10 x 62 1 620 SF 2
.RW2PATIO ..w.............�eee 1992 1993. � �.....m .�F CONC_
6 x 154 1 924 S F 4
„A,. ... ...._..,,�,,....,,�_..._ .�..._m.,.._.,._„w�_.,�_ ....�����..._...._......., ............m_ ......� ., ..�..
CH LINK FENCE 1993 1994 6x210 1 1260SF 2
SEAWALL 1975 1976 3 x 290 1 870 SF 4
_
WOOD DOCKS ... ... �...,..,, 1995 1996..�__� 4.X
.. ,, ..�._ _. .............
300 1 1200SF
5E 3
SEAWALL 1995 1996 3 x 300 1 900 SF 4
......... „AW,,, .,....... ....... �.., ...,,
SEAWALL 1959 1960 3 x 277 1 831 SF 4
,,,� e.e.��.....�.., �. ....._ x 0 ........, ... .......
CONCRETE DOCK 1968 1969 O 1 277 5 4
UTILITY BLDG 1975..._,_. .,.�..�... 2011 .�,,,...... 11
x 12 1 132 SF 4
Permits
Permit
Number Date Issued Status Amount Type Notes
._GFENCE10/25/2024 Active $8,00 W,�.�,_ n..,.e.m ......... .Aa e.m m.mm.�... w...,,,....,.. �.......m �.�. .... ..._......
0 Commercial After the fact fence permit
2023-0031 _ _
20101656 08/13/2020 m Completed $2,300 Commercial REMOVE DAMAGED 200A ELECTRICAL SERVICE AND REPLACE WITH NEW 200A OVERHEAD AD
ELECTRICAL SERVICE WITH NEW METER COMBO AAD GROUNDING AND BRING UPTO CODE
16102455 05/03/2016 Completed $2,195 Commercial INSTALL 150LF OF LINK ��.' FENCE.
16101324 03/24/2016 Completed $37 620 mm DEMO MAIN WOODEN STRUCTURE EXISTING CO
NCRETE BUILDING SLAB TO REMAIN.
14104703 10/21/2014 Completed $2,450 Commercial REPLACE DAMAGED 200 AMP SERVICE
m ...._ 1/02/ ,.w _.. ..e. . �.w
12104390 12012 Completed $0 Commercial
12104390 11/02/2012 Completed........_.,.�. ,_ ....... �.........
_ $8,000 Commercial RE ROOF 1200 SF MODIFIED BITUMEN ROLL
12103462 08/10/201'2 Completed $16,800 Commercial....... ...e..e......... ..........IN
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Sam C. Steele C.F.C. 0� '2 � ��I�ai IIIII�e'gl ��IsIIoatA
Monroe County Tax Collector NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS
d
1161462 110A 1161462 I
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BERNSTEIN BENJAMIN RESIDUARY TR B
00127250000000356725
U/ Box 2455 5700 4TH Ave o
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04
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Key West, FL 33045-2455 STOCK ISLAND MALONEY SUB PT SQR 55 PB1-55
AND PT VACATED 5TH AVE OR399-422-423 N M
RESOLUTION DATED 6-14-66 LO
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TAXING AUTHORITY TELEPHONE ASSESSEDVALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED
SCHOOL STATE LAW 305-293-1400 2,085,478 0 2,085,478 1.0660 2,223.12
SCHOOL LOCAL BOARD 305-293-1400 2,085,478 0 2,085,478 1.7980 3,749.69
GENERAL FUND 305-292-4473 2,085,478 0 2,085,478 0.9315 1,942.62
F&F LAW ENFORCE JAIL 305-292-7017 2,085,478 0 2,085,478 1.7232 3,593.70
HEALTH CLINIC 305-293-7500 2,085,478 0 2,085,478 0.0382 79.67
GENERAL PURPOSE 305-292-4473 2,085,478 0 2,085,478 0.1756 366.21
MOSQUITO CONTROL 305-292-7190 2,085,478 0 2,085,478 0.4344 905.93
M C LOCAL ROAD PATROI 305-292-7017 2,085,478 0 2,085,478 0.2889 602.49
SFWM DIST 800-432-2045 2,085,478 0 2,085,478 0.0948 197.70
OKEECHOBEE BASIN 800-432-2045 2,085,478 0 2,085,478 0.1026 213.97
LOWER&MIDDLE KEYS F 305-292-4473 2,085,478 0 2,085,478 1.7414 3,631.65
EVERGLADES CONST PR. 800-432-2045 2,085,478 0 2,085,478 0.0327 68.20
AD VALOREM TAXES: 8.4273 $17,574.95
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SCAN '' PAY ONI INEY'
LEVYING AUTHORITY TELEPHONE UNITS AMOUNT
IR STOCK ISLAND WASTEWATER PHAS 305-289-6051 24.850 5,186.59
NON-AD VALOREM ASSESSMENTS: $5,186.59
MPWW IIA01115111101111 1 A11CIII III L( '101111,1:1"II61129
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$22,761.54
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Nov 30,2024 $0.00
BERNSTEIN BENJAMIN RESIDUARY TR B
U/T/W
PO Box 2455
Key West, FL 33045-2455
PLEASE MAKE CHECKS IPAYAI31LE'T0-
I')111..EASIIF; 1111)0 Nt"F'WIIft111111IIIF'll;BIII'I;I...OW 'I'II IIIIIIIS III 111111'IIII; wAlM ST1EEILIEq 1"A7t I'.OLILII G'TOR
LJ,S,FUNDS ONLY
Paid 11/25/2024 Receipt# 131-24-00001649 $21,851.08 4298
Paid By BERNSTEIN BENJAMIN TR B
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MONROE COUNTY, FLORIDA
i
RESOLUTION NO.05�L201.4
r%
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ADOPTING THE PROCEDURES TO BE USED AFTER A FINAL
ORDER HAS BEEN RENDERED BY THE CODE COMPLIANCE
SPECIAL MAGISTRATE TO INITIATE INJUNCTIVE RELIEF f
FOR NON-COMPLIANT PROPERTIES, FORECLOSURE r
AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION
OF UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER; AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code Section 8-31(a)
give the Special. Magistrate appointed to hear Code Compliance cases the authority to impose i
fines and costs including the cost of repairs if the County is forced to make repairs, after a
finding that the property owner has violated the Monroe County Code(s); and
WHEREAS pursuant 20(3), Florida. Statutes and Monroe County Code 8- t
( ) feed of an Order imposing py a tine or a tine plus repair costs may be recorded
in the public records and thereafter constitute a lien against the land on which the violation
exists and upon any other real or personal property owned by the violator; and
I
WHEREAS, a certified copy of the Order imposing the fines and costs becomes a lien on all
real and personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, the County has the authority to initiate litigation to enforce its codes and recorded
liens;
and
WHEREAS, the initiation of litigation may be the only incentive for some property owners to
gain compliance; and
WHEREAS, the Board of County Commissioners finds it in the public's interest to have a
formalized written procedure to be used after a Final Order has been rendered by the Code
Compliance Special Magistrate to initiate injunctive relief on non-compliant properties, j
foreclosure and/or money ,judgment actions for collection of unpaid fines and/or costs from a
property owner;
March 19, 2014 Code laien Procedure 4299
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 4300
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
4301
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
4302