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Item Q05 Q5 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 March 25, 2025 Agenda Item Number: Q5 2023-3783 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan N/A AGENDA ITEM WORDING: Approval of a resolution waiving the fine and costs and authorizing the County Attorney to execute a release of a lien arising from PROP-MAY24-0040 against JOAN SCHAWAROCH-THOMAN REVOCABLE TRUST 2/18/2023 and the property, 31316 Avenue J, Big Pine Key, Florida 33043. ITEM BACKGROUND: The subject property(31316 Avenue J, Big Pine Key, Parcel ID# 00304430-000100)was the subject of code compliance case PROP-MAY24-0040, where a lien (totaling $5850.50) has been recorded against the property and its owner. The lien is recorded at Document 2482653, Book 3302, Page 1697. The lien is against the property owner, Joan Schwaroch-Thoman Revocable Trust 2/14/2023, and the land on which the violation exists (the subject property) and upon any other real or personal property owned by the violator; and In PROP-MAY24-0040 the property owner signed a Stipulation and a violation of Monroe County Code (MCC) 17-2.(c)was found with a daily fine of$50. Fines accrued to $4850 and costs of $1000.50. Upon reviewing the case for compliance, Code Compliance staff determined that, notwithstanding the property owner entering a Stipulation and agreeing to the violation, there existed an exemption to the violation of MCC 17-2.(c). Had the exemption been timely raised, no fine or costs would have accrued in the case. As such, staff recommends waiving the fine and costs and granting the County Attorney authority to release the lien. 3771 Monroe County Code does not provide the County Attorney with the authority to fully waive a lien, waive costs, or issue a release without approval by the BOCC. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approve resolution. DOCUMENTATION: Recorded lien.pdf Proposed Resolution FINANCIAL IMPACT: Waiver of$5850.50 in fines and costs. 3772 Doc#2482653 Bk#3302 Pg#1697 Electronically Recorded 12/5/2024 at 3:21 PM Pages 10 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: $86.50 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. JOAN SCHAWAROCH-THOMAN TRUST Case No.: PROP-MAY24-0040 Respondent(s). Subject Property Real Estate Number: 00307080-000000 LIEN/FINAL ORDER Having fully considered the evidence presented at hearing, including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s) and/or Authorized Representative SIGNED A STIPULATION AGREEMENT WITH MONROE COUNTY was not present via zoom webinar on October 24,2024 did not contest the violation(s)set forth in the Notice of Violation/Notice of Hearing which is incorporated herein as if fully set forth and attached hereto. (x) The Respondent(s) is/are the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s)is/are in violation of the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing served upon the Respondent(s). ( ) ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED, payable within days of this Order. (x) COSTS- Pursuant to Section 162.07(2)of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty(30) days of compliance. Costs will continue to accrue until compliance is achieved and the case is closed. (x) The Respondent(s)shall comply with the Code(s) referred to in the Notice of Violation/Notice of Hearing on or before 11/26/2024 ("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: 17-2.(c)* $50.00 (PER AGREEMENT) for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED. (x) It is further ordered that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s)with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter. ( ) The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s)shall pay the total amount of cost and/or fines($ )to Monroe County Code Compliance within thirty(30)days of this Order. (x) The Special Magistrate incorporates by reference the allegation(s) in the Notice of Violation/Notice of Hearing (attached hereto)and finds the allegation(s)was/were established by the County's Witness(es), Evidence and/or Exhibits that were introduced and accepted at the hearing. (x) Other: STIPULATION AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN. 3773 Doc.#2482653 Page Number: 2 of 10 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 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 RESPONDENT(S) RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING CODE COMPLIANCE AT(305)453.8806 FOR THE UPPER KEYS;(305)289.2810 FOR THE MIDDLE KEYS; (305)295.4343 FOR THE LOWER KEYS. DATED this 251h day of October ,2024. Ana"c:i:aZIMagistrate CERTIFICATE OF ORDER I hereb rtify that this' a true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: PROP-MAY24-0040 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: JOAN SCHAWAROCH-THOMAN TRUST 31316 AVENUE J BIG PINE KEY, FL 33043 Location of subject property: 31329 AVENUE I BIG PINE KEY, FLORIDA 33043 Real Estate Number: 00307080-000000 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. mail to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above and/or Authorized Representative NIA on this 25th day of October, 2024. Nicole Petrick, Liaison 3774 Doc.#2482653 Page Number: 3 of 10 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Case Number: PROP-MAY24-0040 Joan Schawaroch-Thoman Trust Respondent(s) STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES In the matter of: 31329 Avenue I, Big Pine Key, FL 33043 R E# 00307080-000000 Joan Schawaroch-Thoman Trust (herein after referred to jointly and severally as "Respondent(s)") and Monroe County Code Compliance ("Petitioner"), by and through the undersigned individuals, hereby agree and stipulate to the following: 1. Respondent(s) agrees that I/we received the Notice of Hearing issued in this case, and that a hearing is scheduled to be heard on September 26, 2024 to determine whether the charges alleged in the Notice of Violation and Notice of Hearing are accurate and supported by substantial evidence ("Hearing"). 2. Respondent(s) agrees that the violation(s) exist as alleged in the Notice of Violation which was served in this matter. Respondent(s) understands that he/she could appear at the Hearing and contest any evidence to be submitted by Code I 3775 Doc.#2482653 Page Number: 4 of 10 Compliance. However, by entering into this Stipulation, Respondent(s) understands and agrees that: (a) He/she need not appear at the Hearing, but instead, stipulates to entry of the finding against Respondent(s); and (b) Any evidence in the Code Compliance file will be deemed the record in the case; and (c) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The Respondent(s) understand that the property will be checked for compliance on November 26, 2024. 4. The parties understand that a fine of$50.00 per day that shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondent(s) fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows. 17-2.(c) $50.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs shall be imposed as a lien under Section 162.09(2) (d), Florida Statutes, and Monroe County Code section 8-29(b); 8-31 (c). 2 3776 Doc.#2482653 Page Number: 5 of 10 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violation of Monroe County Code 17-2. (c ) exists. This Stipulation Agreement shall be recorded as a lien against the property and upon any other real or personal property owned by the Respondent(s) if the property is not brought into compliance by the date specified in paragraph 3. 8. Respondent(s) agrees and represents that Respondent(s) entered into this Stipulation of the Respondent(s)'s own free will. Respondent(s) further understands and agrees that he/she has the right to consult with counsel prior to signing this Stipulation and has done so or has elected to waive this right. 9. The Respondent(s) understand and acknowledge that the sale of the subject property prior to compliance of the property and/or prior to the date specified in paragraph 3 will negate the stay of fines and the full amount of accrued fines will be reinstituted. 10. This Stipulation constitutes the entire agreement and any representation or understanding of any kind preceding the date of the parties' written final approval of this Stipulation not specifically and expressly memorialized herein is not binding on either party except to the extent that it has been specifically and expressly memorialized in this Stipulation. 11. The parties understand and agree that the Respondent(s) may revoke this Stipulation and that such revocation must be done in writing or done in person with Inspector McPherson by the end of business September 18, 2024. 3 3777 Doc.#2482653 Page Number: 6 of 10 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. Si ature of Respondent(/ Date Signature of Respondent(s) / Date Print Name Print Name STATE OF F(O►'.'dR i _ STATE OF COUNTY OF ryn©ny-0e COUNTY OF PERSONALLY APPEARED BEFORE ME,the PERSONALLY APPEARED BEFORE ME,the undersigned authority, undersigned authority, -5� " --E( Lnr lQ who, after who,after first being sworn by me, affixed his/her signature first being sworn by me,affixed his/her signature (name of individual signing) in the space provided (name of individual signing) in the space provided above on this q day of 1-1 _20 i� above on this day of 20_ NOTARY PUBLIF NOTARY PUBLIC NIN commission expires f�� �y' _20,4� My commission expires 20_: tt'�a"•:�'c AVANI GEORGE * Commission#HH 396423 a�APT!9Oe Expires May 9,2027 Si ture of a itioner(County)/Date tPh� Print name STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME,the undersigned authority, 'Q)• _�c_�1�c so-� who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this� rJ day of \,V�20 4 NOTARY PUBLIC DEBORAH A.GRIFFIN :• += MY COMMISSION#HH 461635 •,+'�«��?: EXPIRES:March 5.4028 4 3778 Doc.#2482653 Page Number: 7 of 10 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION / NOTICE OF HEARING JOAN SCHAWAROCH-THOMAN TRUST Case: PROP-MAY24-0040 31316 AVENUE J BIG PINE KEY, FL 33043 Parcel Id: 00307080-000000 Owner: JOAN SCHAWAROCH-THOMAN JOAN TRUST Location: 31329 AVENUE BIG PINE KEY, Florida 33043 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 05/03/2024 and subsequently found the following violation(s) of Monroe County Code: VIOLATION: CORRECTIVE ACTION: 17-2.(c)* Inoperative/Abandoned Watercraft Remove all watercraft that are wrecked, inoperative, The boat"Little Susie II" is inoperative and/or partially dismantled and/or decayed and/or abandoned. abandoned or stored on a boat trailer that is not ready for highway use for a period of 30 days, or place completely screened from view from street or any other residential structure (must meet setbacks of land use district where located) or place in a completely enclosed building. Contact your Code Compliance Inspector upon compliance. PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 09/26/2024 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 09/18/2024 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 Code Enforcement Special Magistrate even if the violation has 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 3779 Doc.#2482653 Page Number: 8 of 10 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING 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, or email directly to Petrick-NicoleCaD-monroecounty-fl.gov, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: hftps://monroecountvfl.nextreguest.com. If you are requesting the case file in preparation for Your hearing your request should be submitted no less than ten (10)days prior to your scheduled 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 THE NEED TO ATTEND THE HEARING. Please contact your inspector below. Code Inspector: HEATHER JAMES Contact Number: 305-289-2812 Code Department Office Locations and Main Contact Number: Middle Keys: Upper Keys: 2798 Overseas Highway, Suite 330 102050 Overseas Highway Marathon, FL 33050 Key Largo, FL 33037 (305)289-2810 (305)453-8806 PAGE 2 3780 Doc.#2482653 Page Number: 9 of 10 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon,Florida 33050 NOTICE OF VIOLATION /NOTICE OF HEARING CERTIFICATION OF SERVICE hereby certify that a copy hereof has been furnished to the above-named addressee(s) by Certified Mail, Return Receipt Request: Tracking ID: 9589 0710 5270 0500 7097 76 Sent On: T / a,, /Q q 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". PAGE 3 3781 Doc.#2482653 Page Number: 10 of 10 County of Monroe Code Compliance Department 2798 Overseas Highway Marathon,Florida 33050 NOTICE OF VIOLATION/NOTICE OF HEARING ZOOM WEBINAR INSTRUCTIONS You are invited to a Zoom webinar. When: 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing Please click the link below to join the webinar: https://mcbocc.zoom.us/j/89817567983 Or iPhone one-tap: US:+16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: https://mcbocc.zoom.us/u/k6hcmxBou 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. PAGE 4 3782 1 3 4 5 7 MONROE COUNTY, FLORIDA 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. -2025 10 11 12 A RESOLUTION OF THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS WAIVING FINES AND COSTS AND 14 AUTHORIZING THE COUNTY ATTORNEY TO RELEASE A 15 CODE COMPLIANCE LIEN AGAINST JOAN SCHAWAROCH- 16 THOMAN REVOCABLE TRUST 2/18/2023 AND THE PROPERTY 17 AT 31316 AVENUE J, BIG PINE KEY, STEMMING FROM CODE 18 COMPLIANCE CASE PROP-MAY24-0040. 19 20 21 WHEREAS, the subject property (31316 Avenue J, Big Pine Key, Parcel ID# 00304430- 22 000100) was the subject of Code Compliance Case PROP-MAY24-0040, where a lien (totaling 23 $5850.50)has been recorded against the property and its owner. The lien is recorded at Document 24 2482653,Book 3302,Page 1697. The lien is against the property owner,Joan Schwaroch-Thoman 25 Revocable Trust 2/14/2023, and the land on which the violation exists (the subject property) and 26 upon any other real or personal property owned by the violator; and 27 28 WHEREAS, in PROP-MAY24-0040 the property owner signed a Stipulation and a 29 violation of Monroe County Code (MCC) 17-2.(c) was found with a daily fine of $50. Fines 30 accrued to $4850 and costs of$1000.50; and 31 32 WHEREAS,upon reviewing the case for compliance, Code Compliance staff determined 33 that, notwithstanding the property owner entering a Stipulation, there existed an exemption to the 34 violation of MCC 17-2.(c). Had the exemption been timely raised, no fine or costs would have 35 accrued in the case; and 36 37 WHEREAS,the BOCC finds that a waiver of the fine and costs that accrued is warranted 38 due to the existence of an exception to the violation; and 39 40 WHEREAS, the BOCC finds that a release of the lien is warranted; and 41 42 WHEREAS,the County Code does not provide the County Attorney with the authority to 43 fully waive fines, waive costs, or issue a release without approval by the BOCC. 44 Resolution -2025 Page 1 of 2 3783 I NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 3 4 Section 1: The "Whereas" clauses set forth above are incorporated as findings by the 5 Board. 6 7 Section 2: The fine and costs that accrued in PROP-MAY24-0040, totaling $5850.50, 8 are hereby waived. 9 10 Section 3: The County Attorney is authorized to issue a release of the lien recorded at 11 Document 2482653, Book 3302, Page 1697. 12 13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 14 Florida, at a regular meeting held on the 25 h day of March, 2025. 15 16 Mayor James K. Scholl 17 Mayor Pro Tem Michelle Lincoln 18 Commissioner Craig Cates 19 Commissioner David Rice 20 Commissioner Holly Merrill Raschein 21 22 23 BOARD OF COUNTY COMMISSIONERS 24 OF MONROE COUNTY, FLORIDA 25 26 27 BY 28 MAYOR JAMES K. SCHOLL 29 30 (SEAL) 31 ATTEST: KEVIN MADOK, CLERK Approved as to form 32 and legal sufficiency: 33 34 �� -� 3/11/25 35 36 AS DEPUTY CLERK Kelly Dugan 37 Assistant Monroe County Attorney Resolution -2025 Page 2 of 2 3784