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HomeMy WebLinkAboutItem R3 R3 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 July 16, 2025 Agenda Item Number: R3 2023-4171 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against CARL BRADLEY MCCLARNEY and his property, 29678 Enterprise Ave., Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE23020036. ITEM BACKGROUND: CE23020036: This property has been the subject of a code compliance case for failure to complete mandatory sewer connection(not compliant). The fines total $41,800.00 as of June 18, 2025, and will continue to accrue at $100.00 per day, until compliance is achieved. A hearing was scheduled for April 27, 2023, and the property owner signed a Stipulation to code violation and for time to comply for first time offenses on April 12, 2023. On April 27, 2023, the Special Magistrate approved the stipulated agreement with a compliance date of October 4, 2023. On October 16, 2023, the property owner signed a second Stipulation for an Extension of Time to Comply, extending the compliance date to January 12, 2024. A third Stipulation for an Extension of time to Comply was signed by the property owner, extending the compliance date once again to April 25, 2024. The County's lien was recorded on May 3, 2024. A subsequent hearing was held on March 27, 2025, and the property owner was present via Zoom webinar. 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. According to the Monroe County Property Appraiser, the Just Market Value of the property is $621,513. The property is homesteaded and there are no pending foreclosure actions at this time. There is a mortgage on the property in the amount of$453,129, which predates the County's lien. Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's 5183 lien on this property are: 1. Initiate litigation against the property owner for injunction and/or money judgment; 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 (option 1) initiating litigation against the property owner for injunction and/or money judgment. 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 CE23020036 McClarey.pdf Resolution 057-2014 LIEN PROCESS.pdf FINANCIAL IMPACT: 148-50001 Growth Management Admin- $2,500.00 5184 E 6 I ' 1 s M,w BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE23020036 CARL BRADLEY MCCLARNEY, ) Respondent(s). ) ................ ..... _ ) ORDER ACI"l HORIZING FORECLOSURE AND/OR MONEY XDGMENT 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 2�7111 d of Orel, 25, at the Marathon Government Center, Marathon, Florida. Johai n ate glta� __.....� ... ..— Sl�ecl II *, CERTIFICATE OF ORDER I here certify tlia his is a true and correct copy of the above Order. ........... Nicole Petrick' 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 class I.X.S. mail to Respondent(s) address of record w/the Monroe County Property Appraiser's Office and/or Authorized Representative, N/A on this 27th day of March 1025. Nicole Petrick, Liaison 5185 i MONROE COUNTY CODE COMPI-6-4CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020036 Property Location: 29676 ENTERPRISE AVE., BIG PINE KEY, FL 33043 Parcel ID: 00247700000000 CARL BRADLEY MCCLARNEY 29676 ENTERPRISE AVE. BIG PINE KEY, FL 33043 5186 BRIEF FOR CARL BRADLEY MCCLARNEY — CE23020036 MOTION FOR COLLECTIONS 3/27/2025 hitt a://mcesearch.monroecount -fp. ov/code/CE23020036 Monica Rodriguez Research Analyst - Monroe County ® _J rJ Subject Property— 29678 ENTERPRISE AVE., BIG PINE KEY, FL Violation(s): 20.51(a) — mandatory connection/sewer (no permit applied for; not compliant) • Property is not in compliance Lien was recorded in the Official Records of Monroe County on 5/3/2024, Book 3274, Page 1389 and remains unpaid. 0 Lien $34,152.63 as of March 24, 2025 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 2/5/2025 to address on PRC. Return receipt was received signed. NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 2/5/2025 to address noted on Notice of Violation (multi-family duplex structure). Return receipt was not received signed, therefore, the courthouse and property were both posted, as well as, mailed via first class mail. 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. 5187 BEFORE : __E CODE COMPLIANCE SPECIAL lAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23020036 CARL BRADLEY MCCLARNEY, ) Respondent(s). ) NOTICE OF MOTION TO AUTHORIZE FORECLOSURE ANDIOR MONEY IUIIGMEN 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 May 3,2024,Book 3274,Page 1389 on the property that was the subject of the code compliance action described as: 29676 ENTERPRISE AVE. BIG PINE KEY,FLORIDA 33043,MONROE COUNTY,RE#00247700000000,and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of January 22, 2025 is $28,052.63 (fines and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on March 27,2025 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. ....- Kelly M. Dugan Assistant Cc t� tto ney Fla. Bar No. 105870 I t mm r -G e M )i1i o Q()q�a1y IM"1 G v 1111 121h Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this day of February, 2025 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 959'0710 20 1229 817( 3 to 29676 ENTERPRISE AVE BIG PINE KEY,FL 33043. 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"71111. 5188 County of Monroe The Florida Keys Code Compliance De artmewnt ��: Board of Cq!I Cawnm ssioners 2798 Overseas Highway r ? � Mayor James K. Scholl,District 3 Marathon,Florida 33050 �� ,ors Mayor Pro Tem Michelle Lincoln,District 2 Voice:(305)289-2810 �� � Cr g Cates,District 1 FAX: (305)289-2858 4 David Rice,District 4 Holly Merrill Raschein,District 5 CARL BRADLEY MCCLARNEY 29676 ENTERPRISE AVE. BIG PINE KEY,FL 33043 January 22, 2025 Subject: Code Case: CE23020036 Location: 29676 ENTERPRISE AVE., BIG PINE KEY, FL 33043 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 Public Hearing will be conducted by the Code Compliance Special Magistrate on March 27, 2025 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERSWHO WISH TO PARTICIPATE IN'THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACIIER 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, Monica Rodriguez Code Compliance Research Analyst 305-289-2586 cad L1CZ-ll1Oilica(i)monnxoccoualty-- .&'Lv 5189 You are invited to a Zoom webinar. When: MARCH 27 2025 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Dearing — MARCH 27, 2025 Please click the link below to join the webinar: Or ilhone one-tap : UiS: +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: 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. 5190 c MONROE COUNTY CODE COMPL. CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020036 Property Location: 29676 ENTERPRISE AVE., BIG PINE KEY, FL 33043 Parcel ID: 00247700000000 CARL BRADLEY MCCLARNEY 29676 ENTERPRISE AVE. BIG PINE KEY, FL 33043 5191 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERE'D MAIL RECEIPTS CASE NUMBER: CE23020036 CERT #: 9589 0710 5270 1229 8176 43 GOOD SERVICE: NO SERVICE: 9589 0710 5270 1229 8176 43 tr .... aAma 9, 4 „y per�ryy ma a arti E Pe' w� 00, mm ® GOV ;n 5192 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020036 INSP: ROBINSON, CHRISTIAN I, s' Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: MCCLARNEY CARL BRADLEY, described as 29676 ENTERPRISE AVE , BIG PINE KEY, FL 33043 , having the property RE* 00247700000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 3-27-2025. 7uB7 ICE WAS POSTED AT: CT�PP�E7 AS STATED ABOVEDate � Time: V Monroe County Courthouse—500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse—3117 Overseas Highway, Marathon, Florida Date Time: Plantation Key Courthouse—88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn to and subscribed before me this day of 202 RRENEDY RIGBY o ar Public, e Ids MY COMMISSION#HH301587 , ;. EXPIRES:September 5,2026 CERTIFICATION OF MAILING: 1, 1 t' t.f Monroe County Code Compliance, declared under penalty of perjury, that I mailed a duplicate copy of the above-mentioned No .c ' irst. Class Mail to: MCCLARNEY CARL BRADLEY , 29676 ENTERPRISE AVE , BIG PINE KEY, F 33043 . Signature: rY1Gz-t�l"f��Q_P Sworn to and subscribed before me this day o!;v 2025. a JAM�IE L GROSS NoPublic, State of Florida Notary Public.State o4 Florida �cr y Comm:.Expires Mar 2,1,2027 Bonded through Natiaruat Notary Assn. 5193 / �� 0/1 Public MIS ....I I.... r�Ry .... larm ( Poll, a-eiwAN1[ ri rr6's u,>,ti n,wt,Irq NkWu !// � •, � aaai uv�¢aruamlrcuraeu 4 pPr'eltCWl''f t1Y I;V I.R. II.CG4e'I III 4 r 0Kii OIK Ulhp'b,b11Cq UIw_1, 1 �I i ooi I II IIVi d a411,r r L� � A m 0 Lin 74Y rwl m,�mro-{a a+p.L,4rh1%e "a" r " "/�uq'"' , VIi°' .,Timt, sl,.l.... vwti�r......r;u.,d;uu,...1.�sx�ratus�ha aA,a„ U,a� e i., !r FVb tlISR.,...�Nw6)V, r �f/'Y m¢,V.,�t ✓ �"�� d � w I ,. �2 � t � W�^� w� ,�tir�+�rT'�W p .: �� ��Yl:.'r"i I��t Y i �������� `�"'^�`"k&p��t�^r'" y�rt ^y��l N� "'°'p,�u ;w•a/1� n�i f 7 " C 6 OE CDUNS'Y g, CODE COMPLIANCE n „ J DO NOT REMOVE THIS NOTICE r w � r Case # CE23020036 29676 Enterprise Ave 3-10-25 C. ROBINSON 5194 � � s iw M� „mot 4u gyp Y IQIN I I m I W c 7���� /'���f �fYu�u/ � e l r mr�' ✓x�k�' t � ��" 1✓/rrM^� � ,_„„�, o �Pof v✓ 4, �a � off ����IIrG� ,:✓� .,�6b r)� �,� � '�/ »,� "���'7�� o � �,�°""�'��i" 7 u��Iqy��';,�,�� �•'d � �N'�� � �� � ��'� "�" ���! r ' 1 !1D r Case # CE23020036 29676 Enterprise Ave 3-10-25 C. ROBINSON 5195 i / yr j wmm�_n J � iry laiVl .. I I ` 6ef;IN ra. Phut ti r as 4444 I '�' � Y v'""a^ � •�. r, a a � w . i � s° rr Li�� 7rr1C ✓'/� ✓ ,,, � rr y obi �,���, do � r 31 Case # CE23020036 29676 Enterprise Ave 3-10-25 C. ROBINSON 5196 MuNROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020036 INSP: ROBINSON, CHRISTIAN I, ;t�N V \k S Monroe County Code Compliance, declare under penalty of perjury, that I postd the property owned by: MCCLARNEY CARL BRADLEY , described as 29678 ENTERPRISE AVE , BIG PINE KEY, FL 33043 , having the property RE#: 00247700000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 03/27/2025. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: Monroe County Courthouse -500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse -3117 Overseas Highway, Marathon, Florida Date: 03 -EDP Time: t '• z Plantation Key Courthouse - 88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn to and subscribed before me this day of � �„ 2025. USA$.MARSHALL y rr1 a" f �e 9., MY COMMISSION#HHso 20 Notary Public, State of Florida EXPIRES:December 8,2028 CERTIFICATION OF MAILING: I, I l ��-� I ,, Monroe County Code Compliance, declared under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Noti First Class Mail to: MCCLARNEY CARL BRADLEY , 29676 ENTERPRISE AVE , BIG PINE KEY, FL 304 Signature: Sworn to and subscribed before me this day of f 2025. Notary Public, St �e of Florida n KAREN J. PHINNEY MY COMMISSION 9 HR227981 "1- y EXPIRES:April 19,2026 5197 Y r 1 f IiiiiIIIIV ����Ipiuiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluiluilui�'lui�iiui�..............�tilii IIII i� %r � MI l�ir� I �uirv� r j, COURT POSTING CE23020036 29676 ENTERPRISE AVE. BIG PINE KEY BIG PINE KEY 03/06/2025 INSPECTOR: PHILLIPS 5198 BEFORE _ _E CODE COMPLIANCE SPECIA; iAGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23020036 CARL BRADLEY MCCLARNEY, ) 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 May 3,2024,Book 3274,Page 1389 on the property that was the subject of the code compliance action described as: 29676 ENTERPRISE AVE. BIG PINE KEY,FLORIDA 33043,MONROE COUNTY,RE#00247700000000,and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of January 22, 2025 is $28,052.63 (fines and costs)which continue to accrue and increase until the case is compliant and closed. This motion will be considered on March 27,2025 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPER"I"y OWNERS WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO.. Kelly M. Dugan Assistant County At drne Fla. Bar No. 105870 DuiLttr►-K llyC, loi1L g omit 8°l Qov 1111 12" Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this day of February, 2025 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 95 89 0710 5270 12 177 73 to 29678 ENTERPRISE AVE BIG PINE KEY,FL 33043. 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"71119. 5199 County of Monroe The Florida Keys Code Compliance De artmera Board of"C'ounty Commissioners �� . . 2798 Overseas Highway Mayor James K. Scholl,District 3 Marathon,Florida 33050 �1� m,s m Mayor Pro Tern Michelle Lincoln,District 2 Voice: (305)289-2810 1 Craig Cates,District 1 FAX: (305)289-2858 e 41 David Rice,District 4 "a Holly Merrill Raschein,District 5 CARL BRADLEY MCCLARNEY 29678 ENTERPRISE AVE. BIG PINE KEY,FL 33043 January 22, 2025 Subject: Code Case: CE23020036 Location: 29676 ENTERPRISE AVE., BIG PINE KEY, FL 33043 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 Public Hearing will be conducted by the Code Compliance Special Magistrate on March 27, 2025 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 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, Monica Rodriguez Code Compliance Research Analyst 305-289-2586 odriL,tJez-jnotiica(ii),ii o1ii�occounty-fl.g 5200 You are invited to a Zoom webinar. When: MARCH 27 2025 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — MARCH 27, 2025 Please click the link below to join the webinar: https-,J/mcb,occ.zoom.uJsj 9817567983 Or iPhone one-tap : CIS: +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-,//"­""""mcb,occ.zoom.usZu 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. 5201 MONROE COUNTY CODE COMPL'JCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020036 Property Location: 29676 ENTERPRISE AVE., BIG PINE KEY, FL 33043 Parcel ID: 00247700000000 CARL BRADLEY MCCLARNEY 29678 ENTERPRISE AVE. BIG PINE KEY, FL 33043 5202 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS CASE NUMBER: CE23020036 CERT #: 9589 0710 5270 1229 8177 73 Tco n O T GOOD SERVICE: ° co NO SERVICE: � cn m 3 0 a m Is m � m co h wei -AOD 3 rn co C No � CO 953QN N N N 9589 0710 5270 1229 8177 73 � L 3 0 0. Cr W Q a I m O �. .ru Q E to a ar �w Si co ,� x r Tan m an o O 9 m {�iw c D " w ��� o IU ` y„a{. wJ ¢ffi "kX T1m mnry O nJ W .—..,.....V "'�«` 4r - CD9 acyl N CD.nnnnr� � rWY mlii CIL m ^A. m 'J ❑❑❑❑❑❑. T � � aes�eon�exn� 'w ow. � W m n����2 '."v � • ooppmmaa(A X », I� p,,, IDN N m. :01a �Y+,w�,,p " q' m0 m E 2. �G""� 0 m w N �ICD e g t III' ao CD N m m �^ 0 ❑'❑ 000 o ^� m rn may g: � � w"4 N m m gi o 3 C a0 n� R a g 7 < Z Nam' Q .Ly m mi, �J3V N Off. m 3 I CDo Z m >> ® `m (D m 5203 County of Conroe The Florida Keys Code tw.om liance Department mac. board ot` ounty "oniniissioners 2798 Overseas Highway �w 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 � r � Michelle Lincoln,District 2 David Rice,District 4 CARL BRADLEY MCCLARNEY 29676 ENTERPRISE AVE BIG PINE KEY,FL 33043 July 18, 2024 Subject: Code Case: CE23020036 Location: 29676 ENTERPRISE AVE BIG PINE KEY, FL 33043 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 83 days for a current total of$8300.00 . 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 $952.63 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 $9,252.63 and fines and costs will continue to accrue until compliance is achieved and payment is received. Failure to bring your property into compliance within 15 days may result in a referral to the Monroe County Attorney's Office for further action. Respectfully yours, ROBINSON, CHRISTIAN 5204 County of Monroe The Florida Keys ` � ad Commissioners Code Compliance Department C 2798 Overseas Highway p' t Mayor Holly Merrill Raschein,District 5 Marathon,Florida 33050 .. Mayor Pro Tem James K.Scholl,District 3 Voice:(305)289-2810 L I, 111 i Craig Cates,District 1 FAX: 289-2858 Michelle Lincoln,District 2 305 David Rice,District 4 CARL BRADLEY MCCLARNEY 29676 ENTERPRISE AVE BIG PINE KEY,FL 33043 May 3,2024 Subject: Code Case CE23020036 Property Location: 29676 ENTERPRISE AVE, BIG PINE KEY, FL 33043 Real Estate No.: 00247700000000 Dear Property Owner(s), This letter is to inform you that our records indicate that the violation(s)remain on your property and the fines will continue to run in the amount of$ 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 05/03/24, Book 3274, Page 1389. The current amount of the County's lien is $ 1,652.63 (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 Respectfully yours, /Y/dOGG rGWd Nicole Petrick, Liaison For questions regarding this letter,please contact your Inspector, Christian Robinson 305-453-8809 rbllon-chritln :���o��roeosrr�� -t3, "'oy 5205 Doc#2460430 Bk#3274 Pg#1389 ElectroT 1Ily Recorded 5/3/2024 at 12:47 PM Pages 23 Filed and Recorded in Official Records of M.,NROE COUNTY KEVIN MADOK ElectronicallyREC: S197.00 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY,FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. CARL BRADLEY MCCLARNEY Case No.: CE23020036 Respondent(s). Subject Property Real Estate Number: 00247700-000000 LIEN I 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 were not present via zoom webiniar on April 2�7 202 and did not contest the vio anon s set ort in the Notice_67olatiohlNotice of Hearing which Is incorporated herein as if fully set forth and attached hereto. (x) The Respondents)is/are the owner(s)of properly 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)shalt comply with the Code(s)referred to in the Notice of Violation/Notice of Hearing on or before 1010412023' ('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: 20- 1,a 1ID 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 mare 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 ODE(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 pa yy the total amount of cost andlor 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 ViolationlNotice 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. Page 1 5206 Doc.#2460430 Page Number: 2 of 23 In the event of nonpayment of tines and/or costs imposed on Respondents),a certified copy of this Order may be recorded in the public records and shall thereafter constitute alien against the land on w ich the violation or violations exist and upon any other real or personal property owned by the violator. The Count may institute foreclosure pproceedings if the lien remains unpaid for three months and/or may sue to recover money judgment or the amount of the lien plus accrued interest. Please make checks payable to Monroe County Code Compliance and marl to; Monroe County Code Compliance, Attn: Office of the Liaison, 2798 Overseas Hwy.,Suite 330, Marathon,'FL 3300. IT IS THE RESPONDENT(',, RESPONSIBILITY TO REQ' EST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CALLING ODE COMPLIANCE AT 305 45 •8806 FOR T E LIP EIS , S; f305)289M28f0 FOR THE MlD LE K S' 30a 295.4343 FOR THE LOWER KEYS. DATED this 28th day of April , 2023. ' ,1Otrrr n Laningha , special Magi t µ CERTIFICATE OF ORDER I hereby certify that th is a true and correct copy of the above Order. Nicole Petrick, Liaison CASE NUMBER: CE23020036 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office: CARLBRADLEY MCCLARNEY 29676 ENTERPRISE AVE BIG PINE KEY, FL 33043 Location of subject property: 29676 ENTERPRISE AVE BIG PINE KEY, FL 33043 Real Estate Number: 00247700-000000 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 ! first class Q.I.S. maid to Respondent(s) address of record with the Monroe County Property Appraiser's Office as referenced above andlor Authorized Representative NIA on this 28th day of April ,2023 L A/ _. Nicole Petrick, Liaison Page 2 5207 Doe.#2460430 Page Number: 3 of 23 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Case Number: CE23020036 Carl Bradley McClarney Respondent(s) STIPULATION TO CODE VIOLATION AND FOR TIME TO COMPLY FOR FIRST TIME OFFENSES In the matter of: 29678 ENTERPRISE AVE, BIG PINE KEY, FL RE# 00300240000000 Michael Raters (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 April 27, 2023 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 5208 Doe.#2460430 Page Number: 4 of 23 � 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 October 4 023 4. The parties understand that a fine of 100 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. 20-51. (a) $100.00 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). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to 2 5209 Doe.#2460430 Page Number: 5 of 23 subsequent purchasers, successors in interests, or assigns that the violation of Monroe County Code 20-51.(a) 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 Christian Robinson by the end of business April 14, 2023. 5210 Doc.#2460430 Page Number: G of 23 e sy signing this Stipulation, both parties represent that they have READ UNDERSTOOD,AND CONSENT to its terms and conditions �,#�` � " " If 0. t r �r yiure f es ond�ent(s) / Date y/�2�13 NOTAR Y� Ei.HC ,;'" N� FI�t t N�amea strata of R pertPrin - STATE OF i- ✓ dent l Date COUNTY OF _"" �� "LL Print Name PSTATE OF E"B'�'ON '�-° A�'�"'"LA"IfEFs BEFORE ME,the FI c "ER ign°ed autho,i y. COUNTY OF _.. a PERSONALLY APPEARED BEFORE �, :c .�klCi,after ME. [he tixst hecrt�sl*'o hy�atrUed hLg1her signature undersigned authority, tiR`tiviidtaal sigt,t"11)in the$".. acc Provided V�.�C.G 1,Ls day � _.,.20 Z3 '� b'Y me,!t_-xed-1r:4 who.�,&e,, aa�e� y���" first beta 'smwtarta� . _�.. "�,+ er signature name Of individual signings In thespace Provided NOTARY PUBLIC above on this_ —day off MY commission expires tZei 2 �16i "rrr,r, NOTARY PUBLIC L m w�O A �.a M ,/ 7 My Comm Ego res\r-"" My commission expires�' 4_ 2023 Apr-19,2023 i No GG 313851 0e tlt�lywy,uropi,wrr�r,rrrrr OF % Signature of Petitioner(County)/0,at �rr„ ,x.�� 'f ""- rrrau°°rt4rrt N1yComm EYp RS April 19,2023 4 � Print name No GG313651 � cl' " atAlL *""1st r#19AN1 bN 4A1,4511. STATE OF :.��' .mm...._ ...... COUNTY OE PERSONALLY APPL:ARED BL'I'ORP ML,the undersigned authority, who,after first being sworn by me,affixed hisltter sgnaturn above on this ° name o individual signing)in t) day of 20 �d 4 5211 Doe.#2460430 Page Number: 7 of 23 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Case Number: CE23020036 Carl Bradley McClarney Respondent(s) In the matter of: 29676 Enterprise Ave, Big Pine Key FL RE#00300240000000 STIPULATION FOR AN EXTENSION OF TIME TO COMPLY Carl Bradley McClarney (hereinafter 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 I/we received and signed the Stipulation agreement on April 10, 2023. Under the Stipulated Agreement we agreed to a compliance date of October 4, 2023. We are not going to be in compliance by that date. 2. Respondent(s) agrees that the violation(s) still exist in the above- mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a) The parties are now agreeing to extend the compliance date. (b) He or she waives the right to appeal any finding of violation or order that he or she would otherwise have under Section 162.11, Florida Statutes. 3. The property will be checked for compliance on January 12, 2024. (New compliance date). 4. The parties understand that a fine of$100.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 1 5212 Doe. 2460430 Page Number: 8 of 23 5. The Respondent(s) understands that if the Respondents(s) fails to comply within the time given in paragraph 3, the fine(s) shall accrue each day the violation(s) remain as follows: 20-51. (a) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d); Section 162.09(3) Florida Statutes, and/or Monroe County Code section 8-29(b); 8-31 (c). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 20-51. (a) 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. 5213 Doe.#2460430 Page Number: 9 of 23 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 C. Robinson by the end of business October 18, 2024. 5214 Doc.#2460430 Page Number: 10 of 23 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions. sign-- t eon _ILL' egl f the space atm(name ofindivtdual s� f p ay of < < 20 . Ignature of Respondent(s) / Date Print Name Signature of Respondent(s) / Date Print Name STATE OF b COUNTY OF PERSONALLY APPEARED BEFORE STATE Y ME,the OF ( COUNTY OF undersigned authority, h0, PERSONALLY APPEARED BEFORE ME,the __.. Lmdemigned author[ --., a fl f first being sworn by me,affixed hip, er yra8 +rm e te of indtvtdua s" ung)in the space y first by me who, � ` e this Hof after affixed r ' - signature(name of individual signin�?uti the c pro vtd eon this day of JB tC �. ..... OTA Y MRLIC Signature of Petitioner(County) / Date �5�.z/ r ' USE1TECUTIE . i MY COMMISSION#HH 303N2 Inspectors name EXPIRES:Oelobst18.20M STATE OF-,L"'-Led2✓ COUNTY OF �r,8� r PERSONALLY APPEARED BEFORE ME,the undersigned authority, wrho, after first being sworn by me,affixed his/her 4 5215 Doc.#2460430 Page Number: 11 of 23 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Case Number: CE23020036 Carl Bradley McClarney Respondent(s) In the matter of: 29676 Enterprise Ave, Big Pine Key FL 33043 RE# 00247700000000 STIPULATION FOR AN EXTENSION OF TIME TO COMPLY Carl Bradley McClarney (hereinafter 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 Vwe received and signed the original Stipulation agreement on April12, 2023. Under the Stipulated Agreement we agreed to a compliance date of October 4 2023. Respondent(s) agrees I/we received and signed subsequent Stipulation agreements as follows: 2"d Agreement was signed on October 16, 2025 with new compliance date of Ja;nua 12 2024. I/We are not going to be in compliance by that date. 2. Respondent(s) agrees that the violation(s) still exist in the above- mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a) The parties are now agreeing to extend the compliance date. (b) 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. 1 5216 Doc.#2460430 Page Number: 12 of 23 3. The property will be checked for compliance on April 25, 2024. (New compliance date). 4. The parties understand that a fine of$100.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondents(s) fails to comply within the time given in paragraph 3,the fine(s) shall accrue each day the violation(s) remain as follows: 20-51.(a) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d); Section 162.09(3) Florida Statutes, and/or Monroe County Code section 8-29(b); 8-31 (c). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 20-51.(a) 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 2 5217 Doc.#2460430 Page Number: 13 of 23 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 Christian. Robinson by the end of business Janua!y 26, 2024. 3 5218 Doc.#2460430 Page Number: 14 of 23 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions signature individualing)in the space provided above on this Win day of 2� Signature of Respondent(s) ! Date Print Name Signature of Respondent(s) / Date Print Name STATE OF COUNTY OF f`rlc>n-o e PERSONALLY APPEARED BEFORE ME, the STATE OF ./�WZ VAPCOUNTY OF ✓ 6 undersigned authanty, C C.rflr� Who, PERSONALLY APPEARED BEFORE ME,the after first being swornundersigned authority. a by me,affixed his er signature(name of individual signing)in the space ✓ who, provided above on this �S day of s�,,,r��rr�,r, 20� ,"�y10 °.,,yy after first being sworn Ly me affixed his/her .` . Cr ' Y signature(na d in idusi signin )in the D , . space p above tt this day of " tomm ;Ypres NO tr TARY PUB Ut Apnl 19 2027 -ne c�L% 1, No HH 37B491 'P BV.! ' ., NOTAR UBLIOF Signature of Petitioner(County)/ Date 13nMe'i)Yg9BY MyC0MjAjS$reoN raw 0t567 iitts:�tsmmttira Inspectors name STATE OF COUNTY OF �rar✓�i�' PERSONALLY APPEARED BEFORE ME.the undersigned authority, who, after first being sworn by me.affixed his/her 5219 Doc.#2460430 Page Plumber: 15 of 23 MONROE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE Monroe County Code Compliance Petitioner vs. Case Number: CE23020036 Carl Bradley McClarney Respondent(s) In the matter of: 29676 Enterprise Ave, Big Pine Key FL 33043 RE# 00247700000000 STIPULATION FOR AN EXTENSION OF TIME TO COMPLY Carl Bradley McClarney (hereinafter 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 Vwe received and signed the original Stipulation agreement on A ril�03. Under the Stipulated Agreement we agreed to a compliance date of October 4, 2023. Respondent(s) agrees I/we received and signed subsequent Stipulation agreements as follows: 2"d Agreement was signed on October 16 2023 with new compliance date of January 12, 2024_ I/We are not going to be in compliance by that date. 2. Respondent(s) agrees that the violation(s) still exist in the above- mentioned complaint as alleged in the Notice of Violation which was served in this matter. (a) The parties are now agreeing to extend the compliance date. (b) 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. 1 5220 Doc.#2460430 Page Number: 16 of 23 3. The property will be checked for compliance on April 25, 2024, (New compliance date). 4. The parties understand that a fine of$100.00 per day shall accrue daily if the property is not brought into compliance within the time specified in paragraph 3. 5. The Respondent(s) understands that if the Respondents(s) fails to comply within the time given in paragraph 3,the fine(s) shall accrue each day the violation(s) remain as follows: 20-51.(a) $100.00 per day 6. The Respondent(s) agree to pay all costs incurred in prosecuting the case within 30 days of compliance and that such costs may be imposed as a lien under Section 162.09(2)(d); Section 162.09(3) Florida Statutes,and/or Monroe County Code section 8-29(b); 8-31 (c). 7. Respondent(s) specifically agree that this Stipulation Agreement shall be recorded in the public records of the County and shall constitute notice to subsequent purchasers, successors in interests, or assigns that the violations of Monroe County Code 20-51_(a) 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 2 5221 Doe.#2460430 Page Number: 17 of 23 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 Christian. Robinson by the end of business,January 26, 2024. 3 5222 Doc.#2460430 Page Number: 18 of 23 By signing this Stipulation, both parties represent that they have READ, UNDERSTOOD, AND CONSENT to its terms and conditions providedsignature(name of above on d individual , iiiy)f the space 20 .2 Signature of Respondent(s) / Date Print Name Signature of Respondent(s) / Date Print Name STATE OF COUNTY OF e PERSONALLY APPEARED BEFORE ME, the STATE OF undersigned authonty, COUNTY OF /��.r✓` d PERSONALLY APPEARED BEFORE ME, the -A —�' n L C`�n _ who.Lf undersigned authority, after first being sworn by me,affixed his 6r signature(name of individual signing)in the space who, provided above on this 'd day ofN,,,,kiwi+,,,,, a .,+ after first being sworn by me affixed his/her 20 AR fi � signature(na o to iduai signttt )1t1 iris NOTARY PUBLIC rAM zoii 5 space above n than day of P Pr No HH 378491 NOTAR UBL1C 2 Signature of Petitioner(County) /Date r BRENr yRI BY Inspector's name .. � �IRAM �: pCt S,2026 STATE OF COUNTY OF �a�/; PERSONALLY APPEARED BEFORE ME.the undersigned authority, who, after first being sworn by me.affixed his/her 5223 Doe.#2460430 Page Number: 19 of 23 c County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 ` _.. --N� TICE OF VIOLATION/NOTICE OF HEARING To: CARL BRADLEY MCCLARNEY Case Number: CE23020036 29676 ENTERPRISE AVE BIG PINE KEY, FL 33043 Location: 29676 ENTERPRISE AVE,BIG PINE KEY,FL 33043 Re Number: 00247700000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/13/2023 and subsequently found the following violation(s)of the Monroe County Code: 20-5 L(a) -MANDATORY CONNECTION/SEWER FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM AND/OR DECOMMISSIONING ANY ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM WITHIN 30 DAYS OF NOTICE OF AVAILABILITY OF SERVICES. Corrective Action Required: LCONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A SEPTIC ABANDONMENT PERMIT. 2. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A MONROE COUNTY SEWER LATERAL CONNECTION PERMIT. ***CONTACT INFORMATION IS ATTACHED*** NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES.COMPLIANCE WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN CLOSED. 5224 Doc.#2460430 Page Number: 20 of 23 1 m s ( X ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special I Magistrate in the above case on 04/27/2023 at 9AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROIIFRI* OWNERS, WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. ( X ) You can avoid attending the hearing if all violation(s) noted above are corrected by 04/19/2023 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 yiolation(s) or the condition causing the N°iolation(s) presents a serious threat to the public health. safet. 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 ,iolation(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 yiolation(s) have occurred, then the Special Magistrate may impose tines, 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 tinds the violation to be irreparable or irreversible in nature. In addition to such tines, the Special Magistrate may impose additional tines to cover all costs incurred by the Count_ 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 attornev or authorized agent. If you are represented by an attorney, your attorney is required to file a written notice ol'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 Petrick- 11; µ. prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: htt s:"/mon:roccount ti.nextrecue t.com. It" °ou are rerucstingthe case „tile in orenaration for your hearin= ctut rc uest,should be Submitted no less than ten 1 f) days orior to vour 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 Nour inspector listed below. IIII 5225 Doc.#2460430 Page Number: 21 of 23 NOTE: 1F YOU DECIDE TO APPEAL. anv decision by the Special Magistrate. you kill need to ensure that a verbatim record of the proceedings is made. which shall include the testimonv 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 a riate Lion: ROBIN ..... SON. CHRISTIAN Code Inspector 3,c _( 45— _ p�►rl 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 certiA, that a copy hereof has been furnished to the above named addressee(s) by Certified Mail, Return Receipt Request No.: 7018 0360 0000 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 of8:30 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". w 3 a' 5226 Doe.#2460430 Page Number: 22 of 23 ~ Special Magistrate Hearing - April 27th, 2023 6 You are invited to a Zoom webinar. When: Apr 27, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - April 27th, 2023 Please click the link below to join the webinar: htt s: mcbocc.zoom.us/i/874868461 11 Or iPhone one-tap US: +16465189805„87486846111# or +16699006833„87486846111# 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 8684 6111 International numbers available: https:Lmcbocc.zoom.us/uZkbVZ4plvlP n 5227 Doe.#2460430 Page Number: 23 of 23 Connection to the Central Sewer System Contact Information ypperAgys • Department of Health(DOH) 305-676-3941 Open Monday-Friday 8-5 o Monroe County Building Department Customer Service 305-453-8800 Open Monday-Friday 8:30 to 3:00 • Key Largo Wastewater Treatment District(KLWTD) 305-451-4019 Open Monday-Friday 8 to 5 ML4&K s • Department of Health(DOH) 305-676-3941 open Monday-Friday 8-5 • Monroe County Building Department Customer Service 305-289-2501 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority(FKAA) 305-745-3991 Open Monday-Friday 8 to 5 4owSr K_, S • Department of Health(DOH) 305-293-7500 Open Monday,Wednesday,and Friday 9:30 to 3:30 • Monroe County Building Department Customer Service 305.295-3990 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority(FKAA) 305-745-3991 Open Monday-Friday 8 to 5 NOTE:For parcels Ocean Side Stock Island • KW Resort Utilities Corporation `"w 305-295-3301 Open Monday-Friday 9:00 to 4:30 5228 MY County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 � ,_, .. . ........ ....................................._..,,_...A,...... mm _. _...... . __. ............. ,_ . NOTICE OF VIOLATION/NOTICE OF HEARING To: CARL BRADLEY MCCLARNEY Case Number: CE23020036 29676 ENTERPRISE AVE BIG PINE KEY,FL 33043 Location: 29676 ENTERPRISE AVE ,BIG PINE KEY,FL 33043 Re Number: 00247700000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/13/2023 and subsequently found the following violation(s) of the Monroe County Code: 20-5 L(a) -MANDATORY CONNECTION/SEWER FAILURE TO COMPLETE THE MANDATORY CONNECTION OF THE ABOVE STATED PROPERTY TO THE CENTRAL SEWER SYSTEM AND/OR DECOMMISSIONING ANY ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM WITHIN 30 DAYS OF NOTICE OF AVAILABILITY OF SERVICES. Corrective Action Required: LCONTACT THE FLORIDA DEPARTMENT OF HEALTH AND OBTAIN A SEPTIC ABANDONMENT PERMIT. 2. CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A MONROE COUNTY SEWER LATERAL CONNECTION PERMIT. ***CONTACT INFORMATION IS ATTACHED*** NOTE: ALL PERMITS AND CONNECTIONS WILL REQUIRE A PASSING FINAL INSPECTION FROM ALL APPROPRIATE AGENCIES. COMPLIANCE WILL BE ACHIEVED WHEN THE MONROE COUNTY PERMIT HAS BEEN CLOSED. 5229 (X ) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 04/27/2023 at 9AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. AEI, PROPERTY OWNERS WH0 WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM W.EZ3INAR.. INSTRUCTIONS ATTACHED HERETO. ( X ) You can avoid attending the hearing if all violation(s) noted above are corrected by 04/19/2023 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 Petrick-Nicole(e rz oiti°oecounl -fl ,ov, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: lattps://unonroecouunt fl.iiext'le uest.com. If you are requestigg.Lhe cause file in re aration fo�� hearing, your request should be submitted no less than ten 10 days prior to your scheduled hearin 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 colifirm that you do not need to attend the hearing(s). Please contact your inspector;a�tthe ar rate to : ROBINSON, CH RISTIAN "'ode 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 49823 on 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". 5231 Special Magistrate Hearing - April 27th, 2023 You are invited to a Zoom webinar. When: Apr 27, 2023 09:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing - April 27th, 2023 Please click the link below to join the webinar: https://mcbocc.zoom.usli/87486846111 Or iPhone one-tap : US: +16465189805„87486846111# or +16699006833„87486846111# 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 8684 6111 International numbers available: https://mcbocc.zoom.us/u/kbVZ4pl,vlP 5232 Connection to the Central Sewer System Contact Information Upper Keys • Department of Health(DOH) 305-676-3941 Open Monday-Friday 8-5 • Monroe County Building Department Customer Service 305-453-8800 Open Monday-Friday 8:30 to 3:00 « Key Largo Wastewater Treatment District(KLWTD) 305-451-4019 Open Monday-Friday 8 to 5 Middle Keys • Department of Health(DOH) 305-676-3941 Open Monday-Friday 8-5 • Monroe County Building Department Customer Service 305-289-2501 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority(FKAA) 305-745-3991 Open Monday-Friday 8 to 5 Lower Keys • Department of Health(DOH) 305-293-7500 Open Monday,Wednesday,and Friday 9:30 to 3:30 • Monroe County Building Department Customer Service 305-295-3990 Open Monday-Friday 8:30 to 3:00 • Florida Keys Aqueduct Authority(FKAA) 305-745-3991 Open Monday-Friday 8 to 5 NOTE: For parcels Ocean Side Stock Island • KW Resort Utilities Corporation 305-295-3301 %%ii% /%% �//;%% Open Monday-Friday 8:00 to 4:30 5233 MONROE COUNTY FLORIDA CODE ENFORCEMENT DEPARTMENT REGISTERE D MAIL RECEIPTS CASE NO: ,0, o CERT NO: 1 r: looga�,op �i: m C 3o 0 d" ru 43 ------- Er _r rxRC9TFv7c9,"-X'Feei5(OmO box,add tooy,,,; r W M 011100M Rc"Arg�Ohmdmpy) $ .. ...... C3 0 Holigilin Rwolipt(dacbm1c) S-- .-, rk C3 [ $ Hate C3 D ikhk SlginMum 113oquknd C3 A1,44 Vgna Wife Refffttod DoWM m .........f—po—R-, C3 TOW Carl Bradley McCl arne co 29676 Enterprise Ave rq 5'ornro C-3 Big Pine Key FL 33043 D- CE23020036/NOV/CR/SM4/27 6mmmm mimmmmmommmmili -------------------------- ............. 5234 / I MONROE COUNTY CODE COMPLIANCt AFFIDAVIT OF POSTING CASE: CE23020036 INSP: ROBINSON, CHRISTIAN I, ®` Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: MCCLARNEY CARL BRADLEY , described as 29676 ENTERPRISE AVE , BIG PINE KEY, FL 33043 , having the property RE#: 00247700000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 04/27/2023 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: '�� � Time: �' ��• ,,�„� Monroe County Courthouse—500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse—88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn to and subscribed before me this L4 day of BRENEQY RRIGBY Notary Public, St at YOOMMIBSIONOMMVIS" v F.XPIREB:September 5,200 CE FICATION F 'IA�'ING Itl �� Monroe County Code Compa.,ce, d.bclare under penalty of perjury, that I mail d a du ate copy of the above-mentioned Notice ra y�First lass Mail to: MCCLARNEY CARL BRADLEY , 29676 ENTERPRISE AVE , BIG PINE KEY, FL 33043 ' S'g tur Sworn to and subscribed before me this) ay o 3. CFIRISTIAN P.ROBINSON " ` EXPIRES:i1nuq 18,202y Notary Public, State of F //% 5235 r. Cudx rt p V 4'Mr4 i � i r �%�'i � A'.'kPr.,..VlinraWie.l'f n.M4P':o_mAa'u A'.N: K n.wnMao.Ntl�1M'4WeIW .. ,'. r u''tl'p MVtl^, a� 9 NBk1'm nva..n¢u.w n�mvm.ow'a,i en X „�.,aw 0 6.NdmYNd�R f y � FNY:^fl f a d� f dorTeaora�r�YY at Axxo aXra �n-�,atoYrm ��.vo. Cfi dA aae. n in w u.e x...",wrn xN,Mw*r).!ww xn.✓+6r^:'MreYr ... , '.twi 0 � nwvw Wwaou', lnlndY a u na n ru. I tl r.n n".lsY 4..1 ,u.v! II W, 1U4Mneve .. wbW+°+'w.t�rq'ri«D« In V MONROE COUNTYIII I. V ' - COVE CoM'Rdirtl,AeANCICy i .'pwwy ,6tEm—twAMn TMI , Nd M ` �^w a., / J f j uy i r f r r i W,„/� ' ,Y,'" ', � �' 'rrr fiviP"- �t2 i ( r rfi�r f,ye„ r / r r ✓/�1��(� � ,J � r)/(� 1� .,�'G r,�i lllMf�?l�j� r R 7 � ;• r-. � � of�a° ��r � r�� "�� ��/ r r w �� �r� ,, t,��''�'..�"� '. ,7, a rb i��n� �` r, `� r � r �r✓"'�ddr r�lvrM CE23020036- Carl Bradley McClarney 29678 Enterprise Ave— Big Pine Key RE# 00247700000000 Inspector C. Robinson 4-11-23 5236 d MONROE COUNTY CODE COMPLIANCE' AFFIDAVIT OF POSTING CASE: CE23020036 INSP: ROBINSON, CHRISTIAN 'I " I and� �` � °� r""�"^�-AZ I � I, ,, Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: MCCLARNEY CARL BRADLEY , described as 29676 ENTERPRISE AVE , BIG PINE KEY, FL 33043 , having the property RE#: 00247700000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 04/27/2023 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: Monroe Couin y Cou house— 500 Whitehead Street, Key West, Florida Date: ��, .�-w� Time Monroe County Courthouse— 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse—88820 Overseas Highway, Tavernier, Florida Date: Time: Sigi ature. 5 � Sworn to and subscribed before me this day of 2023. E.2 LISAS.MARSHALLMY COMMISSION#HH 070328EXPIRES:December8,202ANotary Public, State of Florida =" Bonded Thru N'o Public Underwriters CERTIFICATION OF MAILING: I, , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Class Mail to: MCCLARNEY CARL BRADLEY , 29676 ENTERPRISE AVE , BIG PINE KEY, FL 33043 . Signature: Sworn to and subscribed before me this day of , 2023. Notary Public, State of Florida 5237 J f /!r ! it y y�iii 1i\\\111 I" PIJI 1 CE23020036 RE:00247700000000 1 29676 ENTERPRISE AVE BIG PINE KEY Inspector: GRANT APRIL 111 2023 COURTHOUSE POSTING 5238 //rrrrr;��1 ti t ry i / r / / /r / / r u r i M1 �9 I r� k r /ffw/11u�ifY� / � �roINJn d � n r / ��" ' � ��n�� '�✓ ,,�k�4 Y� TN��"i" a N"�'�"9`�i'',�J���;NY!.'���ar� m"�i �w N ;lk� �m+N, w���"� i ."'� , „� r�mf�,v, a:�r n,�_r� ^^: u'Y,�~en"mrn' � a�. a�..,a,, �.,., •�r� ,� ., �«az.. Big- Nne LA U a r , cc c ////// � �-°-"� � Florida Keys Monroe County Aqueduct Authority The Florida Keys 1100 Kennedy Drive 1100 Simonton St Key West,Florida 33040 Key West,FL 33050 , i Telephone 305 289-2500Telephone(305)296-2454. t wt WPwwwhg a .,icnn 5 July 28,2020 RE: Reminder Notice to Connect to Available Central Wastewater System Real Estate Number: Physical Address: Dear Property Owner: All properties in the Cudjoe Regional Wastewater System were previously notified of the requirement to connect to the central wastewater system. Pursuant to Monroe County Ordinance No. 017-2002,connection to the system is required. Our records indicate that you have not completed the process for your wastewater connection. The steps required to complete the process include: 1. Obtain aseptic tank abandonment permit and wastewater connection permit 2. Receive required Inspections and connect to the system 3. Abandon septic tank through the Department of Health; and 4. Close wastewater connection permit though the Monroe County Building Department Detailed information regarding the connection process may be found at www-C; d_Lc)Levvggp t c n w Otherwise,you may contact these specific agencies for any assistance: a Florida De artment of Health: (305)676-3908-Septic tank/cesspit abandonment or cistern conversions Monroe Count Bulldin 0e artment,: (305) 289-2501-Monroe County permitting information Florida Ke s A ueduct Autllorit : (305)295-2175-Connection &general project information Monroe Court Social Service:(305) 292-4408-Connection funding assistance If you have completed these steps and believe that you received this notification in error, please contact the Monroe County Building Department at(305)295-2501 to ensure the permit is closed. The Monroe County Code Compliance Department will begin enforcement proceedings against any property that has not connected within 30 days from the date of this letter. Should you need additional assistance please contact the FKAA at i[.r!f ..(.( „d iiii.;;,�pg� ,or call (305) 296-2454. 921489013247340012141 MCCLARNEY�ARI"Wl EY29,d7SErwpnseAw&gfteP,eyFL 33043-3232'1117VI,STAMS 46987 014800 W, 03MO411,40M sw4ard Primed WOO 17.16 EDT 921480013a4734001214,140907 Smndard SNprr V%urft Sea to OMOM 1a,27 EDT 48.6,02 s 22WOOM4734001121414M7 Swdand RcMded tog 1 MIX=W4-.�34 EDT 4MO2 3=04 pwess�N acy 92148001.V473400,1214'144W SwAard Shpment A4*apmrg* 030120*26 EDT 48602 9214M 1 24734O012!14 14dW sLvward Enr Rooessed O&M20 1428 EDIT 33152 2214SM13247340011214146M sw4alrd EnwoRcoess" CaM20 IaAa EDT 33152 92114M1M47340012141460117` lr4xd OdIvem D3,W20 07,,47 SOT 33043 92148�901 32473400121414OW Star4aid ed WWIM 1+50 EDT S3043 6/18/25, 10:25 AM gPublic.net-Monroe County,FL-Report:00247700-000000 **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 %pprovided regarding one tax year ma not be applicable in prior or subsequent years.By requesting such data, ou reby understand and agree that t ae data is intended'for ad valorem tax purposes only and should not be retied on for any otEaer purpose„ Skip toBVico rtMu ing into this site you assert that you have read and agree to the above statement. Summary M P0170 C �7394r00�L Para Millage Group 100H Location 29678 ENTERPRISE Ave,BIG PINE KEY Address 7 Legal BK2LT2 PINE CHANNEL ESTSEC ONE BIG PINE KEY PB5-99 i iJy yq t i Description OR515-836OR777-1447OR948-513OR976-260/268TR/AG OR1172-1158/59ASSIGNMTOR2487-17/18T/COR2814- j a 2151/53 (No teh Not to be use on Oegall ct¢KmirrmirutxsJ Neighborhood 623 Property Class MULTI-FAMILY DUPLEX(0802) Subdivision PINE CHANNEL ESTATE SEC 1 Sec/Twp/Rng 27/66/29 Affordable No a Housing Owner MCCLARNEY CARL BRADLEY 29678 Enterprise Ave Big Pine Key FL 33043 Valuation 2024 Certified Values 2023 Certified Values 2022 Certified Values 2021 Certified Values �$ 1,961 $249 332_ _ $250 540 $216 603 + Market Mis• Market Improvement Value c Value - ... _. $18,97 $$18 945 mm m m$$18,000 µ�m mmmm $$18,166 mm A + Market Land Value $ 2 Just Market Value $621,513 $703,277 $703,976 $482,269 tal ,176 Soo o Assessed ,890 hI Exempt Value --- $25,0 0) .--_.. $25 0 0 ($) 25 000) $$2510 0) School Taxable Value $526,201 $560,080 $553,631 $436,176 Historical Assessments Year Land Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Value Taxable Value Maximum Portability 2024 $3 96150,625 $251. $18,927 $621.513 $551,201 $25.000 $526 201 $70 312 2023 $435,000 $249,332 $18,945 $703,277 $525,21 4 $25000 $560080 $118197 2022 $435,000 $250 540 $18,436 $703 976 $491890 $25 000 $553 631 $125 345 2021 $247,500 $2 66,603 $18,166 $ 882269' $461176 $25000 $436176 $21,093 2020 $211,875 $222,457 $18166 $452498 $443,253 $25,000 $418253 $9.245 ..�._. . . -. ..... ----- .....W _ _.._ ..._...._ ........................... 2019 $215,625 $228,311 $18,166 $462,102 $402551 $25,000 $392,1 - ��...._ _. 2018 $210,000 $180,015 $13,246 $403,261 $379,404 $25,000 $359,266 $18,995 t"I e Muaxiiinniuim IPoid.a l nillity N an a sdi analte on Ily and should not Ih e a ellPied upon as,the actuuuall poirtaNt ity aun m¢iirnt.Contact our office to veil sty the actual pport.alla ky airnaiauunt„ Land Land Use Number of Units Unit Type Frontage Depth �-_- _....... 7,500.00 .._....... .._................_...... .._._..-_... -- MULTI RES CANAL(080C) Square Foot 75 100 https*.//qpubli,c,schneidercorp.com/Application aspx?ApplD=605&LayerlD=9946&PageTypelD=4&Pag,el =7685 Q=97286907 &Key clue=00247700-.5242 6/18/25, 10:25 AM gPublic.net-Monroe County,FL-Report:00247700-000000 Buildings BuildinglD 14313 Exterior Walls VINYLSIDING with 3%WD FRAME Style STILT 1 STORY Year Built 1987 Building Type M.F.-R2/R2 EffectiveYearBuilt 2002 Building Name Foundation CONCPILINGS Gross SgFt 4535 Roof Type GABLE/HIP Finished SgFt 1820 Roof Coverage METAL Stories 2 Floor Flooring Type PLYWD/PR BD Condition AVERAGE Heating Type FCD/AIR DUCTED with 0%NONE Perimeter 174 Bedrooms 4 Functional Obs 0 Full Bathrooms 2 EconomicObs 0 Half Bathrooms 0 Depreciation% 30 Grade 450 Interior Walls WALL BD/WD WAL Number of Fire PI 0 Code Description Sketch Area Finished Area Perimeter �..... ._..v_..�...... __.......... ..__.... CPF COVERED PARKING FIN 1,144 0 148 ELF ELV FIN FD 754 0 -..� 146 ' ..._.... m w_._ ........... _ _-. ..w FLA �.FLL OOR COR _.LIV AREA 1,820 1820 174 ODU OP PR UNFIN UL ... -�.�_..64 _0--....�........-48�w. PUF SC PRCH FIN UL 362 0 123 SBF UTIL FIN BLK 338 0 78 S��ww . TILUNFINBLK 53� 0 29 BU U TOTAL 5 4 53 - �.,.�,� �....... .._. 1,820 746 � Yard Items Description Year Built Roll Year Size Quantity Units Grade �........_--_ . ...... _ _._......-..... , „ SEAWALL 1979 1980 2 x 75 1 .. mm 150 SF w CONCRETE DOCK 1979 1980 6 x 75 1 45 3 RW2 1979 1980 3x80 1 240SF _..__.. 4 FENCES .. .._ -...�.. 2020.....�__.-..�..� .._-._.... ....._..�w..._..-__..--.._.__. „w„„� .m.....m�.._._..-.-, 2023 4 x 32 1 128 SF 2 Sales n Sale Date Sale Price Instrument Instrument Number Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee� _..... 8/19/2016 $4S,0tb0 Warranty Deed 2814 2151 01 Qualfied Improved 8/12/2010 $0 Warranty Deed 2487 17 11-Unqualified Improved �... 7/1/.1985 $33,500 Warranty Deed 948 513 Q Qualified Improved 12/1/1978 $14,000 Conversion Code 777 1447 Q-Qualified Improved Permits Number Date Issued Status Amount Permit Type Notes R-SEWTIN-2024-0017 03/25/2024 Active $1,500 Residential Sewer tie in _ 16101059 03/01/2016 Completed $9000) Residential RE ROOF RE A/C wwwA AND mmmITITITIT� FIND 18100960 02/13/2018 Completed $6 745 Residential REPLACE 2 5 TON A/C PKG MOVE SHINGLES AND REPLACE WITH METAL ROOFING . .. ...n 15102266 05/05/2015 Completed $4,000 Residential REPLACE 2 TON CONDENSER ADN AIR HANDLER 87107803 07/01/1987 Completed $4,300 Residential A/C 2-2TON 10 DROPS � ,. ...�, 87107687 05/01/1986 Completed $1500 _ Residential SLAB UNDER HOUSE ......... mm IT _mr 85103748 07/01/1985 Completed $102,960 Residential DUPLEX-SCREENED PORCH View Tax Info M111-' w tw thk Parcel Sketches(click to enlarge) https://qpublic.schneidercorp.com/Application.aspx?ApplD=605&LayeriD=9946&PageTypelD=4&PagelD=7635&Q=972869072&KeyValue=00247700- 5243 6/18/25, 10:25 AM qPublic.net-Monroe County,FL-Report:00247700-000000 4 52 "U �80, )U Ol U PLIF 21 211 ELF 26 i�40 , (7-54) 13 SBFYr--201E (3AB) ........... 35 FLA (1820) CPF 2 (1144) Photos ... ............ https://qpublic.schneidercorp.com/Application.aspx?App[D=605&LayeriD=9946&PageTypelD=4&PagelD=7635&Q=972869072&KeyValue=00247700-. 5244 6/18125, 10:25 AM gPublic.net-Monroe County,FL-Report:00247700-000000 Map r" o �i a a� it TRIM Notice 2024 TRIM Notice(PDF) I-,.,i /lc IIIor. , I17;"'l r,) 11.°„"t}:;NL, I el,'f l all r.f ..(1 n A0) 'I /I 171 ',p..l fl)"/ ', 1,r'L f..,5. _ "v I' I Iol.I hi J)i l r:r,I1, 1l l Ii, I' m II II :7',r v ,tj,r' ,flj.,mIxk) �,., irr n SCHNEIDER ,rI I,;^;J' i,'ldI IrI , -`T,'.]I I„I fly, n [f1 Y" l '"mW , ,,lhC I'I j r It Ap r ,r,,,,:i +.. me nt rx ,w.m.a^u ma. Earlilr,1'.�IWdI" I f,>I i , r,^lV, ., ; Iit ., ',rI rd I , ,I , / I I Ily ,1i ; jpli:.',, 'I Ir r ,,,a.';,'. )I I�l, .F�. =� %-) ,I II I "(W rIri , Uw-,rr Pll,jvj Przlic:y I QPR,f IjvacY Not' w pstChat'„ Plcgo,A/1 / Pia_1;; rJ.2 AM https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&Layeri D=9946&PageTypelD=4&Pagel D=7635&Q=972869072&KeyValue=00247700-. 5245 Ual Sam C. Steele C.F.C. NOTICE OE AD VALOREM 024, aid Real ��� rateMonroe County Tax Collector AND NON-AD VALOREM ASSESSMENTS "" �� 7CL-070101 '���6 ` 1317314 85 100H 1317314 I MCCLARNEY CARL BRADLEY 00247700000000276629 N N 0 29678 Enterprise Ave 29678 ENTERPRISE Ave n o Big Pine Key, FL 33043-3232 O N W BK 2 LT 2 PINE CHANNEL EST SEC ONE BIG PINE v N KEY PB5-99 OR515-836 OR777-1447 OR948-513 N w OR976-260 N w u ao(. d �& TAXING AUTHORITY TELEPHONE ASSESSEDVALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 551,201 25,000 526,201 1.0660 560.93 SCHOOL LOCAL BOARD 305-293-1400 551,201 25,000 526,201 1.7980 946.11 GENERAL FUND 305-292-4473 551,201 50,000 501,201 0.9315 466.87 F&F LAW ENFORCE JAIL 305-292-7017 551,201 50,000 501,201 1.7232 863.67 HEALTH CLINIC 305-293-7500 551,201 50,000 501,201 0.0382 19.15 GENERAL PURPOSE 305-292-4473 551,201 50,000 501,201 0.1756 88.01 MOSQUITO CONTROL 305-292-7190 551,201 50,000 501,201 0.4344 217.72 M C LOCAL ROAD PATROI 305-292-7017 551,201 50,000 501,201 0.2889 144.80 SFWM DIST 800-432-2045 551,201 50,000 501,201 0.0948 47.51 OKEECHOBEE BASIN 800-432-2045 551,201 50,000 501,201 0.1026 51.42 LOWER&MIDDLE KEYS F 305-292-4473 551,201 50,000 501,201 1.7414 872.79 EVERGLADES CONST PR, 800-432-2045 551,201 50,000 501,201 0.0327 16.39 AD VALOREM TAXES: 8.4273 $4,295.37 10 M ONI"'"I V LEVYING AUTHORITY TELEPHONE UNITS AMOUNT n �■ MO CO SOLID WASTE 305-295-4323 2.000 1,697.16 " MO CO WW:CUDJOE OUTER ISLAND 305-289-6051 2.000 620.58 16 NON-AD VALOREM ASSESSMENTS: $1,717.74 ■ WMIW,IIIMI 1111.OIIWIH I.A)(C0 III"pC E 1 OIIk,1"::OII G1l,11T III: il11..1".5 I IEil'MAII111" $6,013.11 iwImv o Steele e II �" ., .u,w. .�. 1317314 + , Moinir e�.. :� int .ax("'o1le1..tor° O 130X 13,29, KEY Es""r, III IIII 330 m1""mml 3" , 305­2%5�­5000 III "0 III IIII"Y ONE ,IIM lug IIIIr I� IIII � MI '�IIIII E�i� ':�,V��� �i ��V��I WdW�.....��'�,M I� �' WI°41 Y AYI ❑ Nov 30,2024 $0.00 MCCLARNEY CARL BRADLEY ❑ 29678 Enterprise Ave Big Pine Key,FL 33043-3232 ❑ I I..I:AIIII MAIII t::ll°dll°::CI1 I Ii:' YAIBII..V:::..I..C:, IP LEASIE?IILIII NCI"'IIF WI113111111FIIE BIIE:IIL.OW"T111h111115 I.IIINIIE: SAM S'7I°I II°::II IE,"T'AX COII..@...IF..C.I 01FI U. Sa .1 Y".D11II1 Paid 11/26/2024 Receipt# EEX-24-00020184 $5,772.59 5246 Paid By FREEDOM MORTGAGE i i l j i fi I 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 1 5247 J 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 5248 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 5249 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 5250