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HomeMy WebLinkAboutItem T02 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: T2 26-321 14 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: N/A STAFF CONTACT: Kelly Dugan AGENDA ITEM WORDING: Authorization to initiate litigation against ENCHANTED ISLAND INC and their property, Boat Basin Birchwood Dr., Key Haven, Florida, to seek compliance with the County Code and enforce the lien(s) arising from code compliance case number CE23020003. ITEM BACKGROUND: This property has been the subject of a code compliance case for permits required —approval(s),permit(s)and all inspections are required for the floating dock(not compliant)and fees/permitting ATF required (not compliant). The fines total $43,000.00 as of May 8, 2026, and will continue to accrue at $100.00 per day, until compliance is achieved. A hearing was scheduled for October 24,2024,and the property owners were not present.The Special Magistrate found the property in violation and ordered a compliance date of March 3,2025. The County's lien was recorded on March 13, 2025. A subsequent hearing was held on January 22, 2026, and the property owners were not present. The Special Magistrate found the property remained in violation and granted the County's motion to proceed with collections. The code case remains open for non-compliance and failure to pay outstanding fines and costs. The property is not homesteaded and there are no pending foreclosure actions at this time. Under the policy adopted in Resolution 057-2014 the available legal options in regard to the County's lien on this property are: 1. initiate litigation against the property owner for injunction, foreclosure, money judgment and/or writ of execution; 2.Allow the lien 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, foreclosure, money judgment and/or writ of execution. PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution No. 057-2014 on March 19, 2014 adopting "ATTACHMENT A" as Procedure to be used after a Final Order has been rendered by the Code Compliance Special Magistrate to initiate injunctive relief for non-compliant properties, foreclosure and/or money judgment actions for collection of unpaid fines and/or costs from a property owner. INSURANCE REQUIRED: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval DOCUMENTATION: FINANCIAL IMPACT: 148-50001 Growth Management Admin - $2,500.00 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Sao -nrw0M � v?i p � m m > � ... a, G) z —t rnNmo M Zq ;u A': 0 > r- ZZ 0 cwj ..,, y m a CA j n TV toil "roV ) p ry A �o R�.,iN '� J� a�a �u� b� �"C�d�R ��✓ �i���w�awlld��r�U �, I s�� ri r Ifi i.'r f ff k'' hiau hem ,l F I„)1 4%u�✓ ��fA r D ^' 0z op r- ? ic _ Dn n xz � � v "0 � .-�� n � o_ n cra w Xzv CA Xn C FBI � m m �4 al Clwla Cut ,� r tl6 UUA d�4 C)V"n¢ pal r j� xa at r4d1r 6i� �Ip � '�w � h e"p r� kY M, JjM lo d 9ao �d(r� YftrPo i r w �"Y 'Mfi rh i r N « it IY a BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE JOHN G. VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, ) Petitioner, ) VS. ) Case No.: CE23020003 ENCHANTED ISLAND INC, ) Respondent(s). ) ..._.............._................ ...... .) ORDER AUTHORIZING FORECLOSURE AND/OR MONEY.JUDGMENT A Final Order was entered in this matter and was thereafter recorded as a lien. The lien has remained unpaid for at least 3 months from the date of the Order. Therefore,it is hereby ORDERED that the office of the Monroe County Attorney may institute foreclosure and/or money judgment proceedings to recover the amount of the lien plus accrued interest. DONE AND ORDERED this 23rd ]AJa't a�� 2026, at the Marathon Government Center, Marathon, Florida. __ inghatn ......__. ..ww..._._.�.......... ..... J Special Magistrate CERTIFICATE OF ORDER I he-by certif*Jaison his is a true and correct copy of the above Order. of 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 Ii.S. mail to Respondent(s)address of record w/the Monroe County Property Appraiser's Office and copies to ENCHANTED INC. C/O REGISTERED AGENT CHARLES J.RICH 325 S E 6TH ST.,FORT LAUDERDALE,FL 33301, ENCHANTED ISLAND INC. C/O ELWOOD R. DISII.AROON TRUSTEE,46 CHANDLER ST., ARLINGTON,MA 02474 and ENCHANTED ISLAND INC.C/O MAXW.WALTERS TRUSTEE,720 N. WEST ST.,CARLISLE,PA 17013 and/or Authorized I epq i ative, ....__ N/A on this 23" day of Januar y 2026, .„° Pa _........._............ ................ N. e �tric .... co l:, a�so� MONROE COUNTY CODE COMPLI,..,)CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750-000000 ENCHANTED ISLAND INC 3 AZALEA DR. KEY WEST, FL 33040 MONROE COUNTY CODE COMPLI...:CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750-000000 ENCHANTED ISLAND INC. C/O REGISTERED AGENT CHARLES J. RICH 325 S E 6TH ST., FORT LAUDERDALE, FL 33301 MONROE COUNTY CODE COMPLI....CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750000000 ENCHANTED ISLAND INC. C/O ELWOOD R. DISHAROON, TRUSTEE 46 CHANDLER ST., ARLINGTON, MA 02474 MONROE COUNTY CODE COMPLnCE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750000000 ENCHANTED ISLAND INC. C/O MAX W. WALTERS TRUSTEE 720 N. WEST ST., CARLISLE, PA 17013 BRIEF FOR ENCHANTED ISLAND INC CE23020003 MOTION FOR COLLECTIONS 1/22/2026 https:llmcesearch.monroecounty-fl.gov/code/CE23020003 q� �A�31� Monica Rodriguez Research Analyst- Monroe County Subject Property—BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL Violation(s): • 6-100.(a)—permits required—approval(s), permit(s) and all inspections are required for floating dock (no permit applied for; not compliant) 0 6-110.(a)(1)—Fees/permitting ATF required (not compliant) + Property is not in compliance Lien was recorded in the Official Records of Monroe County on 3/13/2025, Book 3315, Page 1858 and remains unpaid. • Lien $31,904.50 as of January 6, 2026 NOTES: NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 12/12/2025 to address on PRC. Return receipt was not received signed, therefore, both the courthouse and property were posted on 1/6/2026, as well as, mailed via first class mail. NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 12/12/2025 to registered agent for property owner. Return receipt was not received signed, therefore, both the courthouse and property were posted on 1/6/2026, as well as, mailed via first class mail. NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND/OR MONEY JUDGMENT PROCEEDINGS & NOTICE OF HEARING was mailed via certified mail on 12/12/2025 to trustee E.R. Disharoon for property owner. 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 12/12/2025 to trustee M.W. Walters for property owner. Return receipt was not received signed, therefore, both the courthouse and property were posted on 1/6/2026, 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. ............. . .................... .......... ...... -- z 0 o z ic x P . > > * xz m > r > m Z LU w L4 1"5 01 FA tit "n UJ 0 0 W 0 lf's I.......all, C)C�,Nj N "ij C'o tv 0 (,� C s : " " 41 0C, ......... o rn 0 *4 -- Z M 0 0 3: m m;U > (1) G) z c --I --I 0 3: M m m Zq m > z G) M z --40 0 W X > ;ta M rj r- QLu m ly Y r"T "'p In PH S , 1 V;m C"',",C n," , 1"'7 V,: ...........J, BEFORE "- _E CODE COMPLIANCE SPECIAL _AGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23020003 ENCHANTED ISLAND INC, ) Respondent(s). ) NOTICE OF MOTION TO AIJTHORIZE 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 March 13,2025,Book 3315,Page 1858 on the property that was the subject of the code compliance action described as: BOAT BASIN BIRCHWOOD DR. KEY HAVEN,FLORIDA 33040,MONROE COUNTY,RE#00136750000000,and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of December 3,2025 is$28,504.50 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 22,2026 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,,SHOI:ILD ATTEND' 'IA ZOOM WEBIN'AR,. INSTRUCTION.' ""T'ACHEII IIERETO. Kelly M. Dug Ass is fivy-Aitomey Fla. Bar No. 105870 1111 12'h Street, Suite 408 Key West,Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2025 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 9589 07.1_ .: 70 21113040 74 to 3 AZALEA DR. KEY WEST,FL 33040. 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"7111f. County of Monroe The Florida Keys Code Compliance Department � �)� a and Comityof Commissioners 2798 Overseas Highway s t , Mayor Michelle Lincoln,District 2 Marathon,Florida 33050 Mayor Pro TernDavid Rice,District 4 Voice:(305)289-2810 �� Craig Cates,District 1 FAX: (305)289-2858 James K. Scholl,District 3 � • � Holly Merrill Raschein,District 5 ENCHANTED ISLAND INC 3 AZALEA DR. KEY WEST,FL 33040 December 3, 2025 Subject: Code Case: CE23020003 Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on January 22,2026 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALI, PROPERTY OWNERS WHO WISII TO PARTICIPATE IN THE 11EARIN+C; SHOULD ATTEND""CIA ZOOM WERINAR, 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, �1ovc�cw/2o�L�u�uQ� Monica Rodriguez Code Compliance Research Analyst 305-289-2586 «�,al�•g�� 113ca►����.1 e��a�c�b"1rmec���,r1ty it .c�►r� You are invited to a Zoom webinar. When: JAN 22 2026 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Tearing — JANUAIY 22, 2026 Please click the link below to join the webinar: htt s: cbocc.zoom.us ' 89817567983 Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar IC : 898 1756 7983 International numbers available: htt s: cbocc.zoo .us u k6 c xBou 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. MONROE COUNTY CODE COMPLi, CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750000000 ENCHANTED ISLAND INC 3 AZALEA DR. KEY WEST, FL 33040 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL ...w__wwwww__wwwwwww RECEIPTS CASE NUMBER: CE23020003 X w m H , � � 0 � d CERT #: m m z 9589 0710 5270 2111 3040 74 p o m n ;aoLZ GOOD SERVICE: W N NO SERVICE: o o z w 0 o -�—_-�—..�---�— C3 r. wk .moo m -...._.---. . Ln �, ewww� rrrNw� � iwrt�rt4M6fi�lR'1�IR&tW)��� � y o wrww�rriwr.w..rwlrAr. ri uzrn�fia t�B S"C ara�Yla r aal ., � N y, fU [�Ra#um 6�c kit(hsd crpy) _,. _ ol cl V ![ flJ V zl( Fletur�ORaceVpt(elactronlc) ..,.� ,,,, �w ^.•Postmark 0 crm«�a pats r?aryt�ictad c�akkua�y � ..... � �. Ae9ul4:;l{va��6uaa ff<�qulrwcl n,; ,�, .„.,, ,, ni ru La�ul a� Raaldoted[7ouvery L� w p Ire Q '� „8 iGiVl O �W � .CfC �� �o (� a140 Apt o as ,»aaa �a , I t e e a ®u e n c u < Z 60 a "' im . ..IVfi�"YiYIP II,Y01 �D el ACE PO ., k J III l.fJ MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: JANICE HALL ffiGA!LS Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC, described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750-000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/22/2026 THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date'. o//oc/2!v Time: ✓• � Pr�'1 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 4P day of 22), K . « NICOLE M.PETRICK MY COMMISSION#HH 73MI Notary Public, State of Florida EXPIRES:January 3,2030 CERTIFICATION OF ILING: 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: ENCHANTED ISLAND INC, 3 AZALEA DR, KEY WEST, FL 33040. A6ne� Signature: Sworn to and subscribed before me this day ot= _„ 2026. Notary Public, State of Florida LISA S.MARSHALL MY COMMISSION#HH 605320 a u EXPIRES:December 8,2028 ��/i✓��rri/r^lr 1 I � „ y , it CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS q � V ii �ii d 1a1��l r �'�''W�l✓�i�i//�✓loaDi Yn� � i v " s y r✓ � �q 1 V MVI I17V � r 1 ��.. ,.. ,� rg ;•K. O✓ Y ✓ ��rf� �� z„ r� 4!ldFra /� ✓ u � ,�;" ✓„ i tve, a M/ Tw �;,- ��< �✓ low, Iw�l i i xf o��Y 9/J)✓���' � v v� r „ nm CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: JANICE HALL 1, Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC, described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750-000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/22/2026 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date, Time: Monroe County Courthouse— 500 Whitehead Street, Key West, Florida Date: 11 417%, Time: c,7: q1A?'" 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 2026 NICOLE M.PETRICK :* MY COMMISSION#HH733861 Notary Public, State of Florida EXPIRES:January 3,2030 CERTIFICATION OF MAILING: I^ 2&ol G, Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate copy of the above-mentioned Notice via First Clas Mail to: ENCHANTED ISLAND INC, 3 AZALEA DR, KEY WEST, FL 33040, Signat Sworn to and subscribed before me this I day of ry 2026. uses.MnRSHnLL Notary Public, State of Florida MY COMMISSION#HH 605320 EXPIRES:December8,2028 /, G. N' Publi Notl'c" Itl.l'1)Itl„ r,`,C',OIll f:O�II'I,I VVC'V f GIA1, at EST]?kfk; NIONIME COUNTY',kLOlill)A i/r MONROG COONTY,11 OItf Un f.\f H 1:yTk,D IShANR INf ftespuntlent s �� � i O i ooi ' h I nrx f xmq}�a��(€riprlt umz r W�:c�rP srwfe 4f te�saG�%/��% ';% , i!", P'wyq rr�,C ��raew�i�,Yrrc�y 13 UI7 E3rm7k � n r rtl pra)x rvCf xr wtk�d� pUj i�!ilry es7z uw 7 Lpo c a�i4�)uturibfirJas�[f4��T �%%/�����/ / it o p i/��/%///%/ snk�reUwotMi Var�,rocx iri�aG�I1M✓xis,�ru�� ��//�/%//%�/�/////������i/� / /o i i � l r�i�/p'iiairriairrii rani trio r�r eeo;,r�i��i�ir�iu i„r � ........... �Ili M� l CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS KEY WEST COURTHOUSE PO i/ r I i nr r %/ii�r r / f CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS KEY WEST COURTHOUSE PO BEFORE _ _E CODE COMPLIANCE SPECIAL AGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) ) VS. ) CASE NO.: CE23020003 ENCHANTED ISLAND INC, ) 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 March 13,2025,Book 3315,Page 1858 on the property that was the subject of the code compliance action described as: BOAT BASIN BIRCHWOOD DR. KEY HAVEN,FLORIDA 33040,MONROE COUNTY,RE#00136750000000,and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of December 3,2025 is$28,504.50 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 22,2026 at the Marathon Government Center, 2798 Overseas Highway,EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. Alit, PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM:."' EBMA:R. INSTRUCTIONS ATTACHED II;I+ARE"ISO. _.w_.._........._..... Kel ,M. Dugan �, . Assistant County A arn Fla. Bar No. 1058 1111 121h Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2025 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 9589 0 0 5270 21'11 2 S ,m,7 to C/O REGISTERED AGENT CHARLES J.RICH 325 S E 6T"ST.,FORT LAUDERDALE,FL 33301. Alon,CGS 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. County of Monroe roe The Florida Keys Code Compliance Department �" �'�.°-� g"^�,��"�,, ard o(County Conainsirtner , 2798 Overseas Highway t a q. , Mayor Michelle Lincoln,District 2 Marathon,Florida 33050 ` Mayor Pro Tern David Rice,District 4 Voice:(305)289-2810 Craig Cates,District 1 FAX: (305)289-2858 James K. Scholl,District 3 Holly Merrill Raschein,District 5 ENCHANTED ISLAND INC C/O REGISTERED AGENT CHARLES J.RICH 325 S E 6TH ST., FORT LAUDERDALE,FL 33301 December 3, 2025 Subject: Code Case: CE23020003 Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please tape notice that a Public Hearing will he conducted by the Code Compliance Special Magistrate oil, January 22,2026 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 WEB NAR. INSTRUCTIONS A"`TACIIIED 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, �1o�cicw/2dcl�'U�'zcP� Monica Rodriguez Code Compliance Research Analyst 305-289-2586 Ioc11W�g1�e.��Ntaazaia6�"c�.��r1r��tl,���ae�olLt�u,ty t"l,.�c�v You are invited to a Zoom webinar. When: JAIL 22 2026 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate hearing — JAI UARY 22, 2026 Please click the link below to join the webinar: https://mcbocc.zoom.us/i/""""" 89817567983 Or ilhone one-tap : US: +16465189805„89817567983# or +166990068331..89817567983# Or Telephone: Uial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ICE: 898 1756 7983 International numbers available: htt s: me occ.zoo .us u k6hc xBou 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. )MONROE COUNTY CODE COMPLi. CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750000000 ENCHANTED ISLAND INC. C/O REGISTERED AGENT CHARLES J. RICH 325 S E 6TH ST., FORT LAUDERDALE, FL 33301 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTE ,ED MAIL RECEIPTS CASE NUMBER: O k, �O r4 -- z � CE23020003 X ul 0 _ ' N ('� rmm > o d W CERT #: = o0 9589 0710 5270 2111 2956 17 v � D � w � tf D r n GOOD SERVICE: > o N NO SERVICE: "r z z ca --1 n E w 0 w o D tl X m Ln Ln a ��� X o Ln ° ° '° ° Wt n f1J trr g9Sh �VsWdp E 9 w k" ru rq aasviarurw 1ru aa�emw �a p Return Rece6pt(herdcapy) $ D Retum Recelpt(clectrvnlc) $ Pry ru t%aartlHad PAttYI Rrostrlcked Ucltvbrp $ r%- E1 dukSlgnetaureA9qulred $ f1J mu�Rt tF mom B sr d9ant Ln ill .0 gh Ir �' .» .... .."Yr w.,+7kA 1@ PA�d d7Al ., .. TCb 14 "' ,� �. t 3.3....._... °r ! L� = '.nm„Q fir J N ft flt°jl j'. u k iur �j� ..... fit"it's& q I-,i u d n � ti�d xt a n ills z ..� It '° rs ttl �0 h � �J 1 I'q` I't D � i'.";u''t ra �k,q JJ',a 1}Rm MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 r INSP: JANICE HALL MeA Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC, described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750-000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/22/2026 . THIS NOTICE WAS POSTED AT: SUBJECT 7 OPERTY AS STATED ABOVE 1 Date: 617e, 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 day of 1 2026. N OI.E M PETRICK *wti= MYCOMMISSION#HH733861 Notary Public, State of Florida w; !. EXPIRES:January 3,2030 CE ICATION OF MAILING: RTI I„ c 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: ENCHANTED ISLAND INC, C/O REGISTERED AGENT CHARLES J. RICH, 325 S E 6T" ST, FORT LAUDERDALE, FL 33301.. Signature:. Sworn to and subscribed before me this `7 day M Notary Public, State of Florida a=4 LISAS.MARSHALL * MY COMMISSION#HH 605320 r EXPIRES:December 8,2028 // rr ce Trim 'S'g 4 , CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS of r yi �p K dPW d*, M` f T' " �'�i/�" "' %�Jr�, / � gym. „;:," y�f> ✓ n l rr / ,..,. �✓d�,� ,,.....::;ftlbY Fh.(Yll� �l'f�F; „„FB�'h� ' � '.^._._... ,,„r^-.. ,,, .,r.,: �? .. ."w. CMMJIMI�II UI �....,. I;...;„.h% ,,,^z:::M^„,..,' �'w. i r C I CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: JANICE HALL qR ✓�' �` J Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC, described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750-000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/22/2026 THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: Monroe Co my Courthouse — 500 Whitehead Street, Key West, Florida Date: 2G'' Time: * q f 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 2026, " NICOLE M.PETRICK . MY COMMISSION#HH 733861 Notary Public, State of Florida EXPIRES:January 3,2030 CERTIFICATION OF MAILING: I, l Ai=Irle-r— -, 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: ENCHANTED ISLAND INC, C/O REGISTERED AGENT CHARLES J. RICH, 325 S E 6T" ST, FORT LAUDERDALE, FL 33301,. /,00L/'.00 A��d Signatur Sworn to and subscribed before me this ` day of 202& ryl LISAS.MARS SHALL Notary Public' State of Florida µ MY COMMISSION#HH 605320 EXPIRES:December 8,2028 Pubi ot, s, Ill.hOItl C:C 1}III C 41N I VL I ANC r �!'t,e�"Ir}1. .;A(xr'�r io, 14IIIN VA, I l"vfN(rllArkt NIf)1WROFt C 01)N I}.Fl;01f11)A " wiCh�I2(}I (f)ll`11 Iz1 C)1111)A, /i / 'pll MR. Dili / i � iii/ ltcs nrrdr�t 8 �/ - % rii ,✓ �//%% /%/ii l ii//iii/%ii iii/ / //� CI.r11NGS& C7l %��%/�//��/////%1'�4uktvivar�/�'r�yrcw,�sr+.ini v�¢Ilri7u��tbu.,Mx�nraacG.t�uir4 (�da yawn Iruncc S kta � ����/ r i��//�� ✓ / �/fir , ✓/���it/// iUi/i%/j//��/�������/���/�����%i %��i�I �''��a//ii�)t P�aaai�h4�4��ry s+,Irvvara a�7sf ur vhhaxraWvpu,l�mtini�rrar�r.wrJ[nr�M on tlru�grl¢S z�mrp�cc�ak�� �� %�r //tfu lVkRx tmst�wvl�ut)�wm~vrexarru2c+�1 o t CVa�K1l1rMliY Kaap9•s1s aYLLanrK7c`Cureia�¢y rrv�h�zrakz„t) �b?�S Elad�/r"S.I,'� � �r,�; ,/ ����//�� cm0.lmayrormperp�9haa5wa�Itwz�tnb�ns.taeCtN carrSc xanawo4rsnc.�cap�eitiJ�s+uk�rJnn �'fkF�C �4�11*E��/T.G� �1,1� �?���K1,4�'Y IIr`tVL"v VI£YRIE7P.i1f�9@ f>s1t}N�CDI 44S1�i�"6"b f2k�rCrI3t75C10�J1➢i741P}`geu�4�apern�rmar�sSa��he�r�/"'�'%���i�/��; ��/,����scrssnnG�troy'rrtnywuwe7wn t9cc,irrarii�nnt�uan<lonMaama�nn�raRs�c�+sianraxlurn�ss+�tC7craarEScr.n/�V�a.S2 l/ """r����isr�x u�a!w,mtixwy awbird� tin�rtrinuu Wu ru,4rar an 4 0r�a ans¢wnicf fkr�etti+�E3 u.4tnro rlemetik,tta ct Wlrr�r3 %��i�',Mtsr5u9�+ +z�,�su�T a��iw��2�i���baaYRCr .rrsa4trcrerC n�exwaAin rya �nkcv '? ^4CBwa" r,a�ber,��e�aa Fm" /�� / /// i ,/,/�/� �/�/�/, / �//�/i i ✓i� iii i/ �� ll / / f � 1 f f f 1 r , 1 f / 1 i i / o 1 / f / i CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS KEY WEST COURTHOUSE PO I 1 Illli �,��� t CM {rty 1 III� pll lull � W i ��V� IIIII�IIII II Ili.���1 l j l ryp � p��t�Rt� R'�at5 Pu6lidNotice Puhlrc(rEotfce Pu61c+�9n6ce �//, `�/ ��%// ///��JiJ ,:/1,/i�,,, ,: ,,s„�,�„ ,.,r✓;.��iarr�'>"/„/�-, J;', �i":rl � / ��j % /l I y i CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS KEY WEST COURTHOUSE PO BEFORE .+: CODE COMPLIANCE SPECIAL AGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23020003 ENCHANTED ISLAND INC, ) 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 March 13,2025,Book 3315,Page 1858 on the property that was the subject of the code compliance action described as: BOAT BASIN BIRCHWOOD DR. KEY HAVEN,FLORIDA 33040,MONROE COUNTY,RE#00136750000000,and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of December 3,2025 is$28,504.50 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 22,2026 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALI, PROPERT Y OWNERS WHO WISH TO PAIffICI.PAT'E M TH , IIEARING SHOULD ATTEND"CIA ZOOM,WEBINAR.-INSTRUCTIONS ATTA :.' lr HERETO. _. ..........................�...... _ .. m....._.........._. Kelly M. Dugan Assistant County A ern Fla. Bar No. 10587 [1 tg ii-K II, !9q o ouLjty-fL.Qov 1111 12" Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this .day of December,2025 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 9589 0710 5252 :t�,,,, 11 1"295 00 to C/O ELWOOD R. DISHAROON,TRUSTEE 46 CHANDLER ST.,ARLINGTON,MA 02474. Man4cW�2adYu Code Compliance Department ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"711". County of Monroe The Florida Keys Board or `orrnt Cornmissioner4s Code Com�Rance )e artrnerrt� � a � 2798 Overseas Highway Mayor Michelle Lincoln,District 2 Marathon,Florida 33050 Mayor Pro Tern David Rice,District 4 Voice:(305)289-2810 Craig�� g Cates,District I FAX: (305)289-2858 James K. Scholl,District 3 HollyMerrill Raschein,District 5 n rr,* ENCHANTED ISLAND INC C/O ELWOOD R.DISHAROON,TRUSTEE 46 CHANDLER ST., ARLINGTON,MA 02474 December 3, 2025 Subject: Code Case: CE23020003 Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on January 22,2026 at the Marathon Government Center,2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. AL:I, PROPERTY OWNERS WHO WISH TO PARTICIPATE E IN THE HEARING, SHOULD ATTEND TEND VIA BOOM W DINAII. 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 9 r%g1 o f "')n a c cotllir t .,gc You are invited to a Zoom webinar. When: JAIL 22 2026 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Dearing — JANUAI Y 22, 2026 Please click the link below to join the webinar: tt s: mcbocc.zoo .us ' 89817567983 Or iphone one-tap : NHS: +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: tt s: cbocc.zoo us u k6hcmxBou it will greatly help if when you log into Zoom that you use your full legal name. (Please do not abbreviate or use a nickname).Once your case is called,please use the"Raise Hand"feature via the Zoom application. This will let our webinar administrator know to promote you to"Panelist"so that you can speak and show video. Please note this hearing starts at 9:00 am and there is generally no "time certain" for your case to be heard. Please plan your day accordingly. However,we ask that you log in at the start of the hearing, so we know that you are present. Cases are called randomly and not necessarily in the Order of the agenda.We ask for your patience as we do generally have a lot of cases to be heard. "�CE ' MONROE COUNTY CODE COMPL, MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750000000 ENCHANTED ISLAND INC. C/O ELWOOD R. DISHAROON, TRUSTEE 46 CHANDLER ST., ARLINGTON, MA 02474 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS CASE NUMBER: CE23020003 CERT #: 9589 0710 5270 2111 2956 00 cn GOOD SERVICE: -a O D O O o Ln o r1 o ai '*.p+ NO SERVICE: Ca _0 ZCo =` Q49 co 3 O so C� air,tan Giro p* m O m CO am `CJr N O O CID —j p m a N o N � g o CD 01 ru � N C7 Er cic-, •Z 3 CD a 0 • rq o co w < 6 N � 4 0 Gak�w4 _ g° ara dau � �retY con -- - •� N � ❑RebiPi1 Reca4pt(hercicopy) d "' __. `>!'.�; W !� Re4urri ReaoPpt(ele�^Yronic) .... Ln t^'"otthar wk Ir O E] +rtPtlded dell Re�2rttrked k�p4('vrq&± „.,„ �rw� ^y P�Q,,` Here t ,r r- DAdulk 6dgnekure Required ti „„.„„ „,.a✓,', A / C3 k IlJ 1 �d ik 59�neharo Restr cked d�� "r, 0 ❑❑❑❑❑❑w o W x D ' ww ._. . _ __�° �� '� ,� CIL CID opw.� m Er w an £�� kdFad CD CL Ir m ID a m w mw m o a ". N e" o v 3 ,. ❑❑ ❑❑❑ _. s CID N m.OR 3 0 m pR. m oErm�@im�� w \ II o n . N ❑ ❑ m 1113 m�� dw ' zo (-D<: .,. , > > �3 m00 c0 BEFORE ',. E CODE COMPLIANCE SPECIAL _'AGISTRATE JOHN VAN LANINGHAM MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, ) Petitioner, ) VS. ) CASE NO.: CE23020003 ENCHANTED ISLAND INC, ) Respondent(s). ) ) NOTICE OF MOTION TO AUTHORIZE FORECLOSURE A'NI' /OR MONEY J-1-3)(IMENT 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 March 13,2025,Book 3315,Page 1858 on the property that was the subject of the code compliance action described as: BOAT BASIN BIRCHWOOD DR. KEY HAVEN,FLORIDA 33040,MONROE COUNTY,RE#00136750000000,and upon any and all other real and/or personal property you own. The current outstanding amount of the County's lien as of December 3,2025 is$28,504.50 (fines and costs) which continue to accrue and increase until the case is compliant and closed. This motion will be considered on January 22,2026 at the Marathon Government Center, 2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY'" OWNERS WI10 WISH TO PARTICIPATE IN THE HEARING,SHOULD ATTEND V N ZOOM WEBINAR. INSTRUCTIONS ATTACIIED HERETO. Kell ....._..........M. .w._.v_ _ ...ww._ y Dugan Assistant County Attor y Fla. Bar No. IAn,- EN isa 1 g1,myAMM)nrmC '�1lnly I card 1111 12th Street, Suite 408 Key West, Florida 33040 (305)292-3470 CERTIFICATE OF SERVICE I hereby certify that on this day of December, 2025 a copy of the foregoing was furnished to Respondent(s)via Certified Mail, Return Receipt Request No. 9589 0710 .270 1 l;1 2 , ._r.4 to C/O MAX W. WALTERS TRUSTEE 720 N.WEST ST.,CARLISLE,PA 17013. Code Compliance Department ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than ten(10)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"711". County of Monroe The Florida Keys (..`ode Compliance Department ' � Board o(County Commissioners 2798 Overseas Highway M�,;' Mayor Michelle Lincoln,District 2 Marathon,Florida 33050 t Mayor Pro Tern David Rice,District 4 Voice:(305)289-2810 Craig Cates,District 1 FAX: (305)289-2858 James K. Scholl,District 3 Holly Merrill Raschein,District 5 ENCHANTED ISLAND INC C/O MAX W.WALTERS TRUSTEE 720 N.WEST ST., CARLISLE,PA 17013 December 3, 2025 Subject: Code Case: CE23020003 Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Dear Property Owners, This letter is to inform you that Monroe County, Florida has imposed a lien(s) against your property as a result of the above referenced code compliance actions. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Please take notice that a Public Hearing will be conducted by the Code Compliance Special Magistrate on Januaty 22,2026 at the Marathon Government Center,2798 Overseas Highway, EOC Meeting Room at 9:00 a.m., Marathon, FL 33050. ALL PROPERTY OWNERS WHO WISH T() PARTICIPATE IN THIS; HEARING SHOULD ATTEND VIA ZOOM WEBINAII. INSTRUCTIONS A'17CACIIED 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, Mon,c 7?od4-aJrc e'v Monica Rodriguez Code Compliance Research Analyst 305-289-2586 I�,oc�tjgttez-rtlow�e��t�r�n�canl�cl�cc�lt�tl � lN,,g�?�" You are invited to a Zoom webinar. When: JAIL 22 2026 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Dearing — JA IUARY 22, 2026 Please click the link below to join the webinar: tt s: cbocc.zoo .us ' 89817567983 Or iphone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: tt s: me occ.zoo .us u k6 c xBou 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. 11�-) '--)MONROE COUNTY CODE COMPI-6 CE MONROE COUNTY, FLORIDA Subject: Code Compliance Case CE23020003 Property Location: BOAT BASIN BIRCHWOOD DR., KEY HAVEN, FL 33040 Parcel ID: 00136750000000 ENCHANTED ISLAND INC. C/O MAX W. WALTERS TRUSTEE 720 N. WEST ST., CARLISLE, PA 17013 MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS CASE NUMBER: -�� 0 z � CE23020003 z ivi * � mxz cc tv CERT #: in CR * -1 o � m 9589 0710 5270 2111 2955 94 > Cn ' moo n LZ GOOD SERVICE: W �,o o �z NO SERVICE: -4 0 c N m o m a �- -0 Er Ln Ln u1 " a ■err ww�r it � . � �� � a. ; o �...�...�.� ru _..� _ .... _j ." art r apw',finu�u uw�xv ro uk, ptt pRet��R�elptm cep, $ ... �, In H Ln Return Recelpt(electronic) $,w-._ �._ �� � RJ �� cted MAIJURfSi allure Required Delivery Dell©ry$ .,,.w ._:.�.'&„�„;. '" a�a,1!" �4 Hh O d� v° IU""^� arrwwrw�rrrrrMM r,,, AduIC Signature 4§erycdread $ ` rij []Adult 9 w ru Ln ljtit w iiiii rei d §. d ill L ru {/^« may, i+l Y' µ& §^' H'•IlN „: ..r Er 55 In , ,.„m. F .. Ln IIITI Er 10 3 w �' P, w �vx0 t kuwn � P"oi' i`" UK IA " a a .11' § x v IMPwW r a � c nj w� �._� - ... .....w. �� °II�„ MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: JANICE HALL I, 1 S Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC, described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750-000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/22/2026. 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 day of 026. F ` NICOLE M.PETRICK MY COMMISSION#HH733861 NotaryPublic, State of Florida EXPIRES:January 3,2030 CERTIFICATION OF MAILING: /[�JC4Lt C 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: ENCHANTED ISLAND INC, C/O MAX W. WALTERS TRUSTEE, 720 N. WEST ST, C LISLE PA 17 3. Signatur Sworn to and subscribed before me this day of "` , 2026. Notary Public, State of Florida �? �TM. LISAS.MARSHALL *� " MY COMMISSION#HH 605320 "„�� w��"� EXPIRES:December 8,2028 ."'DU, � ��'��� j �'tiuumhl Vi ..!Ipuuuuumuuuuuuuuu IIIIII'u it I� i 1 d (I� �'7�1 C�il"'Y� /,� � �u�ix,�i rn x� �✓r �)���°I"J k9/�PJYf✓1��lO�G Jh�%G�/UNPI/%k�l f�9N� f�111 i',., „ !/ ..0 ,,.ai' /uric...✓ ��. � /..>5,� �.. �„ r.. �.. /�, CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS m� r a, 1 it r / kii r as rr F I J7�..Aft .. f Kr �w CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: JANICE HALL N, Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC, described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750-000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 01/22/2026. THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: Monroe County Courthouse —500 Whitehead Street, Key West, Florida Date: I Zt, ze., Time: Z* 4*7 Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse —88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: S subscribed before me this day of 2026. ... 10 NICOLE M P. .. _. ETHlclt :' MY COMMISSION#HH7 Notary Public, State of Florida �' E PRES:January 3.2030 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: ENCHANTED ISLAND INC, C/O MAX W. WALTERS TRUSTEE, 720 N. WEST ST, C LISLE PA 17 13. Signature. Sworn to and subscribed before me this _ day o 2026. Notary Public, State of Florida LISAS.MARSHALL + MY COMMISSION#HH 605320 *rre ' EXPIRES:December 8,2028 1111 �1 � j I %noir IiCFORI ;(p'pf1L4'O�III,IA\Chtil'I((,"Lwl Pub N otice „AGIS"IWOE", ,N)IL1 V,%N f,"ksIa1(.II i,Af �It,)ylt("11,C01Iv Y,FLORIDA a\I(Ii1RQl•;('QUN"I'1';FhOIdiUA, CASE VOA.CG23020007 :EN li 1NTFA) ,Rcspondeli ). , MmEwmak MIA- Puihrn r till nr r�4 ant}„�rll i� c tfie,'vinrr K Cnunty C o&C' I nc4 SpAcfai tila 15rra+i�nurAOanl lu "ii , r r A9(1);�uull cn.rc I roU..aI.rt en�4 ,r wne �uJ mcra 41, the Cw1c Cfarnph in c I�nnl grde �r�KzaAm n O �n�l is�us v15�1 roe arJzd in li•, Ulf IFir tJsul'St>>rpt C'oun4� �i March l� Ch$ [3wh �1^�m Fa,c lB�t n ihu prnpeq thpc a4 the aubr U fiat xlc c rtpl am n> d�c ihcA.An;H4),✓1,f k�SDI F3(R{((RfIDR OH�ii;i%'^ j�kl 1 I1�VI h,,.l LAq�i>4'"+?rnp„niC11VlAUi £UI'"vl l"RI pnl � �Iiiff Gh00r,anJ `„/ ;,,, Wn vu nnJn71 th u"M w r r�reru n^al�r lrr tiw lca it Yh urY i laud y,axr and IKhc£, t uvh nus I{i r. rikt,r Andtil dill 1 1 anQ I ` a„ f,txpR a£v hdnnYCJdY C.txXll.l alb r///xwu aCcemrw,f w w o w 2 rf b r 7� ywf S' 02d a u �ra / or% iiri i r nunslt 6i u i/�����/r/r/i !s,io///%,, ✓/��i/fir%//ice, �� � iiii/i/r /„i�/i rid; ��/�/ �r �/�' //i/�/���/////���1//O%�s ,-.Fib r' -:,,�'✓�„�/ >��i�rr�.a,�///i r i CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS KEY WEST COURTHOUSE PO r yi +wrti i rJ � 9IIIIIIiIiI "' V'! '" i 1 f/JJ r I f '.Publ�d�lohce pwblic dofiic� Pwbl(c Gatice ,�tir�rjrr�u�r.: 1� , ��//���✓�'/ � /i�ryr�� ire �y�;i i �,,,. >'„ /��.� � + NO CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 1/06/26 INSPECTOR HICKS KEY WEST COURTHOUSE PO County of Monroe w The Florida Keys "µ Roard r m t t� sioner s qn Mavor J Scholl. District 32798 Overseas Highway Marathon. Florida 330 Mayor Pro TemMichelle �incoln. District 2 Voice:(305)289-2810 a � ) Craig Cates. District I David Rice_District 4 FAX: (305)289-2858 Holly Merrill Raschein. District 5 r� r ENCHANTED ISLAND INC 3 AZALEA DR KEY WEST, FL 33040-6206 May 28, 2025 Subject: Code Case: CE23020003 Location: BOAT BASIN BIRCHWOOD DR KEY HAVEN, FL 33040 Dear Property Owners, The purpose of this letter is to inform you that Monroe County, Florida has imposed a lien against your property as a result of the above referenced code compliance action. This lien is a lien on the property that was the subject of the code compliance action and upon any and all other real and/or personal property you own. Our records indicate that the violation(s)remains on your property. Because your property is not in compliance the fines continue to accrue in the amount of$ 100.00 per day until the property comes into compliance. A daily fine of$ 100.00 per day has currently accrued for 84 days for a current total of$ 8400.00. 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 $ 1104.50 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 $ 9,504.50 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 y()t,rs, tA Janice Hall Sr Code Compliance Inspector 305-289-2591 County of Monroe The Florida Keys m liance �rtn1G 9 r wsuru 1`', 1 r - Co_+an C lami n ". 2798 Overseas Highway �r.,�'-. Mayor James K.Scholl,District 3 Marathon,Florida 33050 �� � Mayor Pro Tem Michelle Lincoln,District 2 Voice:(305)289-2810 Craig Cates,District 1 FAX: (305)289-2858 David Rice,District 4 Holly Merrill Raschein,District 5 ENCHANTED ISLAND INC 3 AZALEA DR KEY WEST,FL 33040-6206 March 13, 2025 Subject: Code Case CE23020003 Property Location: BOAT BASIN BIRC14WOOD DR, KEY HAVEN,FL 33040 Real Estate No.: 00136750000000 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 03/13/25, Book 3315,Page 1858.The current amount of the County's lien is$2,004.50(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 I ocation. 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 Nicole M. Petrick,Liaison p6 For questions regarding this letter,please contact your Inspector, Janice Hall 305-289-2591 I ialW Jail, c.(ii,j�x5Ltirci qpA:a! y: Niy Doc#2493024 Bk#3315 Pg#1858 Electronically Recorded 3/13/2025 at 9:00 AM Pages 18 Filed and Recorded in Official Records o' '­`,)NiiOE COUNTY KEVIN NIADOK ElectronicallyRE C: $154.50 BEFORE THE COUNTY CODE COMPLIANCE SPECIAL MAGISTRATE MONROE COUNTY, FLORIDA MONROE COUNTY FLORIDA, Petitioner, VS. ENCHANTED ISLAND INC Case No.: CE23020003 Respondent(s). Subject Property Real Estate Number: 00136750-000000 LIEN/FINAL ORDER Having fully considered the evidence presented at hearing,including testimony of the Code Compliance Inspector(s)and/or witnesses under oath,the following Findings of Fact and Conclusions of Law are ORDERED: The Respondent(s)and/or Authorized Representative was n t present via zoom webinar on October 214.20W_­dT d_ not contestthe violati5nTST set forth-in the Notice o as �_e — Vla-t�-io'n-/Notice of Hearing which is incorporated rein as TFuFy set forth and attached hereto, (x) The Respondent(s)islare the owner(s)of property located within Monroe County and was/were duly noticed of the hearing. (x) The Respondent(s) is/are in violation of the Monroe County Code(s) as fully set forth in the Notice of Violation[Notice of Hearing served upon the Respondent(s). ONE-TIME FINE-The violation(s)is found to be irreparable or irreversible and a one-time fine of$ is ORDERED, payable within_days of this Order. (x) COSTS - Pursuant to Section 162,07(2) of Florida Statutes all costs incurred by the County in prosecuting the case is ordered to be paid within thirty(30)days of compliance. Costs will continue to accrue until compliance is achieved and the case is closed. (x) The Respondent(s)shall comply with the Code(s) referred to in the Notice of Viol ation/Notice of Hearing on or before 03/0312025 _("THE COMPLIANCE DATE"), (x) In the event the violation(s)were or are not corrected on the compliance date previously ordered or on the compliance date set forth herein,fine(s) in the dollar amount: 6.1001a) �.00 6-110.(a)(J)_ $50.00 for each day BEGINNING ON THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED. I (x) It is further ordered that the County is hereby authorized to make all reasonable repairs including demolition which are required to bring the property into compliance and charge the Respondent(s) with the cost of repairs incurred by the County,the costs of prosecution incurred by the County and any fines Ordered in this matter. The Respondent(s)were in violation of the MONROE COUNTY CODE(S)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not come into compliance on or before THE COMPLIANCE DATE but are now in compliance. The Respondent(s)shall pa the total amount of cost and/or fines $ to Monroe County Code CompNnce within thirty(30)days of this Otr. (x) The Special Magistrate incorporates by reference the allegation(s)in the Notice of Violation/Notice of Hearing(attached hereto)and finds the allegation(s)was/were established by the County's Witness(es), Evidence and/or Exhibits that were introduced and accepted at the hearing, Doc.#2493024 Page Number: 2 of 18 ,, In the event of nonpayment of fines and/or costs imposed on Respondent(s),a certified copy of this Order may be recorded in the public records and shall thereafter constitute a lien against the land on w Respondent(s), the violation or violations exist and upon any other real or personal property owned by the violator. The Coun may institute foreclosure proceedings if the lien remains unpaid for three months and/or may sue to recover money judgment for the amount of the lien plus accrued interest, Please make checks payable to Monroe County Code Compliance and marl to: Monroe County Code Compliance, Attu: Office of the Liaison, 2798 Overseas Hwy,,Suite 330, Marathon,FL 33050„ IT IS THE RESPONDENT S RESPONSIBILITY TO REQUEST A REtNSPECTION TO DETERMINE WHETHER THE PROPERTY O LIA COMPLIAN E AT 305 453-8806 FOR THE UPPER Q 2 • 8 fl O THE IUtIDDLE E , 5 29 •4 F R THE LOWER KEYS, DATED this 251h day of October , 2024. John G. it4, 44,Ma istrate ,APPEAL PROCE Respondent(s) shall have 30 days from the date of the foregoing Order of the Special Magistrate to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s)„ ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER. CERTIFICATE OF ORDER I here reify that thi a true and correct copy of the above Order, Nicole Petrick, Liaison CASE NUMBER: CE23020003 Respondent(s) mailing address of record with the Monroe County Property Appraiser's Office° ENCHANTED ISLAND INC 3 AZALEA DR KEY WEST, FL 33040-6206 Location of subject property: BOAT BASIN BIRCHWOOD DR KEY HAVEN, FL 33040 Real Estate Number: 00136750-000000 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 l first class U.S. marl,to Respondent(s) address of record with the Monroe County Property Appraiser's Office as Zrefed above /o Authorized Representative NIA on this 25th day of _.October, 2024. Nicole Petrick, Liaison Doc.#2493024 Page Number: 3 of 18 County of Monroe '` Code Compliance Department 2798 Overseas Highway � Marathon, Florida 33050 .w...._........._......ww ._..�_._..NOTICE OF VIOLATION/NOTICE OF HEARING To: ENCHANTED ISLAND INC Case Number: CE23020003 3 AZALEA DR KEY WEST,FL 33040-6206 Location: BOAT BASIN BIRCHWOOD DR,KEY HAVEN,FL 33040 Re Number: 00136750000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/01/2023 and subsequently found the following violation(s) of the Monroe County Code: 6-100.(a) -PERMITS REQUIRED APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit.NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is$500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) -Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit,NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees,mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an.After the Fact perm t is $500.00(rive hundred dollars) as per the Monroe County Code.All permits will require PASSING final i.nspections(s). Contact the Code Compliance Inspector upon compliance. 1 Doc.#2493024 Page Number: 4 of 18 (L/f PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO PAR11CIPA'I`E IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INS"I°RUC"TIOI' S ATTACHED HERETO. ( �) You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs,or if a violation is not corrected by the time specified,the case may be presented to the 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 etp 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 lines 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 RESUL T I'N 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@rn tiroec�ourt - 1 , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: lttt s://monroecoun fl.ne ct.r uest.com. If eau Grp re ttestin the case file in..prep forte hearing, oktt;,rggltt. houtd lae submitted no les:i than ten N 0 da s rior to eaur c icduled 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 inr II UIIUI contact your inspector listed below. 2 Doe.#2493024 Page Number: 5 of 18 =, NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made,which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: HALL,JANICE 3tc ,Sr Code Inspector �l 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 parned addres�(s)by Certified Mail, Return Receipt Request No.: 7019 1120 0000 6229 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 "71 ill. IIIIM� �I, IMINII 3 Doc,#2493024 Page Number: G of 18 You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate blearing — OCTOBER, 24, 2024 Please click the link below to join the webinar: htt s: mcbocc.zoom.us/i/89817567983 Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: htt s: mcbocc.zoom-us u k6hcmxBou It will greatly help if when you log into Zoom that you use your full legal name. (Please do not abbreviate or use a nickname).Once your case is called,please use the"Raise Hand"feature via the Zoom application. This will let our webinar administrator know to promote you to"Panelist"so that you can speak and show video. Please note this hearing starts at 9:00 am and there is generally no "time certain" for your case to be heard Please plan your day accordingly.However,we ask that you log in at the start of the hearing,so we know that you are present.Cases are called randomly and not neces arily in the Order of the agenda.We ask for your patience as we do generally have a lot of cases to be he rd. y � Doe.#2493024 Page Number: 7 of 18 try County of Monroe Code Compliance Department 2798 Overseas Highway Marathon, Florida 33050 �' '� .......__._.-..........w...._....._w_.......,_._,.._.._.NOTICE OF VIOLATION/NOTICEw___. _._.... _.�..�........�.._.,_www-.. .,._._....w......_,_ OF HEARING To: CHARLES J RICH, REGISTERED AGENT Case Number: CE23020003 325 SE 6TH ST FORT LAUDERDALE FL 33301 Re: ENCHANTED ISLAND INC Re Number: 00136750000000 Location: BOAT BASIN BIRCHWOOD DR, KEY HAVEN,FL 33040 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on_,� ! and subsequently found the following violation(s) of Monroe County Code: 6-100.(a) - PERMITS REQUIRED APPROVAL(S), PERMIT(S),AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit.NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits,permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is$500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) -Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit.NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits,permit fees,mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. 1 Doe.#2493024 Page Number: 8 of 18 (� PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING, SHOULD AT'FEND VIA ;BOOM WEIIINAR. INSTRIIC"PIONS ATTACHED HERETO. (k/ You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. ( ) 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 ma;✓ be presented to the Special Magistrate even if the repeat violation(s)have been corrected prier 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 $I5,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature. In addition to such tines, 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/ORCOST"S MAY 1 ESULT IN ALIEN AGAINS"r 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 I'etricic-Nic le amonroeount -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: htt // nroecoun fl.aeattrh�esubmit t.co . It ou are re r�estin the case file in re araton for your ljggrin�. our re oast shouldted no less tltan ten l0 da s rior to our schedu led 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. 2 Doe.#2493024 Page Number: 9 of 18 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made,which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the approprl e location: HALL,JANICE Sr Code Inspector "l 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(lie above named addressee(s)by Certified Mail, Return Receipt Request No.: 7019 1120 000=62 �on - t1a, +&"o L4 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". 3 Doc.#2493024 Page Number: 10 of 18 You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — OCTOBER 24, 2024 Please click the link below to join the webinar: https:llmcbocc.zoom.us/j/89817567983 Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: https:/Imcbocc.zoom.us/u/` k6hcmxBou It will greatly help if when you log into Zoom that you use your full legal name.(Please do not abbreviate or use a nickname).Once your case is called,please use the"Raise Hand"feature via the Zoom application. This will let our webinar administrator know to promote you to"Panelist"so that you can speak and show video. Please note this hearing starts at 9:00 am avid 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 radomly and riot necessarily in the Order of the agenda.We ask for your patience as we do generally have a lot of cases to be heard. II Doc.#2493024 Page Number: 11 of 18 - County of Monroe t Code Compliance Department ... � , 2798 Overseas Highway ° . , Marathon, Florida 33050 ..""""""" ._ NOTICE OF VIOLATION/NOTICE OF HEARING To: ELWOOD R DISHAROON AS TRUSTEE Case Number: CE23020003 46 CHANDLER ST ARLINGTON MA 02474 Re: ENCHANTED ISLAND INC Re Number: 00136750000000 Location: BOAT BASIN BIRCHWOOD DR, KEY HAVEN,FL 33040 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/01/2025 and subsequently found the following violation(s) of Monroe County Code: 6-100.(a) -PERMITS REQUIRED APPROVAL(S),PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit.NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits,permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is$500.00(five hundred dollars)as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) - Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit.NOTE:All permit fees and permit requirements are based on the specific scope of work, Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required.The minimum fee for an After the Fact permit is $ 00.00 (five hundred dollars)as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. INN 1 Doc.#2493024 Page Number: 12 of 18 (%,4 PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. Al,L PROPERTY O ER:^ WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIAZO(: M WE131NAR. INSTRUCTIONS ATTACHED HERETO. (-f You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified,the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. ( ) 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(%),the Special Magistrate may order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR COS°I"S 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-Ni olc monroecoun -fI. oy, 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://monroecount fl.netre uest.com. if ou are re ue%tin the case file in re aration for our hearing. our re uest %hould.be%ubmitted no less than tc n I0 da %motor to our 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 im contact your inspector listed below. 2 Doc.#2493024 Page Number: 13 of 18 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made,which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: HALL, JANICE 1 Sr Code Inspector OKJ7 O���l 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.: 7019 1120 0000 fat 1 - 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". 3 Doe.#2493024 Page Number: 14 of 18 You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — OC"TOBER 24, 2024 Please click the link below to join the webinar: https://mcbocc.zoom.us/i/""""`89817567983 Or iPhone one-tap US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: htt s: mcbocc.zoom.us u k6hcmxBou It will greatly help if when you log into Zoom that you use your full legal name.(Please do not abbreviate or use a nickname).Once your case is called,please use the"Raise Hand"feature via the Zoom application. This will let our webinar administrator know to promote you to"Panelist"so that you can speak and show video. Please note this hearing starts at 9:00 am and there is generally no "time certain" for your case to be heard.Please plan your day accordingly.However,we ask that you log in at the;start of the hearing,so we know that you#e present.Cases are called randomly and not necessarily in th�Order of the agenda.We askfor your patience as we do generally have a lot of cases to be heard. Doe.#2493024 Page Number: 15 of 18 County of Monroe Code Compliance Department `s " L � 2798 Overseas Highway Marathon, Florida 33050 __.........._. .......w__.. . ___...._...NOTICE OF VIOLATION/NOTICE HE...a..w..vwvw._.. _........_....._. ._ ARING To: MAX W WALTERS AS TRUSTEE Case Number: CE23020003 720 N WEST ST CARLISLE PA 17013 Re: ENCHANTED ISLAND INC Re Number: 00136750000000 Location: BOAT BASIN BIRCHWOOD DR, KEY HAVEN,FL 33040 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on Q2/ 1/2023 and subsequently found the following violation(s) of Monroe County Code: 6-100.(a) -PERMITS REQUIRED APPROVAL(S), PERMIT(S),AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit.NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits,permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is$500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) - Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit.NOTE: All permit fees and permit requirements are based on the specific scope of work.Additional permits, permit fees,mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. wl 1 Doc.#2493024 Page Number: 16 of 18 (../) PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL, PROPERTY OWNERS WHO "'DISH TO PARTICIPATE IN THE HEARING SHOULD XrTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. ( You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs,or if a violation is not corrected by the time specified, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. ( ) 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 R.COSTS MAY"RESULT IN A LIEN'AOAINS'T Y'OLJ 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-Nic le monroecount - ov, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: lift s://monroecount fl.ne tre uest.com. If ou are re a sti�igj ccase file in r aration ear hearing, our re hest lioaild be subitiitted no less than ten 10 da s rior to our scheduled lieari 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. 2 Doe.#2493024 Page Number: 17 of 18 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made,which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropria location: HALL, JANICE Middle Keys: 2798 Overseas Highway, Suite 330 Sr Code Inspector 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.: 7019 1120 0000 9 97 an e -AQ:&P .-, . rY1 Code Compliance Department IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT THE SUBJECT PROPERTY AND THE MONROE COUNTY COURTHOUSE. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting;if you are hearing or voice impaired, call "711". I 3 Doe.#2493024 Page Number: 18 of 18 You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — OCTOBER 24, 2024 Please click the link below to join the webinar: htt s: mcbocc.zoom.us ' 89817567983 Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756,7983 International numbers available: htt s: mcbocc.zoom.us u k6hcmxBou It will greatly help if when you log into Zoom that you use your full legal name.(Please do not abbreviate or use a nickname).Once your case is called,please use the"Raise Hand"feature via the Zoom application. This will let our webinar administrator know to promote you to"Panelist"so that you can speak and show video. Please note this hearing starts at 9:00 am and there is generally no "time certain" for your case to be heard. Please plan your day accordingly. However,we ask that you log in at the start of the hearing,so we know that you are present. Cases are called randomly and not necessarily in the Order ofjthe agenda.We ask for your patience as a do generally have a lot of cases to be heard. County of Monroe Code Compliance Department 2798 Overseas Highway �. K Marathon, Florida 33050 .. .,.m_ ......._. ... ......NOTICE OF....VIOLATION/NOTICE OF HEARING To: ENCHANTED ISLAND INC Case Number: CE23020003 3 AZALEA DR KEY WEST, FL 33040-6206 Location: BOAT BASIN BIRCHWOOD DR, KEY HAVEN, FL 33040 Re Number: 00136750000000 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/01/2023 and subsequently found the following violation(s) of the Monroe County Code: 6-100.(a) - PERMITS REQUIRED APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) - Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. u (0 PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. ( ) You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the 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-Nicole6,6monLoecopes ,1�go , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: wwwgr fc , _ Le%i gl n.� �hat) �r z _y<ara r st should be ubmittecl_..no less tha t ..wl.l��c�a s Iles tca�yc?pscheduled h� aria 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 in contact your inspector listed below. � I 1, NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: HALL, JANICE Sr Code Inspector �1( 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 p q � � an � t� � W... )by Certified Mail, Return Receipt certify Re tue t No.a copy �70 9reof h1120 p00p as been furnished to the above aanauci adds c�sc Code Co.. p iance 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 it. Em You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — OCTOBER 24, 2024 Please click the link below to join the webinar: III t ,,. c c ® m- s aM119gl..Z5 � 3 Or iPhone one-tap US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Uial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ICE: 898 1756 7983 International numbers available: Iht s: u � hciirnxBou 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 riot necessarily in the Order of the agenda. We ask fir your patience as we do generally have a lot of cases to be heard. County of Monroe Code Compliance Department 2798 Overseas Highway , Marathon, Florida 33050 a NOTICE OF VIOLATION/NOTICE OF HEARING To: CHARLES J RICH, REGISTERED AGENT Case Number: CE23020003 325 SE 6TH ST FORT LAUDERDALE FL 33301 Re: ENCHANTED ISLAND INC Re Number: 00136750000000 Location: BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/01/ 3_ and subsequently found the following violation(s) of Monroe County Code: 6-100.(a) - PERMITS REQUIRED APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) - Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. ME (� PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS, WHO WISH TO PARTICIPATE IN THE HEARING SHOIJLD A"I""I'END VIA ZOOM WERINAR. INSTRUCTIONS ATTACHED HERETO. (� You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. ( ) 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 Iletric -'Ni.co Ie( .m�a uc)eeoul ty-fi': , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: ttt as://ncortaeccunc Il.next;rec aest.coa. It" ou_.gr:p re gout° the casew fie in Iaaufart �°f Sul. c � hearing,your re uestmmsliottld be submitted no less thanten (IQ�days prior Ic your scheduled.hearin w You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s)exist as alleged in this Notice,you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropri, e location: Sr CodA .... M .. JACE � �-j e InspectorL3 a �' -6 J� 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.: 7019 1120 0000 65 on ....I-B,wG)0 ..a. Y—)nCA-.,A kA� ._. .. _._._........................_ ............... _. _.... ...ww_......._ .w..w.wv...............,.. 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". You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (CIS and Canada) Topic: Special Magistrate Tearing — OCTOBER 24, 2024 Please click the link below to join the webinar: Itta, b 7983 . ........��� ...us � �� . Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or "Telephone: Dial(for higher quality, dial a number based on your current location): IS: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 7983 International numbers available: tt � . , 11 -us a I h u 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 ra�domly 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. i i 11 County of Monroe Code Compliance Department R11 2798 Overseas Highway y �taR°F• IfW � Marathon, Florida 33050 NOTICE OF VIOLATION/NOTICE... ....__... .... ... _-.. .........._...........rv, .. OF HEARING To: ELWOOD R DISHAROON AS TRUSTEE Case Number: CE23020003 46 CHANDLER ST ARLINGTON MA 02474 Re: ENCHANTED ISLAND INC Re Number: 00136750000000 Location: BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on 02/01/2023 and subsequently found the following violation(s) of Monroe County Code: 6-100.(a) - PERMITS REQUIRED APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK. Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) - Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. l � PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS2 WHO WISH TO PARTICIPATE IN THE HEARING SHOULD ATTEND VIA ZOOM WEBINAR. INSTRUCTIONS ATTACHED HERETO. (,-4 You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. ( ) 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-Nie tgahjj r roecourt yjfl.&,o , prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: http, :// o roecoligl 1�.ne St uest.com. If you qre re�questin the case file in p,�e a tort for dour hearingµ your request sha [ bewsubmitted nowwlessathan ten 10 wdays prior to amour 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 imp contact your inspector listed below. I Pf NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropriate location: n HALL, �..................__. �..�....... JANICE Middle Keys: 2798 Overseas Highway, Suite 330 Sr Code Inspector Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE p q red addressee s)by Certified Mail, I herebycertify that a co hereof has been furnished to �' copy Return Receipt Request No.: 7019 1120 0000 62 t the above named 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 11711". F1Vfjj, I�117�� � �VY�VI � 1 ��� 1 1 , l l t, You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — OCTOBER 24, 2024 Please click the link below to join the webinar: Or iPhone one-tap : SOS: +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 D: 898 1756 7983 International numbers available: Iltt c m u u Jk6hciirnxBou 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 Ire present. Cases are called randomly and not necessarily in thl Order of the agenda.We ask for your patience as we do generally have a lot of cases to be heard. fffffffl I '' r ' County of Monroe '` n 4' Code Compliance Department a 2798 Overseas Highway Marathon, Florida 33050 P�z NOTICE OF VIOLATIONINOTICE OF HEARING To: MAX W WALTERS AS TRUSTEE Case Number: CE23020003 720 N WEST ST CARLISLE PA 17013 Re: ENCHANTED ISLAND INC Re Number: 00136750000000 Location: BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 DEAR PROPERTY OWNER, You are hereby notified that an investigation of the above property was initiated on w02/01/20223 and subsequently found the following violation(s) of Monroe County Code: 6-100.(a) - PERMITS REQUIRED APPROVAL(S), PERMIT(S), AND ALL INSPECTIONS ARE REQUIRED FOR THE FLOATING DOCK, Corrective Action Required: Contact the Monroe County Building and Planning Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per Monroe County Code. All permits will require PASSING FINAL INSPECTION(S). 6-110. (a)(1) - Fees/Permitting ATF Required WORK COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT OR APPROVAL BY THE BUILDING OFFICIAL IS SUBJECT TO AFTER-THE-FACT FEES. Corrective Action Required: Contact the Monroe County Building Department and obtain an after the fact permit or demolition permit. NOTE: All permit fees and permit requirements are based on the specific scope of work. Additional permits, permit fees, mitigation fees, or restoration of the property to original condition may be required. The minimum fee for an After the Fact permit is $500.00 (five hundred dollars) as per the Monroe County Code. All permits will require PASSING final inspections(s). Contact the Code Compliance Inspector upon compliance. EM (�} PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the above case on 10/24/2024 at 9:00 AM at the Monroe County Government Regional Center, 2798 Overseas Hwy., Marathon, Florida. ALL PROPERTY OWNERS WHO WISH TO PARTICIPATE IN THE HEARING Sl-I()IJt, D ATTEND VIA ZOOM WEBINA1t. INSTRUCTIONS TION ATTACHED E HERETO. ( You can avoid attending the hearing if all violation(s) noted above are corrected by 10/16/2024 and you have contacted your inspector. If a violation is corrected and then recurs, or if a violation is not corrected by the time specified, the case may be presented to the Code Enforcement Special Magistrate even if the violation has been corrected prior to the hearing. ( ) 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 e( )nionroecoun -'k .�ttv, prior to the date of the hearing. You may request a copy of your case file by filing a public records request online: ji,t s //mono°ogcrow ate ra, txe a t.rcar t "c)la_ re r c ii-g L_, l'ilmq in ,p ,pgratiqn for elµ hearing. your r�Agg2s should be submitted no less than ten_f]Q) days rp for tom our scheduled hearing You may request a continuance of the hearing for good cause shown. If you choose to request a continuance, a written request on the County's form must be made at least five (5) business days before the date of the hearing. If you choose to request a continuance, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for continuance DOES NOT GUARANTEE a postponement of your hearing. If you agree that the violation(s) exist as alleged in this Notice,you may request a Stipulation Agreement in lieu of attending the hearing. If you choose to request a Stipulation Agreement, contact the Code Inspector listed below at least five (5) business days before the date of the hearing. A request for a Stipulation Agreement does not guarantee a postponement of your hearing. It is important that you contact your inspector listed below. Rim 2 NOTE: IF YOU DECIDE TO APPEAL any decision by the Special Magistrate,you will need to ensure that a verbatim record of the proceedings is made, which shall include the testimony and evidence upon which the appeal is to be based. The appeal must be filed within 30 days of the Special Magistrate's Final Order. IT IS YOUR RESPONSIBILITY TO CONTACT THE CODE INSPECTOR to confirm that you do not need to attend the hearing(s). Please contact your inspector at the appropria - location: HALL, JANICE Sr Code Inspector Middle Keys: 2798 Overseas Highway, Suite 330 Marathon, FL 33050 (305) 289-2810 Upper Keys: 102050 Overseas Highway Key Largo, FL 33037 (305) 453-8806 CERTIFICATION OF SERVICE Return Receipt Request No.: 7019 1120 0000 to tlac above nar�aecl addressee(s)by Certified Mail, I herebycertify that a co hereof has been furnished fY PY p q 9 97 "1 on ......... W w......1�... ' .._ a. 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". pli, m You are invited to a Zoom webinar. When: OCT 24 2024 9:00 AM Eastern Time (US and Canada) Topic: Special Magistrate Hearing — OCTOBER 24, 2024 Please click the link below to join the webinar: bjtw . µ b9817567983.......... Or iPhone one-tap : US: +16465189805„89817567983# or +16699006833„89817567983# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 518 9805 or +1 669 900 6833 Webinar ID: 898 1756 .7983 International numbers available: III .�. - ,.Imcbocc.zoorn.us U ..J1(6hcmxBou 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 a do generally have a lot of cases to be heard. � �tt MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS CA! M E _ _........ � 7 CERT #:lot O� � � GOOD SERVICE: NO SERVICE: 7019 1120 0000 6229 9807 §` o a a " cm + 1 l �r tt MONROE COUNTY FLORIDA CODECOMP" T . ,.T,-,T .- . A wwww ..._._._._...._._._._._...www_,_m_.,..........__.._.._.._.._.._............................................. .. REGISTERED MAIL RECEIPTS '`' y 0 C " � NUMBER: add CERT GOOD SERVICE: N y NO SERVICE: o W 0 0 z 0 Ll ,� -j � , 7019 1120 0000 6229 9814 0 � � ...<...._ v —o IR � � y 1 r a m u 111 a a o flu . .tea w I, F m,, MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT ._......... IT......__ww �. FREGISTERED MAIL EIPTS ComPlailAt Nui r: CE ago C. ^..� T #. ww w_ w_ . _........... . _ ...ww_..I_.. 4 v w k'' a� far GOOD SERVICE. �. a NO SERVICE: 7019 11r22 0000 6229 9791, ;�sl � ti p -111 El c� lti p Er ru Y n Vi^I Vpll� ujj � aEr per crs as an a 6 I —p] � p; 5 o II II F11,1111 s^II" f a d . tr7l CIO ,q �r mo � �a� W 101 • � � w n,»��;« '"� � I „���xW ��.,. u�.m �u�rGl�ar��i��������/�ryr✓1✓l��}�� � "� "fl"""V• &""w,,1t �? 4i! ,'p,� h ww'm'. Via ro #w'pi t�� r i 4J y c �j O,zQ5 N C, Y b P ilk II � (.1 N p f•y II .la la I'.7 l�I olll'ui� t1a .�..x, MONROE COUNTY FLORIDA CODE COMPLIANCE DEPARTMENT REGISTERED MAIL RECEIPTS CADS CEI GOOD SERVICE: NO SERVICE: 7019 1120 0000 6229 9838 E r ®cu� � � I µ „, 4 w R gar e " MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE Ip Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date. /0/0 204V Time: / r Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Date: Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Dater Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: Signature: Sworn to and su=�EXPIRES: day of 45 2024, Y 7981 26 Notary Public, Rate of Florida CERTIFICATION OF MAILING: I, Monroe County Code Compliance, declare under penalty of perjury, that I mailed a dupi ate copy of the above-mentioned Notice via First Class Mail to: ENCHANTED ISLAND INC , 3 AZALEA DR , KEY WEST, FL 33040-6206 . cl,,�4A ,44 , 1qJM.,4,W Sworn to and subscribed before me this day of 2024.. NICOLEM.PETRICK Notary Public, State of Florida "= MY COMMISSION#HH 207102 EXPIRES:January 3,2026 u MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE I ,r-6f Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: /0 Time: Monroe County Courthouse — 500 Whitehead Street, Key West, Florida Dater Time: Monroe County Courthouse — 3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: Sign tore: Sworn to and subscribed before me this day of „ 2024. P 4e`.� KAREN J. PHINNEY MY COMMISSIONAHH227981 Notary Public, Sta e of Florida EXPIRES:April l9,2026 m CERTIFICATION OF MAILING: I, Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate opy of the above-mentioned Notice via First Class Mail to: ELWOOD R DISHAROON, TRUSTEE, 46 CHANDLER ST. ARLINGTON, MA 02474, Signature: Sworn to and subscribed before me this 44 day of 2024. .4L IIIe R 1 M.P TRD2O2 Notary Public, State of Florida Ac�"_ R .�' EXPIRES:J071 L,ION# MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE Id Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: /0/0 Z/2-paY _ 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 day of , 2024. FXp'lMy � Il II � � Notary Public, Mate of Florida CERTIFICATION OF MAILING: 1I AA Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicate Opy of the above-mentioned Notice via First Class Mail to: CHARLES J RICH, REGISTERED AGENT, 325 SE 6T" ST. FT. LAUDERDALE, FL 33301, Signature: Sworn to and subscribed before me this day of & d 2024,. NICOLEM.PETRtCK Notary Public, State of Florida * *= MY COMMISSION#HH W102 M," EXPIRES:January 3,2026 MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE 1, S#414JAJ ! Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date- / Z & Time: /° s 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 ZZ day of 2111 02 =4*e, "41�6KAREN PHF EY ON47981 Notary Public, tateof Floridpril , 026 CERTIFICATION OF MAILING: I„ Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicafe copy of the above-mentioned Notice via First Class Mail to: MAX W WALTERS, TRUSTEE, 720 N WEST ST, CARLISLE, PA 17013, Signature: a�41�A) LAm.4 Sworn to and subscribed before me this day of 2024. NICOLECOMMISSION M.ION#H ICK Notary Public, State of Florida *'= MY COMMISSION#HH 2O7102 Y EXPIRES:January 3,2026 r M' ' km' "� �i���" //�1�� qq�,; � /,�l�r ✓i J�'�'f!d m /w�, r+ � 9J�/, r�f^ �" i� �r �M a r u e y v r p k 1 r � tl y. 1ii I �r r � r 56, r CE23020003 BOAT BASIN BIRCHWOOD DR. KEY HAVEN 10/02/2024 INSPECTOR HICKS ,</i /�, �,c��u►:�.�ctca,r� . ,�4,� ��/fit r . � / / r/ r / a t zu � ylu r�seras adc;u�a!s + / CE23020003 BOAT BASIN BIRCHWOOD DR. KEY HAVEN 10/02/2024 INSPECTOR HICKS „o”, ,�,: r „� ,�:. r, r,/r/` 'ri,r,"sa,r "„.,,rrr „�/ �' �r��%�/�/��/f�✓l�// / / r r r / / / / r c r// / //, ,,, /0%�����//� ✓ for l ri / r rr / / r f / r / it r / r � / / o, i jEf CE23020003 BOAT BASIN BIRCHWOOD DR. KEY HAVEN II 1 10/02/2024 INSPECTOR HICKS 1 I r ti hi� o, V J �um n� V I I ti f r CE23020003 BOAT BASIN BIRCHWOOD DR. KEY HAVEN 10/02/2024 INSPECTOR HICKS S / 1 S % b i 1u� r, I S re I i r� 1, x�r�i/��/N✓r rain "� x/✓✓ /u�il a,� ��W� .,,rors. �. ��«,�..���Cio,✓is/�/�i�",,/l�� v� CE23020003 BOAT BASIN BIRCHWOOD DR, KEY HAVEN 10/02/2024 INSPECTOR HICKS j IIIIVII� W i°°°1°�°°°°°iN illlllllllllii MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE Monroe County Code Compliance, declare under penalty of perjury, that I posted the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date'. Time: Monroe Count C urthouse — 500 Whitehead Street, Key West, Florida Date: Time: `r Monroe County Courthouse —3117 Overseas Highway, Marathon, Florida Date: Time: Plantation Key Courthouse — 88820 Overseas Highway, Tavernier, Florida Date: Time: Sia ure: Sworn to and subscribed before me this day of 202 Lll�*tREN J. PHINNEY COMMISSION#MU27981 Notary Public, ateOf FIPIRES:April 19,2026 CERTIFICATION OF MAILING: I, Ar�0 Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicade copy of the above-mentioned Notice via First Class Mail to: MAX W WALTERS, TRUSTEE, 720 N WEST ST, CARLISLE, PA 17013. Signature: Sworn to and subscribed before me this day of 2024, NICOLE M.PETRICK +: 4* MY COMMISSION#HH2O7102 EXPIRES:January 3,2026 Notary Public, State of Florida a �1, Count),, Oa Monroe '� 1P t Code Compliance Dcparlmen[ %'1 � 2795 ON F ighwn, j %tar.>thun Florida 33050 iiy w:,i �O fl('F.OF�'Il)L�ATI01/`10TIC6.OF(IE.RENG VN)&AL*t' RS AS TRV,,iTfT G;axe Number, +CF,23020003, 4T,S; �l / i t CE23020003 RE:00136750-000000 Boat Basin on Birchwood Dr KEY HAVEN Inspector: GRANT October 4, 2024 COURTHOUSE POSTING i MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE rv" Monroe County Code Compliance, declare under penalty of perjury, at I posted the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time: f Monroe Count Cou house — 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: Si nature: ..°°' Sworn to and subscribed before me this day of �� , 202 �*" KAREN J. PHINNEY Notary Publi „ State of Flor" MY COMMISSION#M27981 Iyo EXPIRES:April 19,2026 CERTIFICATION OF MAILING: Iw Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicat copy of the above-mentioned Notice via First Class Mail to: ENCHANTED ISLAND INC , 3 AZALEA DR , KEY WEST, FL 33040-6206 Signature, 1* 4.4 4 A- Sworn to and subscribed before me this day of to 4o," 2024. NICOLE M.PETRICK Notary Public, State of Florida u : ? MY COMMISSION#HH2O7102 * = EXPIRES:January 3,2026 //% County of Monroe fCode Compliance Department 2798;0 rstas liit.h%�a i Marathon,Florida 33050 iG ��, " 7+t[Tt 4C"F..OF 1�COL, GC►'1/1[)TICE(3F HF:AHI IK. NAYTFf1 ISLAND I tiG;,. Caw Number. CE23020003LEA 0*1 �T FL 3*40 620b 33040 � l)#utjvn c+t init#stccl am /��� �le� 3au 14 fs�u�d0kt�,latisrn�a�41 tUu�7ndrsre Cc�ud�y Godu"" '" r; r - I: i CE23020003 RE:00136750-000000 Boat Basin on Birchwood Dr KEY HAVEN Inspector: GRANT October 4, 2024 1 44 COURTHOUSE POSTING MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE 1„ Monroe County Code Compliance, declare under penalty of perjury, at I poste -the property owned by: ENCHANTED ISLAND INC described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 . THIS NOTICE WAS POSTED AT: SUBJECT PROPERTY AS STATED ABOVE Date: Time. Monroe County Co house — 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: Si natur , �, ('­ Sworn to and subscribed before me this tj day of , 2024. 0."'% KAREN J. PHINNEY Notary Public, St e of Florida MY COMMISSION#HH227981 EXPIItES:April 19,2026 CERTIFICATION OF MAILING: 1, A'j , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicat copy of the above-mentioned Notice via First Class Mail to: ELWOOD R DISHAROON, TRUSTEE, 46 CHANDLER ST. ARLINGTON, MA 02474. 14 Signature: Al AA.41i Sworn to and subscribed before me this day of 2024: p _ NICOLE M.PETRICK MY COMMISSION#HH2O7102 Notary Public, State of Florida f" EXPIRES:January 3,2026 . wR oiElm "'���1 COL111ty 01'M0111-0C ode Coill I)l i'l lice Dcpulwlejll 271)8O, Marmhon. Honda 33050 NO11CL OF N 10 LATI ON/NO I'l CE,OF Iff,kRING Tu: ELAOOD R DISII.t.ROON A1,TR1 STEL Case Number: (4.23020003 46 CIIANDLER ST ARLIN %CTON'I ,1 A 02474 Px-, ENCHANTED ISLAND INC R&Number: 00136750000000 tamiian; BOAT BASIN BIRCHNNOOD DR, KFY IIAVY.N,Fl,3.3040 iWAR PRq)Vi MY WA.M-R. &M AND All 1:4 1,09000, esc ij a of W A 4101,,,............ Ali 111 CE23020003 RE:001 36750-000000 Boat Basin on Birchwood Dr KEY HAVEN Inspector: GRANT October 4, 2024 COURTHOUSE POSTING MONROE COUNTY CODE COMPLIANCE AFFIDAVIT OF POSTING CASE: CE23020003 INSP: HALL, JANICE 1, Monroe County Code Compliance, declare under penalty of perjury, that 1 posted" the property owned by: ENCHANTED ISLAND INC , described as BOAT BASIN BIRCHWOOD DR , KEY HAVEN, FL 33040 , having the property RE#: 00136750000000 with the Notice of Violation/Notice of Hearing for this case with a Hearing Date of 10/24/2024 . 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 /1 day of 2024v Ilk " A � R H� Notary Public, S e of Florida ry p4 d CERTIFICATION OF MAILING: 1„ , Monroe County Code Compliance, declare under penalty of perjury, that I mailed a duplicat,6 copy of the above-mentioned Notice via First Class Mail to: CHARLES J RICH, REGISTERED AGENT, 325 SE 6T" ST. FT. LAUDERDALE, FL 33301. le Signature: Sworn to and subscribed before me this day of 2024. NICOLE M.PETRICK Notary Public, State of Florida +a a M MY COMMISSION#HH 2O7102 EXPIRES:January 3,2026 u �„u�r�„D „�uR4ar��u� aaV / / „ , t, I ,I� r, CE23020003 RE:00136750-000000 l t Boat Basin on Birchwood Dr KEY HAVEN Inspector: GRANT October 4, 2024 COURTHOUSE POSTING Hall-Janice From: cjo972@msn.com Sent: Thursday,June 1, 2023 8:25 AM To: Hall-Janice Cc: Lee Marshall; McPherson-Cynthia Subject: RE: RVs Attachments: 20230601_073544 jpg CAUTION There now has been 3 boats tied up to the floating docks for some time now.This is being use as thier personal marina. These people do not even live in the neighborhood. On Mar 22, 2023 7:55 AM, cjo972@msn.com wrote: Regarding the floating dock I have attempted to reach out to the current owner and have been unsuccessful. They are no longer at 3 Azalea Dr. On Mar 20, 2023 9:31 AM, Hall-Janice <Hall-Janice@MonroeCounty-FL.Gov>wrote: Thankyou forthe update. We are continuingto see site inspections regardingthe RV.. A courtesy notice will be sent to the owner regarding the floating dock. , I Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure From: cjo972@msn.com <cjo972@msn.com> Sent: Saturday, March 18, 2023 9:04 AM To: Lee Marshall<marsha1[1ees@yahoo.com> Cc: McPherson-Cynthia <M c Pherson-Cynth ia @Mon roeCou nty-FL.Gov>; Hall-Janice <Hall- Janice@MonroeCounty-FL.Gov> Subject: Re: RVs CAUTION Hello all Just an update. Someone is still occupying the RV at 20 birchwood and the floating dock remains. Thankyou On Feb 21, 2023 12:07 PM, cj_Q972Qaui�sn,ccxn wrote: Hello all 2 „vNm ° '.i Orr New” uu r Jl ✓� r r„ ✓ 1 f f / t4� vw� %Q�,�1G0 [ /r Pd PlroO�i//�dy� 'P` � //�'1 w/„°f ni rf✓�� /l r`% �✓i'^�'r ��/rr/'i 13��rrr la1 °' , ii>�a; IrY�fl/� t�i(�j � '��� / 0 h f /ii I%f/ /Jf 1 rr✓�/i�✓s✓r /i �✓ir� Ai refs✓al J ��/ a � �yY'���% /o vi 4ry 1/vwlr��'i/i/ ( �ww', f r i / l � �✓ �J�/ s ��j„e l U, a�jY�/r �INr/,/i1 1��N` � / fr/ 1///�/✓r/11�����//�i/r ���r���,�11%r/�'1 ��a /�,lbr�/ ;/li mn" %//,�f� ;I r/�a(U; l�,r a fs IN'✓ni„q�(rta�Nir''l il��� / , f,;��'jf,f//!s r /i✓fr/f��;���� iwi�i��/� rrr o/% riQrnr��iiirr�///�/'r� / s / /i���r S��/r// l;%'1)Jy/!/%f✓i%N j�://(l1/�yq'`'y� Y�t/�j K✓trii/��ln�m r///��/�i���%�' ew rs yes ,mr m///'/f� vyf� ' r%�iii r J %/i ' ��/�rwn✓/rii�r ���1>f�yr/� � , S,�jY� iii/o, ��/r ✓l�I ma� /Ilti �r/rrr /�I his i%rr f�Y�I�� I rf af1 w iol r'" rrr+ / �Ui i /f✓ eslu/�i/ f rr� /' r aNd/r///%//aril%r���� %1( // 10 ji ri %%r,,,: r °J1f Ir����%/ y��;a Ir �%//d 1�r✓F��jll//gym r r / P, i �1f( II � uti r n w i r i i 7 r q�a/rar� �tyr�✓vial�,� ��(�NY�rlr'" r ,r P i t a' muuuu ��:y� 4 � r 1 i r m f r w, II vi n w" wr �o y �• ,�ati�n9 rrr�,'t" �e?� i rw� ti y� r rc lr r m o � 6✓i l i� r�J rr 1115 CE23020003 BOAT BASIN, KEY HAVEN f� 2/01/23 INSPECTOR HALL - n 0 fy i,V ,�. °� W p tali" iu d � �� ✓,m �1`�, r.;, �"" ' P � ff DOW ------------- �VI a� 91l y, R f� oy ,. Y1 14k I CE23020003 BOAT BASIN, KEY HAVEN 10/18/23 AERIAL PHOTOS r n� � " /Ilk m J N� Y f � r i r " N � O4, rr'f riles CE23020003 BOAT BASIN, KEY HAVEN 10/18/23 AERIAL VIEW °�� rM a r� V / i t „ , � n �, .o CE23020003 BOAT BASIN, KEY HAVEN 6/10/24 INSPECTOR HALL d W � 1 1 re r i �r rr i n>',� ✓��r<Jwu � 1�1�1riMs /r/ /y rr> � a � t � / � �u�r ��° ' W r CE23020003 BOAT BASIN, KEY HAVEN 9/12//24 INSPECTOR HALL , f County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE23020003 Date Issued: 3/20/23 RE#: 00136750-000000 Owner/Tenant: Enchanted Island LLC Property Location: Boat Basin Birchwood Address: 3 Azalea Dr Key Haven Key West FL 33040 This letter is intended to seek your cooperation in bringing your property into compliance without further Code Compliance Action.An Inspection of this property reveals violations of the following: Property to be cleaned of Trash &Debris(Vegetative) Unlawful Disposal/Dumping or disposal of any solid waste,or trash and debris Prohibited Signs/Signs Requiring Permits Abandoned Vehicles/Trailers Abandoned Vessels Parking/Storage and/or habitation of Trucks,Trailers,Travel Trailers and RV's Rights of Way Use or Improvements _X_ Work without permits Expired permit **BUILDING DEPARTMENT PHONE NUMBER 305-289-2501** Corrective Action:A permit is required for the floating dock in the boat basin-see attached photo. Corrective measures must be taken within_30_days from the date of hand delivery,posting or postmark of this communication.Failure to comply within allotted time may result in a Notice of Violation/Notice of Hearing being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE CODE INSPECTOR for re-inspection. Please contact your inspector at the appropriate location indicated below. X Middle Keys: 2798 Overseas Hwy., Suite 330,Marathon, FL. 33050 (305)289-2810 Upper Keys: 102050 Overseas Hwy., Suite 225, Key Largo,FL 33037 (305)453-8806 Prepared by; m._ ..( Date, Phone: 305-289-2591 Email: hall-janice@monroecounty-fl.gov M EM FE rt Vb M w J1 f, County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE23020003 Date Issued: 3/20/23 RE#: 00136750-000000 Owner/Tenant: Enchanted Island Inc Property Location: Boat Basin Birchwood Address: Kirby L McClain Jr,President Key Haven PO Box 2001,AMF Miami FL 33101-2001 This letter is intended to seek your cooperation in bringing your property into compliance without further Code Compliance Action. An Inspection of this property reveals violations of the following: Property to be cleaned of Trash &Debris (Vegetative) Unlawful Disposal/Dumping or disposal of any solid waste,or trash and debris Prohibited Signs/Signs Requiring Permits Abandoned Vehicles/Trailers Abandoned Vessels Parking/Storage and/or habitation of Trucks,Trailers,Travel Trailers and RV's Rights of Way Use or Improvements _X_ Work without permits Expired permit **BUILDING DEPARTMENT PHONE NUMBER 305-289-2501** Corrective Action:A permit is required for the floating dock in the boat basin-see attached photo. Corrective measures must be taken within_30_days from the date of hand delivery,posting or postmark of this communication.Failure to comply within allotted time may result in a Notice of Violation/Notice of Hearing being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE CODE INSPECTOR for re-inspection. Please contact your inspector at the appropriate location indicated below. X Middle Keys: 2798 Overseas Hwy., Suite 330, Marathon, FL. 33050 (305)289-2810 Upper Keys: 102050 Overseas Hwy., Suite 225, Key Largo,FL 33037 (305)453-8806 Pre ared b ,,, .... w.__ )ate_.m.M. : `. .. .....,.w._._.. _._ _._ P Y Phone: 305-289-2591 Email: hall-janice@monroecounty-fl.gov II� 1� �� f c r rx tr: t•'� ri3 � to~ LO LO f°-:X w ' C e lu �re ts9 a 2 r. w Er-t •-f h.. Lrl t� M f" 0 LL f`' ul roy m by $d qq l� .ry en en I P1 �� U ed CA �� �o a � M A oo .�. r% �m � County of Monroe Code Compliance Department COURTESY NOTICE OF CODE VIOLATION Case: CE23020003 Date Issued: 3/20/23 RE#: 00136750-000000 Owner/Tenant: Enchanted Island Inc Property Location: Boat Basin Birchwood Address: 325 SE 6TI Street Key Haven C/O Charles Rich Fort Lauderdale FL 33301 This letter is intended to seek your cooperation in bringing your property into compliance without further Code Compliance Action.An Inspection of this property reveals violations of the following: Property to be cleaned of Trash &Debris(Vegetative) Unlawful Disposal/Dumping or disposal of any solid waste, or trash and debris Prohibited Signs/Signs Requiring Permits Abandoned Vehicles/Trailers Abandoned Vessels Parking/Storage and/or habitation of Trucks,Trailers,Travel Trailers and RV's Rights of Way Use or Improvements _X_ Work without permits Expired permit "BUILDING DEPARTMENT PHONE NUMBER 305-289-2501** Corrective Action: A permit is required for the floating dock in the boat basin-see attached photo. Corrective measures must be taken within_30_days from the date of hand delivery,posting or postmark of this communication.Failure to comply within allotted time may result in a Notice of Violation/Notice of Hearing being issued to you. IT IS YOUR RESPONSIBILTY TO CONTACT THE CODE INSPECTOR for re-inspection. Please contact your inspector at the appropriate location indicated below. X Middle Keys: 2798 Overseas Hwy., Suite 330, Marathon, FL. 33050 (305)289-2810 Upper Keys: 102050 Overseas Hwy., Suite 225, Key Largo, FL 33037 (305) 453-8806 --- ........www_www Prepared by .w._._._ :. ...._. Ittte._ Phone: 305-289-2591 Email: hall-janice@monroecounty-fl.gov fl' �M .M lei r uo, % d C. LL £'� K nia M Lu F� 1-4 �! 4�1 �t4 M M d N eq U � e4 a in #j r7 �+ n to �.. d GJ a o a A 00 :+ as UN � Y t r: 9/10/24, 12:08 PM MCeSearch Preuwaw.aw Summary Google .. Parcel ID 00136750000000 This page cant load Google Maps correctly. Address VACANT LAND KEY HAVEN D°-rYa�s' wsliP? 01C City/State/Zip KEY HAVEN FL,33040 Units 1 Owner ENCHANTED ISLAND INC amuoµt rPreva�i94N3%fr¢mWpd� pQ,R,y Iafkt to be taken to the GIS Web Application to view additional information on this property NOTE:The CIS Web Application is a separate application from MCeSearch.Any questions regarding the Web Map Application or its content should be directed to the r�jS l)um„Ilsi Oorlrv,,iryN. Permits Code Cases Database Contains Only Permit Applications submitted before 10/1/2022. Database Contains Only Code Compliance cases created before 1/1/2024 Number Type Issued Status Case Number Type Status Stales Date Board ko dmX APOua T,"M,1, 411b1220Q1 E-MAIL OPEN 03-20-2023 SM ,1LIS0.0A4 E-MAIL CLOSED CASE 10-27-2019 SM 0i304GU I., PHONE CALL CLOSED 07-22-2003 COMPLAINT Your pnvacy,s important to us,for--formation see our privacy policy.The services,information,and data made available m this website are provided-AS IS"without warranties of any kind Monroe County and its authorized agent and contractors make no representations or warranties regardmg the condition or functionality of this web toe,its suitability for use,or that this web service will be uninterrupted or error-free ni / https://mcesearch.monroecounty-fl.gov/property/341 51 I PARCEL ACTIVITY Content as of Sep 10, 2024- 12:06 PM and subject to change. PARCEL ID ADDRESS1 UNIT CITY OWNER 00136750-000000 ENCHANTED ISLAND INC ®, , �......�... 1. ..,..�...,., _ . l �.:.. . ....... . PERMIT ACTIVITY INCIDENT ACTIVITY INCIDENT INCIDENT ID DESCRIPTION SUBMITTED STATUS .. ... �. ... w,.. ,, .:...... .,, VIOLATION ACTIVITY VIOLATION ( CASE ID DESCRIPTION SUBMITTED STATUS � I 5/8/26, 11:05 AM gPubiic-Monroe County, FL-Report:00136750-000000 **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 Appraisers office cannot guarantee its accuracy for any other purpose.Likewise,data pprovided regarding one tax year may,not be applicable in prior or Subsequent years.By requesting,such data, ou taereb understand and agree that the data is intended for ad valorem tax purposes only and should riot be relied on for any other purpose By continuing into this site you assert that you have read and agree to the above statement. Summary Skip to amin cu[7tr,rre Parcel ID 00136750-000000 Account# 1170984 Property ID 1170984 Millage Groop 100A M s A'NkIIRCHWOOD Dr,KEY HAVEN Legat Description KEY EN FIFTH ADDITION RACCOON KEY PB5-10 PARK (Nate:Not to be u,,e'I ora Or:ga-al aiocumer6 s Neighborhood 109 Property Class MINING(9200) Subdivision KEY HAVEN 5TH ADD SeclTwp/Rng 26/67/25 Affordable Housing No Owner ENCHANTED ISLAND INC 3 Azalea or Key West FL 33040 Valuation +...Market Im..--...�........ 2025 Certified Values 2024 Certified Values 2023 Certified Values 2022 Certified Values Improvement Value $0 $0 $0 $0 ..�...,.,,_..�. MMen . ................ ...,,,._..._ � .. www....,.,,,, ... ... .. �..... ... ,.. .,..... _...... .. - .........,.. .. + MarketMiscValue $0 $0 $0 $0 . ........................... _ .. . ................, + Market Land Value $50 $50 $50 $50 _....Just Market Value _......... ............. . ..... ... $50,,,,.., $.5.0 ....„ $5.0 .$50 .... ............. . ...., .,,. _,... -.. School Exempt Value, ...............u ........ $o ...._... ...... $0.._............. $0.. .. $0 Total Assessed Value $50 $50 $50 $50 ._.��. .........,„,,, = School Taxable Value $50 $50 $50 $50 Historical Assessments YearM W. µLand Value Building Value Yard Item Value Just(Market)Value Assessed Value Exempt Val „„„ue axa e Value Maximum Portability 2024 $50 $0 $0 $50 $50 $0 $50 $0 2023 ..,.$5.0 $0.... $0 $50 $50 $0 $50 $0 .... .,... . _,...,.,..,..,,, ........... ,. $50 $0 2021 $50 $0 $0 $50 $50 $0 $50 $0 __,...... �..,...... ..........._ $ 2020 $so $o $o $50 $sa $o $so $o 2019 $50 $0 $0 $50 $50 $0 $50 $0 26.. $50...............,,......... ....... .....w......... .. .. ......--- $o $0 $50 $50 $0 $50 $0 'The Maximurn Portaltrillloty is an esthrnate oniy and should not be relied upon asthe aetLIA pry:„fta&i lity arnouort Coonitract cur office to verity the act.u.uall pzoirtaabifiity arnount. Land Land Use Number of Units Unit Type Frontage Depth ...... ..............�.M._� ..... .............. �.... ... .. —W.......�.. ..,,,....,„ ............ (9500) 1,00 Lot 0 0 View Tax Info View Taxes,for this Parcel https://qpu blic.schne idercorp.com/Application.aspx?Appl D=605&Layer)D=9946&PageTypel D=4&Pagel D=7635&Q=2015343707&KeyValue=00136750... 112 5/8/26, 11:05 AM gPublic-Monroe County, FL-Report:00136750-000000 Map � WN k� 1 rr TRIM Notice No data available for the following modules:Buildings,Yard Items,Sales,Permits,Sketches(click to enlarge),Photos. The Monroe County PropertyAppraisei s office rnai Wins dnr:r on propel E tni,the Cou,)t',� solely for the purpose of fulfilling its responsibility to secure a just valuation for ad valcrern rrx SCHNEIDER purposes of all propertywithin the County.The fvlonroe County Pl opera/Appral5cr's ntficc cannot guarantee its accuracy for any other purpose LiiCEVils2,dace provict.rd rtgaroing one tar; year may not be applicable in prior or subsequent years By requesting such data,you heree-_bv understand and agree that the Oyer I'lPrior qy��rtkicy C"xPPR rq�^ �y tggtic Last Data I,Gf1PPvt https://gpublic.schneidercorp.com/Application.aspx?ApplD=605&Layerl D=9946&PageType I D=4&Pagel D=7635&Q=2015343707&KeyValue=00136750... 2/2 RMSam C. Steele C.F.C. 2025 Paid _11keall Estate I,' Monroe County Tax Collector NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS 1170984 100A 1170984 ENCHANTED ISLAND INC 00136750000000266725 3 Azalea Dr BOAT BASIN BIRCHWOOD Dr Key West, FL 33040-6206 KEY HAVEN FIFTH ADDITION RACCOON KEY P135-10 PARK TAXING AUTHORITY TELEPHONE ASSESSED VALUE EXEMPTION AMT TAXABLE VALUE MILLAGE RATE TAXES LEVIED SCHOOL STATE LAW 305-293-1400 50 0 50 1.0490 0.05 SCHOOL LOCAL BOARD 305-293-1400 50 0 50 1.8980 0.09 GENERAL FUND 305-292-4473 50 0 50 0.9157 0.05 F&F LAW ENFORCE JAIL 305-292-7017 50 0 50 1.7457 0.09 HEALTH CLINIC 305-293-7500 50 0 50 0.0315 0.00 GENERAL PURPOSE 305-2924473 50 0 50 0.1756 0.01 MOSQUITO CONTROL 305-292-7190 50 0 50 0.3999 0.02 M C LOCAL ROAD PATROI 305-292-7017 50 0 50 0.2889 0.01 SFWM DIST 800-432-2045 50 0 50 0.0948 0.00 OKEECHOBEE BASIN 800-432-2045 50 0 50 0.1026 0.01 LOWER&MIDDLE KEYS F 305-292-4473 50 0 50 1.9076 0.10 EVERGLADES CONST PR, 800-432-2045 50 0 50 0.0327 0.00 AD VALOREM TAXES: 8.6420 13ILL EXPRESS SCAN TO PAY LJNE! LEVYING AUTHORITY TELEPHONE UNITS AMOUNT 1 NON-AD VALOREM ASSESSMENTS: $0.00 WWW.1AONR.OIIG:'TAXCOI..II..ECTOR.COI L hi L riii : l GET BIIII..III.S BY 1EMAIII,. $0.43 tl r •w 6 „nii. C. S �vteele ..,. 1170984 IMoniroe County T )c Collector PO BOX 1129, KEY WEST, FL 33 —112 305-295-5000 PAY ONLY ONE AMOUNT V�VVVVVI Im a ���m m '~ May 29,2026 $0.00 ENCHANTED ISLAND INC 3 Azalea Dr Key West,FL 33040-6206 PLEASE MAKE CHECKS PAYABLE TO: PLEASE DO NOT WRITE BELOW THIS LINE . SAM STEELE,TAX COLLECTOR U.S.FUNDS ONLY w _ m MONROE COUNTY, FLORIDA RESOLUTION NO.05�L2014 A RESOLUTION OF THE BOARI> 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 FOR NON-COMPLIANT PROPERTIES, FORECLOSURE AND/OR MONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY OWNER, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 162.09(l), Florida Statutes and Monroe County Code Section 8-31(a) give the Special Magistrate appointed to hear Code Compliance cases the authority to impose 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 to Section 162.09(3), Florida Statutes and Monroe County Code 8- 31(c), a certified copy ofan. Order imposing a fine or a fine 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. 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, foreclosure and/or money judgment actions far collection of unpaid fines and/or costs from a property owner; March 19, 2014 Code Lien. Procedure NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1: 'the 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: t"his 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 tem Danny I.. Kolhage Yes Commissioner Heather Carruthers Yes ('.11ommissioner George Neugent Yes Commissioner David Rice Yes BOARD OF CO[JN'I'Y COMMISSIONERS OFMONROE COUNI-Y, FLORIDA 100, 4, BY: Ma or SyIVra Murphy 'At') 'ES'F: AMY HEAV CI.,ER.K 49 J�OE 00 IATTORNEY 0 Deputy Clerk S814 e�l TR TO; *y D#ft cc� March 19, 2014 Code Lien Procedure 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 1. Special Magistrate (SM) enters a Final Order imposing a compliance date, fines and/or costs after a finding of violation of Monroe County Code(s) by property owner(violator) or 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. 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 costs in excess of$200. 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 detennine: i. if the subject property is homesteaded; ii. if the subject property is the only property owned by property owner/violator; iii. what efforts, it"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 staffshall provide a written memo or email to the County Attorney's Office (CAY)with the results of the research outlined and requested further action. 7. The CAY will review the information provided by CC staff. & 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 I.Jen Procedure 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 IJaison 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, 17oreclosure, 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. -eat to the public health, safety & welfare then immediate Exception—11a violation poses a serious thi permission to file an action for an inspection warrant, injunction and/or demolition may be sought with BOCC direction. cedure March 19, 2014 Code I..,ien Pro