Code Compliance Details

CLOSED CASE AND PASSED TO NICOLE FOR

SCANNING.

PREPARED LIEN RELEASE FOR SIGNATURE AND

MAILING.

FINE PAID 6-4(A)(C)

PAID DATE: 11/01/16 PAID AMT: *******

FINE SETTLED 6-4(A)(C)

SETTLE DT: 10/21/16 SETTLE AMT: *******

CHECK IN THE AMOUNT OF 21,200.00 REC'D

FOR PAYMENT OF FINES & COSTS PER SM

MITIGATION ORDER.

FINES: 21,100.00 COSTS: 100.00) RECEIPT

NO. 02000035410

COPY OF RECEIPT GIVEN TO SR. RESEARCH

ANALYST BY LIAISON.

FILE IN LITIGATION DRAWER

SM ORDER IMPOSING FINE SIGNED AND DATED

10/21/16:

"...IT IS ORDERED THAT RESPONDENT IS

FINED A TOTAL OF $21,100.00 FOR THE

VIOLATION FOUND TO EXIST ON HER PROPERTY

IN THE ORDER DATED AUGUST 3, 2007. NO

LATER THAN 30 DAYS AFTER THE DATE OF

THIS ORDER, RESPONDENT SHALL PAY TO THE

COUNTY THE SUM OF $21,200.00 ($21,100.00

IN FINES AND $100.00 IN COSTS). FAILURE

TO PAY THIS SUM WITHIN THE TIME ALLOWED

SHALL RESULT IN THE RESTORATION OF THE

FULL, UNMITIGATED TOTAL FINE OF

$123,200.00 PLUS COSTS...."

SM ORDER IMPOSING FINE EMAILED AND

MAILED VIA 1ST CLASS MAIL TO PO ON

10/21/16.

SCHEDULED FOR MITIGATION REQUEST

MITIGATION HEARING HELD AND SM TO ISSUE

ORDER.

NOTE: MARLENE MONTILLA AND EDUARDO

MONTILLA WERE BOTH PRESENT AT HEARING

LIAISON CALLED MR. MONTILLA TO INFORM

HIM THAT THE COUNTY'S PACKET WAS

PREPARED FOR THE SM FOR HEARING ON

09/15. SINCE HE DOES NOT HAVE EMAIL

ACCESS AND IT'S TOO LARGE TO EMAIL HE

INDICATED THAT WE CAN PROVIDE A PRINTED

COPY FOR HIM AT THE HEARING.

MR. MONTILLA CALLED LIAISON AGAIN AND

SAID HE DID NOT RECEIVE THE MITIGATION

FROM/REMINDER NOTICE MAILED TO THE NEW

ADDRESS ON 08/29. (CONFIRMED CORRECT

ADDRESS AS WRITTEN). FAXED TO PO TODAY.

CONFIRMATION 2 PAGES SENT ON 09/06/16.

LIAISON REC'D PHONE CALL FROM EDUARDO

MONTILLA INFORMING ME THAT HE NO LONGER

HAS EMAIL ACCESS. HE GAVE ME ALTERNATE

MAILING ADDRESS TO RE-MAIL PRE

MITIGATION FORM AGAIN AND ALSO GAVE ME

HIS CELL # (IN ORIGINAL FILE FOR

REFERENCE).

REMINDER NOTICE OF HEARING FOR 09/15/16

WITH PREHEARING MITIGATION REQUEST FORM

ATTACHED MAILED TO PO VIA 1ST CLASS

MAIL. ALSO EMAILED TO EDUARDO MONTILLA

AT EMONTILLAMD@GMAIL.COM ON 08/18/16 BY

LIAISON.

EMAIL FROM PO HUSBAND SELECTING

9-15-2016 SM

RTE VM TO PO. WISHES TO APPEAR AT SM.

EMAILED AVAILABLE DATES.

REQUEST LETTER REVIEWED BY SW. AS A

RESULT, MAILED REDUCTION OFFER TO PO AND

EMAILED TO REALTOR THAT IS INQUIRING:

THE COUNTY WILL ACCEPT, $61,878.70

($61,600.00 FINES AND $278.70 COSTS),

AND PROVIDE A FULL SATISFACTION AND

RELEASE OF LIEN. THIS OFFER IS GOOD FOR

30 DAYS.

RECEIVED EMAIL FROM REALTOR THAT THE

PROPERTY OWNERS MAILING ADDRESS HAS BEEN

CORRECTED.

PASSED REDUCTION REQUEST LETTER FROM

PO'S HUSBAND TO SW FOR CONSIDERATION

REPSONDED TO ANOTHER EMAIL FROM REALTOR

REGARDING REDUCTION.

RESEARCH REVEAL ADDRESS STILL NOT

CORRECTED.

MY RESPONSE:

THE COUNTY WILL CONSIDER A REDUCTION

AFTER THE MAILING ADDRESS FOR THE

PROPERTY OWNER IS CORRECTED. AS I

EXPLAINED IN MY TWO PREVIOUS EMAILS, IT

REMAINS:

MONTILLA MARLENE FONTIRROCHE

9350 SW 136TH ST

MIAMI, FL 33176

YOU MAY LET ME KNOW WHEN THAT HAS BEEN

COMPLETED.

RECEIVE EMAIL FROM REALTOR WITH LETTER

FROM PO REQUESTING REDUCTION, FURTHER

STATING THAT THEY SOLD THE PROPERTY AT

9350 SW 136, MIAMI IN 2004.

MY RESPONSE:

SINCE THIS CASE WAS APPROVED FOR

LITIGATION, BY WAY OF THIS EMAIL, I

HAVE

INCLUDED MR. WILLIAMS, OUR ASSISTANT

COUNTY ATTORNEY FOR CODE. HE WILL

REVIEW THE LETTER.

ADDITIONALLY, THE MAILING ADDRESS ON

THE

COUNTY TAX RECORDS REMAIN AS FOLLOWS:

MONTILLA MARLENE FONTIRROCHE

9350 SW 136TH ST

MIAMI, FL 33176

THIS ADDRESS CAN BE CHANGED AT EITHER

THE PROPERTY APPRAISERS OFFICE OR THE

TAX COLLECTOR’S OFFICE.

EMAIL TO REALTOR:

THIS CASE WAS THE RESULT OF THE FAILURE

TO PROVIDE SAFETY RAILINGS ON AN

EXTERIOR ELEVATED PORCH.

I HAVE REVIEWED THE FILE AS PROMISED,

AND IT IS VERY CLEAR THAT ALL ATTEMPTS

TO CONTACT THE PROPERTY OWNER REGARDING

THE LIEN HAVE FAILED. THERE WERE

SEVERAL POSTINGS AT THE PROPERTY DURING

THIS CASE AND THE ADDRESS ON THE TAX

RECORDS REMAINS:

9350 SW 136TH ST

MIAMI, FL 33176

A HEARING WAS HELD ON JULY 27, 2007 AND

THE SPECIAL MAGISTRATE FOUND THE

PROPERTY IN VIOLATION AS CITED AND

IMPOSED A COMPLIANCE DATE OF AUGUST 23,

2007 WITH A REVIEW HEARING IF

COMPLIANCE

WAS NOT ACHIEVED BY THAT DATE. AT THE

HEARING ON AUGUST 30, 2007 THE SPECIAL

MAGISTRATE IMPOSED A DAILY FINE OF

200.00 BEGINNING ON AUGUST 30, 2007.

ANOTHER HEARING WAS HELD ON SEPTEMBER

27, 2007 AND THE SPECIAL MAGISTRATE

IMPOSED THE LIEN.

ADDITIONALLY ANOTHER HEARING WAS HELD

ON

APRIL 24, 2008 AND THE SPECIAL

MAGISTRATE APPROVED A MOTION TO PROCEED

WITH COLLECTION ACTIONS. THIS CASE WAS

THEN APPROVED BY THE BOCC (BOARD OF

COUNTY COMMISSIONERS) FOR LITIGATION ON

AUGUST 20, 2008.

I CANNOT EXPLAIN WHY LITIGATION NEVER

COMMENCED, BUT MY RESEARCH REVEALED

THAT

THE PERMIT FOR THE CORRECTIVE ACTIONS

WAS CLOSED ON MAY 7, 2009, THEREBY

ACHIEVING COMPLIANCE.

THEREFORE THE 200.00 DAILY FINE ACCRUED

FOR 616 DAYS (AUGUST 30, 2007 – MAY 7,

2009) FOR A FINE TOTAL OF $123,000.00.

THE COSTS TO DATE ARE 260.10 AND

CONTINUE TO ACCRUE UNTIL THE LIEN IS

PAID.

I HAVE ATTACHED THE TWO LETTERS THAT

WERE MAILED IN AN ATTEMPT TO RESOLVE

THIS ISSUE WITHOUT LITIGATION.

THE PAYOFF TODAY IS 123,260.10.

THE PROPERTY OWNER CAN RESOLVE THIS

MATTER BY REMITTING A CHECK OR MONEY

ORDER FOR 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. IT IS

THEN YOUR RESPONSIBILITY TO RECORD THE

RELEASE AND SATISFACTION WITH THE CLERK

OF COURTS IN MONROE COUNTY.

AS I STATED IN OUR CONVERSATION, THE

COUNTY WILL REVIEW WRITTEN REQUESTS FOR

REDUCTIONS. THE REQUEST SHOULD INCLUDE

THE EXTENUATING CIRCUMSTANCES TO BE

CONSIDERED. PLEASE HAVE THE PROPERTY

OWNER EMAIL IT, OR MAIL IT TO THE

ADDRESS BELOW.

RECEIVED PC FROM MARYANN WARREN,

REALTOR, ASKING FOR PAYOFF.

123,600.00

SHE IS GONIG TO SPEAK TO PO AND

POSSIBLY

EMAIL ME FOR DETAILS OF CASE.

EMAILED STEVE AND JACLYN THAT THIS CAME

UP.

ALSO ADDED TO MY SPREADSHEET OF BOCC

APPROVALS

ORIGINAL FILE IN COMPLIANT DRAWER

MAILED 14 DAY COLLECTION LTR FROM CA

RESEARCH REVEALS THAT THE PROPERTY WHICH

IS THE MAILING ADDRESS FOR THE PO WAS

FORECLOSED ON AND PURCHASED WITH A

CERTIFICATE OF TITLE BY SK FL 9350 LLC.

THIS LLC DOES NOT APPEAR TO HAVE ANY

CONNECTION WITH THE MONTILLA'S.

CANNOT LOCATE ANY OTHER MAILING ADDRESS.

RECIEVED ORIGINAL FILE BACK FROM KW CA

OFFICE.

MAILED 30-DAY COURTESY LETTER.

200.00 RAN 616 DAYS = 123,200.00 FINES

COSTS TO DATE = 200.00

REVIEWED CASE.

MAILING ADDRESS FOR PO HAS REMAINED THE

SAME AND NO RECORD OF ANY RESPONSE FROM

PO IN FILE EXCEPT THAT

A PERMIT FOR CORRECTIONS WAS ISSUED AND

COMPLETED.

IN COMPLIANCE 6-4(A)(C)

COMPLIANCE DATE WAS : 05/07/09

RESEARCH REVEALS THAT THIS FILE WAS

SENT

TO KW AND COLLECTION ACTIONS WERE

GRANTED 8-20-2008 BY BOCC.

NO LIS PENDENS BY COUNTY FOUND IN

CLERK'S WEB SITE.

ALSO RESEARCH REVEALS PERMIT 08303879

FOR

RAILINGS PASSED FINAL INSPECTION ON

05-07-2009.

EMAILED BRIAN TO CONFIRM PERMIT WAS FOR

THIS CASE - KAT.

KAT PULLED PERMIT SITE PLAN FOR

083-3879

AND RAILINGS ON SITE PLAN MATCH

DISCRIPTION OF VIOLATION ON EGOV

BOCC AUTHORIZED COLLECTION PROCEEDINGS

BOCC GRANTED AUTHORIZATION TO INSTITUTE

COLLECTION PROCEEDINGS

MOVED FORWARD FOR COLLECTIONS

MOTION GRANTED.

COPY OF ORDER MAILED TO PO 1ST CLASS

MAIL

AFFIDAVIT PRINTED BY CORCORAB

MOTION TO AUTHORIZE COLLECTION

PROCEEDINGS AND NOTICE OF HEARING MAILED

TO PO FOR HEARING TO BE HELD ON APRIL

24, 2008.

ORDER FILED MCCO DOC 1674312 BK

2336 PD 221.

ORDER IMPOSING PENALTY/LIEN POSTED AT

SUBJECT PROPERTY AND COURTHOUSE AS WELL

AS MAILED 1ST CLASS MAIL.

REVIEW HEARING HELD.

SM ORDERED THAT THE LIEN BE IMPOSED

NON COMP

AFFIDAVIT PRINTED BY CORCORAB

FINDING OF FACT/ORDER WAS POSTED AT

SUBJECT PROPERTY AND COURTHOUSE AS WELL

AS MAILED 1ST CLASS MAIL.

ADDED FINE ON 6-4(A)(C)

START DATE: 08/30/07 FINE AMT: 200.00

HEARING HELD.

FINES IMPOSED AS OF 08/30/07 IN THE AMT

OF $200.00 PER DAY REVIEW ON 09/27/07

REASSIGNED FM T KERR WHO RETIRED TO

B CORCORAN

SM ORDERED 100.00 COSTS

VIOLATION $100 ADMIN COSTS RES ON FINES

COMP. 08/23/07 HEARING 08/30/07

MAIL ITEM RETURNED TO COUNTY UNCLAIMED,

UNABLE TO FORWARD.

AFFIDAVIT PRINTED BY TDKERR

NOV/NOH WAS POSTED AT SUBJECT PROPERTY

AND COURTHOUSE.

NOV/NOH MAILED CERTIFIED MAIL FOR SM

7/27/2007.

SENT UNSAFE TO DIRECTOR FOR HEARING

REVIEW

PREPARE UNSAFE FOR SM/SENT TO ADMIN

RECEIVED THE UNSAFE MEMO FROM BLDG.

OFFICIAL TODAY. SENDING UNSAFE TO K BASS

TO SEND OUT NOV

UNSAFE - NO RAILINGS ON BACK ELEVATED

DECK.

VIOLATION RECORDED HATTERYL