Monroe County Florida

Code Compliance Details

CODE COMPLIANCE DETAIL
Case Number CE12060047
Case Date 06-08-2012
Origination 5 -REFERRAL Status CLOSED CASE
Operator rodriguj Officer WINDSOR, KATHLEEN
PROPERTY ON CASE
Parcel ID 00484970000101 Owner JOSOWITZ MICHAEL H AND BRENDA
Unit Owner Address 1921 SW 73RD AVE
Property Address 900 LOBSTER LANE City/State/Zip PLANTATION , FL 33317-4929
City/State/Zip KEY LARGO , FL 33037
CASE DESCRIPTION
FLOOD INSPECTION
***
CASE COMPLIANT 12/11/2017
COMPLAINT CODES
1: FLOOD PLAIN MANAGEMENT
2: FLOOD PLAIN MANAGEMENT
VIOLATION CODES
1: 122-4.(b)(1)d - PERMIT CONDITIONS/FLOOD HAZARD
2: 130.74.(a) - ACCESSORY USES/AUTHORIZED USE
NOTES
05-09-2017 09:32:44 am
NOTICE OF APPEARANCE AS ATTORNEY FILED ON 05/09/17 BY:
JAMES S. LUPINO, ESQUIRE
HERSHOFF LUPINO & YAGEL, LLP
KEYS OFFICE
90130 OLD HIGHWAY
TAVERNIER, FLORIDA
(305) 852-8440 – OFFICE
01-04-2018 11:49:09 am
TO-WIT
122-4(B)(1)D - FLOOD PLAIN INSPECTION:
AS PER THE LETTER PROVIDED FROM THE FLOODPLAIN
ADMINISTRATOR DATED JUNE 25, 2012, THE DOWNSTAIRS
ENCLOSURE IS IN VIOLATION OF THE FOLLOWING ITEMS: 1.THE
ENCLOSURE EXCEEDS THE MAXIMUM ALLOWABLE
SIZE
2.THE ENCLOSURE HAS UNPERMITTED WALLS THAT HAVE NOT
BEEN CERTIFIED TO BREAKAWAY AT THE REQUIRED SAFE LOAD
DESIGN OF 10/20 PSF.
3.THE ENCLOSURE IS CONSTRUCTED FOR HABITATION;
(KITCHEN, BEDROOM, APPLIANCES, CLOSETS,
AIR-CONDITIONING, ETC.);
4.THE ENCLOSURE HAS PROHIBITED PARTITIONS (WALLS,
CLOSETS, HALLWAYS AND INDIVIDUAL ROOMS)
5.THE ENCLOSURE HAS PROHIBITED FINISHES, (DRYWALL,
TILE, ETC.);
6.THE ENCLOSURE HAS MORE THAN LIMITED STORAGE,
(REFRIGERATOR, FURNITURE, FURNISHINGS, ETC.); 7.THE
ENCLOSURE MAY NOT BE TEMPERATURE
CONTROLLED;
8.THE ENCLOSURE HAS PROHIBITED PLUMBING (LOCATED BELOW
BASE FLOOD ELEVATION);
9.THE ENCLOSURE HAS PROHIBITED ELECTRIC (LOCATED BELOW
BASE FLOOD ELEVATION);
10.THERE ARE TWO (2) CONDENSING UNIT LOCATED BELOW BASE
FLOOD ELEVATION, AND
11.THERE IS AN UNANCHORED PROPANE TANK.
130-74(A)
THE CONVERSION OF THIS SINGLE FAMILY STRUCTURE AND/OR
USE OF THIS PROPERTY TO A DUPLEX IS NOT ALLOWED
AS-OF-RIGHT IN AN IMPROVED SUBDIVISION (IS) DISTRICT
AND IS PROHIBITED.
INSPECTIONS / EVENTS DETAILS
DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS
03-05-2018 CLOSE CASE EVENT

CLOSED CASE, PASSED FILE TO NICOLE FOR

SCANNING.

03-05-2018 ACTION BY SR CC RES ANALYST

PREPARED LIEN RELEASE FOR SIGNATURE AND

MAILING TO PO AS PER REQUEST OF MR.

JOSOWITZ.

KW

02-21-2018 PAYMENT RECEIVED

CHECK IN THE TOTAL AMOUNT OF 7818.92

REC'D FOR PAYMENT OF FINES AND COSTS PER

SETTLEMENT OFFER ON 02/14/18. RECEIPT

NO. 02000043466.

FINE PAYMENT: 122-4.(B)(1)D

PAYMENT DATE: 02/21/2018

PAYMENT AMOUNT: $3,750.00

COPY OF RECEIPT GIVEN TO SR. RESEARCH

ANALYST BY LIAISON.

FINE PAYMENT: 130.74.(A)

PAYMENT DATE: 02/21/2018

PAYMENT AMOUNT: $3,750.00

LIEN PAYMENT

PAYMENT DATE: 02/21/2018

PAYMENT AMOUNT: $318.92

02-21-2018 COMMENT CODE

FINE SETTLED 130.74.(A)

SETTLE DT: 02/14/18 SETTLE AMT: 3750.00

02-21-2018 COMMENT CODE

FINE SETTLED 122-4.(B)(1)D

SETTLE DT: 02/14/18 SETTLE AMT: 3750.00

02-14-2018 MITIGATION OF FINES OFFER

THE COUNTY WILL ACCEPT, $7,818.92

($7,500.00 FINES AND $318.92 COSTS), AND

PROVIDE A FULL SATISFACTION AND RELEASE

OF LIEN. THIS OFFER IS GOOD FOR 30 DAYS.

KW

01-04-2018 COMMENT CODE

ORIGINAL FILE IN COMPLIANT DRAWER

KW

01-04-2018 LETTER NON-PAYMENT/COMPLIANCE

MAILED FINES AND COSTS 30 DAY LETTER,

AND EMAILED TO STEVE WILLIAMS.

THIS CASE WAS DEEMED COMPLIANT ON

DECEMBER 11, 2017. THEREFORE, THE DAILY

FINE OF $400.00 PER DAY ACCRUED 68 DAYS

(OCTOBER 4, 2017 – DECEMBER 11, 2017)

FOR A FINE TOTAL OF $27,200.00.

PLEASE NOTE, DUE TO THE IMPACT OF

HURRICANE IRMA, THE MONROE COUNTY

BUILDING DEPARTMENT WAS CLOSED FOR

NORMAL BUSINESS ON SEPTEMBER 6, 2017 AND

REGULAR PERMITTING FUNCTIONS COMMENCED

AS FOLLOWS:

• OCTOBER 4, 2017 AT KEY LARGO AND OCEAN

REEF OFFICES

• OCTOBER 16, 2017 AT MARATHON AND STOCK

ISLAND OFFICES.

THEREFORE DAILY FINES HAVE NOT BEEN

ASSESSED DURING THESE PERIODS. THIS WAS

ALSO NOTED TO YOUR COUNSEL, JIM LUPINO,

DURING THIS PERIOD.

TO DATE, COSTS ARE $179.57 AND COSTS

WILL CONTINUE TO ACCRUE UNTIL THE LIEN

IS SATISFIED AND THE CASE IS CLOSED.

THEREFORE, THE CURRENT AMOUNT OF THE

MONROE COUNTY LIEN IS $27,379.57

($27,200.00 FINES AND $179.57 COSTS).

KW

01-04-2018 COMMENT CODE

IN COMPLIANCE 130.74.(A)

COMPLIANCE DATE WAS : 12/11/17

01-04-2018 COMMENT CODE

IN COMPLIANCE 122-4.(B)(1)D

COMPLIANCE DATE WAS : 12/11/17

12-20-2017 REINSPECTION

EMAIL FROM FLOOD, COMPLIANT 12/11/17.

KW

12-01-2017 LETTER NON-PAYMENT/COMPLIANCE

LIEN LETTER MAILED TO PO BY LIAISON VIA

1ST CLASS MAIL ON 12/01/17.

11-30-2017 LIEN ORDER RECORDED MCCO

FINAL ORDER & STIPS FOR MICHAEL H AND

BRENDA JOSOWITZ RECORDED WITH CLERK'S

OFFICE ON 11/30/17. DOC # 2145463 BOOK

2880 PAGES

2484-2494. NP

11-29-2017 REINSPECTION

PERMIT FOR CORRECTIONS 17304216 WAS SENT

TO READY 9/1/17.

ALTHOUGH THIS WAS JUST PRIOR TO

HURRICANE IRMA,

THE PERMIT REMAINS NOT ISSUED.

FOUND NO EMAILS OR MESSAGES FROM LUPINO

OR PO.

VIO REMAINS.

LIEN TO BE FILED AS PER RESOLUTION.

KW

10-02-2017 REINSPECTION

VOID - COUNTY CODE DEPT STILL ASSISGNED

TO OTHER DUTIES DUE TO IRMA

08-24-2017 COMMENT CODE

FINE CHANGED 130.74.(A)

START DATE: 10/02/17

FINE AMT: 200.00

08-24-2017 COMMENT CODE

FINE CHANGED 122-4.(B)(1)D

START DATE: 10/02/17

FINE AMT: 200.00

08-24-2017 STIPULATION AGRMT. SIGNED

RECEIVED SIGNED EXTENSION OF TIME,

SIGNED ON BEHALF OF THE COUNTY AND

EMAILED TO JIM LUPINO.

NEW COMPLIANCE DATE IS 10/02/2017.

ALL OTHER TERMS SAME AS ORIGNIAL STIP.

KW

08-17-2017 ACTION BY SR CC RES ANALYST

EMAIL FROM LUPINO WITH PLANS AMENDED TO

CORRECT SIZE AND DELETING THE PARTITION.

PLANS WILL BE SUBMITTED TO KL OFFICE

MONDAY AND SENT TO MW FOR HER REVIEW.

THEREFORE WILL GRANT 45 DAY EXTENSION.

08-14-2017 ACTION BY SR CC RES ANALYST

IN RESPONSE TO AN EXTENSION REQUEST BY

LUPINO, BECUASE THE PLANS HAVE BEEN

SUBMITTED, REVIEWED THE PLANS AND THE

ATF ENCLOSURE WAS 465 SF, NOT THE 399 WE

AGREED TO, AND IT WAS DRAWN ON THE PLANS

AS DIVIDED WITH A PARTION.

SW EMAILED MR. LUPINO THAT GIVEN THESE

DISCREPENCIES WITH WHAT WE AGREED TO, NO

EXTENSION WOULD BE GRANTED.

KW

06-29-2017 ACTION BY LIAISON

COPY OF FINAL ORDER & STIP MAILED TO PO

AND COPY TO ATTY JAMES LUPINO VIA 1ST

CLASS US MAIL ON 06/29/17.

06-29-2017 COMMENT CODE

ADDED FINE ON 130.74.(A)

START DATE: 08/19/17

FINE AMT: 200.00

06-29-2017 COMMENT CODE

ADDED FINE ON 122-4.(B)(1)D

START DATE: 08/19/17

FINE AMT: 200.00

06-29-2017 ORDER RECORDED

STIPULATION TO CODE VIOLATION AND FOR

TIME TO COMPLY FOR FIRST TIME OFFENSES

SIGNED BY MICHAEL H. JOSOWITZ AND BRENDA

JOSOWITZ ON 06/07/17. COSTS IMPOSED

UNTIL COMPLIANT AND CASE IS CLOSED AND

FINES IN THE AMOUNT OF $200.00 FOR THE

CHARGE OF 122-4.(B)(1)D AND 130.74.(A)

PER COUNT PER DAY IF NOT COMPLIANT BY

08/18/17. NO REVIEW HEARING SET AT THIS

TIME. THE SM APPROVED THE STIP AGREE AND

ADDED IT TO THE FINAL ORDER.

NOTE: NO ONE PRESENT AT HEARING.

06-29-2017 SET FOR HEARING

06-28-2017 PERMIT APPLICATION REVIEW

17304216 - DEMO FEMA COMPLIANCE.

ENTERED PLAN REVIEW:

**THIS PERMIT APPLICATION IS TO SATISFY

CODE CASE CE1206047 FOR VIOLATIONS AS A

RESULT OF A FLOOD INSURANCE INSPECTION.

FINAL INSPECTIONS REQUIRED. COMPLIANCE

WILL BE ACHIEVED WITH PERMIT ISSUANCE,

COMPLETION OF ALL WORK, ALL REQUIRED

INSPECTIONS HAVE PASSED AND FLOOD

INSURANCE INSPECTION IS CLOSED BY

FLOODPLAIN DEPT.

PROPERTY OWNER TO CONTACT INSPECTOR

WINDSOR UPON COMPLETION OF ALL REQUIRED

INSPECTIONS AND PERMIT

IS CLOSED. KWINDSOR***

06-20-2017 PAYMENT RECEIVED

COSTS PAYMENT

PAYMENT DATE: 06/20/2017

PAYMENT AMOUNT: $282.66 (RECEIPT NO.

02000040136)

COSTS PAID TO DATE. COSTS WILL CONTINUE

TO ACCRUE UNTIL CASE IS COMPLIANT AND

CLOSED.

06-07-2017 STIPULATION AGRMT. SIGNED

RECEIVED EXECUTED STIPULATION FROM JIM

LUPINO, EXECUTED ON BEHALF OF THE COUNTY

AND PROVIDED VIA EMAIL A COPY.

NEW COMPLIANCE DATE IS AUGUST 18, 2017

122-4(B)(1)S - 200.00 PER DAY

130-74(A) - 200.00 PER DAY

KW

06-05-2017 ACTION BY SR CC RES ANALYST

EMAILED REVISED STIPULATION AGREEMENT TO

JIM LUPINO PER HIS REQUEST.

KW

05-25-2017 CASE CONTINUED NO ACTION

CASE READ INTO RECORD AS CONTINUED TO

06/29/17.

05-25-2017 NOTICE OF HEARING

05/25/2017 HEARING SCHEDULED WINDSORK

05-25-2017 SET FOR HEARING

WILL BE CONTINUED TO 06/29/17.

05-25-2017 INSPECTORS HEARING NOTES

CONTINUANCE APPROVED TO 6-29-17. CJM

05-09-2017 REMINDER NOTICE OF HRG SENT

REMINDER NOTICE OF HEARING FOR 06/29/17

WAS MAILED TO PO VIA 1ST CLASS US MAIL

AND EMAILED TO ATTY JAMES LUPINO AT

JLUPINO@HLYLAW.COM AND COPY TO

MVANHEUSEN@HLYLAW.COM BY LIAISON ON

05/09/17.

05-09-2017 COMMENT CODE

COUNTY ATTORNEY APPROVED REQUEST FOR

CONTINAUNCE TO 06/29/17 SM HEARING. ATTY

JIM LUPINO WAS INFORMED VIA EMAIL BY

LIAISON.

05-09-2017 COMMENT CODE

NOTICE OF APPEARANCE AS ATTY FILED BY

JAMES S. LUPINO, ESQ VIA EMAIL ON

05/09/17.

05-08-2017 ACTION BY SR CC RES ANALYST

KAT AND SW HAD PHONE CONFERENCE W/ JIM

LUPINO. ANSWERED SOME QUESTIONS

REGARDING STORAGE AREA THAT CAN REMAIN

AND CONDENSER FOR UPPER LIVING AREA.

EMAILED CONTINUANCE REQUEST TO JIM.

BOTH KW AND SW WILL NOT BE HERE FOR

5-25-17 SM.

05-08-2017 CASE CONTINUED NO ACTION

CONTINUANCE REQUEST GRANTED

KW

05-08-2017 COMMENT CODE

REQUEST FOR CONTINUANCE REC'D VIA EMAIL

FROM ATTY JAMES LUPINO VIA EMAIL ON

05/08/17.

05-03-2017 ACTION BY SR CC RES ANALYST

EMAILED CONTINUANCE REQUEST FORM TO PO.

KW

05-02-2017 ACTION BY SR CC RES ANALYST

PC FROM BRENDA JOSOWITZ. THEY ARE NOT

GOING TO SIGN THE STIPULATION AND

REQUESTED A CONTINUANCE REQUEST.

ANSWERED SEVERAL QUESTIONS REGARDING THE

CORRECTIVE ACTIONS AND ENCOURAGED HER TO

SPEAK TO MW, WHO WAS OUT LAST WEEK, BUT

THEY DID SPEAK WITH JEN.

KW

04-25-2017 ACTION BY SR CC RES ANALYST

EMAILED STIPULATION AGREEMENT W/

COMPLIANCE DATE OF 7/20/17 AS PER STEVES

AGREEMENT WITH JIM LUPINO FOR 90 DAYS

PER HIS EMIAL 4/20/17.

04-20-2017 ACTION BY SR CC RES ANALYST

JIM LUPINO CALLED SW, DISCUSSION OF

STIPULATION ENSUED. KW.

04-17-2017 SENT TO LIAISON

PREPARED INSPECTOR'S COPY OF FILE AND

PASSED ORIGINAL TO NICOLE FOR SM

5-25-2017

04-10-2017 GOOD SERVICE ON CERT MAIL ITEM

RETURN RECEIPT WAS SIGNED ON 4-10-17 AND

RETURNED TO THE COUNTY.

7015 1520 0003 0398 5711

KW

04-07-2017 NOTICE OF VIOLATION/HEARING

PREPARED NOV/NOH FOR SM 5-25-2017.

MAILED CERT MAIL

7015 1520 0003 0398 5711

04-07-2017 ACTIVITY BY SR DIRECTOR

NOV/NOH REVIEWED AND APPROVED. CASE FILE

RETURNED TO INSPECTOR. CJM

04-06-2017 NOTICE OF VIOLATION

NOTICE OF VIO. RECORDED WINDSORK

04-06-2017 MAKE VIOLATION

MAKEVIO RECORDED WINDSORK

04-06-2017 REINSPECTION

NO PERMIT APPLICATION FOR DEMO HAS BEEN

SUBMITTED TO COUNTY.

I HAVE HEARD NOTHING.

MARY WINGATE HAS HEARD NOTHING

STEVE WILLIAMS HAS HEARD NOTHING.

IT HAS BEEN 9 MONTHS SINCE MARY SENT

LETTER AND

7 MONTHS SINCE STEVE SPOKE WITH LUPINO.

MOVING FORWARD.

09-02-2016 COMMENT CODE

FILE IN KATS SHORT CABINET

09-02-2016 ACTION BY SR CC RES ANALYST

SCANNED MARY WINGATE FILE AND EMAILED TO

JACLYN AND SW FOR JIM LUPINO.

09-02-2016 CHANGE OF OWNERSHIP

UPDATED NEW OWNER INFORMATION IN SYSTEM

AS PER PRC.

09-01-2016 ACTION BY SR CC RES ANALYST

SW MET W/ JIM LUPINO. THE PO IS

ADDRESSING THE ISSUES AND RESEARCHING

THE PERMITTING HISTORY, WORKING TOWARD

RESOLVING THE ISSUES.

04-04-2013 CLOSE CASE EVENT

04-04-2013 CLOSE CASE EVENT

04-04-2013 CLOSE CASE EVENT

04-04-2013 SENT FILE TO COUNTY ATTY

CLOSED IN ERROR

06-11-2012 FEMA SUBMIT TO RATE

MEASUREMENTS AND PHOTOS TAKEN. FORWARDED

TO MARY WINGATE ON 06/12/2012

06-08-2012 CREATE A CASE

COMPLAINT RECORDED BY RODRIGUJ