Unveiling Code Compliance Bias: My Case Journey

I purchased my home in March of 2010 with plans to move to the keys. The company where I worked, Siemens, was in the process of laying off employees to facilitate a sale to Cerner health services. I fully expected to be laid off from my job. I was going to sell my house in PA and move to Big Pine Key! As was my luck I made the cut and was not laid off. I did not realize the code policies in Monroe County. Boy did I find out real quick! During the month of May 2010, I decided to rebuild the attached deck to my house. I went ahead and removed the existing deck and replaced it without pulling a permit. I attended Williamson Trade school and had built multiple decks on other homes I have owned. So anyway, I built the deck and went back to PA. I came back in October for a two-week visit. As I was walking out the door to go back to PA a code compliance officer showed up questioning the deck. I knew right then and there were big problems in my future. Long story short. I had to apply for an after the fact permit ($750), pay for an engineered drawing ($1500) and make some minor changes. Lucky for me most were superficial I had to add more hurricane straps to the footings and joists. Due to setbacks I also had to move the steps into the deck about 2 feet. At least I didn’t have to tear the deck completely down and start over. Ever since then I have had an abnormal fear of working without permits. Hence, I have done nothing else to improve my home since except for some caulk and paint My neighbor purchased his house in July of 2010. Before he could go to settlement the current owner was in hot water with code compliance for renting out an illegal downstairs apartment apparently for the last 3 years. They county made him remove and plug up a illegal bathroom that he had installed in the downstairs living space/apartment. He had accumulated daily fines over $90,000. Monroe county code compliance settled for $27,500 and agreed to close the case so he could sell the property to my current neighbor. Once I knew I would not be unemployed anytime soon and not wanting to leave my current job I knew I wanted to become a dual homeowner and eventually move to the keys. I had always had plans to someday rebuild my home from the day I had purchased the property. I was just a young 39 and had many working years left in me and was in no rush to rebuild. It was and still is a good, sturdy typical basic 2 bed one bath conch home built in 1967

Since I was full time employed in PA. I was only able to enjoy my keys property for about 2 months of every year. I have never taken a vacation or went anywhere else since I purchased my house in Big Pine. Why would I go anywhere else, having fun in the sun is what it is all about for me. After a bad experience trying to rent out my house when I first purchased it. I decided to just let it be a vacant second home. I let friends and family come and visit my house. Eventually with my mortgage and insurance rising, I decided rented out a room to friend from New Jersey who had been living and working in the keys since 2001.Thjis way I could still come and go when I could get down to the keys and still have a place of my own. My friend eventually pissed off my adjacent neighbor who would call and let me know what he doing to ruin the neighborhood. My neighbor did have some legitimate complaints; Eventually I had to ask my friend to move out to keep the peace and lack of rent money too. I kept the house empty for a while but eventually worried about it being vacant. I let my friend Chad move in to make sure everything was good and report any problems. Things were just peachy with my neighbors, and I got along great always on friendly speaking terms. Along came hurricane Irma and that was the beginning of the end of my neighbor speaking to me.

A little background on the neighbor who reported me to code compliance. We used to be on great terms with each other. I have attended many holiday parties at his home with lots of neighbors and his former girlfriend/significant other. He has taken me and my cousin out on his boat to retrieve stone crab claws. We used to be good neighbors/friends. Now because I have yet to rebuild my house he no longer likes or talks to me. Yes, we have had words and yes it takes two to tango but get mad because I was taking my time to rebuild my house on my terms and now, I am the asshole.

After hurricane Irma my friend Chad who was still living in the house went up and tarped the roof as best he could to stop rain from coming into the house. I waited two weeks to come to my house. I was waiting for the electric to be restored as I like Air conditioning. Upon arrival I found the roof partially torn off and the soffit was damaged. My other adjacent neighbor’s tree had fallen on my roof and knocked a ventilation turbine off leaving a gaping hole that let water into my house. Most of my belongings inside the home had gotten wet from the storm. Mildew was setting in to anything with fabric.

I threw out all my furniture and clothes and removed two damaged cabinets. The master bedroom had no damage and to this day still has the same ceiling, flooring and paneling as when I purchased it. The small bedroom where the turbine was knocked off had significant water damage to the ceiling. Many areas of the home had missing damaged fiber ceiling panels. I ended tearing out my snap together flooring and fiber ceiling panels and replacing them. I was able to piece together the existing soffit to keep out the mosquitos.

I went up on the roof and one half on my roof on the front side had peeled back exposing bare plywood. I cut away the damaged area squared up the exposed area and applied self-adhesive ice and water shield directly to the plywood over lapping onto the existing roof.

Finally, after a few weeks of work everything was buttoned up. Chad was happy the AC was working and the house was fully functional again. I went back to NJ where I was now living full time. I came back in January and finished the cosmetic repairs, and a fresh coat of interior paint brought the house back to a sense of normalcy. I purchased new beds and furniture too. I did not want to do much as I intended to rebuild the home at some point in time. I really wanted to do as much of it as possible myself. I had planned on a partially built modular home. I planned to do the exterior siding, decks, the interior flooring, cabinets and painting myself. Obviously, the electrical, plumbing and HVAC would be subbed out to local contractors.

I settled with the insurance company but that was nowhere near what it costs to rebuild my home. When I purchased the house, I put 80k down and was carrying a 111k mortgage. At the time I was only required to carry enough coverage to pay off my mortgage. Due to the prohibitive cost of insurance at the time I had maximum coverage for 111k and 12 k for other structures. With the insurance money I tried to start the rebuilding process but as it was not enough to cover the cost of rebuilding and the red tape involved, I decided to pay off the mortgage. I would rebuild it in the future. I went back to NJ to get on with my life.Chad continued to live in my house and keep me updated on what’s happening in the neighborhood. Life goes on all is good.

In 2017 My employer, Cerner Health offered many employees a buyout. I took the buyout and was officially unemployed. I sold my former home in PA. I took time off to live a little enjoy life on my terms I also spent a lot of time and money fixing up my primary NJ home. I also purchased another property in woodbine NJ. It was a great deal too good to pass up. I was renting the woodbine house. I decided that it was time to get back to the grind and get real job again. Given the choice of where to live of course I chose to move to big Pine Key for year round fun in the sun versus 4 months at the jersey shore. I moved to Big Pine in the summer of 2019. I soon found a good job working as a ranger at Bahia Honda State Park. I started there in September of 2019 and worked there till September of 2023.

My neighbor just could not stand the fact I had yet to rebuild my home. He considers it a mobile home even though it sits on a foundation of concrete piers. Let alone the fact mobile homes were never allowed in Eden Pines. He decided to send a letter in to code compliance to complain about my roof repair and my house still on septic system. He is trying to say my house should be torn down. The same one that has been standing since 1967. I received a code compliance complaint from Stan Anders telling me I have 3 violations to correct. clean up the yard, hook up to the new sewer system and replace the roof I make a few dump runs and sign a contract for $3800 with tropical underground to hook up my sewer

Replacing my roof should be of my choosing, my repaired roof that has yet to leak a drop of water into my house. My roof that is still 65 percent original pre-Irma roofing still attached.

I feel I am being unjustly persecuted because my neighbor complained. I go around Eden Pines and find not one not two, but three roofs covered with blue tarps. I bring this to the attention of code compliance. I don’t supply names and addresses because I believe what you do with and on your property is your business!! I ask through multiple emails to cover my roof with a tarp instead of replacing the roof. I Go to the special magistrate hearing I basically told to pound sand. You must replace your roof. My roof repair is holding up great probably last for at least 5 years plenty of time to get the funds to rebuild as I want to do it.

At this point I am basically screwed! Replace your roof or get a daily fine. Broken hearted and down and out I decided to replace my roof. As it is a conch house with a pitch of 1/12 at the overhang you can’t do metal. You need to do a hot tar torch down or a underlayment and stick down with mineral granular coating. Very close to what’s covering my roof now minus the mineral coating. I go and look up the current code exact specifications of what’s allowed to be used. I pick out my products and gather up my specifications sheets to submit for the permit. I then proceed to type up a exactly how I intend to do the job. Any existing plywood that I will need to replace how I will replace it with what fasteners and where they will be located. I do the same for the self-adhering underlayment and cap sheet and all the required flashing. I go to the building department in the government center in marathon. I try to get help with pulling a permit. The clerk told me I will need to speak with Scott. Scott will not even entertain looking at any of my information. He proceeds to tell me I need to have engineered wind load calculations done for my roof. They will need to be submitted to do the roof. I’m like you are kidding me this roof is from 1967 I’m replacing the covering not the structural part of the roof. Yea I may need to replace some plywood sheets here and there but in general I’m just replacing the covering over the wood. So I leave and call Weiler engineering and ask about getting wind load calculations for my roof. They sent me a proposal to develop wind load calculations at a cost of $190 an hour. Since I don’t have the original plans for my house. I will now need a engineered drawing of my existing roof rafters. I’m starting to realize its going to cost me thousands of dollars to come up with the “required” wind load calculations. At this point I am fully frustrated and give up trying to do the roof myself with all the additional costs I figure I would leave it to a roof contractor. It will save not only my time and labor but me unnecessary mental frustration dealing with the Monroe County building department. I contacted 3 roofing companies for estimates. One is not interested the other does not call me back. The third company Bob Hilson comes out and gives me a estimate for $14182 and additional $2925 for soffit replacement. After realizing the costs to replace the roof I decided to throw in the towel and rebuild my house. After checking into the code to see what is all entailed in the rebuilding process, I discover First off to rebuild the house I will need a demolition permit. To get the permit I will need a survey done of the property. I contacted Reese surveying to do the survey. I agree to their cost of $750. They tell me I will be put on the schedule, and they will contact me when they expect to come out to the property to do the survey. I spoke with the bank about financing to make sure everything would work out. At the time I owned two properties in NJ. I immediately decided put one up sale. Since I outright owned the home so I could use 100% the proceeds from that sale as a down payment on the new construction loan. I told the bank if needed I would also sell my other home in NJ. So now with financing in place I contacted a few modular home builders. I decided I wanted to purchase a home from Southern Structures for a build price of $206,000. That did not include foundation or delivery/install costs. This was going to cost me at least 425,000 from start to finish. I was okay with that as construction material and labor costs were high at this point. A sheet of ¾ inch plywood was $90. I sent an email to Stan Anders on May 13th and explained that I want to rebuild my house as it will be more cost effective in the long run. I ask what I need to do to not incur fines and costs. I receive an automatic reply stating he no longer works for Monroe County. I then proceeded to contact Cynthia Mcpherson and send her the same email I sent to Stan Anders. She replies and says she will be the inspector of record. I was under the impression the length of time to rebuild was not a factor. I was busy working out the details with demo contractors and foundation costs and travelling back to NJ to clean out my woodbine house and list it for sale. Due to my misunderstanding, I was under the impression permits had a 24-month period to close. I did not realize I only had 90 days from opening a demo permit till it must be closed. I planned to live in the house as long as possible as In addition to my personal belonging, my boat and quite often myself I also had two people that lived full time at the house.

Reese sent me the completed survey on June 7th. I then received an email from Cynthia on June 8th stating she did not receive the signed compliance form and would need it returned by June 14th. I had questions as to why I would not be given more time to comply. I was now aware that I would have to tear the house down by august 31st. If I signed the document, she sent to me. I went into full panic mode at this point as I didn’t want to be homeless for at least 14 months while waiting for a new house to be delivered. I felt I had no choice but to replace the existing roof. I had signed and paid in full contract with 2 weeks. I sent Cynthia an email on 6/21/22 stating the fact that since I could not be homeless for 12 plus months she is forcing me to install a new roof. Long story short the roof was completed and reported to the county building department on July 28th. All in all, besides the countless hours of research and calls in preparation to rebuild my home. I also spent 22,638.75 to repair and replace my roof. I spent $750 on a survey. I now live in a house with a nice new roof and soffit with a 5 year warranty. My neighbor is still upset that I did not rebuild my house.

I have included my full public records request showing my case file from start to finish you can find the downloadable PDF link in the upper right hand corner of the website header CE21040101

below are a few the actual email exchanges between myself and Cynthia Mcpherson. This whole situation makes me feel like a number, no respect or empathy towards my feelings or situation. As you can see from the last reply I received on 6/22/22 not a peep nor an answer about my questions or concerns. Even after She knew I had a signed contract to replace my roof Just a stern reply

Mr. Henry,

“Your email has been received and will be placed in the file. Your compliance date pursuant to the Final Order by the Special Magistrate was May 23, 2022. An Enlargement of Time to Comply was drafted and forwarded for review and signature on May 14, 2022, to avoid the accrual of fines and placement of a lien for noncompliance. The document was not signed or returned with unwillingness to do so per your email on June 14, 2022, To review, compliance will be achieved when the permit is closed”.

In conclusion, even though I did not sign your rights restricting paper I still brought my home into compliance before august 31st shouldn’t that count for something? I lost all hope I fully expect Code Compliance to force me to pay this unjust fine to avoid foreclosure. Since the roof was completed and reported to the county on July 28 why didn’t the fine stop at that date. It’s not my fault the county did the physical inspection on 8/5/22 and took till August 10th to record final inspection. Can we at least get those days removed and what about the weekend code compliance doesn’t work on weekends can we get those days removed too. The permit was passed by code compliance on 6/26 signed by Cynthia McPherson, so she knew then I was surely going to replace my roof. It was passed for building structural/roof by Scott Ackers on 7/13/22. He told me that wind load calculations were required. I could not find any reference to required wind load calculations in the permit. I was told they were required if I wanted to replace the roof. Why was I originally told they were required? I wanted to have a copy for future reference if another hurricane does damage to my roof. I was under the impression that it was part of cost to replace the roof and part of the reason it was 15,600 for a 1200 sq ft roof.

CE21040101

Inbox

wannabe conch <wannabeconch@gmail.com>

May 13, 2022, 10:30 PM

to Mcpherson-Cynthia

I tried to send this to Stan Anders but got back an automatic reply that he no longer works for the county. Since you are in charge of code compliance I figured I would contact you to find out who now has my case file.

This is in reference to case # CE210401101.

After calling two dozen roof contractors and two getting back to me with estimates. I have determined that with all the costs needed to repair my house and roof I will soon exceed the 50% rule. The lowest bid was from Bob Hilson for 15k for an 1100 square foot roof that does not include any engineering wind load costs or plywood replacement which will then add at least 10k to the original 15k estimate . I also need to replace the deck and other assorted repairs. Anyway, I am not going to throw good money after bad. I have decided to demo and rebuild a new modular home. I would really like a concrete home but that's gonna be north of 500K so I will go with a modular and hopefully keep it under 400k

I have contacted the original survey company to come do a survey on my property. Reese surveying on Big pine key is set to come out on may 18th to survey the property. I have paid them $750 to do the survey. I will need this survey to submit with the demo permit. I will tear off my temporary repair that still does not leak and cover my roof with a tarp if that is what it takes to avoid a fine until I can submit for the demo permit.

I am also travelling back to NJ may 20th to 24th. I outright own two houses in NJ one at 708 Longfellow Rd in Woodbine NJ is going up for sale on may 20th when i sign the paperwork. I will be using Debbie tweed from monihan realty in Ocean City NJ to sell the home. I plan to use all the proceeds as a down payment on a modular or to contribute to use for site prep and /or building costs. The other house is at 557 pine place Marmora, NJ I will be using it as collateral to secure the new construction loan. I have spoken to the bank and they are ready and willing to loan me the money. As luck would have it I am able to live at Bahia Honda state park in an employee owned trailer while the new house is being built.

I will file for the demo permit when I return from NJ on the 24th or as soon as I get the survey from Reese and Co. The secretary said it should be ready within a week of the survey being done on May 18th. I have done a site plan and know my setbacks. I have an area 45 feet wide by 55 feet long to work with according to my own site plan based on a 60 by 100ft lot

I will be contacting Eddie from discount rock and sand for a demo price once I get the permit. I have been working with a few modular home companies to determine the cost of a new home. So far it's looking like I will most likely go with southern structures to build a new modular home. The one I want is 206k plus delivery costs and site preparation. They told me even if I put the deposit down today I am still 18 months out till the house can be delivered. I will need time to demo and to have the engineering and concrete piers designed and constructed anyway.

I also know the county won't issue a building permit until I close the demo permit. I am sure this is going to be a process to build a new home but I don't want to spend money to repair it only to have the county tell me I need to tear it down because I have exceeded the 50% rule.

Please let me know what I need to do or who to contact to avoid a daily fine and or hire a lawyer to litigate this case. If I have to tear off the temporary repair and tarp my roof I will do that if needed to avoid the fine for not properly permitting my temporary roof repair..Possibly you can give me a few more weeks to file for the demo permit. I will file for the demo permit before june 15th as long as reese surveying keeps their may18th date which i set up over a month ago.

thanks again

Bob Henry

McPherson-Cynthia <McPherson-Cynthia@monroecounty-fl.gov>

May 14, 2022, 1:36 PM

to me

Mr. Henry,

I am in receipt of your email. I will be your inspector of record now that Inspector Anders has left. I understand your circumstances. I have attached an Enlargement of Time to Comply with a new compliance date of August 31, 2022. Please be reminded you will be in compliance once the demo permit is closed. The length of time to rebuild is not a factor.

Please review the document. If you have questions, please contact me. If you are in agreement, your signature must be notarized. You may scan the entire document back to me to begin the approval process. The original document must be mailed by first class mail to the address below.

Thank you.

Cynthia

Cynthia J. McPherson, CFM

Sr. Director, Code Compliance

Monroe County Code Compliance

2798 Overseas Hwy #330

Marathon, FL 33050

(305) 289-2508

McPherson-Cynthia@monroecounty-fl.gov

HELP US TO HELP YOU!

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 email communication may be subject to public disclosure.

From: wannabe conch <wannabeconch@gmail.com>
Sent: Friday, May 13, 2022 10:31 PM
To: McPherson-Cynthia <McPherson-Cynthia@MonroeCounty-FL.Gov>
Subject: CE21040101

...

‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

CAUTION: This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting.

One attachment • Scanned by Gmail

McPherson-Cynthia <McPherson-Cynthia@monroecounty-fl.gov>

Jun 8, 2022, 3:01 PM

to Petrick-Nicole, me

Mr. Henry,

Please see below.

Thanks.

Cynthia

Cynthia J. McPherson, CFM

Sr. Director, Code Compliance

Monroe County Code Compliance

2798 Overseas Hwy #330

Marathon, FL 33050

(305) 289-2508

McPherson-Cynthia@monroecounty-fl.gov

HELP US TO HELP YOU!

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 email communication may be subject to public disclosure.

From: McPherson-Cynthia
Sent: Wednesday, June 8, 2022 3:00 PM
To: McPherson-Cynthia <McPherson-Cynthia@MonroeCounty-FL.Gov>
Cc: Petrick-Nicole <Petrick-Nicole@monroecounty-fl.gov>
Subject: RE: CE21040101

Mr. Henry,

To date, the County has not received a signed and notarized Enlargement of Time to Comply sent to you on 5-14-22. Your original compliance date, May 23, 2022, has come and gone. Without this signed document extending your compliance period to August 31, 2022, the County will have to place a lien on your property for noncompliance.

Please return the signed/notarized document by Wednesday, June 15, 2022. If you have questions, please let me know.

Thank you.

Cynthia

Cynthia J. McPherson, CFM

Sr. Director, Code Compliance

Monroe County Code Compliance

2798 Overseas Hwy #330

Marathon, FL 33050

(305) 289-2508

McPherson-Cynthia@monroecounty-fl.gov

HELP US TO HELP YOU!

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 email communication may be subject to public disclosure.

One attachment • Scanned by Gmail

wannabe conch <wannabeconch@gmail.com>

Jun 14, 2022, 11:13 PM

to McPherson-Cynthia

I received your email request to sign the agreement to enlarge compliance date. The fact that it restricts most of my rights as the respondent and limits the appeal process I will not be willing to sign the documents as it was sent to me for my signature. I do not want to be held to the 8/31/2022 demo date,that is a very short timeline set by the county that I find impossible to meet. You already know what I want to do with the property. It is going to take more than 75 days to get a new house built. Per our last email exchange, you would like me to open and close a demo permit by 8/31/22 to bring my case into compliance.

This started because of a temporary repair to my roof reported by my former friend and neighbor Bruce Donelly. Bruce would like nothing more than for me to build a new home. He can't stand my house and has said so on many occasions to myself and my guests. He has repeatedly reported me to code compliance to no avail. Supposedly the county has legal authority to tell me I have to replace my roof. I am doing my best not to consult an attorney but I feel like I am being put into a corner. I own the lot and house outright without mortgage or liens. I just want to build a new home! I need some time to weigh my options with builders and modular home companies. This is a very large expenditure for me and decisions that I will have to live with for the rest of my life.

Since I want to rebuild versus replacing the roof you want the house torn down ASAP. I will not tear down a perfectly sound, liveable, in need of some TLC house that has been there since 1967. I live in the home along with a friend from NJ. I have had full time occupants in my house since two years before Irma. As soon as I was allowed back into the keys the house was reoccupied.

I don't want to start the demo process until I have a signed contract on a new home. that is at least 2 or 3 months with the current backlog for factory built homes. It will be another 12 to 18 months to have a modular home built and delivered, I will also need to sell my woodbine, NJ house to be able to help finance the new home. Hopefully that happens when I am in NJ later this month.. Once I have a signed contract on the home from the factory and the associated builder to complete the project I will file for the demo permit

The original violation is for a temporary repair to my roof that was completed shortly after hurricane Irma, Even though I have had no problem with my roof leaking since the temporary repair was done, I will be removing the temporary repair and covering the area with a blue tarp. Just like I did after Irma, as soon as I saw the rolled composite roofing was torn off by the hurricane force wind.

The violation was for the temporary repair done without a permit. Removing the temporary repair will then remove the violation will it not? Irma/Act of God removed the original roof

I built a new deck on this house when I first moved here without getting a permit. The county took me to court and I had two choices: get an engineered drawing, build the deck to the specs and file an ATF permit . Choice # 2 was to remove the deck and the case would be closed. I chose #1, spent about $5000 and kept the deck. This is exactly why I did no permanent repairs on my home after Irma!!

Following this logic but against my better judgement I am choosing choice 2 (remove the temporary repair) not by choice but it's better than a daily fine. I am sure my neighbors are going to hate my Blue Tarp as will I but you leave me little choice. I will have the tarp on by Sunday June 19th. let me know when you want to inspect the temporary repair removal so i can meet an inspector there to remove the tarp so they can inspect my bare plywood roof

I If you are going to force the situation with a full roof replacement, then I will get a signed contract to replace my roof by august 31st. from experience dealing with roofing companies I don't think the contractor will be able to get it done before 8/31/2022. I just recieved my site survey from Reese on June 8th that took almost two months. If I am forced to spend north of 20K to put on a new roof then I will have Hammerhead tent the home for termites and continue to live in my house, slightly unhappy but the case will be closed. Hopefully in 10 or so years I will start the rebuilding process. I am sure my neighbors won't mind a bit with the old school TLC pink house next door.

If you choose to fine me daily then I will have no choice but to hire a lawyer and spend my money as a Monroe County taxpayer and every other County taxpayer's money going to court to fight for my right to live in my home as it is till I can rebuild. The ball is in your court so to speak. Let me know if I am getting a daily fine and need to hire a lawyer or as I would expect removing the violating temporary repair will remove the violation and thus close the case so I can continue the new home building process.

Respectfully Frustrated

Bob Henry

McPherson-Cynthia <McPherson-Cynthia@monroecounty-fl.gov>

Jun 15, 2022, 10:40 AM

to Dugan-Kelly, Petrick-Nicole, me

Mr. Henry,

I am in receipt of your email and have reviewed the case. The Notice of Violation/Hearing noted three charges (code sections) allegedly in violation as indicated below. Code sections 20-51 (a) and 21-20 (a) were compliant prior to hearing leaving the one charge of 110-140(a). The charge was found in violation and a compliance date was given of May 23, 2022.

110-140.(a) Permits Required – Roof Repair

20-51 (a) Mandatory Wastewater Connection

21-20(a) Premises to be Cleaned

On May 14, 2022, prior to the compliance date, I receivevd an email from you indicating your decision to demolish the structure. That would not be accomplished prior to the compliance ordered on May 23, 2022. An enlargement to the compliacnce date was dicsussed in order to facilitate the demolition without fines accruing. A draft was sent to you for your review. The document was not returned which was for the reason for my most recent email to you.

I understand the timing and/or circumstances may have changed. Removing the repair, temporary or permanent, does not resolve the issue. Typically, I would offer to change the Enlargement of Time to Comply date to another date (within reason) so that would allow time for the demolition of the stucture. However, you have indicated the unwillingness to sign such a document. As a reminder, the decision of demolition in lieu of repairing would resolve the code case with a closed permit. The actual rebuilding of a new structure does not factor in to compliance. The County will continue its process for noncompliance.

Thank you.

Cynthia

Cynthia J. McPherson, CFM

Sr. Director, Code Compliance

Monroe County Code Compliance

2798 Overseas Hwy #330

Marathon, FL 33050

(305) 289-2508

McPherson-Cynthia@monroecounty-fl.gov

HELP US TO HELP YOU!

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 email communication may be subject to public disclosure.

From: wannabe conch <wannabeconch@gmail.com>
Sent: Tuesday, June 14, 2022 11:13 PM
To: McPherson-Cynthia <McPherson-Cynthia@MonroeCounty-FL.Gov>
Subject: Re: FW: CE21040101

CAUTION

wannabe conch <wannabeconch@gmail.com>

Jun 15, 2022, 1:08 PM

to McPherson-Cynthia

If you check the county records you will see that I have resolved the other two non compliance issues. my sewer was connected and my premises were cleaned up.. this was noted at the formal hearing i had with stan anders.. you see the sewer permit was opened and closed. my sewer line is installed. that fixed that violation. I cleaned up the property and former county code compliance employee, Stan Anders came by and checked it and said it was in compliance at the hearing..that cleared up that violation. The only issue left is a roof repair that I am removing so what is the violation? if I removed the unpermitted repair please specify what is the violation? I had an unpermitted deck and was told by Rhonda the Monroe code compliance inspector if I removed the violating deck the case would be closed.. following that same logic I have an unpermitted roof repair and will remove it by sunday june 19th why then will this not remove the violation? What is my actual violation? now two of the 3 violations have been fixed. county records show they were completed.. So I ask again when the temporary unpermitted roof repair is completely removed, what is the violation? it can no longer be an unpermitted roof repair because it's not there any more. What am I in violation of now?

Are you telling me that I can't have a blue tarp covering my roof?

There are 4 houses just in my local neighborhood with blue tarp roofs. I looked them up tby tax records to get names and info and see that none of them have special magistrate cases lodged against them.. logically you are now telling me that a blue tarp on my roof is a violation. Is that not correct?

Because you have stated " Removing the repair, temporary or permanent, does not resolve the issue" .Please tell me what is the "issue" now since there is no longer a temporary repair? How is it not resolved? if it's the blue tarped roof? Then by logic all tarped roofs should have a code case against them. If that's the case I will start making notes of all the tarped roofs and report them as code violations. After june 19th, that's what will cover my roof. I am not sure how that's a violation. Do I need a permit to put on a blue tarp on my leaky roof?

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Once again, what is my violation? Please be specific because the "110-140.(a) Permits Required – Roof Repair" will no longer be on my house; it will be removed and at the cudjoe key dump. I will happily provide the dump receipt and meet you on site to show the temporary repair was removed

So I ask for WHAT IS THE VIOLATION. Please explain and cite the actual violation. Obviously it can no longer be an unpermitted roof repair. it just does not make any sense to me. What am I violating now?

Is the county telling me they have the right to force me to replace my roof?

If it's a new violation for tarping my roof then shouldn't there be a new code case opened against my property? I remedied two of the three and removed the third violation. How does that not resolve the 3rd violation?

With all this special magistrate litigation going to cost me hard earned time and money. You have backed me into a corner so to speak and I feel I have no choice.

Now I will be spending 20k to have my 1100 sq foot roof replaced because the tarps only last 3 months till they will need to be replaced.

Let's also be clear, you want me to sign a document to demolish the structure by 08/31/2022 and not have a house to live in anymore.you want an empty lot for the next 12 to 18 months while the building process takes place. This will render me homeless for a long extended period of time that is unacceptable to me but obviously it is of no concern to yourself or Monroe County that you represent!!!

Alas, my hope of building a new home is most likely not going to ever happen let alone in the near future.. I will now be getting the roof replaced and my house will now be here for a lot longer due to not signing a one sided document that does everything to protect the county and lay the blame and costs on myself.

My mortgage free 1967 conch house will not be demolished.anytime soon I will fix it up slowly but surely over the next 10 years so as not to exceed the 50% rule. .On the bright side my NJ home will still be sold for a great price. My Florida taxes will still be much lower at about 3k a year than they would be on a new structure. Bruce, my neighbor, is not going to be a happy camper when he sees that blue tarp going up.

I have contacted Weller Engineering and for about $1500 they will do my required wind load calculations so I can get the roof replacement permit pulled in the very near future. After some Florida statutes research,I also realize I may have some injunctive relief because my house was modular/manufactured and is worth less than 300k.

This is now the reality of my situation due to the county imposing a daily fine for a violation that will no longer exist

I have asked many questions in this email to which I would be very appreciative if you could reply with detailed answers. I know this email being subject to public record you will be very short and to the point in your reply. but if you only answer one question let it be this one I really want to know what Monroe county statute I will now be violating with my mostly blue tarp covered bare wood roof? .

Still respectfully frustrated

Bob Henry

McPherson-Cynthia <McPherson-Cynthia@monroecounty-fl.gov>

Jun 21, 2022, 1:45 PM

to Dugan-Kelly, Petrick-Nicole, me

Mr. Henry,

Your email has been received and will become part of your file. As previously stated, the county will move forward in its usual manner for noncompliance.

wannabe conch <wannabeconch@gmail.com>

Jun 21, 2022, 5:09 PM

to McPherson-Cynthia

I signed a contract for a new roof today paid in full the $15,600 contract price for the new roof. The company is called all area keys roofing in marathon.they will pull a permit this week and the roof will be done asap she said it will be completed before the 2nd week of July at the latest their phone number 305 743 4400 feel free to call and verify that I have a signed and paid in full contract with their company please add this email to my file too in hopes of avoiding a fine and a court case as you now know I will be getting a new roof.

Bob Henry

McPherson-Cynthia <McPherson-Cynthia@monroecounty-fl.gov>

Jun 22, 2022, 8:46 AM

to Dugan-Kelly, Petrick-Nicole, me

Mr. Henry,

Your email has been received and will be placed in the file. Your compliance date pursuant to the Final Order by the Special Magistrate was May 23, 2022. An Enlargement of Time to Comply was drafted and forwarded for review and signature on May 14, 2022 to avoid the accrual of fines and placement of a lien for noncompliance. The document was not signed or returned with unwillingness to do so per your email on June 14, 2022.

To review, compliance will be achieved when the permit is closed.

Legal proceedings overview