This instrument prepared by and after recording return to: Attn: Code Enforcement Recording Secretary Village of Key Biscayne 88 West McIntyre St, Suite 250 Key Biscayne, FI. 33149 VILLAGE OF KEY BISCAYNE BOARD OF CODE ENFORCEMENT SPECIAL MAGISTRATES VILLAGE OF KEY BISCAYNE, CASE NO. 11086 Pelitioner, ‘THE EMERALD BAY AT KEY COLONY CONDOMINIUM ASSOCIATION, INC. SKRLD, INC., Respondent(s) REVISED ORD! IMPOSING CIVIL PENALTIES THIS CAUSE having come before the Village of Key Biscayne (the “ Village”) Board of Code Enforcement Special Magistrates (the “Board”) on March 3, 2023, and upon the presentation of testimony and other evidence in this case, the Board hereby enters the following findings of fact and conclusions of law and orders as follows: Findings of Fact 1. __Aminspection of the property located at 151 Crandon Boulevard, Key Biscayne, Florida 33149 (the “Property”) was done by a Village Code Enforcement Officer. 2 Based on said inspection, a Civil Violation Notice (“Citation”) was issued on July 5, 2022, to THE EMERALD BAY AT KEY COLONY CONDOMINIUM ASSOCIATION, INC. for failure to comply with the 40 Year Recertification requirements with the Existing Buildings Section of Miami-Dade Code 8-11 (f), 3. The Citation imposed a penalty of $250 fee for an initial penalty and a civil penalty in the total amount of $250 for each day (“Per Diem”) that the violation continues to exist. 4. Representatives from the Property paid the initial fine of $250 for the Citation on September 1, 2022. 5. Arequest for an administrative hearing was made by the Violator. Accordingly, the Village set this ‘matter for hearing before the Board to enter a judgment for the civil penalty in the Citation, 6. Per Diem fines are not being assessed currently due to the request for administrative hearing, 7. Per Diem fines may be assessed retroactively if the Board determines that Property is in violation, 8, Notice of the violation and hearing was properly served upon the Violator. Conclusions of Law Page 1 of 39. __ Based on evidence presented and the findings of fact, the Board concludes that a violation of Section 8-11 (0 of the Miami-Dade Code exists on the Property. Order It is therefore ORDERED: 10, October 12, 2022; Emerald Bay's Engineers of Record, EOR, shall submit to the Building Official of the Village of Key Biscayne, a signed and sealed letter certifying that the structure is electrically and structurally safe for its continued use and occupancy while contractor performs the necessary corrections to achieve compliance. ‘The Engineers of Record shall continue to submit a letter certifying the safety of the structure every 180 days during the process of updating the permit as needed and making the necessary corrections to achieve compliance. 11. January 1, 202: Emerald Bay's electrical Engineer of Record shall submit a recertification report to the Village of Key Biscayne, as per the requirements of Section 8-11 of the Miami-Dade County Code, certifying that the structure is electrically safe for its continued use and occupancy, and recommending the issuance of the 40- year recertification, 12. May 15, 2023: Report on planter inspection must be completed and submitted to the Village. 13, June 30, 2023: Emerald Bay must submit signed and sealed plans from a licensed structural engineer to the Village for 14, September 29, 2023: Emerald Bay must have approved permits from the Village Building Department to commence the work to ‘make the necessary corrections to achieve recertification compliance. 15, September 2025: Expected deadline for completion and final approval. Emerald Bay's Engineer of Record shall submit « recertification repor to the Village, as per the requirements of Section 8-11 of the Miami-Dade County Code, certifying that the structure is structurally safe for its continued use and occupancy, and recommending the issuance of the 40-year recertification, 16, Continuing Violation penalties inthe amount of $250 shall accrue from the date of correction given in the Citation until the correction is made. 17. Failure to comply with this Order will cause a certified copy of this Order to be recorded in the public records which shall constitute a lien against the Property and upon any other real or personal property owned by the Violator until judgment is rendered in a suit to foreclose or to enforce this order. The resulting lien shall accrue interest atthe ‘maximum legal rate. DONE AND ORDERED at the Village of Key Biscayne, Miami-Dade County, Florida, on this today of May 2023 ~ Page 2 of 3BOARD OF CODE ENFORCEMENT _ SPECIAL. MAGISTRATES FOR THE VILLAGE OF KEY BISCAYNE, FLORIDA Code Enforcement Speci PURSUANT TO SECTION 2.44 OF THE VILLAGE CODE, AN APPEAL OF THIS ORDER IMPOSING CIVIL PENALTIES MAY BE FILED IN THE CIRCUIT COURT IN MIAMI-DADE COUNTY, FLORIDA, WITHIN ‘THIRTY DAYS OF THE EXECUTION OF THIS ORDER IMPOSING CIVIL PENALTIES. CIVIL PENALTIES ARE DUE AND PAYABLE TO THE VILLAGE ON THE LAST DAY OF THE PERIOD ALLOWED FOR THE FILING OF AN APPEAL FROM THE BOARD'S DECISION IN THIS MATTER, OR, IF ‘A PROPER APPEAL IS MADE, WHEN THE APPEAL HAS BEEN FINALLY DECIDED ADVVERSELY TO ‘THE NAMED VIOLATOR. CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that a true and corret copy ofthe foregoing order was filed and rendered in the Village records on this_1O" day of _may 20.23, and a true and correct copy of the foregoing order was sent by regular and certified mail to SAQLD, tac. 20! Phemiave Circle WW" Por Coral Fatpleo, FL. , this toMy of __ Mey 2028. mE Clerk of the Board of Code Enforcement Special Magistrates Page 3 of 3