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Item O07M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: 0.7 Agenda Item Summary #2922 BULK ITEM: Yes DEPARTMENT: Code Compliance TIME APPROXIMATE: STAFF CONTACT: Cynthia McPherson (305) 289 -2508 N/A AGENDA ITEM WORDING: Authorization to initiate litigation against NIKOLAY KUKHTOV and the property located at Vacant Lot 4 and 5, South Indies Drive, Duck Key, and upon any and all other real and /or personal property owned by NIKOLAY KUKHTOV if necessary, to enforce the lien arising from code compliance case number CE16020140. ITEM BACKGROUND: This case is the result of complaint for an overgrown lot. As a result, a Courtesy Notice with photographs was mailed to the property owner. Subsequently a hearing was held on June 25, 2016 and the Special Magistrate found the property owner in violation of • MMC Sec. 17- 6(b)(3) - VEHICLES ON VACANT LOTS. To -wit: VEHICLE(S)(BOAT TRAILER) PARKED ON A VACANT LOT IS PROHIBITED UNTIL AFTER THE PRINCIPAL STRUCTURE IS ERECTED. • MMC sec. 21 -20(b) - PREMISES TO BE MOWED. To -wit: PROPERTY NEEDS TO BE MOWED AND KEPT MOWED; Additionally, the Special Magistrate imposed a compliance date of July 21, 2016 with daily fines of $100.00 per day per count if compliance was not achieved. Compliance was not achieved, the fines began to accrue, the FINAL ORDER was recorded in the Official Records on July 26, 2016 as a lien, and a letter was sent to the property owner. On October 24, 2016 a re- inspection was conducted, the violations remained, and a "75 -day" letter was mailed to the property owner. On January 9, 2017 a "90 -day" re- inspection was conducted and the boat trailer was removed, however the lot remained overgrown. Therefore a Notice of Motion to Authorize Foreclosure and /or money judgment/Notice of Hearing for hearing scheduled January 26, 2017. The hearing was held and the Special Magistrate imposed an Order Authorizing Foreclosure. All attempts to gain voluntary compliance have failed, and as of April 24, 2017 the lien remains unsatisfied. The current amount of the lien is $45,316.34 ($44,700.00 fines and $616.34 costs). Fines and costs will continue to accrue until compliance is achieved, the lien is satisfied and the case is closed. RELEVANT INFORMATION As of April 24, 2017 NIKOLAY KUKHTOV owns three (3) other properties in Monroe County, and has one other open code case. No other outstanding Monroe County code liens where found. 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, writ of execution and money judgment; 2. Allow the liens to remain against the property owner, the subject property and any other property owned by the property owner; and /or 3. Reduce the amount of the fines. 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. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Authorize staff to initiate litigation against NIKOLAY KUKHTOV and the property located at Vacant Lot 4 and 5, South Indies Drive, Duck Key, and upon any and all other real and /or personal property owned by NIKOLAY KUKHTOV if necessary, to enforce the lien arising from code compliance case number CE16020140. DOCUMENTATION: CASE DETAIL KUKHTOV CE 16020140 057 -2014 Resolution Collections Letter -Non Compliant FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: 2500.00 Current Year Portion: Budgeted: YES Source of Funds: 148 -50001 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: 05/17/17 148 -50001 -GROWTH MGMT ADM1N REVIEWED BY: Cynthia McPherson Completed Steve Williams Completed Bob Shillinger Completed Assistant County Administrator Christine Hurley 05/02/2017 8:17 AM Kathy Peters Completed Board of County Commissioners Pending $2,500.00 04/24/2017 3:56 PM 04/26/2017 8:37 AM 04/26/2017 9:46 AM Completed 05/02/2017 6:06 PM 05/17/2017 9:00 AM Code Enforcement Detail Pag 0.7 a My Account i Priva Policy CODE ENFORCEMENT DETAIL Case Number CE16020140 Tenant 01 -25 -2017 VAC LTS 4a5/BK6 -133 S INDIES D Case Date 02 -24 -2016 Add Info SENTTO LIAISON 7014 3490 0001 3900 3189 Origination 5 - REFERRAL Status L - LIEN CREATED Operator martch Officer DCL PR OPERTY ON CASE RE 00380250000000 Owner KUKHTOV NIKOLAY Property Address VACANT LT4 BK6 S INDIES DR Owner Address 18201 COLLINS AVE APT 1001 City/State /Zip DUCK KEY FL 33050 City/State /Zip SUNNY ISLES BEACH FL 33160- 5119 Phone CASE DESCRIPTION REFERRAL: MOWING COMPLAINT CODE S 1: HIGH WEEDS /GRASS VIOLATION CODE S 1: 17- 6.(B)(3)' -- VEHICLES ON VACANT LOTS 2: 21- 20.(B) -- PREMISES TO BE MOWED INSPECTIONS/EVENTS DETAIL ATE TIME INSPECTION / EVENT TYPE INSTRUCTIONS / C TS 05 -17 -2017 12:33:23 CASE HEARD BEFORE BOCC SCHEDULED 04 -24 -2017 12:32:40 ACTION BY SR CC RES ANALYST PREPARED AIS FOR BOCC 5/17/17 AND 02 -28 -2017 16:26:32 REINSPECTION 01 -31 -2017 16:26:42 COMMENT CODE 01 -31 -2017 16:26:17 ACTION BY LIAISON 01 -27 -2017 15:33:19 INSPECTORS HEARING NOTES SUBMITTED IN MINUTETRAQ. SITE VISIT SHOWS TALL GRASS Et WEEDS ON THIS VACANT LOT. PHOTOS TO WINDSOR FOR S/M FILE. ORIGINAL FILE FILED BY MONTH OF LIEN (JULY 2016) ORDER AUTHORIZING FORCLOSURE MAILED TO PO VIA US 1ST CLASS MAIL ON 01/31/17 BY LIAISON. NO ONE PRESENT. SM APPROVED MOTION FOR COLLECTIONS SM ORDER AUTHORIZING FORCLOSURE GRANTED 01 -26 -2017 16:23:39 SM GRANTED MOTION TO PROCEED 01 -26 -2017 11:21:26 SET FOR HEARING 01 -25 -2017 14:00:04 COMMENT CODE 01 -11 -2017 17:05:37 SENTTO LIAISON 01 -10 -2017 11:49:04 COMMENT CODE 01 -09 -2017 13:48:08 REINSPECTION 01 -09 -2017 11:47:52 POSTING OF NOV/ NOH/MOTION/ LTR NOTE: NO ONE PRESENT AT HEARING. COLLECTION HEARING. IN COMPLIANCE 17- 6.(B)(3)' COMPLIANCE DATE WAS: 01/09/17 ORIGINAL FILE TO LIAISON.CMARTIN POSTING PHOTOS IN ATTACHMENTS AND FILE BOAT TRAILER REMOVED. NEEDS TO BE MOWED. CHARGE OF 17- 6.(B)(3) IN COMPLIANCE. CHARGE OF 21- 20.(B) NOT IN COMPLIANCE. POSTED COURTHOUSE ft VACANT LOT, THE MOTION TO AUTHORIZE FLORECLOSURE AND /OR CD CD 04 CD LU KJ 0 httn• / /Pane mnnrnPrnrnntx7_fl nnv /a(tnvPlne /rri.ia /rn.iP rltl acrw7raca "n=('1 1 AMn1 An Code Entorcement Detail MONEY JUDGEMENT PROCEEDING AND NOTICE OF HEARING PREPARING POSTING AND MAILING FOR NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT 01 -06 -2017 17:28:53 ACTION BY ADMIN PROCEEDING 8 NOTICE OF HEARING TO PO VIA FIRST CLASS MAIL. POSTING PACKAGE SENT TO INSPECTOR TO POST. CMARTIN PER USPS.COM CERTIFIED NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDING 01 -06 -2017 17:26:40 UNCLAIMED CERT MAIL ITEM SHOWS. "UNCLAIMED /MAX HOLD TIME EXPIRED" CERT #: 7014 3490 0001 3900 7514 CMARTIN MAILED COPY OF NOTICE OF MOTION TO AUTHORIZE FORECLOSURE AND /OR MONEY JUDGMENT PROCEEDING a NOTICE 11 -07 -2016 12:50:05 ACTION BY ADMIN OF HEARING FOR 01 /26/2017 HRG CERT #7014 3490 0001 3900 7514 11 -04 -2016 13:33:44 COMMENT CODE 11 -04 -2016 13:33:07 MOTION BY COUNTY TO PROCEED 10 -26 -2016 10:31:09 COMMENT CODE 10 -24 -2016 16:41:22 REINSPECTION 10 -12 -2016 16:40:21 REINSPECTION 07 -26 -2016 16:41:41 COMMENT CODE 07 -26 -2016 16:40:07 ACTION BY LIAISON 07 -26 -2016 16:39:16 LIEN ORDER RECORDED MCCO 07 -25 -2016 09:49:40 COMMENT CODE 07 -22 -2016 15:55:53 REINSPECTION 06 -24 -2016 15:54:52 ACTION BY LIAISON 06 -24 -2016 15:54:38 COMMENT CODE 06 -24 -2016 15:54:24 COMMENT CODE 06 -24 -2016 15:54:09 COMMENT CODE 06 -24 -2016 15:52:18 SM OR CEB ORDER MAILED CERTIFIED TODAY. CMARTIN PASSED FILE TO CHERYL FOR CERT MAIL. PREPARED MOTION FOR COLLECTIONS FOR JANUARY 26, 2017 SM. KW FILE TO AD -MIN TO MAIL 75 DAY LIEN LETTER 75 DAY REI SHOWS NO COMPLIANCE. VACANT LOT STILL NEEDS TO BE MOWED. AND BOAT TRAILER STILL ON LOT. NO CONTACT FROM OWNER. SEE PHOTO IN FILE AND ATTACHMENTS. OWNERSHIP CHECK. STILL SAME OWNER. OWNER OWNS FOUR (4)PROPERTIES IN THE COUNTY. HOWEVER, THEY ARE ALL VACANT LOTS. LOT NEEDS MOWED -BOAT TRAILER STILL THERE. NOT IN COMPLIANCE. ORIGINAL FILE FILED BY MONTH OF LIEN (JULY 2016) LIEN LETTER MAILED TO PO VIA 1ST CLASS MAIL BY LIAISON TODAY. SM FINAL ORDER RECORDED WITH CLERK'S OFFICE ON 07/25/16 DOC 2085057 BOOK 2807 PAGES 1630 -1631. REI NON- COMPLIANCE PHOTOS IN ATTACHMENTS AND TO S/M LIASION FOR THE S/M FILE REI FOR COMPLIANCE -NOT IN COMPLIANCE. VACANT LOT W /ABANDONED BOAT TRAILER AND HIGH GRASS a WEEDS STILL EXIST. THERE HAS BEEN NO ATTEMPT AT COMPLIANCE. SEE PHOTOS COPY OF FINAL ORDER MAILED TO PO VIA 1ST CLASS US MAIL ON 06/24/16. ADDED FINE ON 17- 6.(B)(3)' START DATE: 07/22/16 FINE AMT: 100.00 ADDED FINE ON 21- 20.(B) START DATE: 07/22/16 FINE AMT: 100.00 COSTS CONTINUE TO ACCRUE UNTIL COMPLIANT AND CASE IS CLOSED. SM FINAL ORDER FOUND IN VIOLATION AS CITED. COSTS IMPOSED UNTIL COMPLIANT AND CASE IS CLOSED AND FINES IN THE AMOUNT OF $100.00 FOR THE CHARGES OF 17- 6.(B)(3)' AND 21- 20.(B) PER COUNT PER DAY IF NOT COMPLIANT BY 07/21/16. NO REVIEW HEARING SET AT THIS TIME. NOTE: NO ONE PRESENT AT HEARING. Pag 4.7 a 04 Lu KJ 0 C� httn• / /Panv mnnrnPrmmtv_fl amdp(1nvPl1ic 1rnAph -nd, rltl ncnv7raca nn =f'P1 AO')n1 An Code Enforcement Detail 06 -24 -2016 15:19:28 UNCLAIMED CERT MAIL ITEM PER USPS.COM CERTIFIED NOV /NOH SHOWS. "UNCLAIMED" CERT #: 7014 3490 0001 3900 3189 TO: KUKHTOV NIKOLAY ADD: 18201 COLLINS AVE APT 1001 SUNNY ISLES BEACH, FL 33160 -5119 PASSED RETURNED MAIL TO LIAISON. CMARTIN 06 -24 -2016 09:41:32 SET FOR HEARING REVIEWED NOV /NOH. RETURNED TO 06 -20 -2016 13:19:54 COMMENT CODE HREI PHOTOS IN ATTACHMENTS a FILE 06 -17 -2016 13:18:49 REINSPECTION FOR HEARING HREI ON SITE SHOWS BOAT TRAILER a TALL CASE FILE FORWARDED TO ADM. CJM GRASS AND WEEDS STILL EXIST ON PROPERTY TO 17- 6(B)(3)- PARKING ON VACANT 05 -18 -2016 09:00:46 COMMENT CODE ORIGINAL FILE TO LIAISON AND 06 -07 -2016 09:18:18 SENT TO LIAISON SCANNED COPY SENT TO INSPECTOR 05 -17 -2016 15:46:52 ACTIVITY BY SR DIRECTOR REVIEWED NOV /NOH. RETURNED TO FOR 06/24/2016 HRG. CMARTIN 06 -07 -2016 08:37:06 COMMENT CODE PHOTOS OF POSTING IN ATTACHMENTS PREPARED NOV /NOH TO PO POSTED COURTHOUSE Et PROPERTY. 06 -06 -2016 08:36:41 POSTING OF NOV /NOH /MOTION /LTR AFFIDAVIT AND PHOTOS TO AD -MIN 05 -16 -2016 13:57:13 ACTION BY ADMIN 18201 COLLINS AVE APT 1001 TO LABEL AS EVIDENCE. PREPARING POSTING AND PREPARING MAILING FOR NOV -NOH TO PO VIA FIRST CLASS MAIL. 06 -05 -2016 22:50:27 ACTION BY ADMIN POSTING PACKAGE AND ORIGINAL FILE TO INSPECTOR TO POST AND COMPLETE EXHIBITS. CMARTIN PER USPS.COM - CERTIFIED MAIL NOTICE LEFT (NO AUTHORIZED 06 -05 -2016 22:47:52 UNCLAIMED CERT MAIL ITEM RECIPIENT AVAILABLE) 05/24/2016; NO GREEN CARD RECEIVED IN MARATHON OFFICE A/O 06/05/2016. 'CONSIDERED NO SERVICE' MAILED NOV /NOH VIA CERTIFIED TO PO FOR 06/24/2016 HRG. CERT #:7014 3490 0001 3900 3189 05 -20 -2016 14:28:06 ACTION BY ADMIN P0: KUKHTOV NIKOLAY ADD: 18201 COLLINS AVE APT 1001 SUNNY ISLES BEACH, FL 33160 -5119 PASSED TO DIRECTOR FOR APPROVAL TO MAIL.. CMARTIN 05 -09 -2016 10:07:58 COMMENT CODE REI PHOTOS SHOWING NON- COMPLY IN ATTACH. FILE TO ADMIN TO PRINT NOV /HEARING. 05 -09 -2016 10:06:59 COMMENT CODE COMPLY DATE IS 6/15/16 - HEARING DATE 6/24/16 05 -05 -2016 10:05:59 REINSPECTION BOAT TRAILER STILL ON THE VACANT LOT THAT NEEDS TO BE MOWED. PREPARE Pag 4.7 a 04 Lu KJ 0 httn- //,Vnv mnnrnPrnnntv_fl rltl ncnv9raca nn=C 1 A(1101 an AWAITING GOOD SERVICE. CMARTIN 05 -20 -2016 10:20:41 ACTIVITY BY SR DIRECTOR REVIEWED NOV /NOH. RETURNED TO INSPECTOR OF REVISIONS. CJM REVIEWED AND APPROVED NOV /NOH. 05 -20 -2016 09:51:57 ACTIVITY BY SR DIRECTOR REVISED TO WIT FOR 17- 6(B)(3)' AND REQUESTED THE NOV /NOH REPRINTED. CASE FILE FORWARDED TO ADM. CJM CHANGE CODE FROM LAND USE (130 -83) TO 17- 6(B)(3)- PARKING ON VACANT 05 -18 -2016 09:00:46 COMMENT CODE LOT. TOOK OUT THE 130 -83 MUNICODE EXHIBIT AND ADDED THE 17 -6 TO THE EXHIBITS. 05 -17 -2016 15:46:52 ACTIVITY BY SR DIRECTOR REVIEWED NOV /NOH. RETURNED TO INSPECTOR FOR CODE REVISION. CJM 05 -17 -2016 08:46:54 COMMENT CODE FILE BACK TO LINK TO ENTER MOWING TO WIT PREPARED NOV /NOH TO PO FOR 06/24/2016 HRG. CERT #:7014 3490 0001 3900 3189 P0: KUKHTOV NIKOLAY 05 -16 -2016 13:57:13 ACTION BY ADMIN 18201 COLLINS AVE APT 1001 SUNNY ISLES BEACH, FL 33160 -5119 PASSED TO DIRECTOR FOR APPROVAL TO MAIL.. CMARTIN 05 -09 -2016 10:07:58 COMMENT CODE REI PHOTOS SHOWING NON- COMPLY IN ATTACH. FILE TO ADMIN TO PRINT NOV /HEARING. 05 -09 -2016 10:06:59 COMMENT CODE COMPLY DATE IS 6/15/16 - HEARING DATE 6/24/16 05 -05 -2016 10:05:59 REINSPECTION BOAT TRAILER STILL ON THE VACANT LOT THAT NEEDS TO BE MOWED. PREPARE Pag 4.7 a 04 Lu KJ 0 httn- //,Vnv mnnrnPrnnntv_fl rltl ncnv9raca nn=C 1 A(1101 an Code Enforcement Detail 04 -05 -2016 09:40:18 COMMENT CODE 03 -16 -2016 09:39:05 REINSPECTION 03 -11 -2016 10:49:12 COMMENT CODE 03 -10 -2016 10:02:31 REINSPECTION 02 -29 -2016 15:49:37 COMMENT CODE 02 -29 -2016 10:45:35 COMMENT CODE 02 -29 -2016 10:44:51 COURTESY NOV /LTR 02 -29 -2016 10:22:00 MAKE VIOLATION 02 -26 -2016 10:20:18 COMMENT CODE 02 -24 -2016 10:08:41 CREATE A CASE 02 -08 -2016 10:08:42 INITIAL INSPECTION TYPE CASE FOR THE SPECIAL MAGISTRATE HEARING. NEED TO PREP CASE FOR SPECIAL MAGISTRATE THIS PO HAS NOT COMPLIED WITH THE MOWING AND NOW A BOAT TRAILER IS ON THIS VACANT LOT. PHOTOS OF NON- COMPLIANCE IN ATTACHMENTS REINSPECTION SHOWS ABANDONED BOAT TRAILER SITLL ON VACANT LOT. AND IT IS NOT MOWED. SENT CN BY FIRST CLASS MAIL. CJM ENCLOSED PHOTO W /CN SHOWING TRAILER ft YARD FILE TO AD -MIN TO MAIL COURTESY NOTICE MAKEVIO RECORDED LINKD REFERRAL FROM PROPERTY OWNERS ASSOCIATION COMPLAINT RECORDED BY MARTCH VACANT LOT NEEDS TO BE MOWED -SEE PHOTO Your privacy is important to us, for more information see our L!y p EicY. Copyright ® 2007 - THE PLUS SERIES ® - All Rights Reserved Pag 4.7 a N LU KJ 0 c� Packet Pg. 2752 httn- /h-unv mnnrnP['nnntv_fl aenv9raeP nn —('F1 aryarm 1 7 X51 - N MONROE COUNTY, FLORIDA RESOLUTION NO.05 - A2014 A RESOLUTION OF THE BOARD 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(1), 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 of an 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 for 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: This 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 Mayor pro tem Danny L. Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: ^ Ma or Syl a Murphy ZK ATTORNEY March 19, 2014 Code Lien Procedure Ln CL_ c o 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 M_ ONEY JUDGMENT ACTIONS FOR COLLECTION OF UNPAID FINES AND /OR COSTS FROM A PROPERTY OWNER 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. 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 determine: i. if the subject property is homesteaded; ii. if the subject property is the only property owned by property owner /violator; iii. what efforts, if 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 staff shall 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. 8. 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 Lien 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 Liaison 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, foreclosure, 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. Exception —If a violation poses a serious threat to the public health, safety & welfare then immediate permission to file an action for an inspection warrant, injunction and /or demolition may be sought with BOCC direction. March 19, 2014 Code Lien Procedure