Item P3 } P.3
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: P.3
Agenda Item Summary #3241
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against JAKKU PROPERTIES
LLC and their property, 100760 Overseas Highway, Key Largo, Florida, to seek compliance with the
County Code and enforce the lien(s) arising from code compliance case number CE17110029.
ITEM BACKGROUND:
CE17110029: This property has been the subject of a code compliance case for (a) failure to obtain
required building permits for pole structures and land clearing, (b) development of parcel, including
land clearing, without full compliance with the provisions of the U.S. Fish and Wildlife Service for
critical habitat or designated potentially suitable habitat for federally listed threatened or endangered
species, (c) land clearing within the Monroe County Conservation easement, (d) development of
parcel, including land clearing, without full compliance with the provisions of the Monroe County
Code for minimizing environmental impacts, (e) land clearing on this parcel exceeds clearing
allowances for native plant communities and open space requirements and (f) failure to adhere by
FWS permit referral process. The fines total $221,400.00 as of May 4, 2021 and will continue to
accrue at$100.00 per day,per violation, until compliance is achieved.
A code compliance hearing was held January 30, 2020. The property owner was not present. The
Special Magistrate found the property in violation and ordered a compliance date of April 29, 2020.
The County's lien was recorded on June 5, 2020. A subsequent hearing was held on November 19,
2020 and the property owner was not present. The Special Magistrate found the property remained
in violation and granted the County's motion to proceed with collections. The code case remains
open for non-compliance and failure to pay outstanding fines and costs.
The property is not homestead and there are no pending foreclosure actions at this time. There is a
$668,000 mortgage on the property. The Monroe County Property Appraiser lists the property as
having a Just Market Value of$914,582.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
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P.3
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment
and/or writ of execution;
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. Release the lien.
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and/or writ of execution.
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: APPROVAL
DOCUMENTATION:
Resolution 057-2014 LIEN PROCESS
AIS Support Docs CE17110029
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: YES
Source of Funds: BUDGETED
CPI:
Indirect Costs: 2500.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
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P.3
06/16/21 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 05/04/2021 4:11 PM
Paunece Scull Completed 05/28/2021 1:40 PM
Bob Shillinger Completed 05/28/2021 3:56 PM
Assistant County Administrator Christine Hurley Skipped
06/01/2021 1:02 PM
Liz Yongue Completed 06/01/2021 1:27 PM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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