Loading...
Item O11 Meeting Date: January 28, 2009 Bulle Item: Yes XX No BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: County Attorney Staff Contact Person: Cynthia L. Hall x 3174 AGENDA ITEM WORDING: Request by property owner HSBC Bank USA for mitigation of fInes in Code Enforcement Cases CE07060155 and CE07070042 to $5,300.00. ITEM BACKGROUND: The property located at 3606 Gulfstream S1. on Big Pine Key, Florida (RE# 029430-000000), formerly owned by James P. Collins, was the subject of Monroe County Code Enforcement Case Nos. CE07060 155 (abandoned vessel) and CE07070042 (unsafe ~ railings removed on 2nd and 3rd story balconies without penllits). The violations in both of these cases were COlTected by the prior owner. Fines due in Case CE07060155 total $7,750.00 plus $100 administrative costs. Fines due in Case CE07070042 total $45,500 plus $118.50 in administrative costs. HSBC acquired the property through foreclosure in August 2008 and is now under contract to sell the property to a new buyer. The principal due on the loan at time of foreclosure was approx. $650K HSBC has sold the property for $294K Under Section 48.23, Florida Statutes, because the County's lien was recorded after the lis pendens filed by HSBC, the County's lien was statutorily discharged as to this property, although the County retains the right to pursue other property owned by James Collins. However, property owners and title companies prefer to get a recordable formal release or settlement document rather than rely on the unrecorded nature of the statutory discharge. The County Attomey has taken the position for at least 18 years that there is no public purpose to be served for the County to issue any documents of satisfaction or release of liens without payment. In accordance with Resolution 148-2008 (passed by the BOCC in May 2008), the County Attomey's Office has offered to settle the fines for 25% of the accrued amount, or $13,531.00. The bank has placed this amount in escrow, but is requesting a further reduction. The property is also the subject of a third code enforcement case, CE07030016, in which the former property owner was found to have installed an illegal lower enclosure. The buyer for this property has committed to cOlTecting this violation. The bank is not requesting mitigation on this case. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of reduction to $5,300 to cover most of the costs of the code enforcement personnel and the County Attomey's Office in enforcing the codes of this County. TOTAL COST: $0 COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year V--~/ - APPROVED BY: County Atty if OMB/Purchasing _ Risk Management_ DOCUMENTATION: DISPOSITION: Included x Not Required_ AGENDA ITEM #