Resolution 148-2008
RESOLUTION NO.14S 2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SETTING A MINIMUM PERCENTAGE
THAT WILL BE ACCEPTED TO SETTLE FINES AND COSTS IMPOSED
IN CODE ENFORCEMENT CASES; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 162.09(1), Florida Statutes, and Monroe County Code Section 6.3-7 gives
the special master appointed to hear Code Enforcement cases the authority to impose fines after a finding
that the prop"rty owner has violated the Monroe County Code and that the property owner thereafter has
not corrected the violation(s); and
WHEREAS, under Section 162.09(3), Florida Statutes, and Monroe County Code Section 6.3-5,
if the County prevails in prosecuting a case before the special master, the County is also entitled to
recover all costs incurred in prosecuting the case; and
WHEREAS, a certified copy of the order imposing fines and costs becomes a lien on real and
personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, thereafter, the County has the authority to initiate litigation for foreclosure of the
lien or for a money judgment; and
WHEREAS, in the alternative, the County has the ability to enter into an agreement with the
property owner to settle the matter on such tenns and conditions as the parties deem mutually acceptable,
in order to resolve the matter short oflitigation; and
WHEREAS, the average cost of investigating and prosecuting a Code Enforcement case is at
least $1,101.43, and the Code Enforcement Department projects that 1,200 cases will be brought before
the special master in the current fiscal year, for a total projected cost of approximately $1.2 million; and
WHEREAS, it is appropriate to defray the majority if not all of the cost through the collection of
fines and costs from the actual property owners cited for the violations; and
WHEREAS, it is advantageous for the County not to mitigate the fines and costs by a significant
amount at time of settlement, so that the fines and costs will serve as a deterrent to other property owners
not to violat" the Monroe County Code, or so that the imposed fines and costs will act as an incentive for
the property owners found to have violated the Code to correct the Code violations as quickly as possiltle.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that:
Section 1. It is herebv declared to be the policy of the County that the County will accept a
minimum oftwent1ive percent (2 5%) of accrued fines and costs in settlement of Code Enforcement
cases after said fines and costs have been imposed by the special master. The County will not settle any
fines or costs prior to compliance.
Section 2. Any resolutions concerning the policy of the County with respect to the
percentage of fines and costs to be accepted in settlement of Code Enforcement cases after said fines and
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costs have been imposed by the Special Magistrate are hereby repealed and any contrary provisions of the
Monroe County Code are hereby repealed,
Section 3.
This resolution shall take effect on May ~, 2008,
Section 4. The Clerk of the Court is hereby directed to forward one (I) certified copy of this
Resolution to the Division of Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said board held on the ---2L- of May, 2008,
Mayor Mario DiGe;maro>-p,istrict 4 Yes
Commissioner Dixie Spehar, District I Yes
coo:.~<;::ommissioner George Neugent, District 2 Yes
'ssionerCharles "Sonny" McCoy, Dist.3 ~
" 'ssioner Sylvia Murphy, District 5 Yes
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Deputy tlerk
BOARD OF COUNTY
COMMISSIONERS OF
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Mayor Mario DiGennaro
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