Item I10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2011
Division: Growth Management
Bulk Item: Yes x No _ Department: Code Compliance
Staff Contact Person/Phone #: Ronda Norman
289-2520
AGENDA ITEM WORDING: Approve a Process and Procedure for the removal of unsafe, unoccupied, non -
homestead structures to protect the health safety and welfare of Monroe County residents.
ITEM BACKGROUND: The overarching goal of Code Compliance is to protect the health safety and welfare
of property owners within Monroe County by obtaining compliance with building and other codes established
by the Commission. At times, the normal administrative hearing process for Code Compliance does not provide
results which meet the ultimate goal.
Because the Code Compliance administrative hearing process doesn't always produce compliance, due to its
inherent limitations, which doesn't achieve ultimate removal of unsafe structures, staff is requesting this policy
be approved so the County can protect residents and citizens from unsafe conditions. This process would allow
County attorneys to seek Board approval to proceed to a court to obtain a determination that existing unsafe,
unoccupied, non -homestead properties should be demolished. The Board budgeted $60,000 to accomplish
demolition of these types of structures when property owners will not demolish on their own. The cost of
demolition would be liened against the property.
Attached is the final recommended Process and Procedure for the removal of unsafe, unoccupied, non -
homestead structures.
PREVIOUS RELEVANT BOCC ACTION:
April 21, 2010 — BOCC authorized staff to formulate a process and procedure for the removal of unsafe,
unoccupied and non -homesteaded structures.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Approx. $60,000 annually. INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: $6,000 per unit (estimated) — with lien filing on real property
to assure future recapture of funds expended.
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Attorney x OMB/Purchasmg Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY CODE COMPLIANCE
UNSAFE, UNOCCUPIED, AND NON -HOMESTEAD UNINHABITABLE
STRUCTURE REMOVAL PROCEDURE
DRAFT AS OF 4/30/11
Administrative Assistant
1. Monroe County Code Compliance receives or initiates a complaint of an unsafe structure
2. Code Compliance Administrative Assistant takes complaint and completes the "New Case"
check list
3. Complaint is routed to the Code Compliance Director for review
Code Compliance Director
4. Director reviews complaint and assigns the case to appropriate inspector Code Compliance
Inspector
Code Compliance Inspector
5. Code Compliance Inspector inspects property and documents conditions. Reports back to Code
Compliance Director with Uninhabitable Structure Inspection Request/Referral
Code Compliance Director
6. Uninhabitable Structure Inspection Request and Referral given to the Building Official.
Building Official
1. Building Official makes an initial determination whether demolition will be required or if
rehabilitation and/or repair of the structure would be a more reasonable approach to remedying
the violation. If determination is made that the property may need to be demolished, the
Building Official will make a site inspection with the Inspector
2. Building Official inspects property and completes Unsafe Structure Report for demolition if
determined to be uninhabitable.
3. Building Official will make reference to the specific violations of the Florida Building Code,
Monroe County Code, and/or any other relevant Code adopted by the County.
4. Building Official Posts NOTICE OF UNIHABITABLE STRUCTURE AT PROPERTY
(includes language for appeal process, fines liens and Monroe County intent to Abate etc)
5. Building Official provides copy Uninhabitable Report to Code Compliance Director and
County Attorney
21 P, a g c
Code Compliance and County Attorney
1. If violation presents an imminent threat to the health, safety, or welfare of the community,
Assistant County Attorney and Code Compliance Director will confer with Chief Assistant
County Attorney on whether to seek an injunction from the Circuit Court.
a. If threat to health, safety, or welfare is so severe that time will not permit the
County Attorneys Office to seek authority from the BOCC before seeking
injunction, County Attorney will file petition for temporary injunction and
inform the Commission and the Administrator by email.
b. If the property poses a threat to health, safety, or welfare of the community but
is not of such a severe nature that immediate action is required, the County
Attorney will seek permission from BOCC at next regular BOCC meeting to file
the suit for injunctive relief.
c. The suit will seek an order requiring demolition of offending structure within 20
days after the order granting the injunction becomes final. The County will
request authority from the Court to demolish the offending structure if the
deadline imposed by the Court is not met. The County will also seek to
recover all demolition costs as well as costs of suit from the property owner.
2. If the structure does not pose an imminent threat to the health, safety, and welfare of the
community, the Code Compliance Department shall issue a notice of violation and
proceed through the established process before the Code Compliance Special
Magistrate.
a. If the property is found in violation at the hearing, the Code Compliance Director, after
consulting with the Assistant County Attorney, will request that the Special Magistrate
enter an order authorizing the demolition of the offending structure(s) by the County at
the expense of the property owner and set a compliance date.
b. The Code Compliance Liaison shall file the demolition order with the Clerk of Court
and send it to the property owner(s).
c. All requests for extensions of time to comply must be done through the Special
Magistrate at the hearing
31Pc
Demolition Process
1. Once an order of demolition has been granted by the Court or the Special Magistrate and that
order has become final, the Code Compliance Director will place an item on the agenda for the
next BOCC meeting requesting the authorization of expenditure of funds to demolish the
offending structure.
2. Once the BOCC approves the expenditure of funds for the demolition of a property, the Code
Compliance Department will issue a RF?? for demolition contractors.
3. The RF?? will include as a minimum the demolition of the offending structure and the hauling
away of all associated debris. The Board may, at its sole discretion, may waive any dumping
fees at the County's transfer station.
4. The bid process shall be conducted pursuant to the County policy.
5. The successful bidder must obtain all necessary permits and completes demolition
6. The Building Official shall conduct a final inspections of demolition.
7. The contractor shall be paid after passing the final inspection.
Liaison
1. The Liaison shall notify the property owner in writing of costs due for demolition &
prosecution
2. The Liaison shall file liens (if not paid in 30 days) in County Clerk's office. The liaison shall
notify the Code Compliance Director if the fines and costs have not been paid within 90 days of
the lien being recorded.
3. The Code Compliance Director shall initiate the process for foreclosing on a property when
notified by the liaison that the fines and costs have not been paid.
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CORRECTED PAGE
ITEM 1-10
Demolition Process
1. Once an order of demolition has been granted by the Court or the Special Magistrate and that
order has become final, the Code Compliance Director will place an item on the agenda for the
next BOCC meeting requesting the authorization of expenditure of funds to demolish the
offending structure.
2. Once the BOCC approves the expenditure of funds for the demolition of a property, the Code
Compliance Department will issue a RFgq RFO or RFP for demolition contractors.
3. The i,- "r RFO or RFP will include as a minimum the demolition of the offending structure
and the hauling away of all associated debris. The Board may, at its sole discretion, may waive
any dumping fees at the County's transfer station.
4. The bid process shall be conducted pursuant to the County policy.
5. The successful bidder must obtain all necessary permits and completes demolition
6. The Building Official shall conduct a final inspection of demolition.
7. The contractor shall be paid after passing the final inspection.
Liaison
1. The Liaison shall notify the property owner in writing of costs due for demolition &
prosecution
2. The Liaison shall file liens (if not paid in 30 days) in County Clerk's office. The liaison shall
notify the Code Compliance Director if the fines and costs have not been paid within 90 days of
the lien being recorded.
3. The Code Compliance Director shall initiate the process for foreclosing on a property when
notified by the liaison that the fines and costs have not been paid.
11Page
Linda M. Kaplan, P.A.
Attorney at Law
9500 S. Dadeland Blvd., Suite 703
Miami, FL 33156
Telephone: (305) 670-7665 Facsimile: (305) 670-7668
e-mail: lk@lindakaplan.com website: www.lindakaplan.com
June 14,2011
Dear Commissioners, County Administrator and Growth Management Director
Re - Agenda item I 10.
Approve a Process and Procedure for the removal of unsafe, unoccupied, non -
homestead structures to protect the health safety and welfare of Monroe
County residents.
This letter is written in support of the agenda item I 10 for the 6/15/11 meeting.
The attached photos are probably worth more than a few thousand words. The top photo is
a WATCH FOR CHILDREN signed located at 817 Madrid Rd, Key Largo. The bottom photo is
the house next door that burned down around two years ago. The unsafe nature of the
house is obvious.
In April, I had several conversation with county attorney, Lisa Granger and her assistant
Kathleen Windsor. I was advised that liens of over $ 137,000 had been imposed on this
property but that they could do nothing more because the house was tied up in foreclosure
proceedings which were stalled.
I wish to thank Christina Hurley for her efforts to initiate this ordinance and to urge your
vote of approval.
I am also requesting that this house be one of the first to be demolished under this new
ordinance /--
Linda Kaplan, Esq.
Resident of Key Largo