Item O07M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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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
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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
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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.
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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
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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
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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
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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