Item Q055
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: Q.5
Agenda Item Summary #2141
BULK ITEM: DEPARTMENT:
Yes Code Compliance
TIME APPROXIMATE:STAFF CONTACT:
Steve Williams (305) 289-2584
n/a
AGENDA ITEM WORDING:
Authorization to initiate litigation against Joan P. Seipp and the
property located at 214 Schooner Lane, Duck Key, and upon any and all other real and/or personal
property owned by Ms. Seipp if necessary, to enforce the lien arising from code compliance case
number CE08070164.
ITEM BACKGROUND:
Case CE08070164 is a result of the failure to maintain the property and
abandonment of permit 2203251 for construction of a single family residence. Permit 2203251
expired for the lack of progress on June 1, 2007. Hearings were held and the Special Magistrate
found the property in violation of Monroe County Codes as cited:
MCC Sec. 6-20(b) - PERMIT TIME LIMITATIONS: To-wit - PERMIT #02203251 HAS
EXPIRED DUE TO LACK OF INSPECTIONS AND WILL BE REQUIRED TO BE RENEWED.
THIS APPLICATION MAY HAVE TO GO THROUGH THE ROGO ALLOCATION SYSTEM
AGAIN.
MCC Sec. 6-4(b) - UNSAFE BUILDINGS DEFINED: To-wit - THE BUILDING OFFICIAL
HAS DEEMED THIS BUILDING UNSAFE DUE TO LACK OF INSPECTIONS, UNSECURED
STAIRWAY, AND EXPIRED PERMIT.
MCC Sec. 8-17(b) - Premises to be Mowed: To-wit - PROPERTY NEEDS TO BE MOWED
AND CLEARED OF WEEDS
The Special Magistrate imposed a compliance date of December 18, 2008 for 2 counts and August
20, 2009 for 1 count, with daily fine(s) of $80.00 to accrue if compliance is not achieved.
Compliance was not achieved, therefore the fine(s) began to accrue and the Final Order was
recorded as a lien on September 22, 2009. Compliance was achieved on the mowing charge
December 19, 2008, and compliance was achieved on 6-20(b) and 6-4(b) with the issuance of a new
single family residence permit on October 19, 2015. Therefore fine(s) accrued for 2495 days
(December 19, 2008 - October 19, 2015) for a fine total of $150,105.00. Costs to date as of July 26,
2016 are $707.85 and continue to accrue until the lien is satisfied and the case is closed.
The case remains open for failure to pay outstanding fines and costs.
The property is not homesteaded and there are no pending foreclosure actions at this time.
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Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
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: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Authorize staff to initiate litigation against Joan P. Seipp and the
property located at 214 Schooner Lane, Duck Key, and upon any and all other real and/or personal
property owned by Ms. Seipp if necessary, to enforce the lien arising from code compliance case
number CE08070164.
DOCUMENTATION:
AIS CE08070164 SUPPORT DOCS
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: Budgeted
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
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REVIEWED BY:
Cynthia McPherson Completed 09/27/2016 1:49 PM
Assistant County Administrator Christine Hurley Completed
10/03/2016 1:00 PM
Steve Williams Completed 10/04/2016 10:15 AM
Bob Shillinger Completed 10/04/2016 10:57 AM
Kathy Peters Completed 10/04/2016 10:59 AM
Board of County Commissioners Pending 10/19/2016 9:00 AM
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