Item Q065
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.6
Agenda Item Summary #2144
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 Bank of America NA
and the property located at 6 S Harbor Drive, Ocean Reef, and upon any and all other real and/or
personal property owned by Bank of America NA if necessary, to gain compliance and to enforce
the lien arising from code compliance case number CE11020037.
ITEM BACKGROUND:
Case CE11020037 is a result of flood insurance inspection of enclosed
areas below base flood elevation for the renewal of flood insurance policy and FEMA compliance
conducted on February 7, 2011 for the prior owners. Bank of America obtained title to the property
via a Warranty Deed in Lieu of Foreclosure recorded in the Official Records of Monroe County on
June 6, 2014.
As a result, on December 15, 2015 a courtesy letter was mailed to the address on the tax records
certified mail. The return receipt was signed on December 28, 2015.
On March 28, 2016 research reveals no response from the property owner and permit applications
submitted to the County for the corrective actions. Therefore a Notice of Hearing/Notice of
Violation was mailed to the address on the tax records certified mail for a hearing to be held April
28, 2016. The return receipt was signed on March 31, 2016. The hearing was held and no one
appeared on behalf of the property owner. The Special Magistrate found the property in violation of
Monroe County Codes as cited:
MCC Sec. 130-74(a) To-wit - THE CONVERSION OF THIS SINGLE FAMILY
STRUCTURE AND/OR USE OF THIS PROPERTY TO A DUPLEX IS NOT ALLOWED AS-OF-
RIGHT IN AN IMPROVED SUBDIVISION (IS) ZONE AND IS PROHIBITED, and
MCC Sec. 122-4(b)(1)d - To-wit - AS PER THE LETTER PROVIDED FROM THE
FLOODPLAIN ADMINISTRATOR DATED FEBRUARY 22, 2011, THE DOWNSTAIRS
ENCLOSURE IS IN VIOLATION OF THE FOLLOWING ITEMS:
1. THE ENCLOSURE IS CONSTRUCTED FOR HABITATION; (KITCHEN, RECREATION
ROOM, APPLIANCES, CLOSETS, AIR-CONDITIONING, ETC.);
2. THE ENCLOSURE HAS PROHIBITED PARTITIONS (SHOWER ROOM)
3. THE ENCLOSURE HAS PROHIBITED FINISHES, (DRYWALL, PANELING, ETC.);
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4. THE ENCLOSURE HAS MORE THAN LIMITED STORAGE, (APPLIANCES, FURNITURE,
FURNISHINGS, ETC.);
5. THE ENCLOSURE MAY NOT BE TEMPERATURE CONTROLLED;
6. THE ENCLOSURE HAS PROHIBITED ELECTRIC (LOCATED BELOW BASE FLOOD
ELEVATION);
7. THE ENCLOSURE HAS PROHIBITED PLUMBING (LOCATED BELOW BASE FLOOD
ELEVATION);
8. THE A/C CONDENSING UNIT(S) ARE LOCATED BELOW BASE FLOOD ELEVATION,
AND
9. THE ENCLOSURE HAS INSUFFICIENT FLOOD VENTS.
The Special Magistrate imposed a compliance date of June 16, 2016 and imposed a daily fine of
$200.00 per count to accrue if compliance is not achieved. Additionally the property is listed for
sale and as per the listing; it now appears that the unlawful duplex is now an unlawful triplex. The
Special Magistrate imposed the lien as Notice to Perspective Buyers and the Final Order was
recorded as a lien on April 29, 2016.
Compliance was not achieved by June 16, 2016, therefore the fine(s) began to accrue and a letter
was sent to the property owners.
On July 7, 2016 research revealed that the violation remain, therefore a Notice of Motion to
Authorize Foreclosure and/or money judgment/Notice of Hearing for hearing scheduled August 25,
2016 was mailed to the property owner certified mail. The return receipt was signed on July 18,
2016.
The hearing was held, no one appeared on behalf of the property owners and the Special Magistrate
imposed an Order Authorizing Foreclosure.
As of September 26, 2016 the property is not in compliance and the daily fines have accrued for 101
days for a total of $40,400.00. Current costs are $395.67. Both the fines and costs continue to
accrue until compliance is achieved and the case is closed.
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
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,
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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 Bank of America NA
and the property located at 6 S Harbor Drive, Ocean Reef, and upon any and all other real and/or
personal property owned by Bank of America NA if necessary, to gain compliance and enforce the
lien arising from code compliance case number CE11020037.
DOCUMENTATION:
AIS CE11020037 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:
10/19/16 148-50001 · GROWTH MGMT ADMIN $2,500.00
REVIEWED BY:
Cynthia McPherson Completed 09/27/2016 1:32 PM
Assistant County Administrator Christine Hurley Completed
10/03/2016 1:02 PM
Steve Williams Completed 10/04/2016 10:09 AM
Bob Shillinger Completed 10/04/2016 10:21 AM
Kathy Peters Completed 10/04/2016 10:26 AM
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Board of County Commissioners Pending 10/19/2016 9:00 AM
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