Item P2P.2
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Sylvia Murphy, District 5
Mayor Pro Tem Danny Kolhage, District 1
TheFloridaKeys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
December 19, 2018
Agenda Item Number: P.2
Agenda Item Summary #4986
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING: Approval to file a circuit court action to obtain a court order
authorizing demolition by the County of an unsafe, unoccupied, non-homesteaded, uninhabitable
structure located at 31522 Avenue E, Big Pine Key, Monroe County, Florida owned by David and
Donna Herrmann, and further authorization to initiate litigation against the property owners to
enforce the lien arising from code compliance case number CE18020017.
ITEM BACKGROUND:
This property is the subject of a Code Compliance case for the failure to remedy the unsafe condition
as a result of Hurricane Irma, violating ten (10) County Ordinances. Compliance will be achieved
by obtaining a permit to demolish the offending unsafe structure, completing the task, and obtaining
final inspections by the Building Department.
On February 1, 2018 the County received a complaint that the structure located at 31522 Avenue E,
Big Pine Key, was destroyed by Irma and the remains had not been removed, that the property is
dangerous, rodent infested, garbage is blowing in the canal, and the smell of mold overwhelming.
After an investigation by Code Compliance, a referral was made to the Building Official. Consistent
with the attached policy approved by the BOCC on June 15, 2011, the Building Official inspected
the property whereby he determined that the structure created an unsafe condition for the
neighborhood and deemed the structure uninhabitable. The structure is not occupied. He further
determined that the structure needs to be demolished. Included as evidence is an Unsafe
Uninhabitable Non-homestead Structure Building Checklist Form-Report which itemizes the
violations. As a result the Building Official mailed a letter to the property owners on July 12, 2018
giving 30 days to contact the building department.
After receiving no response, the property was posted with an ORDER TO DEMOLISH
UNINHABITABLE UNOCCUPIED NON-HOMESTEAD STRUCTURE and a letter (which
to the property owner on September 11, 2018 giving the property owners 30 days to comply, or
appeal his findings. The return receipt was signed on September 21, 2018. The appeal period
expired on October 11, 2018.
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After receiving no response, and the destroyed structure remaining in place, a Notice of
to the property owner on October 17, 2018. The return receipt was signed on October 20, 2018. A
hearing was held on November 15, 2018 and the property owner did not attend. The Special
Magistrate found the property owner in violation as cited and ordered a fine (in the amount of
$250.00 per day per count) to accrue until compliance is achieved. The Special Magistrate also
entered an order giving the County authority to take corrective action(s), recover all costs, and
proceed with litigation if necessary to enforce the lien. A copy of the Final Order was mailed first
class mail to the property owner.
As of November 28, 2018 the fines have accrued for 13 days for a fine total of $32,500.00, and will
continue to accrue at $2500 per day until compliance is achieved. Additionally, per F.S. §162.07(2),
if the local governing body prevails in prosecuting a case before the enforcement board, it shall be
entitled to recover all costs incurred in prosecuting the case before the board and such costs may be
included in the lien authorized under s. 162.09(3). To date these costs are $390.74 and continue to
accrue until the case is closed.
The county has exhausted all other mechanisms available to persuade the property owner to achieve
compliance. The subject property, in its current condition, presents a threat to the public health,
safety and welfare.
PREVIOUS RELEVANT BOCC ACTION:
On June 15, 2011 the BOCC approved a process and procedure for the removal of unsafe,
unoccupied, non-homestead structures of protect the health, safety and welfare of Monroe County
citizens.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
CE18020017 FINAL ORDER
CE18020017 HERRMANN - EXHIBITS
JUNE 15 2011 UNSAFE PROCESS
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: 6000
Current Year Portion:
Budgeted: yes
Source of Funds: 148-50001
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P.2
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
12/19/18 148-50001 · GROWTH MGMT ADMIN $6,000.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 11/28/2018 5:06 PM
Steve Williams Completed 11/29/2018 8:01 AM
Assistant County Administrator Christine Hurley Completed
12/03/2018 12:08 PM
Bob Shillinger Completed 12/03/2018 4:36 PM
Kathy Peters Completed 12/03/2018 4:51 PM
Board of County Commissioners Pending 12/19/2018 9:00 AM
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P.2.a
Attachment: CE18020017 FINAL ORDER (HERRMANN CE18020017)
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P.2.a
Attachment: CE18020017 FINAL ORDER (HERRMANN CE18020017)
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P.2.b
Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: CE18020017 HERRMANN - EXHIBITS (HERRMANN CE18020017)
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Attachment: JUNE 15 2011 UNSAFE PROCESS (HERRMANN CE18020017)
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Attachment: JUNE 15 2011 UNSAFE PROCESS (HERRMANN CE18020017)
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Attachment: JUNE 15 2011 UNSAFE PROCESS (HERRMANN CE18020017)
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Attachment: JUNE 15 2011 UNSAFE PROCESS (HERRMANN CE18020017)
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