Item P09 P.9
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe � � Mayor Sylvia Murphy,District 5
The Florida.Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: P.9
Agenda Item Summary #5836
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING: Authorization to initiate circuit court litigation against Michele
Hardin to obtain an order authorizing demolition by the County of an unsafe structure at 17062
Marlin Drive, Sugarloaf Key, Monroe County, Florida and to enforce the lien(s) arising from Code
Compliance Case Nos. L9-98-409 and CE18100002.
ITEM BACKGROUND: This property is the subject of two Code Compliance cases one
(CE18100002) for the failure to remedy the unsafe condition and another code case (L9-98-409) for
violating four(4) 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 October 15, 2018, the County received a complaint that the structure located at 17062 Marlin
Drive, Sugarloaf Key, is unsafe, that the property is dangerous and rodent infested, and a tree is in
danger of falling and causing damage to a neighbor's property. This matter was assigned Code
Compliance Case No. CE18100002. 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.
Code Compliance Case No. L9-98-409 involved violations regarding building permits and for areas
below the base floor elevation used for habitation. The property owner was found in violation of all
charges cited in April 1999. She then commenced a lengthy journey from through the appellate
courts that took her to Circuit Court and the Third District Court. Not satisfied with the results, she
unsuccessfully sought discretionary review at the Florida Supreme Court of Appeal and the U.S.
Supreme Court.
The county has exhausted all other mechanisms available to persuade the property owner to achieve
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P.9
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 structures of protect the health, safety and welfare of Monroe
County citizens.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
L9-98-409 Hardin SM Order granting relief and affirming Coll 072319
2011-06-15 BOCC unsafe procedures
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Steve Williams Completed 08/06/2019 12:57 PM
Bob Shillinger Completed 08/06/2019 1:20 PM
Budget and Finance Completed 08/06/2019 2:49 PM
Maria Slavik Completed 08/06/2019 3:20 PM
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P.9
Kathy Peters Completed 08/06/2019 3:25 PM
Board of County Commissioners Pending 08/21/2019 9:00 AM
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P.9.a
as
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G. VAN LANINGHAM U)
MONROE COUNTY, FLORIDA M
MONROE COUNTY FLORIDA, }
Petitioner, )
VS. ) Case No.: L9-98-409
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MICHELE HARDIN, )
Respondent(s). )
,,,,,,,,, .,,,,,,,,
}
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ORDER GRANTING RELIEF. ORDER CONFIRMING CALCULATION OF
FINES/'PENALTIES AND AFFIRMING THE ORDER AUTHORIZING FORECLOSURE
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On September 27, 2018, Petitioner, Monroe County, moved the Monroe County Code
Compliance Special Magistrate to affirm the August 17, 2017 ORDER CONFIRMING
CALCULATION OF FINES/PENALTIES AND AFFIRMING THE ORDER AUTHORIZING
FORECLOSURE in this case, and, to affirm the February 16, 2017 ORDER AUTHORIZING
IMPOSITION OF LIEN, which was recorded in the Official Records of Monroe County on
February 17, 2017 at Document 21 10939, Book 2839, Page 2197 on the property that is the
subject of the code compliance action described as: 17062 MARLIN DR SUGARLOAF KEY,
MONROE COUNTY, FLORIDA, RE#00166973006600, and upon any and all other real and/or
personal property. 0
Petitioner Monroe County ("County") was represented by Steven T. Williams, Esquire,
Assistant County Attorney. Respondent has had notice of all proceedings related to, and been
afforded an opportunity to be heard concerning these matters. Respondent was not present. 00
9)
Having fully considered the evidence presented at hearing, the following is hereby
ORDERED:
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P.9.a
That the Petitioner Monroe County ("County") be granted relief and the Special Magistrate :
hereby authorizes further foreclosure and/or money judgment proceedings on the Final a�
Order/Lien recorded on August I7, 20I7 at Book 2839, Page 2197 on the property that is the
subject of the code compliance action described as: 17062 MARLIN DR SUGARLOAF KEY,
a�
MONROE COUNTY, FLORIDA, RE#00166973006600, and upon any and all other real and/or
personal property. o
DONE AND ORDERED this 23rd day of July, 2019, at the Division of Administrative
Hearings,Tallahassee, Florida.
0
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a�
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i
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John G. Van Lanin ha g m
Code Compliance Special Magistrate
E
CERTIFICATE OF ORDER
I hereby certify that this is a true and correct copy of the above Order.
a
Nicole M. Petrick, Liaison
CERTIFICATE OF SERVICE
hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s)
via hand delivery / first class U.S. mail to Respondent(s) address of record wet the Monroe
County Property Appraiser's Office as PO BOX 1647, KEY WEST, FL. 33041 on this (n
day of , 20I9.
.... . ...............
Nicole M. Petrick, Liaison 17
00
IT
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P.9.b
BOARD OF COUNTY COMIdISSIONERS
ACOMAYIXH SUMMARY
Meeting Date: June 15.2011 Division: Growth Management
Bulk Item: Yes x No _ Department Code Compliance
Staff Contact Person/Phone#: Ronda Nomm
259-2520
AGENDA ITEM WORDING:Approve a Process and Procedure for the removal of unsafe,unoccupied,non- 0
homestead structures to protect the health safety and welfare of Monroe County residents.
ITEM BACKGROUND:The overarching of of Code Compliance is to protect the health safety and welfare
of property owners within Mom+oo County obtammg
by the Commission.At times,the normal byadminiatratzve hearing withwithand other codes established °�
process for Code Compliance does not provide
results which meet the ultimate goat.
Because the Code Compliance administrative h
inherent limitations, �process doesn't always produce caampliance, due to its
ens,which doesn't achieve ultimate removal of unsafe struchues,staff is requesting this policy LM
be approved so the County can protect nodcots 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 e)dsting unsafe,
unoccupied, non hamrestead properties should be demolished. The Board budgeted $60,000 to accomplish
demolition of these types of struckres 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, unoccuped, non-
homestead structures.
°
0
PREVIOUS RELEVANT BOCC ACTION:
April 21, 2010 — BOCC authorized staff to formulate a process and procedure for the removal of unsafe,
unoccupied and non-bomesteaded sue.
CONTRACT/A CHANGES:N/A
STAFFRECOMMENDATIONS:Approval
TOTAL COST:Applox.$60 000 annual r BUDGE . Yes JY
D OF LOCAL "I CE:$6 000 tier unit(estimated —With lien filing Olt real uroneft
to assure future mature of funds amended.
COST TO CO SOURCE Old' cv
RXVN=PRODUCING: Yes_ No X AMOUNT PER MOMMLyear
APPROVED BY: County Attomey x OMBRurchasft&_ Risk Management
DOCUMENTATION:Included. Not Required
DISPOSITION- AGENDA rr=#
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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
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2. Code Compliance Administrative Assistant takes complaint and completes the"New Case" M
check list
3. Complaint is muted to the Code Compliance Director for review
Code Compliance Director
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4. Director reviews complaint and assigns the case to appropriate inspector Code Compliance
Inspector
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Code Compliance Inspector
5. Code Compliance Inspector inspects property and documents conditions.Reports back to Code
Compliance Director with Uninhabitable Structure Inspection RequesMdeaal
Code Compliante Director a
6. Uninhabitable Structure Inspection Request and Refeaal given to the Building Official.
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Building O
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
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2. Building Official inspects property and completes Unsafe Struchue Report for demolition if
determined to be uninhabitable. Its
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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. Budding Official provides copy Uninhabitable Report to Code Compliance Director and
County Attorney
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P.9.b
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 Attomey's Office to seek authority from the BOCC before seeking
injunction,County Attorney will file petition for temporary injunction and
inform the Commission and the Adminishator by email
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b. If the property poses a threat to health,safety,or welfare of the community but M
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 offceding structure within 20
days after the order®ranting the injunction becomes final The County will
request authority from the Corot 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
emceed through the established process before the Code Compliance Special <
Magistrate. U)
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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 structme(s)by the County at 0.
the expense of the property owner and ad a compliance date.
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b. The Code Compliance Liaison shall file the demolition order with the Clerk of Court
and send it to the property owner(s). �s
c. All requests for cdonsims of time to comply must be done through the Special LO
Magistrate at the hearing
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P.9.b
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 2
next BOCC meeting requesting the authorization of expenditure of fiords to demolish the
offending structure.
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2. Once the BOCC approves the expenditure of funds for the demolition of a property,the Code
Compliance Department will issue a RF0 gr BM for demolition contractors.
3. The: 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.
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4. The bid process shall be conducted pursuant to the County policy.
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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.
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liaison
1. The Liaison shall notify the property owner in writing of costs due for demolition&
prosecution 0.
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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. co
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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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