Item H4 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2014 Division: Growth Mana eg ment
Bulk Item: Yes X No _ Department: Code Compliance
Staff Contact Person/Phone #: Ronda Norman X2520 &
Lisa Grauer_ X3470
AGENDA ITEM ''CORDING: Approval of a resolution formalizing 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.
ITEM BACKGROUND: During recent discussions, the Board has expressed concern that some code
violations languish unresolved long after fines and/or costs have been imposed by Final Order of the
Code Compliance Special Magistrate. The Board directed staff to develop a proposed policy to ensure
that liens are properly and timely filed, that efforts to encourage compliance are maintained after fines
are imposed and to encourage payment of outstanding fines and/or costs.
Staff has drafted the attached proposed policy for the Board's further consideration. In short, it
directs staff to: a) record Final Orders Imposing Fines as liens in the official records within 14 calendar
days of the Compliance date for those cases which have NOT achieved compliance and which have
outstanding fines or fines plus repair costs, or within 45 days of the compliance date for those cases
which have achieved compliance but continue to have outstanding fines and/or costs; b) continue to
work with property owners to achieve compliance; and c) to bring the non-compliant cases or unpaid
fines or costs cases to the Special Magistrate and/or the Board for direction on further enforcement
efforts to be brought as soon as legally allowed.
There are a number of potential options for addressing the non-compliant and/or unpaid cases
including:
A) Initiating litigation in Circuit Court to:
1. Seek injunctive relief to enjoin the violations;
2. Foreclose the lien on non-homesteaded property;
3. Seek a money judgment on fines levied after October 1, 2000 on non-
homesteaded property;
4. Seek a Writ of Attachment of personal property of the property owner of non-
homesteaded property; or
B) Allowing the liens to remain in place until the property is sold or refinanced; or
C) Referral to other agencies with jurisdiction in appropriate circumstances.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ AMOUNT PER MONTH[ Year
APPROVED BY: County Atty �WMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
March 19, 2014 Code Lien Procedure
J.
MONROE COUNTY, FLORIDA
RESOLUTION NO. -2014
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 of
, 2014.
Mayor Sylvia Murphy
Mayor pro tem Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk OE CO ATTORP4EY
a �
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ASS/
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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 MONEY JUDGMENT
ACTIONS FOR COLLECTION OF UNPAID FINES AND/OR COSTS FROM A PROPERTY
OWNER
I. 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.
3. 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