Item P05
Board of County Commissioners
Agenda Item Summary
Meeting Date 1/21/04
Division
County Attorney
AGENDA ITEM WORDING
Presentation of status report on the Chris Johnson code enforcement lien foreclosure case and
request for direction.
ITEM BACKGROUND ;
The Board previously approved initiation of collection litigation against Chris Johnson., the
owner of a lot zoned native area on Little Torch Key. The Special Master had found Johnson
responsible for 12 violations on the lot. Because of the egregious nature of the violations, the
Special Master imposed the maximum daily fine of $1000.00 per day per count. Mr. Johnson had
essentially set up residence in a tractor trailer and had rented out derelict vessels and campers
located on the property all without benefit of permits. The waste water from these "residences" was
dumped into the wetlands. Neighbors in the Coral Shores Estates Subdivision have complained to
the Sheriff's office and Code Enforcement about illicit activity on the premises that threatened their
safety and that of their children playing in the neighborhood.
Mr. Johnson is currently incarcerated and facing charges for drug sales. He claims to be
indigent and is being represented by the Public Defender.
On December 30, 2003, Judge Payne entered final judgment against Mr. Johnson in the
amount of $3,744,100.00. At press time, the Court had not yet notified staff of an auction date for
the property. There are potentially 2 known encumbrances that are superior to the County's lien.
Assuming nobody outbids the County at auction, the Board would. take title to the lot subject to
those liens, if they prove valid. Plus, the County would be responsible for cleaning out the trailers,
vessels, and other debris.
County staff's preliminary estimate for clean up costs is $100,000.00. Staff cautions that
because of the volume of debris and inability to enter the property to make a close inspection, that
estimate may not be accurate.
Staff requests input on the direction the Board desires to take with this property. In its
current state, this property represents a major threat to the welfare of the residents of Coral Shores
Estates and to the environment. In the past, neighbors have expressed a willingness to help clean
the property.
PREVIOUS RELEVANT BOCC ACTION
BOCC approved litigation on July 15, 2003.
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Purchase at auction if no reasonable bid is made and clean up. Seek deficiency judgment against
Johnson.
TOTAL COST
COST TO COUNTY
APPROVED BY:
BUDGETED Yes No
SOURCE OF FUNDS
County Attorney - OMB/Purchasing 0 Risk Management 0
DOCUMENTATION:
DIVISION DIRECTOR APPROVALt9/~~
JOHN R. I
Included 0 To Follow 0 Not Required 0
P_5
AGENDA ITEM #