Item Q03 Q.3
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: Q.3
Agenda Item Summary #3332
BULK ITEM: Yes DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Paunece Scull (305) 295-3170
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against ETHEL STILES c/o
JOHN HUBBS and the property located at 29130 Guava Lane, Big Pine Key, Florida, to seek
compliance with the County Code and enforce the lien(s) arising from code compliance case
numbers CE05060124 and CE09030008.
ITEM BACKGROUND:
This property is the subject of two Code Compliance cases, CE05060124 and CE09030008. The
violations for CE05060124 include a) working through a stop order/red tag (compliant), b) building
permit(s) required for new roofing, drip edge, exterior renovations, fence and landscape wall,
electric, placement of propane tanks, interior repairs and structures placed in setbacks and c)
structures, sheds and storage units have been placed in setback. Code case CE09030008 includes
failure to obtain building permit(s) for a) 3rd davit, boat lift, generator, 2nd central a/c unit, addition
to structure, electric for all of the above, installation of utilities to the lower enclosure, fill and
pavers, b) property must be kept clean of all debris, garbage, discarded household goods, vegetative
debris and litter (compliant), c) maintaining a property as an unsanitary nuisance, (compliant), d)
storage of trailers with a greater capacity than one ton is prohibited, e) property has been deemed
unsafe by the Building Official due to insufficient barrier(s) for the pool, f) property has been
deemed unsafe due to the installation of electric, g) unsafe condition for 3rd davit, boat lift,
generator, 2nd central a/c unit, addition to structure, electric for all of the above, repairs, renovations
and installation to utilities to the lower enclosure, roof and fill and g) property has been deemed
unsafe due to lack of compliance for code case CE05060124. The fines total $1,005,600.00 as of
June 8, 2021 for case CE05060124 and will continue to accrue at $200.00 per day, until compliance
is achieved and $1,360,800.00 for case CE09030008 and will continue to accrue at $300.00 per day,
until compliance is achieved. As of July 27, 2021, communications with Keys Energy have
confirmed that the property currently does not have electric service
CE05060124: A hearing was scheduled for September 27, 2007 and the property owner was not
present. The Special Magistrate found the property in violation and ordered a compliance date of
October 25, 2007. A subsequent hearing was held on November 29, 2007 and an attorney was
present on behalf of the property owner. The County's lien was recorded on January 7, 2008. A
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third hearing was held on April 29, 2010 and the Special Magistrate found the property remained in
violation and granted the County's motion to proceed with collections. The code case remains open
for non-compliance and failure to pay outstanding fines and costs.
CE09030008: A hearing was scheduled for April 30, 2009 and the property owner was not present.
The Special Magistrate found the property in violation and ordered a compliance date of May 10,
2009. A subsequent hearing was held on August 27, 2009 and the property owner was not present.
The County's lien was recorded on September 11, 2009. A third hearing was held on April 29, 2010
and the Special Magistrate found the property remained in violation and granted the County's
motion to proceed with collections. The code case remains open for non-compliance and failure to
pay outstanding fines and costs.
The property is not homestead. There are no additional liens and no pending foreclosure actions at
this time. The Monroe County Property Appraiser indicates the Just Market Value of the property is
$488,197.
Under the policy adopted in Resolution 057-2014 the available legal options in regard to the
County's lien on this property are:
1. Initiate litigation against the property owner for injunction, foreclosure, money judgment
and/or writ of execution;
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. Release the lien.
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and/or writ of execution.
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, 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: APPROVAL
DOCUMENTATION:
Resolution 057-2014 LIEN PROCESS
AIS Support Doc CE05060124 & CE09030008
FINANCIAL IMPACT:
Effective Date:
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Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: YES
Source of Funds: BUDGETED
CPI:
Indirect Costs: 2500.00
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
07/21/21 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 07/30/2021 12:03 PM
Paunece Scull Completed 08/02/2021 9:45 PM
Bob Shillinger Completed 08/30/2021 11:31 AM
Assistant County Administrator Christine Hurley Skipped
08/03/2021 3:46 PM
Liz Yongue Completed 08/30/2021 4:43 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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