Item O3 0.3
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: 0.3
Agenda Item Summary #11642
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan 3052953170
N/A
AGENDA ITEM WORDING: Authorization to initiate litigation against CYNTHIA N.
SANDHUSEN and her property located at 22725 Old State Road 4A, Cudjoe Key, Florida to seek
compliance with the County Code and enforce the lien(s) arising from code compliance case
numbers CE18060108 and CE20110073
ITEM BACKGROUND:
This property is the subject of Code Compliance cases CE18060108 and CE20110073. The
violations for CE18060108 include fire hazard/unsafe/egress — with respect to means of egress and
fire protection with the coverings over the windows and unsafe structural elements such as ramp
systems, railing systems and soffit (both not compliant). The fines total $120,400.00 as of
December 23, 2022 and will continue to accrue at $200.00 per day, until compliance is achieved.
The violations for CE20110073 include unlicensed vehicles —four utility trailers (not compliant) and
silver Honda sedan (compliant). The fines total $32,000.00 as of December 23, 2022 and will
continue to accrue at$50.00 per day, until compliance is achieved.
CE18060108: A hearing was scheduled for January 28, 2021 and the property owner signed a
Stipulation to code violation and for time to comply for first time offenses on January 25, 2021. On
January 28, 2021 the Special Magistrate approved the stipulated agreement with a compliance date
of April 29, 2021. The County's lien was recorded on May 13, 2021. A subsequent hearing was
held on May 26, 2022 and the property owner was present. 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.
CE20110073: A hearing was scheduled for January 28, 2021 and the property owner signed a
Stipulation to code violation and for time to comply for first time offenses on January 25, 2021. On
January 28, 2021 the Special Magistrate approved the stipulated agreement with a compliance date
of March 22, 2021. The County's lien was recorded on March 24, 2021. A subsequent hearing was
held on May 26, 2022 and the property owner was present. The Special Magistrate found the
property remained in violation and granted the County's motion to proceed with collections. The
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code case remains open for non-compliance and failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value at$423,806. The property is not
homesteaded and there are no pending foreclosure actions at this time. There is a mortgage, which
predates the County's lien.
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:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: APPROVAL
DOCUMENTATION:
Resolution 057-2014 LIEN PROCESS
AIS Supporting docs CE18060108 Sandhusen
AIS Supporting docs CE20110073 Sandhusen
FINANCIAL IMPACT:
Effective Date:
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:
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County Match:
Insurance Required: N/A
Additional Details:
02/15/23 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 01/30/2023 3:50 PM
Kelly Dugan Completed 01/31/2023 10:38 AM
Bob Shillinger Completed 01/31/2023 11:40 AM
Lindsey Ballard Completed 01/31/2023 11:55 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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