Item O4 0.4
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: 0.4
Agenda Item Summary #11647
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 JOHN B. BAIL,LIE and
his property, Vacant Lan Minorca Dr., Big Pine Key, Florida, to seek compliance with the County
Code and enforce the lien(s) arising from code compliance case number CE21020146
ITEM BACKGROUND:
CE21020146: This property has been the subject of a code compliance case for vegetation in canals.
The fines total $38,800.00 as of December 23, 2022 and will continue to accrue at $100.00 per day,
until compliance is achieved.
A hearing was scheduled for August 19, 2021 and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of November 29, 2021.
The County's lien was recorded on December 10, 2021. A subsequent hearing was held on August
25, 2022 and the property owner was not 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.
The property is not homesteaded and there are no pending foreclosure actions at this time. There is
no mortgage recorded on the property. The Monroe County Property Appraiser lists the Just Market
Value at$67,530.00.
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,
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0.4
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 Supporting docs CE21020146 Baillie
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:
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 01/09/2023 12:03 PM
Kelly Dugan Completed 01/30/2023 3:05 PM
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0.4
Bob Shillinger Completed 01/30/2023 4:12 PM
Lindsey Ballard Completed 01/31/2023 9:24 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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