Item O5 0.5
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: 0.5
Agenda Item Summary #11648
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 BRIAN
SCHUMACHER and his property, 28161 Helen Avenue, Little Torch Key, Florida, to seek
compliance with the County Code and enforce the lien.
ITEM BACKGROUND:
CE21050008: This property has been the subject of a code compliance case for permit required for
mandatory sewer connection. The fines total $32,500.00 as of December 23, 2022 and will continue
to accrue at$100.00 per day, until compliance is achieved.
A hearing was scheduled for July 29, 2021 and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of January 31, 2022. The
County's lien was recorded on February 16, 2022. A subsequent hearing was held on July 28, 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.
There is an ongoing lien foreclosure litigation, 22-CA-265-K, for other code violations on the same
property.
The Monroe County Property Appraiser lists the Just Market Value at $203,830. The property is
homesteaded and there are no pending foreclosure actions at this time. There are two mortgages on
the property, totaling $121,300, which predate 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 and/or money judgment;
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.
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0.5
County staff recommends (option 1) initiating litigation against the property owner for injunction
and/or money judgment.
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 CE21050008 Schumacher
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:
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0.5
Cynthia McPherson Completed 01/10/2023 9:58 AM
Kelly Dugan Completed 01/30/2023 3:57 PM
Bob Shillinger Completed 01/30/2023 4:13 PM
Lindsey Ballard Completed 01/31/2023 9:25 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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