Item O7 0.7
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: 0.7
Agenda Item Summary #11662
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 HARVEY L. JOHNSON
& MARGARET E. CROWLEY and their property, 1551 Coral Ct., Sugarloaf Key, Florida, to seek
compliance with the County Code and enforce the lien(s) arising from code compliance case number
CE20110056
ITEM BACKGROUND:
CE20110056: This property has been the subject of a code compliance case for building permits
required for windows/sliding glass doors (compliant), new deck rails (compliant), elevator/cargo lift
(not compliant) and failure to obtain inspections — pool & spa (compliant). The fines total
$59,000.00 as of December 29, 2022 and will continue to accrue at $100.00 per day, until
compliance is achieved.
A hearing was scheduled for April 29, 2021 and the property owners were not present. On August
24, 2021, the property owners signed an Agreement to Enlarge Compliance Date and Order
approving same and the newly agreed upon compliance date was November 29, 2021. The County's
lien was recorded on December 10, 2021. A subsequent hearing was held on July 28, 2022 and the
property owners were 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 homesteaded and there are no pending foreclosure actions at this time. The Monroe
County Property Appraiser lists the Just Market Vale at $945,068. There is a mortgage on the
property in the amount of$500,000, 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 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,
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0.7
3. Release the lien.
County staff recommends (option 1) 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:
AIS Supporting docs CE20110056 Johnson & Crowley
Resolution 057-2014 LIEN PROCESS
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
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0.7
REVIEWED BY:
Cynthia McPherson Completed 01/30/2023 3:48 PM
Kelly Dugan Completed 01/31/2023 11:10 AM
Bob Shillinger Completed 01/31/2023 11:39 AM
Lindsey Ballard Completed 01/31/2023 11:52 AM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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