Item P4 P.4
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: P.4
Agenda Item Summary #11781
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 LEONEL PEREZ &
MARIA C. PEREZ and their properties, 15 Blue Water Drive and 16 Blue Water Drive,
Saddlebunch Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising
from code compliance case numbers CE20110054 and CE20110055.
ITEM BACKGROUND:
CE20110054: This property, 15 Blue Water Dr., has been the subject of a code compliance case for
building permits required for louvered wall in the lower level and shed (not compliant) and expired
permit 404100927 needs final inspections (not compliant). The fines total $91,400.00 as of February
2, 2023 and will continue to accrue at$100.00 per day, until compliance is achieved.
CE20110055: This property, 16 Blue Water Dr., has been the subject of a code compliance case for
land clearing, building permits required for wooden privacy fence, concrete slab and driveway
pavers (all not compliant). The fines total $45,700.00 as of February 2, 2023 and will continue to
accrue at$100.00 per day, until compliance is achieved.
A hearing was scheduled for both cases on June 24, 2021 and the property owner was present. The
Special Magistrate found the properties in violation and ordered a compliance date of November 1,
2021. The County's liens were recorded on November 10, 2021 and June 23, 2022 for case
CE20110054 and November 10, 2021 for case CE20110055. A subsequent hearing was held on
October 27, 2022 for both cases and the property owner's attorney was present. The Special
Magistrate found the properties remained in violation and granted the County's motion to proceed
with collections. The code cases remain open for non-compliance and failure to pay outstanding
fines and costs.
The Monroe County Property Appraiser lists the Just Market Value for 15 Blue Water Dr. at
$668,886 and for 16 Blue Water Dr. at $259,370. 16 Blue Water Dr. is vacant and adjacent to 15
Blue Water Dr. Neither property is homesteaded and there are no pending foreclosure actions at this
time. There is a mortgage on 15 Blue Water Dr. in the amount of $400,000, which predates the
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P.4
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:
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 CE20110054 Perez
AIS Supporting docs CE20110055 Perez
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:
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P.4
Grant:
County Match:
Insurance Required: N/A
Additional Details:
03/22/23 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 02/17/2023 12:24 PM
Kelly Dugan Completed 02/28/2023 2:43 PM
Bob Shillinger Completed 03/01/2023 9:39 AM
Lindsey Ballard Completed 03/01/2023 11:25 AM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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