Item P5 P.5
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.5
Agenda Item Summary #11801
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 F. GILLEN,
CAROL GILLEN, LAWRENCE J. HOGAN & JOANNE M. HOGAN and their property, 159
Florida Avenue, Tavernier, Florida, to seek compliance with the County Code and enforce the lien(s)
arising from code compliance case number CE19080104.
ITEM BACKGROUND:
CE19080104: This property has been the subject of a code compliance case for permit required for
mandatory sewer connection. The fines total $39,800.00 as of February 6, 2023 and will continue to
accrue at$100.00 per day, until compliance is achieved.
A hearing was scheduled for June 24, 2021 and the property owners were present. The Special
Magistrate found the property in violation and ordered a compliance date of January 3, 2022. The
County's lien was recorded on January 6, 2022. A subsequent hearing was held on October 27, 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.
The Monroe County Property Appraiser lists the Just Market Value of the property at$291,218. The
property is not homesteaded and there are no pending foreclosure actions at this time. There is no
mortgage recorded. Florida Keys Aqueduct Authority also holds lien on the property, which is
junior to 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.
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P.5
County staff recommends initiating litigation (option 1) against the property owners 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 CE19080104 Gillen
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:
03/22/23 148-50001 - GROWTH MGMT ADMIN $2,500.00
MEMO
REVIEWED BY:
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P.5
Cynthia McPherson Completed 02/27/2023 10:36 AM
Kelly Dugan Completed 02/28/2023 1:48 PM
Bob Shillinger Completed 03/01/2023 9:38 AM
Lindsey Ballard Completed 03/01/2023 11:24 AM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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