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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
April 19, 2023
Agenda Item Number: 0.8
Agenda Item Summary #11962
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 GRISELL L. GOMEZ
and her property, 27715 Sea Whip Street, Little Torch Key, Florida, to seek compliance with the
County Code and enforce the lien(s) arising from code compliance case number CE20040127.
ITEM BACKGROUND:
CE20040127: This property has been the subject of a code compliance case for building permits
required for a) swimming pool (not compliant), b) new roof(not compliant), c) new stair entry with
railings (not compliant) and d) pool deck with stairs (compliant). The fines total $75,100.00 as of
March 20, 2023 and will continue to accrue at$100.00 per day, until compliance is achieved.
A hearing was scheduled for August 27, 2020 and the property owner was not present. The Special
Magistrate found the property in violation and ordered a compliance date of December 28, 2020. An
agreement to enlarge the compliance date was signed and the new compliance date was February 26,
2021. The County's lien was recorded on March 9, 2021. A subsequent hearing was held on
November 17, 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 for the property at $796,879.
The property is not homesteaded and there are no pending foreclosure actions at this time. There is a
mortgage on the property in the amount of$352,800, 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, 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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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 CE20040127 Gomez
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:
04/19/23 148-50001 - GROWTH MGMT ADMIN $2,500.00
BUDGETED
REVIEWED BY:
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Cynthia McPherson Completed 03/31/2023 2:39 PM
Kelly Dugan Completed 04/03/2023 12:30 PM
Bob Shillinger Completed 04/03/2023 2:13 PM
Lindsey Ballard Completed 04/03/2023 4:21 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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