Item Q2 Q.2
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
May 17, 2023
Agenda Item Number: Q2
Agenda Item Summary #11966
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 MANUEL MELO and
his property, 123 Atlantic Avenue, Tavernier, Florida, to enforce the lien(s) arising from code
compliance case number CE17110041.
ITEM BACKGROUND:
CE17110041: This property has been the subject of a code compliance case for failure to obtain
required building permit(s) for land clearing (compliant). The fines total $85,000.00 as of March 20,
2023 and will not continue to accrue, as compliance has been achieved.
A hearing was scheduled for April 26, 2019 and the property owner was not present. The Special
Magistrate found the property in violation and ordered compliance dates of May 28, 2019 and July
25, 2019. An extension of the compliance of the July 25, 2019 date was granted and extended to
September 25, 2019. The County's lien was recorded on October 9, 2019. A subsequent hearing
was held on November 18, 2021 and the property owner was not present. The Special Magistrate
found the lien remained unpaid and granted the County's motion to proceed with collections. The
code case remains open for failure to pay outstanding fines and costs.
The Monroe County Property Appraiser lists the Just Market Value at $87,754. The property is
vacant and is not homesteaded. There is a mortgage on the property in the amount of$21,600, which
predates the County's lien. There are no pending foreclosures actions at this time.
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
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. Reduce the amount of the fines.
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Q.2
County staff recommends initiating litigation (option 1) against the property owner for injunction,
foreclosure, money judgment and 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 CE17110041 Melo
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:
Cynthia McPherson Completed 03/31/2023 3:55 PM
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Q.2
Kelly Dugan Completed 05/01/2023 3:59 PM
Bob Shillinger Completed 05/01/2023 5:22 PM
Lindsey Ballard Completed 05/02/2023 10:08 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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