Item Q4 Q.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
May 17, 2023
Agenda Item Number: Q.4
Agenda Item Summary #12012
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 DGW CORPORATION
and their property, 132 N. Indies Drive, Duck Key, Florida, to seek compliance with the County
Code and enforce the lien(s) arising from code compliance case number CE20010126.
ITEM BACKGROUND:
CE20010126: This property has been the subject of a code compliance case for failure to obtain
required building permit(s) for a downstairs enclosure. The fines total $68,800.00 as of April 10,
2023 and will continue to accrue at$100.00 per day, until compliance is achieved.
A hearing was scheduled for January 28, 2021 and the property owner signed a Stipulation to code
violation and for time to comply for first time offenses on January 19, 2021. On January 28, 2021,
the Special Magistrate approved the stipulated agreement with a compliance date of May 21, 2021.
The County's lien was recorded on June 2, 2021. A subsequent hearing was held on February 24,
2022 and the property owner was not present. The Special Magistrate found the property remained
in violation and granted the County's motion to proceed with collections. The property changed
ownership on February 22, 2022 and a Motion to Amend Respondent's Name on Final Order and
Authorize Imposition of Lien was scheduled and approved by the Special Magistrate on June 30,
2022, at which the property owner was not present. A subsequent hearing was then held on January
26, 2023 and the property owner was again 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 Monroe County Property Appraiser lists the Just Market Value at $1,362,668. The property is
not homesteaded and there are no pending foreclosure 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/or writ of execution;
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Q.4
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 CE20010126 DGW Corporation
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:
05/17/23 148-50001 - GROWTH MGMT ADMIN $2,500.00
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Q.4
BUDGETED
REVIEWED BY:
Cynthia McPherson Completed 04/10/2023 12:55 PM
Kelly Dugan Completed 05/01/2023 3:55 PM
Bob Shillinger Completed 05/01/2023 5:21 PM
Lindsey Ballard Completed 05/02/2023 10:01 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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