Item I4 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2008 Division: Growth Mana eg ment
Bulk Item: Yes x No _ Department: Code Enforcement
Staff Contact Person: Ronda Norman
AGENDA ITEM WORDING:
Approval of a resolution by the Monroe County Board of Commissioners setting a minimum
percentage that will be accepted to settle fines and costs imposed in Code Enforcement cases.
ITEM BACKGROUND:
Historically the settlement amount of Code Enforcement liens that go before the Board for approval
have been greatly reduced or dismissed. During 2007 Code Enforcement imposed thirty three (33)
liens in the amount of$864,070.13 but collected $69, 954.33 or 8.1% of that total. Staff is requesting
that the Board uphold the amount of the liens brought before them by accepting a minimum of no less
than 85% of accrued fines and costs in the settlement of cases. The approval of this resolution will help
offset the cost of prosecuting cases as well as act as an incentive for the property owners to adhere to
the requirements of Monroe County Code.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 8/06
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring,professional and fair
To: Debbie Frederick, Acting County Administrator
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From: Andrew Omer Trivette
Growth Management Division Director
Date: Wednesday April 30, 2008 �m ,„•.
RE: Code Enforcement Fines and Liens Settlement Cap
The intention of this memo is to provide additional background for the attached
resolution establishing a maximum reduction for fines and liens levied as a result of a
non-compliant Code Enforcement case.
The Monroe County Code Enforcement Department works diligently to ensure code
compliance throughout Monroe County. In the recent past the Department's staffing
level has been reduced from 13 total inspectors to our current staffing level of six (6).
These six (6) inspectors are currently handling a case load which exceeds 6,000 open
cases for the 115 miles of jurisdiction. That equates to 1,000 cases per inspector, each
cases demanding an average of eight (8) hours to bring to compliance or to hearing if
compliance is not reached.
The Department's goal is compliance and we will do all we can to assist an applicant in
reaching that goal. However, in rare instances compliance cannot be reached. This can
occur for a multitude of reasons. Cases can be brought into compliance at any point in
the enforcement process beginning with the initial notice of violation through the
potential hearing with the special magistrate. The special magistrate may impose fines
and or liens on an applicant or their property if compliance is not reached in a timely
manner. An applicant on average will have at least three(3) months to nine (9) months to
comply voluntarily prior to the hearing.
The amount of the fine or lien varies and typically depends greatly on the effort to date
toward compliance by the applicant as well as the nature of the violation which is
outstanding. These fines are usually assessed daily and run until compliance is verified
by an inspector. The Division relies on these fines and liens as a revenue stream to
supplement the cost of operation including the cost of case management and prosecution
which can be quite costly.
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Last year, out of over 5,000 cases, only 33 cases were subjected to fines and liens. When
an applicant is found in compliance they have the opportunity to negotiate the payment of
and monies due with the County Attorney who proposes the settlement to the BOCC for
approval. The 33 cases which rendered payment had a total amount due of$864,070.13.
However, following negotiation and BOCC approval the actual amount collected totaled
$69,954.33 which is approximately eight (8%) percent. Each case had an average
reduction of 75% from the original amount due.
The Division is requesting that the BOCC stipulate through the attached resolution that
these fines and liens must be satisfied for no less than 85% of the total amount due. This
will continue to grant some flexibility for the County Attorney to negotiate a fair and
equitable settlement without severely crippling this potentially viable revenue stream.
The attached table documents actual revenues realized last year from fines and liens paid
versus potential revenue if a settlement cap is established.
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RESOLUTION NO. -2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, SETTING A MINIMUM PERCENTAGE
THAT WILL BE ACCEPTED TO SETTLE FINES AND COSTS IMPOSED
IN CODE ENFORCEMENT CASES; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 162.09(1),Florida Statutes, and Monroe County Code Section 6.3-7 gives
the special master appointed to hear Code Enforcement cases the authority to impose fines after a finding
that the property owner has violated the Monroe County Code and that the property owner thereafter has
not corrected the violation(s);and
WHEREAS, under Section 162.09(3),Florida Statutes, and Monroe County Code Section 6.3-5,
if the County prevails in prosecuting a case before the special master,the County is also entitled to
recover all costs incurred in prosecuting the case; and
WHEREAS,a certified copy of the order imposing fines and costs becomes a lien on real and
personal property owned by the violator once recorded with the County Clerk; and
WHEREAS, thereafter, the County has the authority to initiate litigation for foreclosure of the
lien or for a money judgment;and
WHEREAS, in the alternative,the County has the ability to enter into an agreement with the
property owner to settle the matter on such terms and conditions as the parties deem mutually acceptable,
in order to resolve the matter short of litigation; and
WHEREAS,the average cost of investigating and prosecuting a Code Enforcement case is at
least $1,101.43,and the Code Enforcement Department projects that 1,200 cases will be brought before
the special master in the current fiscal year,for a total projected cost of approximately$1.2 million; and
WHEREAS,it is appropriate to defray the majority if not all of the cost through the collection of
fines and costs from the actual property owners cited for the violations; and
WHEREAS,it is advantageous for the County not to mitigate the fines and costs by a significant
amount at time of settlement,so that the fines and costs will serve as a deterrent to other property owners
not to violate the Monroe County Code, or so that the imposed fines and costs will act as an incentive for
the property owners found to have violated the Code to correct the Code violations as quickly as possible.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that:
Section I. It is hereby declared to be the policy of the County that the County will accept a
minimum of eighty-five percent(85%)of accrued fines and costs in settlement of Code Enforcement
cases after said fines and costs have been imposed by the special master.The County will not settle any
fines or costs prior to compliance.
Section 2. Any resolutions concerning the policy of the County with respect to the
percentage of fines and costs to be accepted in settlement of Code Enforcement cases after said fines and
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costs have been imposed by the Special Magistrate are hereby repealed and any contrary provisions of the
Monroe County Code are hereby repealed.
Section 3. This resolution shall take effect on May , 2008.
Section 4. The Clerk of the Court is hereby directed to forward one(1)certified copy of this
Resolution to the Division of Growth Management.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said board held on the of May, 2008.
Mayor Charles"Sonny"McCoy,District 3
Commissioner Dixie Spehar,District 1
Conunissioner George Neugent,District 2
Commissioner Mario Di Gennaro,District 4
Commissioner Sylvia Murphy, District 5
(Seal)
Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY
COMMISSIONERS OF
BY MONROE COUNTY,FLORIDA
Deputy Clerk
BY:
Mayor Charles"Sonny"McCoy
MONROE COUNTY ATTORNEY
A ROV D AS TO OR
YNTHIA L. H 'L
ASSIS ANTSCOUNTY AATTO�EY
Date_
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