Item J2 J2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: J2
2023-1496
BULK ITEM: No DEPARTMENT: Code Compliance
TIME APPROXIMATE: STAFF CONTACT: Cynthia J. McPherson
AGENDA ITEM WORDING: Approval of a Resolution to establish a cost of prosecution schedule for Code
Compliance.
ITEM BACKGROUND:
The Code Compliance Department is on the cusp to "GO LIVE"with Oracle, the new computer
software used by the Building Department for permitting. The need to streamline and standardize
processes has become evident in the implementation process.
The department's method of calculating the costs of prosecution is antiquated, cumbersome and needs
updating. Currently to determine total costs, the amount of time is recorded in minutes which is
associated with a dollar amount. The dollar amount for each employee is calculated using their loaded
salary to include their hourly rate, FICA, FRS, Health/Life and Worker's Compensation. An additional
amount is added to the loaded salary to cover vehicle expense. This figure is provided by Fleet
Management and will vary depending upon the vehicle type one drives. Exhibit#1 is an example of a
current cost sheet. An inequity arises in calculating costs when the same work is performed by a long-
term employee with a higher loaded salary compared to a new employee.
This method of calculating costs for individuals with varying dollar amounts per minute is problematic
for Oracle. Flat fees are preferred. Research and review of methods used to assess costs by other
jurisdictions in our area, employee job functions and weighted salaries was conducted. Results and
recommendations are shown in Exhibit#2
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
3109
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution- Costs of Prosecution.pdf
Exhibit#1 Sample Cost Sheet.pdf
Exhibit#2- Costs Affidavit-Recommendations.pdf
FINANCIAL IMPACT:
3110
2
3 MONROE COUNTY, FLORIDA
4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
5 RESOLUTION NO. -2023
6
7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
8 MONROE COUNTY, FLORIDA, ESTABLISHING A COST OF
9 PROSECUTION SCHEDULE TO BE IMPOSED IN CODE COMPLIANCE
10 CASES; PROVIDING FOR AN EFFECTIVE DATE
11
12 WHEREAS, the County provides an effective and equitable method of
13 enforcement to ensure the health, safety, and welfare of the citizens of Monroe County;
14 and
15
16 WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code
17 Section 8-31 (a) give the Special Magistrate appointed to hear Code Compliance cases
18 the authority to impose fines and costs including the cost of repairs if the County is forced
19 to make repairs, after a finding that the property owner has violated the Monroe County
20 Code(s); and
21
22 WHEREAS, Section 162.09(3), Florida Statutes and Monroe County Code
23 Section 8-29 (b) provides if the County prevails in prosecuting a case before the Special
24 Magistrate, the County is entitled to recover all costs incurred in prosecuting the case;
25 and
26
27 WHEREAS, the Monroe County Board of County Commissioners wish to provide
28 the citizens of the County an equitable method of calculating these costs; and
29
30 WHEREAS, the Board finds that costs are only assessed in the event compliance
31 is not achieved prior to hearing and the Special Magistrate determines violation; and
32
33 WHEREAS, the Board finds that costs assessed by the Special Magistrate
34 continue until compliance is achieved and the code case is closed; and
35
36 WHEREAS, the cost schedule was prepared by the Code Compliance Department
37 providing direct costs associated with a code compliance case from creation to resolution
38 and is to be reviewed every three years; and
39
40 WHEREAS, the cost schedule prepared includes costs to be assessed
41 proportionate to staffs weighted salary, time spent completing task, degree of
42 complication, and vehicle usage; and
43
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44 WHEREAS, the Board heard testimony and evidence presented as to the
45 appropriate cost of prosecution schedule for code compliance cases.
46
47 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
48 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
49
50 Section 1. The foregoing recitals are hereby incorporated as if fully stated herein.
51
52 Section 2. Pursuant to Monroe County Code, the costs of prosecution associated with
53 a code compliance case is as follows:
54
55
56 (A) ALL CODE COMPLIANCE STAFF
57
58
1. Fifteen (15) Minutes
a. Case creation, research, permit review, phone calls, $18.00
etc.
59
60
61 (B) ADMINISTRATIVE/EXECUTIVE ASSISTANTS
62
1. Thirty (30) Minutes
a. Preparation for Special Magistrate hearing, $30.00
Postings, etc.
63
64
65 (C) INSPECTORS, LIAISON, COLLECTIONS FACILITATOR, RESEARCH
66 ANALYST
67
1. Thirty (30) Minutes $35.00
a. Notice of Violation/Notice of Hearing
b. Special Magistrate agenda prep and publication
c. Stipulated Agreements
d. Enlargements of Time to Comply
e. 75- and 90-Day Demand Letters
f. Mitigation Review
g. Filing Lien
h. Fine Reductions
i. AIS
j. Lien Release
k. Motion to Authorize Foreclosure
68
69
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70
71
72 (D) Sr. Director
73
1. Thirty (30) Minutes $50.00
a. Case review
74
75 (E) OTHER/MISCELLANEOUS FEES:
76
1. Litigation Actual amount
will be entered
2. Filing of Lien $52.00
3. Lien Release $60.00
4. Mailing, First Class/ Certified $1.00/unit
5. Temporary Certificate of Occupancy / Completion $100.00
77
78 Section 3. County staff shall be responsible for confirming the accuracy of the costs
79 due for each code case with the Sr. Director making the final decision.
80
81 Section 4. A total cost invoice is provided to the property owner after compliance has
82 been achieved. Costs are due and payable in thirty (30) days from the date
83 of the invoice unless otherwise ordered by the Special Magistrate.
84
85 Section 5. Liens are filed on the subject property for all unpaid costs in the amount of
86 $200.00 dollars of more.
87
88 Section 6. Liens are released upon receiving payment.
89
90 Section 7. The staff is hereby directed to implement these costs associated with code
91 cases on or after October 1, 2023.
92
93 Section 8 The Clerk of the Court is hereby directed to forward one (1) certified copy
94 of this Resolution to the Code Compliance Department.
95
96
97
98 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
99 County, Florida, at a regular meeting held on the day of September 2023.
100
Mayor Craig Cates
Mayor Pro Tern Holly Merrill Raschein
Commissioner Michelle Lincoln
Commissioner James Scholl
Commissioner David Rice
101
102
103
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104 BOARD OF COUNTY COMMISSIONERS
105 OF MONROE COUNTY, FLORIDA
106
107
108 BY:
109 Mayor Craig Cates
110
111
112 (SEAL)
113 ATTEST: KEVIN MADOK, CLERK
114
115 By
116 Deputy Clerk
117 MONROE COUNTY ATTORNEY
118 APPROVED AS TO FORM
119
120
121
122 KELLY DUGAN
123 ASSISTANT COUNTY ATTORNEY
124 Date: 9i1i23
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Auministrative Cost of Prosecution
Case# �_ .._..... 11aeetoT
�.....
T.
Date , Desei a��kla wwwww� Time Total Initial
__.. ........ _. _
10
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.. .......
3 6
--
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m
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( � 5. a0 tO ry_L,�_ ca _Qo fyl
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mwn
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:2vl; z I V %f- e AP V 1.11.70
a—zv _*V7 -
IAW
• �-
_._..................
Total Time
VEHICLE HOURLY RATE: Sedans: .35 per min. Pick-Up Trucks: .37 per min.
'Vehicle Rafe Is to be added to inspector rate*** Updated 6-22-18
V
3115
4 III
,A>,Aministrative Cost of Prosecutikj.i `
Case# 4 Inspector— _
Date Description Time Total Initial
022 ®N or,
a ,n on
Inn1a
r y," C 40
a a• a a�.e.. o ► 9. 4o r�
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3y
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D
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tio2Z1MGo
rr 2q r 1 tir . , Cot Botts �0 lvjty-% oti VAab
3 3 �aF� �ne� htGvin � zo (rYrll� moo u D
073 I7, 25 M,�.>5
w � _
� Total Time
ii
VEHICLE HOURLY RATE: Sedans: .35 per min. Pick-Up Trucks: .37 per min.
***Vehicle Rate is to be added to inspectorrate" Updated 6-22-18
3116
A -ainistrative Cost of Prosecuti
Case#,c5 _ Inspector_ _ ��(-MeL 't k)
p m
Date Description Time Total =nitial
.4a
2-1-Zoo 1 zZ esu,Q`� 5 I�lal 6,cQ-`
3--1�- 6 L l �►rn�
ke-M I noU- C N14 cR •, �a p n . �'1 aU
Z
7Z1
L2 - QrG r �Cec ff
2o, J 4j7 3 2n rr,to 23 00
�a • as Cent' rna.�-� ►o.� 4o
... '..
e
Total TimeXL—L
_
VEHICLE HOURLY RATE: Sedans: .35 per min. Pick-Up Trucks: .37 per min.
—Vehicle Rate is to be added to inspectorrate" Updated 6-22-18
3117
Zj
.__�ninistrative Cost of Prosecut_ .i
Case#_�� _._ Inspector__ 6atC_l G� _
Date Description L Time Total Initial
-q
l 5 r O I , , Q�m i`n �Q . �r,apj�,��.�-
,r 7 V
or Mm
A, £ink<� J J ����nti aac� ih� MTrG G0 min (,q_Uo tAea
I
Total Time
VEHICLE HOURLY RATE: Sedans: .35 per min. Pick-Up Trucks: .37 per min.
***Vehicle Rate is to be added to inspectorrate" Updated 6-22-18
3118
EXHIBIT #2
AFFIDAVIT O YN"THIA I M!LEHFR N IN L1PPQRT OF
STANDARDIZED METHODOLOGY FOR COSTS CALCULATIONS
IN CODE COMPLIANCE CASES
1. My name is Cynthia J. McPherson and make this affidavit of my own
personal knowledge. I have been employed with Monroe County in the
Code Compliance Department for over 10 years and have been employed
as the Senior Director of the department for the last 8 years.
2. I supervise the Code Compliance Department in all enforcement activities and
procedures set forth in the Monroe County Code of Ordinances, Chapter 8,
entitled Code Enforcement and Florida Statutes Chapter 162, entitled
Enforcement of County or Municipal Codes or Ordinances, Penalties.
3. Chapter 8, Section 8-29.(b) of the Monroe County Code of Ordinances
states in pertinent part, "If the county prevails in prosecuting a case
before the Special Magistrate, it shall be entitled to recover all costs
incurred in prosecuting the case and such costs may be included in the
lien authorized under Florida Statute 162.09(3) or Section 8-31 ".
4. 1 certify and attest that I conducted research regarding other neighboring
jurisdictions including the City of Key West, the City of Marathon, and
the Village of Islamorada. Research indicated that these jurisdictions
assess costs with a flat fee. Amounts varied from $150.00 to $250.00.
The Code Compliance departments in the aforementioned jurisdictions
vary from the County with respect to distance traveled for inspections,
method of notification of a violation (i.e. Citation vs Notice of
Violation/Notice of Hearing), and the number of cases prosecuted
monthly. None continue with the extended process of preparing Motions
for Foreclosure, Mitigation Hearings and/or AIS for further Litigation.
5. I certify and attest to the review of all code compliance employee job
functions and current rates of prosecution. Based on that review, I offer
the following recommendations for a standardized method of assessing
costs. The recommended dollar amount falls within the current range of
those employees in each job function and is fair and equitable.
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6. Results and recommendations.
....._ _ _....._................. _ _...._. _........
Cost/Minute
Job Function Range Minutes Recommended Cost
._._.... ...._ ..._n _ _ _.._ m.00
All staff $15 15-$24.30 15 $18
Administrative/Executive
._._._ _...._ _� ._...._. _.
00
e/Executive Assistant $28.40-$32.10 30 30
Admin istrattyeExecutive Assistant $56.40-$64.20 60 $60.00
Inspector, Liaison, Collections Facilitator,
Research Analyst $30.30-$48.60 30 $35.00
Inspector, Liaison, Collections Facilitator,
0.60- _...._
r $48.60 $53.00 30 $50.00
Sr^_.Direct.°.... ...._.....�........_._ _....� .............. .. .
AFFIANT FURTHER SAYETH NAUGHT
Dated: August 26,
Cy thia J. c erson 2023
STATE OF FLORIDA
COUNTY OF MONROE
Before me personally appeared Cynthia J. McPherson, who is personally
known to me and, who upon being placed under oath, affirmed that the statements set
forth above are true.
AFFIRMED AND SUBSCRIBED before me day of August, 2023.
Notary Public Signature and Seal
b, a LISA S.MARSHALL
ro MY CGMMISSIGN#HH 070328
. „;? EXPIRES:December 8,2024
Bonded Thru Notary Public Underwriters
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