Resolution 285-20231
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 285 -2023
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ESTABLISHING A COST OF
PROSECUTION SCHEDULE TO BE IMPOSED IN CODE COMPLIANCE
CASES; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the County provides an effective and equitable method of
enforcement to ensure the health, safety, and welfare of the citizens of Monroe County;
and
WHEREAS, Section 162.09(1), Florida Statutes and Monroe County Code
Section 8-31 (a) give the Special Magistrate appointed to hear Code Compliance cases
the authority to impose fines and costs including the cost of repairs if the County is forced
to make repairs, after a finding that the property owner has violated the Monroe County
Code(s); and
WHEREAS, Section 162.09(3), Florida Statutes and Monroe County Code
Section 8-29 (b) provides if the County prevails in prosecuting a case before the Special
Magistrate, the County is entitled to recover all costs incurred in prosecuting the case;
and
WHEREAS, the Monroe County Board of County Commissioners wish to provide
the citizens of the County an equitable method of calculating these costs; and
WHEREAS, the Board finds that costs are only assessed in the event compliance
is not achieved prior to hearing and the Special Magistrate determines violation; and
WHEREAS, the Board finds that costs assessed by the Special Magistrate
continue until compliance is achieved and the code case is closed; and
WHEREAS, the cost schedule was prepared by the Code Compliance Department
providing direct costs associated with a code compliance case from creation to resolution
and is to be reviewed every three years; and
WHEREAS, the cost schedule prepare
proportionate to staff's weighted salary, time
complication, and vehicle usage; and
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d
includes costs to be assessed
spent completing task, degree of
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WHEREAS, the Board heard testimony and evidence presented as to the
appropriate cost of prosecution schedule for code compliance cases.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The foregoing recitals are hereby incorporated as if fully stated herein.
Section 2. Pursuant to Monroe County Code, the costs of prosecution associated with
a code compliance case is as follows:
(A) ALL CODE COMPLIANCE STAFF
1. Fifteen (15) Minutes
a. Case creation, research, permit review, phone calls,
etc.
$18.00
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ADMINISTRATIVE/EXECUTIVE ASSISTANTS
1. Thirty (30) Minutes
a. Preparation for Special Magistrate hearing,
Postings, etc.
$30.00
(C) INSPECTORS, LIAISON, COLLECTIONS FACILITATOR, RESEARCH
ANALYST
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
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(D) Sr. Director
1. Thirty (30) Minutes
$50.00
a. Case review
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75 (E) OTHER/MISCELLANEOUS FEES:
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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
Section 3. County staff shall be responsible for confirming the accuracy of the costs
due for each code case with the Sr. Director making the final decision.
Section 4. A total cost invoice is provided to the property owner after compliance has
been achieved. Costs are due and payable in thirty (30) days from the date
of the invoice unless otherwise ordered by the Special Magistrate.
Section 5. Liens are filed on the subject property for all unpaid costs in the amount of
$200.00 dollars of more.
Section 6. Liens are released upon receiving payment.
Section 7. The staff is hereby directed to implement these costs associated with code
cases on or after October 1, 2023.
Section 8 The Clerk of the Court is hereby directed to forward one (1) certified copy
of this Resolution to the Code Compliance Department.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 20th day of September 2023.
Mayor Craig Cates
Yes
Mayor Pro Tem Holly Merrill Raschein
Yes
Commissioner Michelle Lincoln
Yes
Commissioner James Scholl
Yes
Commissioner David Rice
Yes
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As Deputy Clerk
MONROE COUNTY ATTORRIET"
APPROVED AS TO FORM
111glIA, lil-I 11 KIA, Ouqa�
DN: cn=Kelly Dugan, o=Mon—
Kelly Dugan County BOCC, ou, mail=dugan-
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Dat�: 2023.09.01 12:58AS -04'W'
KELLY DUGAN
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Date: 9/1/23
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