HomeMy WebLinkAboutItem K2 K2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
March 25, 2025
Agenda Item Number: K2
2023-3588
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Monroe County,
Florida v. Mark Schofield, 16th Judicial Circuit Case No. 18-CA-217-P.
ITEM BACKGROUND:
Per F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement negotiations or
strategy sessions related to litigation expenditures. Present at the meeting will be the County
Commissioners, County Administrator Christine Hurley, County Attorney Bob Shillinger, Assistant
County Attorney Kelly Dugan, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
02-21-18 BOCC Meeting, Item 3834 - Authorization to initiate litigation regarding CE10040067.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Hold the closed session.
DOCUMENTATION:
Closed Session Script for Schofield March 25 2025.docx
2025-01-21 Schofield Settlement..pdf
FINANCIAL IMPACT:
Total Cost to County: Court Reporter Costs
Budgeted: Yes
2986
Source of Funds: 67501-530330
2987
Mayor's Script
For the day of Closed Session
The following should be read at the appropriate point during the day of the closed session.
1. Prior to going into closed session.
A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be held
concerning the matter of Monroe County, Florida v. Mark Schofield, 16'h Judicial Circuit Case No. 18-CA-217-P.
It is estimated that this meeting will take approximately thirty (30) minutes. The persons attending the closed
meeting will be the County Commissioners, County Administrator Christine Hurley, County Attorney Bob
Shillinger, Assistant County Attorney Kelly Dugan, and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, the
county administrator,the attorneys for the county, and the court reporter will now remain in this meeting room, and
all other persons are required to leave the room. When the closed session is over, we will re-convene and re-open
the public meeting. This public meeting is now closed.
2. At the beginning of the closed session.
I now call this closed session to order. For the record, this meeting is being held upon the request of the
County Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 02/19/25 that he needed advice
in the matter of Monroe County, Florida v. Mark Schofield, 16'h Judicial Circuit Case No. 18-CA-217-P. At that
meeting, the Board approved holding a closed session and public notice was given through public announcement
of the meeting at the 02/19/25 BOCC meeting and through publication of the 03/25/25 BOCC meeting agendas on
the County's website.
For the record, and the benefit of the court reporter, each of us will state our name and position starting
with the commission.
(After all have identified themselves) —Thank you.
Just as a reminder, we will only be discussing settlement negotiations or strategy related to litigation
expenditures. We cannot take any decisive action at this meeting. We can only provide information and direction
to the attorneys. Any decisions this Board makes concerning this claim must be done in a meeting open to the
public.
Let's start our discussion with the County Attorney.
3. At the end of the closed session,prior to going into open session.
This closed session is now terminated and we will now reconvene in the public meeting.
4. After the public session has been re-opened.
The attorney-client closed session has been terminated, and we are now re-opening this public
meeting.
2988
E-mail. ANDREW M. TOBIN PA
Tobinlaw@terranova.net Administrative Law
Tel. Attorney at Law Appellate Practice
305-852-3388 Commercial Litigation
Mailing 92400 Overseas Hwy, Ste. No. 7 Land Use/Zoning Law
P.O. Box 620
Tavernier,FL 33070 Tavernier FL 33070 Property Law
Real Estate Closings
Title Insurance
Via Email
January 21, 2025
Bob Shillinger, Esq.
County Attorney - shillin�4er-bob(i)monroecount�fl.gov
Key West, Florida
Re: Monroe County v. Mark Schofield- Case No. 18-CA-217-P
Dear Bob;
The purpose of this letter is to explore a possible settlement of the above referenced case. Let me
start by saying Cynthia Hall represented the County's interest well and should be commended.
Also, I am not seeking to retry the legal issues. We lost at the trial level and on appeal, and there
is no point in rehashing the rulings. With that said, I offer the following.
The Unsafe Referral. (Ex. 1) On August 2, 2010, the Building Official issued an
Unsafe/Unsanitary Referral with the following Comments: "Broken out windows; Facia and roof
trusses rotted; Fence falling down,post rotten, abandoned." (Ex. 1).
The Notice of Violation (Ex. 2). Because the NOV does not describe the extent of the violations
Mr. Schofield arranged a meeting with Inspector Diane Link, who informed him what he needed
to do. Inspector Link did not provide Mr. Schofield with a copy of the Unsafe Referral.
Mr. Schofield then signed a Stipulation that imposed a$500 per day fine if he failed to comply
and waived his right to challenge any future orders. Mr. Schofield signed a second stipulation to
extend the compliance date. It is undisputed that Mr. Schofield repaired the window, mowed the
grass, removed some of the rotted facia and arranged for his neighbor to remove the rotted fence.
He did not get a final inspection and there was a debate at the 2023 trial, as to what work was
required and performed in 2010.
2015 Collection Letter. (Ex. 3) Mr. Schofield believed he complied with Ms. Link's directives,
and was shocked when he received the County's standard "collection letter" informing him "the
County's records indicate the violations remain on your property . . . and the fines will continue
to run until the property comes into compliance" and to disregard the letter if he had hooked up
to the sewer. By that time the $500 per day fine was over$800,000.
The 2015 Foreclosure. The bank filed a mortgage foreclosure action against Mr. Schofield and
the County filed a cross-claim to foreclose the code enforcement lien/fines. After discussions
with Steve Williams, Mr. Schofield believed he could resolve the violations and he arranged to
pay off the mortgage in full. The bank and the County dismissed the pending foreclosure actions.
Mr. Schofield had several meetings with the Building Official and had a registered engineer
prepare a report that showed the structure could be repaired.
1
2989
The 2018 Foreclosure. In a nutshell, the Court rejected our constitutional "due process"
challenge to the foreclosure action because the Unsafe Referral, the Notice of Violation and the
Final Order are ambiguous and lack specificity.
The Prior/Current Unsafe Ordinances. To support our legal challenge we provided the Court with
the current code that requires the Building Official to actually visit the property and to specify
"the unsafe physical criteria and the suggested methods for abatement or remediation." (Ex. 3 §6-
7 "Unsafe Building" ). The code in effect in 2010 did not require the Building Official to specify
what was unsafe or the necessary remediation.
In a perfect world a) Mr. Schofield would not have relied on the Inspector and would have been
more vigilant; b)the Inspector would not have met with Mr. Schofield and would have arranged
a meeting with a building official, who would have provided specific criteria about the violations
and the required remediation; and c) In the event Schofield failed to remediate as required, the
County would have given Mr. Schofield fair notice that the failure to correct the specific unsafe
issues by a date certain would result in a demolition order and a lien on the property for about
$15,000 (instead of$2.2 million)which the County could have foreclosed at any time.
Conclusion. The Courts are tasked with resolving the legal and constitutional issues. However,
the BOCC has the inherent authority to determine whether it is fair and whether justice is served
by foreclosing on the $2.2 million lien. I would like to believe there is a fair and just alternative
and offer the following.
Mr. Schofield agrees and will stipulate to the entry of an enforceable amended final judgment
prepared by the County Attorneys Office that requires the following: 1) Mr. Schofield will apply
for and obtain a demolition permit and demolish the structure within 45 days after the demolition
permit is issued; and 2)Mr. Schofield will pay a $75,000 fine and pay $50, 000 for the County's
attorneys fees (total $125,000)no later than 12 months after the amended final judgment is
entered or earlier if the property sells. The County Attorney can maintain its $2.2 lien and
foreclose the lien if Mr. Schofield fails to comply.
Please present the offer to the Board of County Commissioners at your earliest opportunity.
Thank you again for your professional courtesies in speaking with me about the case.
Sincerely yours,
2
2990
QNSAFEWNSANITARY REFERRAL
TO Joe Paskalik, Building Official
THROUGH: Ronda Norman, Sr. Director, Code Enforcement
FROM: 1-'illlyl) 7y)
SUBJECT: Referral for Unsafe/Unsanitary property/Structui,e(s)/Systemi(s)I
DATE: It�XX/0
Attached please find photographs/documents r,egardingw
CODE ENFORCEMENT CASE- /(12 6 -7 for your review.
Owner/ Tenaft 6C- 6)
KEY:
COMMENTS: --43 Vcp -0 1 A,
el,
5 7
have reviewed the documents/photographs provided to me regarding the above Code
Enforcement Case. Based upon the photographs/ documents provided to me, it is my
opinion, that the conditions, of the property, structure(S) and/or system(s) are deemed to
be:
jP� Unsafe per Monroe County Code and will will not require a building
errt-i'i't to bring the violation(s) into compliance.,
Unsanitary per Monroe County Code and will)— will not require a permit to
bring the violation(s) into compliance,
2
Jbe' Paskalik, Building Official Date
PLAINTIFF'S
CASE# 18-CA-217-P EXHIBIT
PLAINTIFF/PETITIONER
ID G-1 DATE
EXHIBIT DATE 2991
' County of Monroe 1 23
Code Enforcement Department
2798 Overseas Highway r `
Marathon, Florida 33050
NOTICE OF VIOLATION/NOTICE OF HEARING
To: SCHOFIELD MARK H Case Number: CE10040067
18161 SW 84TH AVENUE
MIAMI, FL 33157
Location: 114 W AVENUE A-K.L.T.V. , KEY LARGO, FL 33037
Re Number: 00461740000000
DEAR PROPERTY OWNER,
You are hereby notified that an investigation of the above property on 05 08/2010 found the
following violation(s):
21-20.(b) - PREMISES TO MOWED
Property needs to be mowed.
Corrective Action Required:
Mow the premises upon reciept of this notice of
violation. The property must be mowed to a height not to
exceed eight(8) inches. Mowing does not include or
authorize the removal of native vegetation or vegetation
that would require a permit for it's removal.
6-27.(b)(2)b -UNSAFE/STRUCTURAL DETERIORATIO
The Residence and all structures including the
wooden fence have been deemed unsafe by the
Building official due to the structural intergrity
and delapidation of the construction.
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO DEMOLISH THE OFFENDING STRUCTURE/STRUCTURAL
PARTS OR OBTAIN A PERMIT TO BRING THE STRUCTURE/
STRUCTURAL PARTS UP TO CODE. NO EXTRA TIME TO COMPLY WILL BE
GIVEN AS THIS VIOLATION POSES A SERIOUS THREAT TO PUBLIC
HEALTH SAFETY AND WELFARE.
6-27.(b)(2)i -UNSAFE ABANDONED COVERINGS
The building is vacant and abandoned and has been
deemed unsafe by the Building Official.
CASE# 18-CA-217-P
1 PLAINTIFF/PETITIONER
ID H-1 DATE 2992
EXHIBIT DATE
Corrective Action Required:
CONTACT THE MONROE COUNTY BUILDING DEPARTMENT AND OBTAIN A
PERMIT TO BRING LJPTO CODE OR DEMOLISH AS REOUIRED.
REMOVE ALL TJNAPPROVED COVERINGS AS DIRECTED, NO EXTRA TIME
TO COMPLY WILL BE GIVEN AS THIS VIOLATION POSES A SERIOUS
THREAT "I PUBLIC HEALTH SAFETY AND WELFARE.
PLEASE TAKE NOTICE that a Public Hearing will be conducted by the Special Magistrate in the
above case on 08/2,6/2010 at 9:00 AM in the Monroe County Government Regional Center,
2798 Overseas Hwy, Marathon, Florida.
TO AVOID ATTENDIN-G THE HEARTNG, all violation(s) noted above must be corrected by
08/1112010 If a violation is corrected and then recurs, or if the violation is not corrected by the firne
specified, or ifthe violation is a repeat violation, the case inay be presented to the Code Enforcement
Special Magistrate even if the violation has been corrected prior to the hearing.
Failure to correct the violation(s) rnay result in the imposition of costs of prosecution and fines, not to
exceed $1,000 per day per violation for a first violation, $5,000 per day per violation. for a repeat
violation, and Lip to $15,000 per violation if the Special Magistrate finds the violation to be irreparable
or irreversible in nature. If the County is forced to correct your violation(s), the Special Magistrate will
order all costs incurred to be reimbursed to the County. THE IMPOSITION OF FINES AND/OR.
COST'S MAY RESULT IN A LIEN AGAINST YOU AND YOUR PROPERTY.
You may appear in person and/or be represented by an attorney or authorized agent. If you are
represented by an attorney, your attorney is required to file a written notice of appearance with this
office prior to the hearing.
You may request a continuance of the hearing for good cause shown unless an unsaIC violation is
alleged, tJnsafe violations pose a serious threat to the public Health., Safety and Welfare . If you
Choose to request a continuance, a written request on the County's l'orin must be made Five (5) business
days before the date of the hearing. A request for continuance DOES NOT GIJARANTEE a
postponement Of YOUr hearing. Contact the of of the Liaison for the Special Magistrate to submit
your request: 2798 Overseas Highway, Suite 330, Marathon, FL 33050; Phone: (305) 289-2509,- Fax:
(305) 289-2858,
Num IF YOU DECIDE 'r(') APPEAL any decision by the Special Magistrate, you will need to
ensure that a verbatim record of the proceedings is made, which. shall include the testimony and
evidence upon which the appeal is to be based.
IT is YOUR RESPONSIBILITY TO CONTACT TIJE CODE ENFORCEMENT INSPECTOR to
confirm that you do not need. to attend the hearing(s). Please contact your inspector at the appropriate
location:
WHITE, ALAN
,Code Enforcement Inspectt,)r
CASE# 18-CA-217-P
2 PLAINTIFF/PETITIONER
ID H-2 DATE
EXHIBIT DATE 2993
Lower Keys: 5503 College koad, Suite 204
Key West, FL 33040 (305) 292-4495
Middle Keys- 2798 Overseas Highway, Suite 330
Marathon, FL 33050 (305) 289-2810
Upper Keys.- 102050 Overseas Highway
Key 1-argo, FL 33037 (305) 453-8806
CERTIFICATION OF SERVICE
.1 her by certify that a copy hereof has been ftirnished to the above named addressee(s) by Certified
Mail, Return Receipt Request No,: 7005 0390 0002 4043, 441 08/04/
Code forc`eynerit Department
IF SERVICE IS NOT OBTAINED BY CERTIFIED RETURN RECEIPT MAIL, A TRUE AND
ACCURATE COPY OF THIS NOTICE WILL BE POSTED AT 'rHE SUBJECTPROPERTY AND
THE MONROE COUNTY COURI.'HOUSE,
ADA ASSISTANCE: If you are a, person with a disability who needs special accornmodations in.
order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 29'2-4441, between the hours of 8:30 a.m. .- 5:00 pm., no, later than ten (1,0 calendar
days prior to the scheduled meeting; if you are hearing or voice impaired, call "711".
CASE# 18-CA-217-P
PLAINTIFF/PETITIONER
ID H-3 DATE
EXHIBIT DATE 2994
ounly of Monroe
Growth Management Division
Code Corrr2tiance Delm rt ent
,�' ����� �� a+a� Board of CrrunrtNr Commissioners
7 (Dverseas tlr taea apy Mayor reruns 1 .t4 ottttag,r UsL I
Marathon.Florida 33050M kwor Prra em Heather Carruthers,D st.
Voice (305)289-28 10 George:Neu gent,Dim CeaX:( f)a12 cy_2 a'ro � � Dm,ir Rke.Dist 4
� ~ Sylvia.t.Murphy,Dim.a
MARK 1 CHOFIELD
PALMETTO BAY, L 3 157-6013
April 16 201.5
Subject: Code Case: CE 10040067
Location: 114 W A. '1?NR J A. ICICsY i,ARGOC 1r1:,33037
Dear Property Owner,
The pUrp'ose of this letter is to inform you that Monroe CCurrty, Florida has imposed as lien(s) against your
larolaer8.y aas as reSUIt of the above referenced code compliance actions, This lien is as hen on the property that was
the suabliec,i ofthe code carrrrpluaarice action and upon any and all other real and/or personal property you mvn,
Please, bake notice that as Public Hearing will be conducted by, the Code Conalwlnanace Special Maa ,i,tr;aate c°rrn May
28, 2015. rhe purpose of"dais hearing is to consider approval to innitiaale collection proceedings, (cararn•alalainrt for
f6reclosure and/or money jud menat).
Our records, indicate that die violations renaaain Tara :POUF lau°cr}aerty and the fines will continue to run until the
Property comes into compliance, If you have aachieNye 1 coinphaance, icase contact your Clod Iansl-rumm• at the
appropriate location.,
Lower revs: 5503 College board, Suite 204
Key West, FL., 33040 (31'5)292_4495
Middle revs; 2 798 Overseas Highway,;hway, Suite:330
Marathons, F1,'33050 (305)289-28 1
Upper Keys: 102050 Overseas Highway
Key, Largo, FL 33037 (305)d-53-81806
If this Case irrVolves a eWer• CCrnnneetiorr. and you have achieved Compliance., please contact lrnspector Traci
choennrocic at(305)292-449&
Additionally, pursuara to F,& 162.07(2), the County is entitled to recover all costs incurred in prosecuting the,
case and those Costs are included in the Bern authorized Under ES, §162,0 (3), These casts,will contiruue to accrue
until the violations are corrected and the case is closed,
Respectfully yearns,
Kathleen Windsor
n Code Compliance Research Analyst;
"rurclr,11 l ai)Cl e11 r)nrnaanrcjegwrsrrty-))..1 gAn
305_2 9-25 £i
CASE# 18-CA-217-P
PLAINTIFF/PETITIONER
ID P-1 DATE 2995
EXHIBIT DATE
MONROE COUNTY FLORIDA
CODE ENFORCEM"F"N'T DEPARTME.Yr
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CASE# 18-CA-217-P
PLAINTIFF/PETITIONER
ID P-2 DATE
EXHIBIT DATE 2996
Sec. 6-27. Unsafe buildings.
(a) Definitions:All buildings, structures,electrical,gas, mechanical or plumbing systems which are unsafe,
unsanitary,or do not provide adequate egress,or which constitute a fire or windstorm hazard,or are
otherwise harmful or dangerous to human life,or which in relation to existing use,constitute a hazard to
safety or health shall be deemed to be unsafe structures by the Building Official or his/her authorized
designee and a permit shall be obtained to demolish the structure or where specifically allowed by this
section,to bring the building into compliance with the applicable codes as provided herein.
(b) Physical criteria.
(1) A building shall be deemed a fire or windstorm hazard and/or unsafe when:
a. There is an accumulation of debris or other material therein representing a hazard of
combustion.
b. The building condition creates hazards with respect to means of egress and fire protection.
(2) A building,or a part or portion thereof,shall be deemed unsafe by the Building Official or his/her
authorized designee if:
a. There is a falling away, hanging loose or loosening of any siding, block, brick,or other building
material; or
b. There is a deterioration of the structure or structural parts; or
C. The building is partially destroyed;or
d. There is an unusual sagging, rippling,torsion,or leaning out of plumb of the building or any parts
of the building and such effect is caused by deterioration or over-stressing;or
e. The electrical, plumbing or mechanical installations or systems create a hazardous condition
contrary to the standards of the Florida Building Code and the National Electric Code;or
f. There is electrical service at or in the building or structure,without a permit having been
obtained as required by the Florida Building Code; or
g. An unsanitary condition exists by reason of inadequate, insufficient,or malfunctioning sanitary
facilities or waste disposal systems; or
h. There is no potable water service or electrical service; or
i. The construction,enlargement,alteration, repair or demolition of the building or part thereof or
the impact resistant coverings of the building or construction or the installation of systems or
components within the building or structure has been commenced or completed without a
permit having been obtained as required by the Florida Building Code or where the permit has
expired prior to appropriate inspections and completion or when a building or structure is
occupied prior to the issuance of a certificate of occupancy or certificate of completion;or
j. The building or structure is vacant and abandoned,and covered at doors or windows with
materials not previously approved by the Building Official; or
k. The building or structure has been substantially damaged by the elements,acts of God,fire,
explosion or otherwise;
I. The building is being used illegally or improperly pursuant to the Florida Building Code; or
i. A change in the existing use originally approved or a previously-approved existing use has
occurred without required permits, inspections,and/or approvals;or
Created: 2023-01-19 10:42:02 [EST]
(Supp. No.26 Update 1)
Page 1 of 4
2997
ii. A change in occupancy classification of a building or structure or portion thereof has
occurred that does not comply with the Florida Building Code;or
iii. Maintenance of conditions of occupancy or requirements of the existing occupancy
classification of a building or structure or a portion thereof does not comply with the
Florida Building Code from the time period when the building was originally constructed or
with the code in effect at the time of construction;and
m. The building or part thereof meets the physical criteria of an unsafe structure set forth above in
Section (b)(1)(a)and/or(b)and/or Section (b)(2)(a)-(I), as determined by the Building Official or
Fire Marshall,with proper notice as defined in Chapter 6-27,Section (d).This provision does not
supersede the authority of the Building Official under the Florida Statutes or the Florida Building
Code.
(c) Abatement:
(1) All unsafe buildings,structures or systems are hereby declared illegal and shall be abated by repair and
rehabilitation or demolition.
(2) All swimming pools or spas that contain stagnant water or do not conform with Section 424.2.17 of the
Florida Building Code are deemed unsanitary and/or dangerous to human life and public welfare. If the
stagnant water is not removed and/or all repairs made and brought into full compliance with the
building code within a reasonable period of time,then these swimming pools or spas will be
demolished.
(d) Notice. When the Building Official or his/her authorized designee has after
inspection declared or deemed a building, structure, electrical, gas,
mechanical or plumbing system to be unsafe, then the Building Official or
his/her authorized designee shall issue a written unsafe declaration and/or
notice of violation/notice of hearing specifying the unsafe physical criteria,
the suggested methods for abatement or remediation, the time period
allowed for the required abatement or remediation, and that the matter
will be referred to code compliance and be prosecuted by the code
compliance department if left uncured following expiration of the time
period prescribed by the Building Official for that particular declaration.
The unsafe declaration and/or notice of violation/notice of hearing shall
state that the specific details concerning the violations can be obtained in
writing from the Building Official or his or her designee upon request. In
addition, the notice will explain the right of appeal of the decision of the
Building Official or his or her designee to applicable appellate tribunal, and
advise that the jurisdictional time period to file an appeal is 30 days.
The written unsafe declaration and/or notice of violation/notice of hearing shall be mailed
to the owner of the property in question at either the address listed in the property
appraiser's database as shown on the property record card for the parcel, or at the address
Created: 2023-01-19 10:42:02 [EST]
(Supp. No.26 Update 1)
Page 2 of 4
2998
listed in the tax collector's office for tax notices via first class mail. The unsafe declaration
and/or notice of violation/notice of hearing shall also be affixed to the building concerned.
The Building Official or his or her designee, in his or her discretion, also or alternatively
may elect to publish a notice in a newspaper of general circulation once a week for two
consecutive weeks; the published notice shall contain the address of the subject property
and the names of the owner and any interested party, and state that the subject property
has been found unsafe and in violation of the Florida Building Code or this chapter and
may be subject to demolition.
If the unsafe physical criteria are not abated or remedied within the designated
reasonable period of time prescribed by the Building Official or his/her designee, then
the matter shall be referred to the code compliance department for prosecution before
the code compliance special magistrate. Upon expiration of the period of appeal provided
in the unsafe declaration and/or notice of violation/notice of hearing, the Building Official
may record an appropriate instrument in the Official Records of the Clerk of Court,
indicating that the property is in violation of the Florida Building Code or this chapter. The
recording of the unsafe declaration and/or notice of violation/notice of hearing shall
constitute constructive notice of the violation to all concerned, subsequent purchasers,
transferees, mortgagees, lessees, grantees, and all persons claiming or acquiring interest in
the property. In the event that the violation(s) is corrected, the Building Official shall file
proof of the same upon payment for all fees incurred by the Building Department. This
provision does not supersede the authority of the Building Official under the Florida
Statutes or the Florida Building Code.
(e) General.
(1) All buildings now existing or hereafter constructed or developed, and all parts and
portions thereof, shall be continuously and uninterruptedly maintained in a safe
condition, and all devices or safeguards that are required by the Florida Building Code
or this chapter shall be continuously and uninterruptedly maintained in good working
order in compliance with all applicable codes.
(2) The Building Official or his or her designee, on his or her own initiative or as a result of
reports from others, shall examine or cause to be examined every building appearing
or reported to be unsafe, and if such is found to be an unsafe building as provided for
in this section, the Building Official or his or her designee shall proceed as set forth in
this section.
(3) A building meeting the criteria of an unsafe building set forth above in Section (b)(1)(a)
or (b) and/or a criterion under Section (b)(2)(a)—(I), shall be presumed and deemed
or declared unsafe and a permit shall be immediately obtained to demolish the
building and remove it from the premises or where specifically allowed under the
Monroe County Codes, the Florida Building Code, and the Monroe County
Comprehensive Plan, to immediately bring the building into compliance with such
Codes and Comprehensive Plan.
Created: 2023-01-19 10:42:02 [EST]
(Supp. No.26 Update 1)
Page 3 of 4
2999
(4) Incomplete buildings commenced without a permit or for which the permit has
expired, or completed buildings commenced without a permit or for which the permit
has expired, prior to completion and no certificate of occupancy has been issued, shall
be presumed and deemed or declared unsafe and a permit shall be immediately
obtained to demolish the building and remove it from the premises or where
specifically allowed under the Monroe County Codes, the Florida Building Code, and
the Monroe County Comprehensive Plan, to immediately bring the building into
compliance with such Codes and Comprehensive Plan.
(5) Buildings that are, or hereafter shall become, unsafe, unsanitary, or deficient,
facilities with inadequate means of egress, or which constitute a fire or windstorm
hazard, or are dangerous to human life or public welfare by reason of illegal or
improper occupancy, use, or maintenance, or which have been substantially damaged
by the elements, acts of God, fire, explosion or otherwise, shall be declared or
deemed or declared unsafe buildings or structures and a permit shall be immediately
obtained to demolish the building and remove it from the premises or where
specifically allowed under the Monroe County Codes, the Florida Building Code, and
the Monroe County Comprehensive Plan, to immediately bring the building into
compliance with such Codes and Comprehensive Plan.
(6) All costs incurred pursuant to any of the provisions of this chapter or under the
Florida Building Code shall be paid by the owner(s) or occupant(s) of the premises on
which the violation occurred.
(7) The enforcing county department, including but not limited to the code compliance
department and the Building Department, may institute a suit to recover such
expenses against any liable person or may cause such expenses to be charged against
the property on which the violation occurred as an enforceable lien.
(8) The action of the Building Official and/or Fire Marshal deeming or declaring a building
to be unsafe shall not be construed as authorizing unpermitted or unapproved
construction, development, additions, replacements, repairs, renovations, or
demolition. All required permits and approvals must be obtained prior to the
commencement of any such work.
(Code 1979, § 6-4; Ord. No. 010-2002, § 2; Ord. No. 015-2008, §§ 1, 2; Ord. No. 022-2011, § 1 ;
Ord. No. 027-2022 , § 2)
Created: 2023-01-19 10:42:02 [EST]
(Supp. No.26 Update 1)
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