HomeMy WebLinkAboutResolution 164-2025 1
3
4
5
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. 164 -2025
10
11
12 A RESOLUTION OF THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS WAIVING FINES AND COSTS AND
14 AUTHORIZING THE COUNTY ATTORNEY TO RELEASE A
15 CODE COMPLIANCE LIEN AGAINST JOAN SCHAWAROCH-
16 THOMAN REVOCABLE TRUST 2/18/2023 AND THE PROPERTY
17 AT 31329 AVENUE I, BIG PINE KEY, STEMMING FROM CODE
18 COMPLIANCE CASE PROP-MAY24-0040, RESCINDING AND
19 REPLACING RESOLUTION 144-2025.
20
21
22 WHEREAS, the subject property (31329 Avenue I, Big Pine Key, Parcel ID# 00307080-
23 000000) was the subject of Code Compliance Case PROP-MAY24-0040, where a lien (totaling
24 $5850.50)has been recorded against the property and its owner. The lien is recorded at Document
25 2482653,Book 3302,Page 1697. The lien is against the property owner,Joan Schwaroch-Thoman
26 Revocable Trust 2/14/2023, and the land on which the violation exists (the subject property) and
27 upon any other real or personal property owned by the violator; and
28
29 WHEREAS, in PROP-MAY24-0040 the property owner signed a Stipulation and a
30 violation of Monroe County Code (MCC) 17-2.(c) was found with a daily fine of $50. Fines
31 accrued to $4850 and costs of$1000.50; and
32
33 WHEREAS,upon reviewing the case for compliance, Code Compliance staff determined
34 that, notwithstanding the property owner entering a Stipulation, there existed an exemption to the
35 violation of MCC 17-2.(c). Had the exemption been timely raised, no fine or costs would have
36 accrued in the case; and
37
38 WHEREAS,the BOCC finds that a waiver of the fine and costs that accrued is warranted
39 due to the existence of an exception to the violation; and
40
41 WHEREAS, the BOCC finds that a release of the lien is warranted; and
42
43 WHEREAS, the County Code does not provide the County Attorney with the authority to
44 fully waive fines, waive costs, or issue a release without approval by the BOCC.
Resolution 164 -2025 Page 1 of 2
1
1 • WHEREAS, the BOCC previously approved Resolution 144-2025, however that
2 Resolution contained an error in identifying the subject property. This Resolution therefore
3 rescinds and replaces Resolution '144-2025 and corrects the identifying information of the subject
4 property.
5
6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
8 '
9 Section 1: The "Whereas" clauses set forth above are incorporated as findings by the
10 Board.
11
12 Section 2: The fine and costs that accrued in PROP-MAY24-0040,totaling $5850.50,
13 • are hereby waived.
14
15 Section 3: The County Attorney is authorized to issue a release of the lien recorded at
16 Document 2482653, Book 3302, Page 1697.
17
18 Section 4: Resolution 144-2025 is hereby rescinded and replaced.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
21 Florida, at a regular meeting held on the 16th day of April, 2025.
. 22
2 , ", •-, Mayor James K. Scholl Yes
;C .
El Mayor Pro Tern Michelle Lincoln Yes
2 ti ���� � y
2E Commissioner Craig Cates Yes
. 2 . Commissioner David Rice Yes
2 : 5 • Commissioner Holly Merrill Raschein Yes
,2F:. ..eit• . : (.):: : .
3 n .. ..;i.,,, BOARD OF COUNTY COMMISSIONERS
34 . • • . E OF MONROE COUNTY, FLORIDA
32
33 ,&
34 BY ,ia 41 -- ..1
*0 -
3 5 NOR JAMES K. SCHOLL
36
37,,,,..10,FAV
/5t {''' -'cre- y`'z,KEVIN MADOK, CLERK Approved as to form
j( ..+ram i.-,�f��" `�`�r�� •
"(A-;,P339., ��'` • { `� and legal sufficiency:
ili,.:'44:64tt
i,:ai 4ip". a'y�.�\ �,'....;.''•'4; td is� � \ M i':i4`J,'r,��� yid. .N.rP,, f���k�i i'L 1'J a 040 -..-:c 'e:D56/-- 3/31/25
Aple MISOtJ
,.�- - #.A1 +P �TY •CLERK Kelly Dugan
44 ~?�" z.7,-,- f` '':, ` Assistant Monroe County Attorney
'n-.� ""t�r,:y�%"*1 k4 „vim,
Resolution 164 -2025 Page 2 of 2