Item S4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: S.4
Agenda Item Summary #10506
DAY OF MEETING ADD-ON Item S-4
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
Yes
AGENDA ITEM WORDING: Presentation of settlement offer from property owner in the matter
of Monroe County v Pierre G. Delago, Jr., No. 20-CA-666-K, a code lien foreclosure case.
ITEM BACKGROUND: This matter began with Code Case CE18090059, regarding a mobile
home on a property owned by Pierre Delago, that was unsafe and needed to be demolished. The
Code case began in 2018. A Final Order was issued on 5-2-2019. On 10-19-2020, the County filed
the lien foreclosure action against the property owner, Mr. Pierre G. Delago, Jr., in the Sixteenth
Judicial Circuit in Monroe County, Florida (Case No. 20-CA-666-K). On 3-8-2022, the County
obtained a default judgment in the lien foreclosure case. The property is currently set for auction at a
Foreclosure Sale on April 22, 2022.
In 2021 (after the Final Order and the filing of the lien foreclosure case), the property owner
obtained Permit # 21102833 for demolition, which corrected the violations (demolition was
complete on 1-14-2022). The property is now a vacant property at 31473 Avenue F, Big Pine Key,
FL.
Total accrued fines and costs equal $267,877.87 ($265,800.00 fines and $2,077.87 costs). Under
Resolution No. 148-2008, the County Attorney's Office is authorized to resolve code compliance
liens for 25% of accrued fines and 100% of accrued costs. In this case, the resulting amount would
be $68,527.87. Those standards were set in contemplation of settlement prior to the County
Attorney’s Office expending the time and money engaging in litigation to initiate litigation.
The property owner, through a family representative, has requested to pay $23,000, payable within
60 days. The property owner has requested that this settlement offer be presented to the BOCC. The
County Attorney’s Office is ethically obligated to present settlement offers to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:9/18/2019: The BOCC authorized the County
Attorney’s Office to initiate litigation.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Reject the settlement offer. Counter offer at $134,977.87 (50%
of fines $132,900 plus $2,077.87 in costs).
DOCUMENTATION:
Code Compliance case notes Delago as of 4-5-2022
Agenda Item D5 18 Sept 2019 Delago AIS 5970
Delago Final Order
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A – discussion and direction
Additional Details:
N/A
REVIEWED BY:
Cynthia Hall Completed 04/18/2022 9:23 AM
Bob Shillinger Completed 04/18/2022 10:27 AM
Purchasing Skipped04/14/2022 4:04 PM
Budget and FinanceSkipped 04/14/2022 4:04 PM
Brian Bradley Skipped 04/14/2022 4:04 PM
Lindsey BallardCompleted 04/19/2022 9:37 AM
Board of County Commissioners Pending04/20/2022 9:00 AM