09/21/2016 Agreement I
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CLERK OF CIRCUIT COURT & COMPTROLLER
"�_ `�\ IYIONROE COUNTY, FLORIDA
DATE: December 22, 2016
TO: Bob Shillinger,
County Attorney
ATTN: Steve Williams, Assistant County Attorney
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller 0
At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item P9 Approval of a settlement agreement in the matter of Code Enforcement
Case CE06010030. This is regarding a code compliance lien regarding real property located at 57 Ed
Swift Road, Big Coppitt Key FL.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
RECEIVED
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• MONROE COUNTY ATTORNEY
County of Monroe %`
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, Dist. 3
Mayor Pro Tem George Neugent, Dist. 2
The Florida Keys Danny Kolhage, Dist. 1
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Douglas Ruiz Hernandez, current
owner of the property, hereby agree to settle the existing code enforcement liens imposed by the
Special Magistrate regarding real property located at 57 Ed Swift Road, Big Coppitt Key, Monroe
County, as follows:
1. The County brought an action in 2006 to enforce compliance against Maria L. Ruiz, and her
property located at 57 Ed Swift Road, Big Coppitt Key, Monroe County, Florida,
(RE:00121370- 000000) ( "the Property ") as a result of violations found in Code Enforcement
case CE06010030.
2. Douglas Ruiz Hernandez was given title to the property via a Quitclaim Deed from his mother
on December 2, 2011. At that time the outstanding lien remained unsatisfied. The fine of
$150.00 per day had accrued for 2023 days, (May 19, 2006 - December 2, 2011) for a fine total
of $303,450.00.
3. Compliance had not been achieved; therefore the daily fines continued to accrue. Mr.
Hernandez achieved compliance of the violation with the issuance of permit 15105626 for the
demolition of all structures. The permit was inspected and closed on December 1, 2015. As a
result, a daily fine of $150.00 per day accrued an additional 1460 days (December 2, 2011 -
December 1, 2015) for a total of $219,000.00.
4. Therefore the total amount of accrued fines is $522,450.00. Additionally per F.S. § 162.07(2),
if the local governing body prevails in prosecuting a case before the enforcement board, it shall
be entitled to recover all costs incurred in prosecuting the case before the board and such costs
may be included in the lien authorized under s. 162.09(3). To date, these costs are $1,487.35
and costs will continue to accrue until the violations are corrected and the case is closed.
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5. Douglas Ruiz Hernandez agrees to:
• Pay $10,000 to Monroe County as a partial payment of fines; and
• Pay $1,487.35 to Monroe County as costs in full;
6. Payment shall be made within 30 days of the approval from the Board of County
Commissioners of this settlement agreement directly to: Monroe County Code Compliance,
Attn: Nicole Petrick, 2798 Overseas Highway, Marathon, FL 33050.
7. Once the outstanding settlement amount is received in full, the County will issue a release and
satisfaction of the underlying code enforcement lien(s) for filing by Mr. Hernandez in the
Official Records of Monroe County.
8. Failure to comply with the terms of this agreement will negate the County's fine reduction
offer, the fine amount will revert to the full unreduced amount of $522,450.00 and the County
will proceed with litigation actions to collect on the outstanding lien(s) in this case and the
costs will continue to accrue until the case is closed.
9. By entering into this agreement, each party agrees to waive any and all claims that it could
have raised and/or potential claims that it might have been able to raise as a result of the Code
Enforcement case.
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Dou: as Ruiz - ernandez Date Steven T. Williams Date
Assistant County Attorney
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Mayor, Monroe County
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