Item R3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
12/17/03
Division:
County Attorney
Bulk Item: Yes ~ No
Department:
County Attorney
AGENDA ITEM WORDING:
Presentation of code enforcement lien settlement offer from Largo Coin Laundry, Inc.
ITEM BACKGROUND:
This case involves two separate liens against the same property. The total fines exceed $110,000.00.
On September 29, 2000, the Code Enforcement Special Master imposed a $100.00 per day fine against the
property when a sign violation was not corrected in a timely fashion. The violation continued to exist into July
of 2003.
On February 20, 2001, a second lien securing a separate and distinct $100.00 per day fine was imposed as a
result of some work completed without a building permit. The fine stopped accumulating 91 days later when
the violation was cured through an after-the-fact permit.
The property owner, through his attorney Jim Lupino, has offered to settle both liens for $2,000.00. Due to the
existence of two liens, from two separate violations, the staff time involved in investigating both violations,
prosecuting both cases before the Special Master, and attorney time spent addressing the liens, County legal
staff in unwilling to recommend anything less than $5,000.00 to settle the lien.
PREVIOUS RELEVANT BOCC ACTION:
The Board authorized the County Attorney to initiate collection litigation on this case in April 2003.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Reject the $2000.00 offer and direct the County Attorney to hold firm
at $5,000.00,
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes
SOURCE OF FUNDS:
No
REVENUE PRODUCING:
Yes xx No
AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty _
DOCUMENTATION: Included xx
OMBlPurchasing _ Risk Management_
~~ f2-I02-I,,~
J.R.Collins
ToFollow_ NotRequired_
AGENDAITEM#~
DMSION DIRECTOR APPROVAL:
DISPOSITION:
O~~3~~E
(305) 294-464'
BOARD OF COUNTY COMMISSIONERS
MA YOR Dixie M. Spehar, District I
Mayor Pro tern Murray E. Nelson. District 5
Charles "Sonny" McCoy, District 3
George Neugent, District 2
David Rice. District 4
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
.
John R. Collins, County Attorney
Rob N. Wolfe, Chief Asst. County Attorney
Suzanne Hutton, Asst. County Attorney
Robert B. Shillinger, Asst. County Attorney
August 12, 2003
James Lupino, Esq.
Hershoff, Lupino & Mulick, LLP
90130 Old Highway
Tavernier, FL 33070
Re: Monroe County v. Largo Coin Laundry, Inc.
Code Enforcement Case No.: U1-01-869
U5-00-1173
Dear Jim:
This letter shall confirm our phone conversation this morning wherein you agreed to escrow
$5,000.00 from the settlement proceeds from the sale of the property owned by Largo Coin
Laundry, Inc. for the purpose of settling the outstanding code enforcement liens against the
property. In exchange, the County will not seek more than $5,000.00 to settle those liens,
which exceed $100,000.00. I will place this item on the agenda of the Board of County
Commissioners for its November meeting.
Please advise if the above does not comport with your understanding of our agreement.
Should you or your client prefer to resolve the matter sooner, I would be willing to schedule the
matter for the Marathon meeting in September or the October meeting in Key West.
Robert B. Shillinger
Assistant County Attorney
. ~,' ...
AITORNEYS AT LAW
JAY A. lIERsHOFF
JAMES S. LuplNo
NICHOLAS W. MUUCK
KUKT A. VON GoNTl!N
JESSICA R011II!NBER.o
MICHELLI! D. YANOIULA
RussEll. A. YAOEL
Law Offices
HershofI, Lupino ~~Mulick,L.Ll'.
90130 OLD HIOHWAY
TAVERNIER. FWRIDA 33070
(305) 852-8440' (305) 852-8848 FAX
LAND USE COORDINATOR
PETER. D. BACHELER
OF CouNSEL
J. AwsoN DEFOOR, II
August 1, 2003
Bob Shillinger, Esq.
Office of the County Attorney
P.O. Box 1026
Key West, FL 33040
RE: Monroe County v. Largo Coin Laundry, Inc.
Code Enforcement Case #s: UI-OI-869
US-00-II?3
Dear Bob,
The ultimate goal of code enforcement prosecution in Monroe County is to bring the
subject property into compliance with the Monroe County Comprehensive Land Use Plan
and Land Development Regulations through proper after-the-fact permitting. Part of the
process involves attaching liens on the property to call attention to fixing the problem.
In the past, Monroe County has settled on a figure of roughly ten per cent of the base lien
amount. In the above referenced cases we understand that a lien amount of$9,000.00 for
each infraction. Investigatory fees in each case were $100.00.
Keeping in mind the $100.00 banner sign and the after-the-fact air conditioning permit
(albeit 3 months late) we are comfortable to settle each issue for $900.00 to the lien,
$100.00 investigation fee $1,000.00 each or a total on both of $2,000.00.
Please advise at your earliest opportunity if this is satisfactory to the commission.
Sincerely,
RECEIVED
rAUG 07 2003
MONROE COUNTY ATTORNEY
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Memo
To: County Administrator
From: Bob Shillinger
Date: November 11, 2003
Re: 12/17/03 agenda item on Code Enforcement Foreclosures
I have placed an item on the December agenda seeking authorization to
institute collection proceedings against three property owners. Although the
Special Master did his part in authorizing foreclosure on December 4, 2003, he
has yet to sign the orders that I had intended to include as back up material to
the agenda item summary. I will forward those orders as soon as I have them.
To be clear, this office is seeking authority to institute collection
proceedings against:
1.
2.
3.
Chris Johnson
Lily Marks
Patricia Cambo
RLJ