Item P4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15, 2007 Division: County Attorney
Bulk Item: Yes XX No Staff Contact Person: Pedro J. Mercado
AGENDA ITEM WORDING:
Approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida
v. Patricia Louise Smith, Case No. L12-01-272.
ITEM BACKGROUND:
Ms. Smith was cited for a violation of Section 6-16.2, Standard Unsafe Building Abatement Code due
to the deteriorated and unsafe condition of her seawall. The case was originally set to be heard before
the Special Magistrate on December 3, 2001. After several continuances the case was heard before the
Special Magistrate on June 27, 2002. Fines were imposed beginning November 27, 2002 and the
property was finally brought in to compliance on April 29, 2003. At the time the property was brought
in to compliance fines and costs totaled $30,700. The lien was imposed, however foreclosure
proceedings were not instituted due to the fact that the property was Mrs. Smith’s homesteaded
property. The property has now passed to probate following Mrs. Smith’s passing and the estate has
contacted the County with regards to settling this matter. Due to the age of the case, there is no
information on whether the property was brought in to compliance in a timely matter. The CAY is
extending the benefit of the doubt and agreeing to settle this matter at the rate extended to those
properties that are timely brought in to compliance because of the fact that, as in this case, permitting
issues involving the ACOE and DEP are notoriously slow. Based on the above, staff recommends
settling the matter for $3,160.00.
__________________________________________________________________________________
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
__________________________________________________________________________________
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: BUDGETED:
N/A Yes No
COST TO COUNTY: SOURCE OF FUNDS:
N/A
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
Yes XX No
APPROVED BY:
County Atty X OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included X Not Required_____
DISPOSITION:AGENDA ITEM #
Revised 2/05