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Item N01BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District 1 „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting June 21, 2017 Agenda Item Number: N.1 Agenda Item Summary #3039 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 none AGENDA ITEM WORDING: County Attorney Report for June 2017. ITEM BACKGROUND: See attached. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT /AGREEMENT CHANGES: none STAFF RECOMMENDATION: n/a DOCUMENTATION: County Attorney Report June 2017 Code Fine Collections thru 31 May 2017 SM Code Fine Reductions AS OF JUNE 5 2017 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Bob Shillinger Completed 06/05/2017 1:44 PM Kathy Peters Completed 06/05/2017 7:34 PM Board of County Commissioners Pending 06/21/2017 9:00 AM County of Monroe nie Florida Keys Robert B. Shillinger, County Attorney" Pedro J. Mercado, Assistant County Attorney ** Cynthia L. Hall, Assistant County Attorney ** Christine Limbe rt -Barrows, Assistant County Attorney ** Derek V. Howard, Assistant County Attorney ** Steven T. Williams, Assistant County Attorney ** Peter H. Morris, Assistant County Attorney Patricia Fables, Assistant County Attorney Chris Ambrosio, Assistant County Attorney ** Board Certified in City, County & Local Govt. Law To: Mayor Neugent & Commissioners From: Bob Shillinger, County Attorney Date: June 6, 2017 Re: June 2017 County Attorney Report Office of the County Attorney 1111 12 Street, Suite 408 Key West, FL 33040 (305) 292 -3470 — Phone (305) 292 -3516 — Fax 1. Monroe County v. Atlantic Trash & Transfer, LLC /Magnolia 101, LLC. CAP 13- 945. Assistant County Attorney Peter Morris successfully tried this code lien collection and injunction case before Judge Garcia on 2/2/17. The Court entered a judgment in favor of the County on 5/2/17. The property owner has appealed this decision to the Third District Court of Appeal. 2. Key West Resort Utilities (KWRU) Rate Application — On 3/13/17, the PSC approved a final order on the rate application. On 3/14/17, KWRU filed a motion for reconsideration which has yet to be ruled upon. The PSC denied KWRU's motion on 6/5/17. An order will follow within 20 days, after which interested parties will have 30 days from the date of that order to file an appeal. 3. Jose Santiago v. Monroe County - CA K 13 -1113. This is a personal injury suit against the County arising from claims that a contractor's employee was injured when stepping into a hole on the grounds at the Big Coppitt Fire Station. A closed session was held on 5/17/17 and a jury trial is currently scheduled for 8/14/17. A settlement agreement will be on the June 21, 2017 agenda for the Board's consideration. 4. Sheila Walter v. Gianetti Contracting Corp, FKAA, and Monroe County, CA K 13 -801. This a personal injury suit filed by a motorcyclist who claims to have injured herself when she hit a manhole for a sewer project being conducted by the FKAA on the county's behalf. A closed session is scheduled to be held at the 6/21/17 meeting. A jury trial is scheduled for 8/21/17. BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem David Rice, District 4 1/ Danny L. Kolhage, District 1 9 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 5. Delaney v. FKAA & Monroe County — CAK 16 -439 - Grinder pump easement litigation — A property owner in the CRWS service area sued the County and FKAA seeking a judicial declaration that she is not obligated under to connect to the system unless the grinder pump is located in the public right of way. The parties are now starting to engage in discovery. A bench trial is currently scheduled for 9/5/17. 6. Galleon Bay Corp. v. Monroe County and State of Florida — 3d16 -1502. The developer /property owner appealed a final judgment in the amount of $480,511 in her favor to the Third DCA. Her counsel filed his initial brief on 2/23/17. The County and the State's joint brief is due on 7/14/17. 7. Donald Davis (Collins) v. Monroe County & State of Florida — 3D17 -500. On 2/15/17, Judge Jones entered a final judgment in favor of Mr. Davis in the amount of $347,475. The County and State filed a notice of appeal of that judgment on 3/7/17 to challenge the underlying liability judgment before the Third DCA. The County's brief is due 7/17/17. 8. AirBnB. At the June 2016 meeting, the Board gave direction to work with the Tax Collector to seek full payment of tourist development taxes by AirBnB customers in a manner that does not conflict with or encourage violations of the County's vacation rental ordinance. Included within that direction was to consult with outside counsel to gauge the interest of other counties to join us in a suit against AirBnB but also to negotiate with AirBnB to see if we can avoid litigation. Those efforts are ongoing. Due to the sensitive nature of these efforts, Commissioners are invited to contact the County Attorney for further details. 9. Code Compliance Lien Collection cases. Through the first eight months of FY17 (10/1/16 to 5/31/17), code compliance and legal staff collected $1,197,730.30 in fines and costs, which is $87,004.49 more than the amount collected during all of FY16. As the attached spreadsheet indicates, in prior years the collections were as follows: FY12 FY13 FY14 FY 15 FY16 FY17 to date $370,272 $427,458 $469,676 $552,408 $1,110,726 $1,197,730.40 10. Vacation Rental Prosecutions. The Code Compliance Department presented 16 vacation rental cases to the Special Magistrate in May 2017. Of those 16 cases, 10 were found in violation (including 6 stipulated agreements), 3 cases were dismissed by the Special Magistrate for insufficient evidence, and 1 was continued. The Special Magistrate imposed fines of $78,300.00. 11. Code Compliance Fine Reductions — The Board requested periodic updates on fine reductions granted by the Special Magistrate. See attached report. 12.Judicial Nominating Commission Update — As of the report date, Governor Scott has not issued a letter directing the JNC to convene to recommend applicants to replace County Judge Wayne Miller, who is retiring effective 8/31/17. MONTH FINES COSTS Total fines and ATF FEES FEMAINSP TOTALALL TOTALALL Costs Oct -16 217,650.79 13,725.86 231,376.65 4,400.00 0.00 235,776.65 Nov -16 227,785.20 19,645.28 247,430.48 5,000.00 0.00 252,430.48 Dec -16 265,695.00 17,792.51 283,487.51 9,614.00 0.00 293,101.51 Jan -17 20,211.00 4,373.92 24,584.92 1,000.00 0.00 25,584.92 Feb -17 75,765.37 8,548.48 84,313.85 0.00 0.00 84,313.85 Mar -17 148,287.86 12,850.64 161,138.50 5,430.00 0.00 166,568.50 Apr -17 44,886.86 8,739.36 53,626.22 6,500.00 0.00 60,126.22 May -17 99,402.60 12,369.67 111,772.27 5,850.00 0.00 117,622.27 Jun -17 0.00 0.00 0.00 0.00 0.00 0.00 Jul -17 0.00 0.00 0.00 0.00 0.00 0.00 Aug -17 0.00 0.00 0.00 0.00 0.00 0.00 Sep -17 0.00 0.00 0.00 0.00 0.00 0.00 2016 -2017 Totals 1,099,684.68 98,045.72 1,197,730.40 37,794.00 0.00 1,235,524.40 1,235,524.40 Oct -15 61,426.72 10,511.57 71,938.29 7,750.00 0.00 79,688.29 Nov -15 48,354.30 11,793.36 60,147.66 4,973.00 0.00 65,120.66 Dec -15 62,632.50 6,632.92 69,265.42 2,000.00 0.00 71,265.42 Jan -16 107,268.81 9,832.65 117,101.46 3,950.00 0.00 121,051.46 Feb -16 51,280.56 4,053.38 55,333.94 5,700.00 0.00 61,033.94 Mar -16 90,377.88 9,444.40 99,822.28 3,500.00 0.00 103,322.28 Apr -16 195,134.49 9,909.37 205,043.86 11,950.00 0.00 216,993.86 May -16 116,788.89 10,038.53 126,827.42 5,750.00 0.00 132,577.42 Jun -16 76,766.16 15,398.33 92,164.49 5,450.00 0.00 97,614.49 Jul -16 55,079.02 7,142.74 62,221.76 3,000.00 0.00 65,221.76 Aug -16 56,431.52 8,022.33 64,453.85 2,255.00 0.00 66,708.85 Sep -16 76,726.41 9,679.07 86,405.48 8,400.00 0.00 94,805.48 2015 -2016 Totals 998,267.26 112,458.65 1,110,725.91 64,678.00 0.00 1,175,403.91 1,175,403.91 Oct -14 54,290.83 10,089.61 64,380.44 2,000.00 0.00 66,380.44 Nov -14 6,937.50 2,320.91 9,258.41 5,293.00 0.00 14,551.41 Dec -14 32,966.67 5,214.20 38,180.87 8,604.00 0.00 46,784.87 Jan -15 3,591.67 1,707.54 5,299.21 4,500.00 0.00 9,799.21 Feb -15 57,802.61 9,142.24 66,944.85 5,537.40 0.00 72,482.25 Mar -15 68,916.67 6,091.97 75,008.64 8,060.00 0.00 83,068.64 Apr -15 50,862.50 3,932.05 54,794.55 8,665.00 0.00 63,459.55 May -15 38,366.66 5,229.36 43,596.02 9,666.30 0.00 53,262.32 Jun -15 25,259.58 7,955.08 33,214.66 4,830.00 0.00 38,044.66 Jul -15 68,735.00 9,488.79 78,223.79 10,450.00 0.00 88,673.79 Aug -15 27,778.66 6,091.43 33,870.09 8,707.10 0.00 42,577.19 Sep -15 44,422.72 5,214.04 49,636.76 9,125.00 0.00 58,761.76 2014 -2015 Totals 479,931.07 72,477.22 552,408.29 85,437.80 0.00 637,846.09 637,846.09 Oct -13 35,349.96 3,466.03 38,815.99 7,525.00 0.00 46,340.99 Nov -13 30,809.25 4,138.09 34,947.34 3,250.00 0.00 38,197.34 Dec -13 27,691.63 4,865.47 32,557.10 6,150.00 0.00 38,707.10 Jan -14 41,804.65 1,752.21 43,556.86 3,000.00 0.00 46,556.86 Feb -14 51,544.58 5,485.34 57,029.92 4,000.00 0.00 61,029.92 Mar -14 28,856.45 5,053.71 33,910.16 4,000.00 0.00 37,910.16 Apr -14 22,908.66 5,418.39 28,327.05 8,500.00 0.00 36,827.05 May -14 8,691.99 3,152.10 11,844.09 10,558.00 0.00 22,402.09 Jun -14 79,184.00 14,272.72 93,456.72 7,000.00 0.00 100,456.72 Jul -14 12,108.94 6,453.84 18,562.78 7,500.00 0.00 26,062.78 Aug -14 11,275.03 2,842.32 14,117.35 4,994.00 0.00 19,111.35 Sep -14 53,768.00 8,782.68 62,550.68 8,196.40 0.00 70,747.08 2013 -2014 Totals 403,993.14 65,682.90 469,676.04 74,673.40 0.00 544,349.44 544,349.44 Oct -12 39,950.54 6,278.67 46,229.21 7,250.00 990.00 54,469.21 Nov -12 17,416.97 1,461.55 18,878.52 3,700.00 720.00 23,298.52 Dec -12 56,966.98 9,203.80 66,170.78 3,500.00 270.00 69,940.78 Jan -13 30,599.96 7,206.40 37,806.36 3,880.00 450.00 42,136.36 Feb -13 29,600.30 6,145.60 35,745.90 3,500.00 270.00 39,515.90 Mar -13 15,821.30 4,406.98 20,228.28 5,200.00 270.00 25,698.28 Apr -13 27,074.31 3,678.13 30,752.44 3,000.00 810.00 34,562.44 May -13 32,386.69 5,795.00 38,181.69 4,000.00 450.00 42,631.69 Jun -13 14,466.64 2,912.69 17,379.33 3,000.00 360.00 20,739.33 Jul -13 25,166.66 2,245.54 27,412.20 6,313.60 90.00 33,815.80 Aug -13 32,566.64 1,450.56 34,017.20 5,800.00 0.00 39,817.20 Sep -13 51,324.96 3,330.80 54,655.76 3,750.00 0.00 58,405.76 2012 -2013 Totals 373,341.95 54,115.72 427,457.67 52,893.60 4,680.00 485,031.27 485,031.27 Oct -11 64,020.50 6,892.20 70,912.70 3,500.00 2,430.00 76,842.70 Nov -11 8,800.00 3,386.36 12,186.36 2,000.00 1,170.00 15,356.36 Dec -11 3,550.00 2,635.70 6,185.70 2,500.00 1,800.00 10,485.70 Jan -12 21,300.00 4,725.41 26,025.41 3,000.00 1,620.00 30,645.41 Feb -12 28,546.66 3,695.38 32,242.04 1,800.001 1,440.00 35,482.04 Mar-12 31,925.00 5,516.99 37,441.99 3,500.001 1,620.00 42,561.99 W: \CODE COMPLIANCE \COST & FINES \master fines and costs spreadsheet.xlsx MONTH FINES COSTS Total fines and ATF FEES FEMAINSP TOTALALL TOTALALL Costs Apr -12 36,696.66 2,693.08 39,389.74 4,000.00 1,800.00 45,189.74 May -12 65,617.33 6,176.11 71,793.44 4,060.00 1,530.00 77,383.44 Jun -12 5,217.00 667.39 5,884.39 2,000.00 810.00 8,694.39 Jul -12 28,433.32 6,782.45 35,215.77 1,590.00 1,080.00 37,885.77 Aug -12 7,917.30 9,126.20 17,043.50 4,745.00 630.00 22,418.50 Sep -12 15,350.00 600.79 15,950.79 2,000.00 720.00 18,670.79 2011 -2012 Totals 317,373.77 52,898.06 370,271.83 34,695.00 16,650.00 421,616.83 421,616.83 Oct -10 28,433.00 5,430.21 33,863.21 0.00 0.00 33,863.21 Nov -10 28,234.78 4,972.51 33,207.29 1,000.00 2,070.00 36,277.29 Dec -10 36,730.68 3,159.63 39,890.31 9,800.00 2,160.00 51,850.31 Jan -11 42,444.08 5,188.79 47,632.87 5,405.00 1,980.00 55,017.87 Feb -11 26,727.00 5,126.63 31,853.63 3,220.00 2,060.00 37,133.63 Mar -11 55,517.56 9,022.78 64,540.34 14,283.00 3,240.00 82,063.34 Apr -11 20,201.00 5,076.11 25,277.11 1,500.00 2,340.00 29,117.11 May -11 19,470.50 5,792.91 25,263.41 2,500.00 3,960.00 31,723.41 Jun -11 19,154.96 6,489.46 25,644.42 3,000.00 2,880.00 31,524.42 Jul -11 17,625.00 2,691.82 20,316.82 1,500.00 1,710.00 23,526.82 Aug -11 58,432.00 5,282.78 63,714.78 3,000.00 3,330.00 70,044.78 Sep -11 20,700.00 4,253.46 24,953.46 2,000.00 2,340.00 29,293.46 2010 -2011 Totals 373,670.56 62,487.09 436,157.65 47,208.00 28,070.00 511,435.65 511,435.65 Oct -09 2,605.25 2,197.76 4,803.01 0.00 1,950.00 6,753.01 Nov -09 24,337.98 2,518.11 26,856.09 0.00 1,620.00 28,476.09 Dec -09 17,897.58 2,459.76 20,357.34 0.00 2,320.00 22,677.34 Jan -10 24,351.33 1,929.51 26,280.84 0.00 1,800.00 28,080.84 Feb -10 1,191.33 1,368.20 2,559.53 0.00 1,260.00 3,819.53 Mar -10 5,621.83 3,705.74 9,327.57 500.00 2,760.00 12,587.57 Apr -10 4,500.00 8,299.61 12,799.61 1,000.00 2,950.00 16,749.61 May -10 29,587.00 3,703.34 33,290.34 2,000.00 2,820.00 38,110.34 Jun -10 16,608.36 5,017.01 21,625.37 10,070.00 1,890.00 33,585.37 Jul -10 5,583.00 4,096.95 9,679.95 2,500.00 1,350.00 13,529.95 Aug -10 15,866.00 5,164.69 21,030.69 13,068.80 2,250.00 36,349.49 Sep -10 35,556.50 2,375.07 37,931.57 0.00 0.00 37,931.57 2009 -2010 Totals 183,706.16 42,835.75 226,541.91 29,138.80 22,970.00 278,650.71 278,650.71 Oct -08 8,226.62 893.85 9,120.47 0.00 2,610.00 11,730.47 Nov -08 4,047.50 153.22 4,200.72 0.00 2,340.00 6,540.72 Dec -08 6,768.75 2,091.65 8,860.40 0.00 2,700.00 11,560.40 Jan -09 1,000.00 667.86 1,667.86 0.00 2,770.00 4,437.86 Feb -09 31,413.26 1,493.71 32,906.97 0.00 2,070.00 34,976.97 Mar -09 21,275.00 1,082.51 22,357.51 0.00 2,770.00 25,127.51 Apr -09 7,996.37 531.28 8,527.65 0.00 2,830.00 11,357.65 May -09 101,604.72 5,039.96 106,644.68 0.00 2,170.00 108,814.68 Jun -09 15,682.82 4,887.75 20,570.57 0.00 1,980.00 22,550.57 Jul -09 25,378.25 1,999.07 27,377.32 0.00 1,710.00 29,087.32 Aug -09 21,447.00 3,303.99 24,750.99 0.00 1,610.00 26,360.99 Sep -09 12,252.82 2,744.00 14,996.82 0.00 1,440.00 16,436.82 2008 -2009 Totals 257,093.11 24,888.85 281,981.96 0.00 27,000.00 308,981.96 308,981.96 Oct -07 7,570.00 725.00 8,295.00 0.00 50.00 8,345.00 Nov -07 6,500.50 500.00 7,000.50 0.00 1,350.00 8,350.50 Dec -07 1,660.35 618.50 2,278.85 0.00 1,980.00 4,258.85 Jan -08 1,657.00 100.00 1,757.00 0.00 2,610.00 4,367.00 Feb -08 9,000.00 300.00 9,300.00 0.00 2,250.00 11,550.00 Mar -08 33,105.50 400.00 33,505.50 0.00 2,880.00 36,385.50 Apr -08 3,118.50 738.53 3,857.03 0.00 3,510.00 7,367.03 May -08 8,425.00 526.04 8,951.04 0.00 3,140.00 12,091.04 Jun -08 14,100.00 170.71 14,270.71 0.00 3,960.00 18,230.71 Jul -08 1,350.00 135.02 1,485.02 0.00 2,230.00 3,715.02 Aug -08 8,000.00 600.00 8,600.00 0.00 2,980.00 11,580.00 Sep -08 6,212.50 200.83 6,413.33 0.00 2,250.00 8,663.33 2007 -2008 Totals 100,699.35 5,014.63 105,713.98 0.00 29,190.00 134,903.98 134,903.98 Oct -06 0.00 0.00 0.00 0.00 0.00 0.00 Nov -06 0.00 0.00 0.00 0.00 0.00 0.00 Dec -06 0.00 0.00 0.00 0.00 0.00 0.00 Jan -07 10,918.00 1,500.00 12,418.00 0.00 0.00 12,418.00 Feb -07 1,500.00 1,823.55 3,323.55 0.00 0.00 3,323.55 Mar -07 2,150.00 1,001.95 3,151.95 0.00 0.00 3,151.95 Apr -07 4,017.70 902.70 4,920.40 0.00 0.00 4,920.40 May -07 21,060.00 900.00 21,960.00 0.00 0.00 21,960.00 Jun -07 1,250.00 3,585.00 4,835.00 0.00 0.00 4,835.00 Jul -07 8,399.98 1,207.50 9,607.48 0.00 0.00 9,607.48 Aug -07 7,640.00 1,600.00 9,240.00 0.00 0.001 9,240.00 Sep -07 12,157.00 1,000.00 13,157.00 0.00 0.001 13,157.00 2007 Totals 1 69,092.68 13,520.70 82,613.38 0.00 0.001 82,613.38 82,613.38 W: \CODE COMPLIANCE \COST & FINES \master fines and costs spreadsheet.xlsx SM Code Fine Reductions NAX rn M O Prepared by Windsor- Kathleen 6/5/2017 1 Packet Pg. 2031 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction Rinerio Cairo & Carolyn Weisser 8/27/2015 KW PAID AND CLOSED CE11030123 27,900.00 6,975.00 75% 6,975.00 75% No additional reduction Mia Rubinstein - No payment, begin litigation 12/28/15 PAID Owner expressed extraordinary family circumstances and had 9/24/2015 KW AND CLOSED CE13070170 46,000.00 11,500.00 75% 6,900.00 85% evaded foreclosure action John R. Allison III - PAID AND No additional reduction, had already been to SM for reduction CLOSED and was never paid. That reduction plus the statutory interest 9/24/2015 KW CE05020289 101,350.00 25,312.50 75% 25,312.50 75% was more than the County's offer, so he ordered County's offer. 10 -23 -2015 - SM reduced the amount offines from 350 per Jay HR Development - PAID AND to 100 per day based on the gravity ofthe violations and CLOSED actions taken by Respondent, reducing total fine amount to 9/24/2015 KW CE09050201 422,800.00 105,700.00 75% 30,200.00 93% 120,800.00; then reduced by 75% reduced the amount ol lines to 150.00 per day based on the gravity ofthe violation and reduced the number of MACIAS LEON EL - PAID AN D days fines accrued to 393 based on delay by property owner in CLOSED submitting plans /permit application to county, then reduced by 10/29/2015 KW CE10060189 308,100.00 77,025.00 75% 14,737.50 95% 75 %, ANTONY LIEN - GRIMAL GROVE - CE08040012 12/7/2015 - SM reduced the edited amount of fines by an CE08020055 additional 20% due to the potential to contribute to the public PAID AND CLOSED 10 29 2015 / / KW CE08040015 942960.00 ,, 47357.50 95% 9,471.50 ° 99 /° good as a community park and historical landmark. reduced e amount ot tines in halt due to overlapping violations, then reduced by 75 %. This amount is US Bank - cont from Oct - PAID due in 30 days and contingent upon compliance of AND CLOSED CE15020110 within 30 days. Non - compliance and non- payment will result in the amount reverting to the full 11/19/2015 KW CE08100048 520,000.00 130,000.00 75% 65,000.00 88% unmitigated total fine amount. Mann, Trevor - PAID AND 11/19/2015 KW CLOSED CE14010136 8,000.00 2,000.00 75% 1,200.00 85% 112/3/2015 - Owner expressed financial hardship Civic Pride - PAID AND CLOSED 12/3/2015 - Due to financial hardship ofthe organization, Mrs. 11/19/2015 KW CE 14050095 7,100.00 1,775.00 75% 710.00 90% Mitchell had paid for the connection out of their own funds. Lancaster, Dunning, Deyo- PAYMENT PLAN PAID AND 12/7/2015 - No additional reduction - CA AGREED TO 6 11/19/2015 KW CLOSED CE06120150 268,800.00 67,200.00 75% 1 67,200.00 75% MTHS PAYMENT PLAN 1/28/2016 KW Young - PAID AND CLOSED CE14010131 26,900.00 6,725.00 75% 1 6,725.00 75% 13 -4 -2016 - No additional reduction NAX rn M O Prepared by Windsor- Kathleen 6/5/2017 1 Packet Pg. 2031 SM Code Fine Reductions N.1.c rn M O M Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2032 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction 3 -10 -16 - SM removed daily fine for one charge to better fit Younce Frank Greenman PAID gravity ofthe violation, removed 64 days for eviction of AND CLOSED tenants, removed 29 days after permit was issued to achieve 1/28/2016 KW CE10030172 36,000.00 9,000.00 75% 8,700.00 76% compliance. Readjusted penalty to 87 days @ 100.00 per day. 3 -4 -16 - due to age and health of owners and gravity ofthe 1/28/2016 KW Laskis - PAID AND CLOSED 1-13 -97 -1009 110,600.00 27,650.00 75% 5,530.00 95% violations, aesthetics rather than safety. Mchutchison, previously Conn - 1/28/2016 KW PAID AND CLOSED CE03120083 LIEN REMAINS 25,000.00 LIEN REMAINS SM approved $25,000.00 for partial release Gonzalez, Miguel & Isabel - PAID 2/25/2016 KW AND CLOSED CE14090005 12,600.00 3,150.00 75% 1,567.32 88% 3 -4 -2016 - due to property owners age and limited income Yaworski, Garry & Anita Fox -- 3 -4 -2016 - "a modest additional reduction due to the diligence 2/25/2016 KW PAID AND CLOSED CE14090095 7,100.00 1,775.00 75% 1,570.10 78% exercised by Lessee" 4 -22 -16 - due to unforeseen difficulties in the process of demolishing a mobile home primarily because of financial 3/31/2016 KW ATWILL - PAID AND CLOSED CE13060193 11,000.00 2,750.00 75% 1,650.00 85% hardship FNMA WAS CUERVO, OLD LIEN Was pulled by County, PO has agreed to accept staffs 3/31/2016 KW REMAINS PAID AND CLOSED CE10110062 204,650.00 51,162.50 75% N/A N/A maximum reduction offer reduced the fine amount for the unsafe charge to 50.00 based on the gravity ofthe violations, gave the PO benefit of doubt that he called in an inspection in 2010, and SELECT RENTALS, GROH - PAID reduced the fine amount for the lack ofbusiness tax to 25.00 3/31/2016 KW AND CLOSED CE09090075 862,000.00 215,500.00 75% 46,550.00 95% per day. Hartman, David - PAID AND 4/28/2016 KW CLOSED CE14090134 3,900.00 975.00 75% N/A N/A PO has agreed to accept staffs maximum reduction offer 5-23-16 as other outstanding liens, however due to financial situation granted 50% discount. NOTE ALSO HAS 2 OTHER UNPAID LIENS CE14030027 & CE14010108. Already 4/28/2016 KW ROWLAND - PAID AND CLOSED CE14010062 - 15,500.00 15,500.00 0% 7,750.00 50% approved byBOCC Sal Mar Sons - CAO agreed to accept equal payments, to be 5 -23 -16 - Gravity ofthe violations deserve cumulative 150.00 paid in full in 9 months. PAID per day thereby reducing fines to 45,400.00 and then he further 4/28/2016 KW AND CLOSED CE11120062 92,600.00 23,150.00 75% 16,000.00 83% reduced to 16,000.00 due to contractor difficulties N.1.c rn M O M Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2032 SM Code Fine Reductions N.1.c rn M O M Prepared by Windsor- Kathleen 6/5/2017 1 Packet Pg. 2033 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction - reduced the tine applied tote unsa e c arge ft BURGOS APPEALING SM 250.00 per day, to 50.00 per day. ORDERED TO PAY ORDER OF REDUCTION - HEARD 250,000.00. SETTLEMENT OFFER BY PO PRESENTED BY BOCC 9 -21 -16 - PAID AND TO BOCC. BOCC APPROVED 40,000.00 TO SETTLE THIS 5/26/2016 KW CLOSED CE11100131 388,800.00 388,800.00 0% 40,000.00 90% CASE W/ 90 DAYS TO PAY THOMAS, louis ETC - CAO 6 -14 -16 - due to financial hardship and unable to qualify for AGREED TO ACCEPT EQUAL grant, sm granted slight reduction and ordered mthly payments PAYMENT TO BE PAID IN FULL IN in the amount of 350.00. 12 payments for the reduced amount 5/26/2016 KW 12 MONTHS. CE14050097 17,000.00 4,250.00 75% 3,730.00 78% of fines and full payment of costs to date 470.00. 6 -14 -16 - additional reduction due to financial hardship and 5/26/2016 KW MULLEN PAID AND CLOSED CE13070021 38,500.00 9,625.00 75% 3,850.00 ° 90% medical emergency 7/27/2016 - Staff has removed 1450.00 (29 days) due to ANTON, MICHAEL PAID AND technical glitch, no other persuasive reason for additional 6/24/2016 KW CLOSED CE12040096 1,800.00 350.00 81% 350.00 81% reduction. NO REDUCTION OFFERED BY STAFF, VAC RENTAL / c not nv nlmis@70060 - 2 nnnn - 2 nn e.l CASE - PO CANCELLED ATTENDANCE ON 7 -18 -2016 9 -19 -2016 - Due to the terminal illness ofthe property owner resulting in his inability to clearly manage his affairs, 7/28/2016 KW RUMPF -PAID AND CLOSED CE14060061 17,400.00 4,350.00 75% 2,500.00 86% Respondents' family should be granted some relief. 9 -19 -16 -SM applied an adjustment to the number of days of noncompliance from 195 to 154 for the time that elapsed between submission ofplan corrections to the issuance ofthe permit. Also, Gravity ofthe violations deserve cumulative 150.00 per day thereby reducing fines to 23,100.00 and then he further reduced to 5,775.00 based on six enumerated factors for 7/28/2016 KW CARBALLO - PAID AND CLOSED CE09020147 68,250.00 17,062.50 75% 5,775.00 92% determining whether a fine should be mitigated. RIVERA, FRANK AND JOAN KELLY 9 -19 -2016 - Due to financial hardship and health issues may already approved by BOCC - pay 3000. plus costs of 600 in 12 equal payments. First 7/28/2016 MJ PAID AND CLOSED CE13100064 12,900.00 3,225.00 75% 3,000.00 77% payment due within 14 days ofthis order SUTTON, GREG - already 9 -19 -2016 - Due to financial hardship and health issues may approved by BOCC - PAID AND pay 3100. plus costs of 500 in 12 equal payments. First 7/28/2016 MJ CLOSED CE13100009 28,500.001 7,125.001 75% 3,100.00 89% payment due within 14 days ofthis order N.1.c rn M O M Prepared by Windsor- Kathleen 6/5/2017 1 Packet Pg. 2033 SM Code Fine Reductions N.1.c rn M O Prepared by Windsor- Kathleen 6/5/2017 1 Packet Pg. 2034 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction As a result ol a lengthy review ot the case and circumstances, including the contractor(s) actions and contractor(s) citations that were issued, all evidence points to a contractor remiss in his responsibilities. Asa result staff would backdate the compliance date ofthis case to August 20, 2010. 9 -24 -16 - WILSON, JENNIFER - PAID AND Parties agreed to settle for payment of costs 1212.23 payable in 8/25/2016 KW CLOSED CE09120162 39,100.00 0.00 100% 0.00 100% 30 days 9/24/2016 - 150.00 per day better fits the gravity of the WILSON, JENNIFER- PAID AND violations, based on 6 factors, further reduced 134,400.00 by 8/25/2016 KW CLOSED CE11050017 353,800.00 88,450.00 75% 13,440.00 96% 90 %. 14,808.93 payable in 30 days 8/25/2016 MJ SANDS - PAID AND CLOSED CE14050030 5,400.00 1,350.00 75% 1,350.00 75% 9 -24 -16 - No additional Reduction Habitat accepted s. Wagner's gift w owe ge of lien, but an adjustmentto afine less excessive is warranted. - 15,000 + COSTS payment in 30 days. HABITAT REFUSES TO PAY, AS A RESULT A SETTLEMENT OFFER BY CA HABITAT WAS WAGNER- PAID PRESENTED TO BOCC. BOCC APPROVED 75% TO 8/25/2016 KW AND CLOSED CE10100164 64,200.00 64,200.00 0% 16,050.00 75% SETTLE THIS CASE FERRANDI SILVIA - HAS ALREADY BEEN APPROVED BY BOCC FOR LITIGATION - County has agreed 9 -24 -2016 - SM reduced the number of days fine ran by the to extend the payment due by time PO was seeking financial assistance, reducing fine amount December 31, 2016. PAID AND to 6300.00 and further reducing that amount by 75%. 2,032.31 8/25/2016 MJ CLOSED CE14090140 27,600.00 6,900.00 75% 1,575.00 94% due in 30 days. BLACK, DAVID - PAID AND 9 -15 -16 200.00 per day better fits the gravity ofthe violations, 9/15/2016 KW CLOSED CE08060041 37,800.00 9,450.00 75% 2,700.00 93% then reduced to 2700.00 SPERLING - WAS GROS - PURCHASED W/ TAX DEED - 9 -20 -16 - SM approved $15,000.00 plus costs of 1,237.33 for 9/15/2016 KW PAID AND CLOSED CE10050020 653,000.00 LIEN REMAINS 0% LIEN REMAINS 100% partial release 10 -21 -2016 -re need the fine per day from 200 to 150) because respondent did not cause the violation, storm damage, then reduced that fine amount by 75 %. 21,100.00 due in 30 9/15/2016 KW MONTILLA - PAID AND CLOSED CE07050258 123,200.00 61,600.00 50% 21,100.00 83% days. 0 HEARING. 10 -24 -2016. SM deemed the case compliant July 29, 2016, the day following the last documented holding -out, RICHARDS, PRYCE PAID AND CE140800S� thereby reducing the fines to 10,000, then reduced that by 75 %. 9/15/2016 KW ICLOSED I `e" ? 1 13,500.00 13,500.001 0% 2,500.00 81% 2500.00 due by 11- 24 -16. N.1.c rn M O Prepared by Windsor- Kathleen 6/5/2017 1 Packet Pg. 2034 SM Code Fine Reductions N.1.c rn M O Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2035 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction 24 -16. SM deemed both charges compliant 10 -1 -2015 due to a CE 15070060 - lease provided by the PO for 1 -Yr. to his company. OTT due 9/15/2016 KW PRIDDY PAID AND CLOSED VR 26,250.00 26,250.00 0% 2,000.00 92% 30 days. 10 -25 -16 - reduced the fine per day from 350.00 to 100.00) 287 PORT LARGO - PAID AND and applying a 75% reduction would have been 5725.00. At 9/29/2016 KW CLOSED CE09030170 80,150.00 20,037.50 75% 4,000.00 95% the hearing the parties agreed to 4000.00. DATE OF THIS ORDER, MR. IP SHALL PAY TO THE COUNTY THE SUM OF $26,103.35 ($25,000.00 PARTIAL PAYMENT OF FINES PLUS $1,103.35 IN COSTS.... UPON PAYMENT... COUNTY SHALL DELIVER TO MR. IP AN EXECUTED PARTIAL RELEASE OF LIEN, WHICH SHALL RELEASE THE PROPERTY FROM THE PREEXISTING LIEN, ROBERT CHARLES, WHILE PRESERVING COUNTY'S RIGHTS AGAINST OTHER LIEN REAL AND PERSONAL PROPERTIES OWNED BY THE 9/29/2016 KW IP, DOMINIC - PAID AND CLOSED CE11010006 LIEN REMAINS 114,937.50 #VALUE! 25,000.001 REMAINS FORMER OWNER, ROBERT CHARLES. 12 -19 -16 -due to the fact that the history of the case was ambiguous, and confusion over issuance of several orders creating uncertainty as to intent and effect, the SM concluded that the Order Extending Compliance Date effectively rescinded the Order Imposing Penalty /Lien and returned the parties to the status quo ante December 1, 2005. 9/29/2016 MJ TOWNSEND- PAID AND CLOSED CE05030257 36,300.00 9,075.00 75% 0.00 100% OPULUXE PROPERTIES, - reduced the 2 liens that were attached to the property when he purchased it by 75% assuming the bank PREVIOUSLY HSBC, PREVIOUSLY would have made that assumption and sold property at REED. (3 LIENS) -APPEALING discount, and only a slight reduction (25 %) to the fines that ORDER 1 -16 -2017 PAID AND accrued while he owned it, (3rd lien), because he has 9/29/2016 KW CLOSED CE09040050 242,700.001 230,550.001 5% 68,775.00 72% committed other violations. 10 i v I N I GHIN nE�roro 7�nn � n -- �n 7-5% 1 1 100% 1 CANCELLED, UNABLE TO ATTEND N.1.c rn M O Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2035 SM Code Fine Reductions N.1.c rn M O M Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2036 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction 12 -22 -2016 -" Although Respondent owned the Property, the violations were caused by Respondent's tenant, whose occupancy of the Property also seems to have interfered with Respondent's ability to correct the violations. More important, it is clear from Respondent's modest, fixed income that she cannot possibly afford to pay a half - million dollar fine, or even WANAT, LORETTA - PAID AND anontrivial percentage of such afine." 10/27/2016 KW CLOSED CE10120053 546,000.00 136,500.00 75% 5,460.00 99% HIRED NEW ATTORNEY, NEW ATTORNEY NEEDS lni cQ 1(-W onG - Z GEm 2QQ2Q p 9 �% 100% CONTINUANCE not a tinancial hardship, however the modest income deserves some relief, therefore ORDERED TO PAY (COMBINED ORDER FROE CE14050103 AND CE14050104) WITHIN 30 DAYS FINES OF 9700.00 AND COSTS 835.34 FOR BOTH CASES. 10/27/2016 MJ SHALVATIS -PAID AND CLOSED CE14050103 24,700.00 6,175.00 75% 4,940.00 80% not a Imancial hardship, however the e mo est income deserves some relief, therefore ORDERED TO PAY (COMBINED ORDER FOR CE14050103 AND CE14050104) WITHIN 30 DAYS FINES OF 9700.00 AND COSTS 835.34 10/27/2016 MJ SHALVATIS -PAID AND CLOSED CE14050104 23,800.00 5,950.00 75% 4,760.00 80% FOR BOTH CASES. CE15080035 - 2 -16 -17 - SM PLACED A 500.00 FINE FOR EACH 1/26/2017 KW BENNETT- PAID AND CLOSED VR 15,000.00 15,000.00 0% 1,500.00 90% UNLAWFUL (HOLDING-OUT) RESPONSE. 0 OP I HE PINE TOTAL WAS ATTRIBUTABLE TO THE LEAST SERIOUS OF THE 3 VIOLATIONS AND 15,000.00 WAS A EQUITABLE FINE UNDER THE CIRCUMSTANCES. - CA 1/26/2017 KW BUNN CE07060006 197,000.00 49,250.00 75% 15,000.00 92% AGREED TO 30 MTHS PAYMENT PLAN SM TOOK TESTIMONY UNDER ADVISEMENT - HOWEVER NO ORDER UNTIL PO APPLIES FOR GRANT FOR SEWER 1/26/2017 KW ROGERWITZ CE07120020 298,800.00 74,700.00 75% 1 100% CASE 1/26/2017 MJ HICKERSON -PAID AND CLOSED CE15030137 4,200.001 1,050.001 75% 1,050.00 75% 2 -16 -17 - NO ADDITIONAL REDUCTION 2/23/2017 KW NO MITIGATION CASES N.1.c rn M O M Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2036 SM Code Fine Reductions Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine I offer I reduction % offer % KW I FOLEY PAIID ANDS LO T N I CE12 VR 15 1 5,700.001 5,700.001 0% 1 600.001 89% 3/30/2017 KW JDAWOOD - PAID AND CLOSED CE10020031 48,000.00 12,000.00 75% (D c 100% 4/27/2017 ADJUSTED THE COMPLIANCE DATE ON THE NO MITIGATION CASES 0 ADVERTISING" CHARGE TO MAY 23, 2016, THE DATE a )F THE LAST EMAIL FROM RESPONDENT HOLDING d 5/25/2017 KW SWOPE - TOBIN CE12010094 148,200.00 37,050.00 75% 100% 6/29/2017 KW ZALDIVAR, NOW PINBALL, LIEN REMAINS - REQUEST MITIGATION HEARING 6 -29- 2017 CE10090004 96,950.00 ;EDUCTION. 100% 100% 6/29/2017 MJ ZALDIVAR, NOW PINBALL, LIEN REMAINS - REQUEST MITIGATION HEARING 6 -29- 2017 CE15100106 11,000.00 100% 100% #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /0! V /0! #DIV /0! M V /0! #DIV /0! CE09050151 CE10020035 CE10070069 BABB - CONCH KEY - NEVER CE10110021 11/17/2016 KW PAID, MOVE TO BOCC CE11070029 1,728,161.00 432,000.00 75 % 25,000.00 99% Prepared by Windsor- Kathleen 6/5/2017 ��iR'I• Reason for Additional Reduction r; -17 -17 - SM DEEMED THE "USE" CHARGE COMPLIANT c 6 OF MAY 19, 2016 SINCE THERE WAS NO EVIDENCE (D c )F "USE" AFTER THAT DATE. ADDITIONALLY THE SM ADJUSTED THE COMPLIANCE DATE ON THE 0 ADVERTISING" CHARGE TO MAY 23, 2016, THE DATE a )F THE LAST EMAIL FROM RESPONDENT HOLDING d )UT THE PROPERTY. ONE - TIME -FINE, COSTS AND 00.00 DUE IN 30 DAYS OR REVERTS TO FULL p JNMITIGATED AMOUNT. Q - NU ADD1110NAL REDUCHON, NOIE ' ROPERTY OWNER ENTERED INTO STIPULATION _T AND STAFF PROVIDED 3 EXTENSIONS TO THE 0 U ' OMPLIANCE DATE. NO BASIS FOR ADDITIONAL ;EDUCTION. rn c M TOOK UNDER ADVISEMENT J REQUEST FOR REDUCTION SUBMITTED, MULICK ANTS HEARING. J REQUEST FOR REDUCTION SUBMITTED, MULICK ANTS HEARING. c - SM concluded ths ie practical solution is to y the fine to a nominal amount, in the hope that Mr. t i will clear the liens and develop the Property as he like, which would be a benefit to the surrounding Q xnity. (STAFF WILL ACCEPT AN ADDITIONAL 30 TO PAY, DUE 2/9/17) Packet Pg. 2037 SM Code Fine Reductions PAID AND CLOSED - IN GREEN VR - CASES WAITING FOR SM ORDER PARTIAL RELEASE - IN PINK N.1.c rn M O M Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2038 Staff's Total amount reduction Staff SM mitigation SM reduction SM Date Case Name Case # of fine offer reduction % offer % Reason for Additional Reduction Ricardo Leon -TOBIN 9/24/2015 KW APPEALING CE10060199 111,700.00 27,925.00 75% 27,925.00 75% 9 -30 -15 - No additional reduction 7/26/2016 - given the respondents procrastination, the County DIAZ, ALEXANDER - TOBIN HAS has offered areduction of only 50 %. Based on the six 6/24/2016 KW FILED APPEAL CE08070078 280,950.00 140,475.00 50% 70,237.50 75% enumerated factors, SM granted the typical 75% reduction. DEMERITT - NOT PAID, MOVE TO BOCC FOR FULL AMOUNT - 6/24/2016 MJ BOCC APPROVAL 10 -19 -2016 CE13050020 11,100.00 2,775.00 75% 2,775.00 75% 7/27/2016 - Further reduction is unwarranted PAID AND CLOSED - IN GREEN VR - CASES WAITING FOR SM ORDER PARTIAL RELEASE - IN PINK N.1.c rn M O M Prepared by Windsor - Kathleen 6/5/2017 1 Packet Pg. 2038