Item O063
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: O.6
Agenda Item Summary #1518
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING:
Approval of New Buyer settlement agreement for Code
Compliance lien regarding real property located at 190 Normandy, Tavernier, FL 33037.
ITEM BACKGROUND:
The County brought Code Enforcement case number CE12050075, to enforce compliance and
unpaid code enforcement liens against Jesus and Maira Sanchez, and their property located at 190
Normandy, Tavernier for failure to obtain required building permits. The New buyer wishes to
purchase the property and clean it up, but does not wish to acquire the property without assurances
regarding the code liens that exceed the value of the property.
CE12050075:
The property has been subject of a code compliance case for the installation of a boat
lift, tiki, electrical components in tiki and boat lift, enclosure of porch area, windows and pavers
without required permits. On September 13, 2012, the Defendants, Jesus and Maira Sanchez, signed
a stipulation to code violation and for time to comply for first time offenses, admitting to the code
violations. On September 27, 2012, the Special Magistrate approved the stipulated agreement
between the property owners and the County issuing a final order with a compliance date of
February 1, 2013. Timely compliance was not achieved. On February 14, 2013, a stipulation for an
extension of time to comply was agreed upon between the Sanchez's and the County extending the
compliance date until June 30, 2013, within which the Sanchez's were to correct the code violations.
The Sanchez's did not gain timely compliance by the deadline of June 30, 2013. On June 30, 2013,
another stipulation for an extension of time to comply was agreed upon between the Sanchez's and
the County extending the compliance date until November 30, 2013 to correct the code violations.
Again, the Sanchez's did not gain timely compliance by the deadline of November 30, 2013. Since
the code violations were not corrected the fines ordered by the Special Magistrate began to accrue as
of December 1, 2013. The Final Order was recorded as a lien in the Monroe County Clerk's Office
on January 17, 2014. The current amount of the fines as of March 31, 2016 is $300,131.25
($297,850.00 fines and $2,281.25 costs) with a $350.00 per diem. On September 14, 2015, the
County filed a lawsuit in the Circuit Court, case number 15-CA-594-P. The new buyer is tasked with
cleaning up the previous owner(s) legal and un-permitted issues.
4EGOIX4K
3
A settlement agreement has been set forth to potential new buyer as follows:
Pay $43,694.00 to Monroe County for all fines and costs, this figure is reached by
granting the buyer75% reduction in the code fines and then reducing that amount by
the costs of repairs to come into compliance;
Complete cleanup and compliance within 6 months of closing of the property;
If not compliant by the 6 month deadline, this agreement is voidable solely at the
discretion of the County, and shall revert to the existing fine imposition of $350.00
per day and the$43,694.00 is treated as partial payment of full lien amount.
Once the outstanding settlement amount is received in full and final inspection of property is
completed, upon the execution of this agreement and approval from the Board of County
Commissioners, the County will:
Issue a release and satisfaction of the underlying code enforcement liens for filing by
the New Buyer in the Official Records of Monroe County;
File a notice of voluntary dismissal with prejudice and release of lis pendens with the
Clerk.
PREVIOUS RELEVANT BOCC ACTION:
August 20, 2014: Authorization to initiate litigation.
CONTRACT/AGREEMENT CHANGES:
Settlement Agreement
DOCUMENTATION:
Settlement Agreement
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: If yes, amount:
Grant:
County Match
:
4EGOIX4K
3
Insurance Required:
Additional Details:
STAFF RECOMMENDATION:
Approval of settlement agreement for successful purchase of the
parcel.
REVIEWED BY:
Steve Williams Completed 04/04/2016 8:43 AM
Bob Shillinger Completed 04/04/2016 11:31 AM
Kathy Peters Completed 04/06/2016 9:40 AM
Board of County Commissioners Pending 04/20/2016 9:00 AM
4EGOIX4K
3E
4EGOIX4K
3E
4EGOIX4K