Item P01
4
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
September 21, 2016
Agenda Item Number: P.1
Agenda Item Summary #2071
BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Bob Shillinger (305) 292-3470
N/A
AGENDA ITEM WORDING:
County Attorney Report September 2016.
ITEM BACKGROUND:
N/A
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
N/A
DOCUMENTATION:
County Attorney Report September 2016
Code Compliance Costs and Fines thru August 2016
SM Code Fine Reductions as of SEPT 7 2016
FINANCIAL IMPACT:
Effective Date: N/A
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:
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Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 09/13/2016 3:36 PM
Kathy Peters Completed 09/13/2016 5:47 PM
Board of County Commissioners Pending 09/21/2016 9:00 AM
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BOARD OF COUNTY COMMISSIONERS
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Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Danny L. Kolhage, District 1
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David Rice, District 4
Sylvia J. Murphy, District 5
Robert B. ShillingerCounty Attorney** Office of the County Attorney
,
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Pedro J. Mercado, Assistant County Attorney ** 1111 12 Street, Suite 408
Cynthia L. Hall, Assistant County Attorney ** Key West, FL 33040
Christine Limbert-Barrows, Assistant County Attorney ** (305) 292-3470 Phone
Derek V. Howard, Assistant County Attorney** (305) 292-3516 Fax
Steven T. Williams, Assistant County Attorney**
Peter H. Morris, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
Rene Rogers, Assistant County Attorney
**
Board Certified in City, County & Local Govt. Law
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C:\Users\shillinger-bob\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\V02DWPKZ\COSTS FINES AUGUST 2016
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Total fines and
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C:\Users\shillinger-bob\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\V02DWPKZ\COSTS FINES AUGUST 2016
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SM Code Fine Reductions.xlsx
4G
Staff's
SM mitigation
Total amount reduction Staff SM reduction
Case #
offer
Case Name of fineofferreduction %%
SM DateReason for Additional Reduction
Rinerio Cairo & Carolyn Weisser -
8/27/2015CE1103012327,900.006,975.0075%6,975.0075%
No additional reduction
KW
PAID AND CLOSED
Mia Rubinstein - No payment,
Owner expressed extraordinary family circumstances and had
9/24/2015CE1307017046,000.0011,500.0075%6,900.0085%
KW
begin litigation 12/28/15
evaded foreclosure action
No additional reduction, had already been to SM for reduction
John R. Allison III - PAID AND
9/24/2015CE05020289101,350.0025,312.5075%25,312.5075%
and was never paid. That reduction plus the statutory interest
CLOSED
was more than the County's offer, so he ordered County's offer.
KW
Ricardo Leon - TOBIN
9/24/2015CE10060199111,700.0027,925.0075%27,925.0075%
9-30-15 - No additional reduction
KW
APPEALING
10-23-2015 - SM reduced the amount of fines from 350 per
HR Development - PAID AND
day to 100 per day based on the gravity of the violations and
9/24/2015CE09050201422,800.00105,700.0075%30,200.0093%
CLOSED
actions taken by Respondent, reducing total fine amount to
KW
120,800.00; then reduced by 75%
12/7/2015 - SM reduced the amount of fines to 150.00 per day
based on the gravity of the violation and reduced the number of
MACIAS LEONEL - PAID AND
10/29/2015CE10060189308,100.0077,025.0075%14,737.5095%
days fines accrued to 393 based on delay by property owner in
CLOSED
submitting plans/permit application to county, then reduced by
KW
75%,
CE08040012
12/7/2015 - SM reduced the edited amount of fines by an
ANTONY LIEN - GRIMAL GROVE -
10/29/2015CE08020055 942,960.0047,357.5095%9,471.5099%
additional 20% due to the potential to contribute to the public
PAID AND CLOSED
KW good as a community park and historical landmark.
CE08040015
12/7/2015 - SM reduced the amount of fines in half 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
11/19/2015CE08100048520,000.00130,000.0075%65,000.0088%
AND CLOSED
CE15020110 within 30 days. Non-compliance and non-
payment will result in the amount reverting to the full
KW
unmitigated total fine amount.
Mann, Trevor - PAID AND
11/19/2015CE140101368,000.002,000.0075%1,200.0085%
12/3/2015 - Owner expressed financial hardship
KW
CLOSED
12/3/2015 - Due to financial hardship of the organization, Mrs.
11/19/2015Civic Pride - PAID AND CLOSEDCE140500957,100.001,775.0075%710.0090%
Mitchell had paid for the connection out of their own funds.
KW
Prepared by Windsor-Kathleen 9/7/2016Page 1
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SM Code Fine Reductions.xlsx
4G
Staff's
SM mitigation
Total amount reduction Staff SM reduction
Case #
offer
Case Name of fineofferreduction %%
SM DateReason for Additional Reduction
Lancaster, Dunning, Deyo-
12/7/2015 - No additional reduction - CA AGREED TO 6
11/19/2015PAYMENT PLAN PAID IN FULL 6-CE06120150268,800.0067,200.0075%67,200.0075%
MTHS PAYMENT PLAN
KW
7-16 AND CLOSED
1/28/2016KWYoung - PAID AND CLOSEDCE14010131 26,900.006,725.0075%6,725.0075%
3-4-2016 - No additional reduction
3-10-16 - SM removed daily fine for one charge to better fit
Younce - Frank Greenman - PAID
gravity of the violation, removed 64 days for eviction of
1/28/2016CE1003017236,000.009,000.0075%8,700.0076%
AND CLOSED
tenants, removed 29 days after permit was issued to achieve
compliance. Readjusted penalty to 87 days @ 100.00 per day.
KW
3-4-16 - due to age and health of owners and gravity of the
1/28/2016Laskis - PAID AND CLOSEDU3-97-1009110,600.0027,650.0075%5,530.0095%
KW
violations, aesthetics rather than safety.
Mchutchison, previously Conn -
1/28/2016CE03120083LIEN REMAINS25,000.00LIEN REMAINS
SM approved $25,000.00 for partial release
KWPAID AND CLOSED
Gonzalez, Miguel & Isabel - PAID
2/25/2016CE1409000512,600.003,150.0075%1,567.3288%
3-4-2016 - due to property owners age and limited income
KW
AND CLOSED
Yaworski, Garry & Anita Fox -
3-4-2016 - "a modest additional reduction due to the diligence
2/25/2016CE140900957,100.001,775.0075%1,570.1078%
KW
PAID AND CLOSED
exercised by Lessee"
4-22-16 - due to unforeseen difficulties in the process of
CE1306019375%1,650.0085%
demolishing a mobile home primarily because of financial
3/31/2016KWATWILL - PAID AND CLOSED11,000.002,750.00
hardship
FNMA WAS CUERVO, OLD LIEN
Was pulled by County, PO has agreed to accept staffs
CE1011006275%N/AN/A
3/31/2016KWREMAINS paid staffs offer204,650.0051,162.50
maximum reduction offer
4-22-2016 - SM reduced the fine amount for the unsafe charge
to 50.00 based on the gravity of the violations, gave the PO
CE0909007575%46,550.0095%
benefit of doubt that he called in an inspection in 2010, and
SELECT RENTALS, GROH - PAID
reduced the fine amount for the lack of business tax to 25.00
3/31/2016KWAND CLOSED862,000.00215,500.00
per day.
Hartman, David - PAID AND
4/28/2016CE140901343,900.00975.0075%N/AN/A
PO has agreed to accept staffs maximum reduction offer
KW
CLOSED
ROWLAND - NO PAYMENT
5-23-16 - Has other outstanding liens, however due to financial
RECEIVED, FINE AMOUNT
situtation granted 50% discount. NOTE ALSO HAS 2 OTHER
CE14010062 - 0%7,750.0050%
REVERTS TO 15500.00 -
UNPAID LIENS CE14030027 & CE14010108. Already
4/28/2016KWALREADY APPROVED BY BOCC15,500.0015,500.00
approved by BOCC
Prepared by Windsor-Kathleen 9/7/2016Page 2
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SM Code Fine Reductions.xlsx
4G
Staff's
SM mitigation
Total amount reduction Staff SM reduction
Case #
offer
Case Name of fineofferreduction %%
SM DateReason for Additional Reduction
Sal Mar Sons - CAO agreed to
5-23-16 -Gravity of the violations deserve cumulative 150.00
CE1112006275%16,000.0083%
accept equal payments, to be
per day thereby reducing fines to 45,400.00 and then he further
4/28/2016KWpaid in full in 9 months92,600.0023,150.00
reduced to 16,000.00 due to contractor difficulties
BURGOS - APPEALING SM
6-16-16 - reduced the fine applied to the unsafe charge from
CE111001310%250,000.0036%
5/26/2016KWORDER OF REDUCTION388,800.00388,800.00
250.00 per day, to 50.00 per day.
SANDERS, THOMAS, ETC - CAO
6-14-16 - due to financial hardship and unable to qualify for
AGREED TO ACCEPT EQUAL
CE1405009775%3,730.0078%
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
5/26/2016KW12 MONTHS.17,000.004,250.00
of fines and full payment of costs to date 470.00.
6-14-16 -additional reduction due to financial hardship and
MULLEN - PAID AND CLOSED CE1307002175%3,850.0090%
5/26/2016KW38,500.009,625.00
medical emergency
7/26/2016 - given the respondents procrastination, the County
CE0807007850%70,237.5075%
has offered a reduction of only 50%. Based on the six
6/24/2016KWDIAZ, ALEXANDER280,950.00140,475.00
enumerated factors, SM granted the typical 75% reduction.
7/27/2016 - Staff has removed 1450.00 (29 days) due to
ANTON, MICHAELCE1204009681%350.0081%
technical glitch, no other persuasive reason for additional
6/24/2016KW1,800.00350.00
reduction.
6/24/2016MJDEMERITTCE1305002011,100.002,775.0075%2,775.0075%
7/27/2016 - Further reduction is unwarranted
CE150700600%#DIV/0!
NO REDUCTION OFFERED BY STAFF, VAC RENTAL
7/28/2016KWPRIDDY24,250.0024,250.00
CASE - PO CANCELLED ATTENDANCE ON 7-18-2016
7/28/2016KWRUMPF -CE1406006117,400.004,350.0075%100%
7/28/2016KWCARBALLOCE0902014768,250.0017,062.5075%100%
CE1310006475%100%
7/28/2016MJRIVERA, FRANK AND JOAN KELLY12,900.003,225.00
SUTTON, GREG - already
CE1310000975%100%
7/28/2016MJapproved by BOCC28,500.007,125.00
NO REDUCTION OFFER BY STAFF: HABITAT WAS
NOTIFIED OF LIEN PRIOR TO ACCEPTING DEED FROM
CE101001640%100%
MS WAGNER, AND HABITAT PROCEEDED TO
8/25/2016KWHABITAT WAS WAGNER64,200.0064,200.00
PROVIDE MS WAGER WITH A FULL RELEASE.
8/25/2016KWWILSON, JENNIFER39,100.009,775.00
CE0912016275%100%
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SM Code Fine Reductions.xlsx
4G
Staff's
SM mitigation
Total amount reduction Staff SM reduction
Case #
offer
Case Name of fineofferreduction %%
SM DateReason for Additional Reduction
8/25/2016KWWILSON, JENNIFER- 353,800.0088,450.00
CE1105001775%100%
8/25/2016MJSANDSCE140500305,400.001,350.0075%100%
FERRANDI SILVIA - HAS ALREADY
BEEN APPROVED BY BOCC FOR
CE1409014075%100%
8/25/2016MJLITIGATION27,600.006,900.00
SPECIAL SCHEDULED HEARING
9/15/2016
FOR MITIGATION REQUESTS:
9/15/2016KWBLACK, DAVID37,800.009,450.00
CE0806004175%100%
SPERLING - WAS GROS -
NO REDUCTION OFFER BY STAFF, PURCHASED W/
CE100500200%100%
9/15/2016KWPURCHASED W/ TAX DEED653,000.00653,000.00
TAX DEED
9/15/2016KWMONTILLACE07050258123,200.0061,600.0050%100%
75% NOT GOING TO BE SATISFACTORY, PO WANTS
CE140800890%100%
9/15/2016KWRICHARDS, PRYCE13,500.0013,500.00
HEARING
9/15/2016KWPRIDDYCE0507006026,250.0026,250.000%100%
NO REDUCTION OFFER BY STAFF - VAC RENTAL
OPULUXE PROPERTIES,
STAFF REDUCED 3RD LIEN BY 75%. THE OTHER
CE090400505%100%
PREVIOUSLY HSBC, PREVIOUSLY
LIENS WERE ATTACHED TO THE PROPERTY AT THE
9/29/2016KWREED. (3 LIENS)242,700.00230,550.00
TIME OF PURCHASE W/ PURCHASERS KNOWLEDGE.
NO REDUCTION OFFER BY STAFF, UNLIC
0%100%
9/29/2016KW287 PORT LARGOCE0903017080,150.0080,150.00
CONTRACTORS ETC
9/29/2016KWIP, DOMINICCE11010006459,750.00114,937.5075%100%
9/29/2016MJTOWNSENDCE0503025736,300.009,075.0075%100%
9/29/2016MJ
#DIV/0!#DIV/0!
10/27/2016KWCHINCE0603015857150.0014287.5075%100%
10/27/2016KWWANAT, LORETTACE10120053546,000.00546,000.000%100%
75% NOT SATISFACTORY, PO WANTS HEARING
10/27/2016KWROGERWITZCE07120020298,800.0074,700.0075%100%
10/27/2016MJSHALVATIS24,700.006,175.00
CE1405010375%100%
10/27/2016MJSHALVATISCE1405010423,800.005,950.0075%100%
NO REDUCTION OFFER BY STAFF, NO REASONS FOR
CE10090040%100%
REDUCTION PROVIDED AND PROPERTY SOLD W/O
11/17/2016KWPINBALL - ZALDIVAR96,950.0096,950.00
SATISFYING LIEN
11/17/2016KW#DIV/0!#DIV/0!
11/17/2016KW#DIV/0!#DIV/0!
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SM Code Fine Reductions.xlsx
4G
Staff's
SM mitigation
Total amount reduction Staff SM reduction
Case #
offer
Case Name of fineofferreduction %%
SM DateReason for Additional Reduction
11/17/2016MJ
#DIV/0!#DIV/0!
11/17/2016MJ#DIV/0!#DIV/0!
1/26/2017KW#DIV/0!#DIV/0!
1/26/2017KW#DIV/0!#DIV/0!
1/26/2017KW
#DIV/0!#DIV/0!
1/26/2017MJ#DIV/0!#DIV/0!
1/26/2017MJ#DIV/0!#DIV/0!
2/23/2017KW#DIV/0!#DIV/0!
2/23/2017KW
#DIV/0!#DIV/0!
2/23/2017KW#DIV/0!#DIV/0!
2/23/2017MJ#DIV/0!#DIV/0!
2/23/2017MJ#DIV/0!#DIV/0!
WAITING FOR SM ORDER
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