Item P024
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.2
Agenda Item Summary #1881
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Steve Williams (305) 289-2584
N/A
AGENDA ITEM WORDING:
Approval of a settlement agreement for a code compliance lien
foreclosure case styled Monroe County v. Vera McKinney, Case No.: 16-CA-319-P, regarding real
property located at 20 Hibiscus Lane, Key Largo, FL 33037.
ITEM BACKGROUND:
On August 4, 2014, the County initiated Code Enforcement Case CE14050074, regarding the
property at 20 Hibiscus Lane in Key Largo. The property owner failed to connect the property to the
central sewer system. A hearing was held and a compliance date of February 1, 2015 was ordered.
The property owner did not gain compliance until September 22, 2015, resulting in fines of $100 per
day for 232 days. This equates to a fine of $23,200.00 plus costs of $1,359.89, totaling $24,559.89
due to the County. The BOCC approved litigation in October of 2015.
The civil action was filed on June 7, 2016. After being served with a copy of the Complaint, contact
was made with Ms. Mckinney who explained her extreme financial hardship. Ms. Mckinney did not
qualify for the CDBG block grant assistance due to the ownership of the property (another non-
spousal family member is on the deed with her) and its resulting lack of homestead status. Quite
simply, Ms. Mckinney cannot afford the payment of any fines. A reduction of the fines down to zero
is warranted in this unique situation. The county has offered that she only pay the costs ($1,359.89)
and she has stated that even this concession will require installment payments. She has agreed to
make six monthly installment payments. In good faith, she has mailed us the first payment. It is
being held until approval of this agreement.
This matter is before the BOCC as litigation has commenced, and the property owner never sought
mitigation of the fines before the Special Magistrate. The high costs are primarily due to the filing
fees on a non-homesteaded parcel.
PREVIOUS RELEVANT BOCC ACTION:
On October 21, 2015 the BOCC approved litigation against the property owner.
CONTRACT/AGREEMENT CHANGES:
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N/A
STAFF RECOMMENDATION:
Approval of Settlement Agreement.
DOCUMENTATION:
Settlement Agreement
Check
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
:
Insurance Required:
Additional Details:
REVIEWED BY:
Steve Williams Completed 09/02/2016 1:33 PM
Bob Shillinger Completed 09/06/2016 9:59 AM
Kathy Peters Completed 09/06/2016 5:36 PM
Board of County Commissioners Pending 09/21/2016 9:00 AM
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