Item P094
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.9
Agenda Item Summary #2084
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 in the matter of Code
Enforcement Case CE06010030. This is regarding a code compliance lien regarding real property
located at 57 Ed Swift Road, Big Coppitt Key, FL.
ITEM BACKGROUND:
This is an older and unique code compliance case that the County has brought against Maria L. Ruiz,
and the property located at 57 Ed Swift Road, Big Coppitt Key, as a result of violation of an unsafe
building and its maintenance. The unique nature of this situation is that Ms. Ruiz came to the U.S.
during the Mariel boat lifts and suffered from severe mental health issues. The family has
documented Ms. Ruiz's issues including involuntary commitments after arriving in the United States.
Her son, Douglas Ruiz Hernandez, eventually obtained the property and brought it into compliance.
At that time he obtained the property, the outstanding lien remained unsatisfied. A fine of $150.00
per day had accrued for 3483 days, (May 19, 2006 - December 1, 2015) for a fine total of
$522,450.00. To date, the costs are $1,487.35 and costs will continue to accrue until the case is
closed.
Given the unique and well-documented issues suffered by Ms. Ruiz, a reduction of the fines well
below the 25% threshold (25% of $522,450 would still be $130,612) that is the County Attorney's
settlement authority, is warranted. Ms. Ruiz's son has already incurred significant expense in both
the matters involving his Mother's health and the cost of counsel in getting this property rightfully
into his name and then cleaning it up.
The proposed settlement offer that property owner Douglas Ruiz Hernandez agrees to is, pay
$10,000 to Monroe County as a partial payment of fines and pay $1,487.35 to Monroe County as
costs in full. If the Board approves, payment shall be made within 30 days of approval.
________________________________________________________________________________
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval of settlement agreement.
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DOCUMENTATION:
Settlement Agreement (D. Hernandez)
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 09/06/2016 11:47 AM
Bob Shillinger Completed 09/06/2016 12:00 PM
Kathy Peters Completed 09/06/2016 10:10 PM
Board of County Commissioners Pending 09/21/2016 9:00 AM
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