Item N05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015 JUN Division: CoKpty Attorn
Bulk Item: Yes X No Staff Contact Person: Steve Williams 305-289-2526
I W-el 013
Presentation of settlement offer in Monroe County v. Rudolph Holdings, LTD, 15-CA- 1 07-M
ITEM BACKGROUND:
The County has a code enforcement lien against Rudolph Holdings, LTD in the amount of $1,604.52.
The property was a subject of a code compliance case for violations of the County's vacation rental
codes. The property owner Rudolph Holdings, LTD gained timely compliance by the Special
Magistrates Final Order of October 1, 2013, but the lien arose when the property owner failed to pay
the onetime fine payable in six equal parts, receiving the last payment on or before March 1, 2014. The
remaining balance of the lien totaled $1,604.52.
When collection efforts failed, the County Attorney's office filed suit against him on April 16, 2015.
On April 29, 2015 Rudolph Holdings, LTD paid the outstanding balance of $1,604.52, which closes
the code case. Currently, all fines and costs have been paid.
The parties agree that the County shall voluntarily dismiss the above -cited Code Enforcement case and
issue Defendant Rudolph Holdings, LTD a release and satisfaction of the underlying code enforcement
lien for filing by Rudolph Holdings, LTD in the Official Records of Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
The Board approved initiation of collection efforts on December 10, 2014.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of Settlement Agreement
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
1011 W W D1 tl OWN 9 M OKI) as Kola-MaJ "I DI a 3 Zi
REVENUE PRODUCING: Yes No — AMOUNT PER: MONTH: I YE
APPROVED BY: County Atty. X�'11' OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required I
DISPOSITION: AGENDA ITEM # M
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
MONROE COUNTY, a political
subdivision of the State of Florida, Case No.: 2015-CA- I 07-M
Hon. Timothy Koenig
V.
Plaintiff,
Defendant(s).
o a 0 V " Did �WR ,,I Do 043 1
The Plaintiff, Board of County Commissioners of Monroe County ("County") and
Defendant, Rudolph Holdings, LTD, the parties agree to settle the above -styled matter as
follows:
1. The County brought this action to enforce an unpaid code enforcement lien against
Rudolph Holdings, LTD and his property located at Lot 9, HARBOUR ISLAND,
AMENDED PLAT, according to the Plat thereof, as recorded in Plat Book 6, Page
84, of the Public Records of Monroe County, Florida. Also known as 418 Harbour
Drive, Duck Key, Florida 33050, Monroe County, FL (RE #: 00376951-000900)
("the Property") as a result of multiple violations found in Code Enforcement case
number CE 10090019.
2. Upon execution of this agreement and approval of the Board of County
Commissioners, the parties shall submit it to the Court for final approval. This
agreement shall take effect upon final approval by the Court.
3. The lien was imposed to secure a daily fine of $1,000.00 per day which commenced
running on September 26, 2013. Compliance was achieved on both violations by the
agreed upon compliance date October 1, 2013
4. The property owner admitted to the violations and therefore was ordered to pay a
onetime fine in the amount of $3,500.00 which was payable in six equal payments of
$583.33, with the first payment being due on October 1, 2013 and each subsequent
payment made on or before the 1st of each month until the final payment was to be
made on or before March 1, 2014.
5. The balance of the remaining lien due to the failure of payments of the onetime fine
imposed totaled $1,604.52.
6. April 29, 2015 the Defendant paid the outstanding balance of $1,604.52 which closes
the Code case.
7. The outstanding lien has been received, upon the execution of this agreement and
approval from the Board of County Commissions, the County will:
a. File a notice of voluntary dismissal with prejudice and release of lis pendens with
the Clerk; and
b. Issue Defendant, Rudolph Holdings, LTD a release and satisfaction of the
underlying code enforcement lien for filing by the Defendant in the Official
Records of Monroe County.
8. By entering into this agreement, each party agrees to waive any and all claims that it
could have raised and/or potential claims that it might have been able to raise as a
result of the above -captioned Code Enforcement case.
Rudolph Holdings, LTD Date
Defendant
3
Steven T. Williams Date
Assistant County Attorney
`
`
Clerk OfThe Court
16thJudicial Circuit" %
�
Monroe County, FL MAY -6 2085
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RE�[ase2Ol5CA1O���
Board ofCounty Commissioners vs Rudolph Holdings, Ltd
ToWhom ItMay Concern:
This is the written response required by the papers served tomemnApril 29, 2015.
In paragraph 11 it states that the case remains open due to an open amount due on a one time fine in
the amount of$1GO4.S2. This amount has been pain infull with check #1O3@dated April 29,2O15'
Paragraph 14 states that the property continues to be advertised for rental periods less than 28 days.
On December 10, 2014 1 appeared before the County Commission regarding the advertising of my
property for periods less than 30days. | explained that the vxebs|tehad been corrected and that infact
was verified by the code enforcement officer via the internet at the hearing. The m/ebsiteremains the
same and shows rental for aminimum of28days.
Now that the outstanding balance of $1604.52 had been paid, I am hopeful that this case can be
finalized and closed.
hn Rudolph
udolph Holdings
954-328-6502
Cc: Stevanl[ Williams
Assistant County Attorney
11111]~'Street, Suite 4O8