Item N06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 10, 2015 JUN Division: County Attorney
Bulk Item: Yes X No Staff Contact Person: Steve Williams 305-289-2526
AGENDA ITEM WORDING: Approval of a settlement agreement in code case CE 13 04015 8 and
case number CAP 15134 between Monroe County and Jose and Mirta Gonzalez, and Elena Morejon
regarding the lot located at 16 Pigeon Drive, Key Largo, Florida 33037.
ITEM BACKGROUND: Under the proposed settlement agreement, Jose and Mirta Gonzalez, and
Elena Morejon, the current property owner, would pay a total of $3,487.09 on or before July 10, 2015.
Under the proposed agreement, if the fine amount is not paid by the deadline, then the fine amount will
revert to the original amount.
As a result of the Special Magistrates Order for code compliance case CE13040158, and non-
compliance, the BOCC approved the initiation of litigation against the property owners on November
18, 2014. The property owner gained compliance on January 14, 2015. As a result fine(s) of $100.00
per day ran for 408 days (December 2, 2013 — January 14, 2015), for a total of $40,800.00.
A summons was served on the defendants in Circuit Court Case CAP 15134 on March 9, 2015. On May
7, 2015 the property owners submitted a letter explaining the extenuating circumstances of the case and
the letter addressed the mailing address for the property owners on the County Tax Records. Research
of the tax records reveals that the property was deeded to Mirta Gonzalez and Elena Morejon in 2000
with a mailing address of 10321 SW 55 Street, Miami, FL 33165. Subsequently a Quit Claim Deed
was recorded in MCCO in 2008 adding Jose Gonzalez as a joint tenant with a mailing address of 16
Pigeon Drive, Key Largo. The property appraiser confirmed that from 2000 to 2008 the mailing
address on the tax records was 10321 SW 55 Street, Miami, FL 33165 and that the property owners did
not realize that the Quit Claim Deed had altered their mailing address. The address on the tax records
has been corrected.
Based upon the circumstances of this case, the County Attorney would recommend removing the fines
from December 2, 2013 to November 24, 2014; the date the wastewater connection pen -nit was issued.
Therefore the fines remaining would be 41 days (October 24, 2014 — December 4, 2014) for a fine total
of $4,100.00. Additionally, the maximum reduction allowed by staff is 75% resulting in a final fine
amount of $1,025.00.
PREVIOUS RELEVANT BOCC ACTION: On November 18, 2014 the BOCC approved to initiate
litigation.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of Settlement Agreement of $3,487.09.
TOTAL COST: INDIRECT COST: BUDGETED: Yes N*
ZIIWTS-jq���
FkEVENUE PRODUCING: Yes No AMOUNT PER: MONTH: TE�Vt:
APPROVED BY: County Atty. 44", OMBRisk agement
_2(�&•/Purchasing ManI
DOCUMENTATION: Included x Not Required
AGENDA ITEM #
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,
Plaintiff,
im
Jose and Mirta Gonzalez, and
Elena Morejon,
Defendant(s).
SETTLEMENT AGREEMENT
Case No.: 2015-CA- 1 34-P
Hon. Luis Garcia
The Plaintiff, Board of County Commissioners of Monroe County ("County") and
Defendants, Jose and Mirta Gonzalez, and Elena Morejon, 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
Jose and Mirta Gonzalez, and Elena Morejon, and their property located at Lot 15,
Block 11, SEXTON COVE ESTATES RESUBDIVISION, according to the Plat
thereof, recorded in Plat Book 6, Page 30 of the Public Records of Monroe County,
Florida. Also known as 16 Pigeon Drive, Key Largo, Florida 33037, Monroe County,
Florida (RE #: 00532701-030000) ("the Property") as a result of a violation found in
Code Enforcement case number CE13040158.
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 effect upon final approval by the Court.
3. The Defendants Jose and Mirta Gonzalez, and Elena Morejon, own the property.
4. The County holds a valid code enforcement lien against the property due to fines
imposed by the Code Enforcement Special Magistrate against Defendants on
December 1, 2013 as a result of a violation of the Monroe County Code.
5. The Defendants agree to pay a total of $3,487.09 in full on or before July 10, 2015.
6. Payments shall be made via attorney trust account check or certified check or money
order and shall be sent to: Monroe County Growth Management Division, Attn:
Kathleen Windsor, 2798 Overseas Highway, Marathon, FL 33050.
7. If the County does not receive the payment by the deadlines set forth in paragraph (4),
this agreement is voidable at the option of the County upon written notice to the
Defendants.
8. Once 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 Defendants, Jose and Mrita Gonzalez and Elena Morejon, a release and
satisfaction of the underlying code enforcement lien for filing by the Defendants
in the Official Records of Monroe County.
9. 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.
Jose and Mirta Gonzalez and Date
Elena Morejon
Defendants
2
Steven T. Williams Date
Assistant County Attorney
May 15, 2015
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