Item Q01BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
October 19, 2016
Agenda Item Number: Q.1
Agenda Item Summary #2248
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470
n/a
AGENDA ITEM WORDING: County Attorney Report October 2016.
ITEM BACKGROUND: See attached report.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: n/a
DOCUMENTATION:
County Attorney Report October 2016 revised 10 11 16
COSTS FINES SEPTEMBER 2016
Monthly Vacation Rental Report October 2016
SM Code Fine Reductions Oct 112016
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:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
If yes, amount:
REVIEWED BY:
Bob Shillinger
Completed
10/04/2016 7:18 PM
Bob Shillinger
Skipped
10/04/2016 7:16 PM
Budget and Finance
Skipped
10/04/2016 7:16 PM
Maria Slavik
Skipped
10/04/2016 7:16 PM
Kathy Peters
Completed
10/04/2016 7:37 PM
Board of County Commissioners
Pending
10/19/2016 9:00 AM
County of Monroe
nie Florida Keys
Robert B. Shillinger, County Attorney"
Pedro J. Mercado, Assistant County Attorney **
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney**
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
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tern George Neugent, District 2
%5
4� Danny L. Kolhage, District 1
ti David Rice, District 4
Sylvia J. Murphy, District 5
To: Mayor Carruthers & Commissioners
From: Bob Shillinger, County Attorney
Date: October 4, 2016, (revised October 11, 2016
Re: October 2016 County Attorney Report
Office of the County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470 —Phone
(305) 292-3516 —Fax
1. Donald Davis (Collins) v. Monroe County & State of Florida - The parties
reached a tentative settlement agreement during a mediation conference held on
8/29/16. The Board ratified the settlement agreement at the 9/21/16 meeting.
Under the agreement, the parties stipulated that the value of the Davis property
was $175,000; the parties also stipulated that the County and State are permitted
to appeal the underlying liability finding previously entered in favor of Mr. Davis.
The settlement eliminates the need for a valuation trial that had been scheduled for
10/17/16 before Chief Judge Mark Jones. After the Court enters a final iudpment,
the Countv & State clan on aaaealina the underlyina liability iudament to the Third
District Court of Appeal.
2. AirBnB. At the June 2016 meeting, the Board gave direction to work with the Tax
Collector to seek full payment of tourist development taxes by AirBnB customers in
a manner that does not conflict with or encourage violations of the County's
vacation rental ordinance. Included within that direction was to consult with
outside counsel to gauge the interest of other counties to join us in a suit against
AirBnB but also to negotiate with AirBnB to see if we can avoid litigation. Those
efforts are ongoing. Due to the sensitive nature of these efforts, Commissioners
are invited to contact the County Attorney for further details.
3. Galleon Bay Corp. v. Monroe County and State of Florida — 3d16-1502. The
developer/property owner filed a notice of appeal on 6/15/16. County and State
filed notice of cross appeal on 6/20/16. This is the eighth (8th) time this case has
been before the Third DCA. Galleon Bay's initial brief is due on 11/22/16.
4. FPL/Turkey Point impacts on FKAA's wellfields. The Board directed legal to
research options for taking legal action against FPL and others entities due to the
threat to FKAA's wellfields in Florida City posed by the hypersaline plume
emanating from the cooling canals at FPL's Turkey Point facility. We are
continuing to monitor the situation closely.
5. Delaney & Kulikowsky v. FKAA & Monroe County — CAK 16-439 - Grinder
pump easement litigation — Two property owners in the Cudjoe Regional
Wastewater System service area filed suit against the County and FKAA seeking a
judicial declaration that they are not obligated under state law and county
ordinance to connect to the CRWS unless the grinder pump is located in the right
of way; the amended complaint also seeks a writ of mandamus to compel the
county and the FKAA to provide a gravity hook up to the property owners. The
Board held a closed attorney client session at the 9/21/16 meeting as authorized
by F.S. 286.011(8). There are no further updates to report at this time.
6. Code Compliance Lien Collection cases.
As of the end of September 30, 2016, code compliance and legal staff have
collected $1,110,725.91 in fines and costs for FY16, which is more than double
the amount of fines and costs collected in FY15. As the attached spreadsheet
indicates, in prior years the collections were as follows:
FY12-$370,272 FY13-$427,458 FY14-$469,676 FY15-$552,408
7. Foreclosure Sale. In addition to the above described fines, on September 29,
2016, the Clerk auctioned off a Key Largo residential property on which the County
had a code lien of approximately $78,000. The winning bid was in excess of
$125,000 so the County will receive full payment on its lien. This $78,000 is not
included in the amount of code lien fines and costs collected in paragraph 6.
8. Vacation Rental Prosecutions. See attached memo from the Code Compliance
Director.
9. Code Compliance Fine Reductions — The Board requested periodic updates on
fine reductions granted by the Special Magistrate. Please see the attached chart
for details.
10.Assistant County Attorney vacancy. I am pleased to announce that veteran Key
West attorney Patricia Eables has accepted a position as an Assistant County
Attorney. She starts on October 17t" and will be filling the vacancy created when
Chris Ambrosio submitted his resignation. Mr. Ambrosio is under contract through
an agreement with his new firm - Cole, Scott, Kissane — to help bring Ms. Eables
up to speed on matters he was working on prior to his departure.
MONTH
FINES
COSTS
Total fines and
ATF FEES
FEMAINSP
TOTALALL
TOTALALL
Costs
TOTAL TO DATE
3,557,169.05
506,379.57
4,063,548.62 ±
388,724.60
128,560.00
4,580,833.22
4,580,833.22
Oct-15
61,426.72
10,511.57
71,938.29
7,750.00
0.00
79,688.29
Nov-15
48,354.30
11,793.36
60,147.66
4,973.00
0.00
65,120.66
Dec-15
62,632.50
6,632.92
69,265.42
2,000.00
0.00
71,265.42
Jan-16
107,268.81
9,832.65
117,101.46
3,950.00
0.00
121,051.46
Feb-16
51,280.56
4,053.38
55,333.94
5,700.00
0.00
61,033.94
Mar-16
90,377.88
9,444.40
99,822.28
3,500.00
0.00
103,322.28
Apr-16
195,134.49
9,909.37
205,043.86
11,950.00
0.00
216,993.86
May-16
116,788.89
10,038.53
126,827.42
5,750.00
0.00
132,577.42
Jun-16
76,766.16
15,398.33
92,164.49
5,450.00
0.00
97,614.49
Jul-16
55,079.02
7,142.74
62,221.76
3,500.00
0.00
65,221.76
Aug-16
56,431.52
8,022.33
64,453.85
2,255.00
0.00
66,708.85
Sep-16
76,726.41
9,679.07
86,405.48
8,400.00
0.00
94,805.48
1,175,403.91
2015-2016 Totals
998,267.26
112,458.65
1,110,725.91
64,678.00
0.00
1,175,403.91
Oct-14
54,290.83
10,089.61
64,380.44
2,000.00
0.00
66,380.44
Nov-14
6,937.50
2,320.91
9,258.41
5,293.00
0.00
14,551.41
Dec-14
32,966.67
5,214.20
38,180.87
8,604.00
0.00
46,784.87
Jan-15
3,591.67
1,707.54
5,299.21
4,500.00
0.00
9,799.21
Feb-15
57,802.61
9,142.24
66,944.85
5,537.40
0.00
72,482.25
Mar-15
68,916.67
6,091.97
75,008.64
8,060.00
0.00
83,068.64
A r-15
50,862.50
3,932.05
54,794.55
8,665.00
0.00
63,459.55
Ma -15
38,366.66
5,229.36
43,596.02
9,666.30
0.00
53,262.32
Jun-15
25,259.58
7,955.08
33,214.66
4,830.00
0.00
38,044.66
Jul-15
68 735.00
9,488.79
78 223.79
10 450.00
0.00
88 673.79
Au -15
27,778.66
6,091.43
33,870.09
8,707.10
0.00
42,577.19
Se -15
44 422.72
5,214.04
49 636.76
9,125.00
0.00
58 761.76
637,846.09
2014-2015 Totals
479,931.07
72,477.22
552,408.29
85,437.80
0.00
637,846.09
Oct-13
35,349.96
3,466.03
38,815.99
7,525.00
0.00
46,340.99
Nov-13
30 809.25
4,138.09
34 947.34
3,250.00
0.00
38 197.34
Dec-13
27,691.63
4,865.47
32,557.10
6,150.00
0.00
38,707.10
Jan-14
41 804.65
1,752.21
43 556.86
3,000.00
0.00
46 556.86
Feb-14
51,544.58
5,485.34
57,029.92
4,000.00
0.00
61,029.92
Mar-14
28 856.45
5,053.71
33 910.16
4,000.00
0.00
37 910.16
A r-14
22,908.66
5,418.39
28,327.05
8,500.00
0.00
36,827.05
Ma -14
8,691.99
3,152.10
11,844.09
10,558.00
0.00
22,402.09
Jun-14
79,184.00
14,272.72
93,456.72
7,000.00
0.00
r
100,456.72
Jul-14
12,108.94
6,453.84
18,562.78
7,500.00
0.00
26,062.78
Au -14
11,275.03
2,842.32
14,117.35
4,994.00
0.00
19,111.35
Se -14
53,768.00
8,782.68
62,550.68
8,196.40
0.00
70,747.08
2013-2014 Totals
403,993.14
65,682.90
469,676.04
74,673.40
0.00
544,349.44
544,349.44
Oct-12
39,950.54
6,278.67
46,229.21
7,250.00
990.00
54,469.21
Nov-12
17,416.97
1,461.55
18,878.52
3,700.00
720.00
23,298.52
Dec-12
56,966.98
9,203.80
66,170.78
3,500.00
270.00
69,940.78
Jan-13
30,599.96
7,206.40
37,806.36
3,880.00
450.00
42,136.36
Feb-13
29,600.30
6,145.60
35,745.90
3,500.00
270.00
39,515.90
Mar-13
15,821.30
4,406.98
20,228.28
5,200.00
270.00
25,698.28
A r-13
27,074.31
3,678.13
30,752.44
3,000.00
810.00
34,562.44
May-13
32,386.69
5,795.00
38,181.69
4,000.00
450.00
42,631.69
Jun-13
14,466.64
2,912.69
17,379.33
3,000.00
360.00
20,739.33
Jul-13
25,166.66
2,245.54
27,412.20
6,313.60
90.00
33,815.80
Au -13
32,566.64
1,450.56
34,017.20
5,800.00
0.00
39,817.20
Sep-13
51,324.96
3,330.80
54,655.76
3,750.00
0.00
58,405.76
2012-2013 Totals
373,341.95
54,115.72
427,457.67
52,893.60
4,680.00
485,031.27
485,031.27
Oct-11
64,020.50
6,892.20
70,912.70
3,500.00
2,430.00
76,842.70
Nov-11
8,800.00
3,386.36
12,186.36
2,000.00
1,170.00
15,356.36
Dec-11
3,550.00
2,635.70
6,185.70
2,500.00
1,800.00
10,485.70
Jan-12
21,300.00
4,725.41
26,025.41
3,000.00
1,620.00
30,645.41
Feb-12
28,546.66
3,695.38
32,242.04
1,800.00
1,440.00
35,482.04
Mar-12
31,925.00
5,516.99
37,441.99
3,500.00
1,620.00
42,561.99
Apr-12
36,696.66
2,693.08
39,389.74
4,000.00
1,800.00
45,189.74
May-12
65,617.33
6,176.11
71,793.44
4,060.00
1,530.00
77,383.44
Jun-12
5,217.00
667.39
5,884.39
2,000.00
810.00
8,694.39
Jul-12
28,433.32
6,782.45
35,215.77
1,590.00
1,080.00
37,885.77
Aug-12
7,917.30
9,126.20
17,043.50
4,745.00
630.00
22,418.50
Sep-12
15,350.00
600.79
15,950.79
2,000.00
720.00
18,670.79
2011-2012 Totals
317,373.77
52,898.06
370,271.83
34,695.00
16,650.00
421,616.83
421,616.83
Oct-101
28,433.00
5,430.21
33,863.21
0.00
0.00
33,863.21
Nov-10
28,234.78
4,972.51
33,207.29
1,000.00
2,070.00
36,277.29
Dec-10
36,730.68
3,159.63
39,890.31
9,800.00
2,160.00
51,850.31
Jan-11
42,444.08
5,188.79
47,632.87
5,405.00
1,980.00
55,017.87
C:\Users\shIIlinger-bob\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\V02DWPKZ\COSTS FINES SEPTEMBER
MONTH
FINES
COSTS
Total fines and
ATF FEES
FEMAINSP
TOTALALL
TOTALALL
Costs
Feb-11
26,727.00
5,126.63
31,853.63
3,220.00
2,060.00
37,133.63
Mar-11
55,517.56
9,022.78
64,540.34
14,283.00
3,240.00
82,063.34
Apr-11
20,201.00
5,076.11
25,277.11
1,500.00
2,340.00
29,117.11
May-11
19,470.50
5,792.91
25,263.41
2,500.00
3,960.00
31,723.41
Jun-11
19,154.96
6,489.46
25,644.42
3,000.00
2,880.00
31,524.42
Jul-11
17,625.00
2,691.82
20,316.82
1,500.00
1,710.00
23,526.82
Aug-11
58,432.00
5,282.78
63,714.78
3,000.00
3,330.00
70,044.78
Sep-11
20,700.00
4,253.46
24,953.46
2,000.00
2,340.00
29,293.46
511,435.65
2010-2011 Totals
373,670.56
62,487.09
436,157.65
47,208.00
28,070.00
511,435.65
Oct-09
2,605.25
2,197.76
4,803.01
0.00
1,950.00
6,753.01
Nov-09
24,337.98
2,518.11
26,856.09
0.00
1,620.00
28,476.09
Dec-09
17,897.58
2,459.76
20,357.34
0.00
2,320.00
22,677.34
Jan-10
24,351.33
1,929.51
26,280.84
0.00
1,800.00
28,080.84
Feb-10
1,191.33
1,368.20
2,559.53
0.00
1,260.00
3,819.53
Mar-10
5,621.83
3,705.74
9,327.57
500.00
2,760.00
12,587.57
Apr-10
4,500.00
8,299.61
12,799.61
1,000.00
2,950.00
16,749.61
Ma -10
29,587.00
3,703.34
33,290.34
2,000.00
2,820.00
38,110.34
Jun-10
16,608.36
5,017.01
21,625.37
10,070.00
1,890.00
33,585.37
Jul-10
5,583.00
4,096.95
9,679.95
2,500.00
1,350.00
13,529.95
Aug-10
15,866.00
5,164.69
21,030.69
13,068.80
2,250.00
36,349.49
Sep-10
35,556.50
2,375.07
37,931.57
0.00
0.00
37,931.57
278,650.71
2009-2010 Totals
183,706.16
42,835.75
226,541.91
29,138.80
22,970.00
278,650.71
Oct-08
8,226.62
893.85
9,120.47
0.00
2,610.00
11,730.47
Nov-08
4,047.50
153.22
4,200.72
0.00
2,340.00
6,540.72
Dec-08
6,768.75
2,091.65
8,860.40
0.00
2,700.00
11,560.40
Jan-09
1,000.00
667.86
1,667.86
0.00
2,770.00
4,437.86
Feb-09
31,413.26
1,493.71
32,906.97
0.00
2,070.00
34,976.97
Mar-09
21,275.00
1,082.51
22,357.51
0.00
2,770.00
25,127.51
Apr-09
7,996.37
531.28
8,527.65
0.00
2,830.00
11,357.65
May-09
101,604.72
5,039.96
106,644.68
0.00
2,170.00
108,814.68
Jun-09
15,682.82
4,887.75
20,570.57
0.00
1,980.00
22,550.57
Jul-09
25,378.25
1,999.07
27,377.32
0.00
1,710.00
29,087.32
Aug-09
21,447.00
3,303.99
24,750.99
0.00
1,610.00
26,360.99
Se -09
12,252.82
2,744.00
14,996.82
0.00
1,440.00
16,436.82
308,981.96
2008-2009 Totals
257,093.11
24,888.85
281,981.96
0.00
27,000.00
308,981.96
Oct-07
7,570.00
725.00
8,295.00
0.00
50.00
8,345.00
Nov-07
6,500.50
500.00
7,000.50
0.00
1,350.00
8,350.50
Dec-07
1,660.35
618.50
2,278.85
0.00
1,980.00
4,258.85
Jan-08
1,657.00
100.00
1,757.00
0.00
2,610.00
4,367.00
Feb-08
9,000.00
300.00
9,300.00
0.00
2,250.00
11,550.00
Mar-08
33,105.50
400.00
33,505.50
0.00
2,880.00
36,385.50
Apr-08
3,118.50
738.53
3,857.03
0.00
3,510.00
7,367.03
May-08
8,425.00
526.04
8,951.04
0.00
3,140.00
12,091.04
Jun-08
14,100.00
170.71
14,270.71
0.00
3,960.00
18,230.71
Jul-08
1,350.00
135.02
1,485.02
0.00
2,230.00
3,715.02
Aug-08
8,000.00
600.00
8,600.00
0.00
2,980.00
11,580.00
Sep-08
6,212.50
200.83
6,413.33
0.00
2,250.00
8,663.33
134,903.98
2007-2008 Totals
100,699.35
5,014.63
105,713.98
0.00
29,190.00
134,903.98
Oct-06
0.00
0.00
0.00
0.00
0.00
0.00
Nov-06
0.00
0.00
0.00
0.00
0.00
0.00
Dec-06
0.00
0.00
0.00
0.00
0.00
0.00
Jan-07
10,918.00
1,500.00
12,418.00
0.00
0.00
12,418.00
Feb-07
1,500.00
1,823.55
3,323.55
0.00
0.00
3,323.55
Mar-07
2,150.00
1,001.95
3,151.95
0.00
0.00
3,151.95
Apr-07
4,017.70
902.70
4,920.40
0.00
0.00
4,920.40
Ma -07
21,060.00
900.00
21,960.00
0.00
0.00
21,960.00
Jun-07
1,250.00
3,585.00
4,835.00
0.00
0.00
4,835.00
Jul-07
8,399.98
1,207.50
9,607.48
0.00
0.00
9,607.48
Aug-07
7,640.00
1,600.00
9,240.00
0.00
0.00
9,240.00
Sep-07
12,157.00
1,000.00
13,157.00
0.00
0.00
13,157.00
82,613.38
2007 Totals
69,092.68
13,520.70
82,613.38
0.00
0.00
82,613.38
C:\Users\shIIlinger-bob\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\V02DWPKZ\COSTS FINES SEPTEMBER
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-2517
Fax: (305) 289-2854
County of Monroe
Code Compliance
We strive to be caring, professional, and fair.
Board of Countv Commissioners
Mayor Sylvia Murphy, Dist.5
Mayor Pro Tern Danny L. Kolhage, Dist. 1
Heather Carruthers, Dist. 3
David Rice, Dist. 4
George Neugent, Dist. 2
TO: Bob Shillinger, County Attorney
FROM: Cynthia J. McPherson, Sr. Director Code Compliance
DATE: October 4, 2016
RE: Vacation Rental Code Compliance Cases for September 2016
The Code Compliance Department presented twenty-one (21) vacation rental
cases the Special Magistrate at a hearing held on September 29, 2016. The
Special Magistrate imposed fines of $79,996.00. A summary of the results of
these cases appear as follows:
14(Found in Violation (Including 6 Stipulated Agreements)
7 Cases Continued
21 Total Cases
SM Code Fine Reductions.xlsx
Q.1.d____
Staff's
Total amount
SM mitigation
Case #
of fine
reduction
Staff
offer
SM reduction
SM Date
Case Name
offer
reduction %
a
Reason for Additional Reduction
Rinerio Cairo & Carolyn Weisser
8/27/2015
CE11030123
27,900.00
6,975.00
75%
6,975.00
75%
No additional reduction
KW
PAID AND CLOSED
9/24/2015
Mia Rubinstein - No payment,
CE13070170
46,000.00
11,500.00
75%
6,900.00
85%
Owner expressed extraordinary family circumstances and had
KW
begin litigation 12/28/15
evaded foreclosure action
John R. Allison III - PAID AND
No additional reduction, had already been to SM for reduction
9/24/2015
CE05020289
101,350.00
25,312.50
75%
25,312.50
7S%
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
9/24/2015
CE10060199
111,700.00
27,925.00
75%
27,925.00
75%
9 30-15 -No additional reduction
KW
APPEALING
10-23 2015 - SM reduced the amount of fines from 350 per
9/24/2015
HR Development - PAID AND
CE09050201
422,800.00
105,700.00
75/0 u
30,200.00
93/0 u
day to 100 per day based on the gravity of the violations and
CLOSED
actions taken by Respondent, reducing total fine amount to
KW
120,800.00; then reduced by 75%
12/7i2015 - SM reduced the amount of fines to 150.00 per day
MACIAS LEONEL - PAID AND
based on the gravity of the violation and reduced the number of
10/29/2015
CE10060189
308,100.00
77,025.00
75%
14,737.50
95%
days fines accrued to 393 based on delay by property owner in
CLOSED
submitting plans/permit application to county, then reduced by
KW
75%,
ANTONY LIEN - GRIMAL GROVE -
CE08040012
12/7,-2015 - SM reduced the edited amount of fines by an
10/29/2015
CE08020055
942,960.00
47,357.50
95%
9,471.50
99%
additional 20% due to the potential to contribute to the public
KW
PAID AND CLOSED
CE08040015
good as a conununi ark and historical landmark.
g ty p
12/7/2015 - SM reduced the amount of fines in half due to
overlapping violations, then reduced by 75%. This amount is
11/19/2015
US Bank - cont from Oct - PAID
CE08100048
520,000.00
130,000.00
75/0 u
65,000.00
88/0 u
due in 30 days and contingent upon compliance of
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.
11/19/2015
Mann, Trevor - PAID AND
CE14010136
8,000.00
2,000.00
75%
1,200.00
85%
l2/3/2015-Owner expressed financial hardship
KW
CLOSED
11/19/2015
Civic Pride - PAID AND CLOSED
CE14050095
7,100.00
1,775.00
75%
710.00
90%
12/3/2015 - Due to financial hardship of die organization, Mrs.
KW
Mitchell had paid for the connection out of their own funds.
Prepared by Windsor -Kathleen 10/11/2016
SM Code Fine Reductions.xlsx
Q.1.d____
Staff's
Total amount
SM mitigation
Case #
of fine
reduction
Staff
offer
SM reduction
SM Date
Case Name
offer
reduction %
a
Reason for Additional Reduction
Lancaster, Dunning, Deyo
11/19/2015
PAYMENT PLAN PAID IN FULL 6-
CE06120150
268,800.00
67,200.00
75%
67,200.00
75%
12 15 - additional reduction - CA AGREED TO 6
IS
I
YtTI1PAYMENT PLAN
KW
7-16 AND CLOSED
1/28/2016
KW
Young - PAID AND CLOSED
CE14010131
26,900.00 6,725.00
75%
6,725.00
75%
34-2010 -No additional reduction
3-10-16 - SM removed daily fine for one charge to better fit
1/28/2016
Younce - Frank Greenman - PAID
CE10030172
36,000.00
9,000.00
75/0 u
8,700.00
76/0 u
gravity of the violation, removed 64 days for eviction of
AND CLOSED
tenants, removed 29 days after permit was issued to achieve
KW
compliance. Readjusted penalty to 87 days L 100.00 per day.
1/28/2016
Laskis - PAID AND CLOSED
U3-97-1009
110,600.00
27,650.00
75%
5,530.00
95%
3-4-16 - due to age and health of owners and gravity of the
KW
violations, aesthetics rather than safety.
Mchutchison, previously Conn
1/28/2016
CE03120083
LIEN REMAINS
25,000.00
LIEN REMAINS
SM approved $25,000.00 for partial release
KW
PAID AND CLOSED
Gonzalez, Miguel & Isabel - PAID
2/25/2016
CE14090005
12,600.00
3,150.00
75%
1,567.32
88%
4
3 -2016 -due to property owners age and limited income
KW
AND CLOSED
2/25/2016
Yaworski, Garry & Anita Fox -
CE14090095
7,100.00
1,775.00
75%
1,570.10
78%
3-f-2016 - "a modest additional reduction due to the diligence
KW
PAID AND CLOSED
exercised by Lessee"
4-22-16 - due to unforeseen difficulties in the process of
CE13060193
11,000.00
2,750.00
75%
1,650.00
85%
demolishing a mobile home primarily because of financial
3/31/2016
KW
ATWILL - PAID AND CLOSED
hardship
FNMA WAS CUERVO, OLD LIEN
CE10110062
20465000
5116250
o
75/o
N/A
N/A
Was pulled by County, PO has agreed to accept staffs
3/31/2016
KW
REMAINS paid staffs offer
,.,.
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
CE09090075
862,000.00
215,500.00
75%
46,550.00
95%
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
3/31/2016
KW
AND CLOSED
per day.
4/28/2016
Hartman, David - PAID AND
CE14090134
3,900.00
975.00
75%
N/A
N/A
PO has agreed to accept staffs maximum reduction offer
KW
CLOSED
5-23-16 - Has other outstanding liens, however due to financial
situtation granted 50% discount. NOTE ALSO HAS 2 OTHER
CE14010062 -
15,500.00
15,500.00
0%
7,750.00
50%
UNPAID LIENS CE14030027 & CE14010108. Already
4/28/2016
KW
ROWLAND -PAID AND CLOSED
approved by BOCC
Prepared by Windsor -Kathleen 10/11/2016
9
SM Code Fine Reductions.xlsx
Q.1.d____
Staff's
Total amount
SM mitigation
Case #
of fine
reduction
Staff
offer
SM reduction
SM Date
Case Name
offer
reduction %
°
Reason for Additional Reduction
Sal Mar Sons - CAD agreed to
5-23-16 -Gravity of the violations deserve cumulative 150.00
accept equal payments, to be
CE11120062
92,600.00
23,150.00
75%
16,000.00
83%
per day thereby reducing fines to 45,400.00 and then he further
4/28/2016
KW
paid in full in 9 months
reduced to 16,000.00 due to contractor difficulties
6-I6-16 - reduced the fine applied to the unsafe charge from
BURGOS - APPEALING SM
CE11100131
388,800.00
388,800.00
0%
250,000.00
36%
250.00 per day, to 50.00 per day. SF I" t I,F%IFN'I' OF'FFR BY
ORDER OF REDUCTION - HEARD
PO PRESENTED TO BOCC. BOUC APPROVED 40,000.00
5/26/2016
KW
BY BOCC 9-21-16
'1 O S1,1"I'LF THIS CASE W 90 DAYS'f0 PAY
SANDERS, THOMAS, ETC - CAO
6-14-16 - due to financial hardship and unable to qualify for
AGREED TO ACCEPT EQUAL
CE14050097
17,000.00
4,250.00
75%
3,730.00
78%
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
5/26/2016
KW
12 MONTHS.
of fines and full payment of costs to date 470.00.
6-14-16 -additional reduction due to financial hardship and
5/26/2016
KW
MULLEN PAID AND CLOSED
CE13070021
38,500.00
9,625.00
75%
3,850.00
90%
medical emergency
7'26,2016 - given the respondents procrastination, the County
QIAZ, ALEXANDER - TOBIN HAS
CE08070078
280,950.00
140,475.00
50%
70,237.50
75%
has offered a reduction of only 50%. Based on the six
6/24/2016
KW
FILED APPEAL
enumerated factors, SM granted the typical 75% reduction.
ANTON, MICHAEL - PAID AND
7/27%2016 - Staff has removed 1450.00 (29 days) due to
CE12040096
1,800.00
350.00
81%
350.00
81%
technical glitch, no other persuasive reason for additional
6/24/2016
KW
CLOSED
reduction.
DEMERITT- NOT PAID, MOVE
6/24/2016
MJ
TO BOCC FOR FULL AMOUNT
CE13050020
11,100.00
2,775.00
75%
2,775.00
75%
7127%2016 - Further reduction is unwarranted
Cri 507006n
2n�n nn
anon nn
"
9!
NO REDUCTION OFFERED BY STAFF, VAC RENTAL
' zgP4"
KW
ooi�nv
CASE - PO CANCE1,1.ED ATTENDANCE ON 7-18-2016
9-19-2016 - Due to the terminal illness of the property owner
CE14060061
17,400.00
4,350.00
75%
2,500.00
86%
resulting in his inability to clearly manage his affairs,
7/28/2016
KW
RUMPF -
Respondents' family should be granted some relief.
Prepared by Windsor -Kathleen 10/11/2016
9
SM Code Fine Reductions.xlsx
Q
1.c1
Staff's
Total amount
SM mitigation
Case #
of fine
reduction
Staff
offer
SM reduction
SM Date
Case Name
offer
reduction %
a
Reason for Additional Reduction
ca
9-19-16 -SM applied an adjustment to the number of days of
tv
noncompliance from 195 to 154 for the time that elapsed
CE09020147
68,250.00
17,062.50
75%
5,775.00
92%
between submission of plan corrections to the issuance of the
p
o
permit. Also, Gravity of the violations deserve cumulative
150.00 per day thereby reducing fines to 23,100.00 and then he
D
further reduced to 5,775.00 based on six enumerated factors for
0
7/28/2016
KW
CARBALLO
determining whether a fine should be mitigated.
9-19 2016 - Due to financial hardship and health issues may
a)
RIVERA, FRANK AND JOAN KELLY
CE13100064
12,900.00
3,225.00
75%
3,000.00
77%
pay 3000. plus costs of 600 in 12 equal payments. First
o
7/28/2016
MJ
already approved by BOCC
payment due within 14 days of this order
949-2016 - Due to financial hardship and health issues may
2t
SUTTON, GREG - already
CE13100009
28,500.00
7,125.00
75%
3,100.00
89%
pay 3100. plus costs of 500 in 12 equal payments. First
M
7/28/2016
MJ
approved by BOCC
payment due within 14 days of this order
U
9-24-16. Habitat accepted Ms. Wagners gift w/ full knowledge
00
CE10100164
64,200.00
64,200.00
0%
15,000.00
77%
of lien, but an adjustment to a fine less excessive is warranted.-
N
8/25/2016
KW
HABITAT WAS WAGNER
15,634.84 payment in 30 days
As a result of a lengthy review of the case and circumstances,
0
including the contractor(s) actions and contractor(s) citations
that were issued, all evidence points to a contractor remiss in
u
CE09120162
39,100.00
0.00
100%
0.00
100%
his responsibilities. As a result staff would backdate the
0
compliance date of this case to August 20, 2010. 9-2446 -
0
Parties agreed to settle for payment of costs 1212.23 payable in
o
8/25/2016
KW
WILSON, JENNIFER
30 days
9/24i2016 - 150.00 per day better fits the gravity of the
CE11050017
353,800.00
88,450.00
75%
13,440.00
96%
violations, basd on 6 factors, father reduced 134,400.00 by
8/25/2016
KW
WILSON, JENNIFER
90%. 14,808.93 payable in 30 days
ii
8/25/2016
MJ
SANDS
CE14050030
5,400.00
1,350.00
75%
1,350.00
75%
9-24-16 -No additional Reduction
a
0
U
FERRANDI SILVIA - HAS ALREADY
BEEN APPROVED BY BOCC FOR
CE14090140
27,600.00
6,900.00
o
75%
1,575.00
0
94/
9-24-2016 - SM reduced the number of days fine ran by the
c
LITIGATION Count has agreed
Y g
time PO was seeking financial assistance, reducing fine amount
to extend the payment due by
to 6300.00 and further reducing that amount by 75%. 2,032.31
8/25/2016
MJ
December 31, 2016.
Iduc in 30 days.
it
Prepared by Windsor -Kathleen 10/11/2016
SM Date
Case Name
SM Code Fine Reductions.xlsx
Total amount Staff's SM mitigation
Case # offer of fine reduction Staff SM reduction
offer reduction % %
Reason for Additional Reduction
ISPERLING - WAS GROS - I
o o �P 20-16 - SM approved $15,000.00plus costs of 1,237.33 for
9 15 2016 KW PURCHASED W TAX DEED CE10050020 653,000.00 LIEN REMAINS 0% LIEN REMAINS 100% atrial release
Prepared by Windsor -Kathleen 10/11/2016
SM Date
Case Name
Case #
SM Code Fine Reductions.xlsx
Total amount Staff's SM mitigation
offer of fine
reduction Staff SM reduction
offer reduction % %
Prepared by Windsor -Kathleen 10/11/2016
Reason for Additional Reduction