Item V1
Hugh J. Morgan
James T. Hendrick
Karen K. Cabanas
Robert Cintron, Jr.
LAW OFFICES
MORGAN & HENDRICK
317 WmTEHEAD STREET
KEY WEST, FLORIDA 33040
TELEPHONE 305.296.5676
FACSIMTLE 305.296.4331
w. emry Harris
(1907.1988)
Hilary U. Albury
(1920-1999)
FAX TRANSMISSION
TO: COMMISSIONER SONNY MCCOY
COMMISSiONER GEORGE NEUGENT
MAVORDIXlE S.P}.~HAR
COMMISSIONER DA VlD RICE
MAYOR PRO TEM M-URRAY NELSON
RICHARD COLLINS, ESQ.
JIM ROBERTS
BELLE DESANTiS, CLERK'S OFFICE
TIM MCGARU-.Y
FAX #:
292-3577
872-9195
292-3466
289-6306
852-7162
292-3516
292-4544
295-3663
289-2536
FROM:
DATE:
SUBJECT: GROWTH MANAGEMENT LITlGATlON REpORT
TRA. ~SMITTER:
Total number of pages including this cover sheet: 4
ORIGINAL DOCUMENT(S):
WILL NOT BE SENT
REGULAR
KAREN CA.BANAS, ESQ,
SEPTEMBER 12, 2003
COMMENTS:
WILL BE SENT
OVERNIGHT
Our File # 161.01
The illform~n(ln contained in. ihis facsimile message is arrorney privikged and tonfidelltial. inTCIJded only for me use of tOe indjvidual or endry
Jl..'\Jlled ~bovc. If the reader of lhis mc~sage is not [he illlenocQ: rccipient, you are hereby notified that any disseminatioD > (Ij~tribution or copy of lhis
cOlllDlmlication is slriclly prohibilCd. if you have received this communicauon in error, plea.~e immedialely notify U~ by ,cl~pbone a.tld retllm the
original message to u.~ at the a.bove ad(lre$~ VIA the U. S. Posr.al S"rviCto. If you do not rcceiv" all pages. please can back as soon as possible 305-
296-5076. The following is oW' fax number 305.296.4331.
P.O. Box 1117, KEY WEST, FL 33041 9 TELEPHONIi 305 296.5676 ~ FACSIMILE 305296.4331
VI
--"" ---.- .-...--
GROWTH MANAGEMENT LITIGATION REPORT
TO:
BOCC; Richard Collins; Tim McGarry; Jim Roberts
FROM:
Karen Cabanas .
DATE:
September 12,2003
(This report will nOW set forth any new developments in underline font).
Vacation Rentals
N eumont (Federal Class Action) -" Federal class action case allegillg vacation reD tal ordinance was
prematurely enforced~ is an unconstitutional taking of Plaintiffs' properties, and was adopted in
violation of due process. The COUlt has either dismissed or entered iudgment in favor of Monroe
County on all counts. Plaintiffs have stated that they intend to appeal to the 11th Circuit.
($77,091.25 as of August 31, 2003).
Takin(!s Claims
Galleon Bay _ Two cases: Appeal of vested rights decision and taking claim. Awaiting ruling from
3rd DCA on vested rights appeal. County's illotion to dismiss taking claim was denied and case will
proceed with discovery. ($19,565.25 as of August 31,2003) (does not include prior Galleon Bay
matters).
PhclpslHardin _ Claim brought in federal court for due process and inverse condemnation based 011
code enforcement proceedings that res1..1lted in a lien on Plaintiffs' property. Federal court has
entered iudgment in favor of Monroe COUllt Y due to reinstatement of state court appeal of code
enforcement order. ($6,059.00 as of August 31, 2003).
Good _ Seeking declaratory relief and takings clalm for ~ 16 acre SugarloafShores propeliy due to
commercial moratorium which began January 4, 1996- County's motiol1 to dismiss is being held in
abeyance until Plaintiff obtains a pre-application letter of understanding as to tl1e level of
development that is pen1lissible on each parcel of property. ($8,992.50 as of August 31, 2003).
Emmert _ Complaint seeking inverse condemnation based on partial granting of Beneficial Use
application. Plaintiffs were granted partial beneficial use from wetland regulations, thus expanding
the buildable area of their vacant Ocean Reef lot fron1 approximately 1,800 to 2,500 square feet.
However, Plaintiffs camlot build within this area due to Ocean Reef Association deed restrictions
requiring setbacks in excess of those required by Monroe County. Plaintiffs allege that Monroe
County's actions have resulted in a denial of all economic use of their property, despite expressly
allowing a 2,500 square foot buildable area. MOlU'oe County's motion to dismiss was denied on
grounds that court has original j misdiction over constitutional claims & carolot be bound by Hearing
Officer's findings. Parties are proceeding with discovery. ($2,957.50 as of August 31,2003).
--- -_.---
Other Matters
Clay (Big Pine Moratorium) ~ Complaint filed against Monroe County alleging various claims
(takings) vested rights, etc.) based on the de facto building moratorium on Big Pine due to the traffic
level of service and concurrency mandate. Judgment was entered in favor of Monroe County on
basis that concurrency is a state~imposed mandate, not a County regulation; also based on fact that
FDOT is respol1sible for upgrading U.S. 1, not Monroe County and issuance of any building permits
by Monroe County may violate state concurrency and Endangered Species Act provisions. Plaintiffs
appealed to 3Td District Court of Appeals, which affirmed the trial court's nlling in fayor of County.
Plaintiffs have filed with the Florida Supreme Court reauesting it to accept iurisdiction over case
based on alleged conflict between 3d DCA's judgment and other DCA & U.S. Supreme Court
opinions on the issue ofrioeness and futility. ($17,594.00 as of August 31, 2003).
Ambrose _ Declaratory action claiming vested rights under 9380.05(18) based on f.ling of
subdivision plats. Pursuant to summary judgment proceedings and his previous orders, J udgc Payne
ordered that Plaintl ffs prove ownership of a single Plaintiffs' lot so that legal issues may be appealed
rather than spend extensive time in trial court litigating ownership issues as to each lot at issue.
Various environmental groups were also granted leave to intervene. Court entered final summary
judglnent for approximately 75 Plaintiffs. Final Order has been entered by Court and all Defendants
have filed notices of appeal. Oral argument was held February 5, 2003. Awaiting ruling.
($56,018.75 as of August 31,2003).
Upper Keys Citizens Association - Appeal to Div. of Admin. Hearings of Planning Commission's
approval of North Key Largo sub-station for Fla. Keys Electric Co-Op. Hearing officer's ordcr
upholdi11g planning Commission resolution was upheld, but Plaintiffs have filed further appeal to
circuit court. COLU1ty'S response has been filed and case wil1 be set for oral argument. ($12,375.00 as
of August 31,2003).
Lawson _ Appeal of Monroe County Planning Commission resolution. COUl1ty's Answer Brief is
due August 25. ($112.50 as of August 31, 2003).
Johnson _ Writ of Man darn us challenging Director ofPlam1ing's determination that application for
'tboLmdary determination" by alleged error requires zoning map amendment application. Applicant
applied for boundary detennination based on allegation that BOCC previously adopting change ill
zoning. Director's detennination was based on review of records faj ling to show any error or prior
consideration of such zoning change. Director rej ected app lication and informed Owner to properly
me for zoning map amendment. (Boundary detennjnation may be placed on BOCC agenda without
the public notice required for a zoning change). Hearing 011 mandamus is being re-set. ($965.00 as
of August 31, 2003).
Department of Community Affairs v. Monroe County - Case before Land and Water
Adjudicatory Commission alleging that County has failed to comply with various Comp Plan
requirements by failing to routinely amend endangered species maps, and vegetation surveys as to
high & moderate quality hammock areas. Also alleges that County has allowed higher ROGO scores
that should have been allocated due to failure to amend maps, thereby allowing more residential
development than should have been approved. Settlement discussions are proceeding <U1d case is in
2
----.
abeyance _ parties intend to resolve based on tier system/rogo amendments presently under
consideration for adoption. ($2,622.50 as of August 31, 2003).
Department of Community Affairs v. G. Contreras; DCA v. D. Contreras - Two petitions by
DCA before FLAW AC challenging residential building permits issued on Key Largo for on same
grounds as above case. Cases have been settled with DCA pennitting development already approved
bv Monroe County to proceed. ($187.50 as of August 31,2003).
Eads '1/. Monroe County - Three pending cases: (1) Appeal ofBOCC decision to deny rescindment
of designation and original declaratory action alleging de-designation criteria is violation of dlle
process because it is unduly oppressive for failing to consider financial burden & condition of
structure (2) appeal of code enfol-cement order finding property in violation for unsafe condition' and
(3) appeal before hearing officer of HPC decision to deny application for demolition &
reconstructioll- BOCC's decision to deny rescinding mstol;cal designation was upheld by Judge
Garcia. Code enforcement appeal and demolition/reconstruction appeal are being held in abeyance
pending final ruling on due process claim. Trial on due process claim was held August 22. Once all
post-trial briefs are submitted, the court will issue its opinion. ($19,017.50 as of August 31, 2003).
Quay Appeal (Parker v. Monroe County): Appeal ofPianning Conunission resolutions granting
conditional use, receiver and sender site commercial square footage transfer. Appellant's initial blief
was filed: County's Answer Bri ef will be filed this week and will include request for expedited oral
argument and rulill~
NROGO Allocation appeals (Smart Planning v. Monroe County): Smm1 Planning Coalition
appeal of NROGO allocation based on allegation that allocations violate NROGO/Comp Plan
provisions becaLlse Key Largo CommuniKeys Master Plan not yet adopted. Case was dismissed for
lack ofiunsdictjon.
3
Memo
To: Richard Collins, County Attorney
From: Bob Shillinger, Asst. County Attorney
Date: September 16, 2003
Re: Code enforcement fines collected (ytd)
Since the beginning of the year, the County has collected a total of
$99,397.19 in code enforcement fines.
FialloNazquez
Gustinger
Madison
Morrell
Nesbit
Osborne
Schumacher
$5,000.00
$20,000.00
$7297.19
$100.00
$51,500.00
$7,500.00
$8,000.00*
Total
$99,397.19
* Schumacher sent $8000.00 per demand letter but property still not in
compliance.
Scheduled for September
Brown
Dillingham
Duzka
Kelly
Hernandez
Matthies
OF asking for zero; staff opposed.
$2000.00
OF asking for zero; staff opposed.
$700.00
$250.00
$1000.00
V. I
Memorandum
To: Richard Collins, County Attorney
From: Bob Shillinger, Asst. County Attorney
Date: September 16, 2003
Re: September 2003 litigation report
D&J Industries v. Monroe County
Circuit Court 16th Judge Garcia
CA P 99-543
Date Filed: 10/12/99
This is a petition for writ of certiorari review of the BOCC's decision to award
contract for roofing contract for the Marathon Government Annex to another
bidder.
Status:
Closed. Dismissed for lack of prosecution.
Next Activity:
Hearing on BOCC's Motion for Attorney Fees tba.
Time: $5,160.00 Costs: unknown
Decker. Harry v. Monroe County CA K 01-1252
Circuit Court 16th Judge Payne Date Filed: 10/5/01
This is an appeal of a code enforcement OSTDS case. The County's Answer
brief has been drafted and is undergoing the revision process.
Current Status:
County's brief has been drafted, needs revisions
Next Activity:
File County's brief.
Time: 6 hours
Costs: none
Eads. Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia.:. Date Filed: 2/27/03
This is a code enforcement appeal of the special master's order finding the Lowe
House to be in unsafe condition and setting forth a compliance schedule. The
SM had vacated his prior order, which had imposed fines in excess of
$300,000.00 to address concerns set forth by Ms. Eads. Dissatisfied with the
compliance schedule, Ms. Eads took the current appeal. 'CA Y staff filed a cross
appeal of the SM's order vacating the fines. Barbara Eads has also filed a cert.
Petition for review the BOCC's denial of her request to de-designate this
property as an historic structure. That case is being handled by K.
Cabanas.
Status:
This matter is on hold, pending the outcome of the cert. case.
Next Activity:
activity.
If not resolved by cert. case, Appellant's brief is the next
Time: 2 hours
Costs: none
Ferns, William dba Gyros Kina v. Monroe County, CAP 03-209
Circuit Court (16th) Judge Garcia Date filed: 04/08/03
This is an appeal of the Code Enforcement Special Master finding that the
Appellant violated the County's sign ordinance by having a vehicle with signage
painted on it parked so as to serve more as a sign than as a vehicle. The SM
imposed a fine of $5,000.00 for irreparable damages and a daily fine until
compliance was achieved. Compliance was achieved.
Current Status: We have agreed to resolve this matter by dismissing the appeal
and foregoing the $5,000 fine.
Next Activity: Appellant needs to sign the revised settlement agreement that I
drafted.
Hours to Date: 2.0 hours.
Costs/Expenses: none.
Fuchs. Walburaa v. Monroe County CA K 01-1251
Circuit Court (16th) Judge Vernon Date Filed: 10/5/01
This is a code enforcement appeal of an OSTDS case.
Current Status: The County's Answer brief has been drafted and is currently
being revised. The Appellant has consented to an extension.
Next Activity:
File brief.
Time: 8 hours
Costs: none
Hinote Construction v. Monroe County CA P 03-344
Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003
This is a 9 1983 action arising out of a denial by the Planning Commission of a
transfer of commercial square footage to the proposed Walgreen's in Key Largo
against the advise and recommendation of staff.
Current Status: Court granted County an indefinite extension to file an
Answer due to Plaintiff's settlement offer. Court denied Smart Growth Coalition's
motion to intervene.
Next Activity:
Answer complaint or settle case.
Time: 15.4 hours
Costs: $50.46
Klopp, Michael v. Monroe County
Circuit Court 16th Judge Garcia Date Filed: 10/2/02
CAP 02-522
This is a code enforcement appeal of a trash and debris dumping case
Status: Both sides have completed their appellate briefs. Neither side has
requested oral argument.
Next Activity:
Awaiting ruling from the Court
Time: 26 hours
Costs: $50.46.
Loose, Karl eta/v. Monroe County Case No.: 03-10019-CIV-Hiahsmith
U.S. Dist. S.D.Fla.: Judge: Highsmith Date Filed: March 2003
This federal ADA case, in which a professional Plaintiff complains of deficiencies
for handicap access in the Key West Court House complex. The CAY engaged
the firm Vernis & Bowling to serve as co-counsel because the matter is in federal
court.
Current Status: The case is in the discovery process.
Next Activity: Plaintiff's Deposition tentatively scheduled for October 14, 2003
in New Jersey.
Time: 26.2 hours by CAY
V & B bill to be resubmitted.
Costs: $1250.00
Monroe County v. Mario Alfonso CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
This will be a code enforcement foreclosure action that was authorized by the
BOCC on 6/18/03.
Current Status: Negotiating w/ property owner to achieve compliance. Only
then will staff negotiate proposed settlement agreement.
Next Activity: File complaint if no settlement can be reached.
Time: 1.0 hour
Costs: none to date
Monroe County v. Marv Boza, CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
Current Status: Negotiating compliance & settlement issues with owner.
Next Activity: File complaint if settlement not achieved.
Time: 1.0 hour
Costs: none to date
Monroe County v. Donald Brown (Hitch Kina)
Circuit Court (16th) Judge: (none yet) Date Filed:
This will be a code enforcement foreclosure action that was authorized by the
BOCC 6/18/03. $10,100.00.
CA K 03 (TBA)
Current Status: Demand letter went out 7/18/03. Negotiating with owner
through attorney.
Next Activity: BOCC agenda for September.
Time: 3.2 hour
Costs: none to date
Monroe County v. Robert Brown & Marie Drisse, CA K 03-1036
Circuit Court (16th) Judge: Payne Date Filed: 9/3/3
This will be a code enforcement foreclosure action that was authorized by the
BOCC in April of 2003.
Current Status: Complaint filed. Awaiting service.
Next Activity: Serve summons on Defendants.
Time: 5.9 hours
Costs: $192.00
Monroe County v. David Cole
Circuit Court (16th) Judge: (none yet) Date Filed:
This will be a code enforcement foreclosure action that was authorized by the
BOCC 6/18/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/23/03. Title search requested
7/28/03.
Next Activity: File complaint once title search is completed.
Time: .9 hour
Costs: $150.00
Monroe County v. Jerrv Cross CAP 03-445
Circuit Court (16th) Judge: Luis Garcia Date Filed: 8/15/03
This is an action for ejectment that was filed against a person who has built a
portion of his home on County right-of-way.
Current Status: Complaint filed.
Next Activity: Serve summons.
Time: 3.1 hours
Costs: $221.50
Monroe County v. Dirk Damrau
Circuit Court (16th) Judge: (none yet) Date Filed:
This will be a code enforcement foreclosure action that was authorized by the
BOCC 6/18/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/18/03. Negotiating with owner to
achieve compliance before negotiating settlement offer.
Next Activity: File complaint if no settlement reached.
Time: 1.0 hour
Costs: none to date
Monroe County v. Alain Y. Depierrefeu,
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC on 4/18/03.
CA K 03-(TBA)
Current Status: Title search requested 7/7/03.
Next Activity: File complaint.
Time: 1.0 hour
Costs: $150
Monroe County v. Greaa Dillinaham
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/18/03. Owner has offered $2000.00
to settle lien.
Next Activity: Present settlement offer to BOCC at September meeting.
Time: 2.0 hour
Costs: none to date
Monroe County v. Krvsztof & Halina Duszka,
Circuit Court (16th) Judge: (none yet) Date Filed:
This will be a code enforcement foreclosure action that was authorized by the
BOCC in April of 2003.
CA K 03- (TBA)
Current Status:. Owner has rejected proposal to settle for $2000.00. Title
search requested 7/28/03.
Next Activity: BOCC September meeting.
Time: 3.5 hour
Costs: $150.00.
Monroe County v. Daniel & Sylvia Fuller
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
CA P 03 (TBA)
Current Status: Demand letter went out 7/18/03. Owner has offered to make 10
$500.00 payments for total of $5000.00 to satisfy @$69,000 lien. Staff opposes
this offer.
Next Activity: Present offer to BOCC in October.
Time: 2.0 hour
Costs: none to date
Monroe County v. Daniel Ganim
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
CA P 03 (TBA)
Current Status: Demand letter went out 7/18/03. Negotiating with owner to
achieve compliance before negotiating settlement offer.
Next Activity: File complaint if no settlement reached.
Time: .6 hour
Costs: none to date
Monroe County v. Dan Gleason, SC P 03 -165
Count Court (16th) Judge: ptomey Date Filed: 8/5/03
Small claims action for a money judgment to collect $520.00 in unpaid code
enforcement fines and costs authorized by the BOCC in April of 2003.
Current Status: Default Judgment entered on 9/11/03 for $1335.92
Next Activity: Awaiting final judgment from court, file with Dept. of State & begin
enforcement proceedings.
Time: 8.9 hours
Costs: $65.92
Monroe County v. Lawrence Graves,
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC in April of 2003.
CA K (TBA)
Current Status: Title Search requested 7/7/03.
Next Activity: File complaint once title work completed.
Time: 1.0 hour
Costs: $150
Monroe County v. Jack Haaopian,
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by BOCC on 8/20/03.
CA P 03 (TBA)
Current Status: Negotiating with owner.
Next Activity: File action for money damages.
Time: .9
Costs :
none
Monroe County v. Oscar Hernandez CA P 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
Current Status: Tentative agreement to settle for $250.00
Next Activity: BOCC September for approval.
Time: 1.4 hour
Costs: none to date
Monroe County v. Milton Jimenez SC P 03- 146
County Court (Monroe) Judge: ptomey Date Filed: July 17, 2003
Risk management auto negligence case seeking reimbursement for costs of
repairing County vehicle damaged by the Defendant.
Current Status: County voluntarily dismissed case after payment by
Defendant's insurance company..
Next Activity:
None. Closed.
Time: 4.1 hours
Costs: $96.50
Monroe County v. Chris Johnson
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/18/03. Owner has rejected any
settlement. Title search requested 7/28/03.
Next Activity: File complaint once title search completed.
Time: 1.7 hour
Costs: $150.00
Monroe County v. Key Larao Ocean Resorts CooP. Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien.
Current Status: Case has been removed from Court's docket due to
settlement agreement which the BOCC approved on 6/18/03.
Next Activity: Joint status report to Court due 10/1/03. On Planning
Commission agenda for November 17, 2003.
Time: 30.6 hours Costs: $340.00
Monroe County v. Larao Coin Laundrv, Inc. CA P 03(TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
This will be a code enforcement foreclosure action that was authorized by the
BOCC in April of 2003.
Current Status: Owner has offered to settle for $2000.00. CAY has asked for
$5000.00.
Next Activity: Present offer to BOCC at November 2003 meeting.
Time: 2.5 hour
Costs: none to date
Monroe County v. Pedro Liz (Bakerv) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by BOCC on 7/1703.
Current Status: Negotiating with owner.
Next Activity: Title search, then file suit if not successful.
Time: 1.0
Costs :
none
Monroe County v. Marv Ellen Lloyd, CA M (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status: Negotiating with owner to achieve compliance before
negotiating settlement.
Next Activity: File complaint if no settlement reached.
Time: .5 hour
Costs: none to date
Monroe County v. Lily Marks, CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by BOCC on 8/20/03.
Current Status: Demand letter sent.
Next Activity: File action for money damages if not successful.
Time: .6
Costs :
none
Monroe County v. Ana M. Martinez CA K 03 - TBA
Circuit Court (16th or 11th) (no judge assigned yet)
Action to foreclose or seek declaration of rights on lien against Cuban biplane.
Current Status: Reached tentative agreement to jointly auction plane on E-Bay.
Next Activity: File declaratory judgment action to determine validity of the lien if
auction falls through.
Time: 15 hours
Costs: $200.00
Monroe County v. Arthur Mehr
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/18/03. Title search requested on
7/28/03.
Next Activity: File complaint after title search completed.
Time: .8 hour
Costs: $150.00
Monroe County v. James Messera, et al CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status: Title search requested 717/03. Tracking down each of the four
Defendants' addresses
Next Activity: File complaint once title search completed..
Time: 1.7 hour
Costs: $165.00
Monroe County v. Armanda Perez, CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code Enforcement collection action authorized by BOCC on 4/18/03. Property
is homesteaded which limits enforcement options to money judgment for fines
accruing after 10/1/00 and/or petition for writ of execution.
Current Status: Negotiating with property owner to achieve compliance then
discuss settlement agreement.
Next Activity: File suit if no compliance achieved.
Time: 1.5 hour
Costs: none to date
Monroe County v. Joe Posada, III CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status: Title search complete.
Next Activity: File complaint if can located Defendant.
Time: 1.8 hour
Costs: $150.00
Monroe County v. Ernest Richardson
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/23/03. Negotiating with owner to
achieve compliance before negotiating settlement offer.
Next Activity: File complaint if no settlement reached.
Time: 1.3 hour
Costs: none to date
Monroe County v. Safe Harbor Marine Railway Corp.
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03.
CA K 03 (TBA)
Current Status: Demand letter went out 7/18/03. Negotiating with owner to
achieve compliance before negotiating settlement offer.
Next Activity: File complaint if no settlement reached.
Time: 1.3 hour
Costs: none to date
Monroe County v. Virainia Sawyer & Tom Welters CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03..
Current Status: Title search requested 7/28/03.
Next Activity: File complaint once title work completed.
Time: .9 hour
Costs: $150.00.
Monroe County v. Virainia Sawyer
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03..
CA K 03 (TBA)
Current Status: Title search requested 7/28/03.
Next Activity: File complaint once title work completed.
Time: .9 hour
Costs: $150.00.
Monroe County v. Carl Schumaker CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03..
Current Status: Title search requested 7/28/03.
Next Activity: File complaint once title work completed.
Time: .9 hour
Costs: $150.00.
Monroe County v. Lyle Starr SC K 03 (TBA)
County Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by BOCC on 8/20/03.
Current Status: Negotiated tentative settlement with owner.
Next Activity: October BOCC meeting for approval of settlement
Time: 1.8
Costs :
none
Monroe County v. Eduard Stefani, CA K 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status: Property in compliance. Negotiating settlement.
Next Activity: File complaint once title search completed.
Time: 1.4 hour
Costs: $150.00
Monroe County v. Joseph Sutton CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03..
Current Status: Negotiating with owner over compliance before settlement offer.
Next Activity: File complaint if no settlement reached.
Time: 1.2 hour
Costs: none
Monroe County v. Dorothy Tinsley nka Matthies CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 6/18/03..
Current Status: Reached tentative settlement.
Next Activity: BOCC September for approval.
Time: 2.5
Costs: none
Monroe County v. Manuel VazQuez & Pedro Fiallo
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 7/17/03.
CA K 03 (TBA)
Current Status: Settled for $5000.00. Closed.
Next Activity: None.
Time: 2.9 hour
Costs: none
Monroe County v. Louis Welters CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.
Current Status: Due to concerns of BOCC, I'm researching the requirements for
filing a guardianship petition with the Court before proceeding with foreclosure.
Next Activity: File petition.
Time: 1.0 hour
Costs: none
Monroe County v. Garv Yaworski, CA P 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status: Settlement discussions with owner.
Next Activity: Settle or file complaint
Time: 1.0 hour
Costs: none to date
Monroe County v. Leslie Zimmerman/Frank Vistani CA M 03- (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the BOCC 4/18/03.
Current Status: Defect in title claim filed with title company by owner's closing
agent.
Next Activity: File complaint if no settlement.
Time: 2.5 hour
Costs: none to date
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03
Circuit Court (16th) Judge: Date Filed: 8/11/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is
styled State v. James Thomas Hastings, 2003 MM 1845 K.
Current Status: Awaiting Appellant's initial brief.
Next Activity:
File Answer brief 20 days after initial brief is served.
Time: .1 hour
Costs: none to date
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03
Circuit Court (16th) Judge: Date Filed: 7/29/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is
styled State v. David Paul Saunders, 2002 MM 2083 K.
Current Status: Awaiting Appellant's initial brief.
Next Activity:
File Answer brief 20 days after initial brief is served.
Time: .6 hour
Costs: none to date
Moro. Giuseppe v. Monroe County CAM 03-170
Circuit Court (16th) Judge: Jones Date Filed: 6/18/03
This is a defense of an action to quiet title that was brought by a person who
purchased a lot through a tax deed auction. Apparently, the clerk's deed did not
include one of the two tax certificates purchased by the Plaintiff - Moro. Moro's
trying to clear title so he can mortgage the property or sell it. Law clerk Bart
Smith verified with the clerk and tax collector that the taxes are current on the
property therefore the County has no interest in it.
Current Status: Answer Filed July 16, 2003.
Next Activity: File motion to dismiss/summary judgment.
Time: 1.0 hours
Costs: none to date
Osborne, Richard & Conch Contrada, LLC v. Monroe County CAK 01-108
Circuit Court (16th) Judge Payne Date Filed: 1/22/01
This is a taking's case that had previously been settled but was resurrected when
a demand letter for a code enforcement lien was sent to the property owner. The
BOCC approved an Amended Settlement Agreement with Osborne at the April
2003 meeting. The BOCC considered a separate Amended Settlement
Agreement for Conch Contrada at the May 2003 meeting.
Current Status:
CLOSED.
Next Activity:
NONE.
Time: 8 hours
Costs: none known
State Farm a/s/o Manes Pierre v. Monroe County CCP 03-71
County Court (16th) Judge ptomey Date Filed: 6/11/03
Auto negligence case that arose when a county Veteran's Affairs employee
driving a federally owned van rear-ended an insured of State Farm. State Farm
is seeking to recoup the amount it paid to cover the losses of its insured. Federal
Department of Veteran's affairs paid the $5,635.52 claim.
Current Status:
Plaintiff dismissed with prejudice on September 2, 2003.
Next Activity:
Closed.
Time: 2.8
Costs:
none
Stevenson, MK v. Monroe County
Circuit Court 16th Judge Payne
CA K 02-257
Filed: 2/26/02
This is a code enforcement appeal of a finding that the Caribbean Village storage
sign was an off premises sign.
Current Status: All brief have been filed. Oral argument has not been
requested.
Next Activity: Court decision.
Time: 27.6 hours Costs: none
T J Builders vs. Monroe County CA P 00-276
Circuit Court 16th Judge Garcia Date Filed: 5/24/00
This case was a breach of contract action that has been scheduled.
Status:
Settled. Release sent to Mayor Spehar for execution.
Next Activity:
Exchange release with Plaintiff so it can enter dismissal.
Time: @10 hours Costs: none known
This list does not include the routine motions for costs and attorney's fees or bail
bond forfeiture motions that the County has an interest in by virtue of Article V of
the Florida Constitution.
Memo
To: Richard Collins, County Attorney
From: Bob Shillinger, Asst. County Attorney
Date: September 16, 2003
Re: Code enforcement fine/lien status
Attached is a chart detailing the status of the collection activity for code
enforcement fines/liens undertaken by this office.
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