Item V4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
9/17/03
Division:
County Attorney
Bulk Item: Yes ~
No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of code enforcement lien settlement agreement with Oscar and Marta Hernandez.
ITEM BACKGROUND:
On January 24,2002, the Code Enforcement Special Master imposed $200 per day fine on Oscar and Marta
Hernandez for building without a permit. That fine is secured by a lien on their property in Key Largo.
Although an after the fact permit was issued in a timely manner, through miscommunication, no final
inspections were obtained until July of 2003. As a result the fine and costs totaled $110,700.00 when
compliance was achieved.
Mr. & Mrs. Hernandez have offered to settle this lien for $250.00. Because they were diligent in obtaining the
after the fact permits and relied on poor information from a County employee, staff is willing to recommend
approval of this agreement. This figure represents the administrative costs incurred by the County in
prosecuting the code enforcement case and addressing the lien issues.
PREVIOUS RELEVANT BOCC ACTION:
The Board authorized the County Attorney to initiate collection procedings in this case on 6/18/03..
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval..
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes xx No
AMOUNTPERMONTH_ Year
APPROVED, BY:
County Atty _ OMBlPurchasing_
Risk Management_
DIVISION DIRECTOR APPROVAL:
qU ~ oqlo".>/.)
J. R. Collins
DOCUMENTATION: Included
To Follow_
Not Required_
Vy
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: US 01 579
Oscar & Marta Hernandez,
Respondent.
I
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Oscar and Marta
Hernandez, Respondents, hereby agree to settle the code enforcement lien imposed in the
above-referenced case by the Special Master against property owned by the Respondents
for $250.00.
The property in question has a legal description of Lot 21, Block 1 Harris Ocean
Park Estates, Key Largo, Monroe County, Florida (RE: 00447120-000000). The lien was
recorded at Book 1760, Page 1802 of the Office Records of Monroe County.
Upon approval of this agreement by the Board of County Commissioners, the
Respondent shall remit a check in the amount of $250.00 made payable to the Board of
County Commissioners.
Upon receipt of said check, the County shall file a release and satisfaction of said
lien in the Official Records of Monroe County and in the Code Enforcement file.
.. . 4 ,"
By entering into this agreement, any and all claims arising out of the above-
captioned code enforcement case shall be satisfied and concluded.
Each party shall bear its own costs and attorney's fees other than as specified in
this agreement.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Oscar Hernandez, Respondent
By:
(date)
Notary Public
Marta Hernandez, Respondent
By:
(date)
Notary Public