Item V7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/17/03
Division:
County Attorney
Bulk Item: Y es ~ No
Department:
County Attorney
AGENDA ITEM WORDING:
Presentation of code enforcement lien settlement offer from Krystof & Halina Duszka.
ITEM BACKGROUND:
On January 24, 2001, the Code Enforcement Special Master imposed $250 per day fine on Krystof and Halina Duszka for
land clearing without a permit. That fine is secured by a lien on their property on Big Pine Key.
The Duszkas have resisted compliance from day one. At the time the fine was imposed, the Duszkas were informed by the
Special Master that any trees replanted as mitigation would have to survive at least one year in order to stop the fine from
running. The Duszkas failed to comply with this directive and had to replant after the frrst year. The Duszkas appealed the
Special Master's order. That appeal was successfully defended by the County Attorney's office. When compliance was
ultimately achieved in July of2003, the fine totaled $224,850.00. On August 22,2003, the Duszkas applied for a building
permit to a home on this property. The Planning Commission approved this permit under ROGO. In light of this, the lot
has a value far in excess of the $9,900.00 value assessed by the Property Appraiser.
In responding to the Board's concerns about the equities involved with liens such as this one that were imposed but not
collected, the County Attorney's office has used the 90-day figure (the date when collection efforts can first begin) as a
starting point in negotiations in cases where compliance has been achieved. That figure is $22,485.00. In light of the staff
time involved in investigating the code enforcement case, prosecuting it before the Special Master, attorney time spent
defending the appeal, the biologist's time in performing repeated inspections, and attorney time spent addressing the lien,
County has incurred approximately $2,000.00 in costs. That figure is slightly less than 10 percent of the 90-day figure for
the fine.
The Duszkas have asked the County to dismiss the lien, which in essence, is an offer to settle for zero consideration.
PREVIOUS RELEVANT BOCC ACI10N:
The Board authorized the County Attorney to initiate collection litigation on this case on 6/18/03.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Although the County Attorney is ethically obligated to convey all settlement
offers to the Board, legal staff strongly recommends that the Board reject this offer.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes xx No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty _ OMBlPurchasing _ Risk Management _
DISPOSITION:
q00-~ O<t\oS-)O~
\ l.R. Collins
To Follow_ Not Required_
AGENDA ITEM.--0 -
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
Revised 1/03