Item T06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
11/19/03
Division:
County Attorney
Bulk Item: Yes ~ No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of code enforcement lien settlement agreement with Ernest C. Richardson & Frances Littleton.
ITEM BACKGROUND:
The County had a code enforcement lien arising from 3 violations involving the construction of a fence. Due to
some miscommunication between the code inspector and the tenant living on the property, the property owner
believed that he had done everything necessary to cure the violation. Unfortunately, a final compliance
inspection was never requested until July of 2003, at which time the fine totaled in excess of$I13,OOO.OO.
In order to resolve the cloud on the title, a prospective purchaser of the property has offered to settle the lien for
$500.00. This amount represents the County's staff costs involved in investigating and prosecuting the code
enforcement case and addressing the lien issues. Because of the communication problems and the quick
response of the owners once they became aware of the lien as a result of the County's demand letter, staff
recommends approval of this proposed offer.
PREVIOUS RELEVANT BOCC ACTION:
The Board authorized the County Attorney to initiate collection proceedings in this case in June of2003.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval..
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING:
Yes~ No
AMOUNTPERMONTH_ Year
APPROVED BY:
County Atty _
OMBlPurchasing _ Risk Management_
~~
I.R.~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
To Follow_
Not Required_
DISPOSmON:
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.: U2 02-779
Ernest C. Richardson & Frances Littleton UE
Resoondentls). /
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Ernest C. Richardson & Frances
Littleton VB, Respondent(s), hereby agrees to settle the code enforcement lien imposed in the above-
referenced case by the Special Master against property owned by the Respondent(s) for a total of$500.00.
The property in question has a legal description of Block 12, Lot 18, Largo Gardens, Key Largo,
PB4-38, Monroe County, Florida (RE: 00457830-000000). The lien was recorded at Book 1776, Page 2370
and re-recorded at Book 1811 Page 102, of the Office Records of Monroe County.
Upon approval of this agreement by the Board of County Commissioners, the Respondent(s) shall
remit a check in the amount of $500.00 made payable to the Board of County Commissioners
Once the check for $500.00 has cleared, the County will issue to the Respondent(s) a release and
satisfaction of said lien for filing by the Respondent(s) in the Official Records of Monroe County. The
County will file a copy of the release and satisfaction in official the Code Enforcement file.
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
Dated
Ernest C. Richardson, Respondent
By:
Notary Public
(date)
Frances Littleton (Life Estate), Respondent
By:
Notary Public
(date)