Item T3
Board of County Commissioners
Agenda Item Summary
Meeting Date February 18, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of code enforcement lien settlement agreement with Eduard Stefani and authorization
for staff to execute release of lien once terms of settlement agreement have been met.
ITEM BACKGROUND
This is a settlement of a code enforcement lien which was imposed due to the
presence of a dead tree and associated debris on a lot on Big Pine Key. The Special
Master had imposed a $25.00 per day fine commencing on February 21, 2001. The
owner was under the mistaken impression that the violation involved his property on
Stock Island, which he had quickly cured. Consequently, he took no action on the Big
Pine property until receiving a demand letter on this lien. Once apprised of the
situation, the owner cleared the tree and debris within a week. At that point, the lien
totaled $23,450.00. The recommended settlement figure represents the $100.00
administrative costs imposed by the Special Master in every case and the costs
incurred by the County Attorney's office in bringing this matter to a conclusion
including title search and attorney time.
Under the terms of the agreement, Mr. Stefani will make two payments of $250.00 on
February 6, 2004 and on March 5, 2004.
PREVIOUS RELEVANT BOCC ACTION
The BOCC authorized the initiation of collection litigation on April 16, 2003.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: C] aU ~
~ JOHN R. COLLINS
DOCUMENTATION: Included xxo
To Follow 0
Not Required 0
AGENDA ITEM #
~ ) 3
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: MI-Ol-475
EDUARD STEFANI,
Respondent(s)
/
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and Eduard
Stefani, Respondent(s), hereby agree to settle the code enforcement lien imposed in the
above-referenced case by the Special Master against property owned by the
Respondent(s) as follows:
I. In order to resolve their differences amicably, avoid the expense of
litigation, and buy peace in this matter, the parties agree to settle the code
enforcement lien of $23,450.00 for $500.00.
,.
2. The property in question has a legal description of Lot 4, Block 34, Sands
Subdivision, Big Pine Key, Monroe County, FL (RE: 00304660-000000).
3. Upon approval of this agreement by the Board of County Commissioners,
the Respondent(s) shall remit two payments in the amount of $250.00. If
either payment is made by check or money order, it shall be made payable
to the Board of County Commissioners.
4. The first payment shall be received in the County Attorney's office by the
close of business on February 6, 2004. The second payment shall be
received in the County Attorney's office by the close of business on
March 7, 2004. If either payment is not received by the above-stated
deadlines, this agreement is void ab initio, however, any payments made
by the Respondent shall be credited towards the total fine of $23,450.00.
5. Once the aforementioned checks have 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.
6. The County will file a copy of the release and satisfaction in official the
Code Enforcement file.
7. By entering into this agreement, the each party agrees to waive any and all
claims that it could have raised and/or potential claims that it might have
been able to raise as a result of the above-captioned code enforcement
case.
8. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
9. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Deputy Clerk
By:
Murray Nelson, Mayor
Dated
,.
Eduard Stefani, Respondent
By:
Notary Public
(date)
This document was prepared and approved for legal sufficiency by:
J
:;) d LJ
obert B. Shillin er, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470