Item P4
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
March 17, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of code enforcement lien settlement agreement with Darrell Wolfe 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
moderate amount of yard trash and the owner's failure to mow his grass. The Special Master
had imposed a $200.00 per day fine commencing on June 20, 2003. As of March 1, 2004, the
fine had reached $50,900.00. The property is Mr. Wolfe's homestead so it is not eligible for
foreclosure.
The owner has offered $1000.00 to settle this case. That figure more than covers the County's
costs incurred in prosecuting the case and a reasonable fine in light of the violations found.
Staff's recommendation of approval is conditioned upon a successful compliance inspection by
code enforcement scheduled to take place between the agenda deadline and the BOCC
meeting.
PREVIOUS RELEVANT BOCC ACTION
The BOCC authorized the initiation of collection litigation on November 19, 2003.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~~~S {)3/'2-/v{
JOHN R. COLLINS
DOCUMENTATION: Included XXD To Follow 0
AGENDA ITEM # --.P4
Not Required 0
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE03040122
DARRELL WOLFE,
Respondent( s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and
DARRELL WOLFE, 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:
.
1. 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 $50,900.00 for $1000.00.
2. This agreement is conditioned on a successful compliance inspection by
Monroe County Code Enforcement by March 12,2004.
3. The property in question has a legal description of Lot 20, Block 4,
BAHIA MAR ESTATES Subdivision, KEY LARGO, Monroe County,
FL (RE: 00544070-000000).
4. Upon approval of this agreement by the Board of County Commissioners,
the Respondent(s) shall remit ONE PAYMENT in the amount of
$1000.00, made payable to the Board of County Commissioners.
5. Said payment shall be received in the County Attorney's office by the
close of business on March 31, 2004 or this agreement is void ab initio.
6. Once the aforementioned check 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.
7. The County will file a copy of the release and satisfaction in official the
Code Enforcement file.
8. 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.
9. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
10. 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
DARRELL WOLFE, Respondent
By:
(date)
Notary Public
This document was prepared and approved for legal sufficiency by:
~
Robert B. Shillinger, Esq.
Assistant County Attorney
Florida Bar No.: 058262
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470