Item T06
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date 6/16/04
Division County Attorney
AGENDA ITEM WORDING
Presentation of settlement offer from Brett Unke to resolve his code enforcement
lien.
ITEM BACKGROUND
In December 2003, the Code Enforcement Special Master imposed a $500.00 per
day fine against Mr. Unke's property for building a dock without a permit. Mr. Unke
was in the process of obtaining a permit from the Army Corps at the time when the
Special Master imposed the fine. Mr. Unke had worked closely with the Code
Enforcement Department to keep them informed of his progress with the Army
Corps. The Special Master overruled the Code Enforcement Director's request for
an extension of the compliance date, which was requested because of Mr. Unke's
cooperation.
Mr. Unke has offered to settle the lien for $100.00, the amount of the
administrative costs that are imposed in each case that goes to a hearing.
PREVIOUS RELEVANT BOCC ACTION
None.
CONTRACT/AGREEMENTCHANGES
STAFF RECOMMENDATIONS
Reject. The County Attorney recommends that Unke pay at least a 1 day fine plus
the $100.00 in costs for a total of $600.00.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney - OMB/Purchasing! Risk Management!
DIVISION DIRECTORAPPROVAL:(]oU~ oc-lotlol{
JOHN R. COLLINS
DOCUMENTATION:
Included !
AGENDA ITEM #
To Follow .: .:<:
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Not Required
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To: Bob Shillinger
Assistant County Attorney
Key West, FL 33040
305-292-3470
From: Brett Unke
17172 Seagrape Lane
SugarIoafKey, FL 33042
305-745-9115
305-797-1478
Dear Sir,
For nearly four years I have been attempting to obtain an after the fact permit for my
dock. The first step in this process was to apply with the Anny Cozp of Engineers. After
waiting 3 years for the Army Cotp of Engineers to process my dock application I
received the pennit in August of2003.
As part oftheir stipulations I was required to file a deed restriction with the county. The
deed restriction applied to a strip of my property adjacent to the shoreline approximately
30 feet long by 4 feet wide. In this area of my property I would be restricted from any
future development and required to plant buttonwood trees at an interval of no less tlian
one plant every 3 feel As part of the Anny Cotp process I was able to appeal the permit
and the conditions within it. I did this in an effort to change the conditions of the deed
restriction.
Over the course of nearly three years at each of the Special Master hearings I was granted
an extension. This made perfect sense as the Army Corps moves at a pace beyond my
control. In December of2003 the Special Master veered from his previous extension
nilings and fined me $500 a day until the project was brought into compliance. At that
point in time T was still waiting for the Anny COil' of Engineers to process my appeal.
In January I was able to get the Army Corp to refine the conditions of the deed restriction
and feeling the pressure of a $500 a day fine, I withdrew my appeal. My permit was
reissued by the Anny Corp and 1 immediately filed my application with the county,
received my building permit and passed my inspection.
During the period oCtimo that the Army Corp was processing my application, I stayed in
close contact with Rhonda Norman at Monroe County Code Enforcement. I copied her on
all my correspondences with the Army Corps and kept her apprised of any changes or
pTogress. 1 feel that I did everything within my power to expedite the permitting process
and represented myselfin an honest and responsible manner. Therefore. I believe that the
$500 a day fine is exorbitant and unreasonable.
IlfJUUIIUUJ.