Item O06
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
August 18, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of offer to settle code enforcement lien against Gaston Legorburu.
ITEM BACKGROUND
On April 29, 2004, the Special Master found Mr. Legorburu In violation of the code for renovating a
kitchen without benefit of permit. Mr. Legorburu obtained the after the fact permit by the
compliance date, but was unable to schedule a final inspection until 14 days after the $200 dally tine
began running. Mr. Legorburu has offered to pay the standard $100 administrative costs that are
imposed In every case.
PREVIOUS RELEVANT BOCC AcnON
None.
CONTRACT/AGREEMENTCHANGES
N/A.
STAFF RECOMMENDAnONS
Approval. Because Mr. Legorburu had obtained the permit by the compliance deadline, staff
recommends accepting his offer to pay only the $100 administrative cost.
TOTAL COST
COST TO COUNTY
APPROVED BY:
BUDGETED Yes No
SOURCE OF FUNDS
County Attorney _ OMB/Purchaslng! Risk Management!
-1L{~ ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTAnON:
Included !
To Follow !
Not Required !
AGENDA ITEM # ...fJ.k
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE03ll0077
GASTON E. LEGORBURU, JR.
Respondent(s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and GASTON
E. LEGOBURU, JR., 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. The parties agree to settle the code enforcement lien for $100.00.
2. The property in question has a legal description of BUTTONWOOD BAY
CONDO #B-3, KEY LARGO, MONROE COUNTY, FLORIDA (RE:
00088253-000300).
3. Upon approval of this agreement by the Board of County Commissioners,
the Respondent(s) shall remit a check in the amount of $ 100.00 made
payable to the Board of County Commissioners.
4. 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.
5. The County will file a copy of the release and satisfaction in the official
Code Enforcement file.
6. 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.
7. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
8. Each party agrees to bear its own costs and attorney's fees other than as
specified in this agreement.
ATTEST:
DANNY L. KOLHAGE
CLERK:
By:
Deputy Clerk
Dated
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Murray Nelson, Mayor
Notary Public
GASTON E. LEGORBURU, JR.
Respondent
By:
(date)
This document was prepared and approved for legal sufficiency by: