Item Q3
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date September 15, 2004 Division County Attorney
AGENDA ITEM WORDING
Presentation of settlement offer from Scott & Victoria Curry to settle code enforcement lien imposed
against property.
ITEM BACKGROUND
The Curry's had a swimming pool built on their property without benefit of a permit in the spring of
2002. When they failed to appear at their October 31, 2002 hearing, the Special Master found them
In violation for building without a permit. The Special Master imposed a $200 per day fine for each
day after January 23, 2003 in which the permit was not obtained. After some delay, a portion of
which was attributable to staff, the permit was issued. As of April 8, 2004, the date of compliance,
the lien totaled $87,600.00. Staff has offered to recommend to the Board that It settle the lien for
$6,650, a figure which Is less than 10% of the fine but which gives the Curry's credit for the fees
already paid by them (@$2100). Mr. & Mrs. Curry have rejected that amount and wish to have the
fine eliminated altogether.
PREVIOUS RELEVANT BOCC ACTION
The Board tabled this item at the June meeting and it was pulled at the July meeting in order to give
the Curry's an opportunity to appear personally. Also tabled at the August meeting and rescheduled
for the September meeting.
CONTRACT I AGREEMENT CHANGES n/a
STAFF RECOMMENDAnONS
Reject the Curry's counter offer of $0.
TOTAL COST BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVALqoU-~ ot/zt,}b1
JOHN R. COLUNS
DOCUMENTAnON: Not Required xx
AGENDA ITEM # (yJ
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary -- AMENDED
',-
Meeting Date 9/21/04 Division County Attorney
AGENDA ITEM WORDING
Approval of settlement of code enforcement lien against Scott & Victoria Curry.
ITEM BACKGROUND
The Curry's have offered to settle their code enforcement lien for $2,400.00. They had
applied for a permit but their contractor began building their swimming pool prior to
obtaining the permit. After some delay, a portion of which was attributable to staff, the
perm it was issued. After extensive negotiations, it was agreed to recommend that the
Board settle the lien for $2,400.00.
PREVIOUS RELEVANT BOCC ACTION
The Board tabled this Item at the June, July, and August 2004 meetings.
CONTRACT f AGREEMENT CHANGES nfa
STAFF RECOMMENDAnONS -- Approval.
TOTAL COST BUDGETED Yes No
COST TO COUNTY SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL:
JOHN R. COWNS
DOCUMENTATION: Included xxx
AGENDA ITEM # 03
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. JefJerson Overby, Presiding
MONROE COUNTY, FLORIDA,
Petitioner,
vs. CASE NO.: L902-365
SCOTT A. & VICTORIA D. CURRY,
Respondent(s)
I
SE'ITLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and SCOTI
A. & VICTORY D. CURRY, 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 $2,400.00.
2. The property in question has a legal description of Lot 12, Block 6,
Porpoise Point Sect. 4, MONROE COUNTY, FLORIDA (RE: 00155650-
000000).
3. Upon approval of this agreement by the Board of County Commissioners,
the Respondent{s) shall remit a check in the amount of$2,400.00 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 ofMomoe 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 BOARD OF COUNTY COMISSIONERS
CLERK: OF MONROE COUNTY
By: By:
Deputy Clerk Murray Nelson, Mayor
Dated
SCOTI' A. CURRY
Respondent
By:
Notary Public (date)
VICTORIA D. CURRY
Respondent
By:
Notary Public (date)
pared and approved for legal sumcieney by: