Item R3
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
January 19, 2005
Division
County Attorney
AGENDA ITEM WORDING
Authorization for County Attorney's office to spend up to $5,000.00 to negotiate assignment of all
claims of Joel and Marie Rogers against Patricia M. Cambo for her actions that led to the County's
code enforcement lien that is the subject of Monroe County v. Joel & Marie Rogers and Patricia
Cambo, CA K 04-578.
ITEM BACKGROUND
The County has sued Mr. and Mrs. Rogers and Ms. Cambo to collect an unpaid code enforcement lien
of $62,800.00. The violation arose when Ms. Cambo erected a fence without benefit of a permit.
She later sold the property to the Rogers after the lien had been recorded without disclosing the
existence of the lien. Ms. Cambo's mother was reportedly the title examiner on the sale.
The Rogers, who have expended approXimately $4,000.00 to bring the property into compliance,
moved Quickly to cure the violation upon leaming of it. Under chapter 162, Cambo's failure to notify
the Rogers of the existence of the violation and liens is prima fade evidence of fraud. The Rogers
may have other causes of action against Cambo.
To date, efforts to negotiate a global settlement with Cambo have not been successful. Taking an
assignment of the Rogers' claims against Cambo would improve the County's position in the
litigation against Cambo and relieve the Rogers from further involvement in the litigation.
The County would likely recover any sums spent to secure the assignment from Cambo, either
through settlement or judgment.
PREVIOUS RELEVANT BOCC ACTION
The BOCC approved the initiation of the litigation on December 17,2003.
CONTRACT/AGREEMENT CHANGES n/a
STAFF RECOMMENDATIONS Approval
Up to $5,000.00
BUDGETED Yes No
TOTAL COST
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVALQot.JL ~ 01 ~I D \
JOHN R. COlUNS
DOCUMENTATION:
Included !
To Follow !
Not Required xxx
AGENDA ITEM #
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