Item O5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16,2005
Bulk Item: Yes I No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval of settlement agreement in code enforcement lien in Monroe
County V. Emanuel Micelli and Robert J. Petri
ITEM BACKGROUND: This is a code enforcement lien that dates back to 1995. The original citation
was for a violation of the sign ordinance. Records indicate that the violation was brought into
compliance in a timely manner however fines had already been imposed and on the date of compliance
had accrued to $3,220. The property owner contacted us after attempting to sell the property and
learning, at that time, that there was a lien on the property. According to the property owner, back in
1995 she was told by the code enforcement board that no fines had been levied. Property owner had no
documentation nor was there any documentation in the file other than the order imposing the lien. The
file did contain a history of the violation including the compliance date. Based on the violators timely
compliance and lack of subsequent history it seems appropriate to give the violator the benefit of the
doubt and settle the case as we would for any violator that timely comes into compliance. The
recommendation is to settle for ten percent of the lien amount or in this case $322.00.
PREVIOUS RELEVANT BOCC ACfION:
None
CONTRACt/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDA nONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONm_ Year
APPROVED BY: County Attill!::- OMBlPurchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL: /"?"JL ~ rJ ,I "?ll"
I (TYPE NAME HERE)
DOCUMENTATION:
Included
Not Required_
DISPOsmON:
AGENDA ITEM #
Revised 2/05
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jeft'enon Overby, Presiding
MONROE COUNTY, FWRIDA
Petitioner,
vs.
CASE NO.: CEB U2-94-1168
EMANUEL MICELLI AND ROBERT J. PETRI.
Respondeot(s)
I
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County and Emanuel Micelli
and Robert 1. Petri, 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 $322.00.
2. The property in question has a legal description of Lot 3, Baywood Subdivision,
Key Largo, as recorded in Plat Book 1. page 102 of the public records of Monroe
County, Florida (RE: #00439600.000100) OR: 1031, page 2016.
3. Upon approval of this agreement by the Board of County Commissioners, the
Respondent(s) shall remit a check in the amount of $322.00 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 andlor 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.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Notary Public
Notary Public
This document was prepared and approved for legal sufficiency by:
Pedro 1. Mercado, Esq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-5046
MONROE COUNTY ATTORNEY
4CJ1~:U;FORM
JOHN R. COLLINS
10U~TY ATTORNEY
Date tJ/. ~ 'J.X:----~"'---~~