Item R05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20. 2005
Division: County Attorney
Bulk Item: Yes XX
No
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Approval of Settlement Agreements in Code Enforcement lien in
Monroe County V. Duminada Galvan.
ITEM BACKGROUND: Homeowner constructed a roof-over on their trailer home without
benefit of a permit under the mistaken belief that one would not be required. Notice of violation
was issued. Homeowner then hired an architect, E. Griffin Moore, to produce drawings and
assist tbe homeowner with coming into compliance. Mr. Moore absconded with the homeowner's
money without having done any of the work needed to bring the property into compliance. After
numerous attempts to locate Mr. Moore and recover their money, the homeowner decided to cut
their losses and remove the un-permitted roof-over. At the time the property was brought into
compliance, the fines totaled $18,800. It was later learned that other homeowners were victimized
by Mr. Moore as weD. After consultation with Code Enforcement Director Ronda Norman it was
determined that given the facts of this case it would be appropriate to settle this case for $900.00.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Accept the settlement otTer.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: MLA
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes XX No _
AMOUNT PER MONTH
Year
APPROVED BY: County Atty XX OMBlPurchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL: ( Jol1-~- 03\0'\ \~(
JOHN R. COLLINS, COUNTY ATTORNEY
DOCUMENTA nON:
Included
Not Required XX
DISPOsmON:
AGENDA ITEM #
Revised 2/05
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE03050209
ILUMINADA GALVAN,
Respondent
I
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and
Iluminada Galvan, Respondent, hereby agree to settle the code enforcement lien
imposed in the above-referenced case by the Special Master against property
owned by the Respondent as follows:
1. The parties agree to settle the code enforcement lien for $900.00.
2. The property in question has a legal description of 640 SUNSHINE
STREET, STOCK ISLAND, KEY WEST, MONROE COUNTY,
FLORIDA (RE#:00126490wOOOOOO).
3. Upon approval of this agreement by the Board of County
Commissioners, the Respondent shall remit a check in the amount of
$900.00 made payable to the Board of County Commissioners.
4. Once the aforementioned check has cleared, the County will issue to
the Respondent a release and satisfaction of said lien for filing by the
Respondent 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:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
By:
Deputy Clerk
Dixie Spehar, Mayor
Dated
Iluminada Galvan, Respondent
By:
(date)
Notary Public
This document was approved as to form by:
Pedro J. Mercado, Esq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-5046