Item R06
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 agreement in Code Enforcement lien in
Monroe County V. Richard P. and Marie B. Geranian.
ITEM BACKGROUND: Homeowner rented home to third party. Third party then enclosed
porch without homeowner's permission. Homeowner became aware of the enclosure when the
property was cited by Code Enforcement. Homeowner was cooperative and diligent in correcting
the violation which totaled $1,500 at the time tbe violation was brought into compliance. After
consultation with the Code Enforcement Director, based on the homeowner's etTorts and lack of
prior violations, it was determined that it would be appropriate to settle this case for $150 (ten
percent of the fine total).
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: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes XX No_
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty :xx
OMB/Purchasing _ Risk Management _
~~ lJ310~ 1.(
JOHN R. COLLINS, COUNTY ATTORNEY
DMSION DIRECTOR APPROVAL:
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.: CE03110054
MARIE H. GERANIAN,
Respondent(s)
I
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and
Marie H. Geranian, 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 $150.00.
2. The property in question has a legal description of 51 BOUNDARY
LANE, LT 10, BK 6 GEIGER KEY, MONROE COUNTY
FLORIDA (RE#:00146120-000000).
3. Upon approval of this agreement by the Board of County
Commissioners, the Respondent( s) shall remit a check in the amount
of$150.00 made payable to the Board of County Commissioners.
4. Once the aforementioned check has clearecL 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:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
By:
Deputy Clerk
Dixie Spehar, Mayor
Dated
MARIE H. GERANIAN, Respondent
By:
Notary Public
(date)
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