Item R16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
\-leeting Date: April 20, 2005 - K W
Division: County Attorney
Bu]k Item Yes XX
No
Staff Contact Person: Pedro Mercado
AGENDA TT}:M WORDING: Consideration of Settlement Offer by B]air and Althea Mooney.
ITEM BACKGROUND: On 9/6/03, the Code Enforcement Special Master imposed a daily fine of
5500,00 against the Blair and Althea I\.fooney property on Summerland Key for engaging in commercial
expansion by adding outside seating, decking, fencing, awning, screening and electrical without planning
department approval. The property was brought into compliance on June 23, 2004 On 8/25/04 the
Special Master authorized the initiation of collection proceedings of the fine and costs which total
$146, ]0000. Attorney Theodore Herzog, who has been retained by the Mooney's, is seeking a
settlement of the fine in an amount less than what has been proposed by the County. The County has
offered to settle the outstanding lien for $14,610, (ten percent of the original fine) The County has not
agreed to a lesser amount due to the length of time it has taken to bring the property into compliance
and the nature and circumstances of the underlying violation.
PREVIOliS RELEVANT ROCC ACTION:
The BOCC authorized collection at the November BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
:'\/A
STAFF REeD]\-, ME'- DATIO N S:
Reject the settlement offer
TOTAL COST: N/ A
BUDGETED: Yes
No
COST TO COllNTY: N/A
SOllRCE OF FUNDS: N/A
REVENUE PRODlJCING: Yes XX No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty XX OrviB/Purchasing _ Risk Management__
~
DIVISION DIR.ECTOR APPROVAL: q'~'2 rf.lG- __Q.~j I.o? J\)~.
JOHN R COLLINS, COU!\TY ATTORNEY
DOCUMENTATION:
Included
Not Required XX
DISPOSITION:
AGEN DA ITEM #
Reyiscd 2i05