05/18/2022 Settlement AgreementClerk of the Circuit Court & Comptroller — Monr0e County, Florida
DATE: June 6, 2022
TO: Derek Howard,
Assistant County Attorney
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 18th BOCC Meeting
Attached is an electronic copy of the following, which has been added to the record.
U1 Stipulated Settlement Agreement in RickyHill and jayne Hill v. Mozu oc County
(C cuit Coul-t Case No. 20 AP-00,1-P; CE171100JJ) requiring (a) restoration of land clearing
violations, (b) payment of reduced fines, and (c) dismissal of appeal by the Hills.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST
500 Whitehead Strut
Key Vest, Florida 33040
305-204-4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305-2801-0027
PLANTATION) KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305-852-7145
PK/MTH BUILDING
50 Higih (Point Road
Plantation Key, Florida 33070
305-852-7145
IN THE CIRCUIT COURT OF THE 16td JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY
Appellate Division
RICKY Hill and JAYNE HILL,
Appellants,
V.
MONROE COUNTY, FLORIDA,
Appellee.
Hon. Timothy J. Koenig
Case No.: 20-AP-004-P
L.T. CASE NO.: CE17110054
STIPULATED SETTLEMENT AGREEMENT
Appellants RICKY HILL and JAYNE HILL, and Appellee MONROE COUNTY, hereby
agree as follows:
1. On September 22, 2020, Appellants filed their appeal of the Final Order that was
entered by the Code Compliance Special Magistrate on August 27, 2020, in Case No.
CE17110054. The Final Order found Appellants in violation of Land Development Code (LDC)
Section 118-11(a)(b) and Monroe County Code (MCC) 6-100 for unpermined land clearing. The
Final Order required Appellants to apply for and receive a restoration permit on or before
November 25, 2020, or daily fines in the amount of $50.00 per count ($100 total) will begin to
accrue. The Final Order also required Appellants to comply with the restoration permit
conditions on or before February 23, 2021, or daily fines in the amount of $50.00 per count
($100 total) will begin to accrue.
2. Appellants obtained a restoration permit on November 4, 2021. Appellants assert
that the delay in obtaining a restoration permit was the result of good faith negotiations and
professional differences between the County's biologist and the Hill's biologist as to the nature
of the habitat, soil conditions, type of trees, and so forth. In any event, the daily fines in the total
amount of $100.00 therefore accrued from November 25, 2020, to November 4, 2021. Monroe
County agrees to discharge the total amount of these fines.
3. On February 23, 2021—the "second compliance deadline" —daily fines in the
total amount of $100 also started to accrue and continue to accrue. Monroe County also agrees
to (a) extend the second compliance deadline to February 4, 2022; (b) reduce the total daily fine
total (for both charges) to $50; and (c) discharge only the total amount of fines that accrued
between February 23, 2021, and February 4, 2022.
4. Based on the fine reduction that the County is agreeing to, as of April 29, 2022,
approximately $4,150 in fines (at $50 per day) have accrued since February 4, 2022, and those
fines continue to accrue. .
5. As of May 2, 2022, Appellants represent that they have removed the exotics and
expect to plant the required number of trees sometime in May 2022.
6. The parties acknowledge that land clearing cases are deemed compliant after
the initial inspection of planting. Assuming the initial inspection of planting is favorable, the
code case would close and there would not be any further fines but the permit stays open for the
three year inspection for 80% survival rate.
7. In addition to the fines set forth herein, Appellants agree to pay lower proceeding
costs in the amount of $557.20.
8. The fine reduction that the County is arrecing to in this Settlement Agreement is
substantial, and there shall be no further line reductions:
9. The oblivations and benefits of this Settlement Agreement are transferable by the
Appellants to any new owner of the subject property.
10. The Parties understand that the Settlement Agreement is subject to the approval
of the Monroe County Board of Commissioners, which will be soirthC The Parties further agree
that they will seek a stay of the above -referenced appeal while such approval is sought. In the
event that this Settlement Agreement is approved by the Monroe County Board of
Commissioners, Appellants will dismiss the above -referenced appeal with prejudice, with each
party bearing their own fees and costs.
I L This Settlement Agreement may be executed in any number or counterparts, all
together will constitute the fully executed Settlement Agreement. Signatures to this Settlement
Agreement may be exchanged by mail, facsimile or electronically (i.ci via DocuSign or scanned
PDP t fitted by Mail);
B�- y ` D�-�� uate: J 2 2
Ricky Hill
,By: x ' Date: o�+�
Ja • Hi 1
Andrew: Tobin, Esq.
Attorney for Appellants
By:
Derck Howard, Esq.
Attorney for"Monrof
David Rice
Mayor, Monroe County, FL
ATTEST: Kevin Madok, Clerk
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