Item V8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
9/17/03
Division:
County Attorney
Bulk Item: Yes xx No
Department:
County Attorney
AGENDA ITEM WORDING:
Approval of code enforcement lien settlement agreement with Dorothy Matthies.
ITEM BACKGROUND:
The County had a code enforcement lien arising from an abandoned vehicle on Ms. Matthies property that was
dumped by a third party. Code Enforcement obtained legal service on Ms. Matthies through posting of the
property after attempts to reach her by certified mail were unsuccessful. On October 19, 2000, the Special
Master imposed a daily fine of $100.00 per day, which is secured by the lien. Later investigation verified that
Ms. Matthies made good faith efforts to keep the Tax Collector apprised of her current address though through
a lag in transmittal of that information to the Property Appraiser, Code Enforcement was not aware of her
changing addresses.
The property is currently in compliance. At the time of compliance, the fine totaled $102,300.00.
Ms. Matthies has offered $1,000.00 to settle this lien. Because of the issues with service, staff recommends
approval of this offer.
PREVIOUS RELEVANT BOCC ACTION:
The Board authorized the County Attorney to initiate collection procedings in this case in June of2003.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval..
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes xx No
AMOUNTPERMONTB_ Year
APPROVED BY:
County Atty _ OMB/Purchasing_
Risk Management_
DIVISION DIRECTOR APPROVAL:
quJL~
J.R. Collins
DOCUMENTATION: Included
To Follow_ Not Requrred 0
AGENDA ITEM # ~
. . -
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
VS.
CASE NO.: L8 00 403
DOROTHY MATImES
fka Dorothy Tinsley
Respondent(s ).
/
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Dorothy Matthies,
formerly known as Dorothy Tinsley, Respondent(s), hereby agrees to settle the code
enforcement lien imposed in the above-referenced case by the Special Master against property
owned by the Respondent(s) for a total of $1000.00 in five $200.00 payments.
The property in question has a legal description of Lot 11, Block 3, Ramrod Shores
Marina Sec., Ramrod Key, Monroe County, Florida (RE: 00210480-000000). The lien was
recorded at Book 1660, Page 2439 and re-recorded at Book 1661, Page 1825 of the Office
Records of Monroe County.
Upon approval of this agreement by the Board of County Commissioners, the
Respondent shall remit five checks in the amount of $200.00 made payable to the Board of
County Commissioners for the next 5 months. Each payment is due on the first of each month
starting, October 1, 2003. If a payment is more than 20 days past due, this agreement is void
and collection of the full amount of the lien, less any payments made, may proceed.
Upon receipt of $1000.00 and clearance of the last check, the County shall file a
release and satisfaction of said lien in the Official Records of Monroe County and in the Code
Enforcement file.
By entering into this agreement, any and all claims arising out of the above-captioned
code enforcement case shall be satisfied and concluded.
.... .. ...
Each party shall 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
Dated
Dorothy Matthies, Respondent
By:
Notary Public
(date)