Item O09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2007
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro J. Mercado
AGENDA ITEM WORDING:
Approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida
v. Roy's Trailer Park, Case No. CE05020310.
ITEM BACKGROUND:
Roy's Trailer Park was cited for a violation of Section 15.5-21 of the County Code for failing to
connect to the central sewerage system. The case was initially brought before the Special Magistrate on
September 29, 2005 at which time a violation was found. The compliance date was continued several
times until June 20, 2006. Beginning on June 20, 2006 the Special Magistrate imposed fines in the
amount of $100 per day. On July 27, 2006 the Special Magistrate granted a stay of the fines effective
until September 28, 2006. Thereafter, the fines were re -imposed. During this period of time the owners
of Roy's Trailer Park were engaged in prolonged discussions with the County regarding financing of
the sewer connection through the County's sewer assessment role. In addition, during this period of
time, testing on the sewer infrastructure within Roy's Trailer Park revealed water intrusion into the
system. As a result, the owners of Roy's Trailer Park were required to locate and repair the source of
the intrusion and then test their lines to ensure that the infrastructure bad been made sound. Once all of
this was completed, Roy's was able to complete their tie-in to the central sewerage system and
decommission it's package plant. Throughout the code enforcement case the representatives of Roy's
Trailer Park kept in constant contact with the Code Enforcement inspector, as well as the County
Attorneys Office, and kept the County apprised of the status of their efforts. At the time the property
was brought into compliance, the fines totaled $32,300.00. Based on the above, staff recommends
settling the matter for ten percent of the fine total plus the $100.00 administrative cost of prosecution
and the $18.50 recording fees which would result in a settlement amount of $3,348.50.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
OF MONROE COUNTY, FLORIDA
The Honorable Larry J. Sartin, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
VS. CASE NO.: CE050203I0
ROY' S TRAILER PARK, INC.
Respondent(s)
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County,
and Roy's Trailer Park, Inc., Respondent, hereby agree to settle the code
enforcement lien imposed in the above -referenced case by the Special
Magistrate against property owned by the Respondent(s) as follows:
The parties agree to settle the code enforcement lien for
$3,348.50.
The property in question has a legal description of STOCK
ISLAND, MALONEY SUB PB1-55, LOTS 4 THRU 11 &
LOT 40 THRU 47 SQ. 46, MONROE COUNTY, FLORIDA
(RE#00126090-000000)
Upon approval of this agreement by the Board of County
Commissioners, the Respondent(s) shall remit a check in the
amount of $3,348.50 made payable to the Board of County
Commissioners.
4. Once the aforementioned check has cleared, 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, 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 BOARD OF COUNTY COMISSIONERS
CLERK: OF MONROE COUNTY
By:
By:
Deputy Clerk Mario DiGennaro, Mayor
Dated
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This docu ent was pr ared and ap as to form by:
Pedro Esq.
Assis ant C ty Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470