Item P11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2008
Bulls Item: Yes XX No
Division: County Attorney
Staff Contact Person: Cynthia L. Hall x3174
AGENDA ITEM WORDING: Approval of the Settlement Agreement with Orlando Ramos, Sr., Code
Enforcement Case CE06100027 in the amount of $275.00.
ITEM BACKGROUND:
Mr. Ramos was cited in October 2006 for removing a cistern on a property owned by him and located at
849 Hawksbill Lane, Sugarloaf Key, FL. The cistern had been used by Mr. Ramos as the basis for
ROGO allocation and thus was improperly removed. Moreover, it was removed without a demolition
permit. Mr. Ramos was found liable in March 2007 and fined in the amount of $150 per day until the
violation was corrected. Mr. Ramos finally obtained a demolition permit and a building pen -nit to install
a new cistern in March 2008. The total Imes accumulated in this case are $57,600 + $100 costs.
Although Mr. Ramos took approximately a year to obtain the permit, the time period was attributable to
(a) slow or no progress by his plumbing contractor and/or engineer, and (b) severe language barriers.
Once Mr. Ramos understood the situation (in March 2008), he was extremely cooperative and moved
quickly — he got plans, got the demolition and building permits and passed final inspections within
approximately two months. He expended nearly $12,000 to replace the cistern (including the cost of the
cistern, plans, and plumbing.) He has no prior related Code Enforcement cases. The fines are sufficient
to cover actual County time in the case. In light of these facts, Staff is recommending settlement for the
dollar figure suggested.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: BUDGETED: Yes _ No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
APPROVED BY: County Atty VOMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
Han. Larry J. Sartin
MONROE COUNTY, FLORIDA
Petitioner,
Vs.
Orlando Ramos, Sr.
CASE NO.: CE06100027
Respondent(s).
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Orlando Ramos, Sr.,
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 Respondcnt(s) for
$275.00 ($175.00 in fines and $100.00 in costs).
The property in question has a legal description of LT 5 VACATION HARBOUR
SUGARLOAF KEY PB647 OR1 127-1508 OR1235-738 OR1357-2338/39C OR1357-2340/41 OR2350-1198/1200TR
Monroe County, Florida (RE: 00172061-000500) and a street address of 849 Hawksbill Lane,
Sugarloaf Ivey FL. The lien was recorded at Book 2292, Page 1833 of the Office
Records of Monroe County.
Respondent shall submit a check in the amount of $275.00 made payable to the
Board of County Commissioners, which shall be held uncashed until approval by the
Board of County Commissioners. Upon approval of this agreement by the Board of
County Commissioners, and upon 30 days thereafter to allow for clearance of the check,
the County shall give Respondent a release and satisfaction of said lien in the Official
Records of Monroe County and in the Code Enforcement file. This settlement agreement
must be approved by the Board of County Commissioners to be effective.
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. ,
ATTEST:
DANNY L. KOLHAGE
CLERK:
By:
Deputy Cleric
Dated
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
Mayor
Orlando Ramos, Sr.
Respondent
E + By: -�_ O 0
Notary Public (date)
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MONROE COUNTY ATTORNEY
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CYNTHIA . HALL
ASSISTANT COUNTY ATTORNEY
Date
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