Item R09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: County Attorney
Bulk Item: Yes XX No
Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING:
Approval of Settlement Agreement with] ames P. McMahon in Code Enforcement Case CE070 10081.
ITEM BACKGROUND:
On August 8,2007, the propelty owner was cited for violation of Monroe County Code of Section 19-95
(abandoned vehicle) and Section 9.5-236(a)(5) (accessory use in suburban residential district without a
principal use or stmcture). The Notice of Violation was served via certified mail on the last known
address of the propelty owner (father) but the mail was returned unclaimed and the NOV was served by
posting on the property. On July 27, 2007, the Special Magistrate issued a fmding of violation. The
Special Magistrate set compliance for August 23, 2007, after which a fmes would begin to tun in the
amount of $100.00 per day per count. As of May 1,2008, the fmes amounted to $47,318.50. Mr.
McMahon inherited the propelty :D:om his father and the mobile trailer that was in violation on the propelty
did not even belong to him or his father. He was not aware of the violations until May 2008. Upon
learning of them, he drove down here from Virginia and had the trailer removed the following week.
Under the circumstances, staff recommends settlement for the amount of costs.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
-:~
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes ~ AMOUNT PER MONTH Year
APPROVED BY: County Ally f/ OMBlPurchasing _ Risk Management_
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
THE HONORABLE LARRY SARTIN, PRESIDING
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CE07010081
JAMES MCMAHON and
ROBERT SEARLE,
Respondents.
I
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and James McMahon
Respondent, hereby agree to settle the code enforcement lien imposed in the above-
referenced case by the Special Master against property owned by the Respondent for a
total of $118.50.
The property in question has a legal description of TAVERNIER ACRES PB2-49,
KEY LARGO, PT SWL Y 50 FT LOT 4, MONROE COUNTY, FLORIDA, (re#: 00479970-
000000). The lien was recorded at Book 2336, Page 215 of the Office Records of Monroe
County.
The Respondent shall remit cash, money order or check in the amount of $118.50
made payable to the Board of County Commissioners. The County will hold the check - .~
uncashed until approval of the settlement terms by the Monroe County Board of County
Commissioners, at which point the County will cash the check.
Within 30 days of clearance of the last check, the County shall provide to
Respondent a release and satisfaction of said lien, which the Respondent shall record in
the Official Records of Monroe County.
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
Deputy Clerk
By
Mayor/Chairperson
Dated
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JAMES MCMAHON
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