Item O6
REVISED 1/14/08
AGENDA BACK-UP
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januarv 16. 2008
Division: County Attornev
Bulk Item: Yes xxx No
Staff Contact Person: Cynthia L. Hall x3470
AGENDA ITEM WORDING: Approve the Settlement Agreement between Monroe County Code
Enforcement and C T Lee Trnst PBO Michael Lee.
ITEM BACKGROUND: A notice of violation was served on Michael Lee on January 1,2007, for the
property located at 8 Cruikshank Island, Summerland Key, alleging violation of Monroe County Code
Sections 6-20(b), permit time limitations and 6-20(d), failure to obtain inspections. A hearing was held
on April 26, 2007, at which time fines were imposed in the amount of $100 per day per count if the
violations were not corrected by May 24, 2007, plus administrative costs of $100. Mr. Lee applied for
and received a permit in December 2006. As of August 30, 2007, the property was still not in
compliance. On that date, the Special Magistrate signed an order authorizing the County to begin
collection actions. A lien was recorded by the County on October 30, 2007. The County Attorney's
office is recommending settlement with the property owner of the outstanding lien ($41,718.50) for the
following reasons: In mitigation, the property owner faced numerous problems in completing the work,
including the fact that his original contractor passed away, the trustee lives in Cincinnati, and significant
other work had to be done on the property. The property came into compliance November 21, 2007.
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 -2L ;V--AMOUNT PER MONTH_Year $1.118.50
APPROVED BY: County Arty -V OMB/Purchasing _ Risk Management_
DOCUMENTATION:
DISPOSITION:
Included ----X-
Not Required_
AGENDA ITEM # 0-6
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
THE HONORABLE LARRY SARTIN, PRESIDING
MONROE COUNTY, FLORIDA
Petitioner,
VS.
CASE NO.: CE05110423
LEE C T TRUST PBO
MICHAEL LEE,
Respondent.
I
SETTLEMENT AGREEMENT
The Board of County Commissioners of Monroe County and Lee C T Trust PBO
Michael Lee 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 $1,118.50.
The property in question has a legal description of SUMMERLAND KEY, PT LOT 1,
CRUIKSHANK ISLAND, (LOT 8), (RE:00114940-000800). The lien was recorded at Book
2328, Page 1988 of the Office Records of Monroe County.
The Respondent shall remit cash, money order or check in the amount of $1,118.50
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
Deputy Clerk
By
Mayor/Chairperson
By
Dated
C T LEE RUST PBO MICHAEL LEE
(date)
JANAE BARNES
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1\""61.";1 r.!l';J,,ge:t'*
YNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
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