Item Q02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16. 2007 - KL
Bulk Item: Yes XX No
Division: County Attorney
StatfContact Person: Pedro J. Mercado
AGENDA ITEM WORDING:
Approval of proposed settlement agreement in the Code Enforcement case of Monroe County, Florida
v. Gerold Krause, Case No. CE04090031.
ITEM BACKGROUND:
On September 7,2004 the Code Enforcement Department received a complaint that Mr. Krause's dock
had broken apart and was hitting a neighbor's dock. Code Enforcement went out and confirmed that the
dock had broken apart and was an unsafe structure. At the time, the initial violation was discovered,
Gerold Krause was out of the country and eventually, in order to comply with statutory notice
requirements, the Code Enforcement Inspector posted a notice on the property. Before that violation
was moved forward to a hearing, Mr. Krause had the old damaged dock demolished and built an
entirely new dock with davits. The previous notice of violation for the unsafe dock was amended and
Mr. Krause was then cited for building a dock without a permit. Mr. Krause's property was again
posted and the case was heard before the Special Magistrate on December 1, 2005. The Special
magistrate found a violation of County Code 9.5-111 for building the dock without benefit of permit.
Compliance was set for January 19, 2006 after which a fine would run in the amount of $300.00 per
day. The property was finally brought into compliance on March 22, 2007, at which time the fine had
accrued in the amount of $125,700. During most, if not the entire period of time this case was active,
Gerold Krause was, according to his family members, in Costa Rica. His absence played the primary
role in the delay in bringing the property into compliance. In fact, Rudy Krause, a family member of
Gerold Krause, is the person responsible for bringing the property into compliance. Gerold Krause has
had intermittent contact with the Code Enforcement Department and has stated that he has had some
medical issues. It was not until Rudy Krause became actively involved in this matter that the violation
was brought into compliance. This violation has taken an inordinate amount of time to be brought into
compliance, however given Gerold Krause's poor health and Rudy Krause's diligent action, staff
recommends that the case be settled for ten percent of the total which is $12,570.00.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRAC~AGREEMENTCHANGES: NOM.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes
No xx
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
- -
APPROVED BY: County Atty ---K- OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
Revised 2/05
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.: CE04090031
GEROLD KRAUSE,
Respondent.
/
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and
Gerold Krause, 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 as follows:
1. The parties agree to settle the code enforcement lien for $12, 570.00.
2. The property in question has a legal description of 357 SAWYER
DRIVE, CUDJOE GARDENS, A/K/ A BK3, L T 20, CUDJOE
GARDENS, 2ND ADDN, CUDJOE KEY, MONROE COUNTY,
FLORIDA (RE#:00173630-000000).
3. Upon approval of this agreement by the Board of County
Commissioners, the Respondent shall remit a check in the amount of
$12,570.00 made payable to the Board of County Commissioners.
4. Once the aforementioned check has cleared, the County will issue to
the Respondent a release and satisfaction of said lien for filing by the
Respondent 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, the 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
CLERK:
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
By:
By:
Deputy Clerk
Mario DiGennaro, Mayor
Dated
J501eril-J w ~~espondent
Gerold Krause
L&~ '-
-=_.JJ.."}. m~ '" f. "" /V'-
Notary ublic \
By: G,<'fD\J to. Lvause ~I
( date)
NOTARY PUBLlC-~AJ'E OF FLORIDA
..."..., """ whimey Meehan
l W ECommission #DDS84467
..,".....~ fu.-pires: SEP. 24, 2010
BO~i:iED THRU ATlANT1C BONDING CO., INC.
P dro . Merca
Assistant Coun Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-5046