Item Q03
BOARD OF COUNlY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16. 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. Armando and Lidia Sosa, Case No. CE05020340.
ITEM BACKGROUND:
Mr. Sosa lives on Stock Island and on 3/1/05 Mr. Sosa was cited for a violation of Section 15.5-21 of
the County Code for failing to connect to the central sewerage system. At the time Mr. Sosa received
the citation, Mr. Sosa was performing extensive repair work to his home. By time Mr. Sosa applied for
all of the permits required to effect the repairs that were necessary the building department found that
the repairs would classifY the work as a substantial improvement and Mr. Sosa was required to come in
to compliance with the Count's flood plain requirements. Because of the additional costs of bringing the
home in to compliance, Mr. Sosa sought a bank loan. That bank loan process was delayed due to the
existence of the code violations on the property. Once Mr. Sosa was able to obtain his loan he
completed all of the work as diligently and expeditiously as possible. In the meantime the code
enforcement action proceeded and Mr. Sosa was found in violation. Due to the delays that occurred as
a result of the additional requirements imposed when the 500.10 threshold was reached and the ensuing
loan application problems encountered by Mr. Sosa because of the code violation, by the time Mr. Sosa
had worked through the myriad problems and achieved compliance the fines and costs had accrued to
$49,600. Throughout the code enforcement case Mr. Sosa kept in constant contact with the C.E.
inspector and kept her apprised of the status of his efforts. Based on the above, staff recommends
waiving the fines and settling the matter for the administrative cost of prosecution, $100.00.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No xx
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -X- OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required
DIsposmON:
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.: CE05020340
ARMANDO SOSA and
LIDIA SOSA,
Respondents.
/
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and
Armando Sosa and Lidia Sosal, Respondents, hereby agree to settle the code
enforcement lien imposed in the above-referenced case by the Special Magistrate
against property owned by the Respondents as follows:
1. The parties agree to settle the code enforcement lien for
$lOO.OO.(Payment has been remitted by the respondents and proof
attached hereto)
2. The property in question has a legal description of 5515 - 5TH
AVENUE, STOCK ISLAND, MONROE COUNTY, FLORIDA
(RE#:OO 127140-000000).
3. Upon approval of this agreement by the Board of County
Commissioners, the County will issue to the Respondents a release
and satisfaction of said lien for filing by the Respondents in the
Official Records of Monroe County.
4. The County will file a copy of the release and satisfaction in the
official Code Enforcement file.
I Lidia Sosa is deceased as of February 26,2003.
5. 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.
6. Both parties warrant that they have had an opportunity to consult with
counsel before entering into this agreement.
7. 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
Q~a
Notary Public
~(U(~ J~
Arm~do Sosa
, Respondent
, ........ Notary Public Stale of Florida
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~ My Commission 00508307
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y:
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(date)
By:
This dO~ was a proved as to
Pedro J. M ca
n ounty Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-5046
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