Item Q04
BOARD OF COUNTY 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. Julio Halty and Patricia Brame, Case No. CE05080376.
ITEM BACKGROUND:
Mr. Halty and Ms. Brame were cited on August 20, 2005 for violation of County Code sections 6-34
for failing to obtain a final inspection on a demolition permit and 6-4 for installing unapproved windows
within a screened enclosure. The Hatty's were originally scheduled to attend a hearing on October 27,
2005. That hearing was cancelled as a result of Hurricane Wilma. The HaIty's then received several
continuances of their hearings. In the meantime the HaIty's were attempting to hire a contractor and
finding it difficult to impossible to contract with anyone qualified to do the work because of the
shortage of available contractors in the aftermath of Hurricane Wilma. A hearing was held on June 20,
2006. In the same month of June the Halty's were finally able to locate a contractor however no permit
had been applied for and the property was not in compliance. The special Magistrate found a violation
and imposed fines. The contractor hired by the Hatty's actually completed the work before the
compliance date which triggered the running of the fines, however for some inexplicable reason the
contractor failed to call for a final inspection. By the time the inspection was called for and the property
found to be in compliance the fines and costs had accrued to $35,100. Throughout the code
enforcement case the Halty's kept in constant contact with the c.E. inspector and kept her apprised of
the status of their efforts and even enlisted the help of the C.E. inspector in getting the contractor to call
for the final inspection. 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.: CE05080376
JULIO HALTY and
PATRICIA BRAME,
Respondents
/
SETTLEMENT AGREEMENT
The Petitioner, Board of County Commissioners of Monroe County and
Julio Halty and Patricia Brame, 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 $100.00.
2. The property in question has a legal description of BK 59, LT 3,
PORT PINE HEIGHTS, 2ND ADD, BIG PINE KEY, MONROE
COUNTY, FLORIDA (RE#:00295320-000000).
3. Upon approval of this agreement by the Board of County
Commissioners, the Respondents shall remit a check in the amount of
$100.00 made payable to the Board of County Commissioners.
4. Once the aforementioned check has cleared, 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.
5. The County will file a copy of the release and satisfaction in the
official Code Enforcement file.
6. 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.
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
, Respondent
,~N' III, EVERLY MISSANT
/i'.m: !S~\ Notary Public. State of Florida
~ ~ : : ; ~MY Commission Expires Noy 19. 2009
~'-:'" o>.~'~ Commission" 00466933
"',,~r,r.i,'" Bonded By National Notary Assn.
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By: ~L.\_li\n\:G~ L{-~~~o'l
(date)
;f2i.-~spondent
/ Patrida Brame
~ ~~ By:\&w~ ()\\s.~
Notary ubli _
"'~~::~'~~~!'" BEVERLY MISSANT
'to'<. Notary Public - State of Florida
This docume * ~ IIsr_ofor.llll y:
~~~ ~<>..,-' Commission # DD466933
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(date)
Pedro J. Mercado, Esq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-5046
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PATRICIA A.~RAME.HALTV
18728 BIG CYPRESS DRIVE
JUPITER, Fl .33458
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