Item P02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006- Marathon
Division:
County Attorney
Bulk Item: Yes ~ No
Department: County Attorney
Staff Contact Person: Pedro J. Mercado
AGENDA ITEM WORDING:
Discussion and approval of proposed settlement agreement of Monroe County, Florida v. Timothy
John Woods and Barbara A. Woods, Case No. CE05060056.
ITEM BACKGROUND:
The owners of Conch Key Trailer Park, Timothy Woods and Barbara Woods, were cited on June 14,
2005 for a violation of Monroe County Codes section 9.5-111, for installing patio awnings on 2 oftheir
trailers, and section 9.5-281 for installing the patio awnings within the side yard setback. The Woods
were infonned that they would need to seek a variance in order to maintain the awnings in the side yard
setback as well as obtain after the fact permits for the installation of the awnings itself. The Woods
were given approximately 6 months to correct the violation before the case was placed before the
special magistrates for a hearing on the violation. On January 26,2006 the special magistrate found
that the Woods' had violated the sections of the code cited above and gave the Woods' an additional 60
days until March 23,2006 to bring the property into compliance. On March 30,2006 a review hearing
was held and the Woods were found to have not brought the property into compliance and fines of
$100 per day was imposed. The property was finally brought into compliance 49 days later at which
time the fines and costs had accrued to $5,000 dollars. Although 11 months seems an excessive period
of time to obtain after the fact pennits, staff opined that the delay was not solely attributable to the
Woods. Staffis in agreement that the case should be settled for 25 percent of the total fine, $1,250
dollars.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT! AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval.
TOT AL COST: NI A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No xx
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
DISPOSITION:
Included X
Revised 2/05
Not Required_
AGENDA ITEM #
BEFORE THE CODE ENFORCEMENT SPECIAL MASTER
OF MONROE COUNTY, FLORIDA
The Honorable J. Jefferson Overby, Presiding
MONROE COUNTY, FLORIDA
Petitioner,
vs.
CASE NO.: CEOS060056
TIMOTHY JOHN WOODS and
BARBARA A. WOODS,
Respondent( s)
/
SETTLEMENT AGREEMENT
The Petitioner Board of County Commissioners of Monroe County
and Timothy John Woods and Barbara A. Woods, Respondent(s), hereby
agree to settle the code enforcement lien imposed in the above-referenced
case by the Special Master against property owned by the Respondent(s) as
follows:
1. The parties agree to settle the code enforcement lien for
$1,250.00.
2. The property in question has a legal description of CONCH
KEY PB2M130 A SUB IN FRACTIONAL SECS 14 & 15
a/k/a 2 NORTH CONCH AVE., CONCH KEY MONROE
COUNTY, FLORIDA (RE:00385780-000000) OR: Bk.#
2242, page 137.
3. Upon approval of this agreement by the Board of County
Commissioners, the Respondent(s) shall remit a check in the
amount of $1,250.00 made payable to the Board of County
Commissioners.
4. Once the aforementioned check has cleared, the County will
issue to the Respondent(s) a release and satisfaction of said lien
for filing by the Respondent(s) III 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 CO MISSIONERS
OF MONROE COUNTY
By:
Deputy Clerk
By:
Charles "Sonny" McCoy, Mayor
Dated /1 - I ~- - (} (;;'?
/' ,~0 i~5;,~ r '
;/ ,i~;::~\\'jr' Timothy J " n Woods, Resp
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.mITE OF OHIO
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tv ';.,rnll1iSSIOn Expires SEPT. 25, 2007
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This document was prepared and approved for legal sufficiency by:
Pedro J. Mercado, Esq.
Assistant County Attorney
Florida Bar No.: 0084050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470