Agenda

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County Attorney's Report 12. 9.

BCC Regular Meeting

Action

Meeting Date:	05/05/2016
Issue: Settlement of Code Enforcement Matter – 6 Washington Street
From:	Meredith Crawford
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Settlement of Code Enforcement Matter – 6 Washington Street – CE#11-01-00115

That the Board authorize acceptance of $4,000.00 from the property owner/violator in order to effect a full, final, and complete settlement of Code Enforcement case CE#11-01-00115 and any and all potential civil claims associated therewith, if any, including any §1983 Civil Rights or Freedom Of Information Act claims.

BACKGROUND:

Bruce Wingate owns property located at 6 Washington Street, Pensacola, Florida. In June 2011, a hearing was held before an Escambia County Environmental Enforcement Special Magistrate wherein the structure on the property was found to be in violation of the Code. In May 2015, Escambia County Environmental Enforcement demolished the structure due to the unabated Code violations. A cost certification hearing was held on April 12, 2016, wherein the Special Magistrate found demolition costs of $4,970.00, court costs of $1,100.00, and daily fines in the amount of $10,510.00 for a total amount due of $16,580.00. At the 2016 cost certification hearing, Mr. Wingate presented testimony and photographs of repair work occurring on the property but admitted that he had not notified the County that any work had occurred on the property.

Mr. Wingate has the right to appeal the Magistrate’s findings to the Circuit Court. Mr. Wingate has agreed to waive his right to appeal in exchange for the County’s acceptance of $4,000.00 as full and final settlement of this Code enforcement matter, including any other civil claims that may be cognizable.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Meredith D. Crawford negotiated the settlement and has prepared a stipulated settlement and general release and hold harmless agreement.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement and Release of Claims