www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 23, 2013
April 23, 2013 - Regular Meeting
Agenda Item #10


Subject
Deutsche Bank National Trust Co., as and Trustee Under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2007-3, (fka Valerie L. Stovall and Chad Cothern) Case No. CE2011060044

Briefings
None

Contact and/or Presenter Information

Joe Fenton, Division Manager, Ext. 6854



Action Requested

Motion to reduce the fines for this case to $3,307.00, (as previously recommended by the Special Magistrate on March 27, 2013), subject to the following conditions:

1.  The reduced fines shall be paid within 30 days or will revert back to the original fine amount of $33,050.00 for CE2011060044.

2.  Recording fees need to be collected, which total $20.00.

3.  Building and Development Services Department Director is authorized to sign satisfactions of liens if the reduced fines are paid.



Enabling/Regulating Authority

Section 162.09, Florida Statutes (2009)



Background Discussion

Below is a summary of Code Enforcement Case No. CE2011060044 against Deutsche Bank National Trust Co., as and Trustee Under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2007-3, (fka Valerie L. Stovall and Chad Cothern) regarding property located at 3815 37th Street East, Bradenton (DP#1683910267):

  • June 1, 2011, Code Enforcement received an anonymous phone call regarding a pool that was open and accessible to the public.
  • June 2, 2011, the zone officer cited the property owners for having an in-ground swimming pool that was not enclosed on the property in violation of Section 703.2.24.2.6 (Swimming Pool Enclosures and Bath House Requirements) of the Manatee County Land Development Code.
  • June 3, 2011, a Letter of Violation was sent out certified mail to the property owner and the letter was returned unclaimed.
  • June 20, 2011, the zone officer did a re-investigation and found the pool remained unsecured and scheduled this case to go before the July 27, 2011, Special Magistrate hearing.
  • June 21, 2011, a Notice of Hearing for the July 27, 2011, Special Magistrate was sent out certified mail to the property owners and the letter was returned unclaimed.
  • June 30, 2011, the zone officer posted the property and the 1st floor of the County Administration building with the Letter of Violation and Notice of Hearing. 
  • July 27, 2011, the Special Magistrate found in violation and set a compliance date of August 19, 2011, for Section 703.2.24.2.6 or a minimum fine of $200 and a daily fine of $150 would be imposed.
  • August 22, 2011, a re-inspection was performed by the zone officer and found to still be in violation and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 703.2.24.2.6.
  • March 26, 2012, the zone officer did a site visit for an overgrown issue and observed the swimming pool was covered and the fines were stopped as of that date. (The actual stopping of the fines occurred on February 20, 2013). The fines totaled $33,050.00.
  • January 29, 2013, staff received an e-mail from Stephan Scalera, Remax Alliance Group, the new property owner's listing agent (due to the foreclosure), requesting a lien search on this property.
  • March 22, 2013, staff received an e-mail from Mr. Scalera asking for a fine reduction and this case was added to the March 27, 2013, Special Magistrate Old Business to request a fine reduction to $3,307.00, which is ten percent of the total fine amount, which staff recommended and supported.
  • March 27, 2013, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $3,307.00, which staff supported.


County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records

Please forward a stamped copy of the agenda to Administrative Specialist Laurie Menard (laurie.menard@mymanatee.org) in the Code Enforcement Division following disposition.



Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  BOCC Attachments 4-23-2013 Deutsche.pdf