www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 8, 2014
April 8, 2014 - Regular Meeting
Agenda Item #18


Subject
Lindsey Marie Medred, Code Enforcement Case Number CE2011070079

Briefings
None

Contact and/or Presenter Information
Joe Fenton, Division Manager, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $5,195.00 (as previously recommended by the Special Magistrate on March 26, 2014), 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 $97,065.00 for CE2011070079.

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. CE2011070079 against Lindsey Marie Medred regarding property located at 8827 White Sage Loop, Bradenton (DP#1918522909):

  • July 6, 2011, Code Enforcement received a complaint about renovation work that was done with no permits.
  • July 11, 2011, the zone officer cited the property owner for renovation work without the required building permit and Certificate of Occupancy/Completion on the property in violation of Section 512.1 (Building Permits - Purpose and Applicability) and Section 513.1 (Certificate of Occupancy/Completion - Purpose and Effect) of the Manatee County Land Development Code.
  • July 12 2011, a Letter of Violation was sent out certified mail to the property owner and neither the envelope and/or green card was returned back to Code Enforcement.
  • July 28, 2011, the zone officer had contact with the property owner who was working on getting the permit.
  • August 17, 2011, the property owner notified the zone officer that they have contracted with an architect to bring the violation into compliance.
  • October 31, 2011, the zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the November 23, 2011, Special Magistrate hearing.
  • November 1, 2011, a Notice of Hearing for the November 23, 2011, Special Magistrate was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • November 10, 2011, the zone officer hand served the Letter of Violation and Notice of Hearing to the tenant.
  • November 22, 2011, the zone officer forwarded this case to the January 25, 2012, Special Magistrate hearing and intended to hand serve the property owner.
  • January 13, 2012, the zone officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the January 25, 2012, Special Magistrate hearing.
  • January 25, 2012, the Special Magistrate found in violation of Sections 512.1 and 513.1 and set a compliance date of April 20, 2012, for Section 512.1 or a minimum fine of $100 and a daily fine of $75 would be imposed, and set a compliance date of July 20, 2012, for Section 513.1 or a minimum fine of $100 and a daily fine of $75 would be imposed.
  • April 27, 2012, the zone officer did a re-inspection and found no permit on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.1.
  • July 24, 2012, the zone officer did a re-inspection and found no valid, issued certificate of occupancy/completion on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.1.
  • October 24, 2013, Ray Williams with Re/Max Alliance Group inquired with staff what the history was on this property.
  • March 13, 2014, a zone officer made a site visit and discovered the second floor patio/porch had been returned to the original condition of railing and sliding glass doors and found the property to be in compliance and stopped the fines as of March 14, 2014, on Sections 512.1 and 513.1. The fines totaled $97,065.00 (includes recording fees) for both sections together.
  • March 14, 2014, Mr. Williams had a conversation with Division Manager Joe Fenton requesting a possible fine reduction. Mr. Williams offered, on behalf of the property owner, to pay $5,195.00 plus recording fees.  Mr. Fenton then placed this on the March 26, 2014, Old Business Special Magistrate.
  • March 26, 2014, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $5,195.00 plus recording fees, 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
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Medred BOCC Attachments 4-8-2014.pdf