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


Subject
Sean and Cherie Heasley Case No. CE2010080127

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $2,800.00, (as previously recommended by the Special Magistrate on February 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 $28,050.00 for CE2010080127.

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. CE2010080127 against respondents Sean and Cherie Heasley, regarding property located at 1207 66th Street NW, Bradenton (DP#3077000002):

  • August 5, 2010, Code Enforcement was made aware of Permit #04032116, which was issued on May 11, 2004, and was later voided.
  • August 6, 2010, the zone officer cited the property owners for constructing an addition without the required building permit or Certificate of Occupancy/Completion on the property in violation of Section 512 (Building Permits) and Section 513 (Certificate of Occupancy/Completion) of the Manatee County Land Development Code.
  • August 10, 2010, a Letter of Violation was sent out certified mail to the property owners and the green card was returned signed on August 12, 2010, by Cherie Heasley.
  • August 25, 2010, the zone officer did a re-investigation and found all violations still existed on the property and scheduled this case to go before the September 22, 2010, Special Magistrate hearing.  A Notice of Hearing for the September 22, 2010, Special Magistrate was sent out certified mail to the property owners and the green card was returned signed on August 28, 2010, by Sean Heasley.
  • September 20, 2010, the zone officer removed this case from the September Special Magistrate agenda. The Building Department advised the officer that Mr. Heasley paid to re-open his permit and was finishing his addition and would complete the permit process.
  • January 4, 2011, the zone officer scheduled this case to go before the February 23, 2011, Special Magistrate hearing. A Notice of Hearing for the February 23, 2011, Special Magistrate was sent out certified mail to the property owners and the green card was returned signed on January 8, 2011, by Sean Heasley.
  • February 22, 2011, the zone officer removed this case from the February Special Magistrate agenda. Permit #04032116 was set for inspection.
  • May 4, 2011, the zone officer scheduled this case to go before the June 22, 2011, Special Magistrate hearing. A Notice of Hearing for the June 22, 2011, Special Magistrate was sent out certified mail to the property owners and the green card was returned signed on May 7, 2011, by Sean Heasley.
  • June 22, 2011, the Special Magistrate found in violation and gave until July 22, 2011, for compliance or a minimum fine of $100 and a daily fine of $50 would be imposed for Section 512 and for Section 513.
  • July 27, 2011, a re-inspection was performed by the zone officer and found no Certificate of Occupancy and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 513. (Section 512 was in compliance.)
  • February 1, 2013, Code Enforcement received an e-mail from the property owner advising that the C/C had been issued and requested a fine reduction.  The Certificate of Completion was issued on February 1, 2013 and the fines were stopped as of that date.  The fines totaled $28,050.00.
  • February 4, 2013, Mr. Heasley offered to pay ten percent of the total fine, which would be $2,800.00 towards the fine amount of $28,050.00, which staff supported, and this case was placed on February 27, 2013, Special Magistrate Old Business.
  • February 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 $2,800.00, 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 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 4-9-13 Heasley.pdf