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 #24


Subject
Trust No. 7610 DTD 03/31/10 (fka James A. Gaudino) Case No. CE2008120259

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $1,200.00, (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 $6,100.00 for CE2008120259.

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. CE2008120259 against Trust No. 7610 DTD 03/31/10 (fka James A. Gaudino) regarding property located at 7610 Tuttle Avenue, Sarasota (DP#1975500503):

  • December 16, 2008, Code Enforcement was made aware of a large outbuilding/garage in the rear yard without permits.
  • December 17, 2008, the zone officer cited the property owner for constructing a large outbuilding/garage without the required building permit or 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.
  • December 18, 2008, a Letter of Violation was sent out certified mail to the property owner and the green card was returned signed on December 23, 2013, by Lisa Gaudino.
  • February 2, 2009, the zone officer did a re-investigation and found all violations still existed on the property and scheduled this case to go before the February 25, 2009, Special Magistrate hearing.
  • February 5, 2009, a Notice of Hearing for the February 25, 2009, Special Magistrate was sent out certified mail to the property owner and the green card was returned signed on February 11, 2009, by Lisa Gaudino.
  • February 25, 2009, Special Magistrate found in violation and gave until May 22, 2009, for compliance or a minimum fine of $250 and a daily fine of $150 would be imposed for Section 512.1 and gave until November 20, 2009, for compliance or a minimum fine of $150 and a daily fine of $100 would be imposed for Section 513.1.
  • May 20, 2009, the Division Manager for Code Enforcement received an e-mail from James Gaudino asking for more time on the compliance date for Section 512.1, and this case was then placed on the May 27, 2009, Special Magistrate Old Business to request the extension.
  • May 27, 2009, the Special Magistrate granted an extension to July 17, 2009, for Section 512.1 and extended Section 513.1 to January 22, 2010.
  • July 22, 2009, 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 512.1.
  • July 24, 2009, Code Enforcement received an e-mail from the property owner asking to be placed on the August 26, 2009, Special Magistrate Old Business to request a new compliance date for Section 512.1 and to stop the fines that were running.
  • August 26, 2009, the Special Magistrate granted an extension on the compliance date to November 20, 2009, for Section 512.1 and ordered that the fines stop as of August 26, 2009. The fines for Section 512.1 ran from 7-18-2009 to 8-26-2009 and totaled $6,100.00.
  • October 26, 2009, staff received an e-mail from Christopher Morrison, the attorney representing Margaret Smith, the first mortgage holder for the subject property. The law firm started foreclosure proceedings against Mr. Gaudino. They are requesting to be placed on the October 28, 2009, Special Magistrate Old Business to request an extension on Section 512.1.
  • October 28, 2009, the Special Magistrate continued this case to December 23, 2009, Special Magistrate, due to the property owner not being present. The December Special Magistrate hearing was cancelled and all cases were forwarded to January 27, 2010.
  • June 30, 2010, Demo Permit #10030687 was applied for March 18, 2010, issued May 11, 2010, and the Certificate of Occupancy/Completion was issued May 27, 2010. The outbuilding had been removed.
  • January 31, 2013, the Division Manager received an e-mail from Margaret Smith asking for a fine reduction. Ms. Smith has offered $1,200.00 towards the fine amount of $6,100.00, 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 $1,200.00, 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 Trust No.pdf