www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 13, 2013
August 13, 2013 - Regular Meeting
Agenda Item #8


Subject
Carl E. Loeffler and Carl E. Loeffler Revocable Living Trust, Code No. CE2011110359

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $3,436.50, (as previously recommended by the Special Magistrate on June 26, 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 $22,365.00 for CE2011110359.

2.  Recording fees need to be collected, which total $40.00. (This has already been calculated into the final amount.)

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. CE2011110359 against Carl E. Loeffler and Carl E. Loeffler Revocable Living Trust regarding property located at 1615 18th Street Court East, Palmetto (DP#789500006):

  • August 19, 2009, the Building Department posted Stop Work Order #5007 due to Permit #09090546 being voided for an air conditioner that was installed without the required permits.
  • November 21, 2011, the Building Department turned over paperwork to open a Code Enforcement case for work without a permit.
  • December 6, 2011, the zone officer cited the property owner for installing an A/C unit without the required building permit and/or Certificate of Occupancy/Completion on the property in violation of Section 512.1 (Building Permits - Purpose and Applicability) and Section 513.2 (Certificate of Occupancy/Completion - Standards and Review) of the Manatee County Land Development Code.
  • December 8, 2011, a Letter of Violation was sent out certified mail to the property owner and was signed for on December 17, 2011, by Connie Rempe.
  • December 27, 2011, the zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the January 25, 2012, Special Magistrate hearing.
  • December 30, 2011, a Notice of Hearing for the January 25, 2012, Special Magistrate was sent out certified mail to the property owner.
  • January 23, 2012, the zone officer re-scheduled this case to go before the February 22, 2012, Special Magistrate hearing.
  • January 30, 2012, a Notice of Hearing for the February 22, 2012, Special Magistrate was sent out certified mail to the property owner and was signed for on February 2, 2012, by Connie Rempe.
  • February 22, 2012, the Special Magistrate found in violation of Section 512.1 and set a compliance date of March 23, 2012, or a minimum fine of $100 and a daily fine of $75 would be imposed and found in violation of Section 513.2 and set a compliance date of August 17, 2012, or a minimum fine of $100 a daily fine of $75 would be imposed.
  • March 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.
  • September 7, 2012, the zone officer did a re-inspection and found no Certificate of Occupancy/Completion on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.2.
  • March 26, 2013, it was discovered the property sold and fines were stopped as of October 31, 2012, on Sections 512.1 and 513.2. The fines were $16,695.00 and $5,670.00 respectfully. The total fines due are $22,365.00.
  • June 10, 2013, the Division Manager received a letter from Attorney Janelle L. Esposito, representing Bank of the Ozarks in connection with this property, requesting this fine be reduced or rescinded and was placed on the June 26, 2013, Old Business Special Magistrate.
  • June 26, 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 $3,436.50, which staff supported. ($1,200.00 for staff cost and $2,236.50 for ten percent fine reduction.)


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 8-13-2013 Loeffler.pdf