www.mymanatee.org
Manatee County Government Administrative Building First Floor, Chambers December 1, 2016 - 9:00 AM
December 1, 2016 - Land Use Meeting
Agenda Item #5


Subject
Reduction of Code Enforcement Fines for Christine R. Maser PIN#6631202204-Address 7036 13th Street East, Sarasota, FL 34243

Briefings
None

Contact and/or Presenter Information
Jeff Bowman, Division Chief, Ext. 6854

Action Requested

Motion to reduce the fines for case number CE2007010245 totaling $221,975.00 to be reduced to $4000.00 (as previously recommended by the Special Magistrate on October 26, 2016), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amount of $221,975.00 for case number CE2007010245.
  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 reduced fines are paid.


Enabling/Regulating Authority
Section 162.09, Florida Statutes

Background Discussion

The original property owner was Christine R. Maser.  On April 3, 2007 a code enforcement lien was recorded.  On June 24, 2013 a foreclosure complaint was filed.  On June 19, 2015 a Final Judgment of Foreclosure was recorded.  On February 19, 2016 an Amended Certificate of Title was recorded naming US Bank National Association as the property owner.  The bank brought the property into compliance within 5 months after taking possession.  The current property owner US Bank National Association by and through their attorneys Greenfield Law Group PA is seeking a reduction in fines.  Below is a brief synopsis regarding the case history:

  1. Violation: Trash & Debris on side of garage.
  2. Notice of Violations issued 1/12/2007 with a compliance date of 2/26/2007.
  3. Special Magistrate Hearing:  the hearing was held on 2/7/2007 and ordered to comply or a minimum fine of $65.00 and a daily fine of $65.00 per day would be imposed.
  4. Complied on 7/28/2016.
  5. Fines for this total $221,975.00 plus $20.00 recording fee.
  6. Property owner offered a total of $4,000.00 plus $20.00 recording fee to settle the case.
  7. Special Magistrate Mitigation hearing October 26, 2016.  The Magistrate determined that justification exists to reduce the total fine amounts and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amounts totaling $221,975.00 to $4,000.00 plus $20.00 recording fees to the settle the case. Staff supports the recommendation of the Special Magistrate.


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 Vicki Gipson (vicki.gipson@mymanatee,org) in the Code Enforcement Division following deposition.

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  2016-12-01 CE2007010245 Maser .pdf