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Manatee County Government Administrative Center Commission Chambers, First Floor 1:30 p.m - December 11, 2012
December 11, 2012 Regular Meeting
Agenda Item #13


Subject
Heritage Development of Central Florida, Case Nos. CE2008120003 and CE2008120005

Briefings
None

Contact and/or Presenter Information

Joe Fenton, Division Manager, Ext. 6854



Action Requested

Motion to reduce the fines for these two cases to $3,000.00. ($1,500.00 and $1,500.00), (as previously recommended by the Special Magistrate on October 24, 2012), subject to the following conditions:

1.  The reduced fines shall be paid within 30 days or will revert back to the original fine amounts of $65,125.00 and $65,125.00 for CE2008120003 and CE2008120005.

2.  Recording fees need to be collected, which total $40.00.

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 Cases CE2008120003 and CE2008120005 against Heritage Development of Central Florida regarding properties located at 6700 Prospect Road, Sarasota (DP#1877501009) and 6710 Prospect Road, Sarasota (DP#1877503009):

  • December 1, 2008, Code Enforcement received a complaint regarding the two addresses listed above concerning trash and debris being dumped on the two vacant lots.
  • December 1, 2008, the zone officer cited the property owners for trash and debris, including but not limited to yard waste, metal, wood, etc., in violation of Section 703.2.23.1 (Refuse Prohibited) of the Manatee County Land Development Code.
  • December 2, 2008, two Letters of Violations were sent out certified mail for CE2008120003 and CE2008120005 to the property owners and registered agents and were returned on December 6 and December 8, 2008, signed by Gary Turner and Mary McNamar.
  • December 17, 2008, the zone officer did a re-investigation and found all the trash and debris remained on the two properties and scheduled both cases to go before the January 28, 2009, Special Magistrate.
  • December 18, 2009, both hearing notices for the January 28, 2009, Special Magistrate were sent out certified mail for CE2008120003 and CE2008120005 to the property owners and registered agents and were returned on December 29, 2008, signed by Mary McNamar.
  • January 28, 2009, the Special Magistrate found cases CE2008120003 and CE2008120005 both in violation and gave until February 20, 2009, to comply or a minimum fine of $100 and a daily fine of $75 would be imposed for Section 703.2.23.1 for each case.
  • February 25, 2009, the zone officer did a re-inspection and found both properties still had trash and debris on them and completed an Affidavit of Non-Compliance to start the fines as ordered for CE2008120003 and CE2008120005.
  • December 7, 2011, the Division Manager stopped the fines for both cases when it was discovered the properties were titled over to new owners, which happened on July 7, 2011. The fines were $65,125.00 and $65,125.00.
  • October 5, 2012, the Division Manager received a letter from Quantum Partners, representatives for the new property owners, the FDIC, asking to go before the next Special Magistrate to request a possible fine reduction. They have offered $3,000.00 towards both cases and they were placed on the October 24, 2012, Special Magistrate Old Business.
  • October 24, 2012, the Special Magistrate recommended both cases, CE2008120003 and CE2008120005, be forwarded to the Board of County Commissioners for a recommended fine reduction to $3,000.00, ($1,500.00 for each case) 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 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 12-11-12 Heritage.pdf