Motion to reduce the fines for this case to $2,470.00, (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 amount of $24,700.00 for CE2011010477.

2.  Recording fees need to be collected, which total $30.00.

3.  Building and Development Services Department Director is authorized to sign satisfaction of liens if the reduced fines are paid.

Below is a summary of Code Enforcement Case No. CE2011010477 against respondents Dennis D. and Teresa W. Visintainer regarding property located at 7534 Tori Way, Bradenton (DP#587651209):

• January 18, 2011, Code Enforcement received a complaint from the Building Department about work that was done with a voided permit, #02021991.
• March 8, 2011, the zone officer cited the property owner for an inground swimming pool that was constructed without passing the required inspections 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.
• March 9, 2011, a Letter of Violation was sent out certified mail to the property owner and was returned unclaimed.
• March 29, 2011, the zone officer did a re-investigation and found the permits remained voided and scheduled this case to go before the May 25, 2011, Special Magistrate hearing.
• April 18, 2011, a Notice of Hearing for the May 25, 2011, Special Magistrate was sent out certified mail to the property owner and was returned unclaimed.
• May 24, 2011, a Notice of Hearing for the July 27, 2011, Special Magistrate was sent out certified mail to the property owner and was returned signed by Dennis Visintainer on June 1, 2011.
• July 27, 2011, the Special Magistrate found in violation and set a compliance date of September 23, 2011 for Section 512.1 and Section 513.1 or a minimum fine of $150 and a daily fine of $100 per violation would be imposed.
• September 27, 2011, the zone officer found that the permit was still voided and completed an Affidavit of Non-Compliance to start the fines as previously ordered on Section 512.1 and Section 513.1.
• January 24, 2012, the zone officer found that the required Certificate of Occupancy/Completion had been issued for permit #02021991 and stopped the fines as of January 24, 2012. The fines totaled $24,700.00.
• September 26, 2012, the Division Manager received an e-mail from Dennis Visintainer requesting a possible reduction. This case was then placed on the October 24, 2012, Special Magistrate Old Business with an offer to pay ten percent, which is $2,470.00.
• October 24, 2012, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $2,470.00, which staff supported.