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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 #14


Subject
Dennis D. and Teresa W. Visintainer Case No. CE2011010477

Briefings
None

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

Action Requested

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.



Enabling/Regulating Authority
Section 162.09, Florida Statutes (2009)

Background Discussion

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.


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 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 Visintainer.pdf