www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 11, 2014
February 11, 2014 - Regular Meeting
Agenda Item #28


Subject
Antonia Valencia, Code Enforcement Case No. CE2011060499

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $9,892.00 (as previously recommended by the Special Magistrate on August 28, 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 $98,920.00 for CE2011060499.

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

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 Case No. CE2011060499 against Antonio Valencia regarding property located at 116 42nd Avenue East, Bradenton (DP#4782600003):

  • June 21, 2011, Code Enforcement received from the Building Department voided permit #07120571 for an installed garage without permits.
  • June 23, 2011, the zone officer contacted the property owner and advised him to make contact with the Building Department to rectify the voided permit.
  • June 30, 2011, the property owner advised he had contacted an engineer to assist him in getting this property into compliance.
  • July 18, 2011, the zone officer e-mailed the engineer to find out the status and he responded back he gave the property owner a quote and had not heard back from him.  The zone officer cited the property owner for an addition (garage) that was constructed without the required building permit and Certificate of Occupancy/Completion on the property 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.
  • July 20, 2011, a Letter of Violation was sent out certified mail to the property owner and nothing was ever returned back to Code Enforcement.
  • August 8, 2011, the zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the September 28, 2011, Special Magistrate hearing.
  • August 12, 2011, a Notice of Hearing for the September 28, 2011, Special Magistrate was sent out certified mail to the property owner and nothing was ever returned back to Code Enforcement.
  • September 12, 2011, the zone officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the September 28, 2011, Special Magistrate hearing.
  • September 28, 2011, the Special Magistrate found in violation of Section 512.1 and set a compliance date of December 23, 2011,  or a minimum fine of $200 and a daily fine of $100 would be imposed; and found in violation of Section 513.1 and set a compliance date of March 23, 2012, or a minimum fine of $200 and a daily fine of $100 would be imposed. 
  • December 27, 2011, 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.
  • March 27, 2012, the zone officer did a re-inspection and found no certificate of occupancy/completion had been issued and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.1.
  • June 18, 2013, the zone officer found the property to be in compliance, Permit #13060766 had been issued along with the Certificate of Completion and stopped the fines as of June 14, 2013, on Sections 512.1 and 513.1. The fines totaled $98,920.00 for both sections together.
  • August 15, 2013, Code Enforcement received a letter from the property owner requesting this fine be rescinded and the Division Manager placed this on the August 28, 2013, Old Business Special Magistrate.
  • August 28, 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 10%, which would be $9,892.00, which staff supported. (The respondent did not accept this recommendation.)
  • December 28, 2013, the property owner, Antonio Valencia, sent a letter to Code Enforcement giving full and sufficient power for his brother, Jose Heriberto, to represent on his behalf at the Board of Commissioner's meeting for property 116 42nd Avenue East, Bradenton.


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 Laurie Menard (laurie.menard@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  BOCC Attachments 2-11-2014 Valencia.pdf