www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 26, 2013
February 26, 2013, Regular Meeting
Agenda Item #10


Subject
Federal National Mortgage Association (fka Roger Dean McGrew Jr. and Christine A. McGrew), Case No. CE2010070379

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $2,067.00, (as previously recommended by the Special Magistrate on January 23, 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 $20,670.00 for CE2010070379.

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 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. CE2010070379 against respondents Federal National Mortgage Association (fka Roger Dean McGrew Jr. and Christine A. McGrew) regarding property located at 7730 33rd Lane East, Sarasota (DP#2028410450):

  • July 15, 2010, Code Enforcement received a complaint from the Building Department regarding a voided permit issue.
  • July 19, 2010, the zone officer cited the property owner for erecting a pool cage without the required permit or certificate of occupancy/completion on the property in violation of Section 512 (Building Permits) and Section 513 (Certificate of Occupancy/Completion) of the Manatee County Land Development Code.
  • July 21, 2010, a Letter of Violation was sent out certified to the property owners and was returned unclaimed.
  • August 9, 2010, the zone officer did a re-investigation and found no change in the voided permit and scheduled this case to go before the September 22, 2010, Special Magistrate hearing.
  • August 10, 2010, a Notice of Hearing for the September 22, 2010, Special Magistrate was sent out certified mail to the property owner and was never returned back or signed for.
  • November 12, 2010, 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 November 24, 2010, Special Magistrate hearing.
  • November 22, 2010, the zone officer discovered this property was being foreclosed on and a sale date was close for Bank of America. The item was removed from the November 24, 2010 agenda.
  • March 22, 2011, an Order of Substitution of Counsel was discovered and a Letter of Violation was forwarded to the new attorneys.
  • July 15, 2011, the  zone officer posted the property and the lobby of the County Adminstration Building with a Letter of Violation and Notice of Hearing for the July 27, 2011, Special Magistrate hearing.
  • July 27, 2011, the Special Magistrate found in violation of Section 512 and gave a compliance date of January 20, 2012, or a minimum fine of $250.00 and a daily fine of $150.00 would be imposed and found in violation of Section 513 and gave a compliance date of July 20, 2012, or a minimum fine of $150.00 and a daily fine of $100.00 would be imposed.
  • January 23, 2012, the zone officer did a re-inspection and found no change in the permit issue and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 512.
  • July 24, 2012, the zone officer discovered the property sold on June 5, 2012, to Federal National Mortgage Association and stopped the fines as of that date. The fines totaled $20,670.00. (No fines were ever started for Section 513.).
  • November 1, 2012, staff received an e-mail from One-Step Lien Search requesting any open code enforcement violations on this address. They were notified of the fine total.
  • December 5, 2012, the Certificate of Occupancy/Completion was issued for voided permit #04020385, that was re-opened.
  • December 13, 2012, the Division Manager received an e-mail from Jo Ellyn Yturraspe, the representing listing agent of the seller, Fannie Mae, requesting a possible fine reduction. The agent stated she would like to move forward with this request and agreed to offer a reduction to ten percent. This case was then placed on the January 23, 2013, Special Magistrate Old Business.
  • January 23, 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 $2,067.00, 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 Laurie Menard (laurie.menard@mymanatee.org), Code Enforcement Division, following disposition.



Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  BOCC Attachments 2-26-13 Federal.pdf