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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 13, 2015
January 13, 2015 - Regular Meeting
Agenda Item #8


Subject
Jesus Cruz Code Enforcement Case Number CE2006100073

Briefings
None

Contact and/or Presenter Information
Jeff Bowman, Division Chief, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $1,000.00 (as previously recommended by the Special Magistrate on November 26, 2014), subject to the following conditions:

  1. The reduced fines shall be paid within 120 days or will revert back to the original fine amount of $198,925.00 for CE2006100073.
  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 (2014)

Background Discussion

Below is a summary of Code Enforcement Case No. CE2006100073 against Jesus Cruz regarding property located at 3523 16th Street East, Bradenton (DP#1610900001):

  • October 4, 2006, the Code Enforcement Officer observed a truck with no tag and trash and debris on the property. The property owner was cited for a junk vehicle, unscreened outdoor storage, and trash and debris which is a violation of Section 703.2.23 (Parking or Storage of Junk Vehicles or Refuse Prohibited) and Section 703.2.20 (Screened Outdoor Storage) of the Manatee County Land Development Code.
  • October 5, 2006, a Letter of Violation was sent out certified mail to the property owner and the green card was returned  to Code Enforcement signed by Jesus Cruz on October 17, 2006.
  • October 19, 2006, the Code Enforcement Officer did a re-investigation and found the junk vehicle, trash and debris, and outdoor storage still present on the property and scheduled this case to go before the November 22, 2006, Special Magistrate hearing.
  • October 20, 2006, a Notice of Hearing for the November 22, 2006, Special Magistrate hearing was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • January 16, 2007, the Code Enforcement Officer did a site inspection and found the junk vehicle gone, but the outdoor storage and trash and debris remained.  This case was continued due to lack of service.
  • February 1, 2007, the Code Enforcement Officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the February 28, 2007, Special Magistrate hearing.
  • February 28, 2007, the Special Magistrate found the respondent in violation of Sections 703.2.23 and 703.2.20 and set a compliance date of March 23, 2007, or a minimum fine of $100 and a daily fine of $75 would be imposed for each violation.
  • March 26, 2007, the Code Enforcement Officer did a re-inspection and found the outdoor storage remained and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.20. (The trash and debris were gone).
  • June 25, 2014, the Code Enforcement Officer did a re-inspection and found that the items that were cited had been removed, therefore, the property was found to be in compliance. The fines were stopped as of this date for Section 703.2.20. The fines totaled $198,925.00.
  • July 16, 2014, Code Enforcement received a letter from Mr. Cruz requesting a fine reduction and offering to pay $1,000.00 of the total fine amount.  The Division Manager accepted the $1,000.00 offer plus recording fees of $20.00 and placed this on the November 26, 2014, Old Business Special Magistrate.
  • November 26, 2014, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $1,000.00, to be paid within four months, 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 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 1-13-2015 Cruz.pdf