www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 28, 2014
January 28, 2014 - Regular Meeting
Agenda Item #12


Subject
Federal National Mortgage Association (fka Sean Eugene Detlefsen) - Code Enforcement Case No. CE2013010202

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $2,500.00 (as previously recommended by the Special Magistrate on November 27, 2013), subject to the following conditions:

1.  The reduced fines shall be paid within 60 days or will revert back to the original fine amount of $6,200.00 for CE2013010202.

2.  Recording fees need to be collected, which total $40.00.

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. CE2013010202 against Federal National Mortgage Association (fka Sean Eugene Detlefsen) regarding property located at 4415 1st Avenue Drive NW, Bradenton (DP#3598000002):

  • January 9, 2013, the Code Enforcement zone officer observed tree debris in the yard and two trailers in front of the house. He left a red tag warning to have the items taken care of by January 15, 2013.
  • January 15, 2013, the zone officer cited the property owner for the restricted vehicles (including but not limited to two trailers in the front yard loaded with tree debris) and trash and debris (tree debris, wood, etc) on the property in violation of Section 703.2.15 (Parking of Restricted Vehicles, Including Commercial Vehicles) and Section 703.2.23.1 (Refuse Prohibited) of the Manatee County Land Development Code.
  • January 24, 2013, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • February 8, 2013, the zone officer did a re-investigation and found the property still in violation and scheduled this case to go before the March 27, 2013, Special Magistrate hearing.
  • February 11, 2013, a Notice of Hearing for the March 27, 2013, Special Magistrate was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • March 13, 2013, 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 March 27, 2013, Special Magistrate hearing.
  • March 27, 2013, the Special Magistrate found in violation of Section 703.2.23.1 and set a compliance date of April 19, 2013, or a minimum fine of $100 and a daily fine of $75 would be imposed; and found in violation of Section 703.2.15 and set a compliance date of April 19, 2013, or a minimum fine of $100 and a daily fine of $75 would be imposed.
  • April 22, 2013, the zone officer did a re-inspection and found the restricted vehicles in front of the house and the trash and debris remained and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.15 and Section 703.2.23.1.
  • May 30, 2013, the zone officer found the property to be in compliance and stopped the fines as of this date for Section 703.2.15 and Section 703.2.23.1.  The fines totaled $6,240.00.
  • June 26, 2013, this property was sold to Federal National Mortgage Association.
  • October 30, 2013, Code Enforcement received an e-mail from Gabriel Alvarino, who was planning to buy this property from FNMA, requesting a fine reduction.  The Division Manager e-mailed him back and asked for a reasonable offer.  Mr. Alvarino e-mailed back with an offer to pay $2,500.00 and the Division Manager placed this on the November 27, 2013, Old Business Special Magistrate.
  • November 27, 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 $2,500.00, which staff supported. (The representative from Fannie Mae was present. Also, Mr. Alvarino did purchase the property from Fannie Mae on this date.)


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 1-28-14 Detlefsen.pdf