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 #11


Subject
Fannie Mae (fka Milton and Joan Maynor) - Code Enforcement Case No. CE2011040595

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $2,090.00 (as previously recommended by the Special Magistrate on November 27, 2013), subject to the following conditions:

1.  The reduced fines shall be paid within 30 days or will revert back to the original fine amount of $20,900.00 for CE2011040595.

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. CE2011040595 against Fannie Mae (fka Milton and Joan Maynor) regarding property located at 5736 2nd Street West, Bradenton (DP#6033800001):

  • April 25, 2011, the Code Enforcement zone officer observed a boat and two trailers in front of the house. He left a red tag warning to have the items moved by April 28, 2011.
  • April 29, 2011, the zone officer cited the property owner for the restricted vehicles (including but not limited to a boat on a trailer and two trailers) on the property in violation of Section 703.2.15 (Parking of Restricted Vehicles, Including Commercial Vehicles) of the Manatee County Land Development Code.
  • May 2, 2011, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • May 17, 2011, the zone officer did a re-investigation and found at least one boat and a trailer in front of the house and scheduled this case to go before the June 22, 2011, Special Magistrate hearing.
  • July 7, 2011, a Notice of Hearing for the June 22, 2011, Special Magistrate was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • June 9, 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 June 22, 2011, Special Magistrate hearing.
  • June 22, 2011, the Special Magistrate found in violation of Section 703.2.15 and set a compliance date of July 22, 2011, or a minimum fine of $100 and a daily fine of $100 would be imposed.
  • July 26, 2011, the zone officer did a re-inspection and found the restricted vehicles in front of the house and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.15.
  • October 21, 2013, staff received an e-mail from RE/MAX Alliance Group stating there were no signs of a boat or trailer on the property.
  • October 24, 2013, the zone officer found the property to be in compliance. Another zone officer cited this same property for another issue on February 16, 2012, and provided pictures that showed no restricted vehicles were present at that time. The fines were stopped as of February 16, 2012, on Section 703.2.15. The fines totaled $20,900.00.
  • November 8, 2013, Code Enforcement received an e-mail from RE/MAX Alliance Group, representing the new property owner Fannie Mae, requesting a fine reduction and offering $1,000.00.  The Division Manager recommended a 10% reduction of the fine, which would be $2,090.00, plus recording fees of $20.00 and 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 $2,090.00, which staff supported. (The representative accepted the recommendation.)


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 Maynor.pdf