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Manatee County Government Administrative Center First Floor, Commissioner Chambers 9:00 a.m. - January 29, 2013
January 29, 2013 Regular Meeting
Agenda Item #15


Subject
First Federal Bank of Florida (fka DAA FIDU Inc. and Trust No. 647605 U/T/A DTD 1/18/2006) CE2012010050

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $1,000.00, (as previously recommended by the Special Magistrate on October 24, 2012), 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 $4,250.00 for CE2012010050.

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. CE2012010050 against respondents First Federal Bank of Florida (fka DAA FIDU Inc and Trust No 347605 U/T/A DTD 1/18/2006) regarding property located at 206 66th Avenue West, Bradenton (DP#6517200009):

  • January 4, 2012, the Code Enforcement zone officer did an investigation regarding trash and debris, two dead trees, old tires and rolls of fencing on the property.
  • January 4, 2012, the zone officer cited the property owner for trash and debris in violation of Section 703.2.23.1 (Refuse Prohibited) of the Manatee County Land Development Code.
  • January 6, 2012, a Letter of Violation was sent out certified mail to the property owner and was never returned.
  • February 3, 2012, the zone officer did a re-investigation and found the trash and debris still on the property and scheduled this case to go before the March 28, 2012, Special Magistrate hearing.
  • February 7, 2012, a Notice of Hearing for the March 28, 2012, Special Magistrate was sent out certified mail to the property owner and was returned signed by D.J. Wren on February 13, 2012.
  • March 28, 2012, the Special Magistrate found in violation of Section 703.2.23.1 and gave a compliance date of May 18, 2012, or a minimum fine of $100 and a daily fine of $50 would be imposed.
  • May 21, 2012, the zone officer did a re-inspection and found the trash and debris remained on the property and completed an Affidavit of Non-Compliance to start the fines as ordered.
  • August 10, 2012, the zone officer did a re-inspection and found the trash and debris had been removed and the property in compliance and stopped the fines as of this date. The fines totaled $4,270.00.
  • August 15, 2012, Division Manager Joe Fenton received an e-mail inquiring about the fines from Jerry Levin, Special Counsel for First Federal Bank of Florida, whom took over the property in the foreclosure. Mr. Levin then gave staff an offer of $1,000.00 over the telephone.
  • August 22, 2012, the Division Manager asked that this case be placed on the September 26, 2012, Special Magistrate Old Business hearing for a possible fine reduction to $1,000.00. (Mr. Levin could not make the September hearing and this was then re-scheduled for October 24, 2012.
  • October 24, 2012, 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, 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 the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  BOCC Attachments 1-29-13 First Fed.pdf