www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
June 17, 2014 - Regular Meeting
Agenda Item #29


Subject
Claudide Antoine, Code Enforcement Case Numbers CE2006080658 and CE2006090715

Briefings
None

Contact and/or Presenter Information
CJ Dupre, Building Services Division Manager/County Building Official

Action Requested

Motion to reduce the fines for these two cases to $1,500.00 for each case (as previously recommended by the Special Magistrate on April 23, 2014), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amount of $176,975.00 for CE2006080658 and $138,400.00 for CE2006090715.
  2. Recording fees need to be collected, which total $30.00 for each case.
  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 Numbers CE2006080658 and CE2006090715 against Claudide Antoine regarding property located at 3316 and 3320 19th Street Court East, Bradenton (DP#1588000109 and 1588000059):

CE2006080658

  • August 21, 2006, the Code Enforcement zone officer observed trash and debris and two restricted vehicles in the front yard and cited the property owner for having trash and debris (washer, tires, wood, etc) and restricted vehicles (a box trailer and a flat trailer) on the property in violation of Section 703.2.23 (Parking or Storage of Junk Vehicles or Refuse Prohibited) and Section 703.2.15 (Parking of Restricted Vehicles Including Commercial Vehicles) of the Manatee County Land Development Code.
  • August 22, 2006, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • September 6, 2006, the zone officer did a re-investigation and found trash and debris and the restricted vehicles still present on the property and scheduled this case to go before the September 27, 2006, Special Magistrate hearing.
  • September 7, 2006, a Notice of Hearing for the September 27, 2006, Special Magistrate was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • September 22, 2006, the zone officer continued this case to the November 22, 2006, Special Magistrate, due to no service on the September hearing notice.
  • September 25, 2006, a Notice of Hearing for the November 22, 2006, Special Magistrate was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • November 3, 2006, 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 22, 2006, Special Magistrate hearing.
  • November 22, 2006, the Special Magistrate found in violation of Section 703.2.23 and set a compliance date of January 5, 2007, 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 December 16, 2006, or a minimum fine of $100 and a daily fine of $75 would be imposed.
  • December 18, 2006, the zone officer did a re-inspection and found that one trailer remained in the front yard and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.15.
  • January 8, 2007, the zone officer did a re-inspection and found trash and debris remained on the property and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.23.
  • February 24, 2014, it was discovered per another case, CE2010030080, the trailer and the trash and debris was no longer on the property, and the fines were stopped as of March 19, 2010, on Sections 703.2.15 and 703.2.23.  The fines totaled $87,700.00 and $89,275.00 respectively.
  • February 26 2014, Code Enforcement received an e-mail from Robert Young, the listing agent for Wells Fargo, the new owners of this property, requesting a possible fine reduction on this case.
  • March 7, 2014, Code Enforcement received an e-mail from Sue King, Code Mitigation Escrow Processor for DataQuick Title, now representing this property, requesting information on a possible fine reduction. The Division Manager agreed to satisfy this case and CE2006090715 for a grand total of $3,000, plus $60.00 in recording fees, and Ms. King agreed to this amount.  This case was scheduled to go on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 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 $1,500.00, plus $30 in recording fees.

CE2006090715

  • September 27, 2006, the Code Enforcement zone officer was informed of a voided permit on a structure that was built.
  • September 28, 2006, it was observed that a structure was built without the required permits on the property in violation of Section 512 (Building Permits) and Section 513 (Certificate of Occupancy/Completion) of the Manatee County Land Development Code.
  • September 29, 2006, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • October 13 ,2006, the zone officer did a re-investigation and found no permit present and scheduled this case to go before the November 22, 2006, Special Magistrate hearing.
  • October 16, 2006, a Notice of Hearing for the September 27, 2006, Special Magistrate was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • November 3, 2006, 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 22, 2006, Special Magistrate hearing.
  • November 22, 2006, the Special Magistrate found in violation of Section 512 and set a compliance date of May 18, 2007, or a minimum fine of $250 and a daily fine of $150 would be imposed, and found in violation of Section 513 and set a compliance date of May 18, 2007, or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • May 21, 2007, the zone officer did a re-inspection and found that the structure remained erected without a new permit or the old permit re-opened and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Sections 512 and 513.
  • October 9, 2013, it was discovered per another case, CE2013050095, that the walls were removed and just the slab remained, which was acceptable, as long as no one built on the slab without an engineer and inspection approval.
  • April 8, 2014, the fines were stopped as of November 21, 2008, the sale of the property, for Section 512 and 513.  The fines totaled $83,050.00 and $55,350.00 respectively.
  • March 7, 2014, Code Enforcement received an e-mail from Sue King, Code Mitigation Escrow Processor for DataQuick Title, now representing this property, requesting information on a possible fine reduction. The Division Manager agreed to satisfy this case and CE2006080658 for a grand total of $3,000, plus $60.00 in recording fees, and Ms. King agreed to this amount.  This case was scheduled to go on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 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 $1,500.00, plus $30 in recording fees.


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 6-17-2014 Antoine.pdf