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 #34


Subject
Robert E. Keltner, Code Enforcement Case Numbers CE2003110377, CE2003110378, CE2003110380, and CE2006030778

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 four 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 $175,350.00 for CE2003110377, $147,700.00 for CE2003110378,  $147,700.00 for CE2003110380, and $10,150.00 for CE2006030778.
  2. Recording fees need to be collected, which total $40.00 for all four cases.
  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 CE2003110377, CE2003110378, CE2003110380, and CE2006030778 against Robert E. Keltner regarding property located at 1707 17th Street East, Palmetto, DP#1007400003, AND 1711 17th Street East, Palmetto, DP#:1007300005, AND 1715 17th Street East, Palmetto, DP#1007200007, AND 6670 15th Street East, Sarasota, DP#6600010000:

CE2003110377

  • November 20, 2003, the Code Enforcement zone officer observed junk vehicles, outdoor storage, an accessory use on a vacant lot, and no fence permit and cited the property owner for erecting a fence without a permit and for numerous junk vehicles being stored on the vacant property in violation of Section 703.2.22 (Parking or Storage of Junk Vehicles or Refuse Prohibited), Section 512 (Building Permit), Section 602.2, Figure 6-1, Page 426 (Permitted, Administrative and Special Uses by District), and Section 703.1 (Accessory Uses-General Requirements) of the Manatee County Land Development Code.
  • November 24, 2003, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • January 4, 2004, the zone officer did a re-investigation and found the outdoor storage still present and no fence permit and scheduled this case to go before the February 25, 2004, Special Magistrate hearing.
  • January 5, 2004, a Notice of Hearing for the February 25, 2004, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on January 11, 2004.
  • February 19, 2004, the zone officer continued this case to the March 24, 2004, Special Magistrate, due to the property owner having a pre-app and this address being in review with the Planning Department.
  • February 20, 2004, a Notice of Hearing for the March 24, 2004, Special Magistrate was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • March 19, 2004, the zone officer continued this case to the April 28, 2004, Special Magistrate, due to no service on the hearing notice.
  • March 22, 2004, a Notice of Hearing for the April 28, 2004, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on April 12, 2004.
  • November 22, 2006, at the Special Magistrate hearing, the respondent entered a plea of no violation, and this case was forwarded to the May 12, 2004, Code Enforcement Board hearing.
  • May 12, 2004, the Code Enforcement Board found in violation of Section 703.2.22, Section 512, Section 602.2, Figure 6-1, Page 426, and Section 703.1 and set a compliance date of August 6, 2004, or a minimum fine of $150 and a daily fine of $50 would be imposed for all four sections together.
  • August 17, 2004, the zone officer did a re-inspection and found the vehicles remained stored on the property without the required approvals and completed an Affidavit of Non-Compliance to start the fines as previously ordered.
  • September 4, 2012, the zone officer did a re-inspection and found the property remained in violation and the fines continued to run (an  inoperable boat remained on site).
  • March 11, 2014, the zone officer did a re-inspection and found this property in compliance and stopped the fines for all four sections. The fines totaled $175,350.00.
  • April 4, 2014, Code Enforcement received an e-mail from Barry Grooms, the listing agent for ReMax Alliance Group and representing the Estate of Robert E. Keltner, requesting a possible fine reduction on all four cases.  The Division Manager agreed to accept $6,000.00 for all four cases, plus $40 for recording fees, and these four cases were scheduled to go on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 2014, the Special Magistrate found justification existed for these four cases to be referred to the Board of County Commissioners for a recommended fine reduction to $6,000.00, plus $40 in recording fees.

CE2003110378

  • November 20, 2003, the Code Enforcement zone officer observed junk vehicles, outdoor storage, an accessory use on a vacant lot, and no fence permit and cited the property owner for erecting a fence without a permit and for numerous junk vehicles being stored on the vacant property in violation of Section 703.2.22 (Parking or Storage of Junk Vehicles or Refuse Prohibited), Section 512 (Building Permit), Section 602.2, Figure 6-1, Page 426 (Permitted, Administrative and Special Uses by District), and Section 703.1 (Accessory Uses-General Requirements) of the Manatee County Land Development Code.
  • November 24, 2003, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • January 4, 2004, the zone officer did a re-investigation and found the outdoor storage still present and no fence permit and scheduled this case to go before the February 25, 2004, Special Magistrate hearing.
  • January 5, 2004, a Notice of Hearing for the February 25, 2004, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on January 11, 2004.
  • February 19, 2004, the zone officer continued this case to the March 24, 2004, Special Magistrate, due to the property owner having a pre-app and this address being in review with the Planning Department.
  • February 20, 2004, a Notice of Hearing for the March 24, 2004, Special Magistrate was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • March 19, 2004, the zone officer continued this case to the April 28, 2004, Special Magistrate, due to no service on the hearing notice.
  • March 22, 2004, a Notice of Hearing for the April 28, 2004, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on April 12, 2004.
  • November 22, 2006, at the Special Magistrate hearing, the respondent entered a plea of no violation, and this case was forwarded to the May 12, 2004, Code Enforcement Board hearing.
  • May 12, 2004, the Code Enforcement Board found in violation of Section 703.2.22, Section 512, Section 602.2, Figure 6-1, Page 426, and Section 703.1 and set a compliance date of August 6, 2004, or a minimum fine of $150 and a daily fine of $50 would be imposed for all four sections together.
  • August 17, 2004, the zone officer did a re-inspection and found the vehicles remained stored on the property without the required approvals and completed an Affidavit of Non-Compliance to start the fines as previously ordered.
  • September 4, 2012, the zone officer did a re-inspection and found the property in compliance and stopped the fines for all four sections. The fines totaled $147,700.00.
  • April 4, 2014, Code Enforcement received an e-mail from Barry Grooms, the listing agent for ReMax Alliance Group and representing the Estate of Robert E. Keltner, requesting a possible fine reduction on all four cases.  The Division Manager agreed to accept $6,000.00 for all four cases, plus $40 for recording fees, and these four cases were scheduled to go on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 2014, the Special Magistrate found justification existed for these four cases to be referred to the Board of County Commissioners for a recommended fine reduction to $6,000.00, plus $40 in recording fees.

CE2003110380

  • November 20, 2003, the Code Enforcement zone officer observed junk vehicles, outdoor storage, an accessory use on a vacant lot, and no fence permit and cited the property owner for erecting a fence without a permit and numerous junk vehicles being stored on the vacant property in violation of Section 703.2.22 (Parking or Storage of Junk Vehicles or Refuse Prohibited), Section 512 (Building Permit), Section 602.2, Figure 6-1, Page 426 (Permitted, Administrative and Special Uses by District), and Section 703.1 (Accessory Uses-General Requirements) of the Manatee County Land Development Code.
  • November 24, 2003, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • January 4, 2004, the zone officer did a re-investigation and found the outdoor storage still present and no fence permit and scheduled this case to go before the February 25, 2004, Special Magistrate hearing.
  • January 5, 2004, a Notice of Hearing for the February 25, 2004, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on January 11, 2004.
  • February 19, 2004, the zone officer continued this case to the March 24, 2004, Special Magistrate, due to the property owner having a pre-app and this address being in review with the Planning Department.
  • February 20, 2004, a Notice of Hearing for the March 24, 2004, Special Magistrate was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • March 19, 2004, the zone officer continued this case to the April 28, 2004, Special Magistrate, due to no service on the hearing notice.
  • March 22, 2004, a Notice of Hearing for the April 28, 2004, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on April 12, 2004.
  • November 22, 2006, at the Special Magistrate hearing, the respondent entered a plea of no violation, and this case was forwarded to the May 12, 2004, Code Enforcement Board hearing.
  • May 12, 2004, the Code Enforcement Board found in violation of Section 703.2.22, Section 512, Section 602.2, Figure 6-1, Page 426, and Section 703.1 and set a compliance date of August 6, 2004, or a minimum fine of $150 and a daily fine of $50 would be imposed for all four sections together.
  • August 17, 2004, the zone officer did a re-inspection and found the vehicles remained stored on the property without the required approvals and completed an Affidavit of Non-Compliance to start the fines as previously ordered.
  • September 4, 2012, the zone officer did a re-inspection and found the property in compliance and stopped the fines for all four sections. The fines totaled $147,700.00.
  • April 4, 2014, Code Enforcement received an e-mail from Barry Grooms, the listing agent for ReMax Alliance Group and representing the Estate of Robert E. Keltner, requesting a possible fine reduction on all four cases.  The Division Manager agreed to accept $6,000.00 for all four cases, plus $40 for recording fees, and these four cases were scheduled to go on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 2014, the Special Magistrate found justification existed for these four cases to be referred to the Board of County Commissioners for a recommended fine reduction to $6,000.00, plus $40 in recording fees.

CE2006030778

  • March 31, 2006, the Code Enforcement zone officer was informed that work was being done to vacant commercial property without a preliminary site plan in violation of Section 508.2 (Site Plan Types) of the Manatee County Land Development Code.
  • April 3, 2006, a Letter of Violation was sent out certified mail to the property owner and the green card was signed by Robert Keltner on April 7, 2006.
  • April 28, 2006, a Corrected Letter of Violation was sent out certified mail to the property owner and the green card was signed by Robert Keltner on May 16, 2006.
  • May 12, 2006, the zone officer made note the property owner had a pre-app scheduled and this case was re-inspected on July 17, 2006.
  • July 17, 2006, the zone officer did a re-investigation and found the Planning Department had no response back from Mr. Keltner and scheduled this case to go before the August 23, 2006, Special Magistrate hearing.
  • July 18, 2006, a Notice of Hearing for the August 23, 2006, Special Magistrate was sent out certified mail to the property owner and the green card was signed by Robert Keltner on August 14, 2006.
  • August 23, 2006, the Special Magistrate found in violation of Section 508.2 and set a compliance date of September 22, 2006, or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • September 11, 2006, Code Enforcement received a letter from Mr. Keltner stating that he was not in violation and asking for a Motion to Dismiss.
  • September 26, 2006, the zone officer did a re-inspection and found there was no activity on obtaining a site plan and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 508.2.
  • January 1, 2007, the Division Manager stopped the fines due to no activity being observed on site and the property had grown back up.  The fines totaled $10,150.00.
  • April 4, 2014, Code Enforcement received an e-mail from Barry Grooms, the listing agent for ReMax Alliance Group and representing the Estate of Robert E. Keltner, requesting a possible fine reduction on all four cases.  The Division Manager agreed to accept $6,000.00 for all four cases, plus $40 for recording fees, and these four cases were scheduled to go on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 2014, the Special Magistrate found justification existed for these four cases to be referred to the Board of County Commissioners for a recommended fine reduction to $6,000.00, plus $40 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 Keltner.pdf