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 #32


Subject
James M. Wall, Code Enforcement Case Number CE2004070535

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $10,000.00 (as previously recommended by the Special Magistrate on April 23, 2014), subject to the following conditions:

  1. The reduced fines shall be paid from the surplus funds once they are released from the clerk's office to Mr. Wall, or will revert back to the original fine amount of $237,685.00 for CE2004070535.
  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. CE2004070535 against James M. Wall regarding property located at 8607 Cortez Road West, Bradenton (DP#7664500001):

  • July 26, 2004, Code Enforcement received a complaint regarding boat sales and boat repairs going on at this location.
  • July 30, 2004, the Code Enforcement zone officer observed boat sales and boat repair work being done and cited the property owners for operating a boat sales and repair facility without the required Administrative Permit in violation of Section 506 (Administrative Permits) of the Manatee County Land Development Code.
  • August 2, 2004, a Letter of Violation was sent out certified mail to the property owner and was signed by an illegible signature on August 7, 2004.
  • August 26, 2004, the zone officer did a re-investigation and found the property still in violation.  Because a pre-app meeting was also being worked on, the zone officer scheduled this case to go before the October 27, 2004, Special Magistrate hearing.
  • August 27, 2004, a Notice of Hearing for the October 27, 2004, Special Magistrate was sent out certified mail to the property owner and was signed by Marie Bradshaw on August 31, 2004.
  • October 13, 2004, Mr. Wall and Marie Bradshaw, the engineer for the property owner, had a pre-app meeting with the Planning Department and this case was continued to the November 24, 2004, and then the January 25, 2005, Special Magistrate hearing.
  • November 24, 2004, a Notice of Hearing for the January 25, 2005, Special Magistrate was sent out certified mail to the property owner and was signed by Marie Bradshaw on December 1, 2004, and Mr. Wall on December 6, 2004.
  • January 26, 2005, the Special Magistrate found in violation of Section 506 and set a compliance date of February 18, 2005, or a minimum fine of $85 and a daily fine of $80 would be imposed.
  • February 15, 2005, the required site plan was submitted for site plan review for the Administrative Permit.
  • February 22, 2005, the application was deemed complete and was ready to go through the appropriate channels.
  • July 1, 2005, the zone officer scheduled this case to go back to the July 27, 2005, Special Magistrate Old Business to have the fines re-imposed.
  • July 27, 2005, the Special Magistrate extended the compliance date to August 19, 2005, and ordered an update at the August 24, 2005, Special Magistrate hearing. (The August hearing was cancelled and this was forwarded to the September 28, 2005, Special Magistrate hearing.)
  • September 28, 2005, The Special Magistrate ordered the compliance date extended to October 26, 2005, and brought back to the October 26, 2005, Special Magistrate.
  • October 26, 2005, the Special Magistrate ordered a new compliance date to November 18, 2005, or the previously ordered fines would be imposed.
  • November 21, 2005, the zone officer did a re-inspection and spoke with the Planning Department who stated the property was not close to compliance and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 506.
  • January 6, 2014, the property was sold at a tax deed sale and the fines, which totaled $237,685.00, were stopped as of that date.
  • January 30, 2014, Code Enforcement submitted a Statement of Claim for Surplus Proceeds from the Tax Deed Sale to the Clerk of the Circuit Court.
  • February 13, 2014, Code Enforcement received a letter from the Clerk of the Circuit Court stating they were unable to make a clear determination for the disbursement of the surplus funds as there appeared to be lien holders with superior claims. The file was referred to Attorney Ed Mulock's office requesting the Court for declaratory determination and direction.
  • April 14, 2014, Code Enforcement received an e-mail from Ryan L. Snyder, Esq., representing Pallardy LLC, the new property owner. They requested a possible fine reduction. The Division Manager accepted their offer of $10,000.00, plus recording fees of $20.00, and this case was scheduled for the Special Magistrate hearing on April 23, 2014.
  • 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 $10,000.00.


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 6-17-14 Wall.pdf