www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 18, 2014
November 18, 2014 - Regular Meeting
Agenda Item #19


Subject
Ida M. Pavioni and Janice Fendel, Code Enforcement Case No. CE2011070198

Briefings
None

Contact and/or Presenter Information
Jeff Bowman, Division Chief, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $4,500.00 (as previously recommended by the Special Magistrate on October 22, 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 $58,000.00 for CE2011070198.

2.  Recording fees need to be collected, which total $30.00.

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 (2014)

Background Discussion

Below is a summary of Code Enforcement Case No. CE2011070198 against Ida M. Pavioni and Janice Fendel regarding property located at 3107 35th Avenue West, Bradenton (DP#5040710203):

  • July 12, 2011, Code Enforcement received an anonymous telephone call about work that was done without permits and possible zoning issues.
  • July 19, 2011, one of the property owners notified the zone officer she would meet him on site on July 20, 2011.
  • July 28, 2011,  the zone officer observed that a single family residence was converted into a duplex along with two storage sheds that were converted into apartments that now include electric and plumbing, without the required permits and the certificate of occupancy in violation of Section 512.1 (Building Permits - Purpose and Applicability) and Section 513.1 (Certificate of Occupancy/Completion - Purpose and Effect) of the Manatee County Land Development Code.
  • August 1, 2011, a Letter of Violation was sent out certified mail to the property owners and it was returned back to Code Enforcement signed by Ida Pavioni on August 4, 2011.
  • August 16, 2011, the zone officer did a re-investigation and found no permits present and scheduled this case to go before the September 28, 2011, Special Magistrate hearing.
  • August 18, 2011, a Notice of Hearing for the September 28, 2011, Special Magistrate was sent out certified mail to the property owners and it was returned back to Code Enforcement signed by Janice M. Fendel on August 24, 2011.
  • September 28, 2011, the Special Magistrate found the respondent to be in violation of Section 512.1 and set a compliance date of October 21, 2011, or a minimum fine of $100 and a daily fine of $50 would be imposed, and found in violation of Section 513.1 and set a compliance date of October 21, 2011, or a minimum fine of $100 and a daily fine of $50 would be imposed.
  • October 24, 2011, the zone officer did a re-inspection and found that the property was still in violation and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Sections 512.1 and 513.1.
  • December 13, 2013, the previous Division Chief stopped the fines due to a foreclosure and sale of the property, which was May 22, 2013. The fines totaled $58,000.00 collectively for both violations.
  • December 17, 2013, the zone officer did a re-inspection and found the extra additions had been removed and the property was now in compliance.
  • September 22, 2014, Michael Russell, an attorney with The Solomon Law Group, and the representative for the new property owner, AS Odysseus LLC, sent an e-mail to the new Division Chief and offered $4,500.00 towards a fine reduction.  The Division Chief accepted this offer and this case was scheduled to go to the October 22, 2014, Old Business Special Magistrate hearing.
  • October 22, 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 $4,500.00, 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 11-18-2014 Pavioni.pdf