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 #20


Subject
Yanyani LLC, fka Hector M and Heather Sierra, Code Enforcement Case No. CE2006050583

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $4,443.00 (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 $44,430.00 for CE2006050583.

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 (2014)



Background Discussion

The violation is now in compliance and below is a summary of Code Enforcement Case No. CE2006050583 against Yanyani LLC, fka Hector M. and Heather Sierra, regarding property located at 8096 Glenbrooke Lane, Sarasota (DP#2046100554):

  • May 23, 2006, the Code Enforcement zone officer was informed by Glenbrooke Homeowners' Association of work that was done on enclosing a garage without a permit.
  • May 25, 2006, it was observed that the garage had been enclosed without the required permits on the property in violation of Section 512 (Building Permits) of the Manatee County Land Development Code.
  • May 26, 2006, a Letter of Violation was sent out certified mail to the property owners and the green card was returned back to Code Enforcement signed by H. Sierra on May 27, 2006.
  • June 9, 2006, the zone officer did a re-investigation and found no permit present and scheduled this case to go before the July 26, 2006, Special Magistrate hearing.
  • June 12, 2006, a Notice of Hearing for the July 26, 2006, Special Magistrate was sent out certified mail to the property owners and the green card was returned back to Code Enforcement signed by I. Sierra on June 15, 2006.
  • July 25, 2006, staff received a fax from Heather Sierra with a plea of no violation and this case was forwarded to the August 9, 2006, Code Enforcement Board hearing.
  • August 9, 2006, the Special Magistrate found in violation of Section 512 and set a compliance date of November 3, 2006, or a minimum fine of $150 and a daily fine of $20 would be imposed.
  • November 8, 2006, the zone officer did a re-inspection and found that the structure remained enclosed without a permit and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.
  • July 17, 2013, it was discovered that this property changed ownership and the previous Division Chief stopped the fines as of November 26, 2012, the sale date of the property. The fines totaled $44,430.00.
  • September 20, 2013, the previous Division Chief received an e-mail request from Jerry Levin, Levin Law and Mediation, wanting to clear this case up. The Division Chief wrote back that he would accept ten percent of the fine, which is $4,443.00, for a possible fine reduction.
  • February 7, 2014, Permit #14011403 was issued. The Certificate of Completion was issued April 2, 2014. The property is now in compliance.
  • October 2, 2014, staff received a phone call from Mr. Levin, inquiring about how the fine reduction process was going and staff discovered an official offer was never offered, therefore never went before the hearing officer. Staff received an official e-mail explaining the previous e-mails. 
  • October 9, 2014, per the new Division Chief, this was placed on 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 $4,443.00, plus $20 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 Sierra.pdf