www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 7, 2014
October 7, 2014 - Regular Meeting
Agenda Item #14


Subject
Eli J. and Marylin J. Schwartz, Code Enforcement Case No. CE2008020205

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $1,800.00 (as previously recommended by the Special Magistrate on July 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 $184,700.00 for CE2008020205.
  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. CE2008020205 against Eli J. and Marylin J. Schwartz regarding property located at 3516 39th Street East, Bradenton (DP#1545420000):

  • February 13, 2008, the Code Enforcement zone officer was informed of work that was performed without permits.
  • February 14, 2008, it was observed that a carport had been enclosed without the required building permits and Certificate of Occupancy/Completion on the property in violation of Section 512 (Building Permits) and Section 513 (Certificate of Occupancy/Completion) of the Manatee County Land Development Code.
  • February 15, 2008, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • March 10, 2008, the zone officer did a re-inspection and found no permit application had been submitted and scheduled this case to go before the April 23, 2008, Special Magistrate hearing.
  • March 12, 2008, a Notice of Hearing for the April 23, 2008, Special Magistrate was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • April 10, 2008, the zone officer hand served the property owner with a Letter of Violation and Notice of Hearing for the April 23, 2008, Special Magistrate hearing.
  • April 15, 2008, the zone officer continued this case to the June 25, 2008, Special Magistrate hearing after contact was made with the engineer and plans were dropped off by the property owner.
  • June 11, 2008, the zone officer continued this case to the August 27, 2008, Special Magistrate hearing.
  • August 20, 2008, Permit Number 08080574 was applied for and this case was put on hold a few times.  The owner was continuing to work on the problems and getting in contact with the health department.
  • June 10, 2010, Dan Melli, the tenant, was handserved a hearing notice for Special Magistrate on June 23, 2010.
  • June 23, 2010, the Special Magistrate found the respondent in violation of Section 512 and set a compliance date of July 23, 2010, or a minimum fine of $150 and a daily fine of $100 would be imposed, and found in violation of Section 513 and set a compliance date of January 21, 2011, or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • July 26, 2010, the zone officer did a re-inspection and found that the carport remained enclosed without the required building permit and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.
  • January 25, 2011, the zone officer did a re-inspection and found no certificate of occupancy/completion and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.
  • May 9, 2013, staff started to receive a few lien search requests on this address from various parties.
  • October 17, 2013, it was discovered the property was foreclosed on and had a new bank owner, so fines were stopped as of May 2, 2013.  The fines totaled $184,700.00.
  • November 2013, the new possible owner met with Division Manager Joe Fenton who agreed to support a fine reduction offer of $1,800.00.
  • May 27, 2014, Building Permit #08080574, which was modified to enclose the carport, had a certificate of occupancy/completion issued, bringing this violation into compliance.
  • May 30, 2014, the new property owner, Troy Blunden, sent an e-mail to C.J. Dupre, the Building Official, who was overseeing Code Enforcement at the time, and on June 2, 2014, Code Enforcement Officer Tom Wooten, after being consulted by Mr. Dupre, e-mailed Mr. Blunden back and stated the $1,800.00 would still be accepted. Mr. Blunden wrote back asking if he could come in and pay that amount right then or what the next step was to be taken.
  • June 5, 2014, office staff e-mailed Mr. Blunden explaining what the procedure was from this point to start the process to request the fine reduction, and this case was scheduled to go to the July 23, 2014, Old Business Special Magistrate.
  • July 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 $1,800.00, 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 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 10-7-2014 Schwartz.pdf