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 #13


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 approve Partial Release of Lien and authorize Chairman of Board of County Commissioners to execute Partial Release of Lien in Code Enforcement Case No. CE2011070198. 

Motion to authorize Clerk's Office to record Partial Release of Lien in Public Records of Manatee County, Florida.



Enabling/Regulating Authority

Subsection 162.09(3), Florida Statutes (2014)



Background Discussion

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

  • On September 28, 2011, the Code Enforcement Special Magistrate of Manatee County, Florida, issued two Orders Imposing Fines against Ida M. Pavioni and Janice Fendel in Code Enforcement Case No. CE2011070198 for converting a single family residence into a duplex and for converting two sheds into apartments without the required Building Permits and the Certificate of Occupancy/Completion on the property located at 3107 35th Avenue West, Bradenton.
  • On October 28, 2011, the two Orders Imposing Fines were recorded in the Public Records of Manatee County, Florida, as a lien against the land in violation and any real or personal property owned by Ida M. Pavioni and Janice Fendel.
  • Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., representing Madd Dash, Inc., has informed the Code Enforcement Division that the liens are affecting another property about to be sold, 3602 21st Street East, Bradenton. Icard P.A. and Madd Dash, Inc., are requesting that Manatee County release the Code Enforcement Special Magistrate liens against this property in order to sell. A partial release describing only this parcel would not affect the continuation of the fine imposed as a lien against the property in violation.
  • Subsection 162.09(3), Florida Statutes (2014), states: A lien arising from a fine imposed pursuant to this section [162.09] runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. Subsection 162.04(1), Florida Statutes (2014), defines "local governing body" to mean "the governing body of the county . . ." The Board of County Commissioners, as the governing body of Manatee County, Florida, is authorized to execute a satisfaction or release of lien entered by the Manatee County Code Enforcement Special Magistrate.
  • The Code Enforcement Division has prepared a Partial Release of Lien which releases the Orders Imposing Fines as to the parcel of property owned by Ida M. Pavioni and Janice Fendel, located at 3602 21st Street East, Bradenton. The lien created by the Orders Imposing Fines will remain in effect against the property in violation (3107 35th Avenue West, Bradenton) and any other real or personal property owned by Ida M. Pavioni and Janice Fendel.


County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Cooney

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.

Please record the Partial Release of Lien once signed by the Chairman and charge to Code Enforcement, AR700009. Once recorded, please return the original to Laurie Menard in Code Enforcement.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  BOCC Attachments 10-7-2014 Pavioni.pdf