www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 26, 2016
REVISED April 26, 2016 - Regular Meeting
Agenda Item #16


Subject
Reduction of Code Enforcement Fines for Cecil G Canterbury II and Marty A Canterbury (n/k/a Justin W Mizell), Code Enforcement Case Number CE2014010511

Briefings
None

Contact and/or Presenter Information

Jeff Bowman, Division Chief, Ext. 6854



Action Requested

Motion to reduce the fines for this case to $5,000.00 (as previously recommended by the Special Magistrate on March 23, 2016), 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 $95,925.00 for CE2014010511.
  2. Recording fees need to be collected, which total $40.00.
  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

Code Enforcement Case CE2014010511, 25420 SR 70 E, Myakka City, 34251 (PID #335900403).  Below is a brief synopsis regarding this case:

  1. Violation: An addition had been constructed without the required building permit and certificate of occupancy/completion and the existing permit for the garage had expired. 
  2. Notice of Violation issued 1/28/2014.
  3. Special Magistrate Hearing 4/23/2014. Ordered to comply by 5/23/2014 for Section 512.1 or a fine of $75.00 per day would be imposed; and ordered to comply by 6/20/2014 for Section 513.1 or a fine of $75.00 per day fine would be imposed.
  4. Section 512.1 was complied 3/7/2016. Section 513.1 was complied 3/8/2016.
  5. Total fine $95,925.00 plus $40.00 recording fee.
  6. Property owner offered $5,000.00 plus $40.00 recording fee.
  7. Special Magistrate Mitigation Hearing 3/23/2016. The Magistrate determined that justification exists to reduce the total fine amount and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amount to $5,000.00 plus $40.00 recording fee.

This is a foreclosure property. The new owner brought the property into compliance within approximately four (4) months after purchasing it and paid out approximately $40,000.

  1. 06/27/2013 Notice of Lis Pendens was filed.
  2. 12/10/2014 Certificate of Title was awarded to the plaintiff .
  3. 12/01/2015 Deeded to the current owner.


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 Susan Hunt (susan.hunt@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:  2016-4-26 Canterbury.pdf