www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 11, 2014
REVISED February 11, 2014 - Regular Meeting
Agenda Item #29


Subject
William T. Barrett Sr, Code Enforcement Cases CE2007100185, CE2007100184, CE2003020538, and CE1995110057

Briefings
None

Contact and/or Presenter Information

Joe Fenton, Division Manager, Ext. 6854



Action Requested

New property owner at 2614 5th Street East, Bradenton, has asked that the Board consider a partial release of liens for this property address. Liens are attached to this property as a result of other properties fined by the decedent who previously owned these properties.  Staff  does not recommend breaking out this parcel and requests that the Board provide direction that the owner/owners settle the fines, which total $214,345.00, before any partial releases are granted.  There are four properties that were in violation but have been complied, which are Code Enforcement Cases CE2007100185, CE2007100184, CE2003020538 and CE1995110057.

The original owner, Mr. William T. Barrett, Sr., has passed away and the new owner of this property is trying to sell the property but is unable with the liens attached from four other properties.



Enabling/Regulating Authority
Section 162.09, Florida Statutes (2010)

Background Discussion
  • On January 24, 1996, the Code Enforcement Special Magistrate of Manatee County, Florida, issued an Order Imposing Fine against William T. Barrett Sr. in Code Enforcement Case No. CE1995110057 for having a commercial vehicle on the property located at 2610 5th Street East, Bradenton. On May 9, 1997, the Order Imposing Fine was 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 William T. Barrett Sr.
  • On May 28, 2003, the Code Enforcement Special Magistrate of Manatee County, Florida, issued an Order Imposing Fine against William T. Barrett Sr. in Code Enforcement Case No. CE2003020538 for having unscreened outdoor storage and junk vehicles on the property located at 406 26th Avenue East, Bradenton. On July 21, 2003, 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 William T. Barrett Sr.
  • On October 9, 2007, the Code Enforcement Division of Manatee County, Florida, cited William T. Barrett Sr. in Code Enforcement Case No. CE2007100184 for overgrown property located at 2601 4th Street East, Bradenton. On May 23, 2008, the Notice of Lien was 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 William T. Barrett Sr.
  • On October 9, 2007, the Code Enforcement Division of Manatee County, Florida, cited William T. Barrett Sr. in Code Enforcement Case No. CE2007100185 for overgrown property located at 2605 4th Street East, Bradenton. On May 23, 2008, the Notice of Lien was 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 William T. Barrett Sr.
  • Keller Williams Realty has informed the Code Enforcement Division that the liens are affecting another property about to be sold, 2614 5th Street East, Bradenton. Anthony W. Barrett and Keller Williams Realty are requesting that Manatee County release the Code Enforcement Special Magistrate liens and the overgrown liens against this property in order to sell. A partial release describing only this parcel would not affect the continuation of the fines imposed as liens against the property in violation.
  • Subsection 162.09(3), Florida Statutes (2010), 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 (2010), 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 will prepare two Partial Releases of Liens which releases the Orders Imposing Fines and the Overgrown Liens as to the parcel of property owned by Anthony W. Barrett, located at 2614 5th Street East, Bradenton, if the Board of County Commissioners grants approval for the partial releases of the liens. The liens created by the Orders Imposing Fines and Overgrown Liens will remain in effect against the four properties in violation (2610 5th Street East, Bradenton; 406 26th Avenue East, Bradenton; 2605 4th Street East, Bradenton; and 2601 4th Street East, Bradenton) and any other real or personal property owned by William T. Barrett Sr.


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

If approved by the Board, record the executed Partial Releases of Liens in Public Records of Manatee County, Florida, under Code Enforcement's accounts receivable number, AR700009.

Return certified copies of recorded Partial Releases of Liens and 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 2-11-2014 Barrett.pdf