www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 25, 2014
REVISED February 25, 2014 - Regular Meeting
Agenda Item #9


Subject
Sandra Checca and Barry Byrd, Code Enforcement Case No. CE2009010116

Briefings
None

Contact and/or Presenter Information
Joe Fenton, Division Manager, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $2,300.00 (as previously recommended by the Special Magistrate on January 22, 2014), subject to the following conditions:

1.  The reduced fines shall be paid within 30 days or will revert back to the original fine amount of $4,600.00 for CE2009010116.

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 (2009)

Background Discussion

Below is a summary of Code Enforcement Case No. CE2009010116 against Sandra Checca and Barry Byrd regarding property located at 3203 Bay Drive, Bradenton (DP#6305700004):

  • January 8, 2009, the Code Enforcement zone officer observed construction debris and other miscellaneous items.
  • January 9, 2009, the zone officer cited the property owner for trash and debris (construction debris and other miscellaneous items) on the property in violation of Section 703.2.23.1 (Refuse Prohibited) of the Manatee County Land Development Code.
  • January 12, 2009, a Letter of Violation was sent out certified mail to the property owner and the green card was signed on January 16, 2009, by an unknown signature and was returned back to Code Enforcement.
  • January 30, 2009, the zone officer did a re-investigation and found the property to still be in violation and scheduled this case to go before the February 25, 2009, Special Magistrate hearing.
  • February 5, 2009, a Notice of Hearing for the February 25, 2009, Special Magistrate was sent out certified mail to the property owner and the green card was signed on February 11, 2009, by an unknown signature and was returned back to Code Enforcement.
  • February 25, 2009, the Special Magistrate found in violation of Section 703.2.23.1 and set a compliance date of March 20, 2009, or a minimum fine of $100 and a daily fine of $75 would be imposed.
  • March 26, 2009, the zone officer did a re-inspection and found the trash and construction debris still on site and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.23.1.
  • May 20, 2009, the zone officer found the property to be in compliance and the fines were stopped as of that date for Section 703.2.23.1.  The fines totaled $4,600.00.
  • December 5, 2013, Code Enforcement received an e-mail from Pittman Law Firm, representing the buyer/seller.  Per an earlier telephone call with the Division Manager, who recommended a reduction to 50%, which would be $2,300.00 plus recording fees of $20.00, he placed this on the January 22, 2014, Old Business Special Magistrate.
  • January 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 $2,300.00, which staff supported.


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 2-25-2014 Checca.pdf