www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 7, 2017
REVISED February 7, 2017 - Regular Meeting
Agenda Item #17


Subject
Reduction of Code Enforcement Fines for National Finance Group LLC, PIN 18543410007 - 6429 15th St E and PIN 1853410056 - 6315 15th Street East, Sarasota, FL

Briefings
None

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

Action Requested

Motion to reduce the fines for case numbers CE2013110007 and CE2013110008 totaling $338,400.00, to be reduced to $4,000.00 (as previously recommended by the Special Magistrate on January 25, 2017), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amounts of $172,800.00 for case number CE2013110007 and $165,600.00 for case number CE2013110008.
  2. Recording fees need to be collected, which total $120.00.
  3. Building and Development Services Department Director is authorized to sign satisfactions of liens if reduced fines are paid.


Enabling/Regulating Authority
Section 162.09, Florida Statutes

Background Discussion

The owner of this property is a local used car dealer, doing business in southwest Manatee County for nearly 40 years.  The owner was consistently faced with the illegal dumping of vehicles and other waste on the subject land. Subsequent to receiving the Code Enforcement notice of violation, the owner has diligently worked to correct the matter, while also running the day-to-day operations of his business, where he employs 24 full-time people.  Correcting the violation has cost over $200,000.00, which has been a financial burden that nearly bankrupted the company.

Below is a brief synopsis regarding the case history:

  1. Violation: Junk vehicles, operating a junk yard without approval and violation of the approved final site plan.
  2. Notice of Violations issued and date:
    1. CE2013110007 on 11/01/2013
    2. CE2013110008 on 11/01/2013
  3. Special Magistrate Hearing:
    1. CE2013110007 on  01/22/2014 - ordered to comply or a $150.00 fine per day per violation would be imposed.
    2. CE2013110008 on 01/22/2014 - ordered to comply or a $150.00 fine per day per violation would be imposed.
  4. Complied:
    1. CE2013110007 on 05/08/2015 - 384 days
    2. CE2013110008 on 04/22/2015 - 368 days
  5. Fines for both cases total $338,400.00 plus $120.00 recording fees to settle both cases.
  6. Property owner offered a total of $4,000.00 plus $120.00 recording fees to settle both cases. 
  7. Special Magistrate Mitigation hearing was held on January 25, 2017. The Magistrate determined the justification exists to reduce the total fine amounts and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amounts totaling $338,400.00 to $4,000.00 plus $120.00 recording fees to settle both cases. Code Enforcement staff also recommends such reduction.


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 Vicki Gipson (vicki.gipson@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:  2017-02-07 National Finance Group LLC CE2013110007.pdf
Attachment:  2017-02-07 National Finance Group LLC CE2013110008 .pdf