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Manatee County Government Administrative Center First Floor, Commissioner Chambers 9:00 a.m. - January 29, 2013
REVISED January 29, 2013 Regular Meeting
Agenda Item #16


Subject
William J. Farrell Case No. CE2011090439

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $1,257.00, (as previously recommended by the Special Magistrate on May 23, 2012), 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 $12,570.00 for CE2011090439.

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. CE2011090439 against respondent William J. Farrell regarding property located at 4129 51st Drive West, Bradenton (DP#5188545858):

  • September 19, 2011, Code Enforcement received a complaint about the pool screen being ripped at the property.
  • September 21, 2011, the zone officer cited the property owner for an unsecured swimming pool in violation of Section 703.2.24.2.6 (Swimming Pool Enclosures and Bath House Requirements) of the Manatee County Land Development Code.
  • September 22, 2011, a Letter of Violation was sent out certified to the property owner and was never returned.
  • October 10, 2011, the zone officer did a re-investigation and found the screens still missing from the pool cage and scheduled this case to go before the October 26, 2011, Special Magistrate hearing.
  • October 11, 2011, a Notice of Hearing for the October 26, 2011, Special Magistrate was sent out certified mail to the property owner and was never returned.
  • November 18, 2011, the zone officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the November 23, 2011, Special Magistrate hearing.
  • November 23, 2011, the Special Magistrate found in violation of Section 703.2.24.2.6 and gave a compliance date of December 23, 2011 or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • December 28, 2011, the zone officer did a re-inspection and found the screens still missing from the pool cage and completed an Affidavit of Non-Compliance to start the fines as ordered.
  • April 26, 2012, the zone officer did a re-inspection and found the screens had been repaired in the pool cage and the property was in compliance and stopped the fines as of that date. The fines totaled $12,570.00.
  • May 4, 2012, the real estate agent handling the sale of the property e-mailed the Division Manager asking for a fine reduction and offering ten percent of the total fines and this case was scheduled for May 23, 2012, Special Magistrate Old Business.
  • May 23, 2012, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $1,257.00, 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 agenda to the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name
None

Amount and Frequency of Recurring Costs
None


Attachment:  BOCC Attachments 11-13-12 Farrell.pdf