www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
REVISED June 17, 2014 - Regular Meeting
Agenda Item #33


Subject
Marc E. Mylling and Jhonny S. Mergena, Code Enforcement Case Number CE2005050105

Briefings
None

Contact and/or Presenter Information
CJ Dupre, Building Services Division Manager/County Building Official

Action Requested

Motion to reduce the fines for this case to $1,500.00 (as previously recommended by the Special Magistrate on May 28, 2014), 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 $151,905.00 for CE2005050105.
  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 (2010)

Background Discussion

Below is a summary of Code Enforcement Case No. CE2005050105 against Marc E. Mylling and Jhonny S. Mergena regarding property located at 317 30th Avenue East, Bradenton (DP#4769200059):

  • May 5, 2005, the zone officer observed a maroon mini van that appeared inoperable in the rear yard and cited the property owner for a junk vehicle (including but not limited to a maroon mini van, inoperable) on the property in violation of Section 703.2.22 (Parking or Storage of Junk Vehicles or Refuse Prohibited) of the Manatee County Land Development Code.
  • May 6, 2005, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • June 2, 2005, the zone officer did a re-investigation and found the junk vehicle still on the property and scheduled this case to go before the July 27, 2005, Special Magistrate hearing.
  • June 3, 2005, a Notice of Hearing for the July 27, 2005, Special Magistrate was sent out certified mail to the property owner and the green card was signed by an illegible signature on June 8, 2005.
  • July 27, 2005, the Special Magistrate found in violation of Section 703.2.22 and set a compliance date of August 19, 2005, or a minimum fine of $75 and a daily fine of $70 would be imposed.
  • August 24, 2005, the zone officer did a re-inspection and found two inoperable vehicles remained on site and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.22.
  • September 17, 2013, the zone officer found the property to be in compliance and stopped the fines as of that date for Section 703.2.22. The fines totaled $206,575.00.
  • April 29, 2014, Code Enforcement received an e-mail from Gary Lanier, representing the bank requesting a possible fine reduction. The Division Manager advised Mr. Lanier that staff time/administrative fees would be accepted, which totaled $1,500.00, plus $20.00 in recording fees, and this was accepted by Mr. Lanier.  This case was then placed on the May 28, 2014, Old Business Special Magistrate.
  • May 13, 2014, the Division Manager found a Lis Pendens filed on July 29, 2011, and corrected the stop the fine date to this date.  The fines then totaled $151,905.00.
  • May 28, 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 $1,500.00,  plus $20.00 in recording fees.


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 6-17-14 Mergena.pdf