www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 18, 2013
REVISED June 18, 2013 - Regular Meeting
Agenda Item #20


Subject
Karla Salgado, Code No. CE2012120470

Briefings
None

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

Action Requested

Motion to rescind the Order Imposing Fine (as previously recommended by the Special Magistrate on May 22, 2013), subject to the following conditions:

1.  Recording fees of $20.00 will be waived.

2.  Building and Development Services Department Director is authorized to sign the releases of liens if the Order Imposing Fine is rescinded.


 



Enabling/Regulating Authority

Section 162.09, Florida Statutes (2009)



Background Discussion

Below is a summary of Code Enforcement Case No. CE2012120470 against Karla Salgado regarding property located at 5706 15th Street East, Bradenton (DP#11080718):

  • December 26, 2012, Code Enforcement received a complaint from the Building Department about Voided Permit #11080718.
  • January 4, 2013, the zone officer cited the property owner for doing interior renovations and plumbing work without the required building permit and/or Certificate of Occupancy/Completion (Permit #11080718 was voided) on the property in violation of Section 512.1 (Building Permits - Purpose and Applicability) and Section 513.1 (Certificate of Occupancy/Completion - Purpose and Effect) of the Manatee County Land Development Code.
  • January 8, 2013, a Letter of Violation was sent out certified mail to the property owner and the letter was received on January 16, 2013, and signed by an illegible signature.
  • January 25, 2013, 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 27, 2013, Special Magistrate hearing.
  • January 30, 2013, a Notice of Hearing for the February 27, 2013, Special Magistrate was sent out certified mail to the property owner and the letter was never signed for.
  • February 13, 2013, 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 February 27, 2013, Special Magistrate hearing.
  • February 27, 2013, the Special Magistrate found in violation and set a compliance date of March 22, 2013 for Section 512.1 and April 19, 2013 for Section 513.1 or a minimum fine of $100 and a daily fine of $75 would be imposed for each section.
  • March 27, 2013, the zone officer did a re-inspection and found no permit on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.1.
  • April 22, 2013, the zone officer did a re-inspection and found no certificate of occupancy on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.1.
  • April 22, 2013, the zone officer discovered the property owner did have a valid permit (Permit #11080718 was re-opened on March 13, 2013, which met the compliance date) and fines should have never started on Section 512.1, and scheduled this case for May 22, 2013, Special Magistrate Old Business to have the Order Imposing Fine rescinded on Section 512.1 only.
  • May 22, 2013, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners to rescind the Order Imposing Fine for Section 512.1. (Note: Fines continued to accrue for Section 513.1 until May 31, 2013, which is when the permit was closed and complying Section 513.1. The fines total $3,195.00 for Section 513.1).


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 Administrative Specialist Laurie Menard (laurie.menard@mymanatee.org) in 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 6-18-2013 Salgado.pdf