www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 4, 2013
REVISED June 4, 2013 - Regular Meeting
Agenda Item #10


Subject
Mark W. and Susan B. Stewart, Case No. CE2011060241

Briefings
None

Contact and/or Presenter Information

Joe Fenton, Division Manager, Ext. 6854



Action Requested

Motion to reduce the fines for this case to $1,500.00, (as previously recommended by the Special Magistrate on April 24, 2013), 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 $50,500.00 for CE2011060241.

2.  Recording fees need to be collected, which total $30.00.

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. CE2011060241 against Mark W. and Susan B. Stewart regarding property located at 1307 64th Street NW, Bradenton (DP#3071211258):

  • June 8, 2011, Code Enforcement received a complaint about a tiki hut being built in the rear yard without permits.
  • June 10, 2011, the zone officer cited the property owner for building a structure without the required building permit and/or Certificate of Occupancy/Completion in the back yard 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.
  • June 13, 2011, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • June 29, 2011, the zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the July 27, 2011, Special Magistrate hearing.
  • July 7, 2011, a Notice of Hearing for the July 27, 2011, Special Magistrate was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • July 13, 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 July 27, 2011, Special Magistrate hearing.
  • July 18, 2011, the property owner contacted the zone officer after talking with the Building Department about how to bring the structure into compliance and the officer removed this case from the July hearing.
  • August 30, 2011, the property is still not in compliance and the zone officer scheduled this case for the October 26, 2011, Special  Magistrate hearing, which the envelope was returned back to Code Enforcement unclaimed.
  • October 14, 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 October 26, 2011, Special Magistrate hearing.
  • October 26, 2011, the Special Magistrate found in violation of Sections 512.1 and 513.1 and set a compliance date of November 18, 2011, or a minimum fine of $100 and a daily fine of $50 would be imposed for each section.
  • November 21, 2011, the zone officer did a re-inspection and found no permit or certificate of occupancy on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Sections 512.1 and 513.1.
  • April 9, 2013, the zone officer found the property to be in compliance and stopped the fines as of April 5, 2013, on Sections 512.1 and 513.1. The fines totaled $50,500.00 for both sections together.
  • April 12, 2013, Code Enforcement received an e-mail from the new owner requesting this fine be rescinded and the Division Manager placed this on the April 24, 2013, Old Business Special Magistrate.
  • April 24, 2013, 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, which staff supported. (The respondent accepted the recommendation.)


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 6-4-2013 Stewart.pdf