www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 25, 2014
REVISED March 25, 2014 - Regular Meeting
Agenda Item #19


Subject
Thomas E. Kevelighan Jr, Code Enforcement Case No. CE2010010618

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $5,725.00 (as previously recommended by the Special Magistrate on February 26, 2014), 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 $44,950.00 for CE2010010618.

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. CE2010010618 against Thomas E. Kevelighan Jr. regarding property located at 7507 24th Avenue West, Bradenton (DP#3914300607):

  • January 27, 2010, the Code Enforcement zone officer observed numerous vehicles with no tags, expired tags, and/or that appeared inoperable.
  • January 29, 2010, the zone officer cited the property owner for a Repeat Violation for junk vehicles (including but not limited to eight vehicles with no tags, expired tags, and/or inoperative) on the property in violation of Section 703.2.23 (Parking or Storage of Junk Vehicles or Refuse Prohibited) of the Manatee County Land Development Code.
  • February 3, 2010, a Repeat Letter of Violation along with a Notice of Hearing for the March 10, 2010, Code Enforcement Board hearing was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • March 4, 2010, a Repeat Letter of Violation and Notice of Hearing for the April 14, 2010, Code Enforcement Board hearing was sent out certified mail to the property owner and the envelope was returned to Code Enforcement unclaimed.
  • April 2, 2010, 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 April 14, 2010, Code Enforcement Board hearing.
  • April 14, 2010, the Code Enforcement Board found in violation of Section 703.2.23 as a Repeat Violation and set a compliance date of May 7, 2010, or a minimum fine of $150 and a daily fine of $100 would be imposed for every day the violation exists and repeats.
  • May 10, 2010, the zone officer did a re-inspection and found the junk vehicles were still on the property and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.23.
  • January 15, 2014, the fines were stopped as of July 30, 2011, which is the date a Lis Pendens was filed. The fines totaled $44,950.00.
  • February 7, 2014, Code Enforcement received an e-mail from Frank Gomez, the attorney representing Liberty Savings Bank, requesting a fine reduction and offering $5,725.00, and the Division Manager placed this on the February 26, 2014, Old Business Special Magistrate.
  • February 26, 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 $5,725.00, plus recording fees, 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 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 3-25-2014 Kevelighan.pdf