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Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 26, 2013
REVISED March 26, 2013 - Regular Meeting
Agenda Item #43


Subject
Landwick V. and RSAN Management Land Trust 9 (fka Aurora and John Catterson), Case No. CE2011080028

Briefings
None

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

Action Requested

Accept/reject respondent's request to rescind the fines for this case.

1.  The respondent has requested that the fines be rescinded, which total $50,300.00.

2.  Staff recommends the respondent pay $5,030.00, which is ten percent of the original fine, (as previously recommended by the Special Magistrate on January 23, 2013.

3.  Recording fees need to be collected, which total $20.00.

4.  Building and Development Services Department Director is authorized to sign satisfactions of liens if the fines are rescinded and/or reduced and paid.



Enabling/Regulating Authority

Section 162.09, Florida Statutes (2009)



Background Discussion

Below is a summary of Code Enforcement Case No. CE2011080028 against respondents Landwick V. and RSAN Management Land Trust 9 (fka Aurora and John Catterson) regarding property located at 3412 31st Street East, Bradenton (DP#1544012857):

  • August 1, 2011, Code Enforcement received an anonymous complaint regarding an open and unsecured pool.
  • August 8, 2011, the zone officer cited the property owner for having an unsecured swimming pool (the cage was no longer present) on the property in violation of Section 703.2.24.2.6 (Swimming Pool Enclosures and Bath House Requirements) of the Manatee County Land Development Code.
  • August 9, 2011, a Letter of Violation was sent out certified mail to the property owners and was returned unclaimed.
  • August 26, 2011, the zone officer did a re-investigation and found the property to still be in violation and scheduled this case to go before the September 28, 2011, Special Magistrate hearing.
  • August 30, 2011, a Notice of Hearing for the September 28, 2011, Special Magistrate was sent out certified mail to the property owners and was returned unclaimed.
  • September 12, 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 September 28, 2011, Special Magistrate hearing.
  • September 28, 2011, the Special Magistrate found in violation of Section 703.2.24.2.6 and gave a compliance date of October 21, 2011, or a minimum fine of $200 and a daily fine of $150 would be imposed.
  • October 24, 2011, the officer did a re-inspection and found the swimming pool remained unsecured (no fence or enclosure) and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 703.2.24.2.6.
  • October 4, 2012, staff received an e-mail with an attached invoice from Safe IRA Investments Inc stating a new fence had been bought and erected. The zone officer did another site visit and found a new privacy fence had been erected and stopped the fines as of September 20, 2012, the date of the invoice. The fines totaled $50,300.00.
  • November 8, November 21, and December 18, 2012, the Division Manager received two letters and one e-mail from the representatives of the new property owners asking to have the fines rescinded. Mr. Fenton responded back with an e-mail letting the representatives know they could request from the hearing officer a rescission of all the fines, but that he would be recommending a fine reduction to $5,030.00, which is ten percent of the original fine. This case was then placed on the January 23, 2013, Special Magistrate Old Business.
  • January 23, 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 $5,030.00, which staff recommended and supported. (The representative did not accept staff's 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 Laurie Menard 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 3-26-2013 Landwick.pdf