www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 19, 2013
REVISED November 19, 2013 - Regular Meeting
Agenda Item #9


Subject
Federal National Mortgage Association (fka Jacque L. Allen) Case No. CE2011070121

Briefings
None

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

Action Requested

Motion to reduce the fines for this case to $8,232.50 (as previously recommended by the Special Magistrate on October 23, 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 $82,325.00 for CE2011070121.

2.  Recording fees need to be collected, which total $40.00.

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. CE2011070121 against Federal National Mortgage Association (fka Jacque L. Allen) regarding property located at 23555 Jennings Road, Myakka (DP#294210158):

  • July 7, 2011, Code Enforcement received a complaint from the Building Department about voided Permit #03030871 for work on a pool and patio without permits.
  • August 2, 2011, the zone officer cited the property owner for installing a swimming pool without the required permits or certificate of occupancy/completion 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.
  • August 5, 2011, a Letter of Violation was sent out certified mail to the property owner, and the envelope was returned back to Code Enforcement unclaimed.
  • November 3, 2011, the new zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the November 23, 2011, Special Magistrate hearing.
  • November 4, 2011, a Notice of Hearing for the November 23, 2011, Special Magistrate was sent out certified mail to the property owner, and the envelope was returned back to Code Enforcement unclaimed.
  • November 10, 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 November 23, 2011, Special Magistrate hearing.
  • November 23, 2011, the Special Magistrate found in violation and set a compliance date of February 17, 2012, or a minimum fine of $100 and a daily fine of $75 would be imposed for Section 512.1, and set a compliance date of May 18, 2012, or a minimum fine of $100 and a daily fine of $75 would be imposed for Section 513.1.
  • February 29, 2011, 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.
  • July 27, 2012, 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.
  • August 16, 2013, Code Enforcement started receiving e-mails from the realtor requesting this fine be reduced. It was explained that the property would need to be brought into compliance before this could be scheduled for a hearing to discuss a fine reduction.
  • October 3, 2013, the Division Manager stopped the fines on Sections 512.1 and 513.1, the date the Certificate of Completion was issued.  The fines totaled $82,325.00 for both sections together.
  • October 4, 2013, Code Enforcement received an e-mail from the realtor, who requested this fine be reduced and the Division Manager placed this on the October 23, 2013, Old Business Special Magistrate.
  • October 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 10%, which is $8,232.50, which staff supported. (The respondent's representative 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 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 11-19-13 Federal.pdf