www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 7, 2017
REVISED November 7, 2017 - Regular Meeting
Agenda Item #23


Subject
Reduction of Code Enforcement Fines for Elizabeth J Friess, Code Enforcement Case Number CE2015050347 - 3403 15th Avenue West, Bradenton

Briefings
None

Contact and/or Presenter Information
Jeff Bowman, Division Chief, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $1,000.00 (as previously recommended by the Special Magistrate on September 27, 2017), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amount of  $129,600 for CE2015050347.
  2. Recording fees need to be collected, which total $80.00.
  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

Background Discussion

Kevin R & Vicki E Lausman Revocable Trust, the current property owners, purchased the property at a foreclosure sale on June 13, 2017, and are seeking a fine reduction.  Their total rehabilitation cost is $104,624.71, which includes compliance of outstanding violations.

The fines were the result of the original property owner, Elizabeth Friess passing away and squatters occupying the home. Staff worked with the bank to have the squatters removed.

Manatee County's Motion for Distribution of Surplus Funds was denied on August 1, 2017.  Bank of America's Motion for Surplus Funds was granted.  The second mortgage lien amount was greater than the amount of surplus funds held, therefore, no monies could be applied to the code enforcement liens.

Violations: 

  1. 2-9-106(A)(1) Structural Standards - Structure not connected to water systems
  2. 2-9-106(a)(3) - Structural Standards - Structure not connected to approved electrical system
  3. 2-9-107(c)(1) - Swimming Pools, Hot Tubs and Spas - Swimming pool is not maintained in a clean, safe and sanitary condition
  4. 2-9-107(c)(2) - Swimming Pools, Hot Tubs and Spas - swimming pool is not maintained in working order

History:

  1. Notice of Violation issued May 22, 2015.
  2. Special Magistrate  Hearing was held on July 22, 2015 - Ordered to comply by August 21, 2015, or a fine of $75 per day per violation would be imposed.
  3. Compliance date was October 27, 2016. 
  4. Fines for the case total $129,600.00 plus $80.00 recording fees.

Special Magistrate Mitigation hearing was held on September 27, 2017.  The Magistrate determined that justification exists to reduce the total fine amount and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amount which totals $129,600.00 to $1,000.00 plus $80 recording fees to settle the case.  Staff recommends approval. 



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 Robin J Dyer (robin.dyer@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 - November 7, 2017 - Elizabeth J Friess CE2015050347.pdf