www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 27, 2016
September 27, 2016 - Regular Meeting
Agenda Item #14


Subject
Reduction of Code Enforcement Fines for Donald Walter Tropila, Anthony and Robert Michael Tropila PIN#4736000003 - Address: 2619 6th St E, Bradenton, FL. 34208

Briefings
None

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

Action Requested

Motion to reduce the fines for case numbers CE1991040270 and CE2015050224 totaling $68,290.00, to be reduced to $2,000.00 (as previously recommended by the Special Magistrate on August 24, 2016), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amounts of $21,340.00 for case number CE1991040270, $46,950.00 for case number CE2015050224.
  2. Recording fees need to be collected, which total $110.00.
  3. Building and Development Services Department Director is authorized to sign satisfactions of liens if reduced fines are paid.


Enabling/Regulating Authority

Section 162.09, Florida Statutes



Background Discussion

Anthony Tropila is seeking a fine reduction and has spent approximately $5,200.00 dollars demolishing the home and cleaning up the property. Per Anthony, his father was very depressed since 1967 when he lost his first born son and subsequently lost additional family members. His father also suffered a stroke in 1992 and was partially paralyzed and lost his speech ability. Anthony and his brother (who passed in 2012) inherited this property from their father who passed in 2009. Anthony, who did not know about the running fines and lives in New Jersey, immediately contacted us when a friend who went by the home saw a notice on the front door from Code Enforcement. He then worked diligently to clean up the property. 

Below is a brief synopsis regarding the case history:

  1. Violation: Structure in disrepair, trash and debris, and a junk vehicle on the property.
  2. Notice of Violations issued:
    1. CE1991040270 on 05/04/1991
    2. CE2015050224 on 05/11/2015
  3. Special Magistrate Hearing:
    1. CE1991040270 on 01/07/92 - ordered to comply or a $150.00 fine plus $5.00 per day would be imposed.
    2. CE2015050224 on 07/22/15 - ordered to comply or a $75.00 per day fine per section would be imposed.
  4. Complied:
    1. CE1991040270 on 05/14/2003 - 4268 days
    2. CE2015050224 on 07/28/2016 - 313 days
  5. Fines for both cases total $68,290.00 plus $110.00 in recording fees.
  6. Property owner offered a total of $2,000.00 plus the $110.00 recording fees to settle both cases.
  7. Special Magistrate Mitigation hearing August 24, 2016.  The Magistrate determined that justification exists to reduce the total fine amounts and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amounts totaling $68,290.00 to $2,000.00 plus $110.00 recording fees to settle both cases.

Staff supports the recommendation to reduce the fine amounts.



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 Vicki Gipson (vicki.gipson@mymanatee.org) in the Code Enforcement Division following deposition.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  2016-9-27 Tropila CE1991040270 & CE2015050244.pdf