Manatee County Government Administrative Center First Floor, Commission Chambers 10:00 a.m. - April 22, 2014
April 22, 2014 - Regular Meeting
Agenda Item #13

Michael D. and Anissa R. Billiter, Code Enforcement Case Number CE2012100079


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

Action Requested

Motion to reduce the fines for this case to $2,992.00 (as previously recommended by the Special Magistrate on March 24, 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 $29,925.00 for CE2012100079.

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. CE2012100079 against Michael D. and Anissa R. Billiter regarding property located at 1121 Hagle Park Road, Bradenton (DP#530600006):

  • October 2, 2012, the Code Enforcement zone officer observed numerous junk vehicles with no tags in the rear yard, and the zone officer cited the property owners for junk vehicles (including, but not limited to, a blue Chevy truck, a red sedan, a primer gray sedan, and a boat) all with no tags, 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.
  • October 8, 2012, a Letter of Violation was sent out certified mail to the property owners and neither the envelope nor the green card were returned back to Code Enforcement.
  • October 26, 2012, the zone officer did a re-investigation and found junk vehicles still present on the property  and scheduled this case to go before the November 28, 2012, Special Magistrate hearing.
  • October 31, 2012, a Notice of Hearing for the November 28, 2012, Special Magistrate was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • November 16, 2012, 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 28, 2012, Special Magistrate hearing.
  • November 28, 2012, the Special Magistrate found in violation of Section 703.2.23 and set a compliance date of January 18, 2013, or a minimum fine of $150 and a daily fine of $75 would be imposed.
  • January 25, 2013, the zone officer did a re-inspection and found the junk vehicles remained in the rear yard and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 703.2.23.
  • February 20, 2014, the zone officer did a re-inspection and found the property was cleaned up and all the junk vehicles had been removed.  The fines were stopped as of February 20, 2014, on Section 703.2.23. The fines totaled $29,925.00.
  • February 25, 2014, Code Enforcement received an e-mail from New House Title LLC, representing the new property owner Freddie Mac, requesting a fine reduction and offering ten percent of the total fine amount.
  • The Division Manager accepted a 10% reduction of the fine, which would be $2,992.00, plus recording fees of $20.00 and placed this on the March 26, 2014, Old Business Special Magistrate.
  • March 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 $2,992.00, which staff supported.

County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other

Reviewing Attorney

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

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments 4-22-2014 Billiter[1].pdf