Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - April 26, 2016
April 26, 2016 - Regular Meeting
Agenda Item #16

Reduction of Code Enforcement Fines for Cecil G Canterbury II and Marty A Canterbury (n/k/a Justin W Mizell), Code Enforcement Case Number CE2014010511


Contact and/or Presenter Information

Jeff Bowman, Division Chief, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $5,000.00 (as previously recommended by the Special Magistrate on March 23, 2016), 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 $95,925.00 for CE2014010511.
  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 (2014)

Background Discussion

Code Enforcement Case CE2014010511, 25420 SR 70 E, Myakka City, 34251 (PID #335900403).  Below is a brief synopsis regarding this case:

  1. Violation: An addition had been constructed without the required building permit and certificate of occupancy/completion and the existing permit for the garage had expired. 
  2. Notice of Violation issued 1/28/2014.
  3. Special Magistrate Hearing 4/23/2014. Ordered to comply by 5/23/2014 for Section 512.1 or a fine of $75.00 per day would be imposed; and ordered to comply by 6/20/2014 for Section 513.1 or a fine of $75.00 per day fine would be imposed.
  4. Section 512.1 was complied 3/7/2016. Section 513.1 was complied 3/8/2016.
  5. Total fine $95,925.00 plus $40.00 recording fee.
  6. Property owner offered $5,000.00 plus $40.00 recording fee.
  7. Special Magistrate Mitigation Hearing 3/23/2016. 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 to $5,000.00 plus $40.00 recording fee.

This is a foreclosure property. The new owner brought the property into compliance within approximately four (4) months after purchasing it and paid out approximately $40,000.

  1. 06/27/2013 Notice of Lis Pendens was filed.
  2. 12/10/2014 Certificate of Title was awarded to the plaintiff .
  3. 12/01/2015 Deeded to the current owner.

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 Susan Hunt (susan.hunt@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  2016-4-26 Canterbury.pdf