www.mymanatee.org
Bradenton Area Convention Center One Haben Boulevard, Palmetto - Longboat Key Room 9:00 a.m. - August 11, 2020
August 11, 2020 - Regular Meeting
Agenda Item #13


Subject
Reduction of Code Enforcement Fines for Barbara K Pauley, Case No. CE2001110115

Briefings
None

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

Action Requested
Motion to reduce the fines for this case to $500.00 plus $16.00 recording fees, as previously recommended by the Special Magistrate on July 22, 2020, subject to the following conditions:
  1. The reduced fine shall be paid within 90 days or will revert to the original fine amount of $35,861.00.
  2. Recording fees shall be paid which total $16.00.
  3. Building and Development Services Director is authorized to sign Satisfaction of Lien if the reduced fine is paid.


Enabling/Regulating Authority
Section 162.09, Florida Statutes
Section 2-7-27, Code of Ordinances


Background Discussion

The owner, Barbara K. Pauley, was cited for the repeat offenses of having restricted vehicles and commercial vehicles on her property. Ms. Pauley states that she was unaware of the fines as her ex-husband of fifteen years was responsible for the property. She became aware of the fines in 2018 and immediately contacted an Attorney to help her understand the lien.  Unfortunately, the Attorney passed away before he could help Ms. Pauley.  Her only source of income is Social Security as she has recently lost her job due to COVID.  She respectfully requests that the fine be mitigated.

Violations:  Repeat offenses of Section 703.2.14 and 703.2.15 of the Code of Ordinances.

History:

  1. Notice of Violation was issued on November 9, 2001.
  2. The Special Magistrate Hearing was held January 23, 2002.  The property owner was ordered to comply on or before January 23, 2002 as this was a Finding of Fact case, whereas fines were immediately started.  A minimum fine of $75.00 per violation and a fine of $70.00 per day per violation was imposed for each of the violations.
  3. Complied:  December 15, 2003
  4. The Special Magistrate Mitigation hearing was held July 22, 2020.  The Magistrate determined that justification exists to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amount to $500.00 to settle this case.  Staff supports this recommendation.


County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records

Please email approval to:

jeffrey.bowman@mymanatee.org
robin.dyer@mymanatee.org



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  BOCC Attachments CE2001110115 Barbara K Pauley.pdf