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 #15


Subject
Reduction of Code Enforcement Fines for Edward H. Balian, Case No. CE2016120336

Briefings
None

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

Action Requested
Motion to reduce the fines for this case to $1,000.00 plus $28.50 in 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 $78,703.50.
  2. Recording fees shall be paid which total $28.50
  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, Edward H. Balian, was cited for the construction of living quarters in a commercially zoned property as well as electrical work performed without the required Building Permits. The tenant at this location performed the work without Mr. Balian's knowledge.  He tried to work with the tenant to no avail.  Mr. Balian incurred the costs and went through two contractors to bring the property into compliance.  Mr. Balian is respectfully requesting that the fine be mitigated.

Violation:  Section 310.3 of the Land Development Code

History:

  1. Notice of Violation was issued December 15, 2016
  2. The Special Magistrate Hearing was held on February 22, 2017.  The property owner was ordered to comply on or before March 17, 2017 or a fine of $75 per day would be imposed.
  3. Complied:  January 29, 2020
  4. The Special Magistrate Mitigation Hearing was held on 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 $1,000.00 plus $28.50 in recording fee.  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 send 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 Edward H. Balian Case CE2016120336.pdf