Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - August 13, 2013
August 13, 2013 - Regular Meeting
Agenda Item #7

Isabel G. and Gina A. Caballero, Code No. CE2004040045


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

Action Requested

Motion to reduce the fines for this case to $1,125.00, (as previously recommended by the Special Magistrate on July 24, 2013), 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 $11,250.00 for CE2004040045.

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. CE2004040045 against Isabel G. and Gina A. Caballero, regarding property located at 909 Lemonwood Avenue, Bradenton (DP#5385200000):

  • April 6, 2004, Code Enforcement received a complaint about a lanai being enclosed without permits.
  • April 8, 2004, the zone officer cited the property owner for enclosing a room on the rear of the structure without the required building permit on the property in violation of Section 512 (Building Permits) of the Manatee County Land Development Code.
  • April 9, 2004, a Letter of Violation was sent out certified mail to the property owner and the letter was signed for on April 13, 2004, by Gina Caballero.
  • May 4, 2004, the zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the May 26, 2004, Special Magistrate hearing.
  • May 6, 2004, a Notice of Hearing for the May 26, 2004, Special Magistrate was sent out certified mail to the property owner and the letter was signed for on May 12, 2004, by Julina Caballero.
  • May 26, 2004, the Special Magistrate found in violation of Section 512 and set a compliance date of June 18, 2004, or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • June 23, 2004, the zone officer did a re-inspection and found no permit on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.
  • October 13, 2004, the zone officer found the property to be in compliance (the room was removed) and stopped the fines as of October 8, 2004, on Sections 512. The fine totaled $11,250.00.
  • July 19, 2013, Code Enforcement received an e-mail from the property owner requesting a fine reduction with an offer to pay ten percent of the fine and the Division Manager placed this on the July 24, 2013, Old Business Special Magistrate.
  • July 24, 2013, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $1,125.00, 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 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 8-13-2013 Caballero.pdf