|June 18, 2013 - Regular Meeting|
Agenda Item #18
Salvatore and Fifetta Mannino, Code No. CE2005090636
Contact and/or Presenter Information
Joe Fenton, Division Manager, Ext. 6854
Motion to reduce the fines for this case to $2,337.00, (as previously recommended by the Special Magistrate on May 22, 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 $23,370.00 for CE2005090636.
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.
Section 162.09, Florida Statutes (2009)
Below is a summary of Code Enforcement Case No. CE2005090636 against Salvatore and Fifetta Mannino regarding property located at 5907 15th Street East, Bradenton (DP#1838710000):
- September 26, 2005, the Code Enforcement Zone Officer discovered that automotive sales were being conducted without an Administrative Permit or Final Site Plan and trash and debris was present on the property.
- September 27, 2005, the zone officer cited the property owners for conducting automotive sales without an Administrative Permit or a Final Site Plan and having trash and debris (tires, wood, etc.) on the property in violation of Section 602.2, Figure 6-1, Page 420 (Permitted, Administrative and Special Uses by District) and Section 508.1 (Site Plans - Purpose and Intent) and Section 703.2.23 (Parking or Storage of Junk Vehicles or Refuse Prohibited) of the Manatee County Land Development Code.
- September 28, 2005, a Letter of Violation was sent out certified mail to the property owners and the green card was signed on September 30, 2005 by Sal Mannino and was returned back to Code Enforcement.
- October 14, 2005, the zone officer did a re-investigation and found the vehicles remained on the vacant lot with no approvals and scheduled this case to go before the November 23, 2005, Special Magistrate hearing.
- October 14, 2005, a Notice of Hearing for the November 23, 2005, Special Magistrate was sent out certified mail to the property owners and the green card was signed on October 19, 2005 by Gia Mannino and was returned back to Code Enforcement.
- November 18, 2005, the zone officer removed this case from the November hearing and continued it to January 25, 2006.
- November 25, 2005, a Notice of Hearing for the January 25, 2006, Special Magistrate was sent out certified mail to the property owners and the green card was signed on November 25, 2005 by Gia Mannino and was returned back to Code Enforcement.
- January 25, 2006, the Special Magistrate found in violation of
Section 602.2, Figure 6-1, Page 420 and Section 508.1 and set a compliance date of February 17, 2006, or a minimum fine of $85 and a daily fine of $80 would be imposed for each section, and also set a compliance date of February 17, 2006, or a minimum fine of $75 and a daily fine of $70 would be imposed for Section 703.2.23.
- February 23, 2006, the zone officer did a re-inspection and found the vehicles along with trash and debris still on site. The zone officer pulled the legal documents from the Clerk of the Circuit Court and discovered a Notice of Lis Pendens for the commencement action to foreclose on this property, and held off starting the fines.
- June 22, 2006, the zone officer did a re-inspection and found the auto sales were still continuing without a site plan and pulled the legal documents from the Clerk of the Circuit Court and discovered a Voluntary Dismissal to Foreclose, and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Sections 602.2, Figure 6-1, Page 420 and Section 508.1. (Section 703.2.23 was complied).
- July 13, 2006, the zone officer found the property to be in compliance and stopped the fines as of this date for both sections. The fines totaled $23,370.00 for both sections together.
- April 24, 2013, Code Enforcement received an e-mail from the respondent's daughter, representing Salvatore Mannino, requesting a possible fine reduction and offering to pay 10% of the fine, which would be $2,337.00 and the Division Manager placed this on the May 22, 2013, Old Business Special Magistrate.
- May 22, 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 $2,337.00, which staff supported. (The respondent accepted the recommendation.)
County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)
Explanation of Other
Instructions to Board Records
Please forward a stamped copy of agenda to Administrative Specialist Laurie Menard (firstname.lastname@example.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 6-18-2013 Mannino .pdf