Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 4, 2013
June 4, 2013 - Regular Meeting
Agenda Item #11

David J. Stiscak, Case No. CE2006060482


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

Action Requested

Motion to reduce the fines for this case to $2,000.00, (as previously recommended by the Special Magistrate on March 27, 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 $237,750.00 for CE2006060482.

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. CE2006060482 against David J. Stiscak regarding property located at 7113 Westmoreland Drive, Sarasota (DP#6698500003):

  • June 19, 2006, Code Enforcement received a complaint from the Transportation Engineering Department about work being done involving a permit that had been voided.
  • June 21, 2006, the zone officer cited the property owner for installing a driveway without the required building permits on the property in violation of Section 512 (Building Permits) of the Manatee County Land Development Code.
  • June 22, 2006, a Letter of Violation was sent out certified mail to the property owner and the green card was returned signed by Gail Wall on July 12, 2006.
  • July 7, 2006, the zone officer did a re-investigation and found no permits on file and scheduled this case to go before the July 26, 2006, Special Magistrate hearing.
  • July 10, 2006, a Notice of Hearing for the July 26, 2006, Special Magistrate was sent out certified mail to the property owner and the green card was returned signed by David Stiscak on July 18, 2006.
  • July 26, 2006, the Special Magistrate found in violation of Section 512 and set a compliance date of August 18, 2006, or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • August 18, 2006, Code Enforcement received a letter from the property owner dated August 12, 2006, responding to the Order Imposing Fine he received. The respondent sent in copies of permit #05011388, but the permit was still voided.
  • August 21, 2006, the zone officer did a re-inspection and found no permit for the driveway and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.
  • January 30, 2013, the property owner applied for a Driveway,  Access and Drainage Permit, #13011287.
  • January 31, 2013, Code Enforcement received a letter from the property owner requesting a fine reduction and offering to pay $2,000.00.
  • February 19, 2013, the zone officer found permit #13011287 was issued, along with the Certificate of Occupancy and the property to be in compliance and stopped the fines as of February 19, 2013 on Section 512. The fines totaled $237,750.00.
  • February 20, 2013, the Division Manager placed this on the March 27, 2013, Old Business Special Magistrate, so the respondent could request a possible fine reduction.
  • March 27, 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 $2,000.00, 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 6-4-2013 Stiscak.pdf