Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 7, 2017
March 7, 2017 - Regular Meeting
Agenda Item #23

Reduction of Code Enforcement Fines for William T. Barrett Sr. PIN# 4739700005 - 2610 5th Street East, and PIN# 4739500009 - 406 26th Avenue East, Bradenton


Contact and/or Presenter Information

Jeff Bowman, Division Chief, Ext. 6854

Action Requested

Motion to reduce the fines for case numbers CE1995110057 totaling $11,899.34 to $0.00 and CE2003020538 totaling $194,837.61 to $0.00 (as previously recommended by the Special Magistrate on January 25, 2017), subject to the following conditions:

  1. Recording Fees need to be collected which total $16.00 for case number CE1995110057 and $32.00 for case number CE2003020538.
  2. Building and Development Services Department Director is authorized to sign satisfactions of liens if recording fees are paid.

Enabling/Regulating Authority
Section 162.09, Florida Statutes

Background Discussion

The liens were recorded when Mr. Barrett Sr. owned the properties. His son (William Barrett Jr.) inherited these properties in 2013 from his father who is deceased. On January 23, 2017, Code Enforcement collected $6,913.05 through Surplus Funds from tax deed sales on two (2) other properties owned by Mr. Barrett. That money was applied to the liens on these subject properties as code enforcement liens attached to all real property owned by a violator. Mr. Barrett Jr. is requesting a fine reduction on the remaining amounts owed and are outlined in number 7 below.

Below is a brief synopsis regarding the case history:

  1. Violation: CE1995110057 Parking a commercial vehicle on property and CE2003020538 Unscreened outdoor storage and junk vehicles.
  2. Notice of Violations issued: 
    1. CE1995110057 11/7/1995
    2. CE2003020538 2/24/2003
  3. Special Magistrate Hearing:
    1. CE1995110057 on 1/24/1996 - ordered to comply or a $100.00 fine plus $25.00 per day would be imposed.
    2. CE2003020538 on 5/28/2003 - ordered to comply or a $65.00 fine plus $65.00 per day  for Section 703.2.22 and a $75.00 fine plus $70.00 per day for Section 703.2.20 would be imposed.
  4. Complied: 
    1. CE1995110057 on 6/20/1997 - 512 days
    2. CE2003020538 Sections 703.2.22 & 703.2.20 on 7/25/2007 - 1,486 days
  5. Fines for both cases total $213,650.00 plus $48.00 recording fees.
  6. Property owner's Representative/Agent paid all delinquent lot clearing/mowing fees and Tax Surplus Funds of $6,913.05 have been collected.  Property owner is offering $0.00 plus $48.00 recording fees for both cases.
  7. Special Magistrate Mitigation Hearing was January 25, 2017.  The Magistrate determined that justification exists to reduce the total fine amounts and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amounts totaling $11,899.34 to $0.00 plus $16.00 recording fees for Case CE1995110057 and $194,837.61 to $0.00 plus $32.00 recording fees for case number CE2003020538. Staff recommends approval.

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 the agenda to Administrative Specialist Vicki Gipson (vicki.gipson@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Application for Relief CE1995110057.pdf
Attachment:  Application for Relief CE2003020538.pdf
Attachment:  Order of Referral CE1995110057.pdf
Attachment:  Order of Referral CE2003020538.pdf
Attachment:  Jusitifcation Letter.pdf