|November 19, 2013 - Regular Meeting|
Agenda Item #9
Federal National Mortgage Association (fka Jacque L. Allen) Case No. CE2011070121
Contact and/or Presenter Information
Joe Fenton, Division Manager, Ext. 6854
Motion to reduce the fines for this case to $8,232.50 (as previously recommended by the Special Magistrate on October 23, 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 $82,325.00 for CE2011070121.
2. Recording fees need to be collected, which total $40.00.
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. CE2011070121 against Federal National Mortgage Association (fka Jacque L. Allen) regarding property located at 23555 Jennings Road, Myakka (DP#294210158):
- July 7, 2011, Code Enforcement received a complaint from the Building Department about voided Permit #03030871 for work on a pool and patio without permits.
- August 2, 2011, the zone officer cited the property owner for installing a swimming pool without the required permits or certificate of occupancy/completion on the property in violation of Section 512.1 (Building Permits - Purpose and Applicability) and Section 513.1 (Certificate of Occupancy/Completion - Purpose and Effect) of the Manatee County Land Development Code.
- August 5, 2011, a Letter of Violation was sent out certified mail to the property owner, and the envelope was returned back to Code Enforcement unclaimed.
- November 3, 2011, the new zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the November 23, 2011, Special Magistrate hearing.
- November 4, 2011, a Notice of Hearing for the November 23, 2011, Special Magistrate was sent out certified mail to the property owner, and the envelope was returned back to Code Enforcement unclaimed.
- November 10, 2011, the zone officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the November 23, 2011, Special Magistrate hearing.
- November 23, 2011, the Special Magistrate found in violation and set a compliance date of February 17, 2012, or a minimum fine of $100 and a daily fine of $75 would be imposed for Section 512.1, and set a compliance date of May 18, 2012, or a minimum fine of $100 and a daily fine of $75 would be imposed for Section 513.1.
- February 29, 2011, 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 512.1.
- July 27, 2012, the zone officer did a re-inspection and found no Certificate of Occupancy on file and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.1.
- August 16, 2013, Code Enforcement started receiving e-mails from the realtor requesting this fine be reduced. It was explained that the property would need to be brought into compliance before this could be scheduled for a hearing to discuss a fine reduction.
- October 3, 2013, the Division Manager stopped the fines on Sections 512.1 and 513.1, the date the Certificate of Completion was issued. The fines totaled $82,325.00 for both sections together.
- October 4, 2013, Code Enforcement received an e-mail from the realtor, who requested this fine be reduced and the Division Manager placed this on the October 23, 2013, Old Business Special Magistrate.
- October 23, 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 10%, which is $8,232.50, which staff supported. (The respondent's representative 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 the 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 11-19-13 Federal.pdf