Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - November 19, 2019
November 19, 2019 - Regular Meeting
Agenda Item #22

Reduction of Code Enforcement Fines for Smith Family-Bradenton Limited Partnership, Case #CE2017080685


Contact and/or Presenter Information
Jeff Bowman, Code Enforcement Division Chief, Ext. 6854

Action Requested
Motion to reduce the fines for this case to $500.00, plus $28.50 in recording fees, as previously recommended by the Special Magistrate on October 23, 2019, subject to the following conditions:
  1. The reduced fine shall be paid within 90 days or will revert to the original fine amount of $10,258.50.
  2. Recording fees shall be paid which total $28.50
  3. Building and Development Services Department Director is authorized to sign satisfaction of liens if the reduced fines are paid.

Enabling/Regulating Authority
Section 162.09, Florida Statutes
Section 2-7-27, Code of Ordinances

Background Discussion
The original owner, Smith Family-Bradenton Ltd Partnership, was cited for an overgrown property causing a nuisance condition.

This property has been a nuisance (overgrowth, trash, debris, drug activity, etc.) for many years. Homeless camps were being established on the property regularly causing a nuisance. Code Enforcement has had the property cleaned up more than once. 

The property was purchased in June 2019 by TSA Back 9, LLC, who is also the adjacent property owner.  Prior to their purchase of the property, they reached out to Code Enforcement in an effort to work with us as the nuisances would spill over/encroach onto their property as well.  

They inherited multiple Code Enforcement liens and delinquent taxes.  A total of $7,070.00 was paid for outstanding Code Enforcement liens, except for this lien.  TSA Back 9, LLC, upon speaking with Code Enforcement regarding this case, agreed to bring the property into compliance within 60 days following the closing.  The property was brought into compliance within thirty days at a cost of $14,300.00.

A justification for consideration is outlined in the attached letter along with receipts for the work performed to bring the property into compliance.  The property is now being maintained and is no longer a nuisance.  TSA Back 9, LLC, respectfully requests that the fines be reduced.

Violation:  Section 2-9-105(d) of the County Code of Ordinances

  1. Notice of Violation was issued on August 21, 2017.
  2. The Special Magistrate Hearing was held on October 25, 2017.  The property owner was ordered to comply on or before November 10, 2017, or a minimum fine of $250.00 plus $75.00 per day, to a maximum of $10,000.00, would be imposed.
  3. Complied March 26, 2018.
  4. Fines for this case total $10,278.50, which includes $28.50 in recording fees.
  5. The Special Magistrate Hearing was held on October 23, 2019.  The Magistrate determined that justification exists to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amount to $500.00 plus $28.50 in recording fees to settle this case.  Staff supports the recommendation.

County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please provide a stamped approval to:

Moira.Horgan@mymanatee.org, 941-748-2071
Jeff.bowman@mymanatee.org, 941-748-2071

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments CE2017080685 Smith Family-Bradenton Ltd Partnership.pdf