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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 #23


Subject
Reduction of Code Enforcement Fines for Managed Investment Holdings LLC, Case #2016070060

Briefings
None

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

Action Requested
Motion to reduce the fines for this case to $2,000.00, 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 $49,275.00.
  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 owner, Managed Investments Holdings LLC, was cited for using an empty lot for vehicle sales without the required Administrative/Special Permit.  They enlisted the assistance of King Engineering to begin the process of obtaining an Administrative/Special Permit for the car lot. The property owner then determined it was a long, encompassing and expensive process that, along with Hurricane Irma, made moving forward with any development plans financially impossible.  
In the meantime, they kept some "for sale" vehicles on the property believing it was allowed if they weren't using the parcel for that primary use.  They were notified by Code Enforcement that they were still in violation and immediately removed all "for sale" vehicles completely off the lot.  Managed Investment Holding LLC is respectfully requesting that the fine be reduced. 

Violation:  Section 401.2 of the Land Development Code

History: 
  1. Notice of Violation was issued November 14, 2016.
  2. The Special Magistrate Hearing was held March 22, 2017.  The property owner was ordered to comply on or before July 21, 2017, or a fine of $75.00 per day would be imposed.
  3. Complied May 10, 2019.
  4. Fines for this case total $49,303.50. which includes $28.50 in recording fees.
  5. The Special Magistrate Hearing was held 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 $2,000.00 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
N/A

Instructions to Board Records
Please email findings to:

jeff.bowman@mymanatee.org
robin.dyer@mymanatee.org


Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  BOCC Attachments CE2016070060 Managed Investment Holdings LLC.pdf