Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 22, 2013
October 22, 2013 - Regular Meeting
Agenda Item #12

Roberta Schjolden Code No. 1997010258


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

Action Requested

Motion to reduce the fines for this case to $3,052.00 (as previously recommended by the Special Magistrate on May 22 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 $284,700.00 for CE1997010258.

2.  Recording fees need to be collected, which total $238.00.

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. CE1997010258 against Roberta Schjolden regarding property located at 31105 Miarcachee Road, Myakka (DP#2315.0000/0):

  • January 10, 1997, Code Enforcement received a complaint about a trailer without a permit.
  • January 13, 1997, the zone officer observed a single-wide mobile home parked in the middle of a private driveway off of Clay Gulley Road, Myakka. This was posted as an unsafe structure as the body was pulled away from the frame in the moving process and there were no building permits.
  • February 13, 1997, the zone officer observed what he thought was the same mobile home that had been moved onto the property of Roberta Schjolden, without zoning or building permits, and cited the property owner for setting up a single wide mobile home without the required permits in violation of Section 602.2, Figure 6-1, Page 437 (Permitted, Administrative and Special Uses by District) and Section 512 (Building Permits) of the Manatee County Land Development Code.
  • February 24, 1997, the zone officer made a correction to this case. The original trailer that was posted as unsafe was not the trailer that was moved onto the property site, but an additional one. The other one remained in the driveway.
  • February 21, 1997, a Letter of Violation and a hearing notice for the April 23, 1997, Special Magistrate hearing were sent out certified mail to the property owner and the green service card was returned on March 22, 1997, to Code Enforcement, but it was not signed.
  • March 20, 1997, the zone officer hand served the Letter of Violation and hearing notice to the property owner.
  • March 25, 1997, Code Enforcement received a letter dated March 23, 1997, from Roberta Schjolden explaining her situation with the mobile home on the property.
  • April 23, 1997, the Special Magistrate found in violation of Section 602.2, Figure 6-1, Page 437 and Section 512 and set a compliance date of April 25, 1997, or a minimum fine of $250 and a daily fine of $50 would be imposed for each section.
  • May 22, 1997, the zone officer did a re-inspection and found the mobile home still on site and no permit on file and started the fines as previously ordered for Section 602.2, Figure 6-1, Page 437 and Section 512.
  • August 23, 2000, the Special Magistrate discontinued the recording of the Order Imposing Fines, but the fines continued to accrue.
  • November 21, 2012, Division Manager Joe Fenton conducted an inspection and did not see the mobile home on the property. Due to not knowing when it was removed, he stopped the fines from running as of the date the Special Magistrate ordered them to stop recording. The fines totaled $61,050.00.
  • April 9, 2013, Code Enforcement received an e-mail from the property owner's attorney, Frank C. Wheeler, requesting this fine be reduced to 5% of the total fines, which would be $3,052.00, and the Division Manager placed this on the May 22, 2013, Old Business Special Magistrate.
  • May 22, 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 $3,052.00, plus recording fees of $238.00, 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 the 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 10-8-2013 Schjolden.pdf