www.mymanatee.org
Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - April 24, 2018
REVISED April 24, 2018 - Regular Meeting
Agenda Item #20


Subject
Reduction of Code Enforcement Fines for James Palawski - Palaw LLC, Code Enforcement Case Number CE2012100104

Briefings
None

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

Action Requested
Motion to reduce the fines for this case to $1,000.00 + $40.00 recording fees, as previously recommended by the Special Magistrate on March 28, 2018, subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amount of $207,240.00 for CE2012100104.
  2. Recording fees shall be paid, which total $40.00.
  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

Background Discussion
The previous property owner, Rudolfo Hernandez, was cited for trash & debris and outdoor storage. The Property went through foreclosure and Final Judgment was filed on April 30, 2014.  James Palawski (Palaw LLC), who purchased the property, is requesting a reduction in the lien amount as the violations were not created by him. Shortly after obtaining ownership he brought the property into compliance.

Violation: Sections 703.2.23.1 & 703.2.20 of the Manatee County Land Development Code.

History
  1. Notice of Violation was issued October 8, 2012.
  2. The Special Magistrate Hearing was held on November 28, 2012. The property owner was ordered to comply by December 21, 2012, or a minimum fine of $100.00 plus $150.00 per day for each violation and for each and every day either violation continued past the compliance date ordered.
  3. Complied November 12, 2014.
  4. Fines for this case total $207,240.00, which includes $40.00 recording fees.
  5. Special Magistrate Mitigation Hearing was held March 28, 2018. The Magistrate determined that justification exists to reduce the total fine amount and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amount which totals $207,240.00 to $1,000.00 plus $40.00 recording fees for a total of $1,040.00 to settle this case. Staff recommends approval.


County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records
N/A

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  BOCC Attachments March 28, 2018 James Palawski.pdf