Manatee County Government Administrative Building First Floor, Chambers December 1, 2016 - 9:00 AM
REVISED December 1, 2016 - Land Use Meeting
Agenda Item #4

Reduction of Code Enforcement Fines for Timothy L. and Mary Lila Hattaway PIN#2278900002- Address 4106 US 41 N. Palmetto, FL 34221


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

Action Requested

Motion to reduce fines for case number CE2002040081 totaling $69,450.00, to be reduced to $1,500.00 (as previously recommended by the Special Magistrate on October 26, 2016), 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 $69,450.00.
  2. Recording fees need to be collected, which total $16.00.
  3. Building and Development Services Department Director is authorized to sign satisfactions of liens if reduced fines are paid.

Enabling/Regulating Authority
Section 162.09, Florida Statutes

Background Discussion

The original property owners at the time the violation occurred were Timothy and Mary Hattaway. On August 29, 2005, a foreclosure was filed.  On November 7, 2005 a bankruptcy was filed.  On May10, 2007, the bankruptcy trustee for Brasota Mortgage conveyed the property to the current owner Jeffry Knight.  The code enforcement violation was cured over 10 years ago, compliance date 8/28/2006. Mr. Knight through his attorney David L. Boyette, Esq. is asking for a reduction of fines.  Below is a brief synopsis regarding the case history:

  1. Violation: Lacking required site plan (Section 508).
  2. Notice of Violation issued 4/15/2002 and the compliance date was 8/28/2006.
  3. Special Magistrate Hearing was held on 1/22/2003 and was ordered to comply or a minimum $150.00 fine with a and a fine of $100.00 per day would be imposed.
  4. Complied on 8/28/2003.
  5. Fines for this case totals $69,450.00 plus $16.00 recording fee.
  6. Property owner offered a total of $1,500.00 plus $16.00 recording fee.
  7. Special Magistrate Mitigation hearing was 10/26/2016.  The Magistrate determined that justification exists to reduce the total fine amounts and to forward the request to the Board of County Commissioners with a recommendation to reduce the fine amounts totaling $69,450.00 to $1,500.00 plus $16.00 recording fees to settle this case. Staff supports the recommendation of the Special Magistrate.

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 Vicki Gipson (vicki.gipson@mymanatee.org) in the Code Enforcement Division following deposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  2016-12-01 CE2002040081 Hattaway .pdf