Manatee County Government Administrative Center First Floor, Commission Chambers 9:00 a.m. - February 13, 2018
REVISED February 13, 2018 - Regular Meeting
Agenda Item #22

Reduction of Code Enforcement Fines for Deborah & Gene Folds, Code Enforcement Case #CE2011060188


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

Action Requested

Motion to reduce the fines for this case to $1,000 plus $20 recording fees (as previously recommended by the Special Magistrate on January 24, 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 $101,770 for CE2011060188.
  2. Recording fees need to be collected which total $20.00.
  3. Building and Development Services Department Director is authorized to sign satisfactions of liens if the reduced fine is paid.

Enabling/Regulating Authority

Section 2-9-8, Manatee County Code of Ordinances

Section 162.09, Florida Statutes

Background Discussion
Bank of America NA c/o Skyhill Financial, the current property owner, obtained the property through foreclosure on September 15, 2017 (title issued). Bank of America NA is seeking a reduction of fines as these fines were assessed against the previous owner (Deborah and Gene Folds).
The property was brought into compliance on May 16, 2017, at which time the fines were stopped.
703.2.23.1 (Trash and Debris) of the Manatee County Land Development Code. 
  1. The Notice of Violation was issued August 25, 2011.
  2. The Special Magistrate Hearing was held on September 28, 2011.  The property owner was ordered to comply by October 21, 2011, or a minimum fine of $100 plus $50 per day will be imposed.
  3. Complied on May 16, 2017.
  4. Fines for the case total $101,770 (which includes recording fees).
  5. Special Magistrate Mitigation hearing was held on January 24, 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 $101,770 to $1,000 plus $20 recording fees to settle the case. Staff recommends approval.

Note: The monies owed on the lien were legally wiped out when the foreclosure "Final Judgment" order was issued on August 16, 2017. The new owner (Bank of America NA) is requesting the reduction as they would like to receive a recorded release of this lien.

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 Robin J. Dyer (robin.dyer@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BCC Attachments 2-13-18 - Debra & Gene Folds CE2011060188.pdf