Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 26, 2013
REVISED February 26, 2013, Regular Meeting
Agenda Item #13

JP Morgan Chase Bank National Association (fka Barry and Lillian Thomas) Case No. CE2011100075


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

Action Requested

Motion to reduce the fines for this case to $2,775.00, (as previously recommended by the Special Magistrate on January 23, 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 $22,770.00 for CE2011100075.

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 fines are paid.

Enabling/Regulating Authority
Section 162.09, Florida Statutes (2009)

Background Discussion

Below is a summary of Code Enforcement Case No. 2011100075 against respondents JP Morgan Chase Bank National Association (fka Barry and Lillian Thomas) regarding property located at 6753 64th Terrace East, Bradenton (DP#1882918559):

  • October 4, 2011, Code Enforcement received a complaint regarding ripped screens and unlocked doors surrounding the swimming pool.
  • October 31, 2011, the zone officer cited the property owners for an unsecured swimming pool on the property in violation of Section 703. (Swimming Pool Enclosures and Bath House Requirements) of the Manatee County Land Development Code.
  • November 1, 2011, a Letter of Violation was sent out certified mail to the property owners and was returned unclaimed.
  • November 16, 2011, the zone officer did a re-investigation and found the property still to be in violation and scheduled this case to go before the December 28, 2011, Special Magistrate hearing.
  • December 16, 2011, the zone officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the December 28, 2011, Special Magistrate hearing.
  • December 28, 2011, the Special Magistrate found in violation of Section 703. and gave a compliance date of January 20, 2012, or a minimum fine of $150 and a daily fine of $100 would be imposed.
  • January 23, 2012, the zone officer checked the property and found the swimming pool remained unsecured and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 703.
  • October 11, 2012, staff received an e-mail from Red Vision Title asking for a lien search on this property.
  • October 12, 2012, the property was sold to JP Morgan Chase Bank National Association.
  • October 23, 2012, the zone officer checked the property and found the swimming pool had been secured and fines were stopped as of that date. The fines totaled $27,770.00.
  • November 26, 2012, code enforcement received an e-mail from Michael Saunders and Company, the managers for JP Morgan Chase Bank National Association for this property, asking for a possible fine rescission. Division Manager Joe Fenton responded back that he would recommend to the hearing officer a reduction to ten percent of the fine, which would be $2,775.00. Pam Tapp from Michael Saunders responded back she would like to proceed with the ten percent reduction. This case was then placed on the January 23, 2013, Special Magistrate Old Business agenda.
  • January 23, 2012, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $2,775.00, which staff supported. (The respondent first disagreed with the reduction amount then accepted the recommendation.)

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 agenda to Laurie Mendard (laurie.menard@mymanatee.org), Code Enforcement Division, following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments 2-26-2013 JPMorgan.pdf