Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - February 26, 2013
REVISED February 26, 2013, Regular Meeting
Agenda Item #12

Opportunity Capital Assets, Inc (fka Frank S. Hluchan) Code No. CE2011050488


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

Action Requested

Motion to reduce the fines for this case to $2,277.00, (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 CE2011050488.

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. CE2011050488 against respondents Opportunity Capital Assets, Inc. (fka Frank S. Hluchan) regarding property located at 1904 49th Avenue West, Bradenton (DP#5294300008):

  • May 20, 2011, Code Enforcement received a complaint regarding a lanai screen ripped out surrounding the swimming pool.
  • June 2, 2011, the zone officer cited the property owners for junk vehicles, trash and debris and for an unsecured swimming pool on the property in violation of Section 703.2.23 (Parking or Storage of Junk Vehicles or Refuse Prohibited), Section 703.2.23.1 (Refuse Prohibited) and Section 703. (Swimming Pool Enclosures and Bath House Requirements) of the Manatee County Land Development Code.
  • June 3, 2011, a Letter of Violation was sent out certified to the property owners and was returned unclaimed.
  • June 17, 2011, the zone officer did a re-investigation and found all violations still existed on the property and scheduled this case to go before the July 27, 2011, Special Magistrate hearing.
  • June 21, 2011, a Notice of Hearing for the July 27, 2011, Special Magistrate was sent out certified mail to the property owner and was returned unclaimed.
  • September 17, 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 September 28, 2011, Special Magistrate hearing.
  • September 28, 2011, staff has had contact with the attorney for the bank that is foreclosing on this property. The bank is going to secure the swimming pool and clean up the property. The zone officer continued this to the November 23, 2011, Special Magistrate hearing.
  • November 10, 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 November 23, 2011, Special Magistrate hearing.
  • November 23, 2011, the Special Magistrate found in violation of Section 703. and gave a compliance date of December 23, 2011, or a minimum fine of $150 and a daily fine of $100 would be imposed. (Sections 703.2.23 and 703.2.23.1 were in compliance).
  • December 29, 2011, the zone officer did a re-inspection and found the swimming pool was still unsecured and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 703.
  • August 2, 2012, Opportunity Capital Assets Inc. purchased the property.
  • November 20, 2012, the zone officer checked the property and found the pool cage had been repaired, and was given a copy of a bill for the repair dated August 6, 2012, and fines were stopped as of that date. The fines totaled $22,770.00.
  • December 3, 2012, code enforcement received an e-mail from the new property owner asking for a possible fine reduction.
  • January 23, 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 $2,277.00, which staff supported. (The respondent 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 Menard (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 Opportunity.pdf