Manatee County Government Administrative Center First Floor, Commissioner Chambers 9:00 a.m. - January 29, 2013
REVISED January 29, 2013 Regular Meeting
Agenda Item #17

MEK Properties LLC Case No. CE2011110257


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

Action Requested

Motion to reduce the fines for this case to $1,324.00, (as previously recommended by the Special Magistrate on November 28, 2012), 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 $13,245.00 for CE2011110257.

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. CE2011110257 against respondent MEK Properties LLC regarding property located at 1206 Hagle Park Road, Bradenton (DP#529000002):

  • November 16, 2011, Code Enforcement received a complaint about a small trailer and a boat on a trailer.
  • November 30, 2011, the zone officer cited the property owner for two restricted vehicles in violation of Section 703.2.15 (a trailer and a small boat on a trailer, both in front of the house) of the Manatee County Land Development Code.
  • December 2, 2011, a Letter of Violation was sent out certified to the property owner and was signed by Sue Swett on December 9, 2011.
  • December 21, 2011, the zone officer did a re-investigation and found no change with the restricted vehicles and also observed trash and debris on the property. The officer asked for a corrected Letter of Violation to also include Section 703.2.23.1 (trash and debris) and to also schedule this case to go before the February 22, 2012, Special Magistrate hearing.
  • January 3, 2012, a Corrected Letter of Violation and a Notice of Hearing for February 22, 2012, Special Magistrate was sent out certified mail to the property owner and was signed by Sue Swett on January 10, 2012.
  • February 22, 2012, the zone officer continued this case to the March 28, 2012 Special Magistrate hearing and posted the Letter of Violation and Notice of Hearing to the property door and the bulletin board on the 1st Floor of the County Administration building.
  • March 28, 2012, the Special Magistrate found in violation and gave until April 20, 2012, for compliance or a minimum fine of $100 and a daily fine of $75 would be imposed for each violation, Section 703.2.15 and Section 703.2.23.1.
  • April 27, 2012, the zone officer did a re-inspection and found the restricted vehicles had been removed but the trash and debris remained, and completed an Affidavit of Non-Compliance to start the fines as ordered for Section 703.2.23.1.
  • October 24, 2012, Code Enforcement was made aware that the trash and debris had been removed and the fines were stopped as of October 13, 2012, the date of the landfill receipts. The fines totaled $13,245.00.
  • October 24, 2012, MEK Properties sent an e-mail to Code Enforcement requesting a fine reduction and this case was scheduled for November 28, 2012, Special Magistrate Old Business.
  • November 28, 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 $1,324.00, which staff supported.

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 the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments 1-29-13 MEK.pdf