Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 4, 2013
REVISED June 4, 2013 - Regular Meeting
Agenda Item #43

1187 Upper James of Florida LLC, Case No. CE2012010067


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

Action Requested

Motion to reduce the fines for this case to $8,720.00, which is 50%, (as previously recommended by the Code Enforcement Board on May 8, 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 $17,440.00 for CE2012010067.

2.  Recording fees need to be collected, which total $30.00.

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. CE2012010067 against 1187 Upper James of Florida LLC regarding property located at 7150 North Tamiami Trail, Sarasota (DP#6697100159):

  • January 5, 2012, Code Enforcement received a complaint from the Building Department about a stage being built without permits.
  • January 17, 2012, the zone officer cited the property owner for having a stage without a valid issued building permit or certificate of occupancy/completion on the property in violation of Section 512.1 (Building Permits - Purpose and Applicability) and Section 513.1 (Certificate of Occupancy/Completion - Purpose and Effect) of the Manatee County Land Development Code.
  • January 20, 2012, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • February 17, 2012, the zone officer did a re-investigation and found no permits had been applied for and scheduled this case to go before the March 28, 2012, Special Magistrate hearing.
  • February 27, 2012, a Notice of Hearing for the March 28, 2012, Special Magistrate was sent out certified mail to the property owner and the pink card was signed for on March 7, 2012, by an illegible signature and was returned to Code Enforcement. (The zone officer also hand-served an employee of the business and posted the notice at the business and in the lobby on the 1st floor at the County Administration Building.
  • March 20, 2012, Code Enforcement received a letter from the restaurant manager, on behalf of the property owner, entering a plea of not in violation and this case was then forwarded to the Code Enforcement Board for April 11, 2012.
  • April 3, 2012, staff continued this case due to the restaurant managers being out of town. (This was continued again when the Building Official was not available to attend the hearing.)
  • May 11, 2012, the zone officer hand served the restaurant manager and posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the June 13, 2012, Special Magistrate hearing.
  • June 11, 2012, the Building Department sent a certified letter to the property owner explaining what was found during their February 28, 2012, inspection. They posted the structure/stage as unsafe due to hazardous and/or unsafe conditions that were found to exist. The stage structure was constructed including electric without proper permits or inspections. (On May 15, 2012, a follow-up inspection confirmed the structure continued to be potentially unsafe and required a building permit with electric and inspections to determine code compliance.)
  • June 13, 2012, the Code Enforcement Board found in violation of Sections 512.1 and 513.1 and gave until 8-3-2012 for compliance on 512.1 and gave until 11-9-2012 for compliance on 513.1 or a minimum fine of $150 and a daily fine of $50 for each violation would be imposed. The electrical issue was also found to be in violation for an unsafe condition and was given a compliance date of 6-23-2012 to install the cover plates or a minimum fine of $150 and a daily fine of $50 would be imposed.
  • June 20, 2012, the Code Enforcement Officer/Licensed Investigator did a re-inspection and found the cover plates had been installed and fines were not started on this portion of the order.
  • August 10, 2012, the zone officer did a re-inspection and found no building permit had been issued for the stage and the stage was still on site and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 512.1.
  • August 14, 2012, the zone officer received a phone call from the restaurant manager. Mr. Rose received a copy of the Order Imposing Fine and thought all he had to do was apply for the permit then have it issued by November 9, 2012. He also stated the contractor needed to re-submit his drawings because they showed a deck, not a stage.
  • August 15, 2012, Mr. Rose contacted the zone officer and asked for a suspension of the fines until the permit is issued or the structure is removed. Per the Division Manager the fine will continue to run until the permit is issued.
  • November 20, 2012, the zone officer did a re-inspection and found the required Certificate of Occupancy/Completion had not been issued for the stage and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Section 513.1.
  • March 12, 2013, the zone officer found the property to be in compliance and stopped the fines as of that date on Sections 512.1 and 513.1. The structure had been removed. The fines totaled $17,440.00 for both sections together.
  • April 11, 2013, Code Enforcement received an e-mail from the restaurant manager requesting a possible fine reduction and offering ten percent ($1,744.00) of the total fine, and the Division Manager placed this on the May 8, 2013, Old Business Code Enforcement Board hearing.
  • May 8, 2013, the Code Enforcement Board found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to 50% ($8,720.00), which staff supported. (The respondent did not accept this 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 Administrative Specialist Laurie Menard in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments 6-4-13 Bearded.pdf