Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - May 22, 2018
REVISED May 22, 2018 - Regular Meeting
Agenda Item #17

Reduction of Code Enforcement Fines for Ralph Gianni, Code Enforcement Case#CE2016030508


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

Action Requested
Motion to reduce the fines for this case to $1,250.00 plus $20.00 recording fees, as previously recommended by the Special Magistrate on April 25, 2018, subject to the following conditions:

  1. The reduced fine shall be paid within 90 days or it will revert back to the original fine amount of $10,875.00 for CE2016030508.
  2. Recording fees shall be paid, 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
Section 12-7-27 Code of Ordinances

Background Discussion
The owner, Ralph Gianni, was cited for having a sign without a building permit or a Certificate of Completion. Mr. Gianni submitted a building permit application on May 3, 2016. Staff reviewed the permit application and requested additional information that was missing from the application. It took several months for Mr. Gianni to submit the requested information. Code Enforcement staff reached out several times to Mr. Gianni in an effort to facilitate compliance. Mr. Gianni accepts responsibility for non-compliance during that time and is respectfully requesting a reduction in the total fine amount.

Violation: 310.3 and 310.5 of the Land Development Code

  1. Notice of Violation was issued March 31, 2016
  2. The Special Magistrate Hearing was held on July 27, 2016.  The property owner was ordered to comply by August 19, 2016, or a fine of $75.00 per day, for each violation, would be imposed.
  3. Complied January 18, 2017
  4. Fines for this case total $10,915.00, which includes $20.00 for recording fees.
  5. Special Magistrate Mitigation Hearing was held April 25, 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 $10,915.00, to $1,250.00 plus $20.00 recording fees for a total of $1,270.00 to settle this case.  Staff recommends approval.

County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments May 22, 2018 - Ralph Gianni.pdf