Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - October 25, 2016
REVISED October 25, 2016 - Regular Meeting
Agenda Item #14

Reduction of Code Enforcement Fines for Prisciliano & Josefina Martinez, PIN#928600006 - 911 Leffingwell Avenue, Ellenton, FL


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

Action Requested

Motion to reduce the fines for case number CE2002040175 totaling $27,000.00 to $3,800.00 (as previously recommended by the Special Magistrate on September 28, 2016), subject to the following conditions:

  1. The reduced fine shall be paid within 90 days or will revert back to the original fine amounts of $27,000.00 for case number CE2002040175.
  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 reduced fines are paid.

Enabling/Regulating Authority
Section 162.09, Florida Statutes

Background Discussion

The fines on the property were caused by the homeowner back in 2002 through 2005, and not the mortgagee. On April 17, 2015, JP Morgan Chase Bank National Association foreclosed on the property and obtained title on August 17, 2016.

Below is a brief synopsis regarding the case:

  1. Violation: Junk vehicles and unscreened outdoor storage on property.
  2. Notice of Violation was issued on 4/12/2002.
  3. Special Magistrate Hearing was held on 6/26/2002 and was found in violation of sections 703.2.22 and 703.2.20.  Property owner was ordered to comply on both sections of the code by 7/19/2002 or shall pay a minimum fine of $150.00 plus $25.00 per day per violation.
  4. Complied: The property was brought into compliance on 6/28/2005.  The number of days this property was in violation was 1080.
  5. Fines for this case total $27,000.00 plus the $20.00 recording fee.
  6. Property owner offered a total of $3,800.00 plus the $20.00 recording fee to settle this case.
  7. Special Magistrate Mitigation hearing was held on September 28, 2016.  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 totaling $27,000.00 to $3,800.00 plus the $20.00 recording fee to settle this case. 
  8. Staff supports the request for reduction from the applicant and the recommendation of the Special Magistrate.

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 the agenda to Administrative Specialist Vicki Gipson (vicki.gipson@mymanatee.org) in the Code Enforcement Division following deposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  2016-10-25 Martinez CE2002040175.pdf