Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 26, 2017
September 26, 2017 - Regular Meeting
Agenda Item #13

Reduction of Code Enforcement Fines for Donald G Spiller, Code Enforcement Case Number CE2011040316 - 7329 Phillips St, Sarasota


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

Action Requested

Motion to reduce the fines for this case to $1,000.00 (as previously recommended by the Special Magistrate on August 30, 2017), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amount of $429,100.00 for CE2011040316.
  2. Recording fees need to be collected, which total $40.00.
  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

Background Discussion

JP Morgan Chase Bank foreclosed (filed on May, 22, 2015; Final Judgment October 10, 2016) on this property. Southeast Property Acquisitions LLC purchased  the property on January 18, 2017. They then had to file for eviction before they could go in and clean the property up. The current owner is  seeking a fine reduction as they promptly abated the violations upon ownership. The property is currently in compliance.  The previous owners did nothing to comply with the magistrates order.

Violations:   Unscreened outdoor storage and trash and debris.

  1. Notice of Violation issued 4/18/2011.
  2. Special Magistrate Hearing was held on 6/22/2011 - Ordered to comply by 7/22/2011 or a fine of $150.00 plus $100.00 per day per section (two) would be imposed.
  3. Compliance date was 6/5/2017.
  4. Fines for this case total $429,100.00 plus $40.00 recording fees.
  5. Special Magistrate Mitigation hearing was held on 8/30/2017.  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 $429,100.00 to $1,000.00 plus $40.00 recording fees to settle the case.  Staff recommends approval.

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 Susan Hunt (susan.hunt@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachmentds 9-26-2017 CE2011040316 Donald G Spiller .pdf