Legislation Details

File #: 24-0593   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 2/20/2024 Final action:
Title: REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF DAVID KENT DAVIS AND CHERYL A DAVIS CASE NUMBER ENF2022100441
Attachments: 1. SIGNED FINE REDUCTION ENF2022100441.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF DAVID KENT DAVIS AND CHERYL A DAVIS CASE NUMBER ENF2022100441

end

EXECUTIVE SUMMARY:

executive summary

Pursuant to the provisions of Section 1.98B, General Ordinances, Martin County Code, the Board of County Commissioners is asked to consider approval of a Fine Reduction Stipulation and Agreed Recommended Order regarding the Code Enforcement case of David Kent Davis and Cheryl A. Davis.

body

DEPARTMENT: Building                     

PREPARED BY:                      Name: Rachel Spradley                     

                     Title:                     Nuisance Abatement Coordinator                     

REQUESTED BY: David Kent Davis and Cheryl A Davis                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

David Kent Davis and Cheryl A. Davis Fine Reduction Request:

 

This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 1399 SW WILDCAT TRL, STUART, FL 34997, Martin County, Florida.

 

On February 15, 2023, a Stipulation and Agreed Final Order was issued by the Code Enforcement Magistrate to, DAVID KENT DAVIS, CHERYL A DAVIS, for the following violation(s):  Section 67.201.B Trash - Nuisance Declared: Trash, Etc. General Ordinances, Martin County Code.


Compliance was required by May 31, 2023.  On July 10, 2023, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $ 3,800.00.

 

Staff has determined that a lien reduction is warranted.  Respondents were responsible for the violation; they brought the property into compliance and have offered to pay $380.00 to resolve the outstanding fines which have accrued. The respondents paid the $350.00 Administrative Costs.

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board accept the Magistrate’s recommendations that the lien on the property be reduced to $380.00 and accepted as full payment.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and provide staff with further direction.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

☐Budget Transfer / Amendment                     ☐ Chair Letter                                                               ☐Contract / Agreement

☐Grant / Application                                          ☐Notice          ☐Ordinance                     ☐Resolution

☐Other:     

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.