Legislation Details

File #: 24-0988   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 6/4/2024 Final action:
Title: REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF JOANNE KONEFAL CASE NUMBER ENF2018110099
Attachments: 1. SIGNED FINE REDUCTION ENF2018110099.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF JOANNE KONEFAL CASE NUMBER ENF2018110099

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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 Joanne Konefal.

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DEPARTMENT: Building                     

PREPARED BY:                      Name: Rachel Spradley                     

                     Title:                     Nuisance Abatement Coordinator                     

REQUESTED BY: Berend & Kelley Van Toor                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Fine Reduction Request Joanne:

This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 1027 SW BROMELIA TERRACE, STUART, FL 34997, Martin County, Florida.

On September 18, 2019, an Order Finding Violation was issued by the Code Enforcement Magistrate to JOANNE KONEFAL, for the following violation(s): 21.122 Door, General Ordinances, Martin County Code, 21.111 Protective Treatment, General Ordinance Martin County Code, 21.132 Interior Surfaces, General Ordinances, Martin County Code, 21.105 Swimming Pools, General Ordinances, Martin County Code.


Compliance was required by March 31, 2020.  On April 9, 2024, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $ 586,400.00 plus costs in the amount of $ 575.00.

Berend & Kelly Van Toor are the Current Owners of the property.  Pursuant to a General Warranty Deed recorded in Official Records Book 3423, Page 750, Martin County, Florida Public Records, Respondent has no remaining interest in the property.

 

Staff has determined that a lien reduction is warranted.  Current Owners were not responsible for the violation; however, they brought the property into compliance and have offered to pay $ 58,697.50 to resolve the outstanding fines which have accrued.

 

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 $56,697.50 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>.