PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF DAWN MARIE DECKER CASE NUMBER ENF2019050887
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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 Dawn Marie Decker.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Dawn Marie Decker
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request for Dawn Marie Decker:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 3277 SE Birch Ave., Stuart, FL 34997.
On September 18, 2019, an Order Finding Violation was issued by the Code Enforcement Magistrate to Dawn Marie Decker, for the following violation(s): 67.201.B Nuisance Declared Trash, Etc.- General Ordinances, Martin County Code
Compliance was required by October 31, 2019. On December 13, 2019, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $2,000.00 plus costs in the amount of $575.00. Pursuant to Section 1.98.B, General Ordinances, Martin County Code, no code enforcement lien shall be reduced to a value less than ten percent of the total fine amount, or ten percent of the value of the property, whichever is less. The portion of the lien attributable to costs shall not be subject to reduction.
Staff has determined that a lien reduction is warranted. Respondent was responsible for the violation; they brought the property into compliance and have offered to pay $200.00 plus costs in the amount of $575.00 for a total amount of $775.00 to resolve the outstanding fines and costs 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 $775.00 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:
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