PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF CATHERINE HEASLEY ESTATE CASE NUMBER 15-0092670
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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 Catherine Heasley Estate.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Caitlin Kelly Personal Representative for the Estate
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Catherine Heasley Estate Fine Reduction Request:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 1464 NE CROTON STREET, JENSEN BEACH, FL 34957, Martin County, Florida.
On October 21, 2015, an Order finding Violation was issued by the Code Enforcement Magistrate to HEASLEY, CATHERINE, for the following violations: Section 21.121.2 - Openable Windows General Ordinances, Martin County Code, Section 21.111 - Protective Treatment General Ordinances, Martin County Code, Section 67.201.B- Nuisance Declared: Trash, Etc. General Ordinances, Martin County Code.
Compliance was required by November 23, 2015. On February 24, 2020, an Affidavit of Transition & Accrued Fines and costs was issued reflecting an outstanding fine of $371,400.00 plus costs in the amount of $ 575.00.
Staff has determined that a lien reduction is warranted. The Respondent’s Estate was responsible for the violation; however, the County placed the property under condemnation, the Estate did bring it into compliance, and have offered to pay $ 27,213.00 to resolve the outstanding fines. The County has taken into account that the property value is $272,130.00 which is reflected in the amount approved for this fine reduction which is 10% of the property value.
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 $27,213.00 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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