PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF GORDON E MCDONALD L/E TRUST AGREEMENT DATED 4/8/2008 (GORDON MCDONALD) CASE NUMBER ENF2023050362
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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 Gordon E. McDonald L/E Trust Agreement dated 4/8/2008 (Gordon McDonald).
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Gordon E. McDonald
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request for Gordon McDonald:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 3192 SE Hawthorne St, STUART, FL 34995, Martin County, Florida.
On September 20, 2023, an Order Finding Violation was issued by the Code Enforcement Magistrate to MCDONALD GORDON E L/E TRUST AGREEMENT DATED 04/08/2008 (GORDON MCDONALD), for the following violation(s): 67.201.A NUISANCE DECLARED: WEEDS, UNDERGROWTH, GENERAL ORDINANCES, MARTIN COUNTY CODE 91.34.A GENERALLY INOPERABLE VEHICLES, GENERAL ORDINANCES, MARTIN COUNTY CODE 21.99 ACCESSORY STRUCTURES, GENERAL ORDINANCES, MARTIN COUNTY CODE
Compliance was required by October 31, 2023. On July 15, 2024, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $74,600.00 plus costs in the amount of $ 575.00.
Staff has determined that a lien reduction is warranted. Respondent was responsible for the violation; and, they brought the property into compliance and have offered to pay $6,668.00 to resolve the outstanding fines which have accrued. In addition, staff has considered the $66,680.00 assessed value of the property.
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 $6,668.00 and accepted as full payment.
ALTERNATIVE RECOMMENDATIONS
Pull this item from 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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