PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF DOUGLAS TAYLOR CASE NUMBER 13-0074577
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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 Douglas Taylor.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: THW FL Group, LLC
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request for Case Number 13-0074577:
The Board has adopted Chapter 1, Article 4, Section 1.98, General Ordinances, to implement liens for code enforcement violations. The Board previously adopted a formal policy for code enforcement lien reductions to the lesser of 10% of the total lien, or 10% of the value of the violation property.
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 6989 SE Ridgeway Terr, Hobe Sound, FL 33455, Martin County, Florida.
On February 19, 2014, a Stipulation and Agreed Final Order was issued by the Code Enforcement Magistrate to Douglas Taylor, for the following violation(s): Section 67.201.B - Nuisance Declared: Trash, Etc. General Ordinances, Martin County Code
Compliance was required by May 19, 2014. On January 15, 2020, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $ 389,700.00.
THW FL Group, LLC obtained title to the property on May2, 2024, pursuant to a Tax Deed recorded in Official Records Book 3434, Page 2519, Martin County, Public Records. Douglas Taylor no longer holds an interest in the property.
Staff has determined that a lien reduction is warranted for the following reasons (i). THW FL Group, LLC was not responsible for the violation; (ii) as a result of it’s tax deed purchase, $40,676.14 was received from the surplus funds towards payment of the County’s Code Enforcement Lien; (iii) The $40,676.14 received by the County represents 10.4% of the County’s Code Enforcement Lien against 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 $40,676.14 received from the Clerk of Court be accepted as the fine reduction and full payment of the County’s Code Enforcement Lien.
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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