PLACEMENT: Consent
TITLE:
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REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF ROBERT C. AND CLARESSA Y. POTTS
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EXECUTIVE SUMMARY:
executive summary
Pursuant to the provisions of Section 1.98.B, General Ordinance, 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 Robert C. and Claressa Y. Potts.
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DEPARTMENT: Building
PREPARED BY: Name: Dawn Matias
Title: Business Operations Manager
REQUESTED BY: Gordon Mularski
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
A. Code Enforcement Statistics - Fiscal Year 2016
During fiscal year 2016, Code Enforcement responded to approximately 7,696 Requests for Service (Investigations) of which approximately 91% (6,966) were resolved prior to the close of the fiscal year. Over this same period of time, the Code Enforcement Division resolved a total of 7,870 Code Enforcement cases.
Of those 7,696 code enforcement investigations, 4,730 of these were directly related to alleged violations of the Martin County Code(s). Over the course of the fiscal year, the Magistrate ultimately issued compliance orders which could result in an accruing fine/lien upon property for 57 of the code enforcement actions.
During fiscal year 2016 a total of 15 fine reduction recommendations were forwarded from the Code Enforcement Magistrate to the Board of County Commissioners in accordance with Martin County Code and the average fine reduction equated to approximately 8.5% of the face value of the fine.
B. Gordon Mularski Fine Reduction Request:
The attached Fine Reduction Stipulation and Agreed Recommended Order involves property located at 251 NW Baker Road, Stuart, Martin County.
On November 9, 1998, an Order was issued by the Code Enforcement Board to Robert C. and Claressa Y. Potts, for a violation of Section 12-70 (B). Nuisance Declared: Trash and 19-14, Junk of the Martin County Code of Laws and Ordinances. Compliance was required by December 11, 1998 and a fine in the amount of $3,350.00 was issued due to the property not being placed into compliance on time. On July 9, 2001 an Order Imposing Administrative Fine/Lien for Repeat Violation was issued. A fine in the amount of $21,350.00 was issued to the property owner at that time. On February 3, 2006 an unsafe letter was issued to the property owner and structure on the property was demolished by Martin County. A Notice of Claim of Lien was issued September 6, 2006 in the amount of $3,950.14 for the demolition of the structure on the property.
Gordon Mularski is the Current Owner of the property. Pursuant to a Quick Claim Deed recorded in Official Records Book 2902, Page 2438, Martin County, Florida Public Records, Respondent has no remaining interest in the property.
Staff had determined that a lien reduction is warranted. The Current Owner was not responsible for the violation, and has offered to pay $350.00 to resolve the outstanding fine which has accrued. Also staff has taken into consideration the fact that the current owner has paid the outstanding demolition lien in the amount of $3,950.14 plus all back taxes in the amount of $2,250.00. In addition, staff has considered the $8,100.00 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 recommendation that the lien on the property be reduced to $350.00 and accepted as full payment.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda.
Provide staff with further directions.
FISCAL IMPACT:
RECOMMENDATION
None
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: