PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING CODE ENFORCEMENT CASES INVOLVING BARRIO2BEACH, LLC AND CAPITAL SCRAP METAL, LLC; CASE NUMBERS GMD2019100093 AND GMD2020010197
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EXECUTIVE SUMMARY:
executive summary
Pursuant to the provisions of Section 1.98B, 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 cases of Barrio2Beach, LLC and Capital Scrap Metal, LLC.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Krista A. Storey
Title: Senior Assistant County Attorney
REQUESTED BY: Tyson Waters, Esq. on behalf of Barrio2Beach, LLC and Capital Scrap Metal, LLC
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Barrio2Beach, LLC and Capital Scrap Metal, LLC Fine Reduction Request:
The attached Fine Reduction Stipulation and Agreed Recommended Order involves two parcels. The first parcel is the subject of Case No. GMD2019100093 and is located at 3971 SE COMMERCE AVE, STUART, FL 34997, Martin County, Florida. The second parcel is the subject of Case No. GMD2020010197 and is located at 3951 SE COMMERCE AVE, STUART, FL 34997, Martin County, Florida.
In reference to Case No. GMD2019100093, on November 20, 2019, an Order Finding Violation was issued by the Code Enforcement Magistrate to BARRIO2BEACH LLC and CAPITAL SCRAP METAL, LLC, for the following violation:
Land Development Regulations, Martin County, Fla. (2019)
Section 10.1.C.1 - Development Order Required.
Compliance was required by December 2, 2019. On January 16, 2020, an Affidavit of Compliance/Accrued Fine and Costs was issued reflecting an outstanding fine of $11,000.00 plus costs in the amount of $575.00.
In reference to Case No. GMD2020010197, on May 20, 2020, a Stipulation and Agreed Final Order was issued by the Code Enforcement Magistrate to BARRIO2BEACH, LLC and CAPITAL SCRAP METAL, LLC, for the following violation:
Land Development Regulations, Martin County, Fla. (2016)
Section 3.421. M-2 Industrial District
Compliance was required by June 8, 2020. On September 1, 2020, an Amended Affidavit of Compliance/Accrued Fine and Costs was issued reflecting an outstanding fine of $40,000.00.
After considering the relevant factors and engaging in considerable discussion with Respondent’s legal counsel, Staff determined that a lien reduction to a total of $19,325.00 was warranted. Payment of the total amount of $19,325.00 would resolve the combined outstanding fines which have accrued in Case Nos. GMD2019100093 and GMD2020010197.
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 liens on both parcels be reduced to a total of $19,325.00 and accepted as full payment for Case Nos. GMD2019100093 and GMD2020010197.
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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