PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF MILTON R LYENS CASE NUMBER 11-0051116
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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 Milton R Lyens.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Gregory Lyens
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request Milton R Lyens:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 3069 SE Fairmont Street, Stuart, Martin County, Florida.
On June 20, 2012, an Order Finding Violation was issued by the Code Enforcement Magistrate to Lyens, Milton R, for the following violation(s): Section 105.1 FBC - Permits When Required Incor. By Sec 21.1 General Ordinances, Martin County Code.
Compliance was required by July 20, 2012. On February 12, 2024, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $ 421,800.00 plus costs in the amount of $ 500.00.
This case was regarding a fence permit that was pulled two owners before Milton Lyens owned the property. Milton Lyens purchased the property on September 2, 2011. Greg Lyens received the property pursuant to a Warranty Deed Enhanced Life Estate on October 4, 2023, recorded in Official Records Book 3401, Page 1919, Martin County, Florida Public Records, Respondent has no remaining interest in the property.
Staff has determined that a lien reduction is warranted. Current Owners was not responsible for the violation; however, he brought the property into compliance and have offered to pay $2,500.00 to resolve the outstanding fines which have accrued. Staff has determined that do to the fact that both Mr. Lyens’ where not the original people to apply for and receive the permit that a reduction lower than the standard 10% is warranted.
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 $2,500.00 and accepted as full payment.
ALTERNATIVE RECOMMENDATIONS
Pull this item the 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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