PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF PHYLLIS M KALBACH CASE NUMBER 09-0030046
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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 Phyllis M. Kalbach.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Phyllis M. Kalbach
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request Phyllis M Kalbach:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 4211 NE CHERI DRIVE, JENSEN BEACH, FL 34957, Martin County, Florida.
On October 21, 2009, a Stipulation and Agreed Final Order was issued by the Code Enforcement Magistrate to Phyllis M. Kalbach, 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 April 21, 2010. On December 2, 2024, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $532,600.00.
Janet Calvert is the Current Owners of the property. Pursuant to a Trustee’s Deed recorded in Official Records Book 3432, Page 2110, Martin County, Florida Public Records, Respondent has no remaining interest in the property.
Staff has determined that a lien reduction is warranted. Current Owners were not responsible for the violation; however, they brought the property into compliance and have offered to pay $25,798.00 to resolve the outstanding fines which have accrued. In addition, staff has considered the $257,980.00 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 $25,798.00 and accepted as full payment.
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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