PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF MARJORIE GARLAND CASE NUMBERS 08-0025896,09-0031436, 10-0040735
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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 Marjorie Garland.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Mohammad Sallam President of Protobloom Technologies
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Marjorie Garland Fine Reduction Request:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 45 NE 16th, Stuart, Martin County, Florida.
On April 15, 2009, an Order Finding Violation for code enforcement case 08-0025896 was issued by the Code Enforcement Magistrate to Marjorie Garland, for the following violation(s): Section 105.1. Florida Building Code (FBC), - Required, as incorporated by Section 21.1, General Ordinances, Martin County Code. General Ordinances, Martin County Code, Section 21.113. Foundation Walls. General Ordinances, Martin County Code, Section 21.133. Stairs and Walking Surfaces. General Ordinances, Martin County Code, Section 21.135. Interior Doors. General Ordinances, Martin County Code, Section 21.223. Electrical System Hazards. General Ordinances, Martin County Code, Section 21.115. Roofs and Drainage, General Ordinances, Martin County Code.
Compliance was required by May 15, 2009. On September 15, 2009, an Affidavit of Compliance/ Accrued Fines was issued reflecting an outstanding fine of $72,600.00 plus costs in the amount of $575.00.
On September 16, 2009, an Order Finding Violation for code enforcement case 09-0031436 was issued by the Code Enforcement Magistrate to Marjorie Garland, for the following violation(s): Section 105.1. Florida Building Code (FBC), - Required, as incorporated by Section 21.1, General Ordinances, Martin County Code. General Ordinances, Martin County Code, Section 67.201.B - Nuisance Declared: Trash, etc. General Ordinances, Martin County Code.
Compliance was required by September 30, 2009. On September 15, 2016, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $259,900.00 plus costs in the amount of $575.00.
On November 17, 2010, an Order Finding Violation for code enforcement case 10-0040735 was issued by the Code Enforcement Magistrate to Marjorie Garland, for the following violation(s): Section 67.201.A - Nuisance Declared: Weeds, Undergrowth, General Ordinances, Martin County Code.
Compliance was required by December 3, 2010. On June 12, 2019, an Affidavit of Compliance/ Accrued Fines was issued reflecting an outstanding fine of $310,500.00 plus costs in the amount of $575.00.
Protobloom Techologies, Inc are the Current Owners of the property. Pursuant to a Tax Deed recorded in Official Records Book 3355, Page 527, 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, the County has received $32,512.33 in overage money paid from the sale of the Tax Deed. The owners are requesting that the remaining fines be reduced to zero. In addition, staff has considered the $20,000 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 zero 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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