PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF ERIC & GABRIELA GERSON, CASE NUMBER ENF2023100860
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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 Eric & Gabriela Gerson.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Eric & Gabriela Gerson
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Fine Reduction Request Eric & Gabriela Gerson:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 3502 SW Coco Palm Dr., Palm City, FL 34990, Martin County, Florida.
The Board has adopted Chapter 1, Article 4, Section 1.98, General Ordinances, to implement liens for code enforcement violations. The Board previously adopted a formal policy for code enforcement lien reductions to the lesser of 10% of the total lien amount, or 10% of the value of the violating property.
On February 21, 2024, an Order Finding Violation was issued by the Code Enforcement Magistrate to Eric and Gabriela Gerson for the following violation(s): Section 105.1 FBC - Permits - Permits When Required Incorporated by Sec. 21.1, General Ordinances, Martin County Code.
Compliance was required by March 29, 2024. On September 13, 2024, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine/costs in the amount of $16,975.00.
Staff has determined that a lien reduction is warranted for the following reasons. Respondents were responsible for the violation; and they brought the property into compliance and have offered to pay $1,700.00 to resolve the outstanding fines/costs which have accrued by making $100.00 payments each month for 17 consecutive months, said payments to be made on or before the 15th day of each month.
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 $1,700.00 and accepted as full payment of the County’s Code Enforcement Lien.
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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