Martin County

File #: 20-0285   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 2/18/2020 Final action:
Title: REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF BRENDA J LAZZARA, CASE NO. 17-0115340
Attachments: 1. SIGNED FINE REDUCTION 17-0115340.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF BRENDA J LAZZARA, CASE NO. 17-0115340

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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 and Agreed Recommended Order regarding the Code Enforcement case of Brenda J. Lazzara.

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DEPARTMENT: Building                     

PREPARED BY:                      Name: Dawn Matias                     

                     Title:                     Business Operations Manager                     

REQUESTED BY: Bank of New York Mellon TTEE c/o Select Portfolio Servicing, Inc.                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Bank of New York Mellon TTEE c/o Select Portfolio Servicing, Inc. Fine Reduction Request:

 

This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 3042 NE Savannah Road, Jensen Beach, Martin County, Florida.

 

On January 17, 2018, an Order Finding Violation was issued by the Code Enforcement Magistrate to Brenda J Lazzara, for the following violation(s):  Section 21.99 - Accessory Structures, Section 21.121.2 - Openable Windows, Section 21.223 - Electrical System Hazards, Section 67.201.A - Nuisance Declared:  Weeds, Undergrowth, General Ordinances, Martin County Code.

 

Compliance was required by February 28, 2018.  On November 7, 2019, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $202,600.00 plus costs in the amount of $575.00.

 

Staff has determined that a lien reduction is warranted.  Current Owners were not responsible for the violations; however, they brought the property into compliance and have offered to pay $5,000.00 to resolve the outstanding fines which have accrued.   In addition, staff has considered the $39,220.00 assessed value of the structure.

 

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 lien on the property be reduced to $5,000.00 and accepted as full payment.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and provide staff with further direction.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

Funding Source

County Funds

Non-County Funds

 

 

 

 

 

 

 

 

 

Subtotal

 

 

Project Total

 


ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.