Martin County

File #: 20-0417   
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 LESLEY STUART, CASE NO. ENF2018051846
Attachments: 1. SIGNED FINE REDUCTION ENF2018051846.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF LESLEY STUART, CASE NO. ENF2018051846

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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 Lesley Stuart.

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DEPARTMENT: Building                     

PREPARED BY:                      Name: Dawn Matias                     

                     Title:                     Business Operations Manager                     

REQUESTED BY: Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-B                                           

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-B Fine Reduction Request: 

 

This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 19027 SE Bryant Drive, Tequesta, Martin County, Florida.

 

On August 15, 2018, an Order Finding Violation was issued by the Code Enforcement Magistrate to Lesley Stuart for the following violation(s):  Section 21.115 - Roofs And Drainage, Section 67.201.A - Nuisance Declared:  Weeds, Undergrowth, General Ordinances, Martin County Code.

 

Compliance was required by September 28, 2018.  On June 25, 2019, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $54,200.00 plus costs in the amount of $575.00.

 

Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust Series INABS 2006-B is the Current Owner of the property.  Pursuant to a Certificate of Title recorded in Official Records Book 3054, Page 1685, 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 $5,477.50 to resolve the outstanding fines which have accrued.

 

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 $5,477.50 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>.