PLACEMENT: Consent
TITLE:
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REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF MARIA G COLLINS AKA ABELIN GORETTI, ANTHONY BAXTER, SOUTH FLORIDA LAND CLEARING, EDDIE HUGGINS LAND CLEARING CO LLC, SOYNE OMAR VILLALOBOS, CASE NO. 13-0070975-CE-1
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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 Maria G. Collins aka Abelin Goretti, Anthony Baxter, South Florida Land Clearing, Eddie Huggins Land Clearing Co. LLC, Soyne Omar Villalobos.
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DEPARTMENT: Building
PREPARED BY: Name: Dawn Matias
Title: Business Operations Manager
REQUESTED BY: Be A Man Buy Land
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Be A Man And Buy Land Fine Reduction Request:
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at NO ADDRESS, Martin County, Florida and further described as: THAT PORTION OF THE SW ¼ OF THE SW ¼ OF THE NE ¼ OF SECTION 31, TOWNSHIP 39 SOUTH, RANGE 42 EAST LYING NORTH OF ROAD; LESS 300 FOOT STRIP AS DESCRIBED IN OR BOOK 698, AT PAGE 2564, OF THE PUBLIC RECORDS OF MARTIN COUNTY, FLORIDA.
On February 19, 2014, Order Not to Repeat Violation and to Pay Costs was issued to South Florida Land Clearing, Eddie Huggins Land Clearing Co. LLC and Soyne Omar Villalobos for Code Section 151.201 Unsanitary nuisances and dumping prohibited, General Ordinances, Martin County Code. On February 27, 2014, an Order Finding Violation was issued by the Code Enforcement Magistrate to, Maria G. Collins aka Abeline Goretti as the owner of the property, Anthony Baxter as the tenant on the property, for the following violation(s): Section 123.2 - Local Business Taxes, General Ordinance, Martin County Code, Section 4.342.B - Excavation and/or filling, Section 10.11.A - Requirements for Developments and Plat., Land Regulations, Martin County Code, Section 151.201 - Unsanitary Nuisances and Dumping prohibited, Section 67.201.B - Nuisance Declared: Trash, Etc., General Ordinances, Martin County Code.
Compliance was required by March 19, 2014. On October 2, 2014, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $97,500.00 plus costs in the amount of $575.00.
Be a Man Buy Land is the Current Owner of the property. Pursuant to a Tax Deed recorded in Official Records Book 3025, Page 2476, Martin County, Florida Public Records, Respondent has no remaining interest in the property.
Staff has determined that a lien reduction is warranted. Current Owner paid $15,800.00 for the property and the County received a surplus payment from the purchase of the property in the amount of $11,768.05. Be a Man Buy Land requests a fine reduction in the amount of zero and the County has agreed that this is warranted due to the overage received.
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 in full.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with further direction.
FISCAL IMPACT:
RECOMMENDATION
None
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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