PLACEMENT: Consent
TITLE:
title
REQUEST FOR APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF PHILIP H. REID JR. (TR), FRANK P. CLAIR (TR) OF THE TRUST CREATED UNDER THE WILL OF FRANCIS J. CLAIR, CASE NUMBER 14-0081560
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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 Stipulation and Agreed Recommended Order regarding the Code Enforcement case of Philip H. Reid Jr. (TR), Frank P. Clair (TR) of the Trust created under the will of Francis J. Clair.
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DEPARTMENT: Building
PREPARED BY: Name: Rachel Spradley
Title: Nuisance Abatement Coordinator
REQUESTED BY: Shelby Birnbaum, as Trustee of the Trust created by the will of Francis J. Clair
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Philip H Reid Jr. (TR), Frank P. Clair (TR) trust created under the will of Francis J. Clair
This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 3353 SE Ellendale St., Stuart, Florida.
On November 19, 2014, an Order Finding Violation was issued by the Code Enforcement Magistrate to PHILIP H REID JR (TR) AND FRANK P CLARK (TR) of the TRUST CREATED UNDER THE WILL OF FRANCIS J CLAIR, for the following violation(s): 67.201.A- Nuisance Declared: Weeds, Undergrowth, General Ordinances, Martin County Code.
Compliance was required by December 17, 2014. On June 16, 2015, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $17,900.00 plus costs in the amount of $ 575.00.
Staff has determined that a lien reduction is warranted. The Respondent’s new trustee for the property was not responsible for the violation; however, the trustee has offered to pay $1,847.50 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 recommendations that the lien on the property be reduced to $1,847.50 and accepted as full payment.
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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