Martin County

File #: 22-0907   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 6/21/2022 Final action:
Title: REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF MITCHELL ROBERT LANDIS CASE NUMBER 08-0021539
Attachments: 1. SIGNED FINE REDUCTION 08-0021539.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST FOR FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF MITCHELL ROBERT LANDIS CASE NUMBER 08-0021539

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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 Mitchell Robert Landis.

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DEPARTMENT: Building                     

PREPARED BY:                      Name: Rachel Spradley                     

                     Title:                     Nuisance Abatement Coordinator                     

REQUESTED BY: Louise Edwards                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

Mitchell Robert Landis Fine Reduction Request:

 

This Fine Reduction Stipulation and Agreed Recommended Order involves a parcel located at 5455 SW Ranchito St. Palm City, FL 34990, Martin County, Florida.

 

On May 18, 2022, an Order Finding Violation was issued by the Code Enforcement Magistrate to Robert Mitchell Landis, for the following violation(s): Section 67.201.B - Nuisance Declared: Trash, etc., General Ordinances, Martin County Code; Section 105.1 FBC - Permits When Required, incorporated by Sec 21.1 General Ordinances, Martin County Code; and Section 67.201.A. - Nuisance Declared: Weeds, Undergrowth,  General Ordinances, Martin County Code.


Compliance was required by December 19, 2008.  On October 23, 2020, an Affidavit of Compliance/Accrued Fines was issued reflecting an outstanding fine of $ 1,297,400.00.

Louise Edwards are the current owners of the property.  Pursuant to a Quit Claim Deed recorded in Official Records Book 3153, Page 1257, Martin County, Florida Public Records, Mitchell Robert Landis has no remaining interest in the property.

 

Staff has determined that a lien reduction is warranted.  The current owners were not responsible for the violation; however, they brought the property into compliance and have offered to pay $4,000.00 to resolve the outstanding fines which have accrued.  In addition, staff has considered the $40,000.00 assessed value of the property.

 

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 $4,000.00 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:     

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>.