Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - January 28, 2014
January 28, 2014 - Regular Meeting
Agenda Item #14

Ryan Diedrich - Code Enforcement Case No. CE2012030729


Contact and/or Presenter Information
Joe Fenton, Division Manager, Ext. 6854

Action Requested

Motion to reduce the fines for this case to $1,500.00, per staff recommendation, subject to the following conditions:

1.  The reduced fines shall be paid within 30 days or will revert back to the original fine amount of $24,075.00 for CE2012030729.

2.  Recording fees need to be collected, which total $60.00.

3.  Building and Development Services Department Director is authorized to sign satisfactions of liens if the reduced fines are paid.

Enabling/Regulating Authority

Section 162.09, Florida Statutes (2009)

Background Discussion

Below is a summary of Code Enforcement Case No. CE2012030729 against Ryan M. Diedrich regarding property located at 6102 13th Avenue East, Bradenton (DP#1426200509):

  • March 22, 2012, Code Enforcement received an e-mail complaint from Environmental Planning about wetlands that had been altered.
  • March 28, 2012, the zone officer cited the property owner for wetlands that had been extensively cleared in the conservation easement on the property in violation of Section 719.3 (Wetland Protection - General Prohibition) and Section 719.11.1.3 (Wetland Protection - Conservation Easement) and Section 1206.5 (Additional Penalties - Wetlands Protection) of the Manatee County Land Development Code.
  • April 3, 2012, a Letter of Violation was sent out certified mail to the property owner and nothing was returned back to Code Enforcement.
  • April 24, 2012, Environmental Planning contacted the zone officer and advised they were going to do a site visit with SWFWMD because the property owner had not stopped filling in the wetlands.
  • May 30, 2012, staff received an e-mail from the Florida Department of Environmental Protection. It contained a copy of the warning letter sent to the new property owner. (Staff was advised the property was sold to another party on January 23, 2012, but did not show up until recently.)  A Letter of Violation was sent out certified mail to the new property owner and the envelope was returned unclaimed.
  • July 12, 2012, Code Enforcement staff was copied on an e-mail that was sent from the Environmental Program Manager to the property owner.  The e-mail was advising Mr. Diedrich of the violation on his property, that the activities must cease immediately, and that he must contact the county to set up a joint meeting to resolve these violations.
  • July 27, 2012, Code Enforcement and Planning staff, DEP, and E Co Consultants met with the property owner and he was given three weeks to come up with a plan to restore the wetlands.
  • September 20, 2012, Code Enforcement was copied on an e-mail sent from the Environmental Program Manager to the consultant for the property owner. E Co Consultants Inc had provided a plan of action to him and he answered back that the plan was acceptable as submitted.
  • December 21, 2012, the zone officer spoke with Environmental Planning. The wetlands were still in the process of being restored.
  • January 24, 2013, the zone officer received an e-mail from the Environmental Program Manager stating he was waiting to hear from the property owner.
  • February 1, 2013, the zone officer scheduled this case to go before the March 27, 2013, Special Magistrate hearing. No restoration had taken place and Environmental Planning stated this should go forward.
  • February 7, 2013, a Letter of Violation was sent out certified mail to the property owner and the envelope was returned back to Code Enforcement unclaimed.
  • March 14, 2013, the zone officer posted the property and the lobby of the County Administration Building with a Letter of Violation and Notice of Hearing for the March 27, 2013, Special Magistrate hearing.
  • March 27, 2013, the Special Magistrate found in violation of Sections 719.3, 719.11.1.3, and 1206.5 and set a compliance date of June 21, 2013, or a minimum fine of $150 and a daily fine of $75 would be imposed for each section.
  • July 2, 2013, the zone officer received an e-mail from Environmental Planning stating the plantings were not finished and the zone officer completed an Affidavit of Non-Compliance to start the fines as previously ordered for Sections 719.3, 719.11.1.3, and 1206.5.
  • October 21, 2013, the zone officer was advised the property was in compliance and stopped the fines as of October 5, 2013, on Sections 719.3, 719.11.1.3, and 1206.5. The fines totaled $24,135.00 for all three sections together.
  • November 15, 2013, the Division Manager received an e-mail from Mr. Diedrich asking to go before the Special Magistrate to request the fines be reduced to $0.00 and placed this on the November 27, 2013, Old Business Special Magistrate.
  • November 27, 2013, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction of 10% to $2,407.50.  Staff and Mr. Diedrich have agreed on an offer of $1,500.00, plus recording fees.  Staff recommends a fine reduction to the $1,500.00 plus $60 for recording fees.

County Attorney Review
Not Reviewed (Utilizes exact document or procedure approved within the last 18 months)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
Please forward a stamped copy of the agenda to Administrative Specialist Laurie Menard (laurie.menard@mymanatee.org) in the Code Enforcement Division following disposition.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  BOCC Attachments 1-28-14 Diedrich.pdf