Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
June 17, 2014 - Regular Meeting
Agenda Item #31

Dunbar Land Holdings LLC, Code Enforcement Case Number CE2011030218


Contact and/or Presenter Information
CJ Dupre, Building Services Division Manager/County Building Official

Action Requested

Motion to reduce the fines for this case to $1,254.00 (as previously recommended by the Special Magistrate on April 23, 2014), subject to the following conditions:

  1. The reduced fines shall be paid within 90 days or will revert back to the original fine amount of $12,545.00 for CE2011030218.
  2. Recording fees need to be collected, which total $20.00.
  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. CE2011030218 against Dunbar Land Holdings LLC, regarding property located at 1760 Whitfield Avenue, Sarasota (DP#1979810059):

  • March 8, 2011, Code Enforcement received an e-mail complaint from the Public Works Department regarding an access and draining issue connected to expired Permit #04120139.
  • March 28, 2011, the zone officer observed construction of a driveway and cited the property owners for a driveway that was constructed without a valid permit or certificate of occupancy or completion on the property in violation of Section 512 (Building Permits) and Section 513 (Certificate of Occupancy/Completion) of the Manatee County Land Development Code.
  • April 1, 2011, a Letter of Violation was sent out certified mail to the property owners and was signed by Jan Covert on April 5, 2011.
  • May 2, 2011, the zone officer did a re-investigation and found no change and scheduled this case to go before the June 22, 2011, Special Magistrate hearing.
  • May 10, 2011, a Notice of Hearing for the June 22, 2011, Special Magistrate was sent out certified mail to the property owners and was signed by Casey Dunbar on May 16, 2011.
  • May 20, 2011, Code Enforcement received a letter from Casey Dunbar, the registered agent, entering a Plea of Not in Violation, and this case was forwarded to the July 13, 2011, Code Enforcement Board hearing.
  • July 12, 2011, Code Enforcement's legal counsel advised staff to send a corrected letter of violation to include Section 706.3.1 (Access and Drainage Regulations - Permit Required) and Section 711.2 (Driveway Access Regulations - Permit Required).
  • July 15, 2011, a Notice of Hearing for the Code Enforcement Board for August 10, 2011, along with a corrected Letter of Violation was sent out certified mail and was signed by C. Dunbar on July 21, 2011.
  • August 8, 2011, staff received an e-mail from Casey Dunbar requesting additional time since he had been given the information needed on his only two options.  The zone officer continued this case until the September 14, 2011, Code Enforcement Board.
  • August 12, 2011, a Notice of Hearing for the Code Enforcement Board for September 14, 2011, was sent out certified mail and regular mail, but neither the green card nor the envelope were returned.
  • August 31, 2011, the zone officer posted the property and the lobby of the County Administration Building with the Notice of Hearing.
  • September 13, 2011, legal counsel was not comfortable with the form of service and removed this case from the September agenda and staff had to continue this case a few more times. (Amended Letter of Violation was created, taking out Sections 512.1 and 513.1).
  • December 14, 2011, the Code Enforcement Board found in violation of Section 706.3.1 and Section 711.2 and set a compliance date of March 9, 2012, or a minimum fine of $150 and a daily fine of $25 would be imposed.
  • March 14, 2012, the zone officer did a re-inspection and found the driveway remained on property without the required permit and completed an Affidavit of Non-Compliance to start the fines as previously ordered for Sections 706.3.1 and 711.2.
  • July 18, 2013, fines were stopped due to the property being sold. Fines totaled $12,545.00.
  • October 29, 2013, property was sold again and Permit #13110012 was obtained.  The property was determined to be in compliance.
  • March 18, 2014, Code Enforcement received an e-mail from new property owner John Ritzenthaler requesting a fine reduction. The Division Manager reviewed the file and told Mr. Ritzenthaler he would accept a reduction to ten percent of the total fine amount. Mr. Ritzenthaler agreed to $1,254.00, plus $20 for recording fees, and this case was placed on the April 23, 2014, Old Business Special Magistrate.
  • April 23, 2014, the Special Magistrate found justification existed for this case to be referred to the Board of County Commissioners for a recommended fine reduction to $1,274.00, which staff supported.

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 6-17-14 Dunbar.pdf