Code Enforcement Board - Special Meeting

Testing one two.

Alright. Good morning, everyone. Let's bring the 02/05/2025 special magistrate hearing to order. We'll start first with old business case number CEPM24Dash00522 Hanuman Family Trust.

And and your honor just noted on your that is actually into compliance. Okay. So that's why I had just had a violation by compliance before hearing.

Alright. Alright. Then I guess we ought to have some testimony just brief that it's in compliance so I can say based on the sworn testimony that was presented. Good morning, sir.

Good morning. Sworn officer, Willie Acosta, Venice, code enforcement. The 219, property on West Venice Avenue, having it in property, has come into compliance. I've made multiple site visits. They have received their permit to repair the roof, which they have. They have repaired it, and they have foamed it. They have cleaning crews inside the property, and I also believe the property has been sold.

Okay. Good. Alright. Then if there's nothing further, I'll I'll enter the following. Based on the sworn testimony and evidence presented, I find that respondent is compliant with the administrative order entered on 12/04/2024.

Respondent is put on notice that future violations of chapter 88, section 3.3, or chapter 34, section 34 dash 81 of the city code of ordinances will cause the respondent to be deemed a repeat violator and subject to a fine of up to $500 per day for each new violation beginning on the day the violation occurred. Alright. That's the first matter. Let's move on to CEEN24Dash00461, Gail Kitchen. Is anyone present today for that matter today? No. Alright. Then let's have the city present its testimony.

Again, court enforcement officer Willie Acosta presenting case number CEEN2400461. Gail Kitchen property. My last site visit was yesterday, the February 4. There has been no change on the property at all. The property has been posted. Emails have been sent. Certified letters have been sent. I received a correspondent this morning from the son who states the mother was in the hospital, and he wanted to cancel the hearing as of 06:45 this morning. I told him it was not possible. He had ample enough time to understand the location and time of hearing.

I did take pictures yesterday of the property so we can go through it, so you can see how the property officially stands as of today. Beehive is still active in the property. No abatement or removal by the protected species yet has been removed. It's quite a large beehive. The fence line is still in disrepair. It actually has gotten worse. It's fallen even more into their property. As you see, the bees are now within the home. There are many dead bees inside the window. They're just dead in there because they can't get out.

As you see, they use some type of tape, I guess, to secure a vent that goes through a dryer, I'm assuming. And they're all getting caught in there and just dying in the window. This is the entrance to the side yard, which is open. You can see it directly from the front door. It's still in disrepair. And there's debris all over the property. Open bucket. Water is still there. Yard waste is still there. Nothing has changed. Overgrowth is still there. That is the front of the property. As you see in the left corner, the property has been posted. It's quite visible. Anybody who goes by can see that there is a violation.

That is the side yard entrance to the front door, dead yard waste everywhere, overgrowth. This is also on the side of the property. Nothing's changed. Debris everywhere. Just it's just laying there. Nothing's changed at all. And the front yard, as you walk up into the house, debris and trash everywhere.

What's the address of the property?

545 it comes in as 545 Riviera Street, but it's Unit B. There's two two homes that sit on the same address. Two different parcels, but same address. So it's 545 A and 545 B.

How long has it been in that condition?

We have I can only go back for code enforcement for violations, the same exact violations, going back to 2023.

Alright. Anything further on behalf of the city?

No, your honor.

What is the city recommending? I think max two fifty.

Yes, sir.

Since the violations were on other properties, so the max we do on this one's 250. So the city is recommending 250, your honor.

Okay. And I'll enter the following. Based on the swarm testimony and evidence presented, I find that respondent has not brought the property into compliance as previously ordered 01/13/2025, for the violation of chapter 34, section 34 dash 81 of the city code ordinances. A fine is hereby imposed in the amount of $250 per day beginning on 02/04/2025, and terminating on the day the property is found to be in compliance by the code enforcement officer. In determining the amount of the fine, I have considered the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator.

A certified copy of this order shall be recorded in the public records of Sarasota County, Florida, and thereafter shall constitute a lien against the subject property and upon any other real or personal property owned by the respondent. All right, that concludes all old business. We'll move on to number CEBD24-five25, Carina Roofing. I call the citation, please, and ask the city to present its citation request.

Morning, your honor. Morning. My name is Michael Halpin. I'm a community resource officer for the city of Venice, and I'd like to provide you some information on this case, CEBD2400552. On Wednesday, 11/13/2024, I responded to the Ridgewood Mobile Home Park located within the confines of the city of Venice for a complaint for work being performed without a permit.

On-site, park manager Andrew Barakta Koehler informed me that a complete reroof was done on a trailer located at 854 Jacaranda Circle, Venice, Florida 34285 over the weekend of 11/09/2024, and no permit was on file. I tried to make contact with the owner, but she wasn't present at the time of the inspection. I took photographs and left a door hanger and then fixed it to the front door asking her to contact me. While I was on the site, I was provided the owner information. It was Patricia Bartdorf of 854 Jacaranda Circle and provided a phone number which is known to this officer.

On Friday, 11/15/2024, I called the owner and was unable to leave a message because the mailbox was full. I then sent a text message to the number requesting contact so I can explain what the violation was and to get the information of the company that who performed the work. Later on that day, was able to speak with the homeowner, and she provided the information on the company. It was Carina Roofing LLC of 320 Northeast 31st Street, Pompano Beach, Florida 33064. I wasn't able to locate any license information on the DBPR website.

The company also has an expired listing in Sunbiz. The company was not listed with the city of Venice building department as a licensed contractor to work within the city. And then I tried to call the phone number provided, and it went to a full voicemail. On Tuesday, 11/19/2024, I prepared a courtesy letter along with three civil citations for violating Venice, Florida Code of Ordinances Subpart B, Land Development Chapter 88, Building Regulation Section four Contractors 4.1.2, Unlicensed contractor, a class four violation in the amount of $1,500 another one, four point two, unregistered contractor, a class two violation for $150 and 4.2.4, unpermitted work,

another class two violation, again, a $150. These citations, along

with the courtesy letter, were sent to the company via certified mail explaining the violations. On Tuesday, 11/26/2024, I confirmed that the certified letter with tracking number 9000200Fourteen-eight900One-nine400Three-eight3 and eighty eight-seven thousand seven and ninety five-fifty two was delivered to an individual at the site of the Pompano Beach address. On Thursday, 12/26/2024, after the Thanksgiving and Christmas holidays, I spoke with the homeowner for a follow-up. She was updated on my actions and also tried to make contact with company without success. She was advised to sink out another licensed contractor for a personal permit filing to get the roof approved with the building department.

On Wednesday, 01/08/2025, I again attempted to contact the contractor with no success, notified the homeowner the same. The owner also advised me she was in contact with the park manager on working on getting a contractor for permitting purposes. She was also advised at that point to get in touch with the building department for the list of approved contractors. On Friday, 01/10/2025, since no contact with the company had been made and none of the citations were appealed or paid, I completed an affidavit of noncompliance attaching the original courtesy letter and sent it via certified mail to the company. This affidavit contained today's date and time for this hearing, and I updated the owner of the status.

On Wednesday, 01/22/2025, the certified letter with tracking number 92148901940383958288687 was returned undeliverable. Your honor, since the company has not appealed or paid these citations or returned any call or text from myself or responded in any manner to the certified letter affidavit of noncompliance, I am recommending you find them in violation and to a judgment in the amount of 3,000, which represents the contested amount of the original citations be levered against the company Carina Roofing LLC. Thank you.

Thank you. Just for clarification, I thought, and maybe I was mistaken, that you said that the fines that you were seeking initially were $1,501.50, and $1.50. Was I mistaken?

Correct. A total of $1,800 Right.

So how do we get the 3,000?

Because the contested amount on the back of the citation. Fair enough.

Okay. Are there any costs, are the costs included in that 3,000?

I mean, just administrative costs, but we just generally just go for the citation amounts, not the administrative costs.

Alright. Anything further on behalf of the city?

No, your honor.

Alright. Based upon the affidavit of non compliance and the sworn testimony and evidence presented, I find that the citation has not been paid or timely appealed. I therefore hereby accept and assess the civil penalty recommended by the code enforcement officer for the citation.

Thank you. Thank you, your honor.

That's it for the day. That's it, your honor. We'll adjourn the hearing. Thank you.

Amanda, do we need to announce the next

Oh, yes. The next the next hearing will be 03/05/2025 at 10AM. Thank

you, everyone.

So I so for this one, just I I included the citation section.