Code Enforcement Board - Special Meeting

We are ready to start when you are special magistrate.

Good morning, everyone. The 03/05/2025 code enforcement special

have

we have the

we

first Justin Hamilton as president first has signed to testify here today, so I'll ask the city to present its case. Thank you.

Good morning, your honor. For the record, David Lipker. I am a certified code enforcement officer for the city of Venice. The address of the violation is 1323 East Venice Avenue, Venice, Florida 34285. The zoning is RSF2 residential single family.

The owner of record is Justin and Caitlin Hamilton. And on Wednesday, 01/08/2025, I responded to 1323 East Venice Avenue for an offensive accumulation complaint. I observed tall weeds and grass over 12 inches in the front yard, which I did measure. And the grass inside the fenced in backyard visually appeared to be taller than the front and conservatively over 12 inches tall. Trash and debris, which included garbage in a moldy cabinet on the front lawn near the garage, and a washing machine, which was unhooked near the front yellow door hanger

was

left. Next, on Tuesday, January 21, I conducted a follow-up investigation. No progress on the violations appeared to have been done. Therefore, a courtesy letter was prepared and later in the day served in person to the owner, Justin Hamilton. He acknowledged the yellow door hanger in the past, but said he has been working double shifts at his job and had other issues.

Received the letter and understood, agreeing that the ten days in addition was enough time to fix the violations. I then followed up on Monday, February 2025. There was no progress except for the washing machine was removed. So on February 5, a notice of violation and a notice of hearing was sent to the address via certified mail. And the NOV and the notice of hearing and notice violation was posted at City hall.

On Thursday, 02/13/2025, I was conducting an investigation at 100 Peach Street for a different case which borders 1323 East Venice Avenue. The owner of 1321 East Venice Avenue was the complainant for both cases and allowed me access to his backyard. From this backyard, I observed the tall grass and unkempt nature of the backyard grass. The grass appeared to be well in excess of 12 inches throughout. So based upon my observation and that of the complainant, the unattended growth of vines, weeds, growth and accumulation of grass in excess of 12 inches of height from the ground may reasonably create a breeding area for or infestation of mosquitoes, dangerous insects, rodents, reptiles, etcetera, which is likely to adversely affect the values of the neighboring properties.

Later in that same afternoon, community resource officer Acosta located a phone number and email address, and we called Justin and we spoke to him on the phone. He was asked about the status of the complaint, and he was thoroughly instructed on what to do. He said he could get it done by Monday of the next week so he would rent or borrow his brother's compliance. Finally, he seemed unsure if he received a certified letter with a notice of violation and a notice of hearing, so I emailed both of them to him. On Thursday, February 2025, I conducted follow-up at the address.

As over the weekend, I received a text message from mister Hamilton. He advised essentially, quote, the yard work is complete. I made contact with Justin at the residence, and he walked me to the backyard and showed me the grass in the back, which was receding mowed. It was under 12 inches in height. However, in the front yard, as we turned back to the driveway, I pointed out areas that needed to be corrected, trash and debris on the ground, an overfull from the generic, not issued City of Venice trash recycle cans.

I advised Hamilton to have the trash picked up off the ground and thrown away as it was visible from the street. I also recommended taking the trash receptacles from generic trash cans and place them in approved discarded. Hamilton asked for a reinspection on Thursday, February 27, so I agreed and told Mr. Hamilton via text to focus on the issues in the front yard, the trash and debris, and the messy messy stacks of pavers intertwined with weeds, etcetera, which were visible from the street. And he replied via text, Roger that, sir.

However, there was no communication completed on that day or since. I took photographs of the property on January 2025, as well as 02/03/1320. And these photos fairly and accurately represent the conditions I observed, and I would like to submit these photographs as evidence. And this is the end of my testimony. I don't see any photographs. Sorry, sir.

So David, Officer Lipker, could you please explain to the magistrate what these pictures represent?

That is a moldy cabinet, the big white thing there, that has since been removed. Those pavers and the grass, which is intertwined in weeds, which is on the right photograph in excess of 12 inches. That remains to this day. The trash near the receptacles is still there as of this morning. That's just a general overview from the street on the eighth.

The washing machine, as I testified on the right hand photograph, has been removed. Another reinspection on the twenty first. Same issues with the garbage, etcetera, which is I'm taking this photograph from the sidewalk, which is East Venice Avenue, so it's visible for everybody driving East Venice Avenue. That is a picture of pretty much the sign yard and then into the backyard. As you see on the right hand photograph, the grass appears to several feet in height.

But again, as you'll see in later photographs, Mr. Hamilton did mow the backyard. Again, February 3, same photograph, same issue. There's the posting on February 5. That's the backyard shot from the neighbors and the complainant's rental.

And that is him mowing as he said he would. So this is a backyard. This was the final photographs, but as of this morning, it pretty much looks the same. The debris and trash and the pavers, etcetera, and the tall grass and weeds have not been rectified yet.

Autographs are admitted into evidence.

Officer Lipker, in order to come to compliance, what is the city seeking?

The city is seeking the front of the area to be cleaned up free of garbage and debris and the pavers, etcetera, to be moved and maybe stacked, was my recommendation, on the side of the house. It's not intertwined with weeds and debris and not visible from the street.

I have no further questions. Mr.

Hamilton, you have the right to ask Officer Lipper any questions should you desire to do so.

I think I understand what's of

I'm sorry?

I think I understand what's needed of me, Your Honor.

Is there anything you'd like to say on your behalf?

I explained to him why there's been a lack of progress on it. I apologize for that. I didn't take it as seriously as I needed to at first, and now I don't have the time to take it seriously as I'd like to. And I'm 70% disabled veteran. It's not I know I look young and I'm wearing vest, but it's not just easy for me to get on my horse and go move a bunch of pavers to the side of my house that are going to sit there and accumulate the same amount of weeds that they have in the side yard. I'm sorry. Can we get him a mic? We can't

hear him.

Yes. Yeah. Can you come up, sit up here, please, and speak into the microphone?

May first, state your name, please. I'm Justin Hamilton. I I've I've been my wife lost her job. I've been working double shifts. I'm 70% disabled per the VA from the United States Army for my first deployment. I can't just get on my horse and move these pavers like you might think I can. I took them to take a last ditch effort to stay in real estate because one of my clients that was selling their houses needed them moved, and I really need the listing, and I couldn't afford it. And I ended up not even selling the listings, so now I have these pavers on the side of my house. If I stack them closer to my house, I'm gonna have weeds closer to my house because they're gonna accumulate the same amount of issues. I'm trying to sell them.

I'm trying to just get rid of them. Don't know any place that just takes brick pavers. I have a thousand pound palm tree that fell during the storm that's gonna cost me about $1,560 to remove. I can't move that myself. So this is the accumulation of junk that my life has given me, and I really don't know. I don't know. I don't know how to remediate it. I apologize. The trash is not there because I don't care about my property. The trash is there because I filled up a trash can. It was more than 40 pounds. The city wouldn't take it. It rained the next day, and when it was wind. And now I have a 60 pound trash can that either I can move nor my wife can move nor the city will take. And now it's sitting on the side of my house accumulating more and more garbage.

I don't I I don't mean to be a one I don't I'm just speaking for myself. I don't mean to be disrespectful with my property. I'm just doing the best that I can with the situation I'm given right now.

Well, I don't think the city's interested in punishing you. I think the city's interested in having the situation remedied. So how how and when do you propose to address cleaning up the front of the home to remove the junk and debris and move the pavers.

Tonight, I worked my last shift at Asaro's Italian Pizzeria restaurant. I will be off on Thursday and Friday of this week for the first time in nine days. I plan on spending the entire day doing nothing but that. I'm finally in good health. I can take Friday to lay on my butt and and and rest my back, and I could I can have it done by tomorrow. The the last inspection per per mister Lipker, I apologize. There was some communication in there where he needed a call from me. I thought the I thought that I had set up an inspection anyways, and then when he didn't show up, I just said, no. I'm not gonna do any more work. I'll show up to the hearing.

So that's why I'm here, and I'm going to remedy my property by Friday.

Does the city have any questions?

No, your honor.

All right, thank you. Mr. Hamilton, anything the city wishes to present further?

Nothing further, your

honor. And what is the city recommending?

I think

next hearing? Yes. Yes, sir.

So our next hearing is May 7, so coming to compliance by May 6. So your honor, request we a compliance date of May 6. Okay.

All right. If there's nothing further, I'll enter the following. Based on the sworn testimony and evidence presented, I find respondent in violation of chapter 34, division two, offensive accumulation, section thirty four eighty one prohibited exceptions. Respondent is given until 05/06/2020 do that. Ir And to corrected by that date, We're a fine may be imposed of up to $250 per day for each violation.

For each day, the violation continues beyond the specified deadline. The case will be heard at the 05/07/2025 special magistrate hearing beginning at 10AM to determine if the order has been complied with and whether a fine should be imposed. Alright. Do you understand, mister Hamilton? You have hopefully, you'll do it by Friday, as you said, but you have until May 6 to come into compliance.

Yes, your honor. Thank

you. That ends that matter. Next, we move on to old business. First is case number CEBD2400259, Arthur J. McCaffrey. Has anyone signed up to speak in this matter?

Bondi is present.

Okay. Thank you. Alright. I'll ask the city to present its case. Thank you, your honor.

Good morning, sir. Good morning. Community resource officer, Jim Davis. I'm here to speak for CRO officer Acosta who brought this case and currently unavailable. Our report after investigation is we checked the permit database for both properties. Permit has not been applied for or obtained, and both dwellings are still present and have not been demolished.

Can someone remind me what the order was? I recall this was like a garage type structure.

And just to keep the record, we have 2425924545. It was 2454. 454. Excuse me. They are garage structures in the back of both properties. The properties are abut each other. There was a structure on each one of them, essentially garage areas, that were found to be in noncompliance.

Okay.

And the order for both is the same? Respondent shall come compliance with section 3.2 of chapter 88 of the city code by obtaining a permit to repair or demolish the structure on or before 03/04/2025.

Okay. Thank you. What was the date of that order?

January 13, your honor. So

he's had two months little less than two months. And all we he was asked to do was to obtain the permit? Yes, sir. Correct? Correct. And would the testimony be the same in case 454? Yes, sir. Okay. Anything else the city wants to present?

The only thing we are seeking since, again, there are two cases, we are seeking fines in both of them, and the city is seeking $250 for each case?

Yes, sir.

That will be our recommendation.

Okay. All right. Mr. McCaffrey, you're present. Do you have any questions of officer Davis?

Please sit up. Please sit up here. Before you testify, my question is, do you have any questions of Officer Davis before you testify?

Well, first of all, my understanding is that the 717 address was dropped.

Okay. If that's a question It's

incorrect, sir.

Okay.

Well, Applegate dropped it. He even said that in the last hearing on January 8.

Were that the case, I wouldn't have entered an order directing that you obtain the permit to repair or demolish the building. So no, that was not unless you have something that that that you can show me that says that the city has dropped that, I'm unaware of that, and we're proceeding here today.

I can clarify that, your honor. It is that is in regards to the Building. Building. Unsafe building code through official Abligate. Right. Our code enforcement cases have not been dropped.

Right. Okay. So what does that mean, though, that something was dropped but the other wasn't? Correct. I didn't understand. So it's Why? I don't Can

you explain it to them? We

had The city had two separate processes going on. We had an unsafe building structure, which is 3.4 of the building code, and that is the building official, Mr. Applegate, will go out and determine whether or not a structure is safe for human habibut is structurally sound, and then there's a process, there's a separate and individual process to go through, and whether or not that building needs to be demolished or repaired. This is a code enforcement hearing in regards to Section 3.2 that is whether or not the property is being maintained up to that code. This is a code so the code enforcement will not bring a case under 3.4, they will bring a case under three point two and three point three if it's commercial, but this isobviously since this is residential, it's 3.2.

So these are two separate tracks. We could have two separate cases going on at the same time. They don't affect each other. So what we had our hearing in January is that that was our code enforcement case.

Understood. Do you understand that, Mr. McKenna?

Thank you for explaining it, because no, I had no idea that's what it was all about. I thought Applegate told me that he dropped the case. He dropped

his side of the Right.

I understand now there's two

yeah. Right.

Okay. So anyway, I got the permit for other house in it. I have the permit number.

Can you show it to Mr. Lewis, please?

So

your honor, it's an application for a permit to be submitted. But again, the permits have not been issued, which

was My order was for a permit, not just an application.

Correct. And

has that permit been submitted to the city, or have you just has that application been submitted to the city, or have you just filled it out? It's all been approved. Well, hold on a second. When did you submit that to the city?

About 08:00 this morning.

Okay. So it hasn't. It has not yet been approved.

I have a permit number.

You have a permit application number?

I worked with Debbie and the computer support department. And even Applegate was helping as well. There were several people. And there were things that I was told that I would need to do, log in and do all these things, upload things. And Applegate had the computer guy come over, and he talked with Debbie. And Debbie uploaded. And she said she understood that I was coming to this hearing. And so she uploaded it, and she provided me the building permit numbers.

Right. Can you show me a building permit?

All I can show you is they wrote the building permit. Okay.

So you filed an application. You You've obtained an application. You've obtained a permit number, but you have not yet obtained the permit. Would you agree?

Okay. So when I get a permit, what do you mean? There's a piece of paper in my

hand? Yes. Where the city approves the work that you're proposing to do. I guess I'm concerned that this order was entered back in January and you've just applied for it today.

Yeah. And that's because I have several rental houses And I spent the first two months in Venice working on the two houses in Venice because of hurricane damage. And then St. Petersburg rental house unbelievable, what happened. And I've been up there for two months. And this is my first time coming back to Venice.

And you've not filed an application by the way, is this for number 259, or is this for number

44? Do we know? Yes. This is for 713, your honor, with the documentation I'm providing, which is 25 let me just make concern. Is 259, your honor. Okay.

Alright. Mister McCaffrey, anything else anything else you'd like to say?

I have believed that I did what you said. Have a permit number. So I don't know how it works behind the scenes, but I've applied for it. And Debbie even told me that it'll take some time to get the permit number. Explained that, oh, I didn't know it took so much. St. Pete is like ten minutes. And so I explained to her that I had this hearing. And I said I wasn't understanding. I didn't know that it was going to take some time.

And I only came down here to go to this here and to get the And she said that she was going to push it through. And so at the beginning, she was explaining that there was a process. But she pushed it through and got me a permit.

And your honor, building official Mr. Is here as well.

Okay. Mister Lois, do you have any questions of mister McCaffrey?

Nothing specific, your honor. I would just ask mister official to explain that. I wanna

be certain mister McCaffrey is finished. Is there anything further you wanted to say, Mr. McCaffrey?

Well, I just don't believe that I have done anything wrong.

Well, you understand the order said you had to have a permit by yesterday. Okay. Oh, what? No. By yesterday?

No, by today. No. Oh, really? Well, I didn't know that.

And when was a notice of hearing provided to Mr. McCaffrey?

For today's hearing. We gave him notice at the actual hearing

back So between January and today, there's been nothing to tell him about today's hearing or what obligations were other than the order that he was provided? Correct. I

never received any certified letter. In fact, the only reason I'm here here today and I was thinking in my head that this hearing was like 11:30AM. I never got a letter saying, I knew in my mind, I remembered that it was the fifth. But I had no idea what the actual time was.

Well, you were present when we had a hearing in January when I announced that this was coming back before me today at 10AM, were you not?

Oh, yes. But I mean, I didn't get any documentation for it.

Was that not sufficient notice for you?

To just verbally tell me and not give me any documentation?

Well, wasn't just verbal notice. There was an order answer.

I'm just a resident. I don't understand a lot of the process here. But out of my recollection of the January 8 hearing, I remember that the next hearing would be March 5. I thought I was remembering around 11:30 might be the hearing. But luckily, I came in here at 8AM this morning. I got this permit. And I believe that I did what I was supposed to do.

Okay. If there's nothing further, please step back. Good morning, your honor. Good morning.

Sir, could you please state your name for the record?

My name is Derek Applegate. I'm the building official for the city of Venice.

Okay.

And you're familiar with these properties, correct?

I am. Okay. It's about 713 Groveland and 717 Groveland?

Correct. Can

you advise the court whether or not permits

have been

issued by the city of Venice?

They have not. If

the application has been given to the city, how long does it usually take to get a permit

after an application's been brought? There was an application made. There will be a process that will go. I can't deny the permit the application from being submitted, but the next round of comments will be that we need documentation providing construction plans to bring the building from where it currently is to a level of compliance.

So at this point, again, there's no issue there are no there are no permits for either 713 Groveland or 717 Groveland?

That is correct. It'll stay in the applied for status until we get that information or it expires.

Do you have any questions, mister McKaff?

I do

is that

sir, can

you please

oh, yes.

That I understood was that I needed to get a permit before coming to this hearing. Which you haven't done. Which I have done. I did it this morning.

You understand that what you submitted is an application that doesn't automatically give you a permit.

I got a roof permit in Saint Pete in literally ten minutes.

Not in Saint Pete's.

I know. Well, I've I've never gotten a permit in my life except that roof one in Saint Pete.

And

this is the first time I've ever done it in Venice. I all I recall is that in the last hearing, I was told that I needed to get a permit before this hearing, and I did. Did. It am I understanding? I did. I applied for it, and, you know, I I got a I got a permit number. In fact, Debbie said, you might not get the permit number for a while, but then she pushed it through. She told me. She was helping me.

Any questions, mister?

No, your honor.

Alright. Anything further, mister McCaffrey?

Well, I'm very confused right now because I believe I did what I what you told me to do. Okay.

Alright. I'm gonna close the hearing. Mister McCaffrey, I'm not really I don't know I'm a little bit confused about what to do in this instance. You were given two months I've been busy and thinking Sir,

Okay, sir.

Please don't interrupt me. Okay. You were given two months to obtain a permit, not to file an application. Sir, Permits for I didn't interrupt you. Please don't interrupt me.

You not only didn't obtain permit, you made an application for one of the properties the day after you were supposed to have the permit, and you've not applied for the other property. It was My, sir, orders were clear. There was no question in my orders. So I'm gonna enter the following order first in case number CEBD24454. Based on the sworn testimony and evidence before I do that, what's the city's looking for?

$250 fine for both $2.59 and $4.54.

Absolutely not.

Alright. Let me start again. Based on the sworn testimony and evidence presented, I find that the respondent has not brought the property into compliance as previously ordered on 01/13/2025 for the violation of chapter 88 building regulations section 3.2 of the city code of ordinances. The fine is hereby imposed in the amount of $250 per day beginning 03/05/2025 and terminating on the day the property is found to be in compliance by the code enforcement officer. Let me be clear about that. Will the city be satisfied once he obtains the permit that these fines can cease?

I mean, yeah. I mean, in my opinion, that would be that would be compliant with

the orders.

Alright. Let's

as long long as the permit is obtained.

Let me clarify that then. When I say, and terminating on the day the property is found to be in compliance by the code enforcement officer, that should read, and terminating on the day that Mr. McCaffrey receives at 713 Groveland. In determining the amount of the fine, 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 real or personal property owned by the respondent. I do have a concern. Did I say that was with regard to February or four fifty four?

I believe you started with 454.

Okay. Then the address, I believe, at 454717 Groveland. Alright. So please make that correction, Amanda. Going to CEBD twenty four dash zero zero two five nine.

Based on the sworn testimony evidence presented, I find that respondent has not brought the property into compliance as previously ordered on 01/13/2025 for the violation of chapter 88 building regulations section 3.2 of the city code of ordinances. The fine is hereby imposed in the amount of a $150 per day beginning March 2024 and terminating on the day the property is found to be in compliance by the and terminating on the day that the respondent obtains a permit to make the repairs to the property. 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 there thereafter shall constitute a lien against the subject property and upon any other real or personal property owned by the respondent. Mister McCaffrey, I'll tell you that I struggled with of the fine.

I was going to give you a $250 per day fine on that property, but I'm giving you credit for at least getting the application today. Alright. That concludes the hearing in these

No. It doesn't. I I you didn't ask me if I had anything to say.

Mister McCaffrey, I asked you multiple times if if there was anything you had to say.

Sure. At a sub a certain subject. But at the end, I have I should be able to say something.

What would you like to say?

Well, first of all, if you're gonna put a $150 per day fine starting, what, today?

Yes.

Why are you doing this to me? I filed the permit. I got the permit number. I'm here now, and I already got the permit number before walking into this room. I had no idea that it was gonna take a long time to for it to be finished or finalized. I I had no idea. I did what I believed that you told me to do. And if you can just you know, maybe mister Applegate can explain how long the process will take, and then maybe you can just give me that much time. Because I thought it was pretty much instant.

Mister McCaffrey, perhaps instead of leaving here after the January hearing, you should have gone and applied.

I had too much work to do on the St. Pete house. The whole entire roof was blown off the house. All the rain got in. There's mold. There's ceilings that collapsed. It is just a nightmare up

I believe my order of January advised you that if you didn't comply with the order, you could be fined up to $250

Yes, but I did comply. This morning, I complied.

So semantics, you have not complied. You have filed first of all, it was supposed to be done yesterday. You were supposed to have a permit by yesterday. And you don't have a permit

Do I have something you have?

An application.

I get anything in writing? I never got a certified letter for this hearing.

Telling you what?

Can you just give me the time that it takes for this permit that I applied for to be done?

My order stands. However Mister McAfee. Well, let me just finish. Order stands. Once you comply, you have the right to come back and ask that the fines be reduced. And and then I can I can consider whether or not you met the standards to have those fines reduced? But right as as of now, the fine stand.

I filed an official appeal.

Sir, this This year is Yeah. This hearing is over, sir.

Why am I at a hearing when I filed for an appeal? You're not giving me an appeal here.

Alright. Our next hearing is 05/07/2025 at 10:00AM. I understand the April hearing has been canceled.

That's correct, your honor. April has been canceled because they're because of the renovations

to the building.

Alright. Alright. We are adjourned. Thank thank

appeal before any of these hearings I filed. You're not giving me that.

Alright. We're adjourned.