Code Enforcement Board - Special Meeting

Wednesday, September 3, 2025

About this meeting

Government Body
Code Enforcement Board
Meeting Type
Code Enforcement Board
Location
Venice, FL
Meeting Date
September 3, 2025

Transcript

229 sections (from 256 segments)

0:16 – 0:53Speaker 1

All right. Good morning, everyone. We're going to call to order the 09/03/2025 Special Magistrate Code Enforcement Hearings. The first matter is CEBD twenty five -two forty five ACA Investors LLC Inc. Has anyone signed up to speak on behalf? All right. You want to come forward, sir, and sit in the front row? And I see some people have just walked in. If you intend to speak, please sign in to speak. All right. So I'll ask the city to present its case.

0:55Speaker 2

Thank you your honor.

1:02 – 1:37Speaker 3

Good morning your honor. I'm Community Resource Officer and Certified Code Enforcement Officer Willie Acosta will present case CEBD2500245. The address of violation is 1316 Ridgewood Avenue. Zoning is RSF four residential single family. On 07/15/2025, an inspection was conducted by community resource officer Acosta of the address following a complaint by the city's of Venice buildings department.

1:37 – 2:20Speaker 3

For this property, I observed the following violations, working without permits and unlicensed contracting. A violation of chapter 88 section 2.2 and section 4.1 of the building regulation code. During the investigation and inspection of the property, showed to have contracting of plumbing, electrical, and new windows with no permits were issued for any of this work. There was also no license contractor at the site performing such work at the time of which the investigation was conducted, which is also in violation of city code. A stop work order was issued to the property on 07/15/2025.

2:21 – 3:11Speaker 3

I photograph the property on the same day, 07/15/2025. These photos fairly and accurately represent the conditions I observed. I would like to offer these photographs documents into evidence as the city's composite exhibit number one. One of the pictures that indicates shows new plumbing work for the water heater in the garage with new PEX lines added to the wall. Obviously, I cannot see what's gone behind that wall as it's been sheetrocked with new electrical line coming out also for the hot water line.

3:14 – 3:54Speaker 3

The other picture indicates new windows with the sticker still on it. Unknown who did the work. I believe at the time I was told that the windows were already in place prior to their purchasing the property, but I have no proof of that. But the windows were installed new. No permits were issued for the windows. This was a water line placed into one of their rooms. I believe it was for the laundry room. Also new PEX lines placed in. No permits issued. And the shower, new line, new sheetrock.

3:55 – 4:09Speaker 3

I have no idea what's going on behind there but when I was taking the photograph you could see that there was new PEX water lines placed into the system. All the work there was done with no permits and no licensed contractor.

4:14Speaker 1

Who's the owner of the property?

4:18Speaker 3

The owner of the property is listed as ACA Investors LLC located at 247 Tuscaloosa Boulevard in Nokomis, Florida.

4:30Speaker 1

Do you know when they purchased the property?

4:33Speaker 3

The property was purchased from what I read was 2025.

4:40Speaker 1

And you said there was no licensed contractor that's on-site when you were there. Was there a contractor there?

4:46 – 5:06Speaker 3

The gentleman that I ran into who originally told me he was a contractor at the site who was doing the work then relented and stated that he was not a contractor, that he was working for another contractor on another license, but could not prove that license or that contractor, and then relented to say that he was just a handyman.

5:06Speaker 1

Alright. Then I'll accept the exhibits into evidence. Is there anything else that you want to present officer Acosta?

5:14 – 5:48Speaker 3

Yes. So subsequently to that violation to that property, the gentleman that was at the property who said he was the contractor was issued a civil citation also listed to the violation of the property was a Christopher n. Resides at 33 Castle Drive, Macombis, Florida. He was issued a $3,000 fine, one for working without a permit, which is a $1,500 fine and the other one was issued another $1,500 for unlicensed contracting work.

5:48Speaker 1

Is that before me today?

5:50Speaker 4

Yes sir. That's on the under the citation appeals your honor.

5:54 – 6:06Speaker 1

Okay. Alright. Alright anything else? That's that's all sir. Alright. Is there anyone present on behalf of AC Investors LLC? And your name please? Anthony. Anthony Wett.

6:08Speaker 4

O. Amanda, is there a microphone that you would like me to speak into?

6:14Speaker 6

Button should really come up.

6:17Speaker 4

Sir, Okay. Could you please come up here and speak into the microphone?

6:30 – 6:42Speaker 1

Officer Acosta, before you go, I should have asked if he has any questions of you. I apologize. So do you have any questions of officer Acosta? I do not. Okay. Thank you. Alright. So what would you like to say?

6:42 – 7:40Speaker 5

Yes, sir. So I'll start from the top if I may. So my father-in-law, Frank and I, we had the plan to purchase the home with the intentions of renovating and selling the home, which we thought we thought as homeowners, we had the green light to renovate the house as homeowners with his experience in contracting, we figured we were okay. What we didn't know was our last minute decision to purchase the home under my LLC, which was just to be more professional, know, wound up snake biting us because when we got the stop order, we came down to the Venice office this year to try and maybe do a quick deed because they had told us, well, since you bought the home under the LLC, you're no longer homeowners renovating the LLC as the owner of the house. We didn't know that.

7:40 – 8:07Speaker 5

So that's why we're here today. So since then, we have gone and been in contact with engineer, we're trying to get everything done, which ultimately was even better off that it happened now because if we finished the work and sold and tried to sell the house, we would have found out that we were illegally selling the house anyway. We were just we didn't know laws when we were starting this whole project. So that's why we're here today.

8:11Speaker 4

No questions at this time, Your Honor.

8:13Speaker 1

Okay. Is there anyone else that's going to testify on behalf of ACA Investors LLC?

8:19Speaker 5

Yes, my father-in-law Frank who is present.

8:23 – 8:39Speaker 1

Please. I Asaro you need to sit back so he can speak. Sure. Or step back I should say. Would

8:40Speaker 2

Frank Fakompre. I did bring with us What

8:43Speaker 1

is your last name sir?

8:44Speaker 2

Fakompre. A C O M P R E.

8:51 – 9:08Speaker 2

I did bring with us the engineer and blueprints. I don't have the stamped copy but they have made I guess they mailed the originals to us. But these are the plans and in another week, the contract that we're in touch with, he's gonna file for all the permits to get everything rectified.

9:08Speaker 1

Have those plans been shared with the city?

9:11 – 9:22Speaker 2

Not yet. We just got these back from the engineering. They got to stamp them and then next week we'll submit everything. We do have a license contract that we're dealing with, electrician and plumber.

9:36Speaker 1

Investors. All right could the two of you step back please. Does the city have anything to present in response?

9:44Speaker 4

Nothing further in response your honor. I think you do. Sorry.

9:48 – 10:22Speaker 3

I just want to put it for the record sir. Notice of violation was served in accordance to Florida statute one sixty two. The respondent was given thirty days to come into compliance in reference to the existing violation. I had communication with the owner who was aware of the violation at the property. All communications have been sent by certified mail to the listed owner. On 09/02/2025, I conducted the final inspection. The stop work order is still on the property and the current violation stands and has not been abated on the property. This is the end of my testimony.

10:22Speaker 1

If the property had been titled in the name of an individual would it have made any difference?

10:29 – 10:46Speaker 1

Okay. What is the city recommending? Can

10:50 – 11:22Speaker 4

we take a, well your honor the city would like to actually we do have a question for them, for the respondents in how much time do they need to actually get their permits. Because ultimately and to just to follow back on the other question, there would have been a difference with the unlicensed contracting because then at that point you would have been working on your own home as opposed to like an LLC working on or a corporation working on a property that's not a personal home. But ultimately they would have needed to get the permits for all the work anyway.

11:22Speaker 4

So our question is to the homeowners is how much time do they need to get this rectified. Mr.

11:47Speaker 3

Is thirty days good? Can you work with thirty days?

12:05 – 12:17Speaker 4

And and officer cost for for their for the homeowners benefit, what do they need to do in order to come into compliance?

12:18 – 13:02Speaker 3

You have to get your issued permits. You have to apply for your permits. Get your permits issued at least into review. Get a license contract that is licensed through the city of Venice. So if he's not a licensed contractor in the city, he has to make his application to the city and get that license applied for. And then you should be clear that we can abate that violation, okay. You just gotta get your permits and contractor. Perfect, works. Yep, you know where the permitting office is? Okay. As long as you guys go to the right department, get the permits issued, you should be fine. Alright.

13:04 – 13:50Speaker 1

Anything else from either party? Alright. The hearing is closed. Based on the sworn testimony and evidence presented, I find respondent in violation of Chapter 88, Building Regulation Section 2.2.2 Permits Required and Chapter 88, Building Regulation 4.1.2 Unlawful Acts. Respondent is given until 09/30/2025 to correct the violation by applying for and obtaining a permit and utilizing a licensed contractor to perform the services at the site.

13:51 – 14:09Speaker 1

If the violation is not corrected by that date, a fine may be imposed of up to $250 per day for each day the violation continues beyond the specific deadline. The case will be heard at the November any reason? Should

14:09Speaker 4

be on the October. We have an October 1 October 1. October 1. Yes. Okay.

14:15 – 14:40Speaker 1

The case will be heard at the 10/01/2025 special magistrate hearing beginning at 10AM to determine if the order has been complied with and whether a fine should be imposed. All right, that's the end of, my ruling. Do you understand the ruling? And I the date of September 30 is chosen, it's not thirty days, but it's the day before the next hearing that's scheduled where you'll have to come back here if you haven't complied. Okay?

14:40 – 15:03Speaker 1

All right, thank you. Let's move on to the next case, CEBD25-five24MildredHNeri. Is there anyone here on behalf of Milk? Sir, would you come forward? You can have a seat here in the front.

15:09Speaker 1

And what is your name, sir?

15:11Speaker 4

Michael. Can

15:13Speaker 1

you spell your last name? N E A R Y. All right, I'll ask the city to present its case.

15:23Speaker 2

Thank you. Your honor.

15:29 – 15:43Speaker 7

Good morning your honor. For the record, Kimberly Brown, certified code enforcement officer for the City Of Venice. This case is CEBD2400524.

15:44Speaker 1

Also For the record, I have 20Five-five24, is that incorrect? No,

15:53Speaker 7

it should be 24 because I opened this case last year.

15:57Speaker 1

Okay. Then when I announced the case, I announced it incorrectly, it should be 20Four-five24. Thank you.

16:04 – 16:39Speaker 7

Not a problem. This came to us as a C click fix complaint. On '24, I conducted a site inspection of the property, address, and observed the following violations, property maintenance and unsafe structure. During the investigation, I took photographs of property on that same date. These fairly and accurately represent and depict of what I observed. The photos show a hole in the roof. How do I go from here?

16:51Speaker 7

So I have to use

16:52Speaker 8

Just press that. Okay.

16:54 – 17:29Speaker 7

You'll see on the north end of the property that there is a hole in the roof exposing rafters and the plywood. You'll notice the front eaves and porch has collapsed. Another picture of that also showing on the east side where siding has come away from the building exposing some insulation and the inner drywall.

17:29Speaker 1

Sorry to interrupt. When were these photos taken?

17:31Speaker 7

These were taken on the twenty fifth, sir.

17:33Speaker 1

Of October. Thank you.

17:36 – 17:58Speaker 7

Same day of inspection. This is just the same thing. Another picture. There was also a Nissan Frontier that's parked. There's items in side. I'm just assuming here that they're using it for some storage. And I guess that's all I have as far as the damage.

17:59Speaker 1

Those are admitted into evidence?

18:01 – 18:47Speaker 7

Yes, please. If you could place those into city composite exhibit one. On December and a courtesy letter went out the very next day on the 20 House was in severe disrepair and is an unsafe structure. That his supervisor would notify the city eternal attorney for approval for either the premises to be condemned or if we could contact anybody to see if we can get it repaired. Later that afternoon, I knocked on the door, no answer, left a business card.

18:48 – 19:26Speaker 7

I did however observe a blue tarp covering on the roof, covering the hole in the roof and some pieces of wood also making an attempt to cover the siding where the siding had come away. Let's see. On 12/14, a second courtesy letter went out. The first courtesy letter never returned and I had no contact, so we attempted a second time. On 12/18, I received an email from mister Michael Neri, son of Mildred Neri, and we discussed his plans for the residence.

19:26 – 20:12Speaker 7

At that time, he was thinking of either repairing everything or he was going to demolish it. He was in the he was at that time attempting to find a contractor to do the repairs or demolish. Michael also said that in order to transfer ownership of the house to his name, they were going to have to go through probate. And then he requested a third courtesy letter outlining our discussion and our conversation. On 02/28/2025, I sent an email asking for an update on the probate process, and Michael responded, it would probably take another additional sixty days.

20:13 – 20:56Speaker 7

On 06/02/2025, I noticed no permits had been applied for at this time. Also, January. 07/02/2025, no permits had been applied for at that time. And then on 08/22, no permits had been applied for, and I sent out an n o h and an n o v certified mail to the residents. On 08/29/2025, I posted the property in the front yard of the n o h and N 0 V and posted the affidavit of posting here at City Hall.

20:57 – 21:24Speaker 7

Also on twenty ninth, I went to the South County Clerk's Office where I was able to obtain the original deed of the property, copy of the death certificates of both John and Mildred Neri, and a copy of the probate paperwork which hadn't been filed until 08/12/2025. And as of this morning, no permits have been applied for at this time. This concludes my

21:37Speaker 4

present? Not at this time your honor.

21:40 – 22:12Speaker 1

Okay. All right Mr. Neri would you please step up to the microphone up there please. State your name for the record please. Michael Neary. And what would you like to present on your behalf?

22:13Speaker 9

I did not receive any letters on 08/25. The only notice I got was when I noticed the sign posted in the front yard for mitigation. Let me ask you a question. So

22:25Speaker 1

when was it that your mother passed away?

22:27Speaker 9

My mother passed away in 2015. 2015?

22:31 – 22:44Speaker 1

Yes. When did your pass away? 1998. So this property has remained in the name of your mother for the past ten years? Yes. No probate was ever opened? No. Why not?

22:46Speaker 9

I It was I'd closure, I guess. I didn't want to pursue it. You know, I never wanted

22:53Speaker 1

to pursue it. Have you petitioned for probate?

22:56 – 23:11Speaker 9

Yes. We are in probate. I have a letter from my attorney who I contacted after I saw the posting. He said that they had failed to notify one of my nieces and they were refiling but he expects it to go quickly. Who is your attorney? Anthony Mowry.

23:15 – 23:36Speaker 1

I have copy of his email from me, to me. I I have a concern that the only person who has authority to act on behalf of the property owner is the personal representative. I don't know what action we can take without having the proper part Have you petitioned

23:36Speaker 9

to become the personal representative? I have through probate with the probate case, Yes. I don't know about a personal representative. I have not filed anything with that.

23:47Speaker 1

Well, if you filed for probate something had to be filed to name a personal representative. Well, I I don't know.

23:53 – 24:11Speaker 9

That would be The attorney never Like I say, he said it is in process. They had to refile because my niece had been left off. One of my nieces had been left off. There's probably 12 or 15 people involved in the signing of the papers.

24:12Speaker 1

I mean to throw a monkey wrench into this but do you have any thoughts? What's that? I'm sorry. Dan?

24:24 – 25:09Speaker 4

At this time ultimately the again our tax records yes, shows that Mildred Neri is our owner and that's you by law that's we have to give notice on and stake the property and post the property. So in terms of our notice but I understand your honor's issue with well who do we tell to fix this property? Right. Because I see your point of who can legally go on to it or potentially pull permits or whatnot. My recommendation or at least my thoughts on it are, I think we still have a valid is that we probably would have to continue that. Continue it so that we can have someone who can actually pull the permits on.

25:09Speaker 1

Yeah, I would think we should continue it and maybe you should reach out to attorney Mowry and have a conversation with him about getting a personal representative appointed and then bring this back here?

25:20Speaker 9

I did apply. I did go into the city and asked to for the permits but I was told

25:25Speaker 1

You're not you're not the owner. You you

25:26Speaker 9

But he no. He sent but this last communication I got from him, he said because it was

25:31Speaker 9

homestead and her death, it immediate immediately falls to the family.

25:37 – 25:48Speaker 1

That's true but it's it's not that easy. Okay. Unless you have different thoughts, my thought is we need to reschedule this and

25:48 – 26:07Speaker 4

I mean if the city is not ultimately if the city is not allowing to pull permits for that reason then can't really say go pull permits when there's no one to pull permits. That the state we're now and then we're not letting them pull the permits.

26:07 – 26:18Speaker 1

I mean the only party that's responsible is the personal representative and there's no personal representative. This should have been resolved with a personal representative ten years ago. But

26:21Speaker 4

that's my concern. Understood. Then I would say that we should continue it to,

26:29Speaker 1

I would like to keep

26:30 – 26:50Speaker 4

it on track so I would say the October, especially with the condition of the property to put it on the continue to the October hearing aid just so that we keep that it's and I'll talk to attorney Mallory about it. Know him as well. Sure. So that we can, basically everyone has dates to go by.

26:51Speaker 1

Mr. Neri, do you understand our concern?

26:53Speaker 9

I I understand the concern.

26:54 – 27:14Speaker 1

Okay. We don't know who owns the property at this point. And without knowing who the proper owner is, can't give notice to the proper owner so we can't proceed. So we're going to reschedule this for the 10/01/2025 hearing starting at 10AM and hopefully we have the personal representative issue resolved by then. Okay. All right. That concludes this

27:14Speaker 2

hearing. Yes.

27:20 – 29:00Speaker 1

Could you state your name please? Ma'am, there are matters before me today and that's not, to the best of my knowledge, that's not before us today. All right. The next case, is in the citation appeal CEEN25-one91, Jesse Duane Connor. Is there anyone here on behalf of Jesse Duane Connor?

29:10 – 29:31Speaker 8

Jim Davis, supervisor of code enforcement. We've reached an agreement with the city and the violation. They're going to settle for a $1,000 fine today and then we'll dismiss the two citations based on that amount.

29:31 – 29:51Speaker 1

Okay. And is that Mr. Connor? And Mr. Connor, would you step forward and state your name for the record? Okay. Rep and your name? Representing him how? He worked for the company that hired him. Okay.

29:52 – 30:20Speaker 4

Alright. This was a just a backstory your honor is, it's another unlicensed contracting permitting issue with handyman companies licensing and whatnot. And based on the facts of the case and based on the parties involved, the city came to an agreement with this gentleman's company to resolve all this. So they're all interconnected with ultimately these two citations.

30:20Speaker 1

Okay and you said for a $1,000 Correct. Do you want me to enter an order to that effect?

30:29 – 30:49Speaker 1

Alright. Based upon a based on a representation that has been made, by the city and a representative of Jesse Duane Connor, It's been agreed that in order to resolve the citation that was issued, Jesse Duane Conner will pay, a civil penalty in the amount of $1,000

30:53Speaker 1

Dollars 1,000 and the contested case fee plus the recording fee if not paid within ten days?

31:01Speaker 4

Yes, your honor. Okay.

31:03 – 31:18Speaker 1

Thank you. Then the last case is CEEN25-two45 Christopher N. Vallone. Is anyone present on behalf of Christopher Vallone? Okay.

31:22Speaker 1

Alright, I'll ask the city to prepare to present this case.

31:25Speaker 4

Yes, your honor. And this one is related to this was the citation from the earlier case. Right.

31:40 – 31:59Speaker 3

Good morning again. Once again community resource officer Wilbur Garcia, certified court enforcement officer. Case CIVI-twentyFive-two45. The address of the violation was 1316 Ridgewood Avenue, Zoning RS F4, Residential Single Family. The owner of record is ACA Investors LLC Inc.

32:00 – 32:32Speaker 3

On 07/15/2025, I conducted an inspection of the following address. A complaint from the Code of Foreigner supervisor observed the following violations, new windows contracting, no permits issued from the City Of Venice. Upon my inspection, I found that the work was done inside the property was more extensive including plumbing, electrical as well as the new windows. The investigation, I took photographs of the property which I showed earlier that fairly accurately represent the conditions I observed. And I will offer those into evidence as well as the documents.

32:32 – 33:02Speaker 3

Courtesy letter was and sent to the the owner, the respondent, was given thirty days to come into compliance and reference to the existing violations. I had communication with Mr. Christopher Valone regarding the case only once. He stated that he was a contractor who did the work in the home but was not the but not did not do the windows and didn't have his contractor's license. But was working under another but could not provide the other information needed to confirm the license of the said contractor.

33:03 – 33:27Speaker 3

Mister Vallone then stated that he was only a handyman and doing only handyman work. On 07/15, I issued mister Vallone a civil citation for violation of working without a permit, eighty eight point two point one and unlicensed contracting 88.40.10.2 for a total of $3,000. The end of my testimony sir. No payment has been made at this time.

33:28Speaker 1

Right. Does anyone on behalf of Mr. Belone have any questions of officer Acosta? No questions. Does the city have anything else to present?

33:39Speaker 4

No your honor.

33:40Speaker 1

Is there anyone going to speak on behalf of mister Vallone? I would. Okay. Would you step up there please? Sit up there.

33:59Speaker 1

State your name

34:00 – 34:40Speaker 2

please. Frank Vicampre, owner of the property. Yes, we came from Long Island. We do own our house here. We're not just fly by land. So I'm a contractor for thirty five years on Long Island. Chris is now my partner. Unfortunately, I was not there. Otherwise, I would have been able to explain it a little better. We did bring our to the we're excited to next about test next level.

34:39 – 35:14Speaker 2

Month. We were not trying to get hide anything as you heard before. We thought we were doing it as owners, but we've been corrected unfortunately now. I'm not denying not to pay anything, but I just wanted to explain how this all happened. And we were there for quite a few weeks. It's not like we were trying to hide. We had the trucks there, and they do have New York plates unfortunately. So I just really wanted to explain that. So Chris is really my partner. I'm the one that's going for my licensing. I've been through the school, I've been through two tests already. It's just a long process.

35:14Speaker 1

Okay. So do you have any questions?

35:17Speaker 4

Was Mr. Belong the one doing the work?

35:20Speaker 2

We were both, yes.

35:21Speaker 4

Okay. And he was working on the windows?

35:25Speaker 2

We were doing like most of the painting and flooring, doors, trim. Yes.

35:30Speaker 4

I have nothing further your honor.

35:32Speaker 1

Okay. Anything further that you want to present sir? No. Okay. Does the city have anything to present Your

35:38 – 36:00Speaker 4

Honor I'll call Ms. Officer Acosta back. Officer Acosta? Yes sir. In this matter, Mr. Vallone was the one you saw doing the unpermitted work, correct? Correct. And again just to clarify what was the unpermitted work you observed him doing?

36:00 – 36:19Speaker 3

When I when I was at the property and I asked him who did the work, the plumbing, the electrical, he said he did the work. He wasn't working on that at this specific time when I did the inspection. I found the work that would have that was already done and he say that he did the work.

36:19Speaker 4

Okay. Nothing further your honor.

36:21Speaker 1

What is the city recommending?

36:23Speaker 3

The citation plus the contested citation plus the contested fee. It's thousand or 5,000. I believe it's

36:34Speaker 1

What's 1,500 for each violation?

36:40 – 37:09Speaker 4

Your honor the contested fee for the citation which since this is two separate citations for the two point two point one and four point one point two, so it's the no permits in the unlicensed contracting. The uncontested fee was $3,000 but because we're here today we're requesting the contested fee of, which is up to $2,500 per citation for a total of $5,000

37:11Speaker 1

Plus the filing fee.

37:13Speaker 4

Plus the filing fee, honor, dollars 25.

37:25Speaker 1

Can you tell me why you're requesting the maximum fee? Maximum penalty, excuse me.

37:33 – 38:05Speaker 3

Well during my conversations with the owner I did explain, think it was Anthony. I told Anthony what had transpired. I said you have a citation that was issued with valid reason, unless you have a way to contest that, it would be not in his best interest to contest that fee. I told him it would cost him more money. This is I did have with Anthony. And he said that he was going to pay it. As of today, was not paid. Okay.

38:22 – 38:36Speaker 8

Jim Davis, Supervisor of Code Enforcement. Is $2,500 contested fee because that's the way it's recorded in our code? It's not something that we can change, it's recorded in our code.

38:36 – 39:19Speaker 1

Right. Okay. Unfortunately, don't have discretion because we went through the hearing, so I'll have to enter the following order. Based on the sworn testimony and evidence presented, I find that respondent violated Chapter 88 Building Regulation Section 2.2.2 permits required as well as Chapter 88 building regulations Section 4.1.2 unlawful acts of the City Code of Ordinance. Respondent shall forfeit the appeal filing fee of $25 respondent is assessed a civil penalty in the amount of $2,500 for each violation for a total of $5,000 and the contested case fee plus recording fee if not paid within ten days.

39:21Speaker 1

All right. That concludes this hearing. Our next hearing is scheduled for 10/01/2002 This

39:30Speaker 4

was actually on on me, didn't put So in my apologies, your honor.

39:36 – 40:04Speaker 1

Okay. All right. So the final matter is Citation 20Five-twenty11 Martha Haynes. Is there anyone present on behalf of Martha Haynes? And ma'am, have you signed in to testify? All right. Please come forward then. And I'll ask the city to present its case.

40:16 – 40:44Speaker 7

Good morning. For the record, Kimberly Brown, certified parking enforcement officer for the City of Venice. This is case number ParkingCitation 20Five-twentyOne-one. The parking violation occurred in one of our city parking lots located at 740 Barcelona Avenue. It's also known as Grayser Park.

40:44 – 41:36Speaker 7

On April 19 at approximately thirteen thirty six hours, I conducted a parking enforcement inspection of the address and observed the following violation of a 2017 silver Lexus ES three fifty license plate Yankee43CharlesMaryJohn partially parked on the West Driveway apron within 10 feet of a driveway which is in violation of Florida State Statute 316.1945. There we go. Oh, it's well. I guess I'll have to hold it. Flip it.

41:40Speaker 2

It this way.

41:41Speaker 4

Turn it on, there you go.

41:43Speaker 2

It's upside down. No, it's upside down. Thank you.

41:46Speaker 6

We'll get it.

41:50 – 42:17Speaker 7

No, we're parking upside down. No, we're not. There you go. During the investigation, I took photographs of the property on fournineteentwenty twenty five. These photos fairly and accurately represent the depiction of what I observed. The photos show the vehicle partially parked on the apron of the driveway and I would like to offer these photographs into evidence as city composite one.

42:17Speaker 1

They are admitted.

42:20 – 42:54Speaker 7

Okay. On 04/23, missus Haynes paid fees to contest the parking citation and missus Haynes also submitted a photograph that she took of her vehicle on the same day as I wrote my citation. And let me show you that. Okay. Alright.

42:54 – 43:06Speaker 7

Again it shows the her vehicle partially parked on the West driveway within 10 feet of the easement. And I'd like to offer this into evidence as city composite exhibit two.

43:06Speaker 1

So admitted.

43:08 – 43:29Speaker 7

Alright. On 05/12/2025, I contacted Mrs. Haynes by certified letter notifying her of the June 4 hearing date but that was subsequently canceled. So we sent another letter on the twentieth letting her know of today's hearing. And that concludes my testimony.

43:29Speaker 1

Okay. Ma'am, I'm sorry. What is your name? Martha. Martha and what is your last name?

43:41Speaker 1

Okay. Miss Haines, do you have any questions of officer Brown? I do. Right. Go this isn't your you're not presenting evidence at this time, just asking her questions.

43:51Speaker 6

No. I'm just I do have evidence.

43:54Speaker 1

Well you can present evidence. I'm simply asking you if you have questions of her test based on her testimony.

44:03Speaker 4

Maybe you have to come up here.

44:19Speaker 6

Should I be looking at her or should I be looking at you? What's the respect You

44:25Speaker 1

can look at her, that's fine if you like. You're going to have to speak into the microphone though please.

44:31 – 45:01Speaker 6

I'm sorry. That's okay. And looking at the picture that I had given, I asked another Venice police officer and I asked the lady that I paid the form to, and I asked the city Venice attorney. I didn't understand why I got that ticket. The distance between the ingress and egress was 14 feet eight inches.

45:02 – 45:37Speaker 6

And between the Venice police officer I spoke to and the attorney I spoke to, all of them said they did not understand why I was given citation for illegal parking. And when asked if I should contest this or just pay it and move on, all three of them had said this is something they would contest. And that is why I'm here. So if you can explain at 14 feet eight inches with the curbing and hedge and stop sign and why that was there. This was Easter Sunday weekend.

45:37 – 45:50Speaker 6

The parking down there was atrocious. And being almost 15 feet from turning into that side parking and I can't pronounce the street name. Why?

45:56 – 46:08Speaker 7

And thing other do can

46:12Speaker 7

attention but I didn't cite it at the time? I went ahead and put my energy into the I don't know how many citations I wrote that down.

46:20Speaker 6

You were still there when I came to my car. Right. But I didn't come up to you because I Ma'am, that's fine. I'm sorry.

46:25Speaker 4

Ma'am, please for for the purpose of the record please let one person speak at

46:29Speaker 1

This isn't conversational. You've asked her a question so now it's her opportunity to answer.

46:34 – 46:56Speaker 7

When I came back through I had even more of a parking situation and I saw your car there and the way people were peeling in and out, you were parked on the apron, part of the apron. You have to stay clear of that apron. So if somebody had to make a turn, they could do that without taking the back end of your bumper.

46:56 – 47:09Speaker 6

This is the picture that you submitted? This is the apron. Correct. And here is dirt and sand. You've got a hedge and three feet of sidewalk there. A car can't go over there to get access there.

47:09 – 47:35Speaker 7

Correct. Technically, nobody should be parking on that dirt at all. But it's not. There's no sign. But if you were to read the code, you weren't even supposed to be there. But we understood that this was a horrible parking situation. You cannot be parked on any of that concrete that's part of the bib and your tail end is on top of that. Yeah.

47:46 – 48:00Speaker 1

upside down. Thank you. Do you have any more questions of officer Brown?

48:04Speaker 1

Alright. Is there testimony you'd like to present on your own behalf?

48:08 – 48:30Speaker 6

Well, as I said, I was fourteen feet eight inches from the apron curve there. I also took a picture the next day that's on my phone. I don't know whether I can show that where it shows that sand right at the edge there under my fender. It was sand and weeds. Now there is cement under there for a couple of inches.

48:31 – 49:11Speaker 6

Sand and weed covered it. As I said, there was no blocking ingress or egress there for cars coming in or going out. And I just I've I've seen cars parked there many a time there, and I was just very surprised. Especially when the Venice police officer couldn't give me a reason why I I was there. And when I asked them, should I contest this? They said that's not up to them to tell me what to do. However, if it was a family member they would have contested it as well. Okay. And when an attorney told me they didn't understand why I was given a ticket either that is why I contested it.

49:11Speaker 1

Okay. Does the city have any questions?

49:16Speaker 4

No your honor. Okay.

49:20Speaker 1

Can you put the citation back up please if there if there does the city have any other evidence to present?

49:31Speaker 4

I'll ask Doctor. Brown a few more questions. Ma'am if you could please go sit down.

49:36Speaker 6

Can I take this? Yes.

49:51Speaker 2

Turn it upside down. There you

49:53 – 50:20Speaker 4

go. Okay. Officer Brown, there are cars allowed to park on any part of the paved road?

50:21Speaker 2

That of that paved driveway?

50:23Speaker 7

Of the paved driveway of the apron?

50:29Speaker 4

Is that where the parking easement is?

50:33Speaker 6

It is, yes. Okay.

50:38 – 50:50Speaker 4

So ultimately it had had the respondent been past that regardless of the she would have the respondent would have had to have parked beyond that apron area, correct?

50:50Speaker 7

Yes. That would have been fine.

50:51Speaker 4

Okay. No further questions, your honor.

50:55Speaker 1

Do have any questions in response to what was just asked?

50:59Speaker 6

I didn't understand the question, I'm sorry my hearing and my

51:02Speaker 7

right ear is there a

51:03 – 51:29Speaker 1

question. Okay. I need the citation number back up. Okay. I'll close the hearing. Based on the evidence presented, and the testimony, sworn testimony provided, I find that the respondent has violated section 70 is it 70 dash thirty one four?

51:34Speaker 1

Yes, your honor. Thank you. Of the city

51:41 – 52:04Speaker 1

Yes, your honor. I'll start again. Based on the sworn testimony and evidence presented, I find that respondent violated section 70 dash thirty one four of the city code of ordinances. Respondent shall forfeit the appeal filing fee of $25 and respondent has assessed a civil penalty in the amount of $25 plus the recording fee if not paid within ten days. That concludes this hearing.

52:08Speaker 1

Is that the final thing?

52:09Speaker 4

That's the final one, Your Honor. All right.

52:11Speaker 1

So we have our next, hearing date scheduled for 10/01/2025 and this hearing is adjourned. Thank you. Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.