Code Enforcement Board - Special Meeting

Good Good morning, everyone. The 10/01/2025 Special Magistrate Hearing for Code Enforcement is now called to order. We'll start with the first case under old business, BD25-two forty five ACA Investors LLC. Has anyone signed up to speak on that matter? Don't see

Have respondent signed up?

We do or don't?

We do not.

Okay. Alright then I'd ask the city to please proceed.

Your honor the property was brought into compliance as of yesterday. I want to enter into evidence the affidavit of compliance written by CRO Acosta and request that the case be closed.

Okay. And again your honor, since they're even though they are in compliance for this hearing, we're just requesting, since there was still a violation, so we're requesting just a reading of the of the fact that this any other any future violations would be a repeat.

Okay. The certificate of compliance will be admitted into evidence and I'd enter the following. Based on the sworn testimony and evidence presented, I find that respondent is compliant with the administrative order entered on 09/05/2025. Respondent has put a notice that future violations of Chapter 88 Building Regulations Section 2.2.1 Permits Required and Chapter 88 Building Regulation Section 4.1.2 Unlawful Acts 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. That then brings us to the second matter, CEBD25Dash00524 Mildred h Neary.

Has anyone signed up to speak in that matter?

Yes. We do have a respondent present.

Okay. And who is that? Who is present?

Michael Neary.

Okay. And your honor, before we begin on this one I just want to put some more context on this one. This one we continued from the last hearing since the property was recently put into probate. Since our last hearing I was able to speak with the probate attorney on this one Mr. Mowry. This is actually a summary administration, so they're not going to be naming a personal representative of the matter. However, based on all the named potential heirs that could have interest in this property, have named them all and sent them notice to be here today. Mr. Neri is here but if it was I believe five children and two grandchildren but everyone has received notice to be here today for this hearing.

Alright. I assume it's homestead so it would go to them. Correct. By a homestead. Okay. Correct your honor. Alright. With that understanding then I'd ask the city to present its case.

Good morning. Kimberly Brown, certified code enforcement officer for the city of Venice. The location is 490 Groveland Avenue in the city of Venice. On 10/2524, I conducted a site inspection of the property and observed the following property maintenance and unsafe structure. During the investigation, I took photographs of the property on 10/25.

These photos fairly and accurately represent the depiction of what I observed. The photos show a hole in the roof exposing rafters and plywood at the north end. The porch and eaves collapsed on the east siding is missing and exposing some of the insulation. There we go. Do we make this how do we make

this bigger? It's the square rather. And then yeah. And then if you wanna move through the hinges here.

There we go. Yep. That's showing the hole in the roof on that photo. There's the front porch porch and eaves which have collapsed. This is a better photo from the corner showing both the front. You'll also notice the insulation and siding missing. Another photo depicting that. A third. And I think that's all I have on that. There was a silver Nissan Frontier truck unknown plate in the driveway that was being used as storage. And I would like to offer photographs into evidence as city composite exhibit one.

They are admitted.

On 12/13/2024, the building inspector Paul Rakes went out and then he called me and told me that the house was in severe disrepair and is an unsafe structure. That his supervisor will notify the city eternal, eternal, sorry, attorney for approval to condemn the residence. Later that afternoon, I knocked on the door. There was no answer. Left my business card. A blue tarp, however, is now covering the the the the is

page. And that

plans for the residence. He was either going to at that time find a contractor to repair or demolish the residence. Michael and his siblings were gonna go through probate to transfer ownership into his name. At the request of Michael, I sent a third courtesy letter outlining everything that we discussed in our conversation. On 02/28/2025, I sent out another email asking for an had quarter of We strong

twenty, and

second, no permits have been applied for. On 08/22, no permits have been applied for. And an n o h and n o v was mailed via certified mail to the residents.

On

08/29, I posted the property with an n sure I'm I'm

obtained a copy of the original deed to the

property, not death certificates for both John and Mildred Neri, and a copy of the probate paperwork. At that time, that's when I discovered that probate actually had not been opened until August 12. And as of nine three, the that morning, no permits had been applied for at that time. This concludes my testimony. And then you continued the hearing till today.

Yes. Thank you. Mister Neri, you do have the right to to ask officer Brown any questions if you wish to do so. Okay. Does the city wish to present anything else? What's the city's recommendation in terms

of time to come into compliance?

I believe we're going to be asking for judgment. However, I think we're going to give them or give the Neri family a hundred and twenty days to get the property transferred and permits in place.

That'd for either repair or demolition? So your request is one hundred and twenty days to finish probate and obtain permits for either repair or demolition of the structure on the property?

Correct. They you know to find they are in violation.

And I confirmed with the clerk that your honor one hundred and twenty days would be one hundred and twenty day next hearing would be 01/07/2026.

Okay. Thank you. Alright, Mr. Neri, is there anything you'd like to say? Have you done anything to bring the property into compliance?

I'm actually surprised the city waited this long to do something. But I'm going to based on anything else from the city. Okay. I'm then going to enter the following order. Based on the sworn testimony and evidence presented, I find the respondent in violation of chapter 88 building regulations section 3.2 responsibilities for residential properties.

Respondent is given until 01/06/2026 to correct the violation by having title to the real estate transferred to, the heirs of the decedent pursuant to the Homestead Act, and to within on or before 10/06/2002 I'm sorry, on or before 01/06/2026, obtain permits, not just apply, but obtain permits to either repair the property or to replace the property. 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 specified deadline. The case will be heard at the 01/07/2026 special magistrate hearing beginning at 10AM to determine if the order has been complied with and whether a fine should be imposed. Mister Neri, do you have any questions about that order or what you're obligated to do on or before January 6? Thank you.

Special magistrate, me just clarify. You had obtained permits to repair or replace. Is that repair or demolish?

Demolish. Yes. Thank you. You understand that clarification, Mr. Neri? Okay, thank you. All right, that then brings us to new business. The first matter is CEEN25Dash00276, Basile A. Zancas and Calliope W. Zancas Trust. Is there anyone here to speak on behalf of the respondent?

No, there is not.

Thank you. I would ask the city to present its case.

Good morning, your honor. For the record, David Lipker, I'm a certified code enforcement officer for the city of Venice. The address of the violation is 409 Menendez Street, Venice, Florida 34285. The zoning is RMF3 residential multifamily. The owner of record is Basile Takis and another name Trust.

On Wednesday, 08/06/2025, I received a code violation complaint from a citizen. The complaint was about offensive accumulation, weeds and tall grass, as well as other forms of junk and debris on the property, which is the Athens townhomes. I then responded to 409 Menendez Street and when I arrived at the location, I observed tall grass, which was measured over 12 inches tall and weeds. Also the following violations were observed. Number one, a pile of ceramic tile floors and cinder blocks in between two parked cars in a parking space.

Two, many bags of potting soil and or mulch all around property. Some are partially open due to apparently being out in the elements. There are also amongst the tall weeds and grass. Ceramic roof tiles stacked in view within several places on the property. Loose wood, which was a two by six and a ladder in the landscape bed between the parking spaces and old planters of various types full and empty and all other weathered junk.

The use of the residential property for the open storage of junk, building materials or other similar unsightly items is out of character with the neighborhood and will likely adversely affect the value of neighborhood properties. I spoke to the property owner, Angelo, via telephone about the tall weeds and grass. He said he would get taken care of very soon and within a week. Angelo and I then talked about the other listed items that I just mentioned and testified to. He said he would get them taken care of.

However, due to the two personal the items items taken care And then right away of the property were picked up. Also on the property, I observed the tall grass was recently mowed. However, the other areas that I testified to before were all still in need of correction. On Tuesday, 09/09/2025, I responded again to Fortnite Menendez for follow-up. I observed the Tallgrass was in violation again.

Measured several places over 12 inches. This includes areas also with tall weeds. Also the listed items that I previously testified to in need of correction were observed and remained in violation. No corrective action seems to have been taken nor has there been any correspondence from the owner. A notice of violation, notice of hearing was prepared.

On Wednesday, 09/10/2025, CRO Slowicz and I responded to 312 Bayshore Drive. This was to serve the owner in the case. Notice of violation and notice of hearing was signed for and a copy provided to the owner Angelo. I also answered his questions as he reviewed the notice of violation. He said he would make the he would get the work done, but said he was overwhelmed. Suggestions were made about hiring somebody, etcetera, but he declined. I took photographs of the property on August and 09/09/2025. These photos, fairly inequity represent the conditions I observed. I would like to submit these photographs as evidence.

They are so accepted into evidence.

On Tuesday, September 30, yesterday, I received a call from the owner Angelo for an inspection. The inspection revealed the grass was no longer in violation as it was recently mowed. This includes the areas with tall weeds that were remedied. Furthermore, the list of violations that recently testified to was observed as being corrected. The property is therefore in compliance. However, we are requesting your honor find that the property was in violation based upon evidence presented due to the previous case on this property. And this this is the extent of my testimony.

Alright. Thank you. Anything else from the city?

Your honor, just the again, I will find the violation and provide the repeat warning repeat violator warning.

Alright. Based upon the sworn testimony and evidence presented, I find respondent violated chapter 34 section 34 dash 81 offensive accumulation, but that respondent corrected the violation prior to the hearing. Respondent is put on notice that future violations 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. All right, that concludes that case. Our next hearing date is 11/05/2025 at 10AM. Is there anything else? I don't think so. All right, then we are adjourned. Thank you everyone.