4970 CITY HALL BLVD

NORTH PORT, FL 34286

City of North Port

Meeting Minutes - Final

Code Enforcement Hearing

Thursday, February 23, 2023

9:00 AM

City Commission Chambers

1. CALL TO ORDER

Hearing Officer Toale called the meeting to order at 9:14 a.m.

ALSO PRESENT

Assistant City Attorney Katlyn Coughlin, Deputy City Attorney Michael Golen, Assistant

Director/Building Official Derek Applegate, Code Enforcement Division Manager Kevin

Raducci, Code Enforcement Administrative Services Specialist Michele Ross, Code

Enforcement Recording Secretary William Kiddy, Code Enforcement Inspectors Henley

Burton, Jeffrey Guilbault, Jennifer Ardinger and Dave Grandt, and Recording Secretary

Susan Hale.

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Hearing Officer Toale.

3. PUBLIC COMMENT

There was no public comment.

4. APPROVAL OF MINUTES

23-0352

Approve Minutes for the January 26, 2023 Code Enforcement Hearing

Meeting.

Hearing Officer Toale approved the Minutes as presented.

5. REVIEW OF PROCEDURES AND ADMINISTRATION OF OATH

Hearing Officer Toale provided an overview of procedures and Ms. Hale swore in all

those wishing to provide testimony.

6. COMPLIANT CASES

Case No

22-2213

(JAG) Kathleen M & Fred B McCloe, 1027 Petronia St

Section 105.4.1.1, Florida Building Code

(Permit

13-4152 for

residential

additions

and

Permit

18-5355 for

remove/replace roof has expired)

This case was brought into compliance with no further action required.

Case No

22-2251

(JAG) Home SFR Borrower LLC, 4204 Ozark Ave

Chapter 105.1, Florida Building Code

(No permit on file for a Re-Roof being done on this property)

This case was brought into compliance with no further action required.

Case No

22-2424

(HLB) Deivys Silva Diaz, 8406 Aero Ave

Chapter 105.1, Florida Building Code

(Structure built in backyard with no permit, as well as a screen room on

left side of home with no permit.)

Sec. 1-19, Unified Land Development Code

(Fence being installed on property with no permit)

This case was brought into compliance with no further action required.

Case No

22-3232

(HLB) RHONDA CHARLES BROADWAY, 2620 SHEILA LN

Chapter 42-23, North Port City Code

(Accumulation of debris on vacant lot to the right of residence consisting

of chairs, wood, and other miscellaneous items)

Sec. 59-16(c), North Port City Code

(Boat and trailer parked on vacant lot to the right of residence)

This case was brought into compliance with no further action required.

Case No

22-4683

(JA) RAYMOND & CHRISTINE ROYAL, 5900 SPEARMAN CIR

Chapter 42-23, North Port City Code

(Accumulation of debris consisting of loose trash and miscellaneous

household items. In addition there are vehicle tires, pipes and wood in

front of home, and some items on right side of driveway.)

This case was brought into compliance with no further action required.

Case No

22-4888

(JAG) ARBOBELLA TREE SERVICE LLC, 3063 BRIARCLIFF AVE

Section 45-5A, Unified Land Development Code

(Attend the required Code Enforcement Hearing to states facts

concerning this violation.)

This case was brought into compliance with no further action required.

Case No

22-5150

(JA) PP&P CONSULTING SERVICES INC, 6210 LANDOVER TER B

Chapter 105.1, Florida Building Code

(Extensive roof damage from storm. Building and/or reroof permit

required.)

This case was brought into compliance with no further action required.

Case No

22-5357

(JA) JOCHEN PUNDT TRUST, 4527 LOS RIOS ST

Chapter 42-23, North Port City Code; Accumulation of Debris

(Accumulation of debris consisting of large piles of debris throughout

property in front, side, and rear yard. Appears debris is being gathered

and brought to property by scrappers. Debris consists of metal, wood,

tires, windows, construction debris, furniture, and other miscellaneous

items.)

This case was brought into compliance with no further action required.

Case No

22-5384

(JA) GRZEGORZ

AGNIESZKA BRYNDAL, 6289 SAN SALVADOR

Sec. 58-7(B) Unified Land Development Code

(Unpermitted underbrush clearing done, with machinery on lot that

requires and archeological assessment)

Chapter 105.1, Florida Building Code

(No permit on file for underbrush clear done with machinery)

This case was brought into compliance with no further action required.

Case No

22-5386

(HLB) DEREK LEE MYALL, 5669 FAIRLANE DR

Sec. 1-19, Unified Land Development Code Local, state and Federal

permits required.

(Fence being put up in rear yard with no permit on file.)

This case was brought into compliance with no further action required.

Case No

22-5392

(JA) BERNICE LAFFRENERE, 8407 DOROTHY AVE

Section 42-24(a)(2)(b) North Port City Code, Maintenance of stormwater

drainage area.

(Maintain the sidewalks adjoining the property by keeping the sidewalks

in a clean and sanitary condition which includes mowing, edging grass

and weeds, both between the sidewalk joints and alongside the edge of

pavement, removal of all obstructions including silt and mud, and other

debris.)

This case was brought into compliance with no further action required.

Case No

22-5420

(JA) LAFFRENERE BERNICE, 8407 DOROTHY AVE

Chapter 42-22A North Port City Code

Grass/Weeds.

Excessive Growth of

(Grass and/or weeds on this property are in excess of twelve (12) inches

in height, and is in violation of City Code.)

This case was brought into compliance with no further action required.

Case No

22-5457

(JA) MATTHEW WHITE, 2210 MCTAGUE ST

Sec. 59-16(f)(5), North Port City Code No vehicle or boat shall be stored

within the public right-of-way.

(Disabled vehicle with front end damage, being stored in the City

Right-of-way area.)

Sec. 59-16(f)(2), North Port City Code, Parking Off Public Roadway

(Disabled vehicle parked in City Right-of-way, facing wrong direction of

traffic.)

This case was brought into compliance with no further action required.

Case No

22-5571

(JA) WALL FAMILY LIVING TRUST, 3649 MONTCLAIR CIR

Chapter 42-23, North Port City Code; Accumulation of Debris

(Accumulation of debris throughout property consisting of all contents of

house in front yard.)

This case was brought into compliance with no further action required.

Case No

22-5662

(JA) CSMA BLT LLC, 3978 N BISCAYNE DR

Sec. 59-16(F)(1), North Port City Code, Parking Off Public Roadway

(Unlicensed car parked in City Right-of-way.)

This case was brought into compliance with no further action required.

Case No

22-5712

(JAG) ELIJAH & RAVELYN LEE, 5442 ANSONIA TER

Chapter 42-23, North Port City Code; Accumulation of Debris

(Accumulation of debris throughout the property consisting of down tree

limbs in rear yard, cinder blocks, snipe signs, plastic bags, shopping

cart, pieces of wood, and multiple other items.)

Section 42-24(a)(5) North Port City Code - Maintenance of stormwater

drainage area.

(Accumulation of debris in the City Right-of-way consisting of a fish tank,

and other miscellaneous items.)

This case was brought into compliance with no further action required.

Case No

22-5728

(JA) JASON & SHELLY GARDNER, 2764 FAIRBROOK ST

Section 4501.17, Florida Building Code Pursuant to Section 4501.17 of

the Florida Building Code

(In ground pool screens missing and pool is unsafe. Pool water is also

green, full of mosquito's and other vermin, and not being maintained.)

This case was brought into compliance with no further action required.

Case No

22-5736

(JAG) ANTHONY CAPOVERDE, 4312 WOOLEY AVE

Chapter 42-23, North Port City Code; Accumulation of Debris

(Accumulation of debris consisting of car parts, transmissions, bumpers,

metal bins, miscellaneous metal, engine hoist, popup tent, wheel barrel,

buckets, and other miscellaneous items.)

This case was brought into compliance with no further action required.

Case No

22-5741

(JAG) KURT NOTEBOOM, 4022 ABEND AVE

Chapter 70-56, North Port City Code Assigned numbers

(Assigned numbers affixed to residence missing 1 or more digits.

Address is reading 40_2.)

This case was brought into compliance with no further action required.

Case No

22-5747

(JAG) KERRY GARDNER, 2129 BONANZA LN

Sec. 1-19, Unified Land Development Code Local, state and Federal

permits required.

(No permit on file for the chain-link fence on the right side of the

property, and the wood fence being constructed on the left side of the

property. Also, a black tarp on the right side of the property connected to

the neighbors fence and the roof of the home which needs to be

removed.)

This case was brought into compliance with no further action required.

Case No

23-43

(JA) ALEXANDER RONALD DALE, 5715 N BISCAYNE DR

Section 45-5A, Unified Land Development Code - Land Clearing

(Attend the required Code Enforcement Hearing to states facts

concerning this violation.)

This case was brought into compliance with no further action required.

7. CONTINUED CASES

Case No

22-2786

(HLB) SKS Investment Properties LLC, 6511 Spring Haven Dr

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing.)

Hearing Officer Toale noted the following Cases will be heard at one time: No. 22-2786,

No, 22-5108, No. 22-5109, No. 22-5110, No.22-5111, No. 22-5112, No. 22-5113, No.

22-5115, No. 22-5116, No. 22-5117, No. 22-5123, No. 22-5124, No. 22-2125, No.

22-2126, and No. 22-5127.

Inspector Burton, being duly sworn, noted 20-30% of trees being affected.

Mr. Golen, being duly sworn, spoke to an agreement being reached and a fine of

$85,000 being imposed.

Jeffrey Boone, Boone, Boone, Boone, Koda & Frook, P.A., being duly sworn, noted the

property owner being in agreement with the fine.

Mr. Kiddy noted the fine would be spread evenly across the cases.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2786 6511

Spring Haven Drive to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-4297

(DG) GEORGE COHN, NOELEEN PATRICIA ASTA, 3892 DUAR TER

Chapter 105.1, Florida Building Code

(Permit required for three (3) heritage oak trees taken down on

property.)

Inspector Grandt, being duly sworn, noted the property was inspected on multiple

occasions, submitted photos into evidence, trees being removed prior to August, and

the New Tree Ordinance.

Property owner Noeleen Cohn, being duly sworn, submitted photos into evidence and

presented an overview including timeline of tree removal.

Mr. Grandt spoke to the diameter of tree stumps.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4297 3892

Duar Terrace to be in violation of Chapter 105.1, Florida Building Code for permit

required for three (3) heritage oak trees removed from property, imposed a fine of

$15,000, and spoke to the New Tree Ordinance controlling this situation.

Case No

22-5108

(HLB) SKS INVESTMENT PROPERTIES LLC, 2126 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5108 2126

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Case No

22-5109

(HLB) SKS INVESTMENT PROPERTIES LLC, 2132 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5109 2132

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Case No

22-5110

(HLB) SKS INVESTMENT PROPERTIES LLC, 2138 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5110 2138

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Code No

22-5111

(HLB) SKS INVESTMENT PROPERTIES LLC, 2144 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5111 2144

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Case No

22-5112

(HLB) SKS INVESTMENT PROPERTIES LLC, 2150 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5112 2150

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Case No

22-5113

(HLB) SKS INVESTMENT PROPERTIES LLC, 6571 SPRING HAVEN

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5113 6571

Spring Haven Drive to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5115

(HLB) SKS INVESTMENT PROPERTIES LLC, 6601 SPRING HAVEN

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5115 6601

Spring Haven Drive to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5116

(HLB) SKS INVESTMENT PROPERTIES LLC, 2075 VESTRIDGE ST

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5116 2075

Vestridge Street to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5117

(HLB) SKS INVESTMENT PROPERTIES LLC, 2115 VESTRIDGE ST

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5117 2115

Vestridge Circle to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5121

(JA) MICHAEL B MYCHALCZUK, 8646 LA BOCA AVE

Chapter 105.1, Florida Building Code

(Extensive storm damage to rear enclosed room off of the patio.

Residential remodel permit needed.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, permit being in submitted status, had contact with an associate of the

property owner, and contractor may pick up the permit.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5121 8646

La Boca Avenue to be in violation of Chapter 105.1, Florida Building Code for no

permit to repair extensive storm damage to rear enclosed patio and imposed

fine of $50 a day with a maximum of $5,000 to commence on March 21, 2023.

Case No

22-5123

(HLB) SKS INVESTMENT PROPERTIES LLC, 2159 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5123 2159

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Case No

22-5124

(HLB) SKS INVESTMENT PROPERTIES LLC, 2195 VESTRIDGE ST

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5124 2195

Vestridge Street to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5125

(HLB) SKS INVESTMENT PROPERTIES LLC, 2155 VESTRIDGE ST

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5125 2155

Vestridge Street to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5126

(HLB) SKS INVESTMENT PROPERTIES LLC, 2109 BRENT CIR

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5126 2109

Brent Circle to be in violation of Section 45-5A, Unified Land Development Code

(ULDC) for no permit on file for land clearing and imposed a fine of $5,666.67.

Case No

22-5127

(HLB) SKS INVESTMENT PROPERTIES LLC, 2154 VESTRIDGE ST

Section 45-5A, Unified Land Development Code

(No permit on file for land clearing)

This case was combined with Case No. 22-2786.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5127 2154

Vestridge Street to be in violation of Section 45-5A, Unified Land Development

Code (ULDC) for no permit on file for land clearing and imposed

$5,666.67.

a fine of

Case No

22-5153

(JAG) VOLODYMYR BARDONOV, 1645 RADA LN

Section 45-5A Unified Land Development Code

(Attend the required Code Enforcement Hearing to states facts

concerning this violation.)

Inspector Guilbault, being duly sworn, noted the property violation is in compliance.

This case was brought into compliance with no further action required.

Case No

22-5291

(HLB) KID KELLY BOXING & FITNESS INC C/O ARACELIS COLOME,

2876 N YORKSHIRE ST

Section 45-5A Unified Land Development Code

(Attend the required Code Enforcement Hearing to states facts

concerning this violation.)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, the number of trees removed is undetermined,

posted on property, and submitted photos into evidence.

a Stop Work Order was

Property owner Kelly Colome, being duly sworn, noted an area not covered in trees,

average tree diameter, number of trees removed, and intention was to clear lot of

damaged trees.

Mr. Burton spoke to trees being cut entire length of property.

Mr. Raducci, being duly sworn, spoke to stumps being measured and property being

zoned commercial.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5291 2876

North Yorkshire Street to be in violation of Section 45-5A, Unified Land

Development Code (ULDC) for tree removal without permit and imposed a fine of

$16,800.

Recess was taken from 11:10 a.m. to 11:12 a.m.

8. 1ST HEARING CASES

Case No

22-2559

(HLB) JHS BUILDERS LLC, 3315 LA GOY ST

Section 45-5A, Unified Land Development Code - Land Clearing

(Attend the required Code Enforcement Hearing to states facts

concerning this violation.)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, he had no contact with the property owner, the number of trees removed is

undetermined, and submitted photos into evidence.

Patrick Bray, Vice President JHS Builders, being duly sworn, submitted Gopher Tortoise

Relocation Request.

Mr. Applegate, being duly sworn, requested a continuance.

Based on evidence presented, Hearing Officer Toale continued Case No. 22-2559

3315 La Goy Street to the March 23, 2023 Code Enforcement Hearing.

Case No

22-5320

(JA) 211 MONITOR LLC, 4317 LOS RIOS ST

Chapter 105.1, Florida Building Code - Permit required.

(No permit on file for re-roof that was done on this residence.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, she had no contact with the property owner, a Stop Work Order was posted

on property, a permit needed for re-roof, and submitted photos into evidence.

Property owner Arthur Borys, being duly sworn, noted property damaged in hurricane,

no insurance, loan secured for roof, and litigation with former tenant.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5320 4317

Los Rios Street to be in violation of Chapter 105.1, Florida Building Code for no

permit on file for re-roof and imposed a fine of $10 a day with a maximum of

$5,000 to commence on March 21, 2023.

Case No

22-5592

(HLB) OFFERTICO LLC, 5064 ALAMETOS TER

Chapter 105.1, Florida Building Code - Permit required.

(Interior remodel done on residence with no permit on file.)

Inspector Burton, being duly sworn, noted the property was inspected multiple

occasions, he had contact with property owner, and submitted photos into evidence.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5592 5064

Alametos Terrace to be in violation of Chapter 105.1, Florida Building Code for

interior remodel done on residence with no permit on file and imposed a fine of

$50 a day with a maximum of $5,000 to commence on April 15, 2023.

Case No

22-5656

(HLB) JEAN LEONCE FRANCOIS FAMILY TR, 3498 WENTWORTH

Sec. 59-16(f)(4), North Port City Code - Trucks, buses, truck tractors,

trailers, boats and recreational vehicles are prohibited from parking on

the berm, shoulder and/or swale right-of-way area.

(Pontoon boat parked in City Right-of-way across the street from

residence.)

Sec. 59-16(f)(3), North Port City Code - No motor vehicle

(Truck and pontoon boat parked in City Right-of-way across the street

from residence, in front of a vacant lot.)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, he had contact with the property owner, and submitted one photo into

evidence.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5656 3498

Wentworth Street to be in violation of Section 59-16(f)(4), North Port City Code for

pontoon boat parked on the right-of-way and imposed a fine of $10 a day with a

maximum of $1,000 to commence on March 21, 2023.

Based on evidence presented, Hearing Officer Toale dismissed Case No. 22-5656

3498 Wentworth Street for the violation of Section 59-16(f)(3), North Port City

Code for pontoon boat parked on a vacant lot with no further action required.

Case No

22-5661

(DG) ANDREA

REISTERSTOWN RD

GRECO, BERLINDA

BLY GRECO, 5621

Section 42-24(a)(5) North Port City Code - Maintenance of stormwater

drainage area.

(Accumulation of debris in City Right-of-way consisting of household

trash, dry wall, and plastic containers.)

Inspector Grandt, being duly sworn, noted the property was inspected on multiple

occasions, he had no contact with the property owner, and submitted photos into

evidence.

David Smith, attorney representing the property owner, being duly sworn, noted

property was hurricane damaged, contractor unwilling to correct violation, and

requested a continuance.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5661 5621

Reisterstown Road to be in violation of Section 42-24(a)(5), North Port City Code

for maintenance of stormwater drainage area including household trash, dry wall,

and plastic containers and imposed a fine of $10 a day with a maximum of $1,000

to commence on April 15, 2023.

Case No

23-62

(JAG) JACKSONVILLE 1 LLC, 6348 N CRANBERRY BLVD

Section 45-5A, Unified Land Development Code - Land Clearing

(Attend the required Code Enforcement Hearing to states facts

concerning this violation.)

Inspector Guilbault, being duly sworn, noted the property was inspected on multiple

occasions, the number of trees removed is undetermined, and submitted photos into

evidence.

Bradford Matthews, Project Manager, being duly sworn, noted the property being an

on-going project, permits and licenses being obtained, surveys being completed, and

admitted fault for tree removal.

Hearing Officer Toale spoke to mitigating factors regarding fines.

Mr. Raducci, being duly sworn, spoke to the violation being under advisement.

Mr. Matthews continued regarding hurricane damage and workers clearing more land

than needed.

Mr. Guilbault spoke to the emergency Ordinance pertaining to residential property.

Mr. Matthews spoke to property being ready for construction and submitted a Pre-Tree

Removal Survey.

Mr. Guilbault spoke to removing trees outside the building footprint.

Mr. Raducci spoke to outstanding inspections.

Mr. Applegate, being duly sworn, spoke to mitigation still on the table and requested a

continuance.

Based on evidence presented, Hearing Officer Toale continued Case No. 23-62

6348 North Cranberry Boulevard to the March 23, 2023 Code Enforcement

Hearing.

9. 2ND HEARING CASES

Case No

22-1875

(JAG) Dominick Fiorello, 2154 Azure Rd

Section 105.4.1.1, Florida Building Code

(Expired Single Family Residence Permit)

Inspector Guilbault, being duly sworn, noted there being no changes to the property and

requested the Order be signed imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-1875 2154

Azure Road to be in violation of Section 105.4.1.1, Florida Building Code for

expired Single Family Residence Permit and will sign the Order imposing the

fine.

Case No

22-2138

(JA) FKH SFR Propco H LP, 2816 Industry Ave

Sec. 1-19, Unified Land Development Code

(No permit on file for fence installed on property.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2138 2816

Industry Avenue to be in violation of Section 1-19, Unified Land Development

Code (ULDC) for no permit on file for fence installed on property and will sign the

Order imposing the fine.

Case No

22-2704

(HLB) Scott Wayne Parsons, 1489 Grenard Cir

Sec. 59-16(c), North Port City Code

(Parking and storing RV trailer on vacant lot with no principal structure)

Chapter 105.1, Florida Building Code

(Permit required for underbrush removal to vacant lot site)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2704 1489

Grenard Circle to be in violation of Section 59-16(c), North Port City Code for

parking and storing RV trailer on vacant lot with no principal structure and will

sign the Order imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2704 1489

Grenard Circle to be in violation of Chapter 105.1, Florida Building Code for

permit required for underbrush removal to vacant lot site and will sign the Order

imposing the fine.

Case No

22-2754

(HLB) FELIX O CRUZ & MARIA RIVERA, 7314 LARGELEAF ST

Sec. 59-16(c), North Port City Code

(RV and Trailer parked on property with no principal structure.)

Section 53-240(A)(3) Unified Land Development Code

(Accessory structure with no principal structure on vacant lot. Structure

built of wood and metal siding.)

Chapter 42-23, North Port City Code; Accumulation of Debris

(Accumulation of debris within campsite consisting of tents, canopy,

miscellaneous household items, as well as trash in a pile.)

Sec. 46-148 City of North Port Code

(Camping prohibited)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2751 7314

Largeleaf Street to be in violation of Section 59-16(c), North Port City Code for RV

and Trailer parked on property with no principal structure and will sign the Order

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2751 7314

Largeleaf Street to be in violation of Section 53-240(A)(3), Unified Land

Development Code (ULDC) for accessory structure with no principal structure on

vacant lot and structure built of wood and metal siding and will sign the Order

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2751 7314

Largeleaf Street to be in violation of Chapter 42-23, North Port City Code for

accumulation

debris

within

campsite

consisting

tents,

canopy,

miscellaneous household items, as well as trash in a pile and will sign the Order

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2751 7314

Largeleaf Street to be in violation of Section 46-148, North Port City Code for

camping prohibited and will sign the Order imposing the fine.

Case No

22-2854

(HLB) ION PROPERTIES INC, 7556 HAMPSHIRE CIR

Section 105.4.1.1, Florida Building Code

(Expired permit 05-10773 for Single Family Residential. Please contact

Building and Permitting department 941-429-7044 option 3.)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-2854 7556

Hampshire Circle to be in violation of Section 105.4.1.1, Florida Building Code for

expired permit for Single Family Residential and will sign the Order imposing the

fine.

Case No

22-3167

(HLB) ILEANA SMARANDACHE, 8795 CRISTOBAL AVE

Chapter 105.1, Florida Building Code

(No permit on file for the Rock driveway with pipe installed in the City

Right-of-way)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found case No. 22-3167 8795

Cristobal Avenue to be in violation of Chapter 105.1, Florida Building Code for no

permit on file for the rock driveway with pipe installed in the City right-of-way and

will sign the Order imposing the fine.

Case No

22-4128

(HLB)

DUANE

WILSON

(CO-TTEE)

MARTHA

WILSON

(CO-TTEE) (WILSON FAMILY TRUST 1/31/07), 2870 PRETZEL LN

Sec. 1-19, Unified Land Development Code

(Two (2) sections of chain link fence in front of property near property

line on undeveloped lot)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4128 2870

Pretzel Lane to be in violation of Section 1-19, Unified Land Development Code

(ULDC) for two sections of chain link fence in front of property near property line

on undeveloped lot and will sign the Order imposing the fine.

Case No

22-4276

(JA) RICHARD GRAVES TTEE (RICHARD WILLIAM GRAVES FAMILY

TR DTD 10/16/01), 5848 SPEARMAN CIR

Sec. 1-19, Unified Land Development Code

(No permit for fencing on property.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4276 5848

Spearman Circle to be in violation of Section 1-19, Unified Land Development

Code (ULDC) for no permit for fencing on property and will sign the Order

imposing the fine.

Case No

22-4331

(HLB) FREDERICK & MILAGROS DREANY, 4064 SUBURBAN LN

Chapter 105.1, Florida Building Code

(No permit on file for hot water heater change out.)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4331 4064

Suburban Lane to be in violation of Chapter 105.1, Florida Building Code for no

permit on file for hot water heater change-out and will sign the Order imposing

the fine.

Case No

22-4480

(JA) MICHAEL D SCHILLER, 5950 SPEARMAN CIR

Chapter 42-23, North Port City Code

(Accumulation of debris consisting of loose trash, tires, wood, metal,

plastic, parts, and other miscellaneous household items that are

scattered about property, in front, side and rear of property. Tarps on

roof trop beginning to tear and fray, must be replaced only temporary. A

new roof permit is needed)

Chapter 105.1, Florida Building Code

(Makeshift metal and wood shed on property with no permit.)

Section 4501.17, Florida Building Code

(Inground pool must be secured, screens are off enclosure, and water

needs to be kept clean and clear of vermin and vectors.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and no permit for the shed.

Property owner Michael Schiller, being duly sworn, spoke to the active steps being

taken to bring property into compliance and scheduled a bulk pickup.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4480 5950

Spearman Circle to be in violation of Chapter 42-23, North Port City Code for

accumulation of debris consisting of loose trash, tires, wood, metal, plastic,

parts, and other miscellaneous household items in front and rear of property;

tarps on roof beginning to tear and fray and a new roof permit is needed and

imposed a fine of $10 a day with a maximum of $1,000 to commence on February

21, 2023.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4480 5950

Spearman Circle to be in violation of Chapter 105.1, Florida Building Code for

makeshift metal and woodshed on property with no permit and imposed a fine of

$10 a day with a maximum of $5,000 to commence on February 21, 2023.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4480 5950

Spearman Circle to be in violation of Section 4501.17, Florida Building Code for

in-ground pool unsecured, screens are off enclosure, and water needs to be kept

clean and clear of vermin and insects and imposed a fine of $10 a day with a

maximum of $5,000 to commence on February 21, 2023.

Case No

22-4566

(HLB) MILLARD W EHEART, 4047 SUBURBAN LN

Sec. 59-16(f)(4), North Port City Code

(RV camper parked in City Right-of-way, in front of residence)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4566 4047

Suburban Lane to be in violation of Section 59-16(f)(4), North Port City Code for

RV camper parked in City right-of-way, in front of residence and will sign the

Order imposing the fine.

Case No

22-4585

(JAG) FERNANDO A FROMETA III, 2398 REDSTONE AVE

Chapter 42-23, North Port City Code

(Accumulation of debris throughout the property consisting of shelving in

rear yard, windows, bed topper for a truck, vehicle jack, tarps, lawn

mowers, car tires, washer, dryer, pieces of wood, gas cans, oil pans,

and other miscellaneous items.)

Sec. 59-16(f)(5), North Port City Code

(White dodge truck being stored in the City Right-of-way, with grass and

weeds growing around it.)

Chapter 62-50, North Port City Code

(Solid waste containers improperly stored in front of the garage. Must be

stored behind the front plane of the home.)

Inspector Guilbault, being duly sworn, noted there being no changes to the property and

requested the Order be signed imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No.22-4585 2398

Redstone Avenue to be in violation of Chapter 42-23, North Port City Code for

accumulation of debris throughout the property consisting of shelving in rear

yard, windows, bed topper for a truck, vehicle jack, tarps, lawn mowers, car tires,

washer, dryer, pieces of wood, gas cans, oil pans, and other miscellaneous items

and will sign the Order imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No.22-4585 2398

Redstone Avenue to be in violation of Section 59-16(f)(5), North Port City Code

for truck being stored in the City right-of-way, with grass and weeds growing

around it and will sign the Order imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No.22-4585 2398

Redstone Avenue to be in violation of Chapter 62-50, North Port City Code for

solid waste containers improperly stored in front of the garage and will sign the

Order imposing the fine.

Case No

22-4778

(JA) CATHERINE PC LLC, 8030 CRISTOBAL AVE

Section 105.4.1.1, Florida Building Code

(Expired permit #19-4250 for Residential, Expired permit 14-4631 for

Electric Service Change out, Expired permit #17-3114 for Electric work.

Please

941-429-7044 option 3.)

Chapter 70-56, North Port City Code

contact

North

Port

Building

and

permitting

department

(No visible assigned numbers affixed to residence, Numbers must be

painted a contrasting color, or place on a contrasting Background.)

Inspector Ardinger, being duly sworn, noted property owner is downstairs reconciling

the violation.

Based on evidence presented, Hearing Officer Toale continued Case No. 22-4778

8030 Cristobal Avenue to the March 23, 2023 Code Enforcement Hearing.

Case No

22-4902

(JAG) FKH SFR PROPCO K LP, 3773 EAGLE PASS ST

Chapter 105.1, Florida Building Code

(Permit Required for Complete A/C and condenser change out, and

Permit Required for Water heater replacement as well.)

Inspector Guilbault, being duly sworn, noted there being no changes to the property and

requested the Order be signed imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-4902 3773

Eagle Street to be in violation of Chapter 105.1, Florida Building Code for no

permit for complete A/C and condenser change-out, and no permit for water

heater replacement and will sign the Order imposing the fine.

Case No

22-5095

(HLB) KEVIN SCHENCK, 2857 BIGNAY RD

Chapter 42-23, North Port City Code; Accumulation of Debris

(Accumulation of debris consisting of loose trash, household items, and

camping items/materials. Items on this property must be removed

returning property back to its natural state. Someone has set up a tent

and living on your vacant lot; If this is not anyone you gave permission to

please contact North Port PD for help with trespassing. North Port Police

Department Non-Emergency phone (941) 429-7300)

Inspector Burton, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5095 2857

Bignay Road to be in violation of Chapter 42-23, North Port City Code for

accumulation of debris consisting of loose trash, household items, and camping

items/materials and will sign the Order imposing the fine.

Case No

22-5276

(JA) COREY B LEACH, 8206 DOLOMITE AVE

Sec. 59-16(d), North Port City Code

(Vehicles in disrepair in driveway need to be repaired or covered with a

non transparent tarp.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5276 8206

Dolomite Avenue to be in violation of Section 59-16(d), North Port City Code for

vehicles in disrepair in driveway needing to be repaired or covered with a non

transparent tarp and will sign the Order imposing the fine.

Case No

22-5310

(JA) JAMES PATTEN, JAMES CHRISTOPHER GEARHART, 7811

TAPLIN AVE

Chapter 42-23, North Port City Code

(Accumulation of debris throughout the property that should be brought

down to the curb side or stored, consisting of totes, tarped items, lawn

mower, shelves, metal, chairs, wood, furniture, hoses, and other

miscellaneous items throughout the property.)

Inspector Ardinger, being duly sworn, noted the property was inspected on multiple

occasions, there being no changes to the property, and requested the Order be signed

imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5310 7811

Taplin Avenue to be in violation of Chapter 42-23, North Port City Code for

accumulation of debris throughout the property consisting of totes, tarped items,

lawn mower, shelves, metal, chairs, wood, furniture, hoses, and other

miscellaneous items and will sign the Order imposing the fine.

Case No

22-5319

(JAG) ART KRELL, 3522 CINCINNATI ST

Chapter 42-23, North Port City Code

(Accumulation of debris throughout property consisting of Plastic bags,

PVC piping, pieces of trash, buckets, bins, and multiple other

miscellaneous items.)

Inspector Guilbault, being duly sworn, noted there being no changes to the property and

requested the Order be signed imposing the fine.

Based on evidence presented, Hearing Officer Toale found Case No. 22-5319 3522

Cincinnati Street to be in violation of Chapter 42-23, North Port City Code for

10. GENERAL BUSINESS

23-0005

Case No. 22-075923 Trespass Appeal - Guadalupe and Guadalupe

6207 West Price Boulevard, North Port, FL

Community Center)

34287 (Morgan Family

Hearing Officer Toale presided.

All those wishing to provide testimony were previously sworn in.

Erick Guadalupe, being duly sworn, spoke to daughter having things stolen, handling

the situation better, his trespass being unwarranted, officer being disrespectful, and

trespass creates difficulty to pick up his children from the Morgan Center.

Mr. Golen, being duly sworn, spoke to the trespass encompassing all of Butler Park.

Samantha Cremen, Recreation Program Coordinator, being duly sworn, noted she was

present at the altercation, Ms. Guadalupe's screaming escalated the situation, building

supervisor asked Ms. Guadalupe to leave, police were called, and the dispute continued

outside the building.

Officer Jacqueline Calderone, being duly sworn, presented her account of the trespass,

noting she was not the officer directly involved with the altercation, and she contacted

the family later that evening.

Mr. Guadalupe spoke to Officer Calderone being in car when the disagreement took

place.

Jasmine Guadalupe, being duly sworn, spoke to her account of the story, denied threats

to officer, and left the area but returned for sister, and apologized for inappropriate

language.

Based on evidence presented, Hearing Officer Toale denied trespass appeal

Warning No. 23-075923.

23-0314

Case No. 23-007219 Parking Ticket Appeal - Pellot - 3750 Island Club

Drive, North Port, FL.

Hearing Officer Toale presided.

Jessica Pellot, being duly sworn, provided her account of the parking violation and

noted the handicapped tag was not present.

Mr. Golen, being duly sworn, noted placard was not displayed and police department

has no authority to dismiss traffic violations.

Based on evidence presented, Hearing Officer Toale dismissed the Trespass

Warning No. 23-007219.

11. PUBLIC COMMENT

There was no public cement.