4970 CITY HALL BLVD

NORTH PORT, FL 34286

City of North Port

Meeting Minutes

Code Compliance Hearing

Thursday, April 25, 2024

9:00 AM

City Commission Chambers

1. CALL TO ORDER

Hearing Officer Toale called the meeting to order at 9:00 a.m.

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Hearing Officer Toale.

ALSO PRESENT:

Code Enforcement Manager Raducci, Recording Secretary Kiddy, Inspector Grandt,

Inspector Schauer, Inspector Long, Assistant City Clerk Powell, Police Legal Advisor

Coughlin, and Arborist Ruff

3. PUBLIC COMMENT

Adelina Jera: Spoke to Case Nos. 24-707 and 24-717.

4. APPROVAL OF MINUTES

24-0591

Approve Minutes for the March 28, 2024 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 Mr. Powell swore in all

those wishing to provide testimony.

6. COMPLIANT CASES

A. Case No

(NL) MIKHAIL

TASSELL ST

RADZIONAU, EKATERINA BISTREVSKY; 2987 LA

23-4293

70-21, NPCC - It shall be unlawful

(Using City-Right-of-way as a driveway in the rear of his property with no

culvert, and no Right-of-way use permit.)

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

B. Case No

(NL) IAN ANDREW DAVID SMITH, BRENDA LEE SMITH; 1468 WOOD

ROSE ST

23-4819

Chapter 105.1, Florida Building Code - Permit required.

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

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

C. Case No

(DG) URIAN FAMILY TRUST CHARLIES T URIAN (TTEE); 7303 SPRING

HAVEN DR

23-5108

Chapter 105.1, Florida Building Code - Permit required.

(No permit on file for shed installed in rear of property.)

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

D. Case No

(DG) 1000 CLEVELAND LLC; 5111 RICHMOND TER

23-5221

Section 105.4.1.1, Florida Building Code- Permit has expired.

(Expired Permit 21-8504 WATER HEATER ELECTRIC 07/11/2021 IS)

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

E. Case No

(NL) KEVIN

JASMINE HERRERA, MINERVA OLGUIN GONZALEZ

23-5394

4168 MAGENTA AVE

Chapter 105.1, Florida Building Code - Permit required.

(No permit on file for shed on this property.)

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

F. Case No

(NL) FRANCISCO GUILLERMO; 1417 E PRICE BLVD

59-1 (c)(1), City Code Allowed parking

23-5439

(Boat parked on front side of house not parked on an improved surface.)

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

G. Case No

(KS) BRANDON M HAYS; 3118 LANDRUM ST

24-34

59-2, City Code, Damage to the public right-of-way, abatement by city

(Damage to the City Right-of-way by use of vehicles or ATV's.)

70-21, NPCC - It shall be unlawful

(Driving through City Right-of-way with no culvert)

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

H. Case No

(DG) SAMUEL J KING; 4112 MATTOX CIR

24-73

Sec 46-148 City of North Port Code (a) Camping is prohibited

(RV and Tents up on this undeveloped lot. Camping is prohibited on this

undeveloped lot, all items must be removing turning property back to its

natural state. If this is not anyone that you have given permission to, please

contact North Port Police Department non emergency dispatch to being the

Trespassing Affidavit.)

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

(Accumulation of debris consisting of miscellaneous trash throughout this

property.)

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

Case No

24-87

(DG) JOSHUA & JILL CALVERT; 6219 DALEWOOD CIR

59-1 (c)(1), City Code Allowed parking

(Trailer parked on an unimproved surface.)

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Vehicles parked in City Right-of-way.)

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

(Accumulation of debris consisting of wood in the driveway, as well as a

car frame on the left side of the house.)

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

J. Case No

(NL) NICOLE & GASPARD SENAT; 2809 DUMONT LN

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Vehicle parked in the City Right-of-way with no license plate, and is facing

the wrong direction of traffic.)

24-126

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

K. Case No

(NL) TRIPLE DEVELOPERS LLC; 1605 NORA LN

Section 105.4.1.1, Florida Building Code- Permit has expired.

(Permit 21-00015335 is expired.)

24-137

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

drainage area.

(Accumulation of debris in the City Right-of-way.)

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

L. Case No

(NL) THOMAS A & MARY R GREEN; 1953 MINCEY TER

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Vehicle parked in City Right-of-way.)

24-149

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

M. Case No

(NL) VICTOR GELLER; 2351 PILGER AVE

59-1(b)(2), North Port City Code, Prohibited parking

(Semi parked in Residential area.)

24-150

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

N. Case No

(DG) STEPAN GERMANOV; 3361 IROQUOIS AVE

59-1 (c)(1), City Code Allowed parking

24-199

(Trailer parked on undeveloped lot with no principal structure.)

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

O. Case No

(NL) TERRY A BRUNSON; 2591 SADNET LN

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Camper parked in City Right-of-way.)

24-236

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

P. Case No

(NL) HEXAGON DEVELOPERS LLC; 3086 POINT ST

33-7(D)(1)(C) Unified Land Development Code - Piling and storage of

debris

24-243

(Dumpster in the City Right-of-way in front of this construction site, is

overflowing. Additionally, dumpster must be removed from City

Right-of-way.)

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

Q. Case No

(KS) LEVENTE MOLNAR, BOGLARKA LENGYEL; 5458 GADBOYS AVE

Sec. 74-51. - Restrictions on certain vehicles

24-462

(Bobcat front loader parked on residential lot which is prohibited per

Code.)

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

8. 1ST HEARING CASES

K. Case No

(NL) JERROD RYAN ENGLISH REVOCABLE TRUST; 3923 PARTRIDGE

24-516

AVE

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

(Attend the required Code Enforcement Hearing to states facts concerning

this violation.)

Hearing Officer Toale announced the item.

Inspector Long, being duly sworn, provided a presentation including inspection, no permit,

unknown trees removed, property size, contact with property owner, and photographs

submitted into evidence.

Jerrod English, property owner, being duly sworn, spoke to property location, hurricane

Ian tree damages, neighborhood input, timeline, and witness statements submitted into

evidence.

Mr. Ruff, being duly sworn, spoke to tree removal, satellite imagery, damages, and site

visit.

Based on evidence presented, Hearing Officer Toale, found Case No. 24-516, 3923

Partridge Ave., to be in compliance with Section 45-5A, Unified Land Development

Code for land clearing and dismissed the violation.

L. Case No

(KS) LA NEGRITA ALEGRE LLC; 6333 ALHAMBRA AVE

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

(Attend the required Code Enforcement Hearing to states facts concerning

this violation.)

24-707

This case was heard with Case No. 24-717.

Hearing Officer Toale announced the item.

Inspector Schauer, being duly sworn, provided

a presentation including site visit, lot

clearing, tree removal, satellite imagery, and photographs submitted into evidence.

Mr. Ruff, being duly sworn, spoke to site visit, tree removal, heritage tree status, stump

removal, and wildlife impact.

Adelina Jera, girlfriend of property owner, being duly sworn, spoke to intent and permit

process.

Based on evidence presented, Hearing Officer Toale found Case No. 24-707, 6333

Alhambra Ave., to be in violation of Section 45-5A, Unified Land Development

Code for land clearing and imposed a fine of $15,000.

M. Case No

(KS) LA NEGRITA ALEGRE LLC; 6307 ALHAMBRA AVE

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

(Attend the required Code Enforcement Hearing to states facts concerning

this violation.)

24-717

This case was heard with Case No. 24-707.

Based on evidence presented, Hearing Officer Toale found Case No. 24-717, 6307

Alhambra Ave., to be in violation of Section 45-5A, Unified Land Development

Code for land clearing and imposed a fine of $15,000.

7. CONTINUED CASES

Case No

24-409

(DG) BURKE GROUP LLC; 1593 HOLLISTER AVE

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

(Attend the required Code Enforcement Hearing to states facts concerning

this violation.)

This case was heard with Case No. 24-398.

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, requested a continuance.

Based on evidence presented, Hearing Officer Toale continued Case No. 24-409,

1593 Hollister Ave., to the May 23, 2024, Code Compliance Hearing.

1ST HEARING CASES

J. Case No

(DG) BURKE GROUP LLC; 1593 HOLLISTER AVE

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

(Structure built on this property, as well as a fence, with no principal

structure.)

24-398

59-1 (c)(1), City Code Allowed parking

(Vehicle parked on this property with no principal structure.)

This case was heard with Case No. 24-409.

Based on evidence presented, Hearing Officer Toale continued Case No. 24-398,

1593 Hollister Ave., to the May 23, 2024, Code Compliance Hearing.

CONTINUED CASES

D. Case No

(KS) JOHN & AMANDA C SULLIVAN; 6308 STARFISH AVE

23-5447

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

(Debris consisting of household trash around the entire property an into the

City Right-of-way. Additionally there is dilapidated fence in the rear of the

property which should be removed, repaired, or replaced.)

Hearing Officer Toale announced the item.

Inspector Schauer, being duly sworn, provided

presentation including inspection,

continuance status, timeline, no changes to the property, debris, and photographs

submitted into evidence.

Amanada Sullivan, property owner, being duly sworn, spoke to continuance, fence costs,

and bulk pick up scheduled.

Mr. Raducci, being duly sworn, spoke to bulk pick up scheduled, fence status, and

recommendations.

Inspector Grandt, being duly sworn, spoke to bulk pick up scheduled.

Based on evidence presented, Hearing Officer Toale found Case No. 23-5447, 6308

Starfish Ave., to be in violation of Chapter 42-23, North Port City Code, for debris

and dilapidated fence and signed the order imposing the fine.

1ST HEARING CASES

A. Case No

(NL) BERNADETTE GILCHRIST; 3747 TREE CT

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

(Fence and three (3) sheds located on this property, with no permits and no

principal structure.)

23-4679

59-1 (c)(1), City Code Allowed parking

(Camper parked on this property, with no principal structure.)

Hearing Officer Toale announced the item.

Inspector Long, being duly sworn, provided

a presentation including inspection, no

permits, contact with property owner, and photographs submitted into evidence.

Bernadette Gilchrist, property owner, being duly sworn, spoke to violation notification

timeline, permit status, and photographs submitted into evidence.

Mr. Raducci, being duly sworn, spoke to primary structure status, structures on property,

and building permit status.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4679, 3747

Tree Ct., to be in violation of Section 53-240(A)(3), Unified Land Development Code

for fence and sheds on property with no permit on file and no principal structure

and imposed a fine of $25 a day with a maximum of $2000 to commence on August

4, 2024.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4679, 3747

Tree Ct., to be in violation of Chapter 59-1(c)(1), North Port City Code for camper on

property with no principal structure and imposed

maximum of $1000 to commence on August 4, 2024.

a fine of $10 a day with a

Case No

24-269

(NL) JOHN F & DAWN D KILBRIDE; 3630 PARADE TER

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

(Accumulation of debris in the driveway and on the side of home,

consisting of old air handlers and condensing units.)

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Trailer parked in City Right-of-way which is prohibited per City Code.)

Hearing Officer Toale announced the item.

Inspector Long, being duly sworn, provided a presentation including inspection, violation,

no contact with property owner, trailer location, and photographs submitted into evidence.

John Kilbridge, property owner, being duly sworn, spoke to property status, trailer

location, and timeline.

Based on evidence presented, Hearing Officer Toale found Case No. 24-269, 3630

Parade Ter., to be in violation of Chapter 42-23, North Port City Code for

accumulation of debris in driveway and side of home and imposed a fine of $10 a

day with a maximum of $1000 to commence on May 21, 2024.

Based on evidence presented, Hearing Officer Toale found Case No. 24-269, 3630

Parade Ter., to be in violation of Chapter 59-1(b)(1), North Port City Code for trailer

parked on city right-of-way and imposed a fine of $10 a day with a maximum of

$1000 to commence on May 21, 2024.

C. Case No

(DG) CRAIG L EITTREIM, MICHELE M MARRIOTT; 6103 FREEMONT ST

59-1 (c)(1), City Code Allowed parking

23-4776

(Number of vehicles on this property exceeds the amount permissible per

City Code. There were nine (9) vehicles counted including trailers,

motorcycles, a truck and a van- only six (6) allowed for this property size.)

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

(Accumulation of debris consisting of tires, and a trailer in the driveway full

of metal debris.)

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, provided

presentation including inspection,

violation, vehicle status, and photographs submitted into evidence.

Craig Eittreim, property owner, being duly sworn, spoke to hurricane Ian damages,

repairs, vehicles, and timeline.

Based on evidence presented, Hearing Officer Toale, found Case No. 23-4776, 6103

Freemont St., to be in compliance with Chapter 59-1(c)(1), North Port City Code for

vehicles in excess of the amount permissible per city code and dismissed the

violation.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4686, 7811

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

accumulation of debris in driveway and imposed

maximum of $1000 to commence on August 4, 2024.

a fine of $10 a day with a

CONTINUED CASES

B. Case No

(NL) ROBERTO MENDEZ; 2805 BREWSTER RD

23-4120

Chapter 105.1, Florida Building Code - Permit required.

(No permit on file for driveway and or culvert pipe. Lot is an UDL owned by

the property adjacent to it. Lot must be combined before permit can be

applied for.)

Hearing Officer Toale announced the item.

Inspector Long, being duly sworn, provided a presentation including inspection, violation,

no changes to property, and submitted photographs into evidence.

Roberto Mendez, property owner, being duly sworn, spoke to permit submitted and

timeline.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4120, 2805

Brewster Rd., to be in violation of Chapter 105.1, Florida Building Code for

driveway and/or culvert pipe with no permit on file and imposed a fine of $10 a day

with a maximum of $5000 to commence on May 21, 2024.

A. Case No

(DG) GEORGE W III GOODSPEED, LYNNSEE MARIE TAYLOR; 7270

HIAWATHA TER

23-2099

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

( Accessory / Lot with Principal Fence/gate on vacant lot with no accessory

structure which is un-permitted.)

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, provided

violation, and contact with property owner.

presentation including inspection,

George Goodspeed, property owner, being duly sworn, spoke to fence status and

maximum fine amount.

Based on evidence presented, Hearing Officer Toale found Case No. 23-2099, 7270

Hiawatha Ter., to be in violation of Section 53-240(A)(3), Unified Land Development

Code for fence/gate on vacant lot with no accessory structure and imposed a fine of

$25 a day with a maximum of $2000 to commence on May 21, 2024.

C. Case No

(DG) GULF COAST ASSEMBLY OF GOD INC; 2800 PAN AMERICAN

23-5065

BLVD

Chapter 105.1, Florida Building Code - Permit required.

(No permit on file for commercial remodel/lanai enclosure done on this

residence.)

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, provided

violation, and permit application submitted.

presentation including inspection,

Based on evidence presented, Hearing Officer Toale continued Case No. 23-5065,

2800 Pan American Blvd., to the May 23, 2024, Code Compliance Hearing.

1ST HEARING CASES

B. Case No

(DG) JAMES PATTEN, JAMES CHRISTOPHER GEARHART; 7811

TAPLIN AVE

23-4686

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

(Debris on left side of the house consisting of plastic buckets, wood, and

other miscellaneous debris.)

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

drainage area.

(Accumulation of debris in City Right-of-way consisting of plastic buckets,

chairs, and other miscellaneous items.)

59-1 (c)(1), City Code Allowed parking

(Prohibited parking of vehicles in front yard, and in City Right-of-way.)

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, provided

presentation including inspection,

violations, contact with property owner, and photographs submitted into evidence.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4686, 7811

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

accumulation of debris on left side of house and imposed a fine of $10 a day with a

maximum of $1000 to commence on May 21, 2024.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4686, 7811

Taplin Ave., to be in compliance with Chapter 42-24(a)(5), North Port City Code for

accumulation of debris in city right-of-way and dismissed the violation.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4686, 7811

Taplin Ave., to be in violation of Chapter 59-1(c)(1), North Port City Code for

parking vehicles in front yard and city right-of-way and imposed a fine of $10 a day

with a maximum of $1000 to commence on May 21, 2024.

D. Case No

(DG) MATTHEW WHITE; 2210 MCTAGUE ST

24-79

59-1 (c)(1), City Code Allowed parking

(Three (3) vehicles on this property with expired tags.)

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

(Accumulation of debris in front of the garage consisting of a roll of tarps, a

ladder, boxes, freezer chest, air compressor, coolers, and other

miscellaneous items.)

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, provided

presentation including inspection,

violation, expired tags, debris, and photographs submitted into evidence.

Based on evidence presented, Hearing Officer Toale found Case No. 24-79, 2210

McTague St., to be in violation of Chapter 59-1(c)(1), North Port City Code for

vehicles with expired tags and imposed a fine of $10 a day with a maximum of

$1000 to commence on May 21, 2024.

Based on evidence presented, Hearing Officer Toale found Case No. 23-4686, 7811

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

accumulation of debris in front of garage and imposed a fine of $10 a day with a

maximum of $1000 to commence on May 21, 2024.

E. Case No

(KS) PATRICIA A BRADLEY; 7511 PERENNIAL RD

59-1 (c)(1), City Code Allowed parking

24-97

(Green Mustang parked on vacant lot with no principal structure.)

Hearing Officer Toale announced the item.

Inspector Schauer, being duly sworn, provided

violation, and photographs submitted into evidence.

presentation including inspection,

Based on evidence presented, Hearing Officer Toale found Case No. 24-97, 7511

Perennial Rd., to be in violation of Chapter 59-1(c)(1), North Port City Code for

vehicle parked on vacant lot with no principal structure and imposed a fine of $10 a

day with a maximum of $1000 to commence on May 21, 2024.

F. Case No

(KS) BRITTANY M PHILLIPS, LAURIE O NEAL; 6820 MYRTLEWOOD RD

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

(Accumulation of debris consisting of a full trash dumpster and a pile of

miscellaneous junk in driveway.)

24-183

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Vehicle parked on property partially blocking sidewalk, impeding thru

pedestrian traffic.)

59-1 (c)(1), City Code Allowed parking

(Vehicle parked in front yard and not on an improved surface.)

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

G. Case No

(NL) ALLIED NORTH CONSTRUCTION CORP; 2591 VERDE TER

33-7(D)(1)(C) Unified Land Development Code - Piling and storage of

debris

24-246

(Accumulation of debris on this construction site consisting of

miscellaneous trash items that are overflowing from the dumpster.)

Hearing Officer Toale announced the item.

Inspector Long, being duly sworn, provided a presentation including inspection, violation,

and photographs submitted into evidence.

Based on evidence presented, Hearing Officer Toale found Case No. 24-246, 2591

Verde Ter., to be in violation of Section 33-7(D)(1)(C), Unified Land Development

Code for accumulation of debris on construction site and overflowing dumpster

and imposed a fine of $25 a day with a maximum of $2000 to commence on May

21, 2024.

H. Case No

(DG) KATHLEEN T VALLEJO; 2806 CHICKASAW AVE

59-1 (b)(1), North Port City Code, Prohibited parking - Right-of-way.

(Two (2) vehicles parked in City Right-of-way.)

24-255

59-1 (c)(1), City Code Allowed parking

(Car and boat parked on property, and not on improved surface.

Additionally there is an RV parked on side easement.)

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

(Accumulation of debris next to driveway consisting of miscellaneous car

parts.)

Hearing Officer Toale announced the item.

Inspector Grandt, being duly sworn, requested a continuance.

Based on evidence presented, Hearing Officer Toale continued Case No. 24-255,

2806 Chickasaw Ave., to the May 23, 2024, Code Compliance Hearing.

9. GENERAL BUSINESS

24-0476

Case No. 24010965 Trespass Appeal - Appellant - 1602 Kramer Way

(Mullen Activity Center)

Hearing Officer Toale announced the item.

Ms. Coughlin, being duly sworn, spoke to no contact with appellant and recommendation.

Based on evidence presented, Hearing Officer Toale denied trespass appeal Case

No. 24010965.

24-0521

Case No. 24014244 Trespass Appeal - Smith - 6207 W. Price Blvd.

(Morgan Family Community Center)

Hearing Officer Toale announced the item.