4970 CITY HALL BLVD  
NORTH PORT, FL 34286  
City of North Port  
Meeting Minutes - Final  
Code Enforcement Hearing  
Thursday, March 23, 2023  
9:00 AM  
City Commission Chambers  
1. CALL TO ORDER  
Hearing Officer Toale called the meeting to order at 9:04 a.m.  
Also Present  
Assistant City Attorney Katlyn Coughlin, 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  
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  
A. Case No  
(HLB) JHS BUILDERS LLC, 3315 LA GOY ST  
22-2559  
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.  
B. Case No  
(JA) EMPIRE HORIZONS LLC, 7960 SYDNEY AVE  
Section 42-72, North Port City Code  
22-4179  
(Abandoned property required to be registered by City of North Port.)  
This case was brought into compliance with no further action required.  
C. Case No  
(JA) MICHAEL B MYCHALCZUK, 8646 LA BOCA AVE  
Chapter 105.1, Florida Building Code  
22-5121  
(Extensive storm damage to rear enclosed room off of the patio.  
Residential remodel permit needed.)  
This case was brought into compliance with no further action required.  
D. Case No  
(HLB) JEAN LEONCE FRANCOIS FAMILY TR, 3498 WENTWORTH ST  
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.  
22-5656  
(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.)  
This case was brought into compliance with no further action required.  
E. Case No  
(JA) DWELL WELL INC, 6145 DEMING AVE  
22-5734  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris throughout the rear and side yards consisting of  
miscellaneous bulk items and yard waste. There is also a broken shed in  
rear yard that is encroaching on to neighboring property.)  
Sec. 104.13 -FBC All buildings, structures, electrical, gas, mechanical or  
plumbing systems which are unsafe, unsanitary, or which do not provide  
adequate egress, or which constitute a fire hazard, or are otherwise  
dangerous to human life, or which in relation to existing use, constitute a  
hazard to safety or health, are to be considered unsafe building or service  
systems. All such unsafe buildings, structures, or service systems are  
hereby declared illegal and shall be abated by repair and rehabilitation or  
by demolition in accordance with the provisions of Section 115 of this  
Chapter, the International Property Maintenance Code (2012) Section 108  
as revised or other applicable local ordinance,  
(Front of property is falling apart, and part of roof is missing and is open to  
all elements.)  
This case was brought into compliance with no further action required.  
F. Case No  
(JA) JERRY MAX VANEPPS (E LIFE EST), 4245 GORGAS ST  
Chapter 42-23, North Port City Code; Accumulation of Debris  
22-5806  
Accumulation of debris throughout the property consisting of household  
items, furniture, car parts, appliances and other miscellaneous items.)  
This case was brought into compliance with no further action required.  
G. Case No  
(JAG) EUSEBLO PEREZ PERALTA, 2778 FLAGAMI LN  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris consisting of buckets, coolers, drywall, bins, and  
multiple other miscellaneous items.)  
22-5820  
This case was brought into compliance with no further action required.  
H. Case No  
(JA) ANDREW & CHARLOTTE SPEVAK, 7090 ELYTON DR  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris throughout property which appears to be an  
eviction.)  
22-5837  
This case was brought into compliance with no further action required.  
I.  
Case No  
22-5868  
(JA) DIANE INC, 2502 TRIANNA ST  
Sec. 59-16(f), North Port City Code Parking off public roadway.  
(Trailer being parked in City Right-of-way.)  
This case was brought into compliance with no further action required.  
J. Case No  
(JA) YEHUDA A ZOLTY, 6605 RUE CT  
22-5891  
Per Section 104.5 of the Florida Building Code, this structure has been  
inspected and deemed unsafe for occupancy by the Building Official.  
(Damaged canopy on property that a tree has fallen into, that needs to be  
repaired or removed. In addition the tree should also be removed.)  
This case was brought into compliance with no further action required.  
K. Case No  
(JA) JOHN J NICHOLSON, 4126 NELE ST  
22-5894  
Chapter 105.1, Florida Building Code - Permit required.  
(No permit on file for shed located on property.)  
This case was brought into compliance with no further action required.  
L. Case No  
(JA) MARGARET CROSS-SHELNUTT, 5149 BULLARD ST  
Chapter 105.1, Florida Building Code - Permit required.  
(No permit on file for lanai/carport converted into a living area without a  
permit.)  
22-5899  
This case was brought into compliance with no further action required.  
M. Case No  
(HLB) DAMIAN WOODARD, 2538 VINEYARD CIR  
22-5928  
Chapter 105.1, Florida Building Code - Permit required.  
(No permit on file for under brushed vacant lot.)  
Sec. 46-148 City of North Port Code (a) Camping is prohibited  
(Camping prohibited on this vacant lot.)  
Sec. 59-16(c), North Port City Code Parking and storing vehicles on a  
residential lot.  
(RV being stored on vacant lot with no principal structure.)  
Chapter 70-21, North Port City Code It shall be unlawful for any person to  
move or cause to be moved, drive or operate in, upon or across or depart  
from or enter upon any City road in any vehicle, contrivance or device in  
such a manner as to cause damage to any City road, right-of-way,  
drainage or utility structure and/or facility. The possession of a vehicle  
weight permit by such a person shall not constitute a defense herein.  
(Driving through City Right-of-way to access property with no right-of-way  
use permit.)  
This case was brought into compliance with no further action required.  
N. Case No  
(JAG) EVELYN YURIDIA SEDLAR, EDUARDO JAVIER SEDLAR, 4461  
POCATELLA AVE  
22-5929  
Sec. 59-16(e), North Port City Code Parking Prohibited on Public  
Roadway  
(Two (2) trucks and trailers are parked in the middle of the road blocking  
traffic.)  
Sec. 59-16(i), North Port City Code - The storage or overnight parking of  
any of the following vehicles is prohibited, except as permitted in Section  
59-16(c)(1):  
(Bobcat being parked on the right side of the property.)  
Sec. 59-16(f), North Port City Code Parking off public roadway.  
(Blocking sidewalk with trucks and trailers.)  
Sec. 59-16(c)(2), North Port City Code Parking and Storing Vehicles on a  
Residential Lot The following combined total maximum number of vehicles  
and/or boats shall be permitted to be parked in the front, side or rear yards  
of a residential lot based on lot size: Under 11,000 square feet – 6 11,000  
to 22,000 square feet – 8 Over 22,000 square feet - 8 with 1 additional for  
every 10,000 square feet over 22,000 with a maximum of 12 total.  
(Number of vehicles on this property exceeds the amount permissible by  
City Ordinance, which is six (6). Ten (10) were counted to include, Chevy  
SUV with trailer behind it, Box Truck, Black trailer, Gray Chevy Tahoe,  
Trailer, White Ford Truck, White Dodge Truck, White trailer in the rear yard,  
as well was a bobcat on right side of property.)  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris consisting of a large pile of pallets in the front yard  
and other miscellaneous items.)  
Sec. 53-122D, Unified Land Development Code The operation of a  
business unless specifically permitted as a home occupation. There shall  
not be evidence of business activity on the premises, including the parking  
and storage of commercial vehicles, material storage, inordinate vehicular  
traffic, outside storage, or advertising signs.  
(Storing materials for business at this property.)  
This case was brought into compliance with no further action required.  
O. Case No  
(HLB) VTALY SHAPIOR, ANNA KLEIN, 5344 ARLEY RD  
22-5935  
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.  
(White enclosed trailer parked in City Right-of-way.)  
This case was brought into compliance with no further action required.  
P. Case No  
(HLB) CHRISTINA A CALABRO, JENNIFER SCHAEFER, 4153 PIQUA  
AVE  
22-5945  
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.  
(Enclosed trailer being parked in City Right-of-way.)  
This case was brought into compliance with no further action required.  
Q. Case No  
(JAG) HOME SFR BORROWER LLC, C/O HAVENBROOK HOMES,  
5651 LINGLE ST  
22-5963  
Chapter 105.1, Florida Building Code - Permit required.  
(No permit on file for residential remodel which is required per City Code.)  
This case was brought into compliance with no further action required.  
R. Case No  
(JAG) IVAN LATYSHEV & JORDAN LESLIE, 3285 TUSKET AVE  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Two expired permits on file, 20-52, as well as 20-3786.)  
23-02  
This case was brought into compliance with no further action required.  
S. Case No  
(JA) BERNARD & JANE MC DERMOTT, 6593 KENWOOD DR  
Chapter 105.1, Florida Building Code - Permit required.  
(No permit on file for new garage door installed.)  
23-10  
This case was brought into compliance with no further action required.  
T. Case No  
(JA) RAHEEM AHMAD KHAN, 6097 TANEYTOWN ST  
23-15  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Two (2) expired permits on file with the City, 21-109 Culvert/ Right of Way,  
as well as permit 20-3904 for Window Replacement.)  
This case was brought into compliance with no further action required.  
U. Case No  
(JAG) VADYM KOZHARKO, IRINA NIKOLAYEVNA GALCHUK, 5638  
ANSONIA TER  
23-42  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris throughout property consisting of car parts,  
windshields, seats from vehicles, buckets, cardboard boxes, aluminum  
shelving, Washer/Dryer, boxes of wood, mattresses, box springs and other  
miscellaneous items.)  
Sec. 59-16(F)(1), North Port City Code, Parking Off Public Roadway  
(Unlicensed Gray minivan parked in City Right-of-way.)  
Sec. 59-16(f)(3), North Port City Code - No motor vehicle  
(White BMW being parked and worked on in City Right-of-way, in front of  
the vacant lot to the right of the property.)  
Sec. 59-16(d), North Port City Code Vehicle Repair, Maintenance,  
Disassembly Ordinary vehicle maintenance and repair  
(White BMW being worked on in City Right-of-way, in front of vacant lot to  
the right of property.)  
Sec. 59-16(c)(3) North Port City Code Parking & Storing Vehicles on a  
Residential Lot  
(There are three (3) unlicensed vehicles associated with this property. Gray  
Sedan in the rear yard, Gray Minivan out by the road, as well as a White  
BMW in the City Right-of-way.)  
Chapter 62-50, North Port City Code Refuse container(s) shall be placed  
at the pick-up location no earlier than 6:00 p.m. on the evening prior to or  
later than 7:00 a.m. on the day pick-up is scheduled. Container(s) must be  
properly stored by 10:00 p.m. on the day of collection. Container(s) MAY  
NOT be stored in front of residence.  
(Solid waste containers improperly stored at the street outside the time  
frame permissible by City Code.)  
This case was brought into compliance with no further action required.  
V. Case No  
(JAG)  
SPENCER  
W
HOLLERAN,  
HOLLY  
HOLLERAN,  
2063 S  
23-45  
CRANBERRY BLVD  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Expired Permit 21-1409 -RESIDENTIAL REMODEL.)  
This case was brought into compliance with no further action required.  
W. Case No  
(JAG) ELIZABETH LYNN, 1778 NABATOFF ST  
23-58  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Expired permit: 21-2496 PREFAB SHED 121-200 SF 03/04/2021 )  
This case was brought into compliance with no further action required.  
X. Case No  
(DG) TAMMY J DELLIQUADRI, 2817 ZANDER TER  
23-668  
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  
A. Case No  
(JA) CATHERINE PC LLC, 8030 CRISTOBAL AVE  
22-4778  
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.)  
This case was brought into compliance with no further action required.  
B. Case No  
(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.)  
23-62  
Inspector Guilbault, being duly sworn, noted the property was inspected on multiple  
occasions, submitted photos into evidence, and the property owner met with the arborist.  
Mr. Applegate, being duly sworn, spoke to the mitigation amount.  
Braint Matthews, Authorized Representative, being duly sworn, agreed with the  
calculation.  
Based on evidence presented, Hearing Officer Toale found Case No. 23-62 6348  
North Cranberry Boulevard, to be in violation of Section 45-5A, Unified Land  
Development Code (ULDC) for land clearing and imposed a fine of $66,950.  
8. 1ST HEARING CASES  
A. Case No  
(DG) CAYLA LYNNE MARIE MCKENZIE, CODY J MCKENZIE, 2244  
PENGUIN LN  
22-5729  
Sec. 59-16(c), North Port City Code Parking and storing vehicles on a  
residential lot.  
(Trailers being parked on vacant lot down the road from residence, that has  
a different owner.)  
Chapter 34-23, North Port City Code Any person who engages in any  
business, occupation or profession who does not pay the required  
business tax within 150 days after the notice that the tax is due and who  
does not obtain the required local business tax receipt is subject to civil  
actions and penalties, including court costs, reasonable attorney fees,  
additional administrative costs incurred as a result of collection efforts and  
a penalty of up to $250.00 in addition to cost of business tax.  
(Expired business tax receipt for business being operated from this  
residence.)  
Sec. 59-16(f)(3), North Port City Code No motor vehicle as defined in  
section (a) shall be parked on the berm, shoulder or swale right-of-way  
area adjacent to any residential lot where the owner of the vehicle is not  
also lawfully residing at the property, or without receiving the express  
permission of the property owner; except to be in compliance with the  
lawful direction of a law enforcement officer. In no instance shall parking be  
permitted where doing so may cause damage to the drainage swale.  
(Damage to City Right-of-way/swale area in front of this property.)  
Sec. 53-122 - Prohibited Uses and Structures, ULDC D. The operation of  
a business unless specifically permitted as a home occupation. There shall  
not be evidence of business activity on the premises, including the parking  
and storage of commercial vehicles, material storage, inordinate vehicular  
traffic, outside storage, or advertising signs.  
(Evidence of business being ran from this residence. Construction supplies  
being stored on this property, blocking the road with heavy duty trailers and  
deliveries of cement and other materials.)  
Inspector Grandt, being duly sworn, noted the property was inspected on multiple  
occasions, he had contact with the property owner, and submitted photos into evidence.  
Based on evidence presented, Hearing Officer Toale dismissed Case No. 22-5729  
2244 Penguin Lane for the violation of Section 59-16(c), North Port City Code for  
parking and storing vehicles on  
a residential lot, and trailers being parked on  
vacant lot down the road on the City right-of-way with no further action required.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5729 2244  
Penguin Lane to be in violation of Chapter 34-23, North Port City Code for evidence  
of  
a business operating on premises with an expired business tax receipt and  
imposed a fine of $10 a day with a maximum of $1,000 to commence on April 18,  
2023.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5729 2244  
Penguin Lane to be in violation of Section 59-16(f)(3), North Port City Code for  
motor vehicle parked on the berm, shoulder or swale damaging City right-of-way,  
owner of the vehicle is not lawfully residing at the property, and imposed a fine of  
$10 a day with a maximum of $1,000 to commence on April 18, 2023.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5729 2244  
Penguin Lane to be in violation of Section 53-122, Unified Land Development Code  
(ULDC) for the operation of a business being ran from this residence including  
construction supplies stored on the property, and blocking the road with  
heavy-duty trailers for deliveries of materials and imposed a fine of $25 a day with a  
maximum of $2,000 to commence on April 18, 2023.  
B. Case No  
(JAG) JACQUELINE E THOMAS, 1501 DEXTER RD  
22-5765  
Sec. 59-16(c), North Port City Code Parking and storing vehicles on a  
residential lot.  
(Three (3) trucks and trailers parked on the vacant lot to the right of this  
residence with no principle structure and not owned by same owner.)  
Inspector Guilbault, being duly sworn, noted the property was inspected on multiple  
occasions, he had no contact with the property owner, and submitted photos into  
evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5765 1501  
Dexter Road to be in violation of Section 59-16(c), North Port City Code for parking  
and storing vehicles on a residential lot and imposed a fine of $10 a day with a  
maximum of $1,000 to commence on April 18, 2023.  
C. Case No  
(HLB) KENNETH ALFRED BECKOM, 6739 PUNTING CIR  
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.  
22-5838  
(Trailer parked in City Right-of-way.)  
Section 42-24(a)(5) North Port City Code - Maintenance of stormwater  
drainage area.  
(Accumulation of debris in City Right-of-way consisting of lumber.)  
Sec. 59-16(c), North Port City Code Parking and storing vehicles on a  
residential lot.  
(RV and other vehicles being stored on a vacant lot with no principal  
structure.)  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris throughout the property consisting of camping  
material, trash, chairs, pallets, and  
other miscellaneous items.)  
Chapter 70-21, North Port City Code It shall be unlawful for any person to  
move or cause to be moved, drive or operate in, upon or across or depart  
from or enter upon any City road in any vehicle, contrivance or device in  
such a manner as to cause damage to any City road, right-of-way,  
drainage or utility structure and/or facility. The possession of a vehicle  
weight permit by such a person shall not constitute a defense herein.  
(Driving through City Right-of-way to access property with no Right-of-way  
use permit on file.)  
Inspector Burton, being duly sworn, noted the property was inspected on multiple  
occasions, he had no contact with the property owner, one violation brought into  
compliance, and submitted photos into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5838 6739  
Punting Circle to be in compliance with Section 59-16(f)(4), North Port City Code for  
trucks, buses, truck tractors, trailers, boats and recreational vehicles parking on the  
berm, shoulder and/or swale in City right-of-way with no further action required.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5838 6739  
Punting Circle to be in violation of Section 42-24(a)(5), North Port City Code for  
failure to maintain the stormwater drainage area including accumulation of debris  
in City right-of-way and imposed a fine of $10 a day with a maximum of $1,000 to  
commence on April 18, 2023.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5838 6739  
Punting Circle to be in violation of Section 59-16(c), North Port City Code for  
parking and storing vehicles on  
a vacant lot with no principal structure and  
imposed a fine of $10 a day with a maximum of $1,000 to commence on April 18,  
2023.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5838 6739  
Punting Circle to be in violation of Chapter 42-23, North Port City Code for  
accumulation of debris throughout the property consisting of camping material,  
trash, chairs, pallets, and other miscellaneous items and imposed a fine of $10 a  
day with a maximum of $1,000 to commence on April 18, 2023.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5838 6739  
Punting Circle to be in violation of Chapter 70-21, North Port City Code damage to  
drainage area in the City right-of-way and imposed a fine of $10 a day with a  
maximum of $1,000 to commence on April 18, 2023.  
D. Case No  
(HLB) ZACHARY SIMPSON, MEAGHAN SMITH, 6836 LONGAN RD  
Section 45-5A, Unified Land Development Code - Land Clearing  
(Attend the required Code Enforcement Hearing to states facts concerning  
this violation.)  
22-5843  
Inspector Burton, being duly sworn, noted the property was inspected on multiple  
occasions, the number of trees removed is undetermined, and submitted photos into  
evidence.  
Property Owner Zachary Simpson, being duly sworn, spoke to underbrush being  
removed, stored construction equipment on property after hurricane Ian, estimated 10  
trees removed, other trees already down, and estimated the diameter of fallen trees.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5843 6836  
Longan Road to be in violation of Section 45-5A, Unified Land Development Code  
(ULDC) for removing 10 trees and imposed a fine of $12,000.  
E. Case No  
(HLB) RICHARD PARSONS, 2501 BIGNAY RD  
22-5887  
REPEAT VIOLATION - Chapter 42-23, North Port City Code; Accumulation  
of Debris  
(-This is a REPEAT violation- Accumulation of debris on this vacant lot  
consisting of tents, tarps, generators, trash, and other miscellaneous items.  
All debris on this property must be removed returning property back to its  
natural state. Case Number 20-1134- Inspector Ardinger 03/06/2020, case  
became in compliance after 1st hearing. Case Number 22-492- Inspector  
Kiddy 02/23/2022, Fines were assessed after hearing.)  
Sec. 46-148 City of North Port Code (a) Camping is prohibited  
(*This is a repeat violation* Camping prohibited on this vacant lot. If this is  
not anyone that you have given permission to, please contact North Port  
Police department non-emergency line to begin trespass affidavit violation.  
Case Number 20-1134- Inspector Ardinger 3/06/2020, case became in  
compliance after 1st hearing. Case Number 22-492- Inspector Kiddy  
02/23/2022, Fines were assessed after hearing.)  
Inspector Burton, being duly sworn, noted the property was inspected on multiple  
occasions, he had contact with the property owner, trespass warning issued, people  
remain on property, this being a repeat violation, property in process of being forfeited to  
the City, and submitted photos into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5887 2501  
Bignay Road to be a repeat violation of Chapter 42-23, North Port City Code for  
accumulation of debris and imposed a fine of $500 per day with a maximum of  
$25,00 to commence on April 18, 2023.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5887 2501  
Bignay Road to be a repeat violation of Section 46-148, North Port City Code for  
continued camping on property consisting of tents, tarps, generators, trash, and  
other miscellaneous items and imposed a fine of $500 a day with a maximum of  
$25,000 to commence on April 18, 2023.  
F. Case No  
(JAG) AMY L & RAYMOND R GRIM, 2779 CHEROKEE ST  
Chapter 105.1, Florida Building Code - Permit required.  
(No permit on file for a garage conversion into livable space)  
22-5915  
Inspector Guilbault, being duly sworn, requested a continuance.  
Based evidence presented, Hearing Officer Toale continued Case No. 22-5915 2779  
Cherokee Street to the May 25, 2023 Code Enforcement Hearing.  
G. Case No  
(JA) TURMUTUS M COX, 5975 SPEARMAN CIR  
22-5921  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of vegetative debris throughout this property.)  
Inspector Ardinger, being duly sworn, noted the property was inspected on multiple  
occasions, she had no contact with the property owner, and submitted photos into  
evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5921 5975  
Spearman Circle to be in violation of Chapter 42-23, North Port City Code for the  
accumulation of debris and imposed a fine of $10 a day with a maximum of $1,000  
to commence on April 18, 2023.  
H. Case No  
(JAG) WHITE WING CAPITAL LLC, 5550 S SALFORD BLVD  
Chapter 105.1, Florida Building Code - Permit required.  
22-5943  
(Permit required for residential remodel due to tree falling and crushing  
roof as well as significantly damaging property)  
Inspector Guilbault, being duly sworn, noted the property was inspected on multiple  
occasions, he had contact with the property owner, and submitted photos into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5943 5550  
South Salford Boulevard to be in violation of Chapter 105.1, Florida Building Code  
for no permit for remodel due to tree falling on house and imposed a fine of $50 a  
day with a maximum of $5,000 to commence on June 7, 2023.  
I.  
Case No  
22-5953  
(JAG) SUMTER SQUARE LLC, Parcel ID:1002160121  
Sec. 37-29(H)(5) Unified Land Development Code, Roadway Design and  
Construction Standards  
(Missing and damaged stop signs throughout this parcel (This is a private  
road))  
Case No. 22-5953 was heard with Case No. 22-5954.  
Inspector Guilbault, being duly sworn, noted the property was inspected on multiple  
occasions, he had no contact with the property owner, the road being privately -owned,  
and submitted photos into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5953 Parcel  
ID:1002160121 to be in violation of Section 37-29(H)(5), Unified Land Development  
Code (ULDC) for missing/damaged stop signs throughout the parcel and imposed a  
fine of $25 a day with a maximum of $2,000 to commence on April 18, 2023.  
J. Case No  
(JAG) SUMTER SQUARE LLC, Parcel ID:1002170011  
Sec. 37-29(H)(5) Unified Land Development Code, Roadway Design and  
Construction Standards  
22-5954  
(Missing and damaged stop signs throughout this parcel. This is a private  
road.)  
Case No. 22-5954 was heard with Case No. 22-5953.  
Inspector Guilbault, being duly sworn, noted the property was inspected on multiple  
occasions, he had no contact with the property owner, and submitted photos into  
evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5954 Parcel  
ID:1002170011 to be in violation of Section 37-29(H)(5), Unified Land Development  
Code (ULDC) for missing/damaged stop signs throughout the parcel and imposed a  
fine of $25 a day with a maximum of $5,000 to commence on April 18, 2023.  
K. Case No  
(JAG) NORTH PORT GATEWAY EAST ASSOCIATION INC, C/O N  
DWAYNE GRAY JR ESQ, Parcel ID:1002180121  
22-5955  
Sec. 37-29(H)(5) Unified Land Development Code, Roadway Design and  
Construction Standards  
(Missing and damaged signs throughout this parcel.)  
Inspector Guilbault, being duly sworn, noted the property was inspected on multiple  
occasions, he had no contract with the property owner, the road is privately-owned, and  
submitted photos into evidence.  
Based on evidence presented, Hearing Officer Toale Found Case No. 22-5955 Parcel  
ID:1002180121 to be in violation of Section 37-29(H)(5) Unified Land Development  
Code (ULDC) for missing and damaged signs throughout the parcel and imposed a  
fine of $25 a day with a maximum of $2,000 to commence on April 18, 2023.  
L. Case No  
(JA) TURMUTUS M COX, 5975 SPEARMAN CIR  
22-5959  
Sec. 104.13 -FBC All buildings, structures, electrical, gas, mechanical or  
plumbing systems which are unsafe, unsanitary, or which do not provide  
adequate egress, or which constitute a fire hazard, or are otherwise  
dangerous to human life, or which in relation to existing use, constitute a  
hazard to safety or health, are to be considered unsafe building or service  
systems. All such unsafe buildings, structures, or service systems are  
hereby declared illegal and shall be abated by repair and rehabilitation or  
by demolition in accordance with the provisions of Section 115 of this  
Chapter, the International Property Maintenance Code (2012) Section 108  
as revised or other applicable local ordinance,  
(Building deemed unsafe per Building Official Derek Applegate.)  
Inspector Ardinger, being duly sworn, noted the property was inspected on multiple  
occasions, she had no contact with the property owner, and submitted photos into  
evidence.  
Mr. Applegate, being duly sworn, spoke to the type of permit required to bring the  
property into compliance.  
Based on evidence presented, Hearing Officer Toale found Case No. 22-5959 5975  
Spearman Circle to be in violation of Section 104.13, Florida Building Code for  
unsafe or unsanitary buildings, structures, electrical, gas, mechanical or plumbing  
systems which do not provide adequate egress, or which constitute a fire hazard, or  
are otherwise dangerous to human life, or which constitute a hazard to safety or  
health and are unsafe in accordance with the provisions of Section 115 of the ULDC  
and imposed a fine of $250.00 a day with no maximum, to commence on April 18,  
2023.  
M. Case No  
(JA) SEAN MURPHY, JESSICA COFFEE, 6349 SAN SALVADOR RD  
Chapter 70-56, North Port City Code Assigned numbers must be at least  
three (3) inches in height, in Arabic numeral form, placed on a contrasting  
background visible from the street.  
23-21  
(No visible assigned numbers affixed to residence.)  
Inspector Ardinger, being duly sworn, noted the property was inspected on multiple  
occasions, she had no contact with the property owner, and submitted one photo into  
evidence.  
Based on evidence presented, Hearing Officer Toale found Case No.23-21 6349 San  
Salvador Road to be in violation of Chapter 70-56, North Port City Code for no  
visible assigned numbers affixed to residence and imposed a fine of $10 a day with  
a maximum of $1,000 to commence on April 18, 2023.  
N. Case No  
(JA) DARRYL W & CLARA J HENRY, 5111 RICHMOND TER  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris in rear yard consisting of a ladder, antenna, as well  
as possible clothes line in tree. In addition dead trees/bushes in rear yard  
need to be removed.)  
23-71  
Inspector Ardinger, being duly sworn, noted the property was inspected on multiple  
occasions, she had no contact with the property owner, and submitted photos into  
evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 23-71 5111  
Richmond Terrace to be in violation of Chapter 42-23, North Port City Code for  
accumulation of debris in rear yard consisting of  
a ladder, antenna, possible  
clothesline in tree, and dead trees/bushes in rear yard and imposed a fine of $10 a  
day with a maximum of $1,000 to commence on April 18, 2023.  
O. Case No  
(HLB) CAMERON ROSS HAYES, BRITTANY ALISE HAYES, 4000  
BARBARY LN  
23-119  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Expired Permit 21-2974 NON-STRUCTURAL FENCE.)  
Inspector Burton, being duly sworn, noted the property was inspected on multiple  
occasions, he had no contact with the property owner, and submitted photos into  
evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 23-119 4000  
Barbary Lane to be in violation of Section 105.4.1.1, Florida Building Code for  
expired permit for a non-structural fence and imposed a fine of $50 a day with a  
maximum of $5,000 to commence on April 18, 2023.  
P. Case No  
(HLB) LOUIS JULNER TELCY, MARIE CLAUDIE TELCY, 7865 ORIOLE  
23-444  
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, permit not being secured prior to removal of trees, the number of trees  
removed is undetermined, he had contact with property owner via phone calls and text  
messages, tree removal permit required on vacant lots, and submitted photos into  
evidence.  
Property owner Julner Telcy, being duly sworn, spoke to hurricane damaged trees,  
contractor stated no need for permit, broken trees, three palm trees removed, and  
submitted document noting number of trees removed.  
Based on evidence presented, Hearing Officer Toale continued Case No. 23-444  
7865 Oriole Street to the April 27, 2023 Code Enforcement Hearing.  
Q. Case No  
(HLB) NIKOLAY BOGDANOV, 3081 YACOLT AVE  
23-496  
Chapter 58-104, North Port City Code Occupancy of any building is  
prohibited until the type of occupancy has been established and said  
building is in compliance.  
(Home is being lived in with no certificate of occupancy, and underlying  
inspections required per Florida Building Code.)  
Sec. 59-16(F)(1), North Port City Code, Parking Off Public Roadway  
(Unlicensed vehicle parked in City Right-of-way.)  
Sec. 59-16(f)(2), North Port City Code, Parking Off Public Roadway  
(Vehicle parked in City Right-of-way, in front of residence, is parked in the  
incorrect direction of traffic.)  
Inspector Burton, being duly sworn, requested a continuance.  
Based on evidence presented, Hearing Officer Toale continued Case No. 23-496  
3081 Yacolt Avenue to the April 27, 2023 Code Enforcement Hearing.  
R. Case No  
(JA) PALLADIO DEVELOPMENTS LLC, 2850 ESCAMBIA CIR  
Section 45-5A, Unified Land Development Code - Land Clearing  
(Attend the required Code Enforcement Hearing to states facts concerning  
this violation.)  
23-693  
Inspector Ardinger, being duly sworn, noted the property was inspected on multiple  
occasions, the permit being secured but clearing done on wrong lot, number of trees  
removed is undetermined, and submitted photos into evidence.  
Jesse Thomas Construction Manager of Palladio Developments, LLC, being duly sworn,  
spoke to pursing legal recourse for the erroneous work.  
Based on evidence presented, Hearing Officer Toale found Case No. 23-693 2850  
Escambia Circle to be in violation of Section 45-5A, Unified Land Development  
Code (ULDC) for land clearing and imposed a fine of $15,000.  
9. 2ND HEARING CASES  
A. Case No  
(JA) EMPIRE HORIZONS LLC, 7960 SYDNEY AVE  
Section 104.5, Florida Building Code  
22-4178  
(Front and back of property open and unsecured. Roof wide open and  
pieces falling down. Structure needs to be repaired)  
Inspector Ardinger, being duly sworn, noted there being no change in the property and  
requested the Order be signed imposing the fine.  
Based on evidence presented Hearing Officer Toale found Case No. 22-4178 7960  
Sydney Avenue to be in violation of Section 104.5, Florida Building Code for front  
and back of property open and unsecured, roof wide open and pieces falling down,  
and structure needing to be repaired and signed the Order imposing the fine.  
B. Case No  
(JA) 211 MONITOR LLC, 4317 LOS RIOS ST  
22-5320  
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 no changes in the property and requested the  
Order be signed imposing the fine.  
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 work on the residence and signed the Order imposing the  
fine.  
10. GENERAL BUSINESS  
23-0464  
A.  
Case No. 23-009779 Trespass Appeal - Stern - 4970 City Hall Boulevard  
(City Hall)  
Hearing Officer Toale presided.  
All those wishing to provide testimony were previously sworn in.  
Mark Stern, being duly sworn, provided an account of the trespass violation.  
Ms. Coughlin, being duly sworn, cross examined Mr. Stern including attorneys involved,  
the firearm allegation, calls to City Manager's Office, the return of his firearm, and called  
witnesses to the stand.  
Officer Allison Berry, being duly sworn, spoke to knowledge of Mr. Stern, prior arrest,  
Risk Protection Order, return of firearms, State Attorney's criminal case, possession of  
firearm, Mr. Stern's accounts of the event, and confirmed there being no physical contact  
with Mr. Stern’s vehicle.  
Mr. Stern cross examined Officer Berry regarding the verbal exchange with Mr. Stern,  
search warrant requirements, knowledge of firearm situation, contacting the State  
Attorney, returning firearms, and not being present during the trespass incident.  
Anna Duffey, being duly sworn, spoke to details of the first phone call, Mr. Stern's  
behavior and tone in the lobby, communication with law enforcement, voice mails  
received, lawsuits threatened, recording of voice mail played, having no prior knowledge of  
Mr. Stern, and recounted Mr. Stern's verbal exchange in the City Manager's Office.  
Mr. Stern cross examined Ms. Duffey regarding her experience, his demeanor in the  
office, meetings scheduled with the City Manager, future communication through Mr.  
Stern's attorney, calling security, law enforcement response, firearm jurisdiction, receipt  
of certified mail, current legal actions, her safety, and awareness of City Attorney's  
actions.  
Hearing Officer Toale spoke to client/attorney privilege.  
Ms. Coughlin spoke to the current behavior of Mr. Stern.  
Jerome Fletcher, being duly sworn, spoke to the office lobby incident, Mr. Stern's  
conduct, and authorizing a trespass warning.  
Mr. Stern cross examined Mr. Fletcher regarding alleged false police report, Ms. Duffy's  
statement regarding his vacation, contact through his attorney, video recording, requests  
for an appointment, tone with Ms. Duffey, weapons being released, the trespass warning,  
and City Commission's role.  
Officer Scott Guzman, being duly sworn, spoke to Sergeant Shield's issuance and  
service of the trespass warning,  
Mr. Stern cross examined Assistant City Attorney Coughlin regarding participation in the  
criminal case, submittal of a public records request, redacting police names, submittal of  
a Police Public Records Request, his behavior, and documents filed.  
Ms. Coughlin spoke to the trespass warning, criminal aspects to the trespass, escalation  
of behavior, returning firearm, advisement of City employees not meeting in private  
quarters, Mr. Stern’s decorum in public meetings, and requesting that his access be  
limited to public meetings.  
Mr. Stern spoke to his rights, alleged illegal acts made by the City Attorney,  
a
determination to continue calling City Hall, firing the City Manager, damage to his  
automobile, his firearm training, and reason for entering City Manager's Office.  
Mr. Toale requested for case law to be provided.  
Based on evidence presented, Hearing Officer Toale continued Case No. 23-009779,  
granting eleven (11) days for both parties to provide case law studies, after which a  
ruling will be made within five (5) days, with the Trespass Violation remaining in  
place until the ruling.  
11. PUBLIC COMMENT  
There was no public comment.  
12. ADJOURNMENT  
Hearing Officer Toale adjourned the meeting at 11:49 a.m.  
____________________________  
James E. Toale, Hearing Officer  
Minutes were approved on the ___ day of _________, 2023.