4970 CITY HALL BLVD  
NORTH PORT, FL 34286  
City of North Port  
Meeting Minutes  
Code Enforcement Hearing  
Thursday, January 23, 2025  
9:00 AM  
City Commission Chambers  
1. CALL TO ORDER  
Hearing Officer Toale called the meeting to order at 9:00 a.m.  
ALSO PRESENT:  
City Clerk Heather Faust, Assistant City Attorney Katlyn Coughlin, Code Enforcement  
Manager Kevin Raducci, Recording Secretary Leslie VanAtti, Code Enforcement  
Inspectors Louis Cerbone, Joshua Presson, and Gavyn O'Neil  
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  
25-1816  
Approval of the October 24, 2024 Code Enforcement Hearing Minutes  
A.  
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. Faust swore in all those  
wishing to provide testimony.  
6. COMPLIANT CASES  
A. Case No  
(JP) SAMUEL T SEPP; 8169 DOROTHY AVE  
24-2018  
Chapter 70-56, North Port City Code Assigned numbers  
(No visible assigned numbers affixed to residence)  
This case was brought into compliance with no further action required.  
B. Case No  
(NL) TRUST US INVESTMENTS LLC; 7955 JAYMAN RD  
Section 105.4.1.1, Florida Building Code- Permit has expired  
(SFR permit 22-1953 expired on 10-28-23)  
24-3035  
This case was brought into compliance with no further action required.  
C. Case No  
(GO) HILDA A QUINTANA-MOLINA, 6098 SAN SALVADOR RD  
2012 International Property Maintenance Code Section 108.1.1 - Unsafe  
structures  
24-3910  
(Construction site has broken out windows around the entire unfinished  
property, resulting in glass shards that are scattered throughout on the  
ground. Additionally, this construction site has not been boarded off  
allowing access to an unsafe construction site)  
This case was brought into compliance with no further action required.  
D. Case No  
(NL) DONALD & LINDA JOHNSTON, 8231 LOMBRA AVE  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Expired permit 22-3775 for land clearing (2 oak trees), expired on  
3-30-23.)  
24-4031  
This case was brought into compliance with no further action required.  
7. CONTINUED CASES  
A. Case No  
(LC) JOHN EDWARD SHCLARR; 1733 KADASHOW AVE  
24-1679  
42-85 North Port City Code  
-
Adoption of standards by reference.  
International Property Maintenance Code, 304 Exterior Structure - 304.1  
General. The exterior of a structure shall be maintained in good repair,  
structurally sound and sanitary so as not to pose a threat to the public  
health, safety or welfare. 304.1.1 Unsafe conditions. The following  
conditions shall be determined as unsafe and shall be repaired or replaced  
to comply with the International Building Code or the International Existing  
Building Code as required for existing buildings:  
* 7. Exterior walls that are not anchored to supporting and supported  
elements or are not plumb and free of holes, cracks or breaks and loose or  
rotting materials, are not properly anchored or are not capable of  
supporting all nominal loads and resisting all load effects.  
(Abandoned construction site without window or door frames. The  
abandoned structure causes a possible hazardous for persons entering.  
There is also no retaining fences or posted warning signage)  
Hearing Officer Toale announced the item.  
Inspector Cerbone, being duly sworn, provided a presentation including no changes to the  
property, requested the order imposing the fine be signed, and photograph into evidence,  
and responded to questions regarding intent of continuation.  
John Shclarr, property owner, being duly sworn, spoke to obtaining new permit and status  
of permit and responded to questions regarding request for permit.  
Mr. Toale spoke to options and application history/status.  
Mr. Raducci, being duly sworn, questioned the property owner regarding documents  
submitted with the request for permit and recommended finding the property owner in  
violation and continue to March.  
Mr. Toale recessed this case to allow for additional information to be obtained regarding  
the permit status.  
Mr. Cerbone spoke to status of permit and additional information required regarding  
drainage.  
Based on evidence presented, Hearing Officer Toale found Case No. 24-1679, 1733  
Kadashow Ave., to be in violation of Chapter 42-85, North Port City Code, for  
abandoned construction site without window or door frames and no retaining  
fences or posted warning signage and continued the case to the February 27, 2025  
Code Enforcement Hearing.  
8. 1ST HEARING CASES  
A. Case No  
(GO) SB&G LIMITED HOLDINGS LLC, 4438 HARTSOOK AVE  
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  
24-3342  
(No visible assigned numbers affixed to residence)  
59-1 (c)(1), City Code Allowed parking - A property owner shall only have a  
boat, light duty vehicle, oncall/on-duty wrecker, recreational vehicle, or  
trailer parked on their residential lot when the lot contains a principal  
structure, and pursuant to the following limitations:  
a. Combined maximum parking. The combined maximum number of light  
duty vehicles and boats allowed to park on a residential lot is determined  
based on the lot's size, as follows: Residential  
Lot Size Total Vehicles and/or Boats  
10,999 square feet or smaller 6  
11,000 to 20,999 square feet 8  
21,000 to 30,999 square feet 9  
31,000 to 40,999 square feet 10  
41,000 to 50,999 square feet 11  
Page 2 of 2  
51,000 square feet and larger 12  
b. Boat and trailer parking. A boat on a trailer shall count as one item  
towards the combined maximum parking allowed on a residential lot.  
c. Location limits. No boat, light duty vehicle, recreational vehicle, and/or  
trailer shall be parked on a residential lot except as follows:  
1. Front yard parking. A parked vehicle/boat must rest entirely upon a  
driveway in the front yard.  
2. Side or rear yard parking. A parked vehicle/boat must rest so that no  
part encroaches into an easement on the side or rear yard. *Driveway. An  
improved surface located between the public street and a private property  
that provides ingress and egress of vehicular traffic from the public street to  
a definite area on the private property, such as a carport, garage, or house.  
(Trailer parked on property and not on an improved surface)  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris consisting of a trailer that is overflowing with trash  
and tree branches.)  
Hearing Officer Toale announced the item.  
Inspector O’Niel, being duly sworn, provided a presentation including inspections, no  
contact with property owner, and photographs submitted into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3342, 4438  
Hartsook Ave., 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/day with  
maximum of $1000 to start on Feb 18, 2025 if not brought into compliance by  
February 17, 2025.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3342, 4438  
Hartsook Ave., to be in violation of Chapter 59-1, North Port City Code, for trailer  
parked on property and not on an improved surface and imposed a fine $10/day  
with maximum of $1000 to start on Feb 18, 2025 if not brought into compliance by  
February 17, 2025.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3342, 4438  
Hartsook Ave., to be in violation of Chapter 42-23, North Port City Code, for  
accumulation of debris consisting of a trailer that is overflowing with trash and tree  
branches and imposed a fine $10/day with maximum of $1000 to start on Feb 18,  
2025 if not brought into compliance by February 17, 2025.  
B. Case No  
(GO) ARTHUR FERREIRA ALVES, 3727 COQUINA AVE  
24-3396  
Chapter 42-23, North Port City Code; Accumulation of Debris  
(Accumulation of debris on this property consisting of a shelf, toys,  
containers, and other miscellaneous items. Additionally, the patio in the  
rear of the property is dilapidated and needs to be removed or repaired)  
Hearing Officer Toale announced the item.  
Inspector O’Neil, being duly sworn, stated this case was brought into compliance.  
This case has come into compliance with no further action required.  
C. Case No  
(JP) MARZAN CONSTRUCTIONS LLC, 3808 ALBATROS LN  
International Property Maintenance Code 302.4 Weeds. Premises and  
exterior property shall be maintained free from weeds or plant growth in  
excess of 12 inches. Noxious weeds shall be prohibited  
24-3667  
(Grass and/or weeds on this property are excessive in height, and is in  
violation of City Code)  
Hearing Officer Toale announced the item.  
Inspector Presson, being duly sworn, provided a presentation including inspections, no  
contact with property owner, and photographs submitted into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3667, 3808  
Albatros Ln., to be in violation of International Property Maintenance Code 302.4,  
for grass and/or weeds excessive in height, and in violation of City Code and  
imposed a fine $10/day with maximum of $1000 to start on February 18, 2025 if not  
brought into compliance by February 17, 2025.  
D. Case No  
(LC) ESTERO DEVELOPMENT PARTNERS, 2487 FLAGAMI LN  
Section 33-7C(3), Unified Land Development Code Silt screens are not  
installed properly, site is at risk of potential erosion  
24-3798  
(No soil erosion in place which is allowing soil and sand to wash into the  
roadway.  
)
Section 105.4.1.1, Florida Building Code- Permit has expired  
(Permit number 21-10347 for a single family residence has expired)  
33-7(D)(1)(C) Unified Land Development Code - Piling and storage of  
debris; landscaped berms. The pile of debris shall be completely enclosed  
on all four (4) sides  
(The property grounds are littered with construction materials and debris)  
42-85 North Port City Code  
-
Adoption of standards by reference.  
International Property Maintenance Code, 304 Exterior Structure - 304.1  
General. The exterior of a structure shall be maintained in good repair,  
structurally sound and sanitary so as not to pose a threat to the public  
health, safety or welfare. 304.1.1 Unsafe conditions. The following  
conditions shall be determined as unsafe and shall be repaired or replaced  
to comply with the International Building Code or the International Existing  
Building Code as required for existing buildings:  
* 7. Exterior walls that are not anchored to supporting and supported  
elements or are not plumb and free of holes, cracks or breaks and loose or  
rotting materials, are not properly anchored or are not capable of  
supporting all nominal loads and resisting all load effects.  
(The plywood roof is uncovered, and is starting to weather and splinter.)  
Hearing Officer Toale announced the item.  
Inspector O’Neil, being duly sworn, provided a presentation including inspections, contact  
with property owner, and photographs submitted into evidence.  
Mr. Toale spoke to fine procedure.  
Reed Schwarzel, property owner, being duly sworn, responded to questions regarding  
intent for property, and timeline.  
Mr. Toale spoke to timeline for compliance.  
Mr. Raducci, being duly sworn, recommended finding in violation immediately and actions  
that could be taken to bring into compliance.  
Ms. Coughlin, being duly sworn, spoke to liability to the City.  
Mr. Schwarzel requested clarification regarding boarding the structure.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3798, 2487  
Flagami Ln., to be in violation of Section 33-7C3, Unified Land Development Code,  
for no soil erosion in place which is allowing soil and sand to wash into the  
roadway and imposed a fine $25/day with maximum of $2000 to start on Feb 18,  
2025 if not brought into compliance by February 17, 2025.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3798, 2487  
Flagami Ln., to be in violation of Section 105.4.1.1, Florida Building Code, for  
expired single family residence permit and imposed a fine $50/day with maximum  
of $5000 to start on Feb 18, 2025 if not brought into compliance by February 17,  
2025.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3798, 2487  
Flagami Ln., to be in violation of Chapter 42-85, North Port City Code, for  
uncovered plywood roof and imposed a fine $250/day with no maximum o start on  
Feb 18, 2025 if not brought into compliance by February 17, 2025.  
E. Case No  
(JP) PALLADIO DEVELOPMENT LLC, 4251 BILLINGHAM LN  
Section 105.4.1.1, Florida Building Code- Permit has expired.  
(Expired SFR Building Permit #22-9026, expired on 7-17-24.)  
33-7(D)(1)(C) Unified Land Development Code - Piling and storage of  
debris; landscaped berms. The pile of debris shall be completely enclosed  
on all four (4) sides  
24-3870  
(Overall unkempt appearance of this construction site- with debris  
scattered throughout. Debris is overflowing from dumpster, and blowing  
throughout the property and in to the City Right-of-way)  
Hearing Officer Toale announced the item.  
Inspector Presson, being duly sworn, provided  
a presentation including inspections,  
contact with property owner, and photographs submitted into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3870, 4251  
Billingham Ln., to be in violation of Section 105.4.1.1, Florida Building Code, for  
expired single family residence permit and imposed a fine $50/day with maximum  
of $5000 to start on February 18, 2025 if not brought into compliance by February  
17, 2025.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 3870, 4251  
Billingham Ln., to be in violation of Section 33-7(D)(1)(C), Unified Land  
Development Code, for unkept appearance of construction site and accumulation  
of construction material and debris and imposed a fine $25/day with maximum of  
$2000 to start on February 18, 2025 if not brought into compliance by February 17,  
2025.  
F. Case No  
(GO) NATALYA & NICK TUR, 5121 GAGHAGEN ST  
59-1 (c)(1), City Code Allowed parking - A property owner shall only have a  
boat, light duty vehicle, oncall/on-duty wrecker, recreational vehicle, or  
trailer parked on their residential lot when the lot contains a principal  
structure, and pursuant to the following limitations:  
a. Combined maximum parking. The combined maximum number of light  
duty vehicles and boats allowed to park on a residential lot is determined  
based on the lot's size, as follows:  
24-3963  
Residential  
Lot Size Total Vehicles and/or Boats  
10,999 square feet or smaller 6  
11,000 to 20,999 square feet 8  
21,000 to 30,999 square feet 9  
31,000 to 40,999 square feet 10  
41,000 to 50,999 square feet 11  
51,000 square feet and larger 12  
b. Boat and trailer parking. A boat on a trailer shall count as one item  
towards the combined maximum parking allowed on a residential lot.  
c. Location limits. No boat, light duty vehicle, recreational vehicle, and/or  
trailer shall be parked on a residential lot except as follows:  
1. Front yard parking. A parked vehicle/boat must rest entirely upon a  
driveway in the front yard.  
2. Side or rear yard parking. A parked vehicle/boat must rest so that no  
part encroaches into an easement on the side or rear yard. *Driveway. An  
improved surface located between the public street and a private property  
that provides ingress and egress of vehicular traffic from the public street to  
a definite area on the private property, such as a carport, garage, or house.  
(A Truck and Two (2) trailers parked/stored on unimproved surface in the  
front of this construction site. being stored on unimproved surface in front 2  
trailers parked on unimproved surface in front of property. No dumpster on  
site Damaged silt fence)  
33-7(D)(1)(C) Unified Land Development Code - Piling and storage of  
debris; landscaped berms. The pile of debris shall be completely enclosed  
on all four (4) sides  
(There is no dumpster or other garbage containment on this construction  
site, of which is required per Code. Additionally, the porta john on this  
construction site is tipped over and should be stood back up.)  
Section 33-7C(3), Unified Land Development Code Silt screens are not  
installed properly, site is at risk of potential erosion  
(Damaged silt fence on this construction site. Silt fence should be repaired  
or replaced.)  
This case has come into compliance with no further action required.  
G. Case No  
(LC) VASILIY & LYUDMILA & SERGEY KORDONSKIY, 4418 SHRIMP LN  
59-2, City Code, Damage to the public right-of-way  
24-4004  
(The underground culvert pipe has been uprooted along the Madagascar  
side of the property which is interrupting storm water flow. It appears that  
this damage was caused by vehicles and trailers with boat driving through  
the right-of-way without a concrete slab. Culvert and Right-of-way permit  
must be filed, and culvert must be repaired or replaced.)  
Hearing Officer Toale announced the item.  
Inspector Cerbone, being duly sworn, provided a presentation including inspections, no  
contact with property owner, and photographs submitted into evidence.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 4004, 4418  
Shrimp Ln., to be in violation of Chapter 59-2, North Port City Code, for uprooted  
underground culvert pipe and imposed a fine $10/day with maximum of $1000 to  
start on February 18, 2025 if not brought into compliance by February 17, 2025.  
H. Case No  
(LC) VLADIMIR PASHCHUK, 5302 BAYBERRY ST  
Section 45-5A, Unified Land Development Code - Land Clearing  
(Attend the required Code Enforcement Hearing to states facts concerning  
this violation)  
24-4117  
Hearing Officer Toale announced the item.  
Inspector Cerbone, being duly sworn, provided  
a presentation including inspections,  
contact with property owner, and photographs submitted into evidence and responded to  
questions regarding number of trees cleared, and contact with property owner.  
Vladimir Pashchuk, property owner, being duly sworn, spoke to lot purchase, no  
knowledge of permit requirements, photographs submitted into evidence, and trees and  
grass planted and responded to questions regarding location of house, discussion  
regarding number of trees removed and tree status.  
Mr. Toale reviewed criteria for determining number of trees removed and fines.  
Mr. Pashchuk stated only one tree was removed due to damage and denied removal of  
tree stumps and responded to questions regarding sod installation.  
Mr. Cerbone responded to questions regarding determination of number of trees, GIS  
aerial of lot,  
Mr. Raducci, being duly sworn, spoke to removed tree in regard to tree size/dimensions.  
Mr. Toale spoke to process for obtaining permits for removal of diseased trees and prior  
owner removal of trees.  
Mr. Raducci spoke to process for removing trees.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 4117, 5302  
Bayberry St., to be in violation of Section 45-5A, Unified Land Development Code,  
for land clearing and imposed a fine of $800 for the removal of one tree with  
approximate diameter of 8 inches.  
9. 2ND HEARING CASES  
A. Case No  
(NL) ALAN & KATHLEEN QUACKENBUSH; 3326 TUSKET AVE  
Chapter 105.1, Florida Building Code - Permit required  
(No permit on file for the storage containers on property)  
24-1184  
Hearing Officer Toale announced the item.  
Inspector Presson, being duly sworn, provided a presentation including no changes to  
order and request to sign the order imposing the fine.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 1184, 3326  
Tusket Ave., to be in violation of Chapter 105.1, Florida Building Code, for storage  
containers on property with no permit on file and signed the order imposing the  
fine.  
B. Case No  
(JP) ESTERO DEVELOPMENT PARTNERS LP; 2440 BRONCO LN  
Section 33-7C(3), Unified Land Development Code Silt screens are not  
installed properly, site is at risk of potential erosion  
24-2427  
(Silt fence down on the front of this construction site, as well as partially  
down on the side. Barrier must be repaired, or replaced)  
Hearing Officer Toale announced the item.  
Inspector Presson, being duly sworn, provided a presentation including inspections, no  
changes to property, photographs submitted into evidence, and requested the order be  
signed imposing the fine.  
Reed Schwarzel property owner, being duly sworn, stated the information provided is  
correct.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 2427, 2440  
Bronco Ln., to be in violation of Section 33-7C(3), Unified Land Development Code,  
for damaged silt fence on construction site and signed the order imposing the fine.  
C. Case No  
(KS) SIERRA LANE CAPITAL, C/O ACQURA LOAN SERVICES; 2690  
NAGENGAST ST  
24-2469  
2012 International Property Maintenance Code Section 108.1.3 - Structure  
Unfit for Human Occupancy  
(Mold, mildew, bug, and rodent infestation are present on this property)  
42-85 North Port City Code  
-
Adoption of standards by reference.  
International Property Maintenance Code, 304 Exterior Structure - 304.1  
General. The exterior of a structure shall be maintained in good repair,  
structurally sound and sanitary so as not to pose a threat to the public  
health, safety or welfare. 304.1.1 Unsafe conditions. The following  
conditions shall be determined as unsafe and shall be repaired or replaced  
to comply with the International Building Code or the International Existing  
Building Code as required for existing buildings:  
* 7. Exterior walls that are not anchored to supporting and supported  
elements or are not plumb and free of holes, cracks or breaks and loose or  
rotting materials, are not properly anchored or are not capable of  
supporting all nominal loads and resisting all load effects.  
(Broken glass about the premises and grounds. All doors and windows  
have been broken out allowing persons access to the interior which has  
been severely vandalized. All interior walls, doors, and appliances,  
including electrical components have been damaged. This property poses  
a health, safety, and welfare issue to the public)  
Hearing Officer Toale announced the item.  
Inspector O’Neil, being duly sworn, provided a presentation including no changes to order  
and request to sign the order imposing the fine.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 2469, 2690  
Nagengast St., to be in violation of Section 108.1.3, International Property  
Maintenance Code, for mold, mildew, bug, and rodent infestation on property and  
signed the order imposing the fine.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 2469, 2690  
Nagengast St., to be in violation of Chapter 42.85, North Port City Code, for broken  
glass about the premises and grounds, broken doors and windows, and all  
damaged interior walls, doors, and appliances, including electrical components  
and signed the order imposing the fine.  
D. Case No  
(NL) MATTHEW WHITE; 2210 MCTAGUE ST  
24-2513  
Chapter 62-50, North Port City Code Refuse container(s)  
(Solid waste containers improperly stored at the street outside the time  
frame permissible per City Code)  
R4501.17, Florida Building Code Pursuant to Sections R4501.17.1  
through R4501.17.3 of the Florida Building Code, this pool has been  
inspected and deemed to be unsafe, creating a life/safety issue  
(No Swimming barrier around this pool which is required per City Code)  
Hearing Officer Toale announced the item.  
Inspector Cerbone, being duly sworn, provided a presentation including no changes to  
order and request to sign the order imposing the fine.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 2513, 2210  
Mctague St., to be in violation of Chapter 62.50, North Port City Code, for improper  
storage of solid waste containers and signed the order imposing the fine.  
Based on evidence presented, Hearing Officer Toale found Case No. 24 2513, 2210  
Mctague St., to be in violation of Sections R4501.17.1 through R4501.17.3, Florida  
Building Code, for missing swimming barrier around pool and signed the order  
imposing the fine.  
F. Case No  
(JP) DWELL WELL INC; 6145 DEMING AVE  
24-2722  
42-85 North Port City Code  
-
Adoption of standards by reference.  
International Property Maintenance Code, 304 Exterior Structure - 304.1  
General. The exterior of a structure shall be maintained in good repair,  
structurally sound and sanitary so as not to pose a threat to the public  
health, safety or welfare. 304.1.1 Unsafe conditions. The following  
conditions shall be determined as unsafe and shall be repaired or replaced  
to comply with the International Building Code or the International Existing  
Building Code as required for existing buildings:  
* 7. Exterior walls that are not anchored to supporting and supported  
elements or are not plumb and free of holes, cracks or breaks and loose or  
rotting materials, are not properly anchored or are not capable of  
supporting all nominal loads and resisting all load effects.  
(Roof is in a dilapidated state with visible signs of deterioration)  
Hearing Officer Toale announced the item.  
Inspector Presson, being duly sworn, provided a presentation including no changes to  
order and request to sign the order imposing the fine.  
10. GENERAL BUSINESS  
25-1815  
A.  
Discussion and Possible Action Regarding Approval of the 2025 Code  
Enforcement Hearing Schedule  
Hearing Officer Toale announced the item.  
Hearing Officer Toale approved the 2025 Code Enforcement Hearing Schedule as  
presented.  
11. PUBLIC COMMENT  
There was no public comment.  
12. ADJOURNMENT  
Hearing Officer Toale adjourned the meeting at 10:09 a.m.  
____________________________  
James E. Toale, Hearing Officer