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From YouTube: 10-27-2021 Code Enforcement Board
Description
10-27-2021 Code Enforcement Board
B
Paul
sacalato
here
carl
rich,
yes,
adele
higgins,
here
norah
geradina,
here
roland
erickson,
here
joseph
como,
henry
baumann
president
all
right,
and
can
I
just
ask
that
you
pull
your
microphones
in
front
of
you
and
when
you're
speaking
in
the
front
here
to
make
sure
you're
speaking
into
the
microphones
and
not
behind
you?
Thank
you.
B
Okay,
anyone
intending
to
offer
testimony
please
stand
and
raise
your
right
hand,
do
you
solemnly
swear
or
affirm
to
tell
the
truth,
the
whole
truth
and
nothing
but
the
truth.
In
today's
proceedings,
when
you
are
ready
to
speak,
please
come
to
the
podium
state,
your
name
and
indicate
you've
been
sworn.
Thank
you.
A
D
A
A
E
It
would
not
foreclose
the
city
from
enforcing
any
new
violations,
but
with
respect
to
those
violations
that
were
properly
appealed
to
this
to
the
circuit
court.
It
is
in
the
city's
interest
as
well
to
not
take
any
further
action
on
those
matters
until
the
court
decides
the
legal
issues
that
were
contested
in
the
appeal.
So
we
would
respectfully
request
that
the
code
enforcement
board
grant
the
the
request
for
stay
in
each
of
the
matters
2a
through
2e
and
there's
nothing
further
for
the
responds
to
do
with
respect
to
that.
Okay,.
F
E
B
A
A
A
D
A
A
F
For
the
record,
alan
mcdaniel
co-compliance
officer
for
the
city
of
punta
gorda
and
I
have
been
sworn
according
to
the
charlotte
county
property
appraisers
records,
the
property
located
at
610
tribute
avenue,
is
within
the
city
limits
of
the
city
of
ponegordo
florida
and
the
property
is
owned
by
the
respondents.
I
am
submitting.
10
photos
for
the
record
pictures
submitted
for
evidence
are
a
true
and
accurate
representation
of
the
condition
of
the
site.
At
the
time
the
pictures
were
taken
on
august
17
2021.
F
I
inspected
the
property
and
found
tall
grass
and
or
weeds
throughout
the
property,
which
is
a
violation
of
the
point
of
order
code,
chapter
9,
section
9-2-h
on
august
18,
2021,
a
notice
of
violation
and
order
for
corrective
action
was
sent
to
the
respondents,
ordering
corrective
action
be
taken
and
the
tall
grass
and
or
weeds
throughout
the
property
must
be
trimmed
and
maintained.
Within
five
days
of
receipt
of
the
notice
on
august
20th,
2021,
a
notice
of
violation
and
order
for
corrective
action
was
received
by
the
respondents,
be
a
certified
mail.
F
I
reinspected
the
property
on
october
26
2021
and
found
that
the
tall
grass
and
our
weeds
has
been
mowed,
trimmed
and
maintained.
Due
to
frequent
citizen
complaints,
I
am
seeking
a
cease
and
desist
for
future
violations
on
the
property.
I
am
submitting
an
invoice
for
case
costs
incurred
in
the
amount
of
twelve
dollars
and
twenty
nine
cents.
A
G
A
B
F
Understand
so
they
corrected
it
once
and
then
it
went
into
violation
again
that
is
correct.
On
september,
the
8th
mr
grant,
the
property
owner
actually
stopped
into
the
office
and
to
inform
us
that
the
property
had
been
brought
into
compliance
and
it
was
cut.
I
had
been
there
the
previous
day
on
the
seventh
and
and
had
already
seen
that
the
property
was
in
compliance.
F
In
our
conversations
with
mr
grant,
he
indicated
a
couple
things.
First
of
all,
he
indicated
that
he
had
never
seen
the
property
and
then
the
second
thing
was
that
he
wanted
the
case
to
be
dismissed.
I
informed
him
exactly
what
I
testified
to
earlier
that
we
weren't
going
to
dismiss
the
case
as
a
result
of
the
frequent
violations
on
the
property
that
were
citizen
complaints,
that
we
would
be
moving
forward
and
request
a
cease
and
desist
for
future
violations.
So
I
continued
to
check
the
property.
F
C
Please
motion
to
find
that
the
respondent
violated
chapter
9,
section
9-2-8
of
the
punicota
code
issue
a
cease
and
desist
order
for
any
future
violation
to
the
penalty
code.
Chapter
9,
section
9-2-h
in
order
that
respondents
are
required
to
pay
case
costs
incurred
the
amount
of
12.29
within
10
days
of
receipt
of
this
order.
This
further
order
that
failure
to
comply
may
cause
the
code
enforcement
board
to
impose
a
fine
of
up
to
250
dollars
per
day
plus
applicable
interest.
Did
you.
A
C
A
A
Code,
compliance
officer,
nick
faulkner
respondents,
james
and
jeanne
ochinski
trs,
address
of
violation,
7542
dracena,
violation
of
chapter
9,
section
9-2-a,
outside
storage,
violation
of
chapter
26,
section,
8.14,
b,
structures
and
uses
limited
is
the
respondent
present
is
the
respondent
present
respondent
is
not
present.
On
the
respondent's
behalf,
I
will
enter
a
plea
of
not
guilty
officer
faulkner.
Would
you
please
present
the
city's
case.
I
For
the
record
nick
faulkner
code,
compliance
officer
for
the
city
of
punta
gorda
and
I
have
been
sworn
according
to
the
charlotte
county
property
appraisers
records,
the
property
located
at
7542
drascena
is
within
the
city
limits
of
the
city
of
pontogordo
florida
and
the
property
is
owned
by
the
respondents.
I'm
submitting
13
photos
for
the
record.
The
pictures
submitted
for
evidence
are
true
and
accurate
representation
of
the
condition
of
the
site.
At
the
time
the
pictures
were
taken
on
august
12
2021.
I
I
inspected
the
property
and
found
outside
storage
on
the
rear
yard
of
the
property,
including,
but
not
limited
to
a
kitchen
sink
and
countertop
and
interior
appliance,
which
is
a
violation
of
the
pentagorda
code.
Chapter
9,
section
9-2-a
and
chapter
26,
section
8.14
b
and
dead
palm
fronds
hanging
from
the
palm
trees
on
the
front
yard
of
the
property,
which
is
a
violation
of
the
pentagon
code.
Chapter
26,
section
8.11
d.
I
I
on
august
31st
2021,
I
posted
the
affidavit
of
violation.
There
was
a
hearing
on
the
property
and
at
city
hall,
I
reinspected
the
property
on
october
26
2021
and
found
that
the
outside
storage
remained
on
the
rear
yard
of
the
property,
including,
but
not
limited
to
a
kitchen
sink
and
countertop
and
interior
appliance.
I
E
A
A
A
No,
it
says,
issue
a
cease
and
desist
order
right
and
of
code
and
respondents
bring
the
property
into
compliance
within
10
days
of
the
receipt
of
this
order
and
as
further
order.
The
respondents
are
required
to
pay
case
costs
in
the
amount
of
17
and
six
cents,
and
failure
to
comply
with
this
order
can
board
can
impose
a
fine
of
250
dollars
for
any
discussion
on
this
motion.
D
E
E
It's
an
opportunity
for
multiple
or
repeat
violations
to
bring
them
forward
and
under
the
statute,
even
if
they
come
into
compliance
before
the
date
of
the
hearing,
at
which
time
you
have
the
opportunity
to
find
them
to
have
been
in
violation,
even
though
they've
corrected
the
violation
and
and
issue
a
cease
and
desist
for
further
violations.
But
if
they're
in
compliance,
then,
then
typically,
you
don't
need
to
set
a
time
for
them
to
come
into
compliance
because
they're
already
into
compliance.
E
So,
in
the
previous
violent
previous
case,
where
they
hadn't
been
brought
into
compliance,
it
would
be
appropriate
not
only
to
issue
a
seasoned
assist,
but
also
re
put
a
time
frame
for
them
to
come
into
compliance
at
which
time
if
they
are
not
brought
into
compliance
and
in
compliance
with
the
order.
We
can
come
back
and,
at
that
point
in
time,
request
a
a
penalty
for
their
failure
to
comply
with
your
order.
E
We
there's
the
statute
author
affords
us
the
opportunity
to
serve
them
by
certified
mail,
and
if,
in
addition
to
that,
we
have
the
ability
to
post
the
property,
the
fact
that
they
may
not
have
received
the
certified
mail
does
not
constitute
a
failure
of
notice
if
the
property
has
been
posted.
Okay,.
D
K
A
C
A
A
A
H
I
A
Motion
has
been
made
to
dismiss
this
case
all
those
in
favor
of
the
motion.
Please
things
by
saying:
aye
hi.
Any
opposition
motion
carry
next
case
case
2180288
co-compliance
officer,
nick
faulkner,
respondent,
brenda
breckenmeier,
address
of
violation,
7212,
north
blue
sage,
violation
of
chapter
26,
section
8.11,
b
and
chapter
9,
section,
9-12
e,
torn
or
missing
pools.
Cage
screening
is
the
respondent
present.
A
I
The
record
nick
faulkner,
co-compliance
officer
for
the
city
of
punta
gorda
and
I
have
been
sworn
according
to
the
charlotte
county
property
appraisers
records.
The
property
located
at
7212
north
blue
sage
is
within
the
city
limits
of
the
city
of
punta
gorda
florida
and
the
property
is
owned
by
the
respondent.
I'm
submitting
10
photos
for
the
record.
The
pictures
submitted
for
evidence
are
true
and
accurate
representation
of
the
condition
of
the
site.
At
the
time
the
pictures
were
taken
on
august
16th
2021.
A
A
A
K
We
have
contacted
the
post
office
because
postal
carriers
don't
want
to
go
to
the
door
because
of
covet
19
certified
returners
email,
the
carriers
are:
writing
covet
19
on
the
green
card
that
we
get
back
and
putting
their
signature
on
it,
but
they're
leaving
the
mail
but
to
consider
proper
service.
We
don't
know
that
the
actual
respond
to
receive
it,
that's
why
we
go
ahead
and
post
the
property
at
that
point.
They
say
that
they
delivered
it,
but
we
can't
prove
it.
K
A
A
B
I'll
have
a
motion.
Thank
you
motion
to
find
that
the
respondents
violated
chapter
26,
section
811,
b
and
chapter
9,
section
912
e
for
the
final
quarter
code
and
issue
cease
and
desist
order
for
any
future
violation
of
the
point
of
order
code,
chapter
26,
section,
811b
and
chapter
9,
section
912e,
and
order
that
respondent
bring
the
property
into
compliance
within
10
days
of
receipt
to
this
order.
B
And
it
is
further
ordered
that
the
respondent
is
required
to
pay
case,
cost
incurring
the
amount
of
16.76
cents
within
10
days
or
received
the
order
and
is
further
ordered
at
the
failure
to
comply.
But
this
order
may
cost
the
code
enforcement
board
to
impose
a
fine
of
up
to
250
per
day
plus
applicable
interests.
A
Motions
are
made
to
find
that
the
respondent
has
violated
various
sections
of
chapter
26
to
issue
a
cease
and
desist
order
for
future
violations
of
the
code,
and
that
the
respondent
is
ordered
to
bring
the
property
into
compliance
within
10
days.
The
receipt
of
this
order
and
further
to
pay
court
costs
of
seven
16.76
within
10
days
and
failure
to
comply
with
the
order
may
cause
the
board
to
impose
a
fine
of
up
to
250
dollars.
A
A
E
E
E
E
A
K
K
I
For
the
record,
nick
falcon
and
co-compliance
officer
for
the
state
department
have
been
sworn.
I
did
not
have
contact
just
just
state
what
you
saw
yesterday.
Oh
the
violations
still
exist
yesterday,
the
unkept
landscaping
in
the
front
yard
and
the
unfor
unpermitted
fencing
material
in
the
rare
yard.
I
D
D
E
B
Since
this
is
a
penalty
hearing,
there's
a
little
less
risk
as
far
as
prejudicing
someone's
rights
field
appear
before
you,
since
we've
already
gone
through
the
the
portion
of
determining
whether
there
was
an
initial
violation
and
now
we're
just
at
a
compliance
portion.
Now
you
know
that
being
said,
you
do
need
to
consider
whether
there's
what
I'll
call
a
legitimate
basis
for
why
this
person
was
not
able
to
attend
today,
and
you
know
also
just
being
informed
based
yesterday,
that
they
would
not
be
able
to
be
in
attendance.
H
H
B
C
I
A
A
I
For
the
record,
nick
faulconer
compliance
officer
for
the
city
of
punta
gorda-
and
I
have
been
sworn
this
matter-
was
before
the
board
on
july
28
2021.
At
which
time
the
board
heard
testimony
received
evidence
and
entered
its
compliance
order,
which
was
received
by
the
respondents
via
certified
return
receipt
mail
on
august
6
2021.
I
Submitting
five
photos
for
the
record.
The
pictures
submitted
for
evidence
are
true
and
accurate
representation
of
the
condition
of
the
site.
At
the
time
the
pictures
were
taken
an
affidavit
of
non-compliance
and
knows
the
hearing
opposing
penalty
was
mailed
to
the
respondent.
On
september
22nd
2021
the
certified
return
receipt
mail
which
has
not
been
delivered
or
returned.
I
I
posted
the
affidavit
of
violation
or
affidavit
of
non-compliance
and
knows
a
hearing
imposing
penalty
on
the
property
and
at
city
hall
on
september,
22nd,
2021
reinspected,
the
property
on
october
26
2021,
and
found
that
the
unproven
fencing
material
remained
on
the
rear
yard
of
the
property
and
a
landscaped
area.
On
the
front
yard
of
the
property
remained
overgrown
and
undefined
and
the
property
remained
in
non-compliance.
B
I
I
A
A
It
is
occupied
yes,
well,
you
see
the
daughter
can't
maintain
it
or
I
I
always
have
a
problem
with
somebody.
I
have
several
neighbors
who
are
snowbirds
and
their
property
is
maintained
when
they
are
absent,
if
their
daughter's
not
going
to
do
it
they're
not
going
to
do
it.
I
really
do
not
have
much
sympathy
in
this
case
for
the
respondents.
A
K
A
A
motion
has
been
made
to
find
that
the
respondents
are
in
violation
of
the
code,
compliance
order
that
this
board
issued
in
order
that
a
fine
in
the
amount
of
thirty
six
hundred
dollars
being
posed
representing
a
fine
of
one
hundred
dollars
per
day
for
36
days
of
non-compliance
from
september
21st
to
october
26,
20,
21
plus
applicable
interest
of
4.25
per
annum.
Fine
shall
continue
to
run
until
respondents
come
into
compliance
with
the
kind
of
board
of
code
and
it's
further
ordered.
Respondents
are
required
to
pay
additional
case
costs
of
17
and
40
cents.
A
A
E
Yes,
thank
you
words
of
wisdom.
I
have
no
words
of
wisdom.
I'm
sorry,
but
I
wanted
to
thank
well
welcome
our
new
members
to
the
code
enforcement
board
and
thank
you
for
your
service.
Formerly
I'm
city
attorney
david
levin
and
you've
already
met,
but
I'd
like
to
also
introduce
kelly
fernandez,
kelly
fernandez
and
her
firm
represent
a
number
of
jurisdictions
around
the
area
in
a
number
of
capacities,
including
as
city
attorney,
town
attorney
and
as
special
magistrate
for
code
enforcement
boards.
Kelly's
role
is
to
be
an
advisor
to
the
code
enforcement
board.
E
I
am
the
city's
prosecutor,
so
in
cases
where
we
feel
either
when
it's
going
to
be
particularly
contentious
or
when
we
know
ahead
of
time
that
the
respondents
may
be
represented
by
counsel
at
the
discretion
of
the
chairman
or
the
staff.
We
call
upon
kelly
to
assist
in
in
the
proceedings
for
me
to
render
advice
and
be
the
prosecutor
would
be
a
denial
due
process.
So
in
those
proceedings
when
kelly
has
not
been
asked
to
advise
the
board-
and
I
give
sort
of
opinions
on
procedure,
what
have
you
you
know?
E
You
had
to
understand
those
as
primarily
being
argument
of
the
prosecutor
and
not
necessarily
as
adviser
to
the
board.
So
with
that
again,
I
welcome
you.
Thank
you
and,
and
if
you,
if
you
have
any
questions
on
procedure
or
questions
regarding
code
enforcement
in
general,
I
I
welcome
you
to
contact
me
by
email.
I
will
not
discuss
any
any
individual
cases,
but
can
give
you
some
generic
information,
hopefully
to
assist
you,
and
this
goes
to
any
of
the
members
in
the
performance
of
your
duties.
E
E
Right,
I
also
just
I'm
sure,
you're
very
much
aware
of
the
florida
in
the
sunshine
law
requirements
and
for
the
new
members.
I'll
just
repeat
that
discussing
matters
outside
of
this
meeting
between
any
of
you
is
a
violation
of
the
sunshine
law.
If
there's
any
particular
questions,
excuse
me,
you
have
with
respect
to
your
obligations
under
the
sunshine
law.
E
That's
also
something
that
you
can
contact
me
and
if
you
really
want
to
delve
into
it,
the
florida
attorney
general
has
a
website
and
an
online
manual
of
the
sunshine
law,
which
is
very
comprehensive
and
can
give
you
sort
of
a
a
better
flavor
for
how
restrictive
the
florida's
law
is
with
respect
to
communications
among
members
of
boards
that
are
outside
of
the
public
meeting,
but
again
welcome.
Thank
you.
A
J
B
J
J
Can
read
it?
I
can
read
the
title:
the
title
is
gloria
steinem.
The
truth
will
set
you
free,
but
first
it
will
piss
you
off.
This
is
a
public
space.
A
16
year
old
could
view
it.
It
is
one
of
the
seven
words
that
have
been
deemed
obscene
or
indecent
by
the
fcc,
which
is
the
case
that
the
city
attorney
uses
to
bolster
just
the
mere
presence
of
the
word.
J
J
First,
that
I'm
really
addressing
the
previous
board
not
to
the
new
members
here
or
whatnot,
who
decides
what
community
standards
are
important
order?
Normally,
it
is
a
jury
of
our
peers
in
a
courtroom
with
a
judge
overseeing
the
process
to
ensure
our
constitutional
rights,
not
an
unelected
group
of
individuals
who
have
shown
disdain
for
first
amendment
challengers
by
calling
them
bozos
and
belittling
their
attorneys.
J
I
don't
blame
the
code
enforcement
form.
Our
wonderful
town
has
been
dragged
into
this
mess
by
our
city,
council
and
city
attorneys.
In
attempt
to
stop
first
amendment
auditors,
we
have
plenty
of
laws
on
the
books
to
deal
with
disorderly
people
who
disturb
the
peace.
People
have
the
right
to
protest
their
government
by
banning,
but
banning
words
and
banning
books
that
contain
such
words
under
the
guise
of
protecting
sixteen-year-olds
is
anathema
to
our
free
society.
J
J
Dislikes
the
fact
that
people
are
using
signage
to
protest,
a
pro-life
stance.
She
doesn't
like
the
fact
that
there's
signage
there
and
the
city
attorney
explained
to
her
that
you
don't
have
a
right
to
to
do
that.
Why
are
we
banning
your
whole
purpose
of
this
ordinance
was
to
stop
this
gentleman
from
from
doing
that.
If
he's
too
loud,
making
noises.
A
A
J
J
J
I
can't
I
don't
listen.
All
I'm
saying
to
you.
Is
I'm
glad
that
there's
a
lawyer
on
the
board
now,
I
think
that's
wonderful
and
she's
asking
wonderful
questions,
but
I'm
not
I'm
asking
you
to
think
about
the
concept
of
irreparable
harm
that
you
just
can't
really
nearly
use
that
for
some
cases
and
not
cases
the
fact
that
somebody
sees
something
doesn't
mean
that
they
don't
have
that
it's
caused
irreparable
harm
to
community.
If
I
see
a
violation,
you
can't
make
me
unsee
it
and
that's
really
all
I
wanted
to
get
thank
you.