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From YouTube: Code Enforcement Board 11-16-2021
Description
Code Enforcement Board 11-16-2021
D
A
D
A
A
C
A
B
B
C
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,
all
right
when
you're
ready
to
speak,
please
step
to
the
podium
state,
your
name
and
indicate
you've
been
sworn.
Thank
you.
B
B
F
B
F
The
record
nick
faulconer
co-compliance
officer
for
the
city
of
punta
gordan
have
been
sworn.
This
matter
was
before
the
board
on
september
15
2021,
at
which
time
the
board
heard
testimony
received
evidence
and
entered
its
compliance
order,
which
was
not
received
by
the
respondent
via
certified
return
receipt
mail
and
was
returned
on
october
5th
2021..
F
F
I
posted
the
affidavit
of
non-compliance
and
knows
a
hearing
opposing
penalty
on
the
property
and
at
city
hall.
On
october
21st
2021,
I
reinspected
the
property
on
november
15
2021
and
found
that
the
blue
tarp
remained
on
the
roof
of
the
house
structure
and
the
outside
storage
of
wooden
planks
on
the
driveway
remained
on
the
property
and
the
property
remained
in
non-compliance.
F
The
property
has
been
in
non-compliance
for
26
days
from
october
21st
2021
to
november
15
2021..
I'm
spending
an
invoice
for
unpaid
case
costs
occurred
in
the
amount
of
23.46
plus
an
additional
case
cost
incurred
in
the
amount
of
28
dollars
and
11
cents
for
a
total
case
cost
incurred
in
the
amount
of
51.57.
B
B
Do
you
have
any
knowledge
that
the
respondent
has
received
notice
other
than
the
property
being
posted,
just
the
property
being
posted,
and
I
guess,
is
there
any
occupancy
of
this
residence?
Not
I'm
not
sure.
So
we
don't
know
whether
the
person
even
knows
what
we're
doing
is
actually
occurring
correct.
A
B
F
C
C
A
Motion
to
find
that
the
respondent
is
in
violation
of
the
compliance
order
in
order
to
find
an
amount
of
twenty
six
hundred
dollars
be
imposed
representing
a
fine
of
100
per
day.
26
days
for
non-compliance
from
october
21st
2021
to
november
15,
2021
plus
applicable
interest
of
4.25
percent
per
annum
and
said.
B
B
C
D
For
the
record,
dave
mccarty
compliance
supervisor
since
there's
several
new
members
on
the
board.
We've
given
this
presentation
before
it
sort
of
explains
the
code
enforcement
and
code
compliance
process
for
the
city.
It's
just
an
informational
thing.
So
we'd
like
to
present
that
to
you
now,
so
you
can
get
some
ideas
of
what
we
do.
D
D
The
decision
to
investigate
and
cite
or
not
cite,
an
alleged
violator
for
a
code
violation
is
discretionary
code.
Officers
are
required
to
personally
investigate
and
observe
a
violation
to
initiate
a
case
in
red
there.
You
see
code
officers
are
not
permitted
to
investigate
anonymous
complaints.
This
is
a
new
part
of
chapter
162
that
just
started
july
1st
the
legislature
requires
us
to
now.
If
a
citizen
calls
in
a
complaint,
we
have
to
have
their
name
and
address
and
contact
information.
D
It
does
become
part
of
public
record
if
the
person
who
they're
complaining
about
requests
that
information
we're
now
required
to
give
it
to
them.
So
there's
no
more
anonymous
complaints,
here's
the
what
the
powers
and
duties
of
the
code
enforcement
board
are
take.
Testimony
under
oath
issue,
orders
having
the
force
of
law
issue
fines,
reduce
fines,
also
hold
hearings
on
parking
violations,
complaints
of
a
special
assessment
objections
to
revocation
of
lot-mowing
exemptions
and
failure
to
pay
false
alarm
fees.
D
One
of
the
important
things
that
we
have
to
follow
is
due
process.
14Th
amendment
of
the
u.s
constitution
guarantees
that
the
proceedings
will
be
fair.
Person
will
be
given
notice
of
proceedings
and
they'll
have
the
opportunity
to
be
heard,
which
is
today.
That's
where
they
have
the
opportunity
to
be
heard
here
are
the
following
steps
that
we
take.
D
We
give
a
courtesy
notice,
usually
unless
it's
someone
that
we've
had
some
violations
at
their
property
before
curse,
you
know
can
be
there
a
red
tag
hanging
on
the
door
or
a
letter,
mail,
regular
mail,
it's
not
a
formal
notice.
It's
just
a
hey.
We've
observed
this
violation.
You
might
want
to
take
care
of
it.
Then
you
get
a
notes,
violation,
notice,
a
hearing
penalty
hearing
and
a
fine
reduction.
So
that's
the
several
steps
that
it
takes
to
complete
a
case.
D
D
The
florida
attorney
general
at
the
time
issued
an
opinion
that
the
code
inspectors
does
not
have
authority
to
do
an
inspection
on
someone's
property
without
the
consent
of
the
owner
operator
or
occupant
of
the
premises
still
in
effect.
Today,
our
inspection
procedure
as
follows:
coke
appliance
officers
must
have
the
permission
of
property
owner
tenant
or
person
in
charge
to
enter
upon
private
property
code.
Officers
also
may
view
violations
from
the
street
or
public
sidewalk
adjacent
properties,
with
the
permission
of
that
property
owner
from
a
parking
lot
unless
it's
posted.
D
Compliance
officers
cannot
walk
around
the
rare
yard
of
property
without
permission
of
the
owner,
look
over
a
solid
panel
fence
or
wall
to
view
a
violation
or
view
a
violation
from
second
floor
of
adjacent
properties.
We
also
as
our
policy
we
do
not
go
inside
of
any
residents
purpose
of
code.
Compliance
in
the
city
is
to
promote,
protect,
improve
the
health,
safety
and
welfare
of
the
residents
through
effective
code
enforcement.
D
When
I
talked
about
courtesy
notes
before
that,
you
can
see
that
there's
the
red
tag
which
we
can
hang
on
the
door
on
a
vehicle.
Anything
like
that.
It
just
gives
you
the
option
of
several
choices
there
to
tell
them
that
they
have
a
violation.
They
might
want
to
correct
below.
That's
the
courtesy
notice
that
we
send
regular
mail
and,
as
you
can
see
in
each
of
those,
we
give
the
person
reasonable
time
to
correct
the
violation.
D
D
We
would
send
them
a
notice.
A
certified
mail
once
again
reasonable
time
is
given
what's
reasonable
time.
Well,
reasonable
time
is
depend
on
the
facts
of
the
case.
If
it
was
like
a
kayak
sitting
beside
a
house,
you
might
give
the
person
five
days
to
remove
that,
even
though
they
wouldn't
really
need
five
days
to
clean
a
dirty
roof
that
you
get
some
cases
for
occasionally
30
days
is
what
we
give
them.
So
it
depends
on
what
the
case
is
is
how
much
time
the
respondent
will
get
to
correct
a
case.
D
There's
three
exceptions,
a
reasonable
time,
there's
repeat:
violations
which
is
section
162.06
of
the
statute:
you're
not
required
to
give
the
violent
violator
the
reasonable
time
to
correct
a
violation.
You
can
bring
that
case
right
to
notice
a
hearing
before
the
code
board
if
it's
an
emergency
case,
something
that's
a
threat
to
the
health,
safety
and
welfare
of
the
community.
That's
something
else
that
would
need
a
reasonable
time,
irreparable
and
irreversible.
D
D
The
fine
for
an
irreparable,
irreversible
violation
may
not
exceed
five
thousand
dollars
and
that's
per
violation
not
per
day
most
of
the
fines
that
the
code
board
issues
is
like
200
up
to
250
a
day
or
up
to
five
hundred
for
a
repeat
violation.
This
is
just
up
to
five
thousand
per
violation
for
an
irreparable.
D
Once
we
send
the
notice
of
hearing
that's
what
they
get,
they're
still
actually
getting
reasonable
time.
They
have
the
time
between
they
when
they
receive
that
notice
and
when
they
come
before
the
board,
then
they'll
get
even
more
additional
time
if
they're
found
to
be
in
violation
because,
as
you
know,
you
give
the
person
a
determined
amount
of
days
when
it
comes
before
you
to
come
into
compliance,
so
they're,
actually
getting
more
time,
which
is
reasonable
to
correct
the
violation.
D
D
At
that
point,
the
respondent
can
provide
contradictory
evidence
to
stand
for
their
case
board
dental
issue,
a
compliance
order.
If
they're
found
to
be
in
violation
it
may
order,
responded
to
cease
and
desist
from
future
violations
of
that
code,
bring
the
property
into
compliance
with
a
set
date
determined
by
the
board
pay
case,
costs
incurred
and
notified.
A
respondent
that
failed
to
comply
may
allow
the
board
to
impose
the
fine
up
to
250
per
day
plus
interest.
D
Then
we
get
to
the
penalty
hearing
phase.
That's
if
you've
issued
the
compliance
order
and
they
are
still
not
in
compliance-
they
have-
they
receive
a
notice,
they're
also
responsible
for
notifying
the
code
officer
that
they've
come
into
compliance.
If
it's
before
the
time
that
the
case
would
come
to
the
board,
we
still
go
out
and
reinspect
anyway,
but
they
that
is
their
responsibility.
D
D
D
A
lot
of
people
don't
realize
that
if
they
own
multiple
properties,
that
actually
applies
to
all
the
properties
that
they
own.
So
if
I
have
a
property
on
marion
avenue,
I
get
a
cease
and
desist
order
for
violations,
and
I
also
have
a
property
on
olympia
avenue
and
two
months
later,
I
have
the
same
code
violation
of
that
property.
I
can
be
brought
back
for
repeat
violation,
even
if
it
was
at
a
different
property.
D
People
think
that
they're
being
singled
out
but
they're,
not
there.
They
make
themselves
a
violator.
So
it's
up
to
them
to
not
do
that.
The
case
costs
can
also
be
included
for
repeat
violations
case
costs.
We
don't
include
staff
time
costs
of
vehicles,
anything
like
that.
That's
the
cost
of
doing
business.
What
we
do
for
case
cost
is
actual
paperwork.
That's
involved
mailing
things
like
that.
That's
what
we
include
in
case
cost!
That's
why
the
amounts
usually
aren't
very
high.
Sometimes
if
we
have
to
send
multiple
notices,
it
gets
a
little
high.
D
Another
thing
that
when
the
code
board
orders
a
fine,
we
record
a
copy
to
order
into
the
public
records
of
charlotte
county
and
it
becomes
a
lien
on
the
land
where
the
violation
exists
and
another
thing
a
lot
of
people
don't
know
it's
also
upon
any
other
real
or
personal
property
they
own.
So,
for
example,
if
they
own
a
couple
large
boats
or
some
trucks,
something
like
that-
and
they
don't
owe
anything
on
that
could
be
something
that
the
city
could
foreclose
on
at
some
point
to
cover
the
cost
of
the
lien.
D
D
If
a
code
lien
is
not
paid
or
foreclosed
upon,
it
will
extinguish
after
20
years,
there's
sort
of
what
we
were
just
talking
about
before
proper
service
of
notice.
In
the
one
case,
a
case
will
not
be
presented
to
the
code
board
unless
the
respondent
has
received
proper
notice
because,
as
we
also
say
before,
162.12.
D
D
Notices
that
are
posted
have
to
be
posted
on
the
property
and
at
city
hall.
At
that
time
we
also
send
the
notice
regular
mail,
so
there's
plenty
of
opportunity
for
the
person
to
either
see
it
on
the
property
or
receive
a
regular
mail.
One
of
the
choices
you
also
have
is
publication.
Newspaper
has
to
be
for
four
consecutive
weeks,
it's
expensive
to
do
that.
That's
why
we
normally
don't
use
publication.
Newspaper
statutory
presumption
of
service
chapter
162
once
again
states
that
presumption
of
service.
D
If
we've
mailed
it
together
with
proof
of
publication
or
posting
a
note,
it
shall
be
sufficient
to
show
that
the
notice
requirement
has
been
met
without
regard
to
whether
or
not
the
alleged
filer
actually
received
a
said
notice
and
that's
the
situation
that
occurred
in
the
case
that
you
just
heard
before
after
you've
issued
a
fine
that
lien
could
have
still
been
recorded.
The
respondent
can
request
a
fine
reduction.
D
The
city
also
has
a
lot
mowing
program.
Sometimes
people
don't
maintain
their
lot
and
they
receive
two
violations
within
a
two
year
period.
Their
lot
mowing
exemption
can
be
revoked
if
they
would
like
to
contest
that
revocation
they
could
bring
that
before
the
code
board.
It's
happened
a
few
times,
not
a
common
thing,
but
it
has
happened.
D
Code
citations
code
officers
can
write
citations
if
it's
an
irreparable
violation.
A
person
can
contest
that
citation
before
the
code
enforcement
board
if
they
make
the
request
within
10
days
and
also
a
failure
to
pay.
The
citation
with
10
days
may
result
a
penalty
hearing
before
the
board
and
that's
it
and
ashley
will
pass
out
and
copy
that.
So
you
can
read
it
and
look
it
over
before.
I
turn
over
to
mr
live.
E
E
There
may
be
competent,
substantial
evidence
presented,
which
would
be
in
opposition
or
contrary
or
even
outweigh
the
evidence
that
you
relied
upon.
But
the
court
is
not
going
to
substitute
themselves
for
you
as
the
as
the
determinative
factor
of
the
of
the
facts
that
come
before
you.
It
is
only
if
there's
an
absence
of
competent
and
substantial
evidence
to
support
your
finding.
Will
the
court
overturn
it?
E
So
you
know
we
expect
that
many
of
our
cases
will
be
contested,
but
as
long
as
there
is
competent,
substantial
evidence
in
the
record,
your
decisions
should
be
sustained.
David
ended
his
presentation.
Talking
about
the
citation
method
we
do
have.
We
do
have
under
the
statute
the
ability
to,
in
addition
to
the
standard
procedure,
we
follow,
of
giving
a
written
notice
of
a
potential
violation
and
an
opportunity
to
correct
ability
to
as
an
alternative
to
that
issue.
Citations
and
citations
are
typically
done
where
the
violation
has
occurred.
E
It's
kind
of
like
you
know
you
can't
get
toothpaste
back
into
a
tube,
so
it
it
doesn't
present
any
type
of
effective
way
of
having
an
opportunity
to
give
them
notice
to
stop
violating
and
and
and
so
there's
a
lot
of
types
of
violations
that
are
much
more
con
conducive
to
be
handled
by
way
of,
say,
citations
and
most
of
them
are
relatively
minor
in
nature.
You
know
the
the
somebody
violating
a
park
ordinance,
for
example.
E
You
know
we
had
years
past
problems
with
some
of
the
some
of
the
entertainment
folks
that
were
appearing
at
the
at
the
the
center.
The
county
center
of
the
street
posting
advertisements
for
wrestling
matches
or
circuses
or
whatever
on
our
on
our
street
light
light
poles,
and
you
know
they
were
here
for
their
performance
and
gone.
So
there
was
certainly
no
opportunity
for
us
to
give
them
warnings
and
certainly
no
opportunity
to
give
them
a
second
chance
to
not
violate
the
ordinances.
So
that's
a
good
example
of
why
citation
would
be
appropriate.
E
C
C
B
D
D
A
C
C
The
place
where
a
woman
gives
birth
is
called
a
delivery
room.
When
I
was
born
around
christmas,
my
family
said
that
I
was
a
holiday
delivery
from
god.
So
imagine
my
horror
when
I
found
out
that
everyone
in
punta
gorda
from
received
this
ad
in
its
mail-
and
it
says
we
don't
come
down
chimneys,
but
we
make
more
holiday
deliveries
to
homes
than
anyone
else
and
on
it.
It
shows
a
young
man's
phallic-like
appendage
shoving
a
white
package
into
a
reciprocal.
C
This
ad
was
from
the
united
states
post
office.
This
ad
is
in
violation
of
the
punta
gorda
sign
ordinance
in
every
way.
Now
this
is
satire,
but
it's
true-
and
this
is
how
vague
this
ordinance
is.
Any
kind
of
speech
could
be
thrown
out
like
this,
and
does
it
really
cause
this
irreparable
harm
is
the
same
as
cutting
down
the
tree.
C
This
is
the
last
time
I'll
speak
about
the
punta
garda
sign
ordinance
to
you
guys.
I
think
I've
made
my
point
several
times
and
I
would
hope
that
you
would
you're
doing
a
good
job.
I
respect
your
ability
and
I
hope
that
you
respect
my
dissent,
my
descent,
towards
this,
this
ordinance.
Thank
you
very
much.
You're
welcome,
no
other
comments
and,
if
you'd
like
to
see
it
even
that's.
B
B
C
B
G
Is
there
a
microphone
there?
It
is.
My
name
is
william
snow.
I
first
want
to
again
thank
the
city
attorney
for
drafting
said
ordinance
that
the
previous
gentleman
was
talking
about
code
enforcement
board
for
upholding
that
ordinance
in
law
and
the
city
board
for
actually
passing
that
law.
We
don't
have
a
problem
in
puna
gorda,
with
people
making
into
complaint
driven
ornaments.
We
have
a
problem
with
people
making
complaints
about
santa
claus
coming
down
the
chimney
or
the
word
someone's
going
to
come
down
the
chimney.
G
G
I
don't
know
who
protests
abortion
at
schools.
They
usually
do
it
at
planned
parenthood
or
certain
facilities
like
that.
But
this
individual
chooses
to
go
to
our
schools.
Our
children
and
some
of
the
parents
did
not
like
this
with
the
actions
of
this
gentleman
and
but
I
just
want
to
to
kind
of
explain
that
you
know
words
do
matter
and
a
lot
of
people
like
this
past
gentleman
are
more
concerned
about
andrew's
rights
than
they
are
about
his
wrongs,
and
I
had
a
conversation
with
this
gentleman
very
peaceful.
G
G
C
G
G
It's
a
conversation
andy
had
with
a
police
officer,
punta
gorda
police
officer
that
annie
recorded
himself.
He
stated
that,
if
the
confrontations
that
he's
creating
with
his
protesting,
which
is
almost
daily,
if
somebody
if
he
feels
somebody,
is
threatening
him,
that
he
will
shoot
them
in
a
face
with
their
gun,
his
gun
or
use
bear
mace,
he
carries
an
8
ounce
can
of
bear
mace,
I'm
sorry.
G
You
know
this
has
there's
more
involved
than
this
ordinance,
which
I
think
was
passed
for
certain
individuals
like
andrew
sheets,
but
when
you
have
somebody
who
lawfully
can
open
or
conceal,
carry
a
weapon
but
then
says
that
I
might
shoot
somebody
in
the
face
with
said
weapon.
That's
a
danger
to
this
community
and
his
actions
in
this
community
are
indecent
to
other
human
beings
that
live
in
this
community,
and
you
should
take
that
into
consideration,
and
I
condemn
you
and
when
he
comes
back
to
this
board,
evidence
will
present
it.
G
G
Understand
within
our
board,
this
is
just
my
I
follow
andy
and
what
he
does,
and
I
just
want
people
to
to
understand
that
he's.
You
know
he's
a
bandwagoner
one
day
he
hates
republicans
one
day
he
hates
democrats,
he
hates
abortion.
He
loves
abortion,
black
lives
matter
the
next
day.
You
know
it's
it's
it's
whatever
he
can
do.
Just
like.
I
asked
the
front
what
kind
of
events
are
happening?
There's
a
5k
he'll
be
out
at
the
5k
harassing
and
terrorizing
the
citizens
of
this
community,
because
it's
free
speech,
yes,.
G
B
G
E
G
E
B
B
B
E
Just
to
agree
with
what
you
and
our
chairman
said.
It
may
be
more
appropriate
at
an
open
forum
like
city
council,
as
opposed
to
a
topic-specific
forum
like
the
boards
and
commissions
yeah.
I
I
agree,
or-
or
there
are
boards
and
commissions
that
we
have
that
assist
in
the
formulation
of
policy
where
it
may
be
appropriate
for
there
to
be
public
comment
at
the
end
that
may
kind
of
lead
to
further
discussion
in
under
the
sunshine.
This
is
clearly
not
one
of
those
boards.