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From YouTube: Code Enforcement Board 03-23-2022
Description
Code Enforcement Board 03-23-2022
A
A
A
C
C
A
All
right,
as
he
stated
anyone
intending
to
offer
testimony
in
today's
proceedings,
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.
Yes,
all
right
when
you
are
ready
to
speak,
please
step
to
the
podium
state.
Your
name
and
indicate
you've
been
sworn
speaking
from
the
audience
is
not
permitted.
A
C
C
A
G
H
H
H
H
G
H
G
Are
you
familiar
who's
generally
familiar
with
the
city's
science
standards
contained
in
chapter
26?
When
I
go
to
code,
yes,
and
I
show
you,
the
city's
exhibit
number
one
and
mr
chairman,
I've
handed
out
copies
of
the
exhibits
that
are
going
to
be
presented
on
the
screen
and
mr
sheets.
There
is
a
copy
of
the
exhibits
at
the
podium
for
your
convenience,
and
so
I
show
you,
cities
exhibit
number
one,
and
do
you
recognize
exhibit
number
one.
Is
the
definition
of
the
term
sign
as
contained
in
the
city's
science
standards?
Yes,.
H
G
H
G
H
H
The
sign
was
on
the
southwest
side
of
the
building,
and
it
mr
sheets
was
standing
near
his
vehicle.
There
was
a
some
sort
of
device
that
was
projecting
the
words
up
onto
that
side
of
the
building.
That's
the
side
parking
lot,
not
the
main
parking
lot
of
the
event
center.
This
particular
side
parking
lot
runs
right
along
where
the
harbor
walk
is
where
people
use
to
walk
during
the
evening
hours.
H
H
G
So
I'm
going
to
show
you
exhibit
number
four
and
is
that
is
that
one
of
the
pages
of
the
incident
report
that
you
were
referring
to
just
a
moment
ago?
Yes-
and
did
you
author
this
document
yes,
and
does
it
accurately
identify
the
words
that
you
observed
being
projected
onto
the
wall
at
the
event
center.
H
G
I'm
going
to
show
you,
cities
exhibit
number
five
and
does
this?
Does
this
exhibit
what's
going
to
be
what
this
this
photo
appears
to
be
taken
from
your
body
camera?
Is
that
correct,
correct
right
and
does
it
does
this
photograph
appear
to
be
an
accurate
depiction
of
the
scene
upon
your
arrival
at
7575
taylor
street
on
february
16,
2022.,
yes,
and
who
is
the
person
standing
in
exhibit
number
five.
H
G
H
H
G
H
G
G
G
F
F
I
C
C
G
Is
there
even
a
need
to
come
before
the
code
enforcement
board
for
the
potential
assessment
of
a
fine
in
certain
instances
where
the
action
has
taken
place?
There's
no
need
there's
no
way
to
put
the
as
we
call
it
the
toothpaste
back
into
the
tube
there's.
You
know
he's
committed
the
violation
that's
been
seen
by
at
least
by
the
officers
and
and
the
person
that
complained
about
it.
So
the
violation
has
occurred.
G
There's
giving
him
a
warning
with
respect
to
the
violation
that
occurred
in
his
irreverent.
You
know
irreparable:
it
fits
into
that
category
where,
where
you
have
the
ability
to
give
a
one-time
fine
of
up
to
five
thousand
dollars,
I
mean
that's
what
the
that's
the
way.
It's
that's
the
way
the
legislature
has
perceived
it.
G
It
would
do
no
good
to
give
this
person.
In
fact
I
mean
theoretically,
he
already
was
put
on
notice
from
his
previous
violations
that
what
he
did
was
a
violation
shouldn't.
Do
it
again,
but
that's
that's
how
the
language
and
the
statute
in
our
code
regarding
to
irreversible
and
irreparable,
is
considered.
G
The
language
is-
and
this
is
actually
from
our
code,
which
is
taken
from
from
the
statutes
section
9
a
dash
8,
paragraph
f,
if
the
code
board
believe
finds
the
violation
to
be
irreparable
or
irreversible
or
or
reversible.
I
think
that's
a
typo.
So
quite
frankly,
I
think
it's
irreversible,
as
in
statute
but
irreparable
in
nature.
It
may
impose
a
fight
not
to
exceed
5000
per
violation
in
addition
to
all
costs
allowed
to
be
received,
but
we
covered
pursuant
to
this
chapter.
G
D
I'll
make
a
motion
jordina
motion
to
find
that
the
citation
is
valid
and
that
the
respondent
did
irreparably
violate
chapter
9a,
section
98-13,
c8
and
chapter
26,
section
11.5
z
of
the
punta
gorda
code,
and
order
that
a
fine
in
the
amount
of
500
be
imposed
plus
case
costs
incurred
in
the
amount
of
nine
dollars
and
23
cents.
An
order
that
said
fine
and
case
costs
be
paid
within
10
days
of
the
entry
of
this
order.
C
I
I
I
E
G
C
C
J
For
the
record,
nick
faulconer
co-convinced
officer
for
the
city
of
punta
gorda
and
I
have
been
sworn
according
to
the
charter
county
property
appraisers
records,
the
property
located
at
7315
powder
puff
is
within
the
city
limits
of
the
city
of
punta
gorda
florida
and
the
property
is
owned
by
the
respondents.
I'm
submitting
six
photos
for
the
record.
The
pictures
submitted
for
evidence
are
true
and
accurate
representation
of
the
site.
At
the
time
the
pictures
were
taken
on
january
3rd
2022.
J
I
inspected
the
property
and
found
a
dead
palm
tree
on
the
front
yard
of
the
property,
which
is
a
violation
of
the
pentagorda
code.
Chapter
26,
section
8.11
e1234
and
chapter
26,
section
8.11
8.11f
on
january
3rd
2022,
a
notice
of
violation
order.
Corrective
action
was
sent
to
the
respondents
via
certified
mail,
which
was
returned
unclaimed
on
january
22nd,
2022
on
january
19th
2022.
J
I
posted
the
notice
of
violation,
order,
corrective
action
on
the
property
and
at
city
hall
order
and
corrective
action
be
taken
in
the
dead
palm
tree
on
the
front
yard
of
the
property
be
removed
within
21
days
of
receipt
of
the
notice
on
february
15
2022.
I
reinspected
the
property
and
found
that
the
dead
palm
tree
remained
on
the
front
yard
of
the
property.
J
On
february
16
2022
an
affidavit
of
violation
of
notice,
a
hearing
was
sent
to
the
respondents
via
certified
return
received
mail
which
was
received
on
february
24
2022
on
february
16
2022.
I
posted
the
affidavit
of
violation,
notice,
hearing
on
the
property
and
at
city
hall
on
march
22
2022.
I
reinstated
the
property
and
found
that
the
dead
palm
tree
remained
on
the
front
yard
of
the
property.
C
J
C
B
C
Motion
has
been
made
to
find
that
the
respondents
are
in
violation
of
city
codes,
as
cited
that
the
respondents
are
ordered
to
come
into
compliance
within
30
days
order
to
pay
court
costs
in
the
amount
of
23.73
in
10
days
and
15.
I'm
sorry,
I
knew
there
was,
and
the
board
has
the
authority
to
pose
a
fine
up
to
250
question.
B
A
C
E
C
J
For
the
record,
nick
faulconer
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
427
show
walter
avenue
is
within
the
city
limits
of
the
city
of
punta
gorda
florida.
A
property
is
owned
by
the
respondents,
submitting
17
photos
for
the
record.
The
pictures
submitted
for
evidence
are
true
and
accurate
representation
of
the
site.
At
the
time
the
pictures
were
taken
on
december
20th
2021.
J
I
inspected
the
property
and
found
outside
stores
throughout
the
property,
including,
but
not
limited
to
plastic
crates.
Window
panes
folding
table
tires
garden,
equipment,
ladder,
plastic
containers,
wheelbarrow
mechanical
equipment
and
other
miscellaneous
items,
which
is
a
violation
of
the
pentagorda
code.
Chapter
9,
section
9-2-a
and
chapter
26,
section
8.14
b
and
an
inoperative
black
vehicle
on
the
driveway
of
the
property
with
two
missing
front
end
wheels
and
a
green
vehicle
parked
on
the
road
without
a
valid
tag
displayed,
which
is
a
violation
of
the
punta
gorda
code.
J
Chapter
9
section
9-2-d
on
december
20th
2021,
a
notice
of
violation
or
corrective
action
was
sent
to
respondents
to
be
a
certified
mail
which
was
received
on
december
22.
2022
order
and
corrective
action
be
taken
in
the
outside
stores
throughout
the
property,
including,
but
not
limited
to
plastic
crates.
Window
panes
folding
table
tires
garden,
equipment,
ladder,
plastic
containers,
wheelbarrow
mechanical
equipment
and
other
miscellaneous
items
be
removed
or
stored
inside
within
10
days
overseas.
The
notice.
J
And
the
inoperative
vehicle
parked
on
the
driveway
and
unlicensed
vehicle
parked
on
the
road
be
made
operable
with
a
valid
tag
displayed
within
10
days
of
receipt
of
the
notice
on
january.
Third,
twenty
twenty
two.
I
reinspected
the
property
and
found
that
the
outside
storage
remained
throughout
the
property,
including,
but
not
limited
to
plastic
crates
window
panes
folding
table
tires
garden,
equipment,
ladder,
plastic
containers,
wheelbarrow
mechanical
equipment
and
other
miscellaneous
items
remain
on
the
property
and
the
inoperative
black
vehicle
with
missing
front
end
tires
remained
on
the
parked
on
the
driveway
and
unlicensed
green
vehicle.
J
Without
a
valve
tag
remain
parked
on
the
road
and
there
is
a
temporary
structure
on
the
driveway
of
the
property,
which
is
a
violation
of
the
pentagon
code.
Chapter
26,
section
8.26
on
january
4th
2021,
a
second
notice
of
violation
in
order
corrective
action
was
sent
to
the
respondents
via
certified
mail,
which
was
received
on
january
6.
2022
order
and
corrective
action
be
taken
and
the
outside
stores
throughout
the
property,
including,
but
not
limited
to
plastic
crates.
Window
panes,
folding
table
tires
garden,
equipment,
ladder,
plastic
containers,
wheelbarrow
mechanical
equipment
and
other
miscellaneous
items.
J
On
february
22
2022,
an
affidavit
of
violation
of
notice
of
hearing,
was
mailed
to
the
respondents
via
certified
return
receipt
mail,
which
was
received
on
february
24
2022
on
march
22
2022.
I
reinspected
the
property
and
found
that
the
outside
storage
remained
throughout
the
property,
including,
but
not
limited
to
window.
Panes
tires
plastic
containers,
mechanical
equipment
and
other
miscellaneous
items
and
the
inoperative
vehicle
parked
on
the
driveway
and
the
unlicensed
vehicle
parked
on
the
road
remained.
The
temporary
structure
and
additional
inoperative
vehicle
were
removed
from
the
property.
C
J
C
Thank
you
officer,
flockner.
I
have
a
question
looking
at
the
quantity
of
material.
That's
on
this
property.
It
certainly
didn't
happen
overnight
and
there's
been
no
previous.
I
mean
this
should
have
taken
months
for
your
office
to
realize
that
this
situation
existed
well.
It
goes
back
to
december,
but
I'm
just
saying
this
was
created
not
just
on
this
two
weeks
before
you
got
the
report
in
december.
C
J
E
E
J
G
B
G
B
G
So
and
there
she
made
may
deter
you
made
a
final
determination.
Anybody
who
receives
a
a
determination,
that's
adverse
to
their
position,
can
challenge
that
in
circuit
court.
Actually,
it's
a
it's
an
appeal
circuit
court
and
it
would
really-
and
in
that
particular
case
they
were
contesting
the
validity
of
the
city's
ordinance
right
this
board
and
I'll.
G
Let
kelly
the
board's
attorney
chime
in
if
I
misspeak,
but
the
board
is
basically
a
factual
judge
of
the
case
as
to
whether
or
not
the
facts
that
were
presented
constitute
a
violation
as
specified
in
the
city's
ordinance.
The
board
doesn't
have
jurisdiction
to
determine
the
constitutionality
of
the
city's.
G
G
There
was
a
considerable
delay
by
the
attorneys
representing
the
attorney
representing
the
respondents
in
both
of
those
cases
to
file
the
initial
brief.
I
filed
a
motion
to
compel
compliance
with
the
rules
of
appellate
procedure
with
the
court.
There
was
a
hearing
earlier
this
month
and
the
court
issued
a
a
briefing
schedule.
G
I
A
G
E
G
Well,
the
correct
answer
is
he
can
request?
I
don't
think
the
judge
would
do
that.
I
mean
I
would,
I
would
argue
against
it
and
okay,
but
because
of
the
fact
that
those
cases
have
progressed
far
enough
along
that,
I
don't
think
he
wants.
You
know
the
judge
wants
to
make
sure
that
there's
a
finality
to
this
case.
A
For
the
record
dave
mccarty
compliant
supervisor,
I'd
like
to
introduce
new
employee
scott
wilhelm,
you
know
he's
going
to
be
the
lot
moon
coordinator.
Lavoisier
is
moving
over
to
code
officer,
allan
mcdaniels
retiring
in
june,
so
he's
coming
in
ahead
before
the
rainy
season.
So
he
can
get
his
feet
wet
before
the
grass
gets
wet.