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MAGISTRATE PRESENT:
Daniel P. Lewis, Esq.
STAFF AND OTHERS PRESENT:
Cassi Bailey, Assistant City Clerk
Kenneth Sexton, Code Enforcement Officer
Annie Jones, Executive Assistant
Jake Bibler, City Planner
Rudy Gonzalez, Solid Waste Supervisor
1. CALL TO ORDER
Special Magistrate Daniel Lewis called the meeting to order at 2:00 pm, followed by a moment of silence and the Pledge of Allegiance. Mr. Lewis explained that the hearing was a quasi-judicial proceeding in which he would be making the legal decisions and findings of fact based on the relevant evidence and evidence presented during the hearing in accordance with the City Code of Ordinances. All people wishing to speak were duly sworn.
2. ADDITIONS OR DELETIONS TO AGENDA
g. CASE NO. (ECE24-0886) PALMETTO COMMERCIAL BUILDING LLC- This item was heard
first on the agenda.
3. APPROVAL OF MINUTES
MINUTES: The April 29, 2025, Code Enforcement Hearing Minutes were approved as presented.
4. NEW BUSINESS-PUBLIC HEARINGS
a. CASE NO. (ECE24-0826) ARCE
YESENIA ARCE AND MARTIN ARCE
810 6TH AVENUE WEST PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED:
A/C UNIT IN FRONT OF HOUSE INSTALLED WITHOUT A PERMIT
Mr. Rudy Gonzalez served as an interpreter for Mr. Arce. Mr. Lamensa presented a PowerPoint, which was included in the agenda. Mr. Lamensa’s recommendation is to apply for proper permits or remove the unit. A compliance deadline date of June 26, 2025, was given. As of this morning, no permits have been applied for. Mr. Gonzalez gave an overview to Mr. Arce on what was presented. He said he hired an AC contractor to do the work and was not aware that he did not pull the proper permits. Mr. Lewis stated that it falls on the property owner to ensure the proper permits are pulled. He is working on getting the permits for the A/C. A contractor has to apply for the permit. He cannot do it himself. According to the Property appraiser’s website, Mr. Arce is listed as the property owner. However, he would have to have the property as homesteaded and have it be his primary residence in order to apply for the permit himself.
RULING: Based on the sworn testimony and evidence presented, the magistrate finds that there is a code enforcement violation for not pulling the permit for the A/C unit. Mr. Arce will need to come into compliance by obtaining a permit or removing the unit by June 26th. The case will be on the June 27th agenda to discuss the next steps.
AMENDED RULING: In lieu of the complexity of the violations, the Magistrate amended the previous ruling and now has changed the compliance date from June 26th to July 28th and set it to be on the July 29th hearing agenda.
b. CASE NO. (ECE24-0827) ARCE
YESENIA ARCE AND MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED: A/C UNIT IN CONVERTED GARAGE INSTALLED WITHOUT A PERMIT
Mr. Lamensa presented a PowerPoint, which was included in the agenda. The recommendation is to apply for and obtain a permit or remove the unit. It is a single-family residence, which the property owner converted into a multi-family parcel. Mr. Gonzalez asked Mr. Arce if he had any additional information to provide. He said the property was like that when he bought it; 5 bedrooms, 3 bathrooms. He just replaced the A/C unit. He admitted that he did not pull a permit when he replaced it.
AMENDED RULING: In lieu of the complexity of the violations, the Magistrate amended the previous ruling and now has changed the compliance date from June 26th to July 28th and set it to be on the July 29th hearing agenda.
c. CASE NO. (ECE24-0828) ARCE
YESENIA ARCE AND MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED:
REAR GARAGE CONVERTED INTO LIVING SPACE WITH BATHROOM, KITCHEN AND COOKING
FACILITIES
Mr. Lamensa presented a PowerPoint, which was included in the agenda. The recommendation is to apply for and obtain the correct permits or convert it back into a garage. Mr. Arce stated that the garage was already like this when he bought the property.
He said it has been like this for 30 years. He bought the property in 2019. Mr. Lamensa answered that there have never been permits pulled for this. Permits have to be pulled, regardless of whether he was the owner at the time. He asked how he is getting blamed when this is how he bought the property. Mr. Lamensa believes he did purchase it that way, however, it is listed on the property appraiser website as a 5-bedroom, single family residence. He has engineered drawings, but no permits have been obtained. He had trouble getting a contractor to sign off. The zoning also only allows single family residential. He said a contractor tried to apply for a permit in December. It was clarified that the engineers can’t pull permits, contractors must do so. No matter what, a permit needs to be pulled. He can pull an after the fact permit. There is no guarantee a permit will be granted, because the zoning does not allow multi-family residential.
d. CASE NO. (ECE24-0829) ARCE
YESENIA ARCE AND MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED:
REAR CARPORT CONVERTED INTO LIVING SPACE WITH BATHROOM, KITCHEN AND COOKING
FACILITIES
Mr. Lamensa presented a PowerPoint, which was included in the agenda. Mr. Lewis’ recommendation is to apply for
and obtain proper permits or convert the space back into a carport. Mr. Arce stated that he did do this one knowingly without a
permit.
e. CASE NO. (ECE24-0830) ARCE
YESENIA ARCE AND MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED:
CARPORT CONSTRUCTED IN THE NORTHEAST CORNER OF PROPERTY WITHOUT A PERMIT.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. Recommended action apply for
and obtain the proper permits or remove the carport. Mr. Arce acknowledged he knowingly did this without a permit.
f. CASE NO. (ECE25-0551) ARCE
YESENIA ARCE AND MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED:
ILLEGAL CONVERSION OF PROPERTY FROM SINGLE FAMILY USE TO MULTI FAMILY USE VIOLATION.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. Mr. Lewis’ recommendation is to apply for and obtain a conditional use permit to change the zoning or convert it back to a single-family residence. The property itself is in violation of the zoning code. It can only be used as a single-family home unless a conditional use permit is granted. This would probably need to be focused on first. Single family use was grandfathered in after a change of the zoning code.
RULING: Based on the sworn testimony and evidence presented, the magistrate finds that there is a code enforcement violation for converting the property from single-family use to multi-family use. Mr. Arce will need to come into compliance by obtaining a permit or converting the space back into a single-family residence by July 28th. The case will be on the July 29th agenda to discuss the next steps.
g. CASE NO. (ECE24-0886) PALMETTO COMMERCIAL BUILDING LLC- This item was heard first.
PALMETTO COMMERCIAL BUILDING LLC
6621 19TH STREET EAST
SARASOTA, FL 34243
VIOLATION LOCATION:
1560 12TH STREET EAST
PALMETTO, FL 34221
CODES VIOLATED:
2 SIGNS PAINTED ON BUILDING WITHOUT PERMITS- CITY ORDINANCE 3-62(B).
Mr. Lamensa presented a PowerPoint presentation, which was included in the agenda. As of this morning, the signs remain, and permits have not been applied for. The recommendation is to apply for the proper permits or remove the sign. The recommended compliance date is June 26, 2025.
Stephen Reha, representative for the owner of the property, stated that he had a meeting with the previous Mayor. He had an artist paint this “sign” on the side of the building. He says it is an artist that painted the mural. He said it was the same artist that put the mural on Checkers. When he went to inquire into a permit, he was told it was too large and would require a variance. He would like guidance on a clear path to move forward.
Under Ordinance, it is not considered a mural because it includes his business logo. He would have to obtain a sign
permit. He wouldn’t be able to have any advertising or logos in the painting to be considered a mural. This code changed
in 2020, and he took possession of the building after the fact. Checkers mural does not have a logo or advertisement for business. He can apply for a sign permit at public works. It would have to be applied for by a license contractor. Mr. Reha said he was told it would be considered too large and wouldn’t qualify for a permit.
Mr. Lewis reiterated that it is not considered a mural, it is considered a sign. At this point, the sign is too large, which will need to be resolved. He is going to find a violation. Mr. Reha would encourage the city to bring a violation forward for Checkers as well.
Jake Bibler, City Planner, advised that a building permit would be the next step. As suggested, obtaining a permit on the existing signage will be a challenge; a licensed contractor would need to get the permit for the owner. Mr. Lewis noted that if a permit is obtained, that would clear the violation.
RULING: Based on the sworn testimony and evidence presented, the magistrate finds that there is a code enforcement violation for having two signs painted on the building without permits. Mr. Arce will need to come into compliance by obtaining a permit or removing the signs by June 26th. The case will be on the June 27th agenda to discuss the next steps.
h. CASE NO. (ECE24-1401) LAMMLEIN
DONNA LAMMLEN
211 45TH STREET EAST
ALMETTO, FL 34221
VIOLATION LOCATION:
401 9TH STREET WEST
PALMETTO, FL 34221
CODES VIOLATED: PROPERTY HAS AN UNREGISTERED/INOPERABLE WHITE AND YELLOW SEADOO
BOAT AND SEADOO TRAILER WHICH IS NOT REGISTERED.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. As of today, the boat has been removed. He would like a finding of fact. Ms. Lammlein was here earlier but she had to leave.
RULING: Based on the sworn testimony and evidence presented, the Magistrate
finds the respondents violated Section 4.2 of the City Code of Ordinances, but that the Respondents corrected the violation prior to the hearing. The Respondents are put on notice that future violations of Section 4.2 will cause the Respondents to be deemed a repeat violator and subject to a fine of up to $500.00 per day for each new violation beginning on the day the violation occurred.
i. CASE NO. (ECE25-0616) LAMMLEIN
DONNA LAMMLEIN
211 45TH STREET EAST
PALMETTO, FL 34221
VIOLATION LOCATION:
401 9TH STREET WEST
PALMETTO, FL 34221
CODES VIOLATED: GREEN DODGE VAN ON PROPERTY WITH NO REGISTRATION.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. Recommended action, register or remove green dodge van from property. It has now been removed. Asked for finding fact.
RULING: Based on the sworn testimony and evidence presented, the Magistrate
finds the respondents violated Section 4.2 of the City Code of Ordinances, but that the Respondents corrected the violation prior to the hearing. The Respondents are put on notice that future violations of Section 4.2 will cause the Respondents to be deemed a repeat violator and subject to a fine of up to $500.00 per day for each new violation beginning on the day the violation occurred.
j. CASE NO. (ECE25-0617) LAMMLEIN
DONNA LAMMLEIN
211 45TH STREET EAST
PALMETTO, FL 34221
VIOLATION LOCATION:
401 9TH STREET WEST
PALMETTO, FL 34221
CODES VIOLATED: UNREGISTERED ALUMINUM JET SKI TYPE TRAILER.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. It has now been removed.
He is requesting a finding of fact.
RULING: Based on the sworn testimony and evidence presented, the Magistrate
finds the respondents violated Section 4.2 of the City Code of Ordinances, but that the Respondents corrected the violation prior to the hearing. The Respondents are put on notice that future violations of Section 4.2 will cause the Respondents to be deemed a repeat violator and subject to a fine of up to $500.00 per day for each new violation beginning on the day the violation occurred.
k. CASE NO. (ECE25-0618) LAMMLEIN
DONNA LAMMLEIN
211 45TH STREET EAST
PALMETTO, FL 34221
VIOLATION LOCATION:
401 9TH STREET WEST
PALMETTO, FL 34221
CODES VIOLATED: CITY ORD. 7-242. SHED IN DISREPAIR, MISSING ROOF, ROTTED
WOOD INCLUDING ADDITIONS TO SHED.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. The shed is still not in compliance,
as of this morning. He presented new photos, but they are very similar to the ones provided in the agenda. They will be
made part of the minutes.
l. CASE NO. (ECE25-0619) LAMMLEIN
DONNA LAMMLEIN
211 45TH STREET EAST
PALMETTO, FL 34221
VIOLATION LOCATION:
401 9TH STREET WEST
PALMETTO, FL 34221
CODES VIOLATED: PROPERTY IS OVERGROWN WITH WEEDS, LITTERED WITH DEBRIS, FENCING,
TARPS, PILES OF VEGETATION, PALLETS, BLACK GARBAGE BAGS.
Mr. Lamensa presented a PowerPoint, which was included in the agenda. The only improvements he sees are some of the black garbage bags have been removed. Different debris is now on the property. As of this morning, the property was still out of compliance.
RULING: Based on the sworn testimony and evidence presented, the magistrate finds that there is a code enforcement violation for having a property overgrown with weeds, littered with debris, fencing, tarps, piles of vegetation, pallets and black garbage bags. Mr. Arce will need to come into compliance by cleaning the property to City standards by June 26th. The case will be on the June 27th agenda to discuss the next steps.
5. OLD BUSINESS- PUBLIC HEARINGS
N/A
6. SETTLEMENTS
N/A
7. UPDATES
The next Code Enforcement Hearing will be scheduled for June 27, 2025 @ 3:00 pm.
8. ADJOURNMENT at 4:07 pm.
Approved: July 29th, 2025
Daniel P. Lewis
___________________________
Daniel P. Lewis, Magistrate