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MAGISTRATE PRESENT:
Daniel P. Lewis, Esq.
STAFF AND OTHERS PRESENT:
Cassi Bailey, Assistant City Clerk
Jeff Bowman, Code Enforcement Supervisor
Robert Lamensa, Code Enforcement Officer
Kenneth Sexton, Code Enforcement Officer
Annie Jones, Executive Assistant
1. Special Magistrate Daniel Lewis called the meeting to order at 2:00 p.m., 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-
Case 4E - Bradley, Smith heard first. CASE ECE25-1557
3. APPROVAL OF MINUTES
Code Enforcement Hearing Minutes dated May 30th, 2025, and June 26, 2025, were approved as written.
4. NEW BUSINESS-PUBLIC HEARINGS
- CASE NO. ECE25-0340 MAURO
a. CASE NO. ECE25-0340 MAURO
DENNIS MAURO & VICKI MAURO
1208 21ST AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
1208 21ST AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED: SEC6.5(A)(4) RECREATIONAL VEHICLES SHALL NOT PARKED OR STORED IN THE
FRONT YARD AND NOT LESS THAN FIVE (5) FEET FROM THE ANTIOR LOT LINE.
ACTION: RELOCATE RV BY AUGUST 15, 2025.
Officer Sexton presented the case. Initial notice of the violation issued in March, compliance achieved, but the violation reoccurred. A new case was opened May 7th, 2025, and after reinspection and no compliance a NOH of violation was issued. Certified notice sent to the respondent on July 11th, 2025, and posted on July 14th at City Hall.
Respondent explained reasoning for RV placement due to neighbors’ actions and need for RV for Charitable work. Owner presented case and owner cites damage to the RV from neighbors reclaimed waters usage, requiring access thought the driver side window due to RVs position. Owner uses the RV frequently to transport food and supplies for feeding the homeless. Owner also pointed that the neighbors boat parked in the front not being issued a violation Aswell. Owner presented their case and supported pictures. Pictures will be emailed and made part of the record. Officer Sexton highlighting the unfulfilled promises and failed commitments of compliance.
b. CASE NO. ECE25-0819- OLMSTEAD
DONALD OLMSTEAD & MIRIAM OLMSTEAD
627 11TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
627 11TH AVENUE WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO, SECTION 17-28(1)- ICC SECTION 109.1.4 NO PERMIT FOR FENCE INSTALL
Mr. Sexton presented the case with the observation of violation occurred May 7th notice of violation issued May 28th with a deadline of June 20th for compliance; a second notice was sent on July 14th, 2025. The City’s recommendation is to obtain a permit for the fence with a deadline date of August 15th, 2025, recommended fine, if not complied with a $25 corrected per day will be imposed. Mr. Olmstead stated that the Fence was blown down from the last hurricane. A 5-foot fence was reinstalled from the back of his residence. He stated he didn’t know he needed a permit for the fence.
ACTION: OBTAIN A PERMIT BY AUGUST 15TH.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENT IN VIOLATION OF ARTICLE XI CITY CODE ORDINANCE SECTION 17-28(1)- ICC SECTION 109.1.4 NO PERMIT FOR FENCE INSTALL BY AUGUST 15TH AND THAT THE ORDER WILL BE SELF EXECUTING WITH A $25 PER DAY FINE IF IT IS NOT CMPLIED BY THAT TIME.
c. CASE NO. ECE25-0439 MCMILLAN
SANDRA MCMILLAN
205 16TH STREET WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
205 16TH STREET WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO, SECTION 7-243 -OVERGROWTH- PROPERTY OVERGROWN VEGITATION ON FRONT, REAR, AND SIDES INCLUDING FENCE LINES. TREE DEBRIS SCATTERED AROUND THE PROPERTY
ACTION: CUT AND WEED ENTIRE PROPERTY INCLUDING FENCE LINES AND MAINTAIN ON A REGULAR BASIS BY JULY 28, 2025
Robert Lamensa presented the case McMillan. The initial investigation occurred on March 13, 2025, followed by the issuance of a violation notice on March 17, 2025. The notice was personally served to the respondent's son on March 17, 2025. The recommended corrective action was to cut and trim the entire property, including fence lines, and maintain it regularly. Photos were presented as evidence of overgrowth and were added to the record. The initial compliance date of March 27, 2025, was not met. The officers recommended that the property be cut and maintained regularly to avoid violation notice.
Jason McMillian son was present on behalf of the respondent. Her daughter was present as well and she has power of attorney.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENT IN VIOLATION OF ARTICLE XI City CODE ORDINANCE SEC 7-243(a), PROPERTY IS OVERGROWN WITH WEEDS, BRUSH AND OVERGROWN PALMS ON ALL PERIMETERS AND INTERIOR AREAS. THE RESPONDENT HAS UNTIL AUGUST 15, 2025, TO COMPLY. OTHERWISE, A FINE OF $25 PER DAY WOULD BE IMPOSED. THIS ORDER IS SELF EXECUTING. THE CASE WILL BE HEARD AT THE AUGUST 26TH SPECIAL MAGISTRATE HEARING STARTING at 2:00 PM.
d. CASE NO. ECE25-0560 HEALEY
NEAL HEALEY AND ANDREA HEALEY
1507 14TH STREET WEST
PALMETTO, FL 34221
VIOLATION LOCATION: 1507 14TH STREET WEST PALMETTO, FL 34221
CODES VIOLATED: CCO 17-28 (1), SECTION 109.1.4- IP22-0195 EXPIRED
ACTION: OBTAIN A PERMIT BY AUGUST 15, 2025
Officer Sexton presented the case to the Magistrate. Case opened on April 1, 2025. The notice of violation was issued on March 11, 2025; granted until May 23 to comply. Officer Sexton’s recommendation is to obtain the required permit by August 15, 2025. If not in compliance by August 15th a $25 per day fine is recommended, and it is self-executing.
Respondents statement was that the permit was originally pulled by Coast-to-Coast contractors (owned by Adam Castro) in 2022. Personal attempts to contact Mr. Castro to resolve the issue have been unsuccessful. The respondent provided evidence of attempts to contact contractors. Mr. Healey requested direction on how to properly set up permitting to ensure completion in the future. Contractor made it clear that everything was taken care of. The respondent contacted the foreman who stated he no longer worked for Mr. Castro.
Mr. Sexton stated the permit was pulled in 2022 and expired without final inspections. Attempts to get the contractor to schedule an inspection have been unsuccessful. Mr. bowman to help guide the respondent on how to reopen the permit.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENT IN VIOLATION OF ARTICLE XI City CODE ORDINANCE CCO 17-28 (1), SECTION 109.1.4- IP22-0195 PERMIT EXPIRED. THE RESPONDENT HAS UNTIL AUGUST 26, 2025, TO OBTIAN A PERMIT. OTHERWISE, A FINE OF A REDUCED FEE OF $10 PER DAY WOULD BE IMPOSED. THIS ORDER IS SELF EXECUTING.
e. CASE NO. ECE25-1158 SMITH
BRADELY SMITH 353 COLONIAL CT
DUNEDIN, FL 34698
VIOLATION LOCATION:
900 9TH AVENUE EAST LOT17
PALMETTO, FL 34221
CODES VIOLATED: CITY ORDINANCE 16-26-NUISANCE- RAW SEWAGE DISCHARGED ONTO GROUND UNDER HOME
ACTION: REPAIR PLUMBING TO PREVENT RAW SEWAGE FROM LEAKING ONTO THE GROUND BENEATH THE MOBILE HOME
Robert Lamensa presented the case regarding raw sewage dumped on Ground. due to a broken pipe under the mobile home. The toilet is not properly connected to the sewer system. The corrective action required is to repair plumbing to prevent raw sewage leakage. The evidence presented by Robert Lamensa included Photos: Showing raw sewage (porous sewage) collecting under the home. This was taken on multiple dates (including the day before the hearing). The Notice of Violation Affidavit: Served directly to Bradley Smith. Notice of Hearing and Affidavit timeline Investigation Began: June 26, 2025, Violation Issued & Served: July 11, 2025, Initial correction date was immediately due to health problems. Re-inspections: June 30, 2025, July 10, 2025, and July 11, 2025, same condition (no repairs made) noted. Officer Lamensa mentioned he documented contacts made with the respondent on each date. Staff Recommendation is to repair the plumbing to prevent raw sewage discharge, immediate correction within a reasonable timeframe. City seeks declaration of a threat to public health, safety, or welfare; an authorization for the city to repair the property if the respondent doesn't comply. The Respondent Bradley Smtih disputes claim of no attempts to rectify the situation. He states he hired plumbers (Garrett plumbing) twice and had a third opinion. He claims the third plumber stated it wasn't feasible to fix the pipe until the water was pumped out. Also, States that he did have the water pumped out before the second plumbing visit. Tenant Testimony (Lucianne Neves): Confirmed sewage coming from the toilet and that it has been like that over time. Explains sewage issues led to a fungi/mold problem inside the unit with Mold growth leading to a mold growth issue within the unit. Water seeping into the insulation and joists, causing floor discoloration and softness; Bathroom vanity sealed off due to mold from "Cat 3 black water." A hygienist has done lab tests showing that this environment has been unhealth. Mr. Neves, currently living on the property and rents the property. Mr. Neves spoke regarding water seeping from underneath the property that it originates from toilet area and entering the crawl space. AC is unusable due to sewage in the return. Mr. Neves has lived there for four months. Problem was first noticed due to high electric and water bill which Led to discovery of a broken water heater tank and the sewage issue. Landlord purchased a water heater; Lucio picked it up. Heater was the wrong size; Lucio informed the landlord immediately. Lucio stated he did not feel comfortable installing it, as he is not a plumber or electrician. The wrong-sized water heater was removed/sold by the landlord approximately a month ago. Mr. Neves has been without hot water for four months.
Mr. Price Respondents’ attorney of Colonial Manors was present. The documents handed to the magistrate for review will be made part of the record regarding park incident.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENT IN VIOLATION OF ARTICLE XI City CODE ORDINANCE SECTION 16-26 AND THAT THIS IS ALSO MNEETS THE NEED FOR CONCERN FOR HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE PROPERTY OWNER HAS SEVEN DAYS TO CORRECT THIS MATTER. AND IF NOT CORRECTED WITHIN SEVEN DAYS, THEN THIS CAN BE BROUGHT TOWARDS THE CITY AND FOR THE CITY TO DECIDE WHETHER OR NOT THE CITY DECIDES WHETHERE OR NOT TO INTERVENE ON A HEALTHM, SAFETY, WELFARE ISSUES ARE CONCERN. THE MAGISTRATE HAS IMPOSED A FINE OF $100 A DAY IF NOT CORRECTED OR UNTIL THE VIOLATION HAS COME INTO COMPLAINCE. THIS ORDER IS SELF EXECUTING.
f. CASE NO. ECE24-1740 SG711, LLC
SG 711, LLC
1211 N. WASHINGTON BLVD
SARASOTA, FL 34236
VIOLATION LOCATION:
711 US 301 NORTH
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-28 (1), SECTION 109.1.4- INSTALLED 40X40 CARPOT ON PROPERTY WITHOUT PERMITS
ACTION: APPLY FOR AND OBTAIN THE PROPER PERMITS FOR CARPORT OR REMOVE FROM PROPERTY
Mr. Lamensa Presented the case. Presented to the Magistrate list of his reinspection. He has been in contact with the respondent. His recommendation is to apply for and obtain a permit. Permit was rejected due to set back requirements. Based on the notes for the permit, it does appear he will be able to obtain the permit.
For the record respondent not present.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENT IN VIOLATION OF ARTICLE XI CITY CODE ORDINANCE CCO 17-28 (1), SECTION 109.1.4- INSTALLED 40X40 CARPOT ON PROPERTY WITHOUT PERMITS. THE RESPONDENT HAS UNTIL AUGUST 15, 2025, TO OBTIAN A PERMIT. OTHERWISE, A FINE OF $25 PER DAY WOULD BE IMPOSED. THIS ORDER IS SELF EXECUTING.
g. CASE NO. ECE25-0046 SG711, LLC
SG 711, LLC
1211 N. WASHINGTON BLVD
SARASOTA, FL 34236
VIOLATION LOCATION:
711 US 301 NORTH
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-28 (1), SECTION 109.1.4- INSTALLED 40X40 INSTALLED A 5 LARGE COMMERCIAL LIGHTS ON OUTSIDE OF THE BUILDING WITH OUT PERMITS
ACTION: APPLY FOR AND OBTAIN THE PROPER PERMITS FOR ELECTRICAL AND 5 LIGHTS OR REMOVE FROM PROPERTY.
For the record respondent not present.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENT IN VIOLATION OF ARTICLE XI CITY CODE ORDINANCE CCO 17-28 (1), SECTION 109.1.4- INSTALLED 40X40 INSTALLED A 5 LARGE COMMERCIAL LIGHTS ON OUTSIDE OF THE BUILDING WITH OUT PERMITS. THE RESPONDENT HAS UNTIL AUGUST 15, 2025, TO OBTIAN A PERMIT. OTHERWISE, A FINE OF $25 PER DAY WOULD BE IMPOSED. THIS ORDER IS SELF EXECUTING.
5. OLD BUSINESS- PUBLIC HEARINGS
- CASE NO. ECE24-0826 ARCE
a. CASE NO. ECE24-0826 ARCE
YESENIA & MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUYE WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- A/C UNIT IN FRONT HOUSE INSTALLED WITHOUT A PERMIT
ACTION: AFFIDAVIT OF COMPLAINCE WAS ADDED TO THE RECORD.
FOR THE RECORD THE RESPONDENT NOT PRESENT.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENTS VIOLATED CCO 17-18(1) ICC SECTION 109.1.4 BUILDING PERMIT REQUIRED- A/C UNIT IN FRONT HOUSE INSTALLED WITHOUT A PERMIT, BUT THE RESPONDENTS CORRECTED THE VIOLATION PRIOR TO THE HEARING, A COPY OF THE AFFIDAVIT OF COMPLIANCE WAS PROVIDED TO THE MAGISTRATE. THE RESPONDENTS ARE PUT ON NOTIVE THAT FUTURE VIOLATIONS OF SECTION 7-182 WILL CAUSE THE RESPONDENTS TO BE DEEMED A REPEAT VIOLATOR AND SUBJECT TO A FINE UP TO $500 PER DAY FOR EACH NEW VIOLATION BEGINNING ON THE DAY THE VIOLATION OCCURRED.
b. CASE NO. ECE24-0827 ARCE
YESENIA & MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUYE WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- AC UNIT IN CONVERTED GARAGE WITHOUT A PERMIT.
FOR THE RECORD THE RESPONDENT NOT PRESENT.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENTS V CO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- AC UNIT IN CONVERTED GARAGE WITHOUT A PERMIT, BUT THE RESPONDENTS CORRECTED THE VIOLATION PRIOR TO THE HEARING, A COPY OF THE AFFIDAVIT OF COMPLIANCE WAS PROVIDED TO THE MAGISTRATE. THE RESPONDENTS ARE PUT ON NOTIVE THAT FUTURE VIOLATIONS OF CCO 17-18(1) ICC SECTION 109.1.4 WILL CAUSE THE RESPONDENTS TO BE DEEMED A REPEAT VIOLATOR AND SUBJECT TO A FINE UP TO $500 PER DAY FOR EACH NEW VIOLATION BEGINNING ON THE DAY THE
VIOLATION OCCURRED.
c. CASE NO. ECE24-0828 ARCE
YESENIA & MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUYE WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- REAR GARAGE CONVERTED INTO A LIVING SPACE WITH BATHROOM, KITCHEN, AND COOKING FACILITIES.
FOR THE RECORD THE RESPONDENT NOT PRESENT.
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENTS CCO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- REAR GARAGE CONVERTED INTO A LIVING SPACE WITH BATHROOM, KITCHEN, AND COOKING FACILITIES, BUT THE RESPONDENTS CORRECTED THE VIOLATION PRIOR TO THE HEARING, A COPY OF THE AFFIDAVIT OF COMPLIANCE WAS PROVIDED TO THE MAGISTRATE. THE RESPONDENTS ARE PUT ON NOTIVE THAT FUTURE VIOLATIONS OF CCO 17-18(1) ICC SECTION 109.1.4 WILL CAUSE THE RESPONDENTS TO BE DEEMED A REPEAT VIOLATOR AND SUBJECT TO A FINE UP TO $500 PER DAY FOR EACH NEW VIOLATION BEGINNING ON THE DAY THE VIOLATION OCCURRED.
d. CASE NO. ECE24-0829 ARCE
YESENIA & MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUYE WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- REAR CARPORT CONVERTED INTO A LIVING SPACE WITH BATHROOM, KITCHEN, AND COOKING FACILTIES.
FOR THE RECORD THE RESPONDENT NOT PRESENT.
e. CASE NO. ECE24-0830 ARCE
YESENIA & MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUYE WEST
PALMETTO, FL 34221
CODES VIOLATED: CCO 17-18(1) ICC SECTION 109.1.4 -BUILDING PERMIT REQUIRED- CARPORT CONSTRUCTED IN THE NORTHEAST CORNER OF THE PROPERTY WITHOUT A PERMIT.
ACTION:
f. CASE NO. ECE25-0551 ARCE
YESENIA & MARTIN ARCE
810 6TH AVENUE WEST
PALMETTO, FL 34221
VIOLATION LOCATION:
810 6TH AVENUYE WEST
PALMETTO, FL 34221
· RULING: BASED ON THE SWORN TESTIMONY AND THE EVIDENCE PROVIDED, THE MAGISTRATE FINDS THE RESPONDENTS CITY ORDINANCE CODE 4.2 ZONING VIOLATION BUILDING - OTHER VIOLATION -ILLEGAL CONVERSION OF PROPERTY FROM SINGLE FAMILY HOME USE TO MULTI FAMILY USE VIOLATION, BUT THE RESPONDENTS CORRECTED THE VIOLATION PRIOR TO THE HEARING, A COPY OF THE AFFIDAVIT OF COMPLIANCE WAS PROVIDED TO THE MAGISTRATE. THE RESPONDENTS ARE PUT ON NOTIVE THAT FUTURE VIOLATIONS OF CCO 17-18(1) ICC SECTION 109.1.4 WILL CAUSE THE RESPONDENTS TO BE DEEMED A REPEAT VIOLATOR AND SUBJECT TO A FINE UP TO $500 PER DAY FOR EACH NEW VIOLATION BEGINNING ON THE DAY THE VIOLATION OCCURRED.
Attachments:
6. SETTLEMENTS
7. UPDATES
The next Code Enforcement Hearing will be scheduled for Thursday, August 26, 2025, at 2:00 PM
8. Magistrate Lewis adjourned the hearing at 3:55 PM
Approved: August 26th , 2025
Daniel P. Lewis
___________________________
Daniel P. Lewis, Magistrate