Code Enforcement Hearing
City Commission Chambers
Agenda — 45 items
- 1 MEETING PROCEDURE: By placing your name and the case number you are interested in, you may express your comments during the course of the meeting. Comments on items not scheduled on the agenda will be heard under Public Comment. Comments on all scheduled agenda Items will be heard immediately following the presentation by staff or petitioner. Please wait until you are recognized by the Hearing Officer, state your name and address so that you comments may be properly recorded, and limit your remarks to a period of three (3) minutes or less. The Hearing Officer will act on an agenda item after comments from city staff, the petitioner, and the public have been heard. Hearing procedures can be found at https://www.northportfl.gov/Building-Planning/Code-Enforcement/Code-Enforcement-Hearing
- 1. CALL TO ORDER
- 2. PLEDGE OF ALLEGIANCE
- 3. PUBLIC COMMENT
- 4. APPROVAL OF MINUTES
- A. Approval of the January 23, 2025 Meeting Minutes
- 5. REVIEW OF PROCEDURES AND ADMINISTRATION OF OATH
- 6. COMPLIANT CASES
- A. (NL) ARVM 5 LLC; 4380 Natchez Ter 42-24(a)(2)(a) NPCC - Maintenance of stormwater drainage area. (a) Every lot owner is responsible for maintenance of the stormwater drainage systems within the city's road rights-of-way located adjacent to their lot, unless excused from this responsibility as further provided by this section. These maintenance responsibilities are limited to the following areas: (2) Open swale drainage (with sidewalk)From the edge of the pavement to the owner's unencumbered lot line (see exhibit B). a. Maintain and replace as necessary the lot owner's culvert pipe beneath any driveway crossing the swale. If culvert replacement is a result of a drainage improvement or modification initiated by the city or damaged by public's use of the right-of-way, the remedy shall be at the city's expense. (Lack of maintenance to the swale liners in the city right-of-way. Swale liners are covered with grass and dirt.)
- B. (GO) KEVIN W WHITEFIELD; 7027 De Brita 105.4.1.1, Florida Building Code - Permit has expired. (Expired SFR permit #19-8243, which expired 9/10/2022.)
- C. (LC) GARY D GILBERT JR & MARIA G GILBERT; 3863 Nemo Ave 105.1, Florida Building Code - Permit required. (No permit on file for the 25 x 25 metal 2 bay garage structure on this property.)
- D. (NL) ARACELIS M COLOME; 5233 Bullard St 42-24(A)(5) NPCC - Maintenance of stormwater drainage area. Every lot owner is responsible for maintenance of the stormwater drainage systems within the city's road rights-of-way located adjacent to their lot, unless excused from this responsibility as further provided by this section. These maintenance responsibilities are limited to the following areas: (5) Removing trash, debris, litter, or other items from the swale area to prevent obstruction or partial obstruction of the driveway culvert and swale. (Debris in the City right-of-way consisting of pavers and wood, causing drainage issues) 66-62 (C), NPCC - Except as otherwise provided in this section, no person shall construct, install, place or maintain structures, signs or other fixtures within the Road and Drainage right-of-way of the City of North Port without a currently valid permit issued by the District. (No permit for culvert or apron)
- E. (NL) ELEFTHERIOS & ASIMENIA MAMAIS; 8132 Holster Ave 42-23 NPCC - Accumulation of Debris - It shall be unlawful for any owner of any lot to accumulate or permit the accumulation of including, but not limited to, unusable household items, trash, lumber or any other building materials or equipment for which immediate use cannot be established, tires, parts of vehicles or any other items which create a fire and/or health hazard or creates an unnatural breeding place for snakes, rats, mosquitoes or any vermin, emit noxious odors, or other unsanitary or unsafe conditions and in general appearance and condition, creates a slum appearance which tends to have a decreasing value effect on the neighboring property and premises. (Debris and miscellaneous household items, including but not limited to beds, on this vacant lot.)
- F. Louis Cerbone:PASHCHUK VLADIMIR;:5302 Bayberry St North Port, FL 342866345:4.5.3 (D) ULDC, Land Clearing Debris. (1). No land clearing debris shall be allowed to be placed or stored within 25-feet of the front, side, and rear property lines of the site under the following conditions: a. The debris is piled together in one (1) single mass in only one (1) location on the site. b. The pile of debris shall not exceed 6-feet in height. c. The pile of debris shall be completely enclosed on all four (4) sides by a solid, non-opaque 6-foot high fence and shall include a gate for Fire Department access. d. No burning of debris shall occur unless a valid permit has been secured from State, County and/or local jurisdictions where appropriate. (2). For all land clearing debris that won’t be stored on the site under the conditions set forth above, said debris shall be removed completely from the site within 30-days of having been cleared. (3). Trees that are felled in the process of land clearing, may be mulched, and spread over the site, but shall not be buried in bulk. The mulched material may not be used to build a permanent berm. Land clearing debris in any form may not be used for a business operation from the project site.:Land clear without permit.;
- 7. CONTINUED CASES
- A. (LC) JOHN SHCLARR;:1733 Kadashow Ave IPMC 2021, 304 Exterior Structure - 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: * 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. (Abandoned construction site without window or door frames. The abandoned structure causes a possible hazardous for persons entering. There is also no retaining fences or posted warning signage)
- 8. 1ST HEARING CASES
- A. (JP) JIM BERGER; 6230 Freemont St 42-23 NPCC - Accumulation of Debris (Accumulation of debris in front yard consisting of tarps and/or other miscellaneous roofing materials.) IPMC 2021, 304 Exterior Structure - 304.1 General. Unsafe conditions (Roof on the north side of residence showing heavy signs of deterioration. Additionally, roofing material appears to be missing on south side of roof.)
- B. (LC) EASY COMPUTER SERVICES LLC; 6385 Montcalm Ave 105.1, Florida Building Code - Permit required. (No underbrush permit on file for the underbrush clear done at this residence.)
- C. (GO) KATHLEEN M MCCLOE (E LIFE EST): 1027 Petronia St 105.4.1.1, Florida Building Code - Permit has expired. (Two expired fence permits: 18-00005355 REMOVE & REPLACE LICENSED CONTR (ROOF) 06/22/2018 IS 13-00004152 RESIDENTIAL ADDITIONS 10/24/2013 IS)
- D. (JP) DAURICE CLEARWATERS; 5257 Morandi Ave 105.4.1.1, Florida Building Code - Permit has expired. (Permit number 23-8833, for a reroof, is expired)
- E. (GO) LATITUD NORTH PORT LLC; 2523 Wyola Ave 105.4.1.1, Florida Building Code - Permit has expired. (Expired SFR Permit #21-10238)
- F. (JP) BONNIE J SCATES; 6319 Pontiac Ln 74-92, NPCC - Storage of certain vehicles. No vehicle, boat, bus, truck tractor, dump truck, on-duty wrecker, bucket truck, heavy equipment tractor, semitrailer, or construction equipment, including but not limited to front-end loader, bulldozer, skid steer, or ditch digger, as further defined by subsection 59-16(a) of this code, shall be parked for storage purposes, on any right-of-way within any district zoned for residential use, with the sole exception of construction equipment parked during the tenure of an active construction project. A vehicle or boat shall be deemed as 'parked for storage purposes, when it has not been moved in five consecutive days. (Red Dodge Tuck FL/JWMI98 parked on unimproved surface. Additionally, there is a Black Ford coupe, with unknown registration, parked on unimproved surface.)
- G. (GO) BERHOW SHARON JESSICA; 5942 Trumpet St 105.4.1.1, Florida Building Code - Permit has expired. (Expired fence permit 22-855 as well as Expired shed permit 22-842)
- H. (JP) HEXAGON DEVELOPERS LLC; 2244 Kadlic St 105.4.1.1, Florida Building Code - Permit has expired. (SFR permit 22-11251 is expired as of 10/25/23.)
- I. (GO) KARYL L SWIDER; 8256 Bristol Ave 105.4.1.1, Florida Building Code - Permit has expired. (Expired Re Roof Permit- #23-14748.)
- J. (LC) CARLOS & DOLORES KIENZLE; 2772 W Price Blvd 70-19, NPCC - Damage To Roads, Sidewalk, Crow | 70-19 thru 70-22 NPCC 105.1, Florida Building Code - Permit required.:Permit Required (Detail of work being performed without a permit).
- K. (JP) LATITUD NORTH PORT LLC; 3153 Phineas Ave 105.4.1.1, Florida Building Code - Permit has expired. (Permit number 21-10235 is expired for a single-family residence.)
- L. (GO) DANIEL & ALEXANDRAE DE WITT; 8209 Galbut Ave; 42-85 NPCC IPMC 304 (8) Unsafe Conditions 8 Roofing (There is a hole in the roof of this residence.)
- M. (LC)JILL GIBBS; 4645 Grobe St Section 105.4.1.1, Florida Building Code- Permit has expired. (Permit 23-15727 (replace 4 windows) expired on 1-31-24 as well as Permit 22-8221 (HVAC) expired on 7-28-24.)
- N. (GO) CAPE DEVELOPMENT NP2 LLC; 2032 Florala St 2-511 (B)(1)(B)(1) NPCC Tree Protection Regulations (Property has been torn down and built up with sand. Property has no land clear or SFR permit.)
- O. (GO) ESTERO DEVELOPMENT PARTNERS LP; 5853 Babian Rd 42-23 NPCC - Accumulation of Debris (Debris on the property consisting of dilapidated drywall and a sink.) 105.4.1.1, Florida Building Code - Permit has expired. (Single-family residence permit number 21-6659 is expired.)
- P. (LC) LLANQUIHUE INVESTMENT LLC; 425 Fernway Dr IPMC 2021, 304 Exterior Structure - 304.1 General. Unsafe condition (Building in its current state poses a hazard to public safety.) 105.4.1.1, Florida Building Code - Permit has expired. (Single-family residence permit 22-1622 is expired.)
- Q. (GO) KIMBERLY FISCHER; 5181Jensley Ave 59-1 (c)(1) NPCC, Allowed parking - A property owner shall only have a boat, light duty vehicle, on-call/on-duty wrecker, recreational vehicle, or trailer parked on their residential lot when the lot contains a principal structure (Boat parked/stored on vacant lot without a principal structure)
- R. (GO) VERO ATLANTIC 2 LLC; 6268 Skyview Dr 2-511 (B)(1)(B)(1) NPCC Tree Protection Regulations (Property has removed all underbrush and trees on lot. Only trees on site were four palms that were rooted out of the ground.)
- S. (LC) JENNIFER CARON; 2654 Ashland Ln 59-1 (b)(1) NPCC, Prohibited parking - Right-of-way. No light or heavy duty vehicle shall be parked on the public right-of-way except during a short-term delivery, pick-up, or service activity, provided that: a. The vehicle is parked in the direction of traffic; b. The vehicle does not obstruct a sidewalk or create a hazard due to blocking visibility of traffic and/or pedestrians; c. The vehicle can be parked and moved without causing damage to the public right-of-way; and d. The parked vehicle does not block the view of a principal structure's front door or address numbers. (Multiple vehicles parked in city right of way.) 59-1 (c)(1) NPCC, Allowed parking - A property owner shall only have a boat, light duty vehicle, on-call/on-duty wrecker, recreational vehicle, or trailer parked on their residential lot when the lot contains a principal structure, and pursuant to the following limitations: a. Combined maximum parking. The combined maximum number of light duty vehicles and boats allowed to park on a residential lot is determined based on the lot's size, as follows: Residential Lot Size / Total Vehicles and/or Boats - 10,999 square feet or smaller = 6 ; 11,000 to 20,999 square feet = 8 ; 21,000 to 30,999 square feet = 9 ; 31,000 to 40,999 square feet = 10 ; 41,000 to 50,999 square feet = 11 ; 51,000 square feet and larger = 12 ; b. Boat and trailer parking. A boat on a trailer shall count as one item towards the combined maximum parking allowed on a residential lot. c. Location limits. No boat, light duty vehicle, recreational vehicle, and/or trailer shall be parked on a residential lot except as follows: 1. Front yard parking. A parked vehicle/boat must rest entirely upon a driveway in the front yard. 2. Side or rear yard parking. A parked vehicle/boat must rest so that no part encroaches into an easement on the side or rear yard. *Driveway. An improved surface located between the public street and a private property that provides ingress and egress of vehicular traffic from the public street to a definite area on the private property, such as a carport, garage, or house. (Multiple trailers and vehicles on property.)
- 9. 2ND HEARING CASES
- A. (GO) SB&G LIMITED HOLDINGS LLC; 4438 Hartsook Ave 42-23 NPCC - Accumulation of Debris - (Accumulation of debris consisting of a trailer that is overflowing with trash and tree branches.) 59-1 (c)(1) NPCC, Allowed parking (3 trailers parked on property and not on an improved surface.Car parked on unimproved surface in front of property.)
- B. (JP) MARZAN CONSTRUCTIONS LLC; 3808 Albatros Ln 42-22A NPCC - Excessive Growth of Grass/Weeds (Grass and/or weeds on this property are excessive in height and is in violation of City Code.)
- C. (LC) ESTERO DEVELOPMENT PARTNERS; 2487 Flagami Ln IPMC 2021, 304 Exterior Structure - 304.1 General. Unsafe Conditions 7 - Exterior Walls (Hearing) | 304.1.1 IPMC (The plywood roof is uncovered, and is starting to weather and splinter.) 105.4.1.1, Florida Building Code - Permit has expired. (Permit number 21-10347 for a single family residence has expired) Section 33-7C(3), Unified Land Development Code Silt screens are not installed properly, site is at risk of potential erosion. (Silt fence down on the front of this construction site, as well as partially down on the side. Barrier must be repaired, or replaced.)
- D. Joshua Presson:null PALLADIO DEVELOPMENT LLC ;:4251 Billingham Ln North Port, FL 342885805:105.4.1.1, Florida Building Code - Permit has expired.:Expired SFR Building Permit #22-9026, expired on 7-17-24.;42-23 NPCC - Accumulation of Debris - It shall be unlawful for any owner of any lot to accumulate or permit the accumulation of including, but not limited to, unusable household items, trash, lumber or any other building materials or equipment for which immediate use cannot be established, tires, parts of vehicles or any other items which create a fire and/or health hazard or creates an unnatural breeding place for snakes, rats, mosquitoes or any vermin, emit noxious odors, or other unsanitary or unsafe conditions and in general appearance and condition, creates a slum appearance which tends to have a decreasing value effect on the neighboring property and premises.:Overall unkempt appearance of this construction site- with debris scattered throughout. Debris is overflowing from dumpster, and blowing throughout the property and in to the City Right-of-way.;
- E. (LC) VASILIY & LYUDMILA KORDONSKIY, SERGEY KORDONSKIY; 4418 Shrimp Ln 59-2, City Code, Damage to the public right-of-way, abatement by city (a)Property owner responsibility. A property owner is responsible for any damage caused to the public right-of-way abutting their property that is caused by a vehicle moving over or parked on the public right-of-way. Damage to the public right-of-way includes but is not limited to any damage to public curbing, drainage facility, drainage inlet or structure, swale, street, or sidewalk. When damage to the public right-of-way occurs the responsible property owner must ensure all damage to the affected area is repaired in accordance with this Code and any other standards required by the city. (b)Abatement by city. If a property owner fails to repair the damage to public right-of-way, is found in violation following a hearing, and the hearing officer orders the city to abate the violation at its discretion, the city is authorized to cause the damage to be repaired in whole or part at the property owner's expense. The city manager is authorized to expend city funds as may be reasonably necessary and available to carry out the abatement, the expenditure of such funds being found a proper municipal purpose. The city shall not be responsible for any damage to other property or vegetation that is in the vicinity of such abatement activity. (The underground culvert pipe has been uprooted along the Madagascar side of the property which is interrupting storm water flow. It appears that this damage was caused by vehicles and trailers with boat driving through the right-of-way without a concrete slab. Culvert and Right-of-way permit must be filed, and culvert must be repaired or replaced)
- 10. PUBLIC COMMENT
- 11. ADJOURNMENT
- 45 No stenographic record by a certified court reporter is made of these meetings. Accordingly, anyone seeking to appeal any decisions involving the matters herein will be responsible for making a verbatim record of the meeting/testimony and evidence upon which any appeal is to be based. (SEE: F.S. 286.0105) Note: Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office 48 hours in advance of the meeting. (SEE F.S. 286.26) NONDISCRIMINATION: The City of North Port does not discriminate on the basis of race, color, national origin, sex, age, disability, family or religious status in administration of its programs, activities or services. AMERICAN WITH DISABILITIES ACT OF 1990 - The North Port City Hall is wheelchair accessible. Special parking is available on the west side of City Hall and the building may be accessed from the parking area. Persons with hearing difficulties should contact the City Clerk to obtain a hearing device for use during meetings.