[0:24] Good morning everyone. We'll

[0:25] call to order today's Code

[0:26] Enforcement special Magistrate

[0:29] hearing. The first item on the

[0:35] list is cesw26-00101 Hawks Run

[0:37] Development llc. Has anyone

[0:39] signed up to speak?

[0:41] >> We do not have the

[0:42] respondent present.

[0:44] >> Okay, MR. Lewis.

[0:48] >> Yes. This is a second return

[0:50] hearing in regard in regards to

[0:53] compliance, in issuing an order

[0:54] code. Officer Mike Halpin is

[0:56] here to with an update for Your

[0:58] Honor. And we'll also have the

[1:00] Engine City Engineering speak

[1:07] as well to this matter.

[1:09] >> All right.

[1:10] >> Good morning, Your Honor.

[1:11] For the record, Mike Helton,

[1:12] City of Venice, code

[1:13] enforcement. I'm standing in

[1:15] for David Lipka, who's the

[1:17] primary officer on this case.

[1:18] You had issued an

[1:20] administrative order on JULY

[1:21] 1st, giving him until AUGUST

[1:23] 1st of this year to clean up

[1:25] the water retention ponds at

[1:27] the Hawks run development. I

[1:29] went out earlier this morning

[1:31] and they are still in

[1:33] noncompliance of your order.

[1:36] Noncompliance or paperwork was

[1:38] filed, sent out to them by

[1:40] email, certified mail and

[1:42] regular mail. So they have been

[1:43] notified that they're

[1:45] non-compliant. I have three

[1:46] pictures I could show you that

[1:57] I took this morning. Okay.

[1:57] [Laughter]

[1:59] This is just one of them. You

[2:00] can see that the area is still

[2:07] filled with cattails. The

[2:12] second area. And this is the

[2:18] third area. And these are all

[2:19] the pictures I took this

[2:20] morning. I'd like to enter them

[2:21] into evidence.

[2:22] >> So admitted.

[2:24] >> At this point I have nothing

[2:26] further. I just would like to

[2:27] ask that, Your Honor. Find them

[2:29] in violation and start the fine

[2:32] of $250 per day from AUGUST 1st.

[2:33] >> Very well.

[2:34] >> Okay. And just a few follow

[2:36] up questions. So we the city

[2:38] has attempted to communicate

[2:39] with the property owners in

[2:40] this matter, correct? That's

[2:41] correct. And we've heard

[2:42] nothing from them. There has

[2:45] been no reply. Okay. And this

[2:47] is not the first time that

[2:49] Hawks run has been fined by

[2:51] this by the magistrate as well.

[2:52] Correct. That's correct. I

[2:53] believe this is actually the

[2:56] third. This would be the third

[2:58] time. Yes. Okay. I have nothing

[2:59] further for the city, but I do

[3:01] have city engineering just to

[3:02] kind of if Your Honor wants to

[3:04] hear more about in regards to.

[3:05] >> Your case.

[3:16] >> Okay, then I'll just. Kevin.

[3:17] [Laughter]

[3:18] If you could please introduce

[3:19] yourself to the court.

[3:20] >> Good morning, Your Honor.

[3:21] Good morning, Kevin Barrett,

[3:24] city engineer or city inspector?

[3:25] Stormwater.

[3:27] >> And, sir, you've had an

[3:28] opportunity. You previously

[3:29] testified at the first hearing

[3:30] for this matter, correct? Yes.

[3:33] Okay. And you inspected that

[3:34] property at that time, correct?

[3:36] I did. Okay. And has there been

[3:37] any change to the city's

[3:38] previous testimony? Has there

[3:40] been any change since that?

[3:43] Nothing. Okay. And since

[3:45] nothing has changed since the

[3:46] violation came into came into

[3:48] was ordered, what are they

[3:49] going to what are the

[3:50] consequences and ramifications

[3:53] of this not being cleaned out?

[3:56] >> The higher higher overgrowth.

[3:58] Less water flow to the

[4:02] retention area. My opinion. If

[4:03] it was done earlier, there's

[4:04] been a lot easier to do.

[4:06] >> So they. And this is going

[4:08] to affect stormwater retention.

[4:10] Correct. Is it going to back up

[4:13] into the hoa or the Coa area?

[4:14] The condo association. Excuse

[4:16] me. Yes. Okay. Is it going to

[4:18] back out onto public roads?

[4:19] >> Very well. Could. Yes.

[4:22] >> Okay. So this is causing a

[4:25] rainwater concern by not being

[4:27] remediated? Yes. Okay. And it's

[4:30] also going to be more difficult

[4:32] because we've had rain lately

[4:33] to actually remediate this

[4:34] issue than it was.

[4:35] >> That is correct.

[4:36] >> Okay. I have nothing further.

[4:38] >> All right. Thank you. Why

[4:40] are we not treating them as a

[4:42] repeat violator in terms of the

[4:42] fine?

[4:44] >> They have not been fined for

[4:48] this specific violation. They

[4:51] have. It's. Since this is

[4:53] particular to stormwater issues,

[4:55] this is not an. As opposed to

[4:57] like unlawful accumulation. So

[4:58] we can only get them for

[5:00] repeats. If if if it was the

[5:01] same violation.

[5:03] >> Yeah. You said there were

[5:03] three prior.

[5:05] >> Yes. The other the previous

[5:07] one for just at least show you

[5:09] that they're not they have had

[5:10] run ins with the court before,

[5:12] but they we can't get them for

[5:14] a repeat, repeat violator

[5:15] status. Otherwise we'd be

[5:16] asking for that.

[5:17] >> Okay. Very well. All right.

[5:20] I'll close the hearing. Based

[5:22] on the sworn testimony and

[5:24] evidence presented, I find that

[5:25] respondent has not brought the

[5:27] property into compliance as

[5:29] previously ordered on JULY 1st,

[5:31] 2026, for the violation of

[5:33] section 62, dash one and

[5:36] section 74-297 of the City Code

[5:37] of Ordinances. The find is

[5:40] hereby imposed in the amount of

[5:42] $250 per day beginning AUGUST

[5:44] 1st, 2026 and terminating on

[5:46] the day the property is found

[5:47] to be in compliance by the Code

[5:49] Enforcement Officer in

[5:50] determining the amount of the

[5:52] fine. I have considered the

[5:54] gravity of the violation. Any

[5:55] actions taken by the violator

[5:57] to correct the violation, and

[5:58] any previous violations

[6:01] committed by the violator. A

[6:02] certified copy of this order

[6:03] shall be recorded in the public

[6:05] records of Sarasota County,

[6:07] Florida, and thereafter shall

[6:08] constitute a lien against the

[6:10] subject property and upon any

[6:12] other real or personal property

[6:13] owned by the respondent. And

[6:16] I'd like to comment that the

[6:17] that if it were possible, I

[6:21] would impose a $500 fine,

[6:22] because I know this is not the

[6:25] first or second or third time

[6:28] that there's been an issue with

[6:29] Hawks run development.

[6:31] >> Thank you, Your Honor.

[6:32] >> All right. That brings us to

[6:38] the second matter. New business.

[6:39] Cebd26-00131. Scott. Tyler.

[6:40] Good. Is there anyone here on

[6:41] behalf of the respondent?

[6:43] >> Yes. Respondent is present.

[6:45] >> Okay. And has he signed?

[6:47] >> Yes. I have a speaker card.

[6:48] >> All right. Then I would ask

[6:50] the city to present its case.

[6:53] >> Thank you.

[6:55] >> I stay here, right.

[6:56] >> For now. You can come up

[7:00] front. And then if you're going

[7:02] to speak, we'll ask you to go

[7:03] up there when it's your turn.

[7:05] >> Oh, yeah. It's not a bad

[7:09] thing. Okay.

[7:09] >> Good morning.

[7:11] >> Your Honor. Good morning.

[7:14] >> Okay. My name is Jose Luna.

[7:15] I'm employed by the city of

[7:17] Venice as a community resource

[7:18] officer assigned to the Venice

[7:20] Police Department. My

[7:21] experience and qualifications

[7:23] are on file with the City of

[7:24] Venice. Human Resource

[7:28] Department. This case occurred

[7:31] on. Occurred at 42 Pine Road,

[7:32] which is located within the

[7:34] city limits. The owner on

[7:36] record is the city of Venice

[7:37] and it's known as a municipal

[7:42] home park. The contractor on

[7:46] scene, MR. Westcott Tyler. Good.

[7:48] He resides at 4045 South Mark

[7:52] drive, Sarasota. MAY 29th at

[7:53] approximately 930 in the

[7:55] morning, I responded to 42 Pine

[7:58] Road on a complaint regarding

[8:00] working, working being

[8:03] conducted at 42 Pine Road while

[8:04] the building permit was still

[8:08] in review status, I conducted

[8:11] an inspection and set date of

[8:13] the address and above and

[8:15] observed that drywall had been

[8:18] screwed and to the studs and

[8:22] and also been taped. And Scott

[8:24] had already been cited for

[8:27] working without a permit. At

[8:31] the same location on APRIL 22nd,

[8:36] 2026, at the same property, and

[8:37] he was advised that he needed

[8:41] to apply for a permit and and

[8:43] could not continue any work

[8:45] until the permit was approved.

[8:48] A stop work order label was

[8:50] affixed to the property at this

[8:55] time. On MAY 29th. MR. Gu was

[8:57] subsequently cited for

[8:58] construction without a permit.

[9:00] Second offense, which is a

[9:06] violation of city code 88-2.2.1,

[9:08] and it's considered a class

[9:11] three with a penalty of $2,000.

[9:13] During inspection on MAY 29th,

[9:15] I took photos of the work being

[9:17] done at 42 Pine Road. These

[9:20] photos are fairly inaccurate.

[9:21] Represents the unpermitted work

[9:26] I observed. And I have a

[9:27] PowerPoint that shows you the

[9:29] the work that was conducted.

[9:30] >> Okay,

[9:32] >> Okay, this.

[9:33] >> There you go.

[9:34] >> That's a stop work order

[9:36] that was placed on APRIL 22nd,

[9:41] 2026. And when I went there on

[9:44] the 29th, which is I seen this,

[9:45] this, this is the sheetrock

[9:47] that's been placed behind the

[9:50] lanai area. See, it's been it's

[9:53] been hung, it's been taped. And

[9:55] the other other two pictures

[9:57] predicts it shows the same, you

[9:59] know, work being conducted,

[10:02] which is the next picture.

[10:04] That's what you see the work

[10:05] being conducted on there. They

[10:06] had the plywood on the top

[10:07] there, not the plywood, I'm

[10:10] sorry, drywall, drywall. And

[10:12] this is also a corner there.

[10:13] We're working on where it's

[10:16] been, you know, hung, you know,

[10:19] and taped and ready for

[10:21] finishing. And the permit was

[10:23] still under review. It wasn't,

[10:25] you know, approved yet. You

[10:26] know, when this work was

[10:27] conducted.

[10:29] >> Okay, okay.

[10:30] >> The photos will be admitted

[10:32] into evidence.

[10:33] >> There's another picture

[10:36] showing the same.

[10:39] >> Okay.

[10:42] >> So Officer Luna, again, just

[10:45] to clarify. So MR. Good was

[10:48] previously cited for contract

[10:49] construction contracting with

[10:50] the construction without a

[10:52] permit on for 22 of this year.

[10:53] >> Yes.

[10:56] >> Okay. And was that fine paid?

[10:56] >> Yes.

[10:58] >> Okay. And it was at the same

[10:58] property.

[10:59] >> Yes.

[11:01] >> Okay. And then subsequently

[11:05] on 529 of this year, MR. Good

[11:07] was at the same property doing

[11:09] construction without a permit.

[11:09] >> Yes.

[11:10] >> Did you have any

[11:14] communication with MR. Good on

[11:14] 529.

[11:15] >> Yes, I did.

[11:17] >> What was that communication.

[11:18] >> The communication was that,

[11:19] you know, you can actually got

[11:20] cited. That's that's

[11:22] communication I had with him at

[11:24] that time, at that date.

[11:26] >> When you cited him.

[11:26] >> Yes.

[11:28] >> Did he did you what did you

[11:29] tell him when he when he cited

[11:30] him on 529.

[11:32] >> I advised him that the

[11:33] permits were still under review.

[11:35] They're not as the you know,

[11:36] the permit hasn't been approved

[11:38] yet, and that you. You know

[11:40] that no work could be done

[11:41] until the, you know, permits

[11:42] are approved.

[11:44] >> Okay.

[11:45] >> No further questions at this

[11:46] time.

[11:47] >> Thank you.

[11:49] >> MR. Good. You have an

[11:51] opportunity at this point to

[11:53] ask MR. Officer Luna, any

[11:55] questions that you MAY have

[11:56] before you present your own

[11:57] testimony? Do you have any

[11:59] questions of Officer Luna?

[12:00] >> No problem with code

[12:01] enforcement. I've always liked

[12:02] them. They've gone along with

[12:03] in this case.

[12:05] >> Well. So you you don't. Do

[12:06] you have any questions?

[12:07] >> No, I don't have any

[12:08] questions.

[12:09] >> Right. If you don't have any

[12:10] questions, then I'd ask Officer

[12:12] Luna to step down. Please step

[12:13] up there and you can present

[12:15] any testimony you wish to

[12:15] present.

[12:16] >> Actually, Your Honor, I was

[12:18] just going to call Derek

[12:19] Applegate. Oh. I'm sorry. It's

[12:19] okay.

[12:21] >> Okay, hold on just a second.

[12:35] MR. MR. Good. Okay.

[12:41] >> Good morning. Thank you.

[12:42] >> Sir. Could you, sir, could

[12:44] you please state your name for

[12:44] the record?

[12:45] >> Good morning, Derek

[12:46] Applegate.

[12:47] >> And what is your role with

[12:48] the city of Venice?

[12:50] >> I am the building official

[12:51] for the building department.

[12:52] >> Okay. And have you had an

[12:54] opportunity to look at these

[12:56] photos? I have, okay. And would

[12:58] this work have required a

[12:59] approved building permit in

[13:01] order to to occur? That is

[13:03] correct. What's what's the work

[13:05] that would have made it

[13:07] required to get a permit?

[13:08] >> It appears that he's in

[13:10] closing a non habitable space

[13:11] and carry to habitable space

[13:13] with the insulation board.

[13:15] >> Okay. So that work would not

[13:17] have been able to be completed

[13:20] until conducted until a permit

[13:21] was approved by the city of

[13:22] Venice. Correct. Okay. Nothing

[13:23] further at this time.

[13:25] >> So the issue is not the

[13:27] installation of the drywall per

[13:28] se, but the enclosure of

[13:30] something that was previously

[13:32] not enclosed. Or maybe they're

[13:33] one and the same.

[13:35] >> I would consider them one

[13:36] and the same. Your honor, the

[13:38] working without a permit is a

[13:39] standalone violation. And then

[13:41] in closing, in a space that is

[13:42] going from a non habitable to a

[13:43] habitable would require not

[13:44] only the building department,

[13:46] but planning and zoning to, to

[13:48] make sure that we don't violate

[13:49] any of the land use laws.

[13:52] >> Okay. Thank you. Is there

[13:53] anything else?

[13:54] >> No, Your Honor.

[13:55] >> MR. Goodhart, do you have

[13:57] any questions of MR. Applegate?

[13:57] >> No, I don't.

[13:59] >> All right. So then would you

[14:01] please come up and present your

[14:11] testimony? State your name,

[14:12] please.

[14:17] >> My name is Scott. Good. Yes.

[14:20] We were cited for starting that

[14:23] job there without a permit. I

[14:24] won't lie about that or

[14:26] disclose that we weren't trying

[14:28] to hide the job either, because

[14:29] it's on a main road. Like. Like

[14:31] if you drive out here on Venice

[14:33] Ave, you would see me working

[14:34] there. So we weren't trying to

[14:36] hide it. I was waiting for

[14:37] engineer, which was behind so

[14:39] we could hand it in. We got

[14:40] cited there, which was the

[14:42] police. It was a it was a nasty

[14:44] nightmare because of an hoa guy

[14:46] that didn't know his rules or

[14:49] regulations on how to respond.

[14:51] The the the code enforcement

[14:53] came very polite, handled the

[14:56] thing really nice, gave me a

[14:58] citation which wasn't mine.

[15:01] It's actually the homeowner's.

[15:04] And everybody left. And then

[15:05] Jose calls me a few weeks later

[15:07] and he says on the phone, he

[15:08] goes, how's the permit coming?

[15:11] And I said, the permit is the

[15:12] the building department is

[15:14] ready, but not the zoning. I'm

[15:16] waiting on zoning. He goes,

[15:17] okay. I said, I got a problem

[15:19] though. I said, the drywall you

[15:20] saw hung. They didn't tell you

[15:22] what was behind it. It was all

[15:24] open, all open attic space and

[15:26] wall space into the living area

[15:29] of the ladies trailer. And rats

[15:30] were getting in there and birds

[15:32] and the raccoon was cited. And

[15:34] I said, can I, can I cover that

[15:35] up? And he says, yeah, you can

[15:37] cover that up to keep the birds

[15:39] and stuff from getting in there.

[15:41] So I offer his permission,

[15:43] waiting on the permit to be

[15:44] issued. I went and covered it

[15:46] up. I used drywall, I covered

[15:48] it all up. So no animal or no

[15:51] anything could get in there. It

[15:54] was good. Hoa guy shows up,

[15:57] starts screaming and yelling,

[15:58] threatening me, and calls the

[16:00] cops again and calls code

[16:02] enforcement and code

[16:04] enforcement tells the hoa guy

[16:06] that we never got permission to

[16:10] do that. We did. My business

[16:11] isn't with the hoa guy. My

[16:12] business is with the homeowner

[16:13] and their business is with the

[16:15] homeowner, not me. He doesn't

[16:16] sign my check or nothing, so

[16:17] that's what I'm saying. He

[16:19] doesn't have a right to call

[16:20] the cops, have me arrested, do

[16:22] all this. Jose shows up with

[16:24] his guy. He rides with his

[16:25] partner, good people, goes in

[16:26] there, looks at all the work

[16:28] and says, hey, he covered it up,

[16:29] looks nice, comes back out. He

[16:31] says, I don't have a problem.

[16:34] He calls his boss. His boss

[16:36] says it's a second offense. You

[16:38] need to cite him and tells Jose,

[16:41] why didn't he use plastic or a

[16:43] tarp? His boss has no opinion

[16:44] on what I can use or couldn't

[16:46] use, and nobody gave me a list

[16:47] of materials that I could use

[16:49] or couldn't use to cover all

[16:51] those holes up from the animals

[16:53] getting into her home. Now,

[16:55] that's when I said, you give me

[16:57] a fine because you gave me

[16:58] permission. He says, I gotta do

[17:00] what I gotta do because it's my

[17:02] boss. I didn't argue with him.

[17:03] He's not the problem. His boss

[17:05] was the problem. So I'm sitting

[17:06] in here today with a $2,000

[17:08] fine. The permit was issued the

[17:10] next day after that happened,

[17:12] and we resumed work a few days

[17:14] later on the rest of the

[17:15] project, and it is finished. I

[17:17] just need to call in for

[17:18] inspection, but that's the

[17:20] permission. I got to cover it

[17:21] up. Nobody told me what product

[17:24] I could use or not use, and

[17:26] that's why I'm upset, because I

[17:27] did have permission because he

[17:28] called me on the phone and he

[17:30] said, hey, because they

[17:31] communicate with this, the only

[17:32] code enforcement department in

[17:33] the state of Florida will

[17:35] communicate with you on your

[17:36] getting your permit or getting

[17:38] your information to solve your

[17:40] problem. Most of them just keep

[17:42] slapping fines on you. And

[17:43] that's, that's where I'm at.

[17:45] That's why I don't I'm not mad

[17:46] at anybody. It's just there's a

[17:47] communication between him and

[17:50] his boss to what product I

[17:51] should have used or shouldn't

[17:53] have used. And I used drywall

[17:54] and I used the moisture barrier

[17:56] drywall so that until I got a

[17:58] chance to cover that room up,

[17:59] any rain or any water or any

[18:01] major moisture got in there, it

[18:02] wasn't going to ruin the

[18:04] drywall.

[18:05] >> Okay.

[18:10] >> MR. Lewis, any questions?

[18:12] >> Did you screw the drywall

[18:13] into the property?

[18:16] >> We put a two by four studs

[18:18] behind it. We you don't want to

[18:19] take screws and screw it into

[18:23] the trailer. And I'll have to

[18:24] say, because of insurance

[18:26] reasons, it becomes a nightmare

[18:27] on what can be attached and

[18:28] what can't be attached.

[18:31] >> So you use nails.

[18:33] >> We use 80% of that job with

[18:34] screws and some nails.

[18:35] >> Okay.

[18:36] >> This is an aluminum.

[18:38] >> So did you put you put up

[18:40] you put up drywall, correct.

[18:41] >> Yeah. We used the screws and

[18:42] drywall to the.

[18:44] >> Study that requires permit.

[18:44] Correct.

[18:46] >> There was already a permit

[18:47] waiting on it.

[18:49] >> Did you have an approved an

[18:49] approved permit?

[18:51] >> No. And I don't need a

[18:52] permit for that. I don't know

[18:54] why the building official said

[18:56] that because the state law,

[18:57] each county, municipality and

[19:00] city forces the law the way

[19:02] they want to force it, which is

[19:02] good.

[19:03] >> Do you disagree with the

[19:05] building official for the city

[19:05] of Venice?

[19:07] >> Yes, because it was going to

[19:09] get inspected anyways when the

[19:10] permit was issued. So that's

[19:12] why we put the drywall up

[19:13] instead of a tarp. I still

[19:15] would have had to put two by

[19:16] fours and everything in there

[19:18] for the tarp to hold it, to

[19:19] keep it from blowing around

[19:20] everywhere.

[19:21] >> You said when the permit is

[19:22] issued, correct?

[19:22] >> Yes.

[19:24] >> So the permit was not issued

[19:24] yet.

[19:26] >> It was issued the next day.

[19:28] >> But not the day. Were you

[19:29] working on it?

[19:30] >> No, but I had permission

[19:31] from was code enforcement.

[19:32] >> My question.

[19:33] >> Was the permit issued?

[19:35] >> No, it was not issued yet.

[19:35] >> Okay.

[19:37] >> So you were working without

[19:37] a permit.

[19:39] >> On the drywall, only.

[19:40] >> That required a permit?

[19:41] >> Not necessarily.

[19:42] >> Did the city require a

[19:43] permit?

[19:44] >> Not necessarily.

[19:46] >> Did the city require a

[19:46] permit?

[19:48] >> Not necessarily.

[19:49] >> Did the building official

[19:50] say you needed a permit for

[19:51] that work.

[19:52] >> Because he's the building

[19:53] official, he's going to say

[19:55] what he knows, and we're the

[19:56] contractors. We're going to say

[19:57] what we know.

[19:58] >> Okay.

[19:59] >> I got nothing further at

[20:00] this time for this witness,

[20:01] Your Honor.

[20:02] >> Okay.

[20:03] >> MR. Good, is there anything

[20:05] that you'd like to add after

[20:06] Attorney Lewis has asked you

[20:08] some questions?

[20:09] >> MR. Lewis?

[20:09] >> He's the.

[20:10] >> MR. Lewis.

[20:12] >> You can ask me anything he

[20:13] wants. I'm not dismayed about

[20:15] anybody here. I just know that

[20:16] I have permission to do

[20:17] something. And I did it.

[20:18] >> All right.

[20:20] >> Thank you. You MAY step down.

[20:20] >> Okay.

[20:22] >> I'll call Officer Luna as

[20:24] rebuttal. Your honor.

[20:34] >> I was hoping you would.

[20:37] >> Officer Luna, did you give

[20:40] MR. Good permission to install

[20:40] drywall?

[20:42] >> No, I didn't.

[20:43] >> Do you remember any

[20:44] conversations you had with MR.

[20:45] Gum?

[20:46] >> That was not that day. That

[20:48] was maybe a week or two prior

[20:50] to that. When we do our follow

[20:51] ups, I might say you can cover

[20:53] it up from the elements, from

[20:54] rain, stuff like that. We just

[20:56] pretty much just hard plastic

[20:57] or something to keep it from

[20:59] the rain for coming in there.

[21:00] And he was complaining about

[21:01] squirrels or something. Yeah,

[21:03] you can cover it up and not

[21:04] have permanent coverage. It's

[21:05] like, you know, Tarp or plastic.

[21:07] That's it until the till the

[21:08] permit is issued.

[21:10] >> But you never told them that.

[21:12] He and I want to make sure my

[21:14] timeline is correct on this one.

[21:16] So you told them that you could

[21:18] you told MR. Good that you he

[21:20] could cover the materials up.

[21:22] >> No. Yes. From the from the

[21:22] elements.

[21:24] >> To cover what up from the

[21:24] elements.

[21:26] >> The work that he was saying

[21:27] he was complaining about that

[21:29] it was water getting in there

[21:30] and you know, squirrels getting

[21:31] in there. I said, you cannot

[21:33] cover it up permanently, not to

[21:34] throw that drywall, but just,

[21:36] you know, tarp it up or

[21:37] something until permits ready.

[21:38] >> And do you when was that?

[21:40] >> I'm not sure. It was one of

[21:42] my follow ups. It was probably

[21:44] about a week or two prior to

[21:44] that.

[21:46] >> Was it a week, a week or two

[21:46] prior.

[21:47] >> To that?

[21:48] >> Yeah.

[21:49] >> Well, no. When you say prior

[21:51] to that, prior to you citing

[21:51] citing the.

[21:53] >> On MAY 29th. Yes.

[21:55] >> Okay. So a week or two prior

[21:56] to you a week prior to the

[21:57] certification, the site you

[21:59] issuing the citation? Yes. Hold

[22:00] on. Let me finish the question

[22:03] first. You advised MR. Good

[22:06] that he could cover up from the

[22:07] elements, correct?

[22:08] >> Yes.

[22:10] >> The the the area that was

[22:10] open.

[22:11] >> Yes.

[22:14] >> When you told him that he

[22:16] could cover it up, did you tell

[22:17] him did you specify what he

[22:19] could, what that was?

[22:22] >> I didn't specify it, but

[22:24] pretty much, you know, it was

[22:26] you cover something up with

[22:27] plastic, you know, until the

[22:29] permit is ready.

[22:30] >> Did you ever tell him that

[22:32] he could install drywall?

[22:33] >> No, I never did that.

[22:35] >> Did you ever tell him that

[22:36] he could use nails and screws

[22:37] to install drywall?

[22:38] >> No.

[22:40] >> Okay. Nothing further.

[22:42] >> I do have some questions.

[22:45] MR. Good testified that the two

[22:46] of you had a conversation at

[22:48] the time, or around the time

[22:50] that you were going to site him,

[22:51] and and that you said you're

[22:53] only doing it because your boss

[22:55] told you to do that. Is that

[22:55] correct?

[22:57] >> No. What happened was, I,

[22:59] I'm not a building official. I

[23:02] can't say what is permitted.

[23:04] Not permitted. So what happened

[23:06] was my supervisor, the pictures

[23:08] that I took, I sent it, I sent

[23:11] it to my supervisor, and then

[23:13] he did what he had to do. And

[23:14] he got back to me and said,

[23:16] cite him that he, I guess he

[23:19] made his he, he talked to the

[23:20] building official and he's the

[23:22] one. But I didn't talk to the

[23:23] building official. You know, my

[23:27] boss, my supervisor contacted

[23:28] the building official and then

[23:30] my supervisor told me once he

[23:31] seen the pictures, he said, yes,

[23:35] this item that's not permitted.

[23:36] >> Who from the city would have

[23:40] the authority to authorize MR.

[23:42] Good to put drywall up before

[23:45] he had a permit.

[23:45] >> Building official?

[23:46] >> Not you.

[23:48] >> Know, I'm not I'm only

[23:48] quoting.

[23:49] >> Okay. I have no other

[23:50] questions.

[23:50] >> Okay.

[23:51] >> Nothing further, Your Honor.

[23:53] >> Do you have any questions of

[23:56] of Officer Luna? MR. Good.

[23:56] >> Yes.

[23:58] >> Okay. Go ahead and ask them.

[23:59] >> Hold on.

[24:01] >> Do we have to come up? Yeah.

[24:02] >> I need to give him.

[24:04] >> a microphone. Yeah. He was

[24:05] acting on what he said, but

[24:05] like.

[24:08] >> Hold on please, sir. Hold on.

[24:12] Stay right here.

[24:13] >> He's accurate on what he

[24:15] said. And like the lawyer,

[24:16] you're the lawyer.

[24:17] >> Yes.

[24:18] >> Asking the questions. But

[24:20] nobody gave me permission to

[24:23] use drywall, tarp, plastic,

[24:26] wood, vinyl, aluminum to put

[24:27] the product up to cover the

[24:29] holes and the essentials for

[24:30] the animals in the rain.

[24:33] Getting in. Nobody gave me what

[24:35] specific item I used. I used

[24:37] the item best thought for the

[24:40] room itself. He did his job. He

[24:43] gave me permission to do it.

[24:44] Okay, but nobody gave me

[24:46] permission on which product to

[24:46] use.

[24:48] >> Why didn't you ask me?

[24:49] >> After 25 years in this

[24:50] business, you pretty much know

[24:52] what you're going to use. And

[24:56] why would I ask MR. Jose? He

[24:57] works for the code enforcement.

[24:58] What product I can and can't

[24:59] use to cover up that.

[25:01] >> So why didn't you contact

[25:05] MR. Applegate and ask him?

[25:07] >> To get a hold of a building

[25:08] official during the day to have

[25:10] him pick up the phone? It's not

[25:12] going to happen. He's a very

[25:14] busy man and he runs a good him

[25:15] and his assistant runs a good

[25:18] show too, here in in in Venice.

[25:20] And I, they got quick to him

[25:21] because they have access,

[25:23] because they are code

[25:25] enforcement. He could have come

[25:26] over to the job while we were

[25:28] working there. He could have

[25:29] left whatever he was doing and

[25:31] met us there and said what he

[25:32] gave his opinion on what he

[25:34] think is right or wrong. Nobody

[25:35] showed up but the police trying

[25:37] to put me in jail. And MR.

[25:39] Hayes, his Jose and his his

[25:40] team were there and they were

[25:42] good people. I'm not going to

[25:43] argue with that. I won't I

[25:45] won't even make a complaint on

[25:46] that. I'm making a point that I

[25:47] have permission to cover

[25:49] everything up. I didn't get

[25:50] permission of what product to

[25:52] use, if that's what you want me

[25:52] to say.

[25:53] >> Okay. Yeah.

[25:54] >> Thank you, MR. Lewis. Any

[25:55] questions?

[25:55] >> Yeah, sir.

[25:57] >> How long have you been a

[25:57] contractor?

[25:58] >> 25, 27 years.

[26:00] >> And you did apply for a

[26:01] permit for this position for

[26:03] this. What did you apply? Apply

[26:04] for a permit for.

[26:05] >> a glass room to.

[26:07] >> And so to put the room in.

[26:09] >> There was one there before.

[26:10] >> To basically to put this

[26:12] room in, put this room in to

[26:13] enclose this room.

[26:14] >> Yes. Back the way it was.

[26:17] >> So you knew you had to get a

[26:18] permit.

[26:18] >> Yes.

[26:19] >> You knew that you had to get

[26:21] a permit to enclose this room.

[26:22] >> Yes.

[26:23] >> You also knew that you

[26:24] didn't have a permit yet.

[26:25] >> Yes.

[26:27] >> And you enclosed the room.

[26:28] >> To a degree.

[26:29] >> You enclosed the room,

[26:30] didn't you?

[26:32] >> Two walls? Yes.

[26:33] >> That's enclosing the room.

[26:34] >> No, enclosing room is

[26:35] completely finished. That's

[26:35] enclosure.

[26:38] >> But you put up walls to

[26:38] enclose the room, correct?

[26:39] >> Yes. Started on that.

[26:42] >> So you have experience. You

[26:44] knew you had to enclose the

[26:45] room. You knew you needed to

[26:47] get a permit to enclose the

[26:48] room. You didn't. You also knew

[26:50] you didn't have a permit. And

[26:51] then you still started to

[26:53] enclose the room. But based on

[26:55] your experience, why would you

[26:58] think that? Well, code

[26:59] enforcement told me I can

[27:01] secure it from the elements.

[27:03] That means I can enclose the

[27:04] room.

[27:05] >> No, we didn't enclose it. It

[27:07] was still open when we put the

[27:08] drywall up.

[27:09] >> But you were doing the work

[27:11] with the process, the work to

[27:12] enclose the room.

[27:13] >> Yeah. That's irrelevant what

[27:14] we're doing here.

[27:15] >> I get the point.

[27:17] >> The permit is no permit. We

[27:18] accept the fact we took our

[27:19] $1,500 fine for that. The

[27:22] secondary issue was animals and

[27:22] varmints, and things were

[27:24] getting in there. We needed to

[27:25] stop that. I asked for

[27:27] permission to do that. He gave

[27:31] it to me. I did that with a

[27:32] product. Doesn't matter. The

[27:33] product I did with a product

[27:35] still under the violation that

[27:36] I have to pay, still waiting on

[27:38] the permit to be issued. I

[27:40] solved a problem with their

[27:42] permission. I didn't go to him

[27:43] because I didn't know it had

[27:45] gone that far up the chain. But

[27:46] his assistant did come to the

[27:48] job site the first time when

[27:49] the police were there. Them,

[27:51] them and everybody else in

[27:52] Venice was there. And he told

[27:53] me, he said, Scotty, get the

[27:55] permit, get the work done and

[27:56] move on. Those were his exact

[27:58] words. And we did. We were

[27:59] waiting on the engineer to

[28:00] finish the engineering for that

[28:03] job. And Venice City of Venice

[28:06] is quick on permits. There's no

[28:08] 30, 60, 90 days of Sarasota

[28:10] County. So we knew and I had a

[28:11] permit ready within five days

[28:13] waiting on zoning because in

[28:14] the zoning department in in

[28:17] this particular park has no

[28:18] zoning. And we have to draw the

[28:20] zoning and the individual feet

[28:22] from trailer to trailer to make

[28:23] sure that they were allowed the

[28:25] room that got destroyed by the

[28:26] hurricane to go back. And

[28:27] that's all we were waiting on

[28:29] for zoning. But the building

[28:30] department had already issued

[28:33] the permit waiting on zoning.

[28:35] >> All right. Thank you, MR.

[28:40] Gulyas. All right. I'm going to

[28:47] close this hearing. Before I.

[28:52] Give you my decision. MR. Good.

[28:57] I. I don't know why you didn't

[28:59] ask the right question, but in

[29:00] my view, there should have been

[29:02] a follow up question to Officer

[29:04] Luna, which is what can I cover

[29:05] it up with? And you didn't ask

[29:07] that question. The second thing

[29:09] that bothers me about this is

[29:11] you'd already been fined once

[29:14] before. Yeah. If I were in your

[29:15] shoes, I would have been

[29:17] careful not to get fined again

[29:18] and I would have asked the

[29:19] right questions. And so that's

[29:21] the reason why I'm going to

[29:23] enter the following order.

[29:25] Based on the sworn testimony

[29:26] and evidence presented, I find

[29:28] that respondent violated.

[29:31] Section 88. 2.2.1 of the City

[29:33] Code of Ordinances. Respondents

[29:35] shall forfeit the appeal fee

[29:38] filing fee of $25. Respondent

[29:40] is assessed a civil penalty in

[29:42] the amount of $2,000 and a

[29:44] contested fee of $500, plus the

[29:45] recording fee, if not paid

[29:47] within ten days. All right,

[29:51] this hearing is concluded. Our

[29:53] next hearing is since we have

[29:55] nothing else on the agenda. Our

[29:56] next hearing is scheduled for

[29:59] Wednesday, OCTOBER 7th, 2026 at

[30:00] 10 A.M. And unless there's any

[30:01] further business, this hearing

[30:02] is adjourned.

[30:02] >> Nothing further.

Special Magistrate for Code Enforcement on 2026-09-02 10:00 AM

Agenda

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