[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.