Code Enforcement Special Magistrate Hearing (2026-01-27)

America's Seaplane City

CITY OF TAVARES CODE ENFORCEMENT/SPECIAL MAGISTRATE HEARING JANUARY 27,2026 TAVARES CITY HALL - CITY COUNCIL CHAMBER 201 E. MAIN STREET, TAVARES, FLORIDA 32778

SPECIAL MAGISTRATE

Ben Boylston

STAFF PRESENT

Lindsay Holt, City Attorney Chris McCormick, Code Enforcement Officer Michael Willis, Fire Division Chief Lee Cheney, Fire Inspector Michelle Winegard, Deputy City Clerk

CALL TO ORDER

Special Magistrate Ben Boylston called the meeting to order at 4:02 p.m.

I. APPROVAL OF MINUTES

The October 28, 2025 Code Enforcement Hearing minutes were approved as submitted.

IV. NEW BUSINESS

II. SWEARING-IN

The Special Magistrate heard the cases in the following order:

III. OLD BUSINESS

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| 1\. CET2509-0016 City of Tavares vs. Drake DavisViolation Address: 506 E. Caroline Street, Tavares, FL 32778 | | | --- | --- | | Violation: | Florida Building CodeChapter 1, Section 105.1 | | | City of Tavares, Land Development RegulationsSection 12-13 Nuisances ProhibitedSection 12-16 Accumulation of Mosquito Breeding PlacesSection 20-5 General Off-Street Parking CriteriaSection 12-18 Accumulation, Excessive Growth Prohibited |

Drake Davis appeared in person.

Officer McCormick presented the case and read the agenda staff report into the record noting that as of January 27, 2026, all violations were still active, except for Section 12- 16, Accumulation of Mosquito Breeding Places, of the Land Development Regulations.

Officer McCormick then presented the exhibits to Mr. Davis prior to submitting them to the Special Magistrate.

Officer McCormick entered documents into evidence \[Exhibits 1-10\], including the Case Report Summary and all notices to the alleged violator as defined by and meeting the requirements of Florida Statute 162.12. All exhibits were admitted as marked.

Mr. Davis stated that he could have the property cleaned up by Monday. Mr. Davis asked whether he could park his truck in the backyard instead of the front yard. Officer McCormick advised that parking the vehicle in the backyard was permitted, provided the vehicle appeared operable, stating a vehicle that appears inoperable constitutes a separate violation.

Mr. Davis provided background regarding why the vehicle had been parked in the front yard and stated that he was working on obtaining the title in his name so that he could move and use the vehicle.

Special Magistrate Boylston asked about the unpermitted pool located in the backyard. Mr. Davis explained that his mother had installed the pool and that it had not yet been filled. When asked about obtaining a permit, Mr. Davis stated that they had been considering removing the pool and that he was willing to remove it to resolve the violation.

* * *

Special Magistrate Boylston explained the daily fines and the process required to cure the violations, advising Mr. Davis that once the violations were corrected, he would need to contact Officer McCormick to request a reinspection.

Mr. Davis inquired about storing building materials on the property. Officer McCormick advised that such materials should be stored out of view of the right-of-way, as they could otherwise be considered a nuisance.

MOTION

The Special Magistrate, Ben Boylston, found the property owner, Drake Davis, to be in violation of the four remaining active violations identified by staff. He ordered a corrective action deadline of Monday, February 16, 2026. If the property was not in compliance by that date, daily fines of $100 per day for the Florida Building Code, Chapter 1, Section 105.1, and $25 per day for each City of Tavares Land Development Regulations violation would be assessed until compliance was achieved. The Special Magistrate further ordered that the administrative costs in the amount of $114.24 be paid by February 27, 2026.

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Officer McCormick stated that as of January 27,2026,the property was in compliance.

No one was present to represent Richard D. Verkaik.

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The Special Magistrate found the property owner, Richard D. Verkaik, to be in violation of NFPA 10, Standard for Portable Fire Extinguishers, Chapter 7 Inspection, Maintenance and Recharging (Section 7.3.1.1). As the violation had been cured, the Special Magistrate ordered that administrative costs in the amount of $114.24 be paid by February 27, 2026.

MOTION

* * *

Section 11-7 Installation and Maintenance

Officer McCormick stated that as of January 27,2026,the property was in compliance.

No one was present to represent Charlene Bellenger.

Officer McCormick entered documents into evidence \[Exhibits 1-10\], including the Case Report Summary and all notices to the alleged violator as defined by and meeting the requirements of Florida Statute 162.12. All exhibits were admitted as marked.

MOTION