Code Enforcement Board

CITY OF PUNTA GORDA, FLORIDA CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 26, 2025, 9:00 A.M. 120 LAISHLEY COURT PUNTA GORDA, FL 33950 MEMBERS PRESENT: Adele Higgins, Chair Kathleen Antona, Joseph Comeaux, Robert Engelhart, Keith Johnson, Ronald Muschong, Carl Rich MEMBERS ABSENT: Mark Hatala CITY STAFF PRESENT: Meredith Achtenberg, Code Compliance Officer; Rachel Barry, Zoning Official; Nick Falkner, Code Compliance Supervisor; Ashley Omelanski-Carney, Executive Assistant, Daniel Lewis, Board Attorney; City Attorney Levin; Deputy City Clerk Falkner; Alexandra Friend, Board Recorder CALL TO ORDER Ms. Higgins called the meeting to order at 9:00 a.m. 1) APPROVAL OF MINUTES 1.A February 26, 2025, Code Enforcement Board minutes for approval Exhibits: Cover Page February 26, 2025, Minutes Ms. Antona MOVED to approve the February 26, 2025, minutes, SECONDED by Mr. Muschong. AYE: Antona, Comeaux, Engelhart, Higgins, Johnson, Muschong, Rich ABSENT: Hatala MOTION CARRIED. 2) NEW BUSINESS Ms. Alexandra Friend, Board Recorder, swore in all participants. 2.A HEARING-24-86857- CODE COMPLIANCE OFFICER- MEREDITH ACHTENBERG Respondent: Diane A. Novak Address of Violation: 1975 Narranja St. Violation of Chapter 9, Section 9-2 (h) Tall grass and/or Weeds Violation of Chapter 26, Section 8.11 (b) Property Maintenance Structure Exhibits: Cover Page 24-86857 1975 Narranja St.

Ms. Higgins called Case 24-86857 and identified the parties thereto, the subject property, and the violations noticed for hearing. She then confirmed the respondent was not present and entered a plea of not guilty on their behalf. Ms. Meredith Achtenberg, Code Compliance Officer, stated a September 17, 2024, inspection found tall grass or weeds throughout the property and a January 31, 2025, inspection also found the roof in a state of disrepair. She displayed photographs of the subject property and reviewed the City's efforts to bring the property into compliance, indicating a March 25, 2025, inspection found the tall grass or weeds had been maintained; however, the roof remained in a state of disrepair. She concluded by submitting case costs in the amount of $41.05. Ms. Antona confirmed with Ms. Achtenberg that the standing violation was for the roof in a state of disrepair. City Attorney Levin advised the Board to include the tall grass or weeds in their findings to ensure a Cease and Desist was issued for both violations. Mr. Rich MOVED to find the City had presented a prima facie case, SECONDED by Mr. Comeaux. AYE: Antona, Comeaux, Engelhart, Higgins, Johnson, Muschong, Rich ABSENT: Hatala MOTION CARRIED. Mr. Rich MOVED to find the respondent guilty, to issue a Cease and Desist Order for any future violations, to order the property be brought into compliance within 60 days, and to require payment of case costs incurred in the amount of $41.05 within 30 days, subject to a fine of up to $250 per day plus applicable interest, SECONDED by Mr. Comeaux. Ms. Higgins questioned if a roof permit could be obtained in 60 days. Mr. Falkner replied affirmatively. AYE: Antona, Comeaux, Engelhart, Higgins, Johnson, Muschong, Rich ABSENT: Hatala MOTION CARRIED. 3) UNFINISHED BUSINESS 3.A HEARING IMPOSING PENALTY- HEARING-24-86598- CODE COMPLIANCE OFFICER- MEREDITH ACHTENBERG Respondents: Bonnie S. Jacobs Trustee Address of Violation: 551 Toulouse Dr. Violation of Chapter 26, Section 8.11 (a) Property Maintenance-Dirty Roof Violation of Chapter 26, Section 8.11 (b) Property Maintenance Structure Exhibits: Cover Page 24-86598 551 Toulouse Dr -Imposing Penalty Ms. Higgins called Case 24-86598 and identified the parties thereto, the subject property, and the repeat violations noticed for hearing. Ms. Achtenberg summarized the history of the Compliance Order issued to the respondent, displaying photographs of the subject property. She then reviewed the City's efforts to bring the property into compliance and the timeline for noncompliance. She stated the property had been in repeat violation of the Compliance Order for 62 days, from January 23, 2025, to March 25, 2025. She concluded by submitting total case costs incurred in the amount of $91.80. Mr. Comeaux questioned if there had been any contact with the property owner.

Ms. Achtenberg replied in the negative. Mr. Muschong questioned if the posted notice was still on the property. Ms. Achtenberg reviewed the photographs with the Board, noting it did not appear the notice was on the property in the photographs dated March 25, 2025. Ms. Higgins questioned if the notice being removed affected the posting requirements. Mr. Daniel Lewis, Board Attorney, replied in the negative. Ms. Higgins recalled the Board heard testimony regarding this property in November, recalling the Board's concern for safety due to the lower screens missing on the pool enclosure. Mr. Engelhart questioned if same was under the Board's purview. City Attorney Levin replied the respondent had not been cited for the missing screens. Mr. Rich MOVED to find the respondent guilty of repeat violations, to order an additional penalty in the amount of $6,200 be imposed, representing a fine of $100 per day for an additional 62 days of noncompliance from January 23, 2025, to March 25, 2025, plus applicable interest of 9.5% per annum, and to further order the respondent pay total case costs incurred in the amount of $91.80 within 30 days subject to a fine of up to $250 per day plus applicable interest, SECONDED by Ms. Antona. AYE: Antona, Comeaux, Engelhart, Higgins, Johnson, Muschong, Rich ABSENT: Hatala MOTION CARRIED. Mr. Johnson questioned if staff could use the trustee’s address for mailings. City Attorney Levin replied State statutes required staff to use the property owner’s address as listed in the Charlotte County Property Appraiser's records. Ms. Higgins questioned if the Order issued this date would be posted on the property. Ms. Ashley Omelanski-Carney, Executive Assistant, replied affirmatively. Mr. Muschong questioned if the post office made staff aware of any mail forwarding. Mr. Levin replied with uncertainty. 4) STAFF COMMENTS Deputy City Clerk Falkner noted an annual training would be held at the April meeting, encouraging Board members to review their appointee documents beforehand. Mr. Falkner introduced the new Code Compliance officers. 5) MEMBER COMMENTS NOTE: Member comments were heard before staff comments. Mr. Comeaux noted work had been performed at 900 West Marion Avenue. City Attorney Levin questioned if the property had been sold. Mr. Comeaux replied with uncertainty. He recalled seeing signs at 925 West Marion Avenue, questioning if same constituted a violation. Mr. Falkner replied a case was open for that property; however, the signs were for mowing as a nuisance abatement. Mr. Comeaux recalled seeing signs at 451 West Marion Avenue, questioning if same constituted a violation.

Mr. Falkner replied the signs were compliant with the City's Code of Ordinances. Ms. Rachel Barry, Zoning Official, noted staff had not been able to make contact with the property owner regarding the debris on the property; however, they had been in contact with her attorney. ADJOURNMENT The meeting adjourned at 9:38 a.m.Chair Board Recorder