Code Enforcement Board

CITY OF PUNTA GORDA, FLORIDA CODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 24, 2025, 9:00 A.M. 120 LAISHLEY COURT PUNTA GORDA, FL 33950 MEMBERS PRESENT: Adele Higgins, Chair Joseph Comeaux, Robert Engelhart, Keith Johnson, Ronald Muschong, Carl Rich CITY STAFF PRESENT: Meredith Achtenberg, Code Compliance Officer; Rachel Barry, Zoning Official; Frank Coppinger, Code Compliance Officer, Nick Falkner, Code Compliance Supervisor; Daniel Lewis, Board Attorney; Morgan Schneider, Administrative Assistant; Deputy City Clerk Falkner CALL TO ORDER Chair Higgins called the meeting to order at 9:00 a.m. 1) APPROVAL OF MINUTES 1.A August 29, 2025, Meeting Minutes. Exhibits: Cover Page August 29, 2025, Minutes Member Muschong MOVED to approve the August 29, 2025, minutes, SECONDED by Member Comeaux. MOTION CARRIED UNANIMOUSLY. 2) NEW BUSINESS Deputy City Clerk Falkner swore in all participants. 2.A REPEAT VIOLATION - HEARING-25-88573- CODE COMPLIANCE OFFICER- FRANK COPPINGER Respondents: 24/7 Automotive Performance LLC. C/O Christopher Chase Address of Violation: 415 Cooper St. Violation of Chapter 26, Section 8.10 Multiple Axle Trailer Exhibits: Cover Page 25-00088573 415 Cooper St Chair Higgins called Case 25-88573 and identified the parties thereto, the subject property, and the violations noticed for hearing. She then confirmed the respondent was present, requesting an entry of plea. Christopher Chase, respondent, entered a plea of not guilty. Frank Coppinger, Code Compliance Officer, reviewed the history of the case, previous compliance orders entered, and the timeframe for noncompliance. Discussion ensued regarding same.

Christopher Chase provided a history of the property, opining the violations did not present a nuisance to neighboring properties. Member Rich questioned whether the respondent understood his obligations under the compliance order issued May 28, 2025. Christopher Chase replied affirmatively. Discussion ensued regarding the location and zoning of the property. Member Muschong MOVED, to find the City had presented a prima facie case, SECONDED by Member Rich. MOTION CARRIED UNANIMOUSLY. Member Rich MOVED to find the respondent guilty of repeat violation, to assess a penalty of $235 to represent a fine of $5 per day for 47 days of noncompliance, and to order case costs in the amount of $16.86 be paid, SECONDED by Member Comeaux. Discussion ensued regarding the timeframe of noncompliance and whether same had been verified. AYE: Engelhart, Comeaux, Rich, Johnson, Muschong NAY: Higgins MOTION CARRIED. Chair Higgins explained her opposition to the motion was due to concerns surrounding the timeframe of noncompliance. 2.B IRREVERSIBLE AND IRREPARABLE VIOLATION - HEARING-25-88611- CODE COMPLIANCE SUPERVISOR- NICK FALKNER and PGPD OFFICER- T. VETRI Respondents: IH6 Property Florida LP Address of Violation: 7300 Powder Puff Violation of Chapter 6A, Section 6A-1.6 (a)(b) Illicit Discharge Exhibits: Cover Page 25-00088611 7300 Powder Puff Chair Higgins called Case 25-88611 and identified the parties thereto, the subject property, and the violations noticed for hearing. She then confirmed the respondent was present, requesting an entry of plea. NOTE: Respondent translations were provided by Neyli Sotolongo, Administrative Assistant. Rami Diaz, respondent, pled not guilty. Thomas Vetri, Police Officer, summarized the night of the violation, reviewing photos of an oil pan that the respondent used to pour a substance, thought to be oil, down the storm drain. Nick Falkner, Code Compliance Supervisor, then presented the City's case from a code enforcement perspective, summarizing the irreparable nature of the violation. Rami Diaz explained she did not speak English fluently, noting she had tried to explain to the officer that the oil pan had water and dirt in it from cleaning a lawn mower not oil. Discussion ensued regarding the substance in the oil pan, where the storm drain discharged, and the process for inspecting the violation.

Chair Higgins inquired whether it was permissible to pour water down the storm drain. Rachel Barry, Zoning Official, replied direct discharge into the storm drain was prohibited by the City's Code of Ordinances. The Board reviewed the body camera footage of the night of the violation from Officer Vetri. Member Comeaux MOVED to find the City had presented a prima facie case, SECONDED by Member Rich. MOTION CARRIED UNANIMOUSLY. Member Comeaux MOVED to find the respondent guilty, to assess a fine of $25 to be paid within 30 days, and to require case costs in the amount of $20.88 be paid within 30 days, SECONDED by Member Muschong. AYE: Engelhart, Comeaux, Johnson, Muschong NAY: Higgins, Rich MOTION CARRIED. Chair Higgins and Member Rich explained their opposition to the motion was due to the desire to see a higher fine assessed. NOTE: A 5-minute break was called at 10:30 a.m. 2.C HEARING-25-88045- CODE COMPLIANCE OFFICER- MEREDITH ACHTENBERG Respondent: Marshall Adams Address of Violation: 219 Lewis Cir. Violation of Chapter 26, Section 8.11 (a) Dirty Roof Exhibits: Cover Page 25-00088045 219 Lewis Cir Chair. Higgins called Case 25-88045 and identified the parties thereto, the subject property, and the violations noticed for hearing. Meredith Achtenberg, Code Compliance Officer, requested the case be dismissed. Member Rich MOVED to dismiss the case, SECONDED by Member Comeaux. MOTION CARRIED UNANIMOUSLY. 2.D HEARING-25-88132- CODE COMPLIANCE OFFICER- FRANK COPPINGER Respondents: Spike Holdings LLC. Address of Violation: 880 W Marion Ave. Violation of Chapter 26, Section 8.11 (b) Property Maintenance/Windows Exhibits: Cover Page 25-00088132 880 W. Marion Ave Chair Higgins called Case 25-88132 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. Frank Coppinger requested a continuance, noting the receiver had not yet been served. Member Rich MOVED to continue the case to the November meeting, SECONDED by Member Comeaux.

MOTION CARRIED UNANIMOUSLY. 2.E HEARING-25-88346- CODE COMPLIANCE OFFICER- MEREDITH ACHTENBERG Respondents: San Marcos GTM LLC. Address of Violation:1623 Redwing Ct. Violation of Chapter 26, Section 1.4 No Permit Violation of Chapter 26, Section 1.5 No Permit Violation of Chapter 26, Section 1.10 No Permit Violation of Chapter 9, Section 9-2 (h) Tall Grass and/or Weeds Exhibits: Cover Page 25-00088346 1623 Red Wing Ct. Chair Higgins called Case 25-88346 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. Meredith Achtenberg reviewed the history of the case, displaying photographs of the subject property. Member Rich MOVED to find the City had presented a prima facie case, SECONDED by Member Comeaux. MOTION CARRIED UNANIMOUSLY. Member 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 30 days, and to require payment of case costs incurred in the amount of $28.82 within 30 days, subject to a fine of up to $250 per day plus applicable interest, SECONDED by Mr. Comeaux. MOTION CARRIED UNANIMOUSLY. 2.F HEARING-25-88418- CODE COMPLIANCE OFFICER- MEREDITH ACHTENBERG Respondents: Ronald & Michelle Stanton Address of Violation: 450 Bal Harbor Blvd. Violation of Chapter 9, Section 9-2 (a) Outside Storage Violation of Chapter 9, Section 9-2 (d) Outside Storage/Unlicensed Vehicle Exhibits: Cover Page 25-00088418 450 Bal Harbor Blvd Chair Higgins called Case 25-88418 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. Meredith Achtenberg stated reviewed the history of the case, displaying photographs of the subject property. Member Rich MOVED to find the City had presented a prima facie case, SECONDED by Member Comeaux. MOTION CARRIED UNANIMOUSLY. Member Comeaux 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 30 days, and to require payment of case costs incurred in the amount of $28.82 within 30 days, subject to a fine of up to $250 per day plus applicable interest, SECONDED by Member Rich. MOTION CARRIED UNANIMOUSLY. 3) UNFINISHED BUSINESS 3.A HEARING IMPOSING PENALTY-HEARING-25-88005- CODE COMPLIANCE OFFICER- FRANK COPPINGER Respondents: 925 W Marion/960 W Olympia FL LLC Address of Violation: 925 W Marion Ave Violation of Chapter 26, Section 8.11 (a) Property Maintenance/Dirty Roof Violation of Chapter 26, Section 8.11 (b) Property Maintenance/Structure Violation of Chapter 26, Section 8.11 (e)(1) Landscape/Dead Tree Exhibits: Cover Page 25-00088005 925 W Marion Ave Chair Higgins called Case 25-88005 and identified the parties thereto, the subject property, and the repeat violations noticed for hearing. She confirmed the respondent was not present. Frank Coppinger requested a continuance, noting the receiver had not yet been served. Member Rich MOVED to continue the case to the November meeting, SECONDED by Member Comeaux. MOTION CARRIED UNANIMOUSLY. 4) STAFF COMMENTS Deputy City Clerk Falkner briefly discussed previous guidance provided by a City Attorney regarding prima facie findings, noting same would be reviewed with Daniel Lewis, Board Attorney. 5) MEMBER COMMENTS Member Rich recalled City Council considering utilizing a Special Magistrate for code compliance. Member Comeaux questioned the status of the Punta Gorda Waterfront Hotel. Nick Falkner replied the property would be sodded and a meeting would be held to discuss further action. ADJOURNMENT The meeting adjourned at 11:19 a.m.Chair Board Recorder