Special Magistrate Code Enforcement Hearing - September 3, 2025

The City of Venice Special Magistrate for Code Enforcement met on Wednesday, September 3, 2025, at 10:00 a.m. in Council Chambers. The docket included two code enforcement cases and three citation/parking citation appeals. Where the transcript and agenda differ on case numbers or spellings, the variations are noted below.

Public Comments & Testimony

• A woman identifying herself as power of attorney for a homeowner at 1353 Lucaya Avenue said a complaint she filed had been scheduled for today but was removed from the calendar. The special magistrate replied that the matter was not before the current hearing.

Discussion Items

CEBD25-002 ACA Investors LLC, Inc. (agenda number; announced as CEBD25-00245)

• Code Enforcement Officer Acosta testified that an inspection on July 15, 2025, at 1316 Ridgewood Avenue found plumbing, electrical, and new window work done without permits and without a licensed contractor on site. A stop work order was issued that day.
• Two representatives of the LLC explained that they intended to renovate the house as homeowners, made a last-minute decision to buy it through the LLC, and later learned that disqualified them from the homeowner exception. They said they were working with an engineer and a licensed contractor and planned to apply for permits.
• The city responded that permits would have been required regardless of ownership, although the unlicensed-contracting allegation may have been treated differently if an individual owner had been doing the work.
• The special magistrate found the respondent in violation of Chapter 88, Sections 2.2.2 and 4.1.2. The respondent must apply for and obtain permits and use a licensed contractor by September 30, 2025, or face fines of up to $250 per day. The case was continued to October 1, 2025.

CEBD24-005 Mildred H. Neary (agenda lists Mildrid; transcript corrected to CEBD24-00524)

• Code Enforcement Officer Kimberly Brown testified that a complaint led to an inspection on October 25, 2024, showing a hole in the roof, collapsed front eaves and porch, and siding pulled away from the building. On December 13, 2024, building inspector Paul Rakes described the house as in severe disrepair and an unsafe structure.
• The property remains recorded to Mildred Neary, who died in 2015; her husband died in 1998. No probate had been opened until August 12, 2025.
• Michael Neary, the son, said he did not receive certified notices and only learned of the case from the posted notice. He said he is pursuing probate and expects it to move quickly after a niece was added to the filing, but no personal representative had been appointed.
• The city said no permits had been applied for. The special magistrate continued the case to October 1, 2025, so the estate can appoint a personal representative with authority to act.

Citation Appeal CEEN25-001 Jessie Dewayne Connor

• Code Enforcement Supervisor Jim Davis announced a settlement: the city agreed to dismiss two citations in exchange for a $1,000 civil penalty plus the contested case fee and recording fee if not paid within 10 days. The special magistrate entered the agreed order.

Citation Appeal CIVI25-00245 Christopher N. Varone (transcript spells Vallone)

• Officer Acosta testified that Mr. Varone was the person found doing unpermitted work at 1316 Ridgewood Avenue and that he had said he did plumbing and electrical work and later described himself as a handyman. Varone received two citations, each carrying a $1,500 penalty, for a $3,000 uncontested total.
• A representative speaking for Mr. Varone said Varone was his partner; that he had 35 years of contracting experience in New York; that the company had filed with Florida DBPR and was pursuing Florida licensing; and that they were not trying to hide the work or deny payment.
• The special magistrate found Mr. Varone in violation of Chapter 88, Sections 2.2.2 and 4.1.2, and assessed a $2,500 civil penalty for each violation, for a total of $5,000, plus the $25 appeal filing fee, contested case fee, and recording fee if not paid within 10 days.

Parking Citation - Martha Haines (agenda spelling; transcript spells Haynes)

• Officer Kimberly Brown testified that on April 19, 2025, at 1:36 p.m., at Grazier Park, 740 Barcelona Avenue, she cited a 2017 Silver Lexus ES 350 partially parked on the driveway apron within 10 feet of a driveway. Officer Brown identified this as a violation of city code Section 70-314 and also referred to Florida Statute 316.
• Ms. Haines testified she was 14 feet 8 inches from the ingress/egress point, was not blocking access, and said a Venice police officer, a clerk, and an attorney each told her they would contest the citation if it were theirs.
• Officer Brown explained that parking on the concrete apron is prohibited regardless of the adjacent curb, hedge, sidewalk, or lack of a sign.
• The special magistrate found her in violation and ordered that she forfeit the $25 appeal filing fee and pay a $25 civil penalty plus the recording fee if not paid within 10 days.

Key Outcomes

• ACA Investors LLC must correct the Ridgewood Avenue violations by September 30, 2025, using permits and a licensed contractor, with potential fines of up to $250 per day.
• The Neary property case was continued to October 1, 2025, pending appointment of a personal representative.
• Connor's two citations will be dismissed after payment of $1,000 plus fees.
• Varone was ordered to pay $5,000 in penalties plus fees.
• The parking citation was upheld, with a $25 penalty plus fees.
• The next special magistrate hearing is scheduled for October 1, 2025, at 10:00 a.m.