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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Special Magistrate for Code Enforcement Hearing - October 1, 2025

City Council & Boards — Wednesday, October 1, 2025

BodyVenice, Florida

SessionCity Council & Boards

DateWednesday, October 1, 2025

StatusFILED

Video Record

0:00 / 17:29

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0:10

Okay.

0:13

Good morning, everyone.

0:14

The uh October 1st, 2025 special magistrate hearing for code enforcement is now called to order.

0:21

We'll start with the first case under old business, CE BD 25-00245 ACA Investors LLC.

0:32

Has anyone signed up to speak on that matter?

0:36

I don't see anyone.

0:40

We do or don't.

0:41

We do not.

0:42

Okay.

0:43

All right, then I'd ask the city to please proceed.

0:47

Your Honor, the um property was brought into compliance as of yesterday.

0:53

Um I want to um enter into evidence.

0:57

The affidavit of compliance written by CRO Acosta.

1:03

And request that the case be closed.

1:06

Okay.

1:07

And again, Your Honor, just since there they even though they are in compliance before this hearing, we're just requesting uh there was still a violation, so we're requesting just a reading of the fact that this any other any future violations would be a repeat.

1:20

Okay.

1:21

Uh the certificate of compliance will be admitted into evidence, and I'd under the following.

1:25

Based on the sworn testimony and evidence presented, I find that respondent is compliant with the administrative order entered on September 5, 2025.

1:36

Respondent has put on notice that future violations of Chapter 88 building regulations, Section 2.2.1 permits required, and Chapter 88 building regulations 7 4.1.2 on lawful acts of the city code of ordinances will cause the respondent to be deemed a repeat violator and subject subject to a fine of up to $500 per day for each new violation beginning on the day the violation occurred.

2:03

That then brings us to the second matter, CEBD 25-00524, Mildred H.

2:11

Neary.

2:11

Has anyone signed up to speak in that matter?

2:14

Yes, we do have a respondent present.

2:17

Okay.

2:18

Um and who was that?

2:19

Who was present?

2:22

Michael Neary.

2:24

Okay.

2:24

And Your Honor, um, before we begin on this one, I just want to uh put some more context on this one.

2:30

This one we continued from the last hearing um since the property was recently put into probate.

2:36

Um since our last hearing, I was able to speak with the probate attorney on this one, Mr.

2:40

Maori.

2:41

This is actually going to is actually a uh summary administration, so there's they're not going to be naming a person represent personal representative of the matter, however, um based on the all the name potential heirs that could have interest in this property.

2:56

We have named them all and sent them all.

2:58

We sent them all notice to be here today.

3:00

Mr.

3:01

Neary is here, but um if it was I believe five children and two grandchildren, but everyone has received notice to be here today for this hearing.

3:07

All right, because uh I assume it's homestead, so it would go to them.

3:10

Correct, but by a homestead.

3:11

Okay.

3:12

Correct, Your Honor.

3:12

All right.

3:13

Uh with that understanding, then I'd ask the city to present its case.

3:16

Okay.

3:17

Good morning.

3:18

Kimberly Brown, certified code enforcement officer for the city of Venice.

3:24

Uh the location is 490 Groveland Avenue in the City of Venice.

3:29

On 1025 24, I conducted a site inspection of the property and observed the following property maintenance and unsafe structure.

3:38

During the investigation, I took photographs of the property on 1025.

3:43

These photos fairly and accurately represent the depiction of what I observed.

3:48

The photos show a hole in the roof, exposing rafters, and plywood at the north end.

3:55

Uh the porch and eaves collapsed on the east end.

3:58

Uh the siding is missing and exposing some of the insulation.

4:08

There we go.

4:09

Do we make this?

4:10

How do we make this bigger?

4:12

It's the square rather.

4:13

And then yeah.

4:15

And then you uh then if you want to move through the just here.

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Summary of Proceedings

Special Magistrate for Code Enforcement Hearing

October 1, 2025

The Special Magistrate for Code Enforcement held a hearing on October 1, 2025, in the Council Chambers of Venice City Hall. The meeting addressed three cases: two from old business (CEBD25-002 and CEBD25-005) and one new business case (CEEN25-002). The Magistrate heard testimony from city code enforcement officers and a respondent, reviewed evidence, and issued orders including compliance findings, deadlines for remediation, and repeat violator warnings.

Old Business

Case CEBD25-002 – ACA Investors LLC, Inc.

Property: 45 (no address provided in transcript).
Violation: Failure to obtain permits and unlawful acts under Chapter 88, Sections 2.2.1 and 4.1.2.
City Presentation: Code Enforcement Officer testified that the property was brought into compliance as of September 30, 2025. An Affidavit of Compliance from CRO Acosta was entered into evidence. The city requested a finding that the violation existed and a repeat violator warning.
Respondent: No one appeared.
Order: The Magistrate found the respondent compliant with the Administrative Order of September 5, 2025. The respondent was put on notice that future violations of the cited code sections would result in a repeat violator designation and a fine of up to $500 per day for each new violation.

Case CEBD25-005 – Mildred H. Neary

Property: 490 Groveland Avenue, Venice, FL.
Violation: Property maintenance and unsafe structure (hole in roof exposing rafters, collapsed porch and eaves, missing siding, debris).
Procedural History: The property was in probate (summary administration). Notice was sent to five children and two grandchildren; Michael Neary (son) appeared.
City Presentation: Officer Kimberly Brown testified that inspections on October 25, 2024, documented severe disrepair. Despite multiple courtesy letters and discussions with Michael Neary (who indicated intent to repair or demolish), no permits were applied for as of August 2025. Probate was not opened until August 12, 2025. The city requested a 120-day compliance deadline for probate completion and permit acquisition.
Respondent Statement: Michael Neary stated he was “surprised the city waited this long to do something” but provided no specific actions taken.
Order: The Magistrate found a violation of Chapter 88, Section 3.2 (Responsibilities for Residential Properties). The respondent must: (1) transfer title to the heirs via the homestead act, and (2) obtain permits (not merely apply) for either repair or demolition, both by January 6, 2026. If not complied, a fine of up to $250 per day may be imposed. The case was continued to the January 7, 2026 special magistrate hearing.

New Business

Case CEEN25-002 – Basili A. Tzankis and Kallopi Y. Tzankis Trust

Property: 409 Menendez Street, Venice, FL (Athens Town Homes).
Violation: Offensive accumulation, weeds, tall grass over 12 inches, junk and debris (ceramic roof tiles, cinder blocks, bags of soil, loose wood, etc.).
City Presentation: Officer David Lipker testified that a citizen complaint on August 6, 2025, led to inspections on August 6, 15, and September 9, 2025. The owner, Angelo (trustee), was contacted and initially requested 30 days. Grass was mowed by August 15, but other items remained through September 9. On September 30, 2025, the owner requested an inspection; the property was then found fully compliant. The city requested a finding of violation and a repeat violator warning.
Respondent: No appearance.
Order: The Magistrate found a violation of Chapter 34, Section 34-81 (Offensive Accumulation), but the violation was corrected prior to the hearing. The respondent was put on notice that future violations will result in a repeat violator designation and a fine of up to $500 per day.

Key Outcomes

Case CEBD25-002: Closed as compliant; repeat violator warning issued.
Case CEBD25-005: Violation affirmed; deadline of January 6, 2026, for title transfer and permit obtainment; potential fine of $250/day for non-compliance; continued to January 7, 2026.
Case CEEN25-002: Violation affirmed; corrected before hearing; repeat violator warning issued.

Meeting Transcript

Okay. Good morning, everyone. The uh October 1st, 2025 special magistrate hearing for code enforcement is now called to order. We'll start with the first case under old business, CE BD 25-00245 ACA Investors LLC. Has anyone signed up to speak on that matter? I don't see anyone. We do or don't. We do not. Okay. All right, then I'd ask the city to please proceed. Your Honor, the um property was brought into compliance as of yesterday. Um I want to um enter into evidence. The affidavit of compliance written by CRO Acosta. And request that the case be closed. Okay. And again, Your Honor, just since there they even though they are in compliance before this hearing, we're just requesting uh there was still a violation, so we're requesting just a reading of the fact that this any other any future violations would be a repeat. Okay. Uh the certificate of compliance will be admitted into evidence, and I'd under the following. Based on the sworn testimony and evidence presented, I find that respondent is compliant with the administrative order entered on September 5, 2025. Respondent has put on notice that future violations of Chapter 88 building regulations, Section 2.2.1 permits required, and Chapter 88 building regulations 7 4.1.2 on lawful acts of the city code of ordinances will cause the respondent to be deemed a repeat violator and subject subject to a fine of up to $500 per day for each new violation beginning on the day the violation occurred. That then brings us to the second matter, CEBD 25-00524, Mildred H. Neary. Has anyone signed up to speak in that matter? Yes, we do have a respondent present. Okay. Um and who was that? Who was present? Michael Neary. Okay. And Your Honor, um, before we begin on this one, I just want to uh put some more context on this one. This one we continued from the last hearing um since the property was recently put into probate. Um since our last hearing, I was able to speak with the probate attorney on this one, Mr. Maori. This is actually going to is actually a uh summary administration, so there's they're not going to be naming a person represent personal representative of the matter, however, um based on the all the name potential heirs that could have interest in this property. We have named them all and sent them all. We sent them all notice to be here today. Mr. Neary is here, but um if it was I believe five children and two grandchildren, but everyone has received notice to be here today for this hearing. All right, because uh I assume it's homestead, so it would go to them. Correct, but by a homestead. Okay. Correct, Your Honor. All right. Uh with that understanding, then I'd ask the city to present its case. Okay. Good morning. Kimberly Brown, certified code enforcement officer for the city of Venice. Uh the location is 490 Groveland Avenue in the City of Venice. On 1025 24, I conducted a site inspection of the property and observed the following property maintenance and unsafe structure. During the investigation, I took photographs of the property on 1025.

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