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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Code Enforcement Special Magistrate Hearing – January 7, 2026

City Council & Boards — Wednesday, January 7, 2026

BodyVenice, Florida

SessionCity Council & Boards

DateWednesday, January 7, 2026

StatusFILED

Video Record

0:00 / 10:36

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0:14

Good morning everyone.

0:15

Call to order the January 7th, 2026.

0:20

Uh hearings before the code enforcement special magistrate.

0:23

The first matter is old business.

0:26

CEBD 24-00524, Mildred H.

0:32

Neary.

0:34

Has anyone signed up to speak?

0:38

We have the respondent present.

0:40

Okay.

0:40

All right, then I'm gonna ask the city to present its case, please.

0:43

Okay.

0:43

Good morning.

0:44

Good morning.

0:45

You could yeah.

0:46

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

0:52

Um we are waiting to see how the I guess the property is going to be transferred out of the current name of the decedent.

1:05

And we're basically nothing has changed.

1:08

Uh no permits in the system.

1:11

Um I guess we're just looking to see once it's transferred out whether they want to demolish or they want to rehab the property at this time.

1:21

Okay, but nothing's changed from our our last hearing October, I think it was October 1st of last year.

1:27

Yeah, for the record, I think it was October 8th.

1:30

Oh so and your honor, just a Darmula.

1:34

I apologize.

1:35

It may have been October 1st.

1:36

The order was October 8th.

1:38

This is the property.

1:39

Um, the it was in probe, it took a while to start probate.

1:43

It's a summary probate for so it's under a thousand dollars.

1:46

So as I recall, there's not they're not gonna be naming a PR on that just because it's essentially just this this property.

1:51

Um they filed a formal petition to declare it homestead to take it out of the probate estate.

1:57

In this one, we we have a list of all possible heirs, and we sent notice to all of them to be here.

2:03

Mr.

2:03

Neary's the son, he's the one who's showed up to all our all our all our hearings on this matter.

2:10

This was and we request and your order was to either obtain permits to either repair or demolish it at that um back uh back in October.

2:19

Right.

2:20

Um at this point, again, nothing's been done, no permits have been pulled.

2:25

Um and my review, my quick review of the again on the probate case, it's we haven't had determinations for homestead property, not or any sort of closing of the any sort of closing of the of the uh probate case.

2:41

Okay.

2:41

Is there a personal representative appointed?

2:43

No, no, just because of the because of the size of the because they have but they haven't done that any they haven't done that okay.

2:59

Did you say that they've done a um there's been no probate filed at all?

3:06

Probate has been opened.

3:07

Okay, they filed a the motion to determine that the this property specifically is homestead and for summary administration of the for the rest of the estate.

3:17

Okay.

3:18

But doesn't there does there have to be a personal representative appointed in this?

3:23

From my limited time with with probate cases, if since it's summary, it's under a thousand dollars.

3:29

They don't need they don't need a PR.

3:30

Okay.

3:31

And now and that's that's why we also took the added step of so I didn't I never expected one to ever be actually put forth in this case to have the letters of administration ever be filed in this matter.

3:42

That's why we also put gave notice to all potential heirs who were listed in the uh in the petition for probate.

3:49

Can you remind me when uh the first notice was provided of a violation in this?

3:55

The first one, let me see here.

3:59

Um the first notice of violation, your honor, was Kim, what was the uh previously notified by mail dated December 17, 2024, February 23rd, 2025, um, June 2nd, 2025, and then our notice of violation was Kim.

4:27

Do you have the 22nd of 2025?

4:30

August 22nd of 2025 was the our formal notice of violation on this matter, and then we continued it and we scheduled it for the September meeting.

4:45

Um, because you had we give we had concerns that we did not there wasn't proper notice to all the parties, right?

4:51

And then we continued it to October and we sent notice to all potential heirs that were listed in the probate case.

5:00

Okay.

5:00

Anything further?

5:02

Nothing further, Your Honor.

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Summary of Proceedings

Code Enforcement Special Magistrate Hearing – January 7, 2026\n\nThe City of Venice Code Enforcement Special Magistrate convened on January 7, 2026 at 10:00 AM to hear one old business case (CEBD24-005) involving a property owned by the estate of Mildred H. Neary. The property has been under a violation order since October 2025, requiring either repair or demolition. Due to ongoing probate proceedings and the absence of a personal representative, no permits have been obtained and no action taken.\n\n### Old Business: CEBD24-005 – Mildred H. Neary\n\nCity Code Enforcement Officer Kimberly Brown presented the case. She noted that the property remains in probate with no personal representative appointed. A formal petition to declare the property homestead has been filed, but the probate case has not closed. The city had sent notice to all potential heirs. The respondent, Mr. Neary (son of the decedent), stated he attempted to apply for permits but was told he is not the legal owner. He has contacted a contractor but is uncertain about his standing. The Special Magistrate expressed frustration with the delay but acknowledged that without a party with legal authority to obtain permits, a finding of violation and fines would be inappropriate.\n\n### Key Outcomes\n\n- The Special Magistrate continued the case to the next hearing on February 4, 2026 at 10:00 AM.\n- The city will contact Attorney Maury (representing the estate) to provide a status update on the probate proceedings for the next hearing.\n- No fines were imposed; the matter remains open pending resolution of the ownership status.

Meeting Transcript

Good morning everyone. Call to order the January 7th, 2026. Uh hearings before the code enforcement special magistrate. The first matter is old business. CEBD 24-00524, Mildred H. Neary. Has anyone signed up to speak? We have the respondent present. Okay. All right, then I'm gonna ask the city to present its case, please. Okay. Good morning. Good morning. You could yeah. Good morning for the record, Kimberly Brown, certified code enforcement officer for the city of Venice. Um we are waiting to see how the I guess the property is going to be transferred out of the current name of the decedent. And we're basically nothing has changed. Uh no permits in the system. Um I guess we're just looking to see once it's transferred out whether they want to demolish or they want to rehab the property at this time. Okay, but nothing's changed from our our last hearing October, I think it was October 1st of last year. Yeah, for the record, I think it was October 8th. Oh so and your honor, just a Darmula. I apologize. It may have been October 1st. The order was October 8th. This is the property. Um, the it was in probe, it took a while to start probate. It's a summary probate for so it's under a thousand dollars. So as I recall, there's not they're not gonna be naming a PR on that just because it's essentially just this this property. Um they filed a formal petition to declare it homestead to take it out of the probate estate. In this one, we we have a list of all possible heirs, and we sent notice to all of them to be here. Mr. Neary's the son, he's the one who's showed up to all our all our all our hearings on this matter. This was and we request and your order was to either obtain permits to either repair or demolish it at that um back uh back in October. Right. Um at this point, again, nothing's been done, no permits have been pulled. Um and my review, my quick review of the again on the probate case, it's we haven't had determinations for homestead property, not or any sort of closing of the any sort of closing of the of the uh probate case. Okay. Is there a personal representative appointed? No, no, just because of the because of the size of the because they have but they haven't done that any they haven't done that okay. Did you say that they've done a um there's been no probate filed at all? Probate has been opened. Okay, they filed a the motion to determine that the this property specifically is homestead and for summary administration of the for the rest of the estate. Okay. But doesn't there does there have to be a personal representative appointed in this? From my limited time with with probate cases, if since it's summary, it's under a thousand dollars. They don't need they don't need a PR. Okay. And now and that's that's why we also took the added step of so I didn't I never expected one to ever be actually put forth in this case to have the letters of administration ever be filed in this matter. That's why we also put gave notice to all potential heirs who were listed in the uh in the petition for probate.

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