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Record of Proceedings

Special Magistrate Code Enforcement Hearing - May 6, 2026

City Council & BoardsWednesday, May 6, 2026
BodyVenice, Florida
SessionCity Council & Boards
DateWednesday, May 6, 2026
StatusFILED
Video Record
0:00 / 11:35

Transcript — Verbatim
0:16

Thank you.

0:16

Good morning, everyone.

0:18

Call the May 6, 2026 Special Magistrate hearing to order.

0:24

The first item is case number CEBD 24-00524.

0:31

Mildred H.

0:32

Neary.

0:35

Has anyone registered to speak?

0:37

Yes, the respondent is present.

0:39

Mr.

0:39

Neary is present.

0:40

Okay.

0:40

All right, then I'd ask the city to present their case.

0:43

Yes, Your Honor, thank you.

0:44

On this one, uh, just again briefly on the background on it.

0:47

Um the probate case for this property has completed.

0:51

Um there are, if I recall about 16 owners on it.

0:55

Michael Neary is here, he's the son of the deceased.

0:59

Um we've been trying to the city's been trying to work with him in order to get a permit either to repair it, demolish it, what have you.

1:05

That's it, basically to bring it to co-compliance.

1:08

Um the permit with the permitting department, so we're requesting a 30-day continuance to the June 3rd hearing so that we can co-enforcement can meet with um permitting so that we can probably we can appropriately give Mr.

1:28

Neary guidance to get this all resolved, and hopefully it doesn't even have to come back to the June meeting.

1:32

That's our goal is so it doesn't even have to come back.

1:34

Okay.

1:35

Um Mr.

1:36

Near, anything you want to say?

1:38

No, I discussed it, and then I'm ready to go.

1:42

I uh I appreciate you coming back for all these hearings.

1:45

I know it's an inconvenience for you to have to do that, and it's taken a while, but hopefully we'll get this resolved.

1:51

So uh based on the request of the city, then we'll continue this hearing for 30 days to the June 3, 2026 special magistrates hearing at 10 a.m.

2:03

Thank you.

2:04

All right, the next matter is a citation appeal number VPD 26-000625, Nellie O'Brien.

2:14

Um, I believe Miss O'Brien has signed up to speak to correct.

2:19

Yes, she is here.

2:20

Okay.

2:21

Then I'd ask the city to present its case.

2:23

Okay.

2:24

Good morning.

2:25

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

2:30

We're here to talk about the parking citation 26-26874.

2:37

Um, the location will be Centennial Park in the handicap spaces.

2:44

On 318 26, approximately 1523 hours.

2:48

I conducted a parking enforcement inspection of the address and observed the following violations of a blue 2024 Honda CRB, Florida tag 90 boy, boy, Zebra Paul, parked in a marked handicap uh space without a placard uh displayed.

3:09

During the investigation, I took photos of the property on 318.

3:13

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

3:25

Did I do that?

3:27

I'll turn it over.

3:28

Uh there you go.

3:32

Um, you can see the uh the vehicle clearly in the parking space.

3:38

The plate that I just stated.

3:48

And that it's clearly in a handicapped space.

3:58

The photos show the vehicle parked in a handicapped space along the south parking area with no placard displayed.

4:04

I would like to offer the photographs into evidence as city composite exhibit one.

4:10

On uh March 18th, Ms.

4:14

O'Brien paid fees to contest the parking citation.

4:17

Ms.

4:18

Bryan O'Brien emailed photographs that she took for uh of her current handicap placard on the same day as my citation.

4:28

I would like to offer those uh email and photographs into city composite uh exhibit two.

4:37

On the same day near the end of shift, I emailed Ms.

4:40

O'Brien explaining the citation and asking for a conversation about the citation.

4:46

On the March 19th, I called Ms.

Discussion Breakdown — Share of Meeting
Pending Litigation█████████████████████████████████████████████80%
Public Safety███████████20%
Summary of Proceedings

Special Magistrate Code Enforcement Hearing - May 6, 2026

The City of Venice Special Magistrate for Code Enforcement held a hearing on May 6, 2026, at 10:00 AM in Council Chambers. Two matters were addressed: an old business case regarding a residential property and a citation appeal for a parking violation. The hearing concluded with a continuance for the property case and a dismissal of the parking citation.

Old Business

  • Case CEBD24-005 (Mildred H. Neary): The city reported that the probate for the property had completed, with approximately 16 owners. The city requested a 30-day continuance to the June 3, 2026 hearing to coordinate with the permitting department and provide clear guidance to the respondent, Michael Neary (son of the deceased). Mr. Neary stated he had discussed the matter and was ready to proceed. The magistrate granted the continuance to June 3, 2026, at 10:00 AM.

Citation Appeal

  • Case VPD26-00062 (Nellie O'Brien): Code Enforcement Officer Kimberly Brown testified that on March 18, 2026, at approximately 3:23 PM, she observed a blue 2024 Honda CRV (Florida tag 90BZP) parked in a marked handicap space at Centennial Park without a displayed placard. Photos were submitted as evidence. Ms. O'Brien contested the citation and provided photos showing her valid placard had fallen onto the dashboard, obscuring it from view. She explained that the placard had been on the rearview mirror but fell when she placed a box in the car. The officer stated she walked around the vehicle twice but could not see the placard. The city recommended dismissal with the $25 appeal fee forfeited as a zero fine.

Key Outcomes

  • Continuance Granted: The court continued case CEBD24-005 to the June 3, 2026 special magistrate hearing at 10:00 AM.
  • Citation Dismissed: The magistrate found that respondent Nellie O'Brien did not violate Section 70-31(7) of the City Code; the citation was dismissed and the $25 appeal filing fee ordered refunded.
  • Next Hearing: The next special magistrate hearing is scheduled for June 3, 2026, at 10:00 AM.

Meeting Transcript

Thank you. Good morning, everyone. Call the May 6, 2026 Special Magistrate hearing to order. The first item is case number CEBD 24-00524. Mildred H. Neary. Has anyone registered to speak? Yes, the respondent is present. Mr. Neary is present. Okay. All right, then I'd ask the city to present their case. Yes, Your Honor, thank you. On this one, uh, just again briefly on the background on it. Um the probate case for this property has completed. Um there are, if I recall about 16 owners on it. Michael Neary is here, he's the son of the deceased. Um we've been trying to the city's been trying to work with him in order to get a permit either to repair it, demolish it, what have you. That's it, basically to bring it to co-compliance. Um the permit with the permitting department, so we're requesting a 30-day continuance to the June 3rd hearing so that we can co-enforcement can meet with um permitting so that we can probably we can appropriately give Mr. Neary guidance to get this all resolved, and hopefully it doesn't even have to come back to the June meeting. That's our goal is so it doesn't even have to come back. Okay. Um Mr. Near, anything you want to say? No, I discussed it, and then I'm ready to go. I uh I appreciate you coming back for all these hearings. I know it's an inconvenience for you to have to do that, and it's taken a while, but hopefully we'll get this resolved. So uh based on the request of the city, then we'll continue this hearing for 30 days to the June 3, 2026 special magistrates hearing at 10 a.m. Thank you. All right, the next matter is a citation appeal number VPD 26-000625, Nellie O'Brien. Um, I believe Miss O'Brien has signed up to speak to correct. Yes, she is here. Okay. Then I'd ask the city to present its case. Okay. Good morning. For the record, Kimberly Brown, certified code enforcement officer for the city of Venice. We're here to talk about the parking citation 26-26874. Um, the location will be Centennial Park in the handicap spaces. On 318 26, approximately 1523 hours. I conducted a parking enforcement inspection of the address and observed the following violations of a blue 2024 Honda CRB, Florida tag 90 boy, boy, Zebra Paul, parked in a marked handicap uh space without a placard uh displayed. During the investigation, I took photos of the property on 318. These photos fairly and accurately represent the depiction of what I observed. Did I do that? I'll turn it over. Uh there you go. Um, you can see the uh the vehicle clearly in the parking space. The plate that I just stated. And that it's clearly in a handicapped space.

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