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Record of Proceedings

Venice Special Magistrate Orders $150/Day Fine for Neary Property – June 3, 2026

City Council & BoardsWednesday, June 3, 2026
BodyVenice, Florida
SessionCity Council & Boards
DateWednesday, June 3, 2026
StatusFILED
Video Record
0:00 / 6:19

Transcript — Verbatim
0:41

Yes, we are, Your Honor.

0:42

And uh again, uh Mr.

0:43

Michael Neary is here as well.

0:46

Um we are ready to proceed on this one.

0:48

This has been a long going one.

0:49

We've had an opportunity to speak with Michael, Mr.

0:51

Neary this morning.

0:52

Um, and I'll let him speak for himself, but at least to give your honor, uh, we will be requesting fines be input and put in place.

1:00

However, we based on what Mr.

1:03

Neary has discussed with us, we would not want any fines to start till July 1st, um, because I believe Mr.

1:11

Neary is now working with the contractor to get uh everything corrected, and um so we want to give him we don't want to keep you know continuing it, but at the same time we want to give if it's I think we're closer to resolution finally, uh, and through a through compliance.

1:31

It's probably helpful.

1:33

Okay, sorry.

1:42

Okay.

1:44

Where are we?

1:55

Normally I have everything out.

2:15

Yes.

2:18

I apologize.

2:19

Normally I I have it in my case.

2:22

Oh, sorry about that.

2:28

Let me let me do it.

2:35

Here your Honor, I can I can speak to brief testimony.

2:40

Uh basically this was continued.

2:43

Can you identify yourself for the record?

2:45

Uh James Davis, supervisor of the community resource officers.

2:49

Um this has been continued multiple times.

2:53

Uh the last hearing, uh, myself and Sierra O.

2:58

Brown uh both brought Mr.

3:01

Neary to permitting.

3:03

Uh tried to work out the details with permitting.

3:07

Uh since that time, uh, as of this morning, our last conversation with Mr.

3:11

Neary.

3:12

Um was that he is entering into a contract with an actual contractor.

3:19

Permitting would not allow him to get the permit uh because he did not qualify as an owner builder.

3:26

Um at this time, the house remains in the same condition.

3:30

Uh it hasn't worsened, but it still remains an unsafe property, and this concludes my testimony.

3:36

Okay.

3:37

Um, Mr.

3:38

Neary, do you have any questions of Officer Davis?

3:42

Okay.

3:43

Does the city wish to present anything further?

3:46

Uh the only thing uh does the city have a recommendation for the amounts of fines uh that is seeking here today.

3:55

Sorry.

3:56

What's the recommendation of the amount of fine?

3:58

Uh one fifty, one hundred and fifty dollars.

4:02

And based on the discussion of with Mr.

4:05

Neary and his efforts to bring the property to compliance, when is the property what is the uh date that we are seeking to start in the imposition of fines?

4:16

July first.

4:17

Okay.

4:18

So uh basically our request obvious our imposition, our compliance date would be June 30th, just for the order, but the fines would not start until July first is our record request, Your Honor.

4:29

All right.

4:30

Any questions uh based on that, Mr.

4:32

Neary.

4:33

Is there anything you'd like to say?

4:34

No, sir.

4:35

I weren't as much as anything.

4:37

I know you do.

4:39

All right, uh, then I will conclude this hearing and enter the following order.

4:44

Based on the sworn testimony evidence presented, I find that the respondent has not brought the property into compliance as previously ordered on on October 8, 2025 for the violation of chapter 88 building regulations, section 3.2 responsibilities for residential properties, structures, vacant buildings, a vacate structures, and vacant or unapproved lots of the city code or of ordinances.

5:10

A fine is hereby imposed in the amount of $150 per day, beginning on July 1, 2026, and terminating on the day the property is found to be in compliance by the code enforcement officer.

Discussion Breakdown — Share of Meeting
Pending Litigation█████████████████████████████████████████████57%
Procedural█████████████████████26%
Engineering And Infrastructure█████████████17%
Summary of Proceedings

Special Magistrate Code Enforcement Hearing – June 3, 2026

On Wednesday, June 3, 2026, at 10:00 AM, the City of Venice Special Magistrate convened in Council Chambers to address code enforcement case CEBD24-005. This old business matter involved a property listed under the name Mildred H. Neary, though the respondent appearing was referred to as Michael Neary in the transcript. The hearing resulted in an order imposing a daily fine for continued non-compliance.

Old Business: CEBD24-005

  • The city requested that the Special Magistrate impose fines for failure to bring the property into compliance with City Code Section 3.2 (Responsibilities for Residential Properties).
  • James Davis, supervisor of the community resource officers, testified that the property remained unsafe and in the same condition as prior hearings, though it had not worsened.
  • Davis stated that Michael Neary was entering into a contract with a licensed contractor; the owner had previously been unable to obtain a permit because he did not qualify as an owner-builder.
  • The city recommended a fine of $150 per day, with fines beginning on July 1, 2026, rather than immediately, and requested an effective compliance date of June 30, 2026.
  • The property owner declined to make a statement or ask questions.

Key Outcomes

  • The Special Magistrate found that the respondent had not brought the property into compliance as previously ordered on October 8, 2025.
  • A fine of $150 per day was imposed, beginning July 1, 2026, and continuing until the property is found to be in compliance by the code enforcement officer.
  • In setting the fine, the magistrate considered the gravity of the violation, actions taken to correct it, and any previous violations.
  • The order is to be recorded in the public records of Sarasota County, Florida, and will constitute a lien against the subject property and other real or personal property owned by the respondent.
  • The next Special Magistrate hearing is scheduled for July 1, 2026, at 10:00 AM.

Meeting Transcript

Yes, we are, Your Honor. And uh again, uh Mr. Michael Neary is here as well. Um we are ready to proceed on this one. This has been a long going one. We've had an opportunity to speak with Michael, Mr. Neary this morning. Um, and I'll let him speak for himself, but at least to give your honor, uh, we will be requesting fines be input and put in place. However, we based on what Mr. Neary has discussed with us, we would not want any fines to start till July 1st, um, because I believe Mr. Neary is now working with the contractor to get uh everything corrected, and um so we want to give him we don't want to keep you know continuing it, but at the same time we want to give if it's I think we're closer to resolution finally, uh, and through a through compliance. It's probably helpful. Okay, sorry. Okay. Where are we? Normally I have everything out. Yes. I apologize. Normally I I have it in my case. Oh, sorry about that. Let me let me do it. Here your Honor, I can I can speak to brief testimony. Uh basically this was continued. Can you identify yourself for the record? Uh James Davis, supervisor of the community resource officers. Um this has been continued multiple times. Uh the last hearing, uh, myself and Sierra O. Brown uh both brought Mr. Neary to permitting. Uh tried to work out the details with permitting. Uh since that time, uh, as of this morning, our last conversation with Mr. Neary. Um was that he is entering into a contract with an actual contractor. Permitting would not allow him to get the permit uh because he did not qualify as an owner builder. Um at this time, the house remains in the same condition. Uh it hasn't worsened, but it still remains an unsafe property, and this concludes my testimony. Okay. Um, Mr. Neary, do you have any questions of Officer Davis? Okay. Does the city wish to present anything further? Uh the only thing uh does the city have a recommendation for the amounts of fines uh that is seeking here today. Sorry. What's the recommendation of the amount of fine? Uh one fifty, one hundred and fifty dollars. And based on the discussion of with Mr. Neary and his efforts to bring the property to compliance, when is the property what is the uh date that we are seeking to start in the imposition of fines? July first. Okay. So uh basically our request obvious our imposition, our compliance date would be June 30th, just for the order, but the fines would not start until July first is our record request, Your Honor.

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