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Record of Proceedings

City of Venice Special Magistrate for Code Enforcement Meeting – September 2, 2026

City Council & BoardsWednesday, September 2, 2026
BodyVenice, Florida
SessionCity Council & Boards
DateWednesday, September 2, 2026
StatusFILED
Video Record
0:00 / 30:02

Transcript — Verbatim
0:18

Good morning everyone.

0:20

We'll call to order today's code enforcement special magistrate hearing.

0:24

The first item on the list is CESW 26-00101 Hawks Run Development LLC.

0:33

Has anyone signed up to speak?

0:36

We do not have the respondent present.

0:38

Okay.

0:40

Mr.

0:40

Lewis.

0:41

Yes.

0:41

This is a second return hearing in retard in regards to compliance in issuing an order.

1:04

All right.

1:05

Good morning, Your Honor.

1:07

For the record, Mike Houghton City of Venice Code Enforcement.

1:09

I'm standing in for David Lipper, who is the primary officer on this case.

1:29

Noncompliance or paperwork was filed, sent out to them by email, certified mail, and register uh regular mail.

1:38

So they have been notified that they're noncompliant.

1:40

I have three pictures I could show you that I took this morning.

1:44

Okay.

1:53

This is just one of them.

1:54

You can see that the area is still filled with cattails.

2:02

This is the second area.

2:08

And this is the third area.

2:17

So admitted.

2:19

At this point, I have nothing further.

2:20

I just would like to uh ask that your honor find them in violation and start the fine of 250 per day from August 1st.

2:29

Very well.

2:29

Okay.

2:30

And just a few follow-up uh questions.

2:31

So we the city has attempted to communicate with the property owners in this matter, correct?

2:36

That's correct.

2:37

And we've heard nothing from them.

2:39

There has been no reply.

2:40

Okay.

2:41

Um and this is not the first time that Hawks Run has been fined by this uh by the magistrate as well, correct?

2:48

That's correct.

2:48

I believe this is actually the third.

2:51

This would be the third time.

2:53

Yes.

2:53

Okay.

2:54

I have nothing further for the city, but I do have city engineering just to kind of if your honor wants to hear more about in regards to your case.

3:00

Okay.

3:00

Then I'll just go.

3:01

Kevin.

3:11

Okay.

3:13

Kevin, if you could please introduce yourself to the court.

3:15

Good morning, Your Honor.

3:16

Good morning.

3:17

Kevin Barrett, City Engineer, or City Inspector.

3:20

Strongwater.

3:21

And sir, you had an opportunity.

3:24

You previously testified at the first hearing for this matter, correct?

3:26

Yes.

3:27

Okay.

3:28

And you inspected the that property at that time, correct?

3:30

I did.

3:31

Okay.

3:31

And has there been any change to the city's previous testimony?

3:34

Has there been any change since that?

3:36

Nothing.

3:37

Okay.

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure█████████████████████████████████████████████89%
Procedural██████11%
Summary of Proceedings

City of Venice Special Magistrate for Code Enforcement Meeting – September 2, 2026

The City of Venice Special Magistrate for Code Enforcement convened on Wednesday, September 2, 2026, at 10:00 AM in Council Chambers at 401 West Venice Avenue. The agenda included one old-business compliance hearing and one new-business citation. The magistrate imposed a $250-per-day fine in the Hawks Run Development LLC case and assessed a $2,000 penalty plus fees against contractor Scott Tyler Good. The next special magistrate hearing was scheduled for Wednesday, October 7, 2026, at 10:00 AM.

Old Business: CESW26-001 – Hawks Run Development LLC

  • Respondent Hawks Run Development LLC did not appear. Code Enforcement Officer Mike Houghton, standing in for primary officer David Lipper, said noncompliance paperwork was sent by email, certified mail, and regular mail. He presented three photos taken that morning showing cattails still filling the area and asked the magistrate to find the respondent in violation and start a $250-per-day fine from August 1, 2026.
  • The magistrate noted this was the third time Hawks Run had been before the code enforcement magistrate. City inspector/engineer Kevin Barrett, who testified at the first hearing, said nothing had changed. He testified that overgrowth reduces water flow into the retention area, could affect stormwater retention, could cause water to back up into the condo association area, and could back up onto public roads; he added that recent rain made cleanup more difficult.
  • The city explained that a repeat-violator fine enhancement was not available because the prior violations were for a different violation, such as unlawful accumulation, rather than the specific stormwater violation at issue.
  • The magistrate found the property not in compliance with the July 1, 2026 order for violations of Sections 62-1 and 74-297 of the City Code. He imposed a fine of $250 per day beginning August 1, 2026, terminating when the code enforcement officer finds the property in compliance. He ordered a certified copy of the order recorded in Sarasota County public records, constituting a lien against the subject property and any other real or personal property owned by the respondent. He stated he considered the gravity of the violation, actions taken to correct it, and previous violations.

New Business: CEBD26-001 – Scott Tyler Good

  • Officer Jose Luna, a community resource officer assigned to the Venice Police Department, testified that on May 29, 2026, he responded to 42 Pine Road, a city-owned municipal home park, and found drywall screwed to studs and taped while the building permit was still under review. Good had been cited for working without a permit at the same property on April 22, 2026, and that fine was paid. Luna issued a second citation for construction without a permit, a violation of Section 88-2.2.1, classified as a class three offense with a $2,000 penalty. A stop-work order label had been affixed on April 22.
  • Building Official Derrick Applegate testified that the work, which appeared to convert or enclose a non-habitable space into habitable space, required an approved building permit and also planning and zoning review to ensure land-use compliance. He considered working without a permit a standalone violation.
  • In rebuttal, Officer Luna denied giving Good permission to install drywall. He testified that during a follow-up about a week or two before May 29, he told Good he could cover open areas from the elements with temporary materials such as a tarp or plastic, but not with permanent construction, and he did not authorize drywall or specify materials. He added that only the building official could authorize such work.
  • Respondent Scott Tyler Good, who said he had 25 to 27 years of contracting experience, testified that he admitted starting work without a permit. He said he was waiting for engineering and zoning approval and that Officer Luna had verbally told him he could cover open wall and attic space to keep birds, rats, and a raccoon out of the homeowner's trailer. Good said no one told him which material to use, so he used moisture-barrier drywall. He stated the permit was issued the next day and the project is now finished and ready for inspection. He also said he accepted a $1,500 fine for the first offense and expressed frustration over the communication between Officer Luna and Luna's supervisor.
  • The magistrate told Good that he should have followed up by asking what material he could use and that he should have been more careful after already being fined once. The magistrate found Good violated Section 88-2.2.1, ordered forfeiture of the $25 appeal/filing fee, and assessed a $2,000 civil penalty plus a $500 contested fee and recording fee if not paid within 10 days.

Key Outcomes

  • CESW26-001: Violation of Sections 62-1 and 74-297 found; $250-per-day fine from August 1, 2026, until compliance; order to be recorded as a lien in Sarasota County.
  • CEBD26-001: Violation of Section 88-2.2.1 found; $2,000 civil penalty, $500 contested fee, recording fee, and forfeiture of the $25 filing fee, payable within 10 days.
  • The next Special Magistrate for Code Enforcement hearing is scheduled for Wednesday, October 7, 2026, at 10:00 AM.

Meeting Transcript

Good morning everyone. We'll call to order today's code enforcement special magistrate hearing. The first item on the list is CESW 26-00101 Hawks Run Development LLC. Has anyone signed up to speak? We do not have the respondent present. Okay. Mr. Lewis. Yes. This is a second return hearing in retard in regards to compliance in issuing an order. All right. Good morning, Your Honor. For the record, Mike Houghton City of Venice Code Enforcement. I'm standing in for David Lipper, who is the primary officer on this case. Noncompliance or paperwork was filed, sent out to them by email, certified mail, and register uh regular mail. So they have been notified that they're noncompliant. I have three pictures I could show you that I took this morning. Okay. This is just one of them. You can see that the area is still filled with cattails. This is the second area. And this is the third area. So admitted. At this point, I have nothing further. I just would like to uh ask that your honor find them in violation and start the fine of 250 per day from August 1st. Very well. Okay. And just a few follow-up uh questions. So we the city has attempted to communicate with the property owners in this matter, correct? That's correct. And we've heard nothing from them. There has been no reply. Okay. Um and this is not the first time that Hawks Run has been fined by this uh by the magistrate as well, correct? That's correct. I believe this is actually the third. This would be the third time. Yes. Okay. I have nothing further for the city, but I do have city engineering just to kind of if your honor wants to hear more about in regards to your case. Okay. Then I'll just go. Kevin. Okay. Kevin, if you could please introduce yourself to the court. Good morning, Your Honor. Good morning. Kevin Barrett, City Engineer, or City Inspector. Strongwater. And sir, you had an opportunity.

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