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Punta Gorda zoning staff report sharp rise in code cases; board, magistrate and enforcement options discussed

September 12, 2025 | Punta Gorda City, Charlotte County, Florida


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Punta Gorda zoning staff report sharp rise in code cases; board, magistrate and enforcement options discussed
Zoning and code compliance staff presented municipal code statistics and enforcement options at a City Council workshop, reporting a marked increase in case openings for 2025, high voluntary compliance before hearings, and several potential changes to speed or streamline enforcement.

Rachel Berry, the city zoning official, and Nick Wagner, code compliance supervisor, told the council the office opened 771 code cases between Jan. 1, 2025 and the workshop date and had closed 615 of those — a 79.7% closure rate. Berry said 21 of the 771 cases had reached the code enforcement board (about 2.7%); 10 of those had since come into compliance. She said 125 cases opened in 2025 related to dirty or damaged roofs and that staff had issued 17 work orders this year totaling $3,251.40 for emergency maintenance on vacant properties.

Berry reviewed the compliance process the city follows under Punta Gorda code chapter 9A and part of chapter 162 of the Florida Statutes: staff may issue courtesy notices, then a formal notice of violation with a reasonable time to correct; if compliance does not follow, cases can proceed to a hearing where daily fines may be set and a lien recorded. Berry told the council the maximum fine for irreparable or irreversible violations is $5,000 per violation; for other violations the board can impose daily fines up to $250 for a first violation and up to $500 for repeat violations.

Council members and staff discussed options to improve enforcement speed and reduce staff burden. Berry said one option is adopting “shorter timelines” and stricter fines; she warned that tighter deadlines could be hard on residents still recovering from hurricanes or other hardships. Another option discussed was replacing the citizen code enforcement board with a special magistrate (a licensed attorney), which staff said might produce cost savings because the city already pays attorney fees for board meetings. Staff also raised the option of asking the board (or a magistrate) to authorize the city to cure certain violations and place a lien on the property for costs.

Several public commenters raised enforcement challenges that are difficult to handle from the right of way, including deteriorated boat lifts and boats in canals, and a noisy debate followed about whether code staff can use drones to inspect private yards. A police representative said using drones to peer past privacy fences would raise Fourth Amendment concerns, and staff said they rely on complainants or property-owner permission to inspect areas not visible from public property.

The council and staff also discussed the lot‑mowing program for vacant parcels: Berry said 1,300 vacant lots are eligible for the city’s lot‑mowing program, 63 are exempt, and 95.2% of vacant lots are currently on the contracted mowing program. Contracted mowing frequency is up to 17 times per fiscal year with trimming and edging up to four times per year.

Staff said they are coordinating with the city attorney’s office to examine liens and foreclosure options for long‑outstanding cases. Berry said the city has used a phased approach after storms — delaying some enforcement immediately after a hurricane and increasing enforcement timelines as recovery proceeds — and that staff will continue to seek procedural changes for efficiency.

No ordinance changes or formal votes were taken at the workshop; staff were asked to return with cost comparisons and implementation details for options such as a special magistrate.

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