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Punta Gorda code board imposes $6,200 fine on trustee for prolonged noncompliance at Toulouse Drive property
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Summary
The board found trustee Bonnie S. Jacobs in noncompliance with a January order for roof and pool-enclosure repairs at 551 Toulouse Drive, imposed a $6,200 fine representing $100/day for 62 days, plus interest, and required payment of $91.80 in case costs.
The Punta Gorda Code Enforcement Board on March 25 found the respondent for case no. 24-86598, listed as Bonnie S. Jacobs, trustee, in violation of a prior compliance order for the property at 551 Toulouse Drive and imposed a monetary fine and case costs.
Code compliance officer Meredith Ocktenberg told the board that the code enforcement board had issued a compliance order on Jan. 22 requiring the roof be maintained free of dirt or mold and the pool enclosure repaired or replaced within 30 days. Ocktenberg testified her reinspection on March 7 and again on March 25 found the roof had not been maintained free from dirt or mold and the pool enclosure had not been repaired, leaving the property in noncompliance for 62 days. She submitted 10 photos and an invoice documenting unpaid case costs.
After discussion about service and postings, the board voted to find the respondent in violation of Punta Gorda Code chapter 26, section 8.11(a) and section 8.11(b). The board imposed a fine of $6,200, representing $100 per day for 62 days of noncompliance from Jan. 23, 2025, to March 25, 2025, plus applicable interest at 9.5% per annum; the fine will continue to run until the respondent comes into compliance. The board also ordered payment of unpaid case costs of $59.14 plus additional costs of $32.66, for a total of $91.80, to be paid within 30 days.
Board members and the attorney discussed notice and service: several mailed notices were returned undelivered and postings at the property appeared to have been removed in some photos. Board attorney Daniel Lewis said the city met the statutory requirements for notice by mailing and posting at the property and at City Hall Annex, and that the board should exercise discretion when setting fines given uncertainties such as occupancy and prior compliance history. Members raised safety concerns about the missing pool screening but staff said the current proceeding addressed aesthetic and maintenance code provisions rather than separate pool-safety codes.
The board record shows a motion and second to impose the fine and costs; the motion carried. The board cautioned that continued noncompliance could result in maximum daily fines up to $250 per day plus interest.
