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Code board orders owner at 226 Tamiami Trail to obtain permit or face fines after unpermitted wall installed
Summary
The Code Enforcement Board found that a wall was installed at 226 Tamiami Trail without required permits, issued a cease‑and‑desist and ordered compliance within 15 days and payment of $26.52 in case costs.
The Punta Gorda Code Enforcement Board on June 24 found that work at 226 Tamiami Trail, owned by Puntamal LLC, was performed without required permits in violation of Punta Gorda Code Chapter 26 (sections 1.1, 1.4 and 1.5). The board issued a cease‑and‑desist order, required the respondent to bring the property into compliance within 15 days of receipt of the order and to pay case costs of $26.52 within 15 days, and warned that failure to comply could result in fines up to $250 per day plus interest.
Barry Manning, plans examiner and building inspector, said an inspection on Dec. 5, 2024 found work had commenced without a building permit; staff later posted a stop‑work notice and a hearing notice. Manning described a wall that separates a flood‑affected dining area from a walk‑in area — a wall installed after the hurricane — and said he had been unable to verify whether the wall is load‑bearing because the door was not opened for inspection; the business at the property remains operating.
Staff and board members discussed whether the owner or a lessee performed the unpermitted work; enforcement is aimed at the property owner unless proof shows otherwise. Building‑department staff said a permit could be processed quickly if an applicant files in good faith — one staffer estimated 3–4 days for review and another noted an emergency/hurricane permit could be issued in one day.
Board counsel and staff discussed the legal posture: staff characterized the condition as causing "irreparable harm" to the regulatory scheme if left unaddressed, and the board determined the city established a prima facie case of permit violations. After discussion a motion carried to find violations of Chapter 26 sections cited and to require compliance within 15 days.
The order requires the owner to either obtain after‑the‑fact permits sufficient for inspection and approval or otherwise remediate the unpermitted construction; staff will monitor compliance and may escalate to fines if the owner does not act.
