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Punta Gorda board finds repeat outside‑storage violation at 1601 Via Bianca but waives fine, orders $28.53 costs
Summary
The Punta Gorda Code Enforcement Board found a repeat violation of outside storage at 1601 Via Bianca (case 25‑88136) but declined to impose a monetary fine, instead ordering the respondents to pay $28.53 in case costs within 30 days.
The Punta Gorda Code Enforcement Board on June 25 found that respondents Robert and Jennifer Baer committed a repeat violation of Punta Gorda Code Chapter 9, Section 9‑2(a) for outside storage at 1601 Via Bianca (case 25‑88136) but ordered no fine and required payment of $28.53 in case costs within 30 days.
The board’s determination followed testimony from Meredith Akdenberg, code compliance officer for the City of Punta Gorda, who said her inspection on May 12, 2025 found cardboard boxes on the left side of the house and that the property was noncompliant from May 12 to June 4, 2025 — a 21‑day period. Akdenberg testified that notices were mailed May 14 and received by the respondents on May 29 and that the property was in compliance when reinspected on June 24. Akdenberg identified the repeat violation as a breach of the prior compliance order and cease‑and‑desist issued by the board on Nov. 27, 2024.
Board members noted the case history: the board’s November 2024 compliance order, a subsequent penalty imposed in February 2025 totaling $590 (a $10‑per‑day fine for 59 days) and payment of past fines. At the June 25 hearing, the board weighed evidence about when the respondents knew of the violation; members said the provable period when the homeowner knew of the violation began on May 29, when the certified notice was received, and ended on June 4 when the property was observed in compliance.
Respondent Robert Baer, sworn and testifying, described personal circumstances and the presence of boxes: he said he and his wife are separated and that some boxes were staged for moving and to help others. Baer told the board, “In 5 minutes those boxes were gone,” saying he removed, flattened or otherwise redistributed about 20 boxes within minutes of learning of the complaint.
After discussion, a board member moved to find a repeat violation for the 21‑day period from May 12, 2025 to June 4, 2025, and to order payment of case costs. The motion included a recommendation of no additional fine. The motion carried on a voice vote. The chair read the board’s ruling: the respondents were found in violation of the compliance order, no fine would be imposed, and the respondents were ordered to pay $28.53 in case costs within 30 days.
Board members and staff flagged neighborhood pressure and repeated citizen complaints as context: officers said neighbors across the canal had repeatedly reported issues at the property. The board discussed uncertainty about whether the respondent had actual notice of noncompliance before May 29; that uncertainty was cited as a factor in declining to levy a new fine.
Board attorney Dan Lewis told the respondent that the right to appeal an order is 30 days from entry of the order and that appeal language is included in board orders. The board also reminded the respondent that the earlier compliance order remains in effect.
The board’s action resolves the June hearing by finding a repeat violation but imposing only the measured administrative case cost assessed by city staff.
