Venice continues unsafe-structure case for Neary property as probate proceeds

The City of Venice continued a code enforcement hearing on Sept. 3, 2025 involving a property tied to Mildred H. Neary after city staff said the property is in severe disrepair and ownership is unresolved because probate is incomplete.

Kimberly Brown, a certified code enforcement officer, testified that she inspected the property on Oct. 25, 2024 and documented a hole in the roof exposing rafters and plywood, a collapsed front eave and porch, siding detached and interior exposure. Brown said a blue tarp and temporary wood had been placed over portions of the damage but that, as of the morning of the hearing, no permits had been applied for and the structure remained in disrepair.

Michael Neary, who identified himself as the son of the owner, told the magistrate that probate had not been completed after his mother's death in February 2015 and that he had recently reopened probate because an heir had been omitted. He said an attorney was involved and that the family anticipated the probate filing would be resolved quickly.

City staff said they had mailed multiple courtesy letters and, after inspection and review by the building inspector who called the house an unsafe structure, posted notice and sent certified notices when no response was received. The city's position was that a personal representative is needed to request permits or authorize repairs; without that, the city cannot allow a third party to pull permits on the property.

Given the unresolved ownership and the building inspector's determination that the house may be unsafe, the magistrate continued the matter to the Oct. 1, 2025 Special Magistrate hearing at 10 a.m. so the parties could pursue appointment of a personal representative and provide the city with documentation allowing repairs or demolition to proceed if warranted.