Magistrate issues fines, compliance deadlines and cease‑and‑desist orders in Charlotte County code‑enforcement hearing

Charlotte County Special Magistrate Derek Rooney issued findings of violation, compliance deadlines and fines in a bulk code‑enforcement hearing Tuesday, Sept. 3, resolving more than two dozen cases involving fences, unpermitted structures, outdoor storage and storm damage.

Why it matters: The magistrate’s orders set deadlines owners must meet to avoid daily fines and potential county abatement, and many orders include two‑year cease‑and‑desist provisions to prevent repeat problems. The hearing also reiterated that active permitting can halt the accrual of fines in many storm‑damage matters.

Votes at a glance (selected cases and outcomes) - COD2402008 (20322 Emerald Ave; Pablo/ Theresa Diaz / Joyce Lane): Finding of violation for a six‑foot privacy fence with unfinished side outward; 15 days to comply, $50/day thereafter; issuance of a two‑year cease‑and‑desist for repeat violation and abatement costs. County composite exhibits (photographs) admitted. Joyce Lane testified she has largely covered the exposed side and asked for time; magistrate ordered the 15‑day reinspection.

- COD25001030 (7701 Riverside Dr; William H. Turner): Unpermitted shed; magistrate found violation, 30 days to obtain permit or remove structure, $50/day thereafter.

- COD2302239 (10091 Topsail Ave; Alexander B. Leslie III): Unpermitted shipping container and later-added fence; magistrate found violation, 30 days to come into compliance or $50/day fine thereafter; shipping‑container permit still under review.

- COD2501239 (22303 Augusta Ave; Patricia Green): Outside storage and “jungle‑like” conditions; owner absent; magistrate found violation, 15 days to comply or $50/day thereafter; two‑year cease‑and‑desist and abatement costs if county must clean up.

- COD2500234 (12196/12204 North Access Rd; Jeffrey A. Bizgrove Trustee / Marcelli Enterprise): Outdoor storage and prohibited uses on vacant lot; magistrate found violation, 30 days to comply or $100/day thereafter; two‑year cease‑and‑desist and abatement costs.

- COD24‑00440 (5915 Sablewood Dr; Mr. Roy): Affidavit of noncompliance (repeat fines from prior order). Owner described health limitations; magistrate waived the immediate 1‑day fine and granted 90 days before county reinspection.

- COD2200632 (4535 Nutsedge Rd; Pedro Lopez Santiago): Second affidavit of noncompliance—90‑day fine in the amount of $4,520 was entered; magistrate said reinspection would occur in 90 days and fines could be reduced after compliance or demolition/permit action.

- COD230315 (4273 Nettle Rd; James & Rita Goodwin): Junk‑like conditions / MHC prohibited use; magistrate found violation, imposed a one‑day fine (to be followed by a two‑year cease‑and‑desist) and encouraged the owner to work with officers to document cleanup for a future reduction.

- COD2400155 (20348 Quezada Ave; Evelyn Meladin Bustanera a/k/a Evelyn Lindsey): Second affidavit noncompliance ($4,520); magistrate entered the fine, but said the owner may seek reduction once officer reinspects and confirms cleanup.

- COD2401280 (multiple South Access Rd addresses; Marcelli Enterprise, Inc.): Third affidavit noncompliance—short daily fine entered ($520 per the record, with prior larger fines possible); the company said permits had been submitted and the magistrate said active permits will abate fines while work proceeds.

- COD2500830 (12860/12864 Wilmington Blvd; Florida Lawn Care Experts LLC): County alleged outside storage and commercial use in a CG zone; magistrate entered violation and, at the county’s request, allowed 90 days to remove outside storage and vehicles.

- COD2501055 (17542 O’Hara Dr; Sean Cahill): Mulch/debris in canal; owner absent; magistrate found violation, 30 days to comply or $50/day thereafter.

- COD2501070 (6235 Strauss Blvd; Daniel Jonathan Ackerman): Outside storage on undeveloped lot; magistrate found violation, 30 days to comply, $50/day thereafter; two‑year cease‑and‑desist and abatement authorized.

- COD2501107 (7357 Strauss Blvd; Henry Ureta Guerilla): Outside storage and heavy debris; magistrate found violation, 15 days to comply or $50/day thereafter and two‑year cease‑and‑desist.

- COD2501242 (3730 Gulf Breeze Ln; Amy Watson): Outside storage including appliances, boat on ground and trailer in yard; magistrate found violation, 15 days to comply or $50/day thereafter and two‑year cease‑and‑desist.

- COD2400303 (1475 Flamingo Dr Unit 385; Lennon Pinto): Unpermitted remodel/addition; magistrate found violation and ordered 30 days to obtain permits or $50/day thereafter.

- COD2401781 (2726 North Beach Rd; Coastal Mountain Home Buyers LLC): Unpermitted windows/doors and additional storm damage; magistrate found violation, 30 days to comply and set $100/day thereafter in consideration of the extent of damage and outstanding permit work.

- COD2402122 (145 Ingram Blvd; Leonard Lugo Diego): Abandoned construction site, high grass and junk‑like conditions; magistrate found violation, 30 days to comply or $50/day thereafter and two‑year cease‑and‑desist.

- COD2500916 (3174 Quail Ct; Iveca Cindric): Mobile home in disrepair, outside storage and high grass; magistrate found violation, 30 days to comply or $50/day thereafter and two‑year cease‑and‑desist.

- COD2500986 (3072 St. James St; Rabia Dhar): Outside storage and junk‑like conditions; magistrate found violation, 15 days to comply or $50/day thereafter and two‑year cease‑and‑desist.

- COD2501262 (415 Palmetto Dr; Christopher [last name not specified in transcript]): Roof storm damage from Ian; magistrate found violation, 30 days to obtain repairs/permits or $50/day thereafter.

- COD2401214 (22220 Felton Ave; Roxanne Arnold): Unpermitted addition; magistrate found violation, 30 days to obtain permits or $50/day thereafter.

A number of other cases on the consent portion of the agenda were signed or continued in the absence of respondents.

What officers and magistrate said: County officers repeatedly offered photographic exhibits and permit histories as evidence; magistrate Rooney routinely entered findings when respondents did not appear or the county’s evidence showed no active permit. In cases where respondents showed progress or had active permits pending, magistrate Rooney either set a compliance deadline and left the door open for fines to be reduced after confirmed compliance or—if the respondent showed documentation of permit activity—said fines would abate while permitting proceeded.

Ending: Parties were instructed to use permitting and direct communication with code officers to demonstrate progress. Officers repeatedly told respondents that once permits are active and work is proceeding, fines generally will stop accruing; if the county must perform abatement, costs will be added to fines.