Magistrate imposes daily fines after property owner files permit application but no permits issued

A City of Venice special magistrate on March 5 found Arthur J. McCaffrey out of compliance with a prior January order requiring building permits for structures at 713 and 717 Groveland and imposed daily fines for both cases after McCaffrey did not have issued permits before the hearing.

Jim Davis, community resource office supervisor, told the magistrate the city checked records and found no permits had been issued for the garage structures at the rear of the properties. The magistrate recited an earlier order dated Jan. 13, 2025 that required the respondent to obtain permits to repair or demolish the structures on or before March 4, 2025.

McCaffrey told the court he had applied for a permit that morning and said he had received what staff described as a permit number; building official Derek Applegate said the city had received applications but had not issued permits. Applegate explained that submitted applications remain in "applied" status until the applicant provides required construction plans and documentation and the city completes its review.

The magistrate imposed a $250-per-day fine for case CEBD24454 beginning March 5, 2025, and a $150-per-day fine for case CEBD24259 beginning March 5, 2025; both fines will terminate when the property is found to be in compliance or upon issuance of the required permit, the magistrate said. The magistrate stated that certified copies of the orders would be recorded in the public records of Sarasota County and that the recorded orders would constitute liens against the subject properties and other real or personal property owned by McCaffrey.

McCaffrey told the magistrate he believed he had complied by filing the application that morning and asked how long the city's review would take; Applegate said further documentation and construction plans would be required before permits could be issued. The magistrate emphasized that the prior order required an issued permit, not just an application, and noted McCaffrey could return after compliance to ask for a reduction of fines.

The magistrate closed the hearing, left the fines in place and scheduled review of the matter under the city's enforcement rules; the next magistrate hearing date cited later in the session was May 7, 2025 at 10:00 a.m.