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Magistrate issues fines and compliance orders in Charlotte County code-enforcement hearing
Summary
At a Dec. 4 special-magistrate hearing, Charlotte County adjudicated dozens of affidavit and first-time code-enforcement cases, issuing fines, compliance deadlines and cease-and-desist orders; several respondents sought more time or cited permit/FEMA complications.
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The Charlotte County special magistrate convened a code-enforcement hearing Dec. 4, 2025, and issued a series of fines and compliance orders across dozens of affidavit and new-business cases, ranging from $70 one-day penalties to $4,520 90‑day ANC fines.
The magistrate opened the hearing at 9 a.m., swore witnesses and said consent-affidavit cases (those previously heard) would be processed first, with new-business matters heard afterward. Officer testimony and photographic evidence were routinely admitted; when respondents were absent the magistrate reviewed affidavits and entered orders based on the record.
Two 90‑day ANC fines of $4,520 were issued in contested matters where officers testified violations persisted. In COD2300579 (owner John Kenneth Horner Sr., 13560 Santa Maria Drive), Charlotte County officer Matthew Greenwood testified a reinspection on 11/10/2025 found violations still present; the magistrate imposed the $4,520 penalty after weighing testimony. In COD2401068 (12602 Chamberlain Blvd.), officer Ballard Canal testified to an unpermitted fence, outside storage and other unresolved violations; respondent Anthony Chisano argued a small removable shade was not a permanent structure but the magistrate found construction occurred and issued a $4,520 order.
Numerous one-day fines ($70 and, in one instance, $120) were entered for affidavit cases when reinspections documented continuing junk-like conditions, parking or unpermitted work. Examples: COD2301877 (Mary Jo Lee Trust / Philip Halcomb) — $70; COD2400303 (Lennon Pinto) — $70 for an after-the-fact remodel permitting issue tied to the county’s 50% FEMA rule; COD2400491 (Stephanie Diaz Sharp) — $70 with magistrate-ordered reinspection and potential case closure if corrected.
Several respondents requested time or raised extenuating circumstances. At CO2402128, Juliana Aquito described rodent infestation, disability and financial hardship after an abatement; the magistrate imposed abatement costs and fines totaling $2,499.57 but encouraged the respondent to coordinate with county staff. At COD2402408 (First Steps Forward LLC, seawall disrepair), property representatives requested 120 days to complete a corrective plan; county staff recommended conditioning any extension on specific milestones, and the magistrate ultimately gave 30 days to comply and warned of $100/day fines thereafter if unresolved.
The magistrate repeatedly advised respondents to communicate with code officers after the hearing to schedule reinspections or to work out permitting and compliance steps. Where respondents provided evidence of corrected conditions (for example, sale or removal of an alleged violating trailer), officers said they would reinspect and close cases when verified.
County staff cited Florida Statute 162 as the service/notice framework several times during proceedings; photographic exhibits and permitting records were regularly offered and admitted into evidence.
The hearing closed after processing the alphabetized consent agenda — many cases were decided on affidavits in respondents’ absence — with the magistrate setting 15–30 day cure periods in most matters, daily fines ranging from $50 to $100 for continuations, and repeat-violation cease-and-desist orders (typically two years, occasionally five) plus abatement costs when applicable. The magistrate adjourned and noted the next scheduled meeting would be in February 2026.
Actions at a glance - COD2300579 (John Kenneth Horner Sr., 13560 Santa Maria Dr.): Order issued; 90‑day ANC fine of $4,520 imposed (Magistrate decision). (See testimony from Matthew Greenwood.) - COD2401068 (Anthony & Josephine Chisano et al., 12602 Chamberlain Blvd.): Order issued; 90‑day ANC fine of $4,520 imposed for unpermitted fence/structures and other violations. - COD2301877 (Mary Jo Lee Trust / Philip Halcomb, 2910th St.): Third ANC 1‑day fine of $70 imposed on affidavit. - COD2400303 (Lennon Pinto, 1475 Flamingo Dr. Unit 385): 1‑day fine of $70 imposed; owner told to coordinate with building department re: permit review and FEMA 50% rule. - COD2400491 (Stephanie Diaz Sharp, 30168 Cedar Rd.): 1‑day fine of $70 issued; reinspection to follow. - CO2402128 (Juliana Aquito, 22433 Lewiston Ave.): Abatement previously performed; magistrate ordered $2,499.57 in abatement costs and fines. - COD2402276 (Michael Terrell & Dominique Esposito, 21434 Michigan Ave.): 1‑day $70 fine for unpermitted driveway interfering with drainage; owner advised to work with inspector. - COD2501014 (Jean Lafitte Blvd., Dee Nguyen): Violations for tree removal/clearing without permit; 30 days to comply or $50/day thereafter. - COD2500729 (Surf Club on the Gulf, 2380 N. Beach Rd.): Right‑of‑way boulders, variance and permit issues; magistrate allowed parties time to pursue proper permitting and ordered compliance timetable. - COD2402408 (First Steps Forward LLC, 18522 Lake Worth Blvd.): Seawall in disrepair; magistrate found violation, 30 days to comply or $100/day thereafter (request for 120 days denied without specific benchmarks). - COD2500891 (Armentrout estate, 15376 Olive Circle): Order issued; 30 days to comply and guidance provided for probate/permit steps. - COD2402572 (1300 Holiday Dr., Michael Garvey): Stop‑work order confirmed; 30 days to bring property into compliance; county to work with owner/attorney to identify required permits. - Dozens of other affidavit cases (letters A–Y): Magistrate reviewed affidavits/photographs, issued cure periods (typically 15–30 days), daily fines ($50–$100) for continued violations, and repeat cease‑and‑desist orders and abatement as appropriate.
What to expect next County code officers will reinspect properties where respondents report corrective action. Respondents seeking more time were advised to provide specific milestones or documentation to the code officer; failure to comply will result in daily fines, abatement and possible liens.
Quotes “On the day he inspected it, it was not in compliance,” the magistrate said about COD2302197, noting a one‑day fine would be imposed for the day of inspection.
“I’m building the house. That’s what I was told to do. And it is being built,” said John Kenneth Horner Sr., who nevertheless faced the $4,520 penalty after the officer’s reinspection.
“I can’t put up a thing… it’s a net to protect them from the sun,” said respondent Anthony Chisano about a shade structure the county classified as an unpermitted fixed structure.
The hearing adjourned with holiday greetings; the magistrate scheduled the next session for February 2026.
