Venice magistrate continues code-enforcement case tied to Neary estate to Feb. 4

A Venice code enforcement special magistrate on Jan. 7 continued a long-running enforcement matter tied to the estate of Mildred H. Neary to Feb. 4, 2026, saying the city lacked a clear party authorized to obtain permits or undertake repairs.

Kimberly Brown, a certified code enforcement officer for the City of Venice, told the hearing that "nothing has changed. No permits in the system," and that the city was "waiting to see how the property is gonna be transferred out of the current name of the decedent." Brown said the city needed the ownership records updated so the new owners could seek permits to either demolish or rehabilitate the building.

The property is in probate and a petition to declare it homestead was filed, according to a city representative who explained that the case had multiple potential heirs notified. The representative said the city sent prior notices dated 12/17/2024, 02/23/2025 and 06/02/2025 and issued a formal notice of violation on 08/22/2025; the matter was continued previously to ensure proper notice to all potential heirs.

John Turner, who identified himself in the hearing, said he "tried to file the for the permits, and I was told I'm not the legal owner, so I couldn't," and added he had spoken with attorney Mowery and had contacted a contractor. Turner said relatives — "15 people involved, 16 people involved" — had not yet responded to the probate paperwork.

The Special Magistrate said enforcement was constrained without a designated personal representative or an updated ownership record. "I don't think there's a willful violation because there's no party who has the authority to get a permit," the magistrate said, and asked that attorney Mowery either attend or submit a status update for the next hearing.

The magistrate entered an order continuing the case to the next scheduled hearing on Feb. 4, 2026, at 10 a.m. and adjourned the session.