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Magistrate finds multiple hurricane-damaged Charlotte County properties in violation, sets deadlines and fines
Summary
At a special magistrate hearing April 23, Charlotte County ordered dozens of hurricane-damaged properties to obtain permits, begin demolition or repairs, or face fines and possible county-performed abatement. Timeframes ranged from 30 to 120 days depending on permit status and logistical issues such as survey delays on barrier islands.
A Charlotte County special magistrate on April 23 found multiple properties damaged by recent hurricanes in violation of county codes and set deadlines for owners to obtain permits or perform demolition or repairs.
County code compliance officer Gary Rodelhorst presented photographs and permit-history reviews for each case, repeatedly telling the magistrate that “there has been no permit issued for the repair or demolition of the unsafe, dangerous structures.” In response, the magistrate entered orders tailored to each property’s status: owners with permits in review generally received 30 to 60 days to get permits issued and begin work; owners without plans or with more complex logistical needs received longer timelines (up to 120 days). The magistrate warned owners fines would begin if they did not comply: typical fines are $50 per day, rising in some cases to $100 or more for continued noncompliance, and abatement (county-funded demolition with lien placement) was authorized when appropriate. "I'm gonna give you 90 days," the magistrate told one set of owners who said insurance and contractor mobilization were delaying cleanup.
Several permit- and process-related issues recurred during the hearing. Building official Sean McNulty and floodplain staff emphasized that many properties might trigger the ‘‘50% substantial-damage’’ rule, meaning repairs that exceed half the structure’s value must be rebuilt to current code and can change repair options and costs. The magistrate and staff urged owners and contractors to coordinate early with the building department and the floodplain office to avoid spending money on repairs that could later be rendered noncompliant.
The hearing also highlighted county efforts to coordinate with FEMA on demolition assistance on barrier islands. Rodelhorst said the county has been trying to work with FEMA and contractor Tetra Tech to reach owners eligible for demo assistance; several island property owners said they had signed up for or inquired about the program.
Orders entered included specific timeframes and potential fines for noncompliance; the magistrate repeatedly noted abatement was available to the county if owners did not complete required work. The hearing concluded after the magistrate finalized orders on the listed cases and directed staff to prepare final written orders for each property.
