Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rv Temporary Occupancy topic
No spam. Unsubscribe anytime.
Hearing officer enters $70 affidavit against Port Charlotte RV resident, clarifies governor's storm guidance doesn't override setbacks
Summary
A Port Charlotte homeowner who told the magistrate he is living in an RV after Hurricane Ian was assessed a one‑day $70 affidavit of noncompliance. He cited the governor's post‑storm guidance allowing temporary occupancy, but the hearing officer said those orders do not supersede local zoning setbacks and set a 90‑day reinspection.
The hearing officer found that the property at 1550 Harmony Drive remained out of compliance with a prior magistrate order and entered a one‑day affidavit of noncompliance for $70.
Respondent Dale E. Smith told the magistrate he has been living in an RV and cited post‑storm guidance issued by the governor, saying he believed he could remain in the unit until Sept. 22. The magistrate responded that the governor's emergency guidance does not erase local zoning rules and setbacks and therefore does not automatically allow placement of an RV in the front yard beyond what local code permits.
Officer Tracy Jewell presented reinspection photos showing the RV extending into the right of way and said the county still considered the property in violation of the August 2024 order. The magistrate outlined options: finish the driveway permit and move the RV into setback compliance; allow fines to accrue and, after removal, apply for the county's lien‑relief program; or pursue other remedial measures. The magistrate advised, "If your intention is to remove it, you'll save a lot of time and energy by leaving it, letting the fines accrue, and coming into compliance when you're ready."
The magistrate set a reinspection 90 days from the order; if the RV remains in violation thereafter the county may impose higher fines or remove the unit at the owner’s cost.
