Charlotte County magistrate issues compliance orders, stays fines in one case pending appeal

Charlotte County Special Magistrate pro tem Robert Bernsen on July 2, 2025 heard more than two dozen code‑enforcement matters and issued a series of orders requiring property owners to correct violations or face daily fines and possible abatement.

The magistrate continued one contested matter — COD2301923 involving Jensen Inc., 21496 Holdren Avenue — until the September hearing and temporarily stayed the county’s daily fines while a variance appeal is pending. County code officer Jay officer Mansfield testified that plans had been submitted for a permit but could not be issued because a variance had been denied and that a second affidavit of noncompliance had produced a 90‑day fine amounting to $22,520. Respondent representative Carlos Londono said the variance appeal is under review and asked the court to stay fines until the appellate decision. County attorney Brandon Hackworth told the court he had no objection to pausing fines pending the appeal. Magistrate Bernsen said he would continue the matter to September and not issue a fine at this time.

Across the rest of the docket, magistrate orders followed county staff recommendations in most cases. Officer Matthew Greenwood testified in several matters; in COD2402453 (Richard Carpenter, 3006 Sunny Harbor Drive) Greenwood said building work lacked required permits and that a reinspection found the violation remained. Magistrate Bernsen found the violation proven and imposed a one‑day fine of $70, noting the owner may seek reduction by coming into compliance.

In numerous other cases the magistrate found violations proven and set deadlines for compliance with daily fines to follow. Examples include:

- COD24401971 (Alexander Mark, 3151 Bunker Hill Street): unpermitted mobile home on a vacant lot; 30 days to comply and $50 per day thereafter plus a two‑year cease‑and‑desist and abatement authority.

- COD2500583 (Resicar, 1198 March Drive): unpermitted driveway pipe and boat canopy; several items had been removed but yard ornaments on an unimproved lot remained. The magistrate admitted neighbor letters into evidence, found the respondent in repeat zoning violation, issued a two‑year cease‑and‑desist order with abatement authority and gave 30 days to remove remaining items.

- DB2500001 (Paul Lancell — derelict vessel): deputies and county staff described a sunken vessel in Charlotte Harbor that remained derelict; the magistrate adopted the county recommendation giving the owner 21 days from the order to remove the vessel or allow the sheriff’s office to remove and destroy it and recover costs.

- COD2401625 (Ralph Hone / King Tire Service, Tamiami Trail): multiple violations including unpermitted business activity outside of an enclosed building, unpermitted clearing and fill, and outside storage. The county combined related cases and offered photographic evidence; the magistrate found the violations proven and ordered a compliance period (the magistrate set a deadline and reserved the authority to impose fines and abatement for continued noncompliance).

- COD2402397 (Peace River Fox LLC, 3301 Peace River Drive): county staff reported a seawall in disrepair collapsing into a canal and asked the magistrate to update the order to reflect a dangerous condition. Bernsen added the dangerous‑condition language and directed abatement authority, citing the public‑safety risk to navigation.

Most orders included a compliance window of 15–45 days depending on the case, daily fines that ranged from $50 to $500 for repeat or hazardous violations, and repeated use of two‑year cease‑and‑desist orders plus abatement authority where violations persisted. Magistrate Bernsen repeatedly noted that owners may pursue permit remedies and that fines can be reduced if property is brought into compliance.

What the hearing means

The session applied the county’s code-enforcement process across a broad set of property types — residential, manufactured-home lots, commercial parcels and waterways — emphasizing remediation (permits or removal), daily financial penalties for continued noncompliance, and in certain cases abatement for public‑safety hazards. The continued Jensen Inc. matter shows the magistrate is willing to pause fines where an appeal is pending and the county does not object; in other cases, the magistrate enforced deadlines and preserved abatement authority where conditions were hazardous or repeated.

The magistrate closed the hearing after addressing the remaining docket items and adjourned the session.

Quotes

"We will continue this till the September hearing date certain," Magistrate Robert Bernsen said when pausing fines in the Jensen Inc. matter.

"All the briefs have been submitted...I would say in the next month, month and a half," said Carlos Londono, the respondent representative, describing the pending appeal timetable.

"If the vessel has not been removed by the respondent after the 21 days, Charlotte County Sheriff's Office is authorized to remove or cause to remove any derelict vessel from the public waters of the state and destroy said vessel. All costs incurred ... are recoverable against the owner," Magistrate Bernsen recited during the derelict‑vessel matter.

Next steps

Most orders set a deadline for compliance; for cases subject to abatement the county may return to remove noncompliant conditions and recover costs. The Jensen Inc. matter will return in September pending the outcome of the variance appeal.