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Alachua County special magistrate hears multiple code-enforcement cases; compliance deadlines set

Alachua County Code Enforcement Special Magistrate · November 7, 2024
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Summary

At the November 2024 Alachua County Code Enforcement Special Magistrate hearing, the magistrate reviewed multiple property code violations across the county, set or confirmed compliance deadlines (including a 90-day deadline in one case), accepted some affidavits of compliance and left final orders to be mailed to respondents.

The Alachua County Code Enforcement Special Magistrate convened its November 2024 hearing to consider alleged violations at properties across the county, including unpermitted structures, accumulation of junk, parking of trucks and recreational-vehicle occupancy. The magistrate outlined the hearing process and had witnesses sworn before hearing testimony from county staff and property owners.

The county’s senior assistant county attorney, Diana Johnson, and Code Officer Kelly Poirier presented the cases. For the property at 5815 North County Road 225, county officials said a pole barn and multiple sheds were constructed without a building permit in violation of Alachua County Land Development Regulation §402.14(b). ‘‘The county’s recommendation was 60 days to obtain a permit or remove the unpermitted structure, otherwise $100 per day in fines,’’ said Diana Johnson. County staff said the county had incurred $420 in costs for that enforcement action.

Respondent David Tednominek, who identified himself as owner of Gainesville Large Dog Rescue, told the magistrate that contractors withdrew after recent hurricanes and that electrical work on the smaller sheds had been corrected. He said he had a contractor scheduled ‘‘this Saturday’’ to remove the pole barn and expected to complete corrective work within 30 days but asked for more time because of hurricane-related delays. The building official, Dan Gargas, told the magistrate the pole barn was closer than the required 40-foot setback and that several sheds and electrical connections also required permitting or permanent wiring.

The magistrate, noting the respondent’s stated efforts and the county’s lack of objection, gave the respondent 90 days to come into compliance and said a written order would follow by mail.

At 1410 Northeast County Road 219A in Hawthorne, Code Officer Poirier reported more than 10,000 pounds of concrete stored on private property and cited Alachua County Code §74.2(c) (construction debris/junk). The county sought 30 days to remove the material or fines of $75 per day plus $350 in costs. Respondent Bill Barnes said the concrete material was reusable and had been moved and screened from view; he said poor access when the land was waterlogged and earlier notice sent to a different address delayed action. The county advised Barnes that he might need a permit from Public Works depending on how and where he planned to reuse the material. The magistrate granted 60 days for resolution with coordination with county staff.

At 19705 Northeast 22nd Lane in Hawthorne, the magistrate heard from Linda Casoff, who said her daughter and a farmhand live at the property and that they had brought a dumpster and largely cleaned the site. The county cited accumulation of junk (§74.2(a)) and parking of trucks/RVs (LDR §404.82.0.5). Poirier said the mobile home may be allowed in that agricultural zoning if it is not inhabited and not connected to septic; the magistrate gave the respondent 30 days to finalize the cleanup and to arrange on-site verification with the inspector.

Several older matters were also before the magistrate. Florida International Associates (SM24-015) has partly complied with parking violations but, per county counsel, still owes removal of junk and compliance for unpermitted improvements; the county requested fines accrue at $100 per day and authority to record a lien if noncompliance continues. Timothy Michael Paletti, the company’s CEO, asked the magistrate to close the case and waive fines, saying community service teams had worked on the property; the magistrate instructed the parties to coordinate on a site inspection to identify outstanding items.

In another matter at 7723 Northeast 62nd Way, county staff reported that parking violations were resolved but that an unused electrical panel on the exterior of the house still needs to be removed by an electrician in order to comply with the International Property Maintenance Code §605.1; the county requested 30 days for final compliance and costs of $350.

Respondent Jack Rogers, at 10108 Southeast County Road 282, said he had removed a large accumulation of junk but still had two recreational vehicles and two unserviceable trucks on the property. County staff said the RVs may remain if they are not occupied; otherwise they must be permitted. The magistrate instructed Rogers to either make the vehicles serviceable with tags or store them in an enclosed structure; fines would continue to accrue until compliance and an affidavit of compliance is filed.

Where inspectors reported properties already in compliance, the magistrate accepted affidavits and directed clerks to enter the accrued fines or costs per the existing orders (for example, a prior case where compliance was achieved resulted in an $8,140 total fine figure including costs for the period of noncompliance).

Throughout the hearing the magistrate repeatedly advised respondents to coordinate directly with county officers to schedule on-site inspections and obtain affidavits of compliance; the magistrate said final orders will be issued in writing and mailed to respondents’ addresses on record. The hearing concluded at 10:23 a.m.

What’s next: the magistrate will issue written orders for each case; respondents who complete corrective actions should notify the code officer to request affidavits of compliance to stop fines and clear any potential liens.