Unpermitted work in the city of Holmes Beach could result in some hefty fines.
Special magistrate Matthew McConnell, an attorney from the Naples-based Dickman Law Firm, ruled Sept. 11 in favor of the city in multiple cases involving construction without a city-issued building permit.
Out of seven cases before McConnell, five were violations of the Florida Building Code.
Three cases involved units 207, 306 and 506 in the Martinique South condominium building, 5200 Gulf Drive, which is in the city’s A-1 zoning district for multifamily residential and seasonal rental land uses.
Code compliance chief JT Thomas said city staff on July 7 found extensive construction being performed without permits at units owned by the DiClemente family and posted stop work orders.
The city issued a notice of violation July 14, then a notice of hearing Aug. 21, after the property owner failed to obtain permits.
Thomas requested that McConnell order the owner to obtain building permits, assess $127.24 in administrative costs for each case, and $150 daily fines if the properties fail to come into compliance within 30 days.
Jon Schneider, owner of Bradenton-based Jon Schneider Construction Corps, said his company was hired to complete work on the units.
He said the owner previously employed a different contractor to renovate the units and was unaware that they had begun work without permitting.
Schneider added that he had begun work on a permit application package and requested 90 days for completion.
City attorney Erica Augello opposed the extended timeline and said the city was taking a zero-tolerance approach to unpermitted construction.
McConnell found each case in violation of the Florida Building Code, assessed $127.24 administrative fees for all three, as well as ordered that building permits be obtained before Oct. 16, the date of the special magistrate’s next hearing, or face $150 daily fines per violation.
McConnell made similar rulings on cases for 209 Peacock Lane and 401 73rd St.
Fred Bartizal owns 209 Peacock Lane, which is in the R-1 zoning district for low-density residential land uses.
Thomas said code compliance found work beyond the scope of the property’s August-issued building permit. That permit expired last September, but staff found work being performed during a July 29 site inspection, resulting in a stop-work order.
Bill Montgomery, appearing for Bartizal, said a permit application was almost ready to be submitted.
The property at 401 73rd St. is owned by Doral-based Sun Home Builders and is in the R-2 zoning district for medium-density residential land uses.
Thomas said staff found “major” unpermitted work being performed at the property during an Aug. 4 inspection. A stop work order was posted the same day and a notice of violation was issued Aug. 11.
Antonio Leon, an authorized member of Sun Home Builders, apologized for the unpermitted work. He said they were “careless” and did not know a permit had not been obtained.
Leon said a permit application was submitted Aug. 18 and asked for 60-90 days for its review.
McConnell found violations in both cases, assessed the $127.24 administrative fee for each, as well as ordered the owners to obtain permits by Oct. 16 or risk $150 daily fines.
The administrative state requires constant administration regardless of intention or ability.