Code enforcement case remains unresolved
‘This happens to be a complicated situation with multiple issues.’
MELISSA REID
Staff Writer
mreid@lbknews.com
James Armstrong has applied for building permits to renovate his home in the 2900 block of Gulf of Mexico Drive. The problem is that the construction work has already been performed and his application is still incomplete, as deemed by town staff and the Code Enforcement Board.
At the Code Enforcement Board’s Aug. 9 meeting, the board decided to fine Armstrong $50 per day until he brings his property into compliance, which for now consists of applying for a building permit, as well as paying $2,178.50 for administrative costs.
Town Plan Reviewer Ric Hartman said the town staff reviewed Armstrong’s building permit application, which was filed Aug. 19, but that the application had missing and incorrect information.
The application submitted was for the addition of a lanai and two bedrooms. Town staff says more work is being done on the home, which is the reason the application was deemed incomplete. Hartman stated in a town memo that demolition and alterations to the pool cage and replacement windows should be added in the building permit. Hartman also stated that no information was provided for the two bedrooms and insufficient information was provided for the pool cage. Also, a shed was expanded, moved and re-stuccoed.
Armstrong wrote in an e-mail to Longboat Key News Aug. 23 that he has been dealing with family issues and claims the Building Department was not specific enough regarding the violations.
“My issue all along was not with getting a permit, but rather, that the building department was not specific with regard to the alleged violations. I had written certified letters to the building department prior to July 12, 2010, requesting more specifics on the violations so that I could comply, however, they never responded. I also wrote a letter and mailed it certified to Bruce St. Denis, and he never responded either,” wrote Armstrong.
Armstrong also said that he has complied with the Planning, Zoning and Building Department since Aug. 19, when he submitted the permit application requested of him July 12.
In a previous e-mail to Town Manager Bruce St. Denis and Longboat Key News dated July 20, Armstrong wrote, “As a taxpayer and resident of this community, I wish to alert you to issues that I am facing with your code enforcement department. On May 25 I was sent a notice of violation that included allegations of doing work without a permit, which included blocks, walls and other broad areas, which were not specific such as ‘plumbing.’ When I called the code officer and asked her to be more specific she replied by issuing a revised notice of violation identical to the first one except, she added an additional violation without being more specific with regard to the first notice. With regard to the walls, I explained to the code officer that I had built the fence/wall system over a year ago and pulled the necessary zoning permit. I was referred to the town’s Web site where it states that no building permit is required for ‘fence/walls.’ In spite of all this proof that I had complied, she proceeded to schedule a code enforcement hearing regardless.
“The town hired, at taxpayer expense, an outside law firm who specializes in appellate work to represent the town for a very simple matter with the expectation that I would appeal the decision. When asked to speak at the hearing, I was told that I could not present evidence about the fence/wall and that would be done at another hearing. Additionally, I was found guilty by your Code Enforcement Board of a violation that was not even listed on the notice of violation.”
Despite these tribulations, Armstrong wrote that he sincerely wants to comply with all of the town codes, although he states in his Aug. 23 e-mail, “this happens to be a complicated situation with multiple issues.” Also, adds Armstrong, Town Building Official John Fernandez thinks Armstrong is moving in the right direction to resolve the issues. To that end, Armstrong has contacted several of the commissioners in an effort to resolve the problems with his permit application.
In an e-mail to Armstrong, Town Attorney David Persson explained to Armstrong that it is not proper protocol to go from the Code Enforcement Board straight to individual commissioners. Instead, explained Persson, “I believe it is appropriate for you to resolve these issues as ordered by the Code Enforcement Board prior to addressing the matter with the Town Commission. My recommendation is that once this matter is resolved, and if you believe that you were unfairly or improperly treated by employees of the town, you address this concern with the town manager. The town manger is the town’s chief administrative official. If the town manager does not address the matter to your satisfaction, you may present it to the Town Commission.”
Persson suggested utilizing the ‘public to be heard’ portion of the commission meeting as an effective way to go before the commission with any issue.
The Town Code Enforcement Board gave Armstrong 30 days to comply, which means in this case Armstrong had 30 days to file for a building permit. Although Armstrong filed for a building permit Aug. 19, Planning, Building and Zoning Department Director Monica Simpson stated that the permit application was deemed incomplete as noted above by Hartman.
According to Simpson, the Code Enforcement Board has given Armstrong several opportunities to reach compliance and has given him smaller goals to reach in order to meet that compliance.
“[The Code Enforcement Board has] given him baby steps to accomplish these tasks,” said Simpson.
Simpson says the Code Enforcement Board will ultimately determine whether Armstrong’s permit is sufficient, and therefore whether he is in compliance, at the next Board meeting at 10 a.m., Monday, Sept. 13 in Town Hall.
If it is determined Armstrong is not in compliance, the fine of $50 accumulates until he reaches compliance. The fine is typically not paid until compliance is reached, said Simpson, although the administrative fee of $2,178.50 is usually paid when the fee is issued. Armstrong has not yet paid the fee according to Planning, Building and Zoning Department records.
