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Thursday, December 26, 2024

City Manager Column Update as of July 23, 2021

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City of Punta Gorda issued the following announcement on July 23.

On July 1, a significant change was made to a State law that impacts the way our Code Enforcement Department operates. In the past, residents could phone or email in a report of a suspected code of ordinances violation anonymous. Florida Statute Chapter 162 no longer permits anonymous violation complaints. When a resident would like to report a situation they would like investigated, they must give their name and address before accepting your complaint. Florida Statute Chapter 162, 162.06 (1) (b); and 162.21 (3) (b): A Code Enforcement Officer may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a possible violation of a code or an ordinance must provide their name and address to the respective local government before an enforcement proceeding may occur. The fear of retaliation is often cited as a reason why a person wishes to remain anonymous. 

If a complainant states that they have a substantial fear of retaliation or statusbased legal jeopardy directly when making a complaint. City staff will then advise the complainant that if the claim is a false claim of fear of retaliation or of status-based legal jeopardy, then they are liable for all costs incurred by the City of Punta Gorda in investigating the claim of violation, including costs of personnel, equipment, testing, and reasonable costs and attorney fees if the City of Punta Gorda brings an action to prosecute the complainant or to collect amounts made payable. What hasn’t changed is the city’s philosophy on code enforcement. 

The goal is to achieve voluntary compliance with reported and discovered code violations. Education is the key to reaching this goal. One of the most significant obstacles to gaining compliance is that many citizens do not realize that they are violating local ordinances. For instance, it is not at all unusual for a resident to be unaware that parking a vehicle on the city right-ofway without a valid tag, or parking an inoperable car on your private property, violates city code. Suppose a code enforcement officer finds a code violation. In that case, an attempt is made to verbally contact the property owner and issue a Courtesy Notice via hand delivery; a notice left on-premises, or via the United States Postal Service mail. The property owner is given reasonable time to correct the violation, and the property is then re-inspected. If the violation was corrected, the complaint is closed. If the violation is not corrected, a Certified Mail notice of violation is sent. The owner is given reasonable time again to fix the issue, and a re-inspection retakes place. If the owner does not remedy the situation at  this point, the violation escalates to a situation that may involve fines.  Most people are willing to play by the rules if they know the rules. Property maintenance laws are designed to promote neighborhood integrity, prevent property value decline, reduce visual clutter and blight, and preserve the quality of life. Residents can still assist code enforcement officers with keeping our neighborhoods safe and attractive by reporting concerns. 

Code violations can be reported at https://www.ci.puntagorda.fl.us/.../report/a-code-violation or by calling 941-575-3352, or via text at 941-347- 0747. Readers may reach City Manager Greg Murray at citymgr@cityofpuntagordafl.com or by calling (941) 575-3302.

Original source can be found here.

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