Planning board recommends magistrate option and volunteer support for Punta Gorda code enforcement

The Punta Gorda Planning & Zoning Board voted to recommend City Council approval of a proposed amendment to Chapter 9A that adds a special magistrate option for code-enforcement cases while preserving the existing code board.

Rachel Berry, the city’s zoning official, described the draft language as adding the magistrate as an option — not a replacement — so council could choose whether to use the code board, appoint a magistrate, or use both. Berry said routine administrative costs (postage, administrative fees) are already included in fines, and staff will consult the city attorney about whether magistrate or legal costs can be recovered or included in liens. She also said staff expects to add an hourly rate for repeated inspections in the next fee schedule.

During board questioning members asked whether a magistrate should be an attorney experienced in land use, how costs (field, administrative, inspector, legal) would be allocated, and whether magistrate expenses could be recouped from repeat offenders. Berry said staff would research those points with the city attorney and return recommendations.

Joe Como, a Punta Gorda resident and vice chair of the code enforcement board, urged caution in assuming a magistrate would solve existing delays. Como said the process is constrained by Florida statutes (certified-mail requirements, limits on anonymous complaints) and that additional staff or procedural fixes — rather than a magistrate alone — are needed. He suggested exploring volunteers to help spot and document violations to support proactive enforcement while code officers handle formal actions.

Board members and staff discussed the logistics and liability implications of a volunteer program; Berry said staff will schedule a January meeting to work through training, insurance, and whether volunteers would use city vehicles or marked magnets. The board agreed to include a recommendation to council that trained volunteers be developed to assist code enforcement operations, noting the code board would remain available and the magistrate would be an optional mechanism.

The board read and adopted recommendation language finding the magistrate option consistent with the Punta Gorda comprehensive plan and adding the volunteer recommendation; the motion passed unanimously.

Next steps: City staff will follow up with city attorney guidance on recoverable costs, draft internal volunteer procedures, and transmit the board’s recommendation to City Council for consideration.