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Venice magistrate gives homeowner until May 6 to clear yard debris, cut grass under 12 inches

March 05, 2025 | Venice, Sarasota County, Florida


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Venice magistrate gives homeowner until May 6 to clear yard debris, cut grass under 12 inches
A City of Venice special magistrate on March 5 ordered homeowner Justin Hamilton to clear trash and debris, move stacked pavers out of public view and cut grass to under 12 inches at 1323 East Venice Avenue by May 6, 2025, or face fines up to $250 per day.

The order followed testimony from David Lipker, a certified code enforcement officer for the city, who said he inspected the property after an "offensive accumulation" complaint and measured weeds and grass exceeding 12 inches in the front yard and substantially taller growth in the fenced backyard. Lipker said he found trash and debris including a moldy cabinet and an unhooked washing machine near the front door; he testified the washing machine had since been removed.

"These photos fairly and accurately represent the conditions I observed," Lipker told the magistrate while offering photographs of the property taken in January and February 2025. Lipker described an earlier in-person contact and a courtesy letter delivered to Hamilton, subsequent certified notice of violation and that a community resource officer also contacted Hamilton by phone and email to explain compliance steps.

Hamilton told the magistrate he had been working double shifts and that his wife recently lost her job. He also said he is a 70% disabled U.S. Army veteran and described physical and financial barriers to removing material on the property. "I'm 70% disabled per the VA from the United States Army," Hamilton said, adding that a fallen 1,000-pound palm tree will cost about $1,560 to remove and that a large, overweight trash load was not collected by the city after a pickup attempt.

The magistrate told Hamilton the city seeks removal of visible garbage and debris from the front yard, relocation or stacking of the pavers where they are not visible from the street and cutting grass to below 12 inches. Hamilton told the court he planned to work on the property when he next had time and told the magistrate he could have the front yard cleaned by the Friday immediately following the hearing; the magistrate entered the formal compliance deadline of May 6, 2025.

The order states that if the violation is not corrected by the deadline, a fine of up to $250 per day for each violation may be imposed and the case will be reviewed at the May 7, 2025 special magistrate hearing beginning at 10:00 a.m.

No statutory citation was read into the record for this case during the hearing; the city presented the complaint and evidence supporting an offensive-accumulation violation and requested the compliance deadline.

The magistrate closed the matter after entering the compliance date and specifying the potential fine and the date of the next hearing.

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