Should residents be able to appeal Charlotte County building code?
Published 9:47 pm Tuesday, February 11, 2025
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Everyone has to follow the same Charlotte County building code. It doesn’t matter what religion or community you belong to.
The problem, as Charlotte County Building Inspector John Hess has told the board of supervisors before, is that the Amish refuse to follow the state building code. Then in turn, contractors and homeowners around the county get upset, asking why they have to follow the building code if the Amish can get by without it. Last September, supervisors asked Hess, Charlotte County Administrator Daniel Witt and the county attorney to come up with a way to enforce the code, while giving people a way out if need be. In December, the idea of setting up an appeals court was brought up.
Now supervisors have to decide if they want to move forward with the idea and if so, should there be a fee attached when someone wants to appeal? That’s part of the discussion set for this week during the Wednesday, Feb. 12 Board of Supervisors meeting.
There are some rules
Now when it comes to setting up a board of appeals, there are some rules involved. State law makes it clear who can and can’t serve on this type of board. The members have to be contractors, builders, property managers, there has to be one professional engineer or architect.
There must also be at least five members on it. Previously, some supervisors had argued that they wanted at least one person on the board from each of Charlotte County’s districts, with the potential applicants brought to them for a final decision.
However, County Administrator Daniel Witt pointed out during the December meeting that he’s not sure it would be possible to get someone from each district, because of the requirements about who can serve. The only other alternative, if an appeals board doesn’t work, would be to fine anyone who doesn’t follow the state code. That could be done up to $2,500 for repeat offenders.
The Charlotte County building code proposal
And so that brings us to this week, as supervisors need to make some decisions. One of those involves a proposed application fee. If someone is appealing a building code violation, then the county staff suggests he or she should pay a fee. They recommend a $300 fee to process the appeal application. They also suggest paying the members of the appeals board $30 per meeting as a way to pay for gas and compensate for time.
Also, how many people should be on the appeals board? The current proposal would include seven, with one representing each district in Charlotte County. Any prospective member would also have to be fluent and up to date with the building code.
Supervisors will discuss the proposal during their Wednesday, Feb. 12 meeting, which will take place at 6 p.m. in the boardroom of the Charlotte County Administration Office. That’s located at 250 LeGrande Avenue, Suite A in Charlotte Court House.