Resident Wins Appeal in Dispute with Building Department

On July 30, 2024, the Board of County Commissioners (BOCC) heard arguments by Dominique Moglia Tilwick and her attorney Nicole Blumenauer appealing the revocation of Tilwick’s building permit exemption on her property on 15367 Peach Bloom Road in Brooksville. The Board voted unanimously in favor of Tilwick.

Representing the County was Thomas Peters, County Building Investigator and an unidentified official who questioned him on the events leading up to the revocation of Tilwick’s exemption.

At issue was a 30-foot by 50-foot structure on Tilwick’s 5-acre property described as a non-residential farm building. Following an inspection by the Building Department, Tilwick’s building permit was revoked after the structure was deemed residential.

Under Florida Statute (section 604.50), non-residential farm buildings are “exempt from Florida Building Code and any county or municipal code or fee.” The statute includes, but does not limit barns, green houses, shade houses, farm offices, storage buildings or poultry houses.

According to Blumenauer, at the beginning of 2024, Tilwick contacted the Property Appraiser’s Office after noticing that her property taxes tripled. She was told the farm building was reclassified as a garage, prompting the increase in taxes. During the conversation, Tilwick also inquired about Homestead Exemption, prompting the department to investigate if the farm building was being used as a primary residence.

Tilwick’s residence on the property is described as a travel trailer. Though not shown, later in the testimony, Commissioner Steve Champion would comment on the trailer, “It looks like a nice one too – what is that? Probably a hundred-thousand dollar travel trailer, that’s not a cheap one.”

The property is used to board horses, and provides pens for pigs and goats. Tilwick also conducts business in leather and saddle repair and rescues and cares for small animals.

Blumenauer told the board that Tilwick expected a visit from the Property Appraiser’s Office, however was visited by Thomas Peters from the County Building Department. Tilwick refused Peters’ access to the property, concerned that he was in an unmarked vehicle. “And it’s her right, she refused to allow him on her property. However, that angered Mr. Peters and he issued two citations at that time, and threatened to come back out with the deputies.”

Tilwick’s attorney told the Board Ms. Tilwick visited the two departments several times over the next few months, but received conflicting information on what was needed to bring her property into compliance.

Blumenauer said Peters made additional trips to the property, and eventually obtained an Inspection Warrant, and returned with law enforcement to inspect the farm building. Tilwick was issued two additional citations, which were heard by a Special Master on June 12, 2024. The decision is still pending.

Prior to a Code Enforcement hearing on May 31, 2024, Peters visited the property again and posted a notice that Tilwick’s farm building exemption would be revoked within days.

The account by Blumenauer prompted the first response by Commissioner Steve Champion. “This angers me, that an official from this County … If I tell you ‘no,’ you turn your tail around and you leave. You don’t harass people.” Champion motioned to immediately approve Tilwick’s appeal. “We overstepped. We should apologize to (Tilwick) … this is unacceptable.”

The Commissioner who seconded the motion was not clear, as conversation ensued between Champion and County Administrator Jeff Rogers. Rogers defended the actions of the Building Department, and said, “I believe there was an alert from the Property Appraiser that there was a non-residential farm building, that someone was potentially … living in, my job for my staff every day is to report this.”

Unmoved, Champion said, “How about you don’t be ‘deputy dog’, and leave private property rights alone. She said she’s not living there. You take her word for it … and you leave it alone.”

Chairman Beth Narverud opted to hear from representatives of the Building Department.

Thomas Peters answered questions, confirming that his visit was prompted by a complaint from the Property Appraiser’s Office because Tilwick inquired about Homestead Exemption, and they had concerns the building was used for living purposes.

Peters reported while speaking with Tilwick, he asked if there was living space in the building, to which Tilwick replied there was only equipment used for her business. Tilwick answered in the negative to Peter’s inquiry of any kitchen, bathrooms or bedrooms in the building.

Peters said Tilwick told him that she did not trust him to let him inside the building, which is when he offered to summon a Sheriff’s Deputy to chaperone. Tilwick refused, and visited the Building Department some hours later.

Peters testified while she was at the Building Department, “She had told me she planned on moving into the building at some point. I explained to her what she would need to do. I told her if she had living space in there, we would get it permitted properly, and she would be able to live in it. She again denied she had any living space in it.”

Upon questioning, Peters reported his observations from outside the building. He described “draped windows,” a gazebo, an above ground pool that was actually buried in the ground, children’s toys, a trampoline, and a partially assembled waterslide. Tilwick does have a 12-year old daughter.

Approximately one week later, Peters returned to the property with the warrant to take photographs. Photos shown were dated April 2, 2024. The contents of each photo were described by Peters in detail. Photos showed a washer and dryer next to a toilet. In another room a sink, refrigerator and microwave, with some furniture. The building does have a shower and small air conditioning units. Small animals in cages and a workbench were also shown. Peters’ opinion is that the building contains more living space than work space.

Peters also testified that he received an anonymous complaint from a neighbor, prompting him to seek the warrant to investigate the property. One of Tilwick’s bases for her appeal is that a 2021 amendment to Florida Statute 125.69 prohibits anonymous complaints to the Building or Code Enforcement departments. Peters countered that the law does not apply if health and safety are at risk.

Commissioner John Allocco asked if there was any reason for Peters to believe that Tillwick was living in the farm building and not the travel trailer. Peters answered that upon his arrival, an unknown male emerged from the travel trailer while Tilwick emerged from the farm building, leading Peters to believe the trailer was occupied by another person.

Vice Chairman Brian Hawkins asked Peters if he witnessed a bedroom or any beds in the farm building. Peters answered, “When I went into the building you could see where the beds were, there were marks on the floor where the beds had been moved.”

Again, an animated Champion chastised Peters and asked rhetorically why Tilwick would live in a substandard accommodation compared to her travel trailer. “Do you think she’s not going to live in that, she’s going to live in a farmhouse? This is injustice.”

Tilwick testified that the furnishings and appliances are in the farmhouse to avoid storage fees. The air conditioning units are self-contained wall-mounted types, and the large kitchen area is used to rescue and care for small animals.

Commissioner Jerry Campbell commented “This probably got out of hand, but to imply that Mr. Peters was doing something other than doing this job, I think is an unfair application of the intent.” Campbell also disagreed with Peters’ categorization of the farm building as living space. “You can go to our County office right now, and we have all those things (shown in the images), including a shower.”

Campbell went on to say that he can understand concerns by the Building Department, because at the time of the visits, the travel trailer was also not permitted, and cannot be used as a permanent home on the property. Moving forward, it is Tilwick’s intention to place a mobile home on the property with proper permits.