Issue link: https://newsleader.uberflip.com/i/320652
The second Notice to Appear case involves manager Mariah Bogert. The motion to dis- miss the charges against Bogert was filed on April 30, according to court records. A hear- ing in that case is set for July 1 before Judge Phyllis R. Galen. The nine noise citations issued to the business are going to be addressed in 12th Circuit Court in Sarasota instead of by a Code Enforcement Special Magistrate hearing, Aker told the News Leader. DEFENDING THE CASES The Motions to Dismiss Aker filed in both the Cussans and Bogert cases say that since the restaurant opened last fall, "primarily two, if not only two, neighbors on the north side of Phillippi Creek, across from Bob's, have complained to Sarasota County Code Enforcement and the Sarasota Sheriff's office about the sound of the music emanating from [Bob's]." From Oct. 31, 2013 through approximately March 18, the motion continues, Code Enforcement officers and deputies "made numerous sound measurements at the north side of Bob's property, closest to the two complaining neighbors, at the behest of the neighbors, and not once was Bob's found to be in violation of the then existing Sarasota County sound ordinance." County staff has confirmed that statement in past interviews with the News Leader. Subsequent to approval of the revised Air and Sound Pollution Ordinance, the motions say, sound level measurements have been taken from the property line of complaining neigh- bors on the north side of Phillippi Creek. However, the revised law allows readings to be taken from the receiving site instead of at the generating property line if "the clos- est real property line to a complainant is not easily accessible or discernible" because it is a shoreline. Houses on Montclair Drive sit across Phillippi Creek from Bob's Boathouse. Photo by Rachel Hackney Sarasota News Leader May 30, 2014 Page 45