The City of Newberry special magistrate on Aug. 14, 2025, reviewed a noncompliance matter involving Southeast Perimeter Solutions Inc. and Rustic Oaks Ranch LLC concerning a permitted repair/structure. The magistrate found the respondents had initiated permits and actions since the initial order but were delayed by a vendor shortage and payment timing, and he issued an order splitting the city’s requested full prosecution cost and setting Sept. 1, 2025, as the outer deadline for compliance.

Why it matters: the magistrate acknowledged delays arising from permit issuance timing and subcontractor parts but reaffirmed the city’s authority to assess prosecution costs and daily fines if deadlines are missed. The order both recognizes partial progress and establishes enforceable consequences if respondents do not complete inspections by the new deadline.

Background and evidence: city staff reminded the magistrate that the original order required compliance by June 7, 2025, pursuant to Florida Statute 162.09 and the city’s land development regulations; respondents later applied for and received a building permit (permit #25-0272) and paid fees on June 23. City staff reported respondents told the building department they were waiting for powder-coated brackets to be returned before final installation and inspection; on Aug. 6 the respondents said they were awaiting parts from the powder-coating vendor.

Respondent testimony: a representative, identified in the record as Mr. Pyle, said they had trouble finding a permit code on the city site, placed calls and drove to the office, and ultimately applied once staff added the permit category. He said roofing, painting and roofing screws had been completed and that only the powder-coated brackets remained. He told the magistrate the powder-coater had promised delivery by an upcoming Monday but had missed prior promised dates.

Magistrate’s decision and terms: the magistrate declined to start daily fines immediately, noting efforts since the order and that the respondents had initiated a permit and made progress. He split the city’s requested full prosecution cost of $1,500, ordering $750 in recoverable prosecution costs. He set Sept. 1, 2025, as the compliance date; if the respondents fail to complete work and obtain final inspection by that date, the $50-per-day fine will resume accruing from Sept. 1 and enforcement costs may be recorded as a lien. The magistrate said, “$750 can be recouped by the city, no matter the date of compliance.”

Implementation steps: respondents must install the returned brackets, contact the building department for final inspection, and pay the assessed prosecution cost. City staff will re-inspect and, if noncompliant on Sept. 1, initiate daily fines and possible lien recording.