Code board fines Lake Clarke Shores homeowner $200 a day over unpermitted animal enclosures

The Town of Lake Clarke Shores Code Enforcement Board on Jan. 22, 2025 found John L. Hyatt and Deborah A. Hyatt in violation for building animal enclosures and an enclosed porch at 6400 Karen Bull Circle without required town permits and imposed a fine of $200 per day beginning Jan. 22, 2025.

The board's action follows inspections by the town's building official and discussions with the South Florida Water Management District. The building official, Joe Kojak, said the enclosed porch over the back deck requires a permit to meet hurricane wind-load standards and that two side kennel structures with temporary tarps must be removed. Melissa Espinosa of the building department told the board the property owner had recently obtained clearance from the South Florida Water Management District and was willing to apply for town permits; that SFWMD clearance was dated Jan. 10, 2025.

Why it matters: the central enclosure sits under an existing porch roof and the town said it must be confirmed structurally and permitted so it meets wind and safety requirements. Side structures described by the town as canvas/tarp-covered kennel units were judged noncompliant and likely must be removed. The board imposed fines to encourage compliance while directing staff to assist the owners with next steps.

Town code enforcement officer Eric Richwagen summarized the compliance history and the board's options. Building official Joe Kojak said the structures are “very well put together” but that the porch enclosure “was done without a permit” and that the center enclosure will need permitting and inspection to ensure it meets wind-load and structural requirements. Melissa Espinosa said the Hyatts had obtained the South Florida Water Management District transfer/clearance and asked the board for 90 days to complete town permitting; Kojak and other staff said permitting will require plans and possibly an engineer’s letter or sealed drawings to confirm foundations and columns.

Property owner John L. Hyatt told the board the enclosure began as a wooden deck about 10 years ago that he roofed and enclosed with fencing material and plastic panels, and he said the primary purpose was to contain and protect cats after a neighbor had threatened or harmed animals. Hyatt said he had attempted to obtain town help and a water-management permit and that he had been told by staff he did not initially need engineering documentation. He described difficulties obtaining timely help from outside engineers and from SFWMD contacts while the town transitioned building officials.

Board members pressed staff on chronology and responsibility. Staff explained the case was first noticed in September or October 2024, that the town’s prior building official had taken initial photos, and that the current building official re-inspected in January after taking over the case; SFWMD required a building-inspector confirmation before the town could issue a local permit. The board also asked staff to verify zoning and animal-control limits (county or state rules may apply) before permitting is finalized.

After discussion, a member moved to find the respondents in violation for failure to comply with the town’s order and to impose a fine of $200 per day commencing Jan. 22, 2025; the motion carried. The board asked the Hyatts to return in roughly one month with a status update and directed staff to provide the owner with plan-review guidance, a short list of engineers who have worked with the town, and zoning guidance. Richwagen said the final order and related notices would be mailed (certified) to the property because he is not currently allowed to step onto the property.

Next steps: The town said the Hyatts must (1) seek zoning confirmation that the enclosure/animal-keeping is allowed as built, (2) submit plans and, if required, an engineer’s sealed letter to support the porch structure and footings, (3) apply for and obtain town permits, and (4) remove the side kennel structures if they cannot meet permit standards. The board will review progress at a follow-up hearing requested in about a month.