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Lake Clarke Shores board reduces $12,000 lien to $1,000 for Edgewater Circle property
Summary
After a contested hearing over whether a final inspection was required to cure a permit violation, the Lake Clarke Shores Code Enforcement Board voted to reduce a $12,000 lien to $1,000 plus administrative costs for Nuvo Mar LLC's Edgewater Circle property, with payment due in 30 days or a lien will be recorded in Palm Beach County.
The Town of Lake Clarke Shores Code Enforcement Board on April 23 voted to reduce a previously levied $12,000 lien against Nuvo Mar LLC, owner of 7512 Edgewater Circle (case 24-0343), to $1,000 plus administrative costs, with payment required within 30 days or a certified copy of the order will be recorded as a lien in Palm Beach County.
Board members heard testimony from the property owner and counsel about whether the town’s ordinance (section 10-91(a) of the Town Code) required only the submission and payment of a permit application to cure the violation, or whether a final inspection and issuance of the permit was required to end the violation. The respondent’s attorney argued the application and payment were made before the compliance deadline and that requiring a final inspection exceeded the text of the ordinance; town counsel and the board’s legal advisor said the town’s position that the violation persisted until issuance of the permit was defensible but that litigation risk favored reduction.
The dispute centered on timing and statutory language. The board’s record shows the notice of violation stemmed from windows installed without a permit; the respondent’s submission in the packet stated the permit fee was paid on Oct. 28, 2024, the permit was issued Nov. 4, 2024, and the inspection later passed on Dec. 18, 2024. The board’s earlier compliance order had set Oct. 30, 2024, as the deadline for compliance and advised that failure to comply would trigger fines that accrue at $250 per day.
Attorney Robert Gonzales, representing Nuvo Mar LLC and its president, told the board the client had applied and paid for the permit before the compliance deadline and had taken prompt corrective steps after learning the contractor had not pulled or had improperly used another registrant’s license. Gonzales asked the board to set the assessed lien to $0 or, as a compromise to avoid litigation, to $1,000.
Town Attorney Charlie Sheikh (town legal advisor) and the town’s counsel advised the board that because the violation was “doing work without a permit” and a permit was issued on Nov. 4, identifying the period during which work occurred without a permit, the town had grounds to assess fines for the days before issuance. Sheikh also advised keeping the case open until final inspections are completed in other similar circumstances so the town can return the matter to the board if a final inspection is not requested or passed.
Board member Wesley Cook moved to reduce the lien from $12,000 to $1,000 plus administrative costs and to require payment within 30 days; the motion was seconded and carried on a voice vote. The board chair announced the motion carried; a recorded roll-call tally was not taken in the board minutes for this hearing.
Why this matters: The case tested how the town enforces its permit requirement and whether payment/submission of an application before a compliance deadline satisfies the ordinance’s cure language. Town counsel recommended a reduced lien to avoid likely litigation and associated costs to the town.
Notes and next steps: The board’s order requires payment of $1,000 within 30 days; if unpaid the town will record a certified copy of the order as a lien against the property in Palm Beach County public records. The board and staff also discussed reviewing ordinance language to remove ambiguities about whether compliance requires a final inspection in addition to application/payment.
