The Town of Lake Clarke Shores Code Enforcement Board on June 25 found that a dock built at 7012 Venetian Way was installed without required permits and ordered the property owners to come into compliance by July 1, 2025 or face fines up to $250 per day.

Code Enforcement Officer Eric Rachwagen presented the case, identified in the record as case number 25-0164, saying the town issued an initial notice of violation on April 30, 2025 and a notice of hearing on June 12. Rachwagen said a reinspection on the meeting date showed the dock remained in place and that the town has no record of a permit application with either the Town of Lake Clarke Shores or the South Florida Water Management District (SFWMD). "In order for them to come into compliance, they first have to pull the permit with South Florida Water Management, get it approved," Rachwagen said, and then obtain a town permit including an engineer's letter because the structure already exists.

Rachwagen told the board he had had no direct communication from the property owners and that photographs taken by staff and by the marine unit show the dock was newly built within the past few months. He also said some vessel equipment, including what appears to be a lift for a personal watercraft, is attached to the unpermitted dock and therefore is part of the violation. Rachwagen noted SFWMD has separately investigated encroachments on its easements in the area and can require removal of unauthorized structures.

A board member moved that, based on the testimony and evidence in case 25-0164, the board find the respondents in violation of section 10-91(a) of the town code and Florida Building Code 105.1. The board set an order requiring compliance on or before July 1, 2025; if the respondents failed to comply, a fine not to exceed $250 per day may be imposed. The board also scheduled a fine-assessment hearing for July 23, 2025, if necessary. The motion carried unanimously.

During discussion board members asked about where property boundaries and SFWMD easements fall on the parcel and whether electrical connections or lighting were present; Rachwagen said permit applications must list structural, mechanical and electrical work and that SFWMD would need to inspect the existing structure if an after-the-fact application is filed. Rachwagen also reported that when he posted the notice of hearing on the property door, the posting was removed within about an hour.

The board's formal finding applies to property owners listed in the record as Jessica Menendez and Jorge J. Pena de Jesus. The town's case file notes the property had previously been cited for open storage, a violation that staff said was largely corrected prior to the hearing.

The board made clear that SFWMD holds independent authority over structures built within its easements and that SFWMD enforcement could require removal regardless of the town's process. Rachwagen said he had no record of any permit applications or pending approvals from SFWMD or the town related to the dock as of the hearing.

If the property owners fail to meet the July 1 compliance date, the board's order allows daily fines up to $250 and authorizes a separate fine-assessment hearing on July 23 to determine actual penalties.