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Special magistrate orders Jacksonville Beach homeowner to add airflow or lower 8-foot fence by April 10
Summary
The special magistrate ordered property owner Jackie Clark to modify an approximately 8-foot rear fence at 632 Tenth Street North so any portion over 6 feet provides at least 25% openings, or to reduce the fence to comply, with a compliance deadline of April 10, 2025 and potential $250-per-day penalties for noncompliance.
Special Magistrate Brenna Durden ordered Jacksonville Beach property owner Jackie Clark on March 26 to modify a rear fence at 632 Tenth Street North so that any portion over 6 feet in height provides at least 25% openings, or to reduce the fence height, with compliance required by April 10, 2025.
The city presented the case through Code Enforcement Officer Nikki Beavers, who showed photographs and said the rear fence “appears to be, approximately 8 feet in height” and that “any portion of said fence in excess of 6 feet in height shall ... equal not less than 25% of the aggregated surface of the portion of the fence which exceeds 6 feet in height.” The authority cited by the city was city code section 34-406(b)(4).
In testimony, Jackie Clark said she did not know the middle fence needed trellis or ventilation and that the fence was a temporary separation. “I don’t have any problems putting the ventilation in there,” Clark told the magistrate, and she offered to have a handyman remove every fourth picket so the openings would meet the 25 percent requirement. Christian Capaldi, senior planner with the City of Jacksonville Beach, agreed that, on the facts presented, meeting the 25 percent openings would be sufficient.
Durden announced an order requiring Clark to create the required openings (for example by removing every fourth picket) or otherwise bring the fence into compliance no later than April 10, 2025, and to notify Code Enforcement when the work is complete so staff can verify compliance. The magistrate warned that, if Clark failed to meet the deadline, the matter could return with a potential fine of $250 per day from the date of noncompliance.
The city said notices were posted at the property and a certified mailing was received and signed by “Clark” on March 14, 2025. Beavers said she inspected the property and based her height assessment on the adjacent, known 6-foot fence and the photographs submitted to the hearing.
The magistrate closed the matter with the compliance deadline and instructions for the property owner to coordinate inspection with city staff. No monetary penalty was assessed at the hearing.
