Special Magistrate Orders 60 Days for Blake SD Plaza to Obtain Permits; Assesses Tree, Sign Fines

Special Magistrate Amity Bernard ordered the owner of Blake SD Plaza at 311140 Fifth Street to obtain required permits for a rolling fence, a tiki‑hut/gazebo structure and an aluminum patio covering within 60 days or face daily fines, and assessed a one‑time fine of $3,000 for hat‑racking on 15 live oak trees.

The ruling follows testimony from city building inspector Saul Yarmish that he observed a rolling chain‑link fence and gate and exterior structures installed without permits, and that permits applied for had been rejected or not submitted. Yarmish recommended 60 days to comply and a $50 per day fine after that; Bernard said, "60 days should be more than enough time," and ordered compliance within that window.

Why it matters: The case ties together multiple safety and permitting issues at one property — unauthorized construction, public‑safety access concerns and severe pruning of canopy trees — and the magistrate required both permits and remediation while spelling out penalties for continued noncompliance.

Inspector testimony and respondent statements

Saul Yarmish, building inspector for the city of West Palm Beach, testified that he issued notices and stop‑work orders after observing a rolling fence gate that closed off required access around the building and exterior structures installed on pilings and an aluminum patio cover without permits. He said the tiki‑hut (later characterized as a gazebo) had a permit application that was rejected and needed resubmission; the aluminum structure had no permit application on file. Yarmish told the magistrate that permits and inspections are required and that progress had been made on some applications but inspections had not been performed.

Attorney Ola McLean and owner Sharnette (Shawnette) Thompson appeared for the respondent. Thompson said contractors had told her the tiki hut was exempt, then later that it was not, that multiple contractors had been used and that remediation and permit resubmission were underway. Thompson said the tiki/gazebo required structural changes and that separate permit applications were needed for the tiki/gazebo and the aluminum patio cover. "The aluminum structure is completely different from the Tiki structure," she told the magistrate.

Tree pruning, signage and fines

Code enforcement officer Paul McFarland presented a separate set of violations at the same address: prohibited portable signage and severe cutting of 15 live oak trees (hat‑racking). McFarland said the city accepted an arborist report provided by the respondent that confirmed hat‑racking but concluded the trees did not require removal; the city recommended 15 days to remove a portable feather sign or a $100 daily fine and asked for a one‑time fine of $200 per tree totaling $3,000 for hat‑racking.

Respondent counsel pushed back that the arborist was engaged to show the trees could be preserved and that some cutting near power lines had been performed by the utility (FPL). The magistrate noted the difference between pruning that preserves canopy and the severe cutting shown in photos, and said the arborist's findings lowered the city's concern that trees must be replaced.

Magistrate ruling and next steps

Bernard admitted the city's case file into evidence and, based on the inspector testimony and photographs, found violations of the cited code sections for unpermitted fence/gate and structures. The magistrate ordered the respondents to obtain required permits for the rolling fence, tiki/gazebo and aluminum patio covering within 60 days and imposed a $50 per day fine continuing after that period if violations persist. For the tree hat‑racking, Bernard assessed a one‑time $200 per tree fine for 15 oak trees (total $3,000) and gave 15 days for removal of the prohibited portable sign or a $100 per day fine thereafter.

Bernard emphasized communication with city staff if permit processing stalls: "If something happens in the permit process that you're unable to get to the next step, make sure you communicate with the city staff so that you're moving toward that compliance goal." The city will mail formal orders that reflect the ruling.

Speakers

- Amity Bernard — Special Magistrate (government) - Saul Yarmish — Building Inspector, City of West Palm Beach (government) - Ola McLean — Attorney for respondent (counsel) - Sharnette (Shawnette) Thompson — Owner, Blake SD Plaza (owner/citizen) - Paul McFarland — Code Enforcement Officer, City of West Palm Beach (government)

Authorities

- ordinance: "Sections 105.1 and 110.3" (referenced_by: ["311140 Fifth Street fence/structures case"]) - ordinance: "94‑446‑2‑B‑3 (hat racking)" (referenced_by: ["311140 Fifth Street tree case"]) - ordinance: "94‑442‑C‑1 (landscape/grass)" (referenced_by: ["311140 Fifth Street landscape references"])

Actions

- {"kind":"other","identifiers":{},"motion":"Respondent must obtain all required permits for fence/gate and exterior structures within 60 days; $50/day after 60 days if not complied","mover":"Special Magistrate Amity Bernard","second":"","vote_record":[],"tally":{"yes":1,"no":0,"abstain":0},"legal_threshold":{"met":true,"notes":"Magistrate order based on testimony and photographic evidence"},"outcome":"approved","notes":"City evidentiary file admitted; permit progress noted"} - {"kind":"other","identifiers":{},"motion":"Assess one‑time fine $200 per tree for 15 hat‑racked live oaks (total $3,000); require sign removal within 15 days or $100/day thereafter","mover":"Special Magistrate Amity Bernard","second":"","vote_record":[],"tally":{"yes":1,"no":0,"abstain":0},"legal_threshold":{"met":true,"notes":"Based on arborist and city photos"},"outcome":"approved","notes":"Arborist report acknowledged; fines imposed"}

Discussion vs. decision

- Discussion points: Permit application history (partial approvals, utility consents), contractor changes and timeline, arborist findings on tree recovery, proximity to utility easements, hurricane‑season safety concerns. - Directions: Respondent to pursue separate permit applications for tiki/gazebo and aluminum cover; maintain contact with city permitting staff; remove sign within 15 days. - Decisions: 60‑day compliance deadline for permits; $50/day after 60 days; $3,000 one‑time tree fine; $100/day for sign noncompliance after 15 days.

Clarifying details

- fence/structures: permit(s) applied for but either rejected or not submitted; FPU (FPL) consent was last utility pending and was received prior to hearing (source: respondent counsel) - tree fine: $200 per tree × 15 trees = $3,000 (one‑time) - sign: 15 days to remove portable feather sign or $100/day thereafter - permit compliance deadline: 60 days from May 7, 2025 (magistrate order)

proper_names:[{"name":"Blake SD Plaza","type":"business"},{"name":"West Palm Beach","type":"location"},{"name":"Florida Power & Light","type":"business"}]

community_relevance:{"geographies":["West Palm Beach"],"funding_sources":[],"impact_groups":["property owners","tenants","pedestrians"]}

meeting_context:{"engagement_level":{"speakers_count":5,"duration_minutes":75,"items_count":3},"implementation_risk":"medium","history":[{"date":"2024-11-08","note":"Initial violation posted (fence)"},{"date":"2024-06-21","note":"Stop‑work order posted for tiki/structures"}]}

searchable_tags:["311140 Fifth Street","Blake SD Plaza","permits","hat‑racking","tree fine","West Palm Beach"]

provenance:[{"block_id":"s=564.78","local_start":0,"local_end":200,"evidence_excerpt":"My name is Saul Yarmish, and I'm I'm the building inspector for the city of West Palm... The violation I observed is a fence gate installed... Permits and inspections are required for the work I observed...","reason_code":"topicintro"},{"block_id":"s=2154.08","local_start":0,"local_end":300,"evidence_excerpt":"I'll find based on the photographs in the case file and the testimony of the building inspector that the respondents in violation of sections 105.1 and 110.3 for the tiki hut like structure and also the aluminum, patio covering structure that were installed without required permits... I'll require respondent to comply ... within 60 days or a $50 a day fine...","reason_code":"topicfinish"}],