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Clerk asks board to consider waiving $50 penalty for sidewalk/tree case; board debates precedent and does not reach final decision
Summary
City clerk told the board a property owner was told by a city official that the city would waive a $50 penalty for a sidewalk/tree matter; because only the board may waive a board-ordered penalty the clerk brought the request back to the board. Board members debated precedent and fairness but took no final action before adjourning.
The city clerk asked the Vero Beach Code Enforcement Board to consider waiving a $50 civil penalty related to a sidewalk repair case after a city official reportedly told the property owner the city would waive the amount. The clerk sought board action because the original penalty was imposed by a prior board order.
The clerk summarized the situation: city staff repaired the sidewalk after the owner paid $1,500 for the work, and the chief had told the owner the city would waive the $50 penalty. "So he cannot do that because of the board order. So I brought it back in front of the board to ask you if you wanted to waive that since he did state that the city would waive the $50," the clerk said.
Board members debated whether to create a precedent by waiving penalties in an individual case. Some members said $50 is small and favored waiving to resolve the matter; others opposed setting a precedent and suggested treating the case consistently with prior practice. The discussion noted the fee had been discussed at a lengthy earlier hearing and that the board had previously imposed penalties in similar cases.
Before members could finalize a motion, the meeting moved toward adjournment and the board did not adopt a clear final position on waiving the $50 penalty. The clerk will follow up with the parties and the board if additional action is requested or a formal motion is brought at a subsequent meeting.
