Pirates Cove condo found not in compliance after storm damage; magistrate orders administrative fee, cites DEP permit delays

A special magistrate found Pirates Cove Condominium Association not in compliance at a first compliance hearing and ordered administrative fees while acknowledging permitting delays at the state level that affected repair timelines.

City code enforcement staff (identified in the hearing as Gwen Herstein) told the magistrate the case involved eight violations stemming from damage in hurricanes Ian and Nicole in late 2022. A notice of violation was issued in November 2023, and initial deadlines were set at earlier hearings: certain retaining-wall work along the north property line had been due Jan. 20, 2025, and other repairs related to the seawall and pool deck were due April 30 of the year referenced in the packet.

Sherry Lamont, introduced herself as the condominium association president, and Alicia Delagatti identified herself as the property’s CAM manager. The association and a contractor team described extensive storm damage and subsequent clean-up. The association’s contractor, Tim Hasler of Steven Van Arnhem, LLC, said the Florida Department of Environmental Protection (FDEP) took roughly seven to eight months to issue a final seawall permit, which delayed the start of major seawall work.

Hasler told the magistrate the association’s plans were scaled down from a previously proposed $670,000 seawall to a smaller scope that the contractor estimated at about $270,000 for the new seawall and associated work. He said the contractor expects to receive county-level permits within roughly a week of the FDEP permit, then file for the city building permit within two weeks, mobilize, and complete the through-line seawall-panel embedment in about 90 days; the full project timeline was estimated at about four to five months from permitting.

The magistrate said he understands the financial hardship the association faces and noted the long DEP processing window when considering potential future reductions of fines. However, the magistrate found the property not in compliance and entered an order that included an administrative fee of $92.43 to be paid within 30 days. The magistrate reiterated that reductions or rescissions of fines would be considered at a subsequent compliance hearing if the association presents persuasive evidence and a clear timeline.

Association leaders described organizational turnover and financial strain, including prior assessments for storm damage and pending litigation with vendors. They said more than 80% of owners had paid a recent assessment to fund emergency work. The association said it would provide a clear permit timeline at the next hearing to make it easier for the magistrate to calculate days attributable to permit delays.

The magistrate asked the association to prepare a timeline counting the days the association waited for the FDEP permit so those days could be excluded from fines at the next hearing if warranted. The magistrate entered the order and closed the matter for the first compliance hearing; the association was told to return for the second compliance hearing with documentation.