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Special master cuts Tubbs Ranch fine, suspends penalty window for storm-related delays
Summary
After an appeal, the special master reduced fines and suspended accrual for Tubbs Ranch & Grove LLC, citing hurricane impacts and partial compliance; the order removes fines from Dec. 23 through the hearing date and halves the daily fine going forward.
Special Master Christian Waugh reduced and rescheduled fines against Tubbs Ranch & Grove LLC after owners and counsel said hurricane damage and scheduling delays had stalled compliance.
At the Feb. 17 hearing, a representative for Tubbs Ranch told the special master that after the parties’ earlier agreement the property experienced two hurricanes and other pandemic/post-storm delays that impaired the owners’ ability to complete remaining structural permits and repairs. County staff said three structural items remained out of compliance (a gazebo with a portable solar device, a dock/platform and platforms for glamping tents). The county objected to reversing the final order and treated the proceeding as a fine appeal rather than a request to reopen the prior final order.
Waugh said he lacked authority to extend a prior development order but could exercise discretion on fines in a fine appeal. Citing the storm-related delays and substantial partial compliance, he eliminated fines that had accrued from Dec. 23, 2024, to the date of the hearing and reduced the daily fine going forward to half the previously contemplated amount. He told the parties he expected the owners to continue moving toward full compliance and said the adjustment reflected the unique circumstances, including documented hurricane impacts and disrupted permitting.
The county had proposed a $500-per-day fine; Waugh did not fully accept that amount and reduced the county’s recommended fine by 50 percent after finding the owners had shown substantial progress but remained incomplete on a few structural items.
Waugh asked the parties to continue to work with permitting staff and encouraged the owners to expedite the outstanding permit submissions and engineering work. He also noted the formal appeal window on the final order had passed; his authority in the hearing was limited to adjusting fines and considering the parties’ representations.
Ending — Next steps Waugh’s order reduced the immediate financial pressure on Tubbs Ranch while requiring continued progress on permits and construction. The county recommended the owners supply permit updates and engineering bids; the special master said he would expect rapid follow-up inspections and that unresolved fines could resume if compliance did not materialize.
