Special magistrate finds shed at Newberry property was built without permit; 60 days to comply

A special magistrate found that a shed on property at 23023 Northwest Fourth Place in the City of Newberry was constructed without the required building permit and ordered the owners to bring the property into compliance within 60 days.

The finding follows the City of Newberry’s code enforcement presentation that the shed was constructed between Sept. 30, 2021, and June 7, 2024, and that an after-the-fact permit application (reference 24-0560) was started on Aug. 7, 2024, but not completed. The city’s recommendation, accepted by the magistrate, requires compliance within 60 days; if compliance is not achieved the order assesses a $50 daily fine beginning on day 61 and the full cost of prosecution of $150, and authorizes the City to impose a lien on the property.

Greta [last name not provided], the City of Newberry code enforcement presenter, described the timeline and evidence, including photos taken by city staff on June 7, 2024, January 30, 2025, and a hearing posting posted Feb. 3, 2025. The property is in Newberry Oaks Subdivision, parcel 01901-090-230, approximately 0.239 acres, zoned RSF-2 and not homesteaded.

Erica Solano, who told the magistrate she purchased the house for her mother, acknowledged the structure and said the family believed they had submitted documentation in 2021 and later had worked with city staff but never completed the permit process. "We didn't, you know, illiterate. We just didn't know the process," Solano said, and added the family had been unable to secure required signatures from an architect or contractor and is considering demolishing the shed as a last resort.

The magistrate explained the hearing procedure and emphasized the role of the magistrate is to determine whether a code violation exists and to order compliance, not to manage the permitting process. The magistrate said a demolition permit is likely required to remove the structure and warned that demolition without a permit would itself require a permit. The magistrate also said the $150 prosecution cost would be waived if the property is brought into compliance within the 60-day period.

The city-recorded recommendation and the magistrate’s order were explicit that the $50-per-day assessment begins after the compliance deadline and that a lien would not be recorded until the city sought recording following noncompliance.

The magistrate accepted the city’s evidence and entered a finding of violation with the remedies described; the magistrate also noted the city could return to the magistrate to ask for dismissal of the enforcement if the matter is resolved in the compliance process.

Photos and permit application records cited by the city were presented at the hearing; the transcript does not indicate that an after-the-fact permit was completed before the magistrate’s finding.

Votes at a glance: Finding of violation and 60-day compliance order for 23023 NW Fourth Place — outcome: finding of violation; compliance within 60 days; $50/day after deadline; $150 full cost of prosecution (waived if compliance achieved).