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Pensacola finds three Ditmar Street properties in violation for unpermitted fences; tree-removal portion at 517 continued
Summary
The hearing officer found 517, 519 and 521 Ditmar Street in violation for constructing wood privacy fences without permits, ordered correction by Jan. 27, 2025, and set court costs and fines; the tree-removal portion of the 517 Ditmar matter was continued for the city arborist review.
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A hearing officer found three contiguous Ditmar Street properties โ 517, 519 and 521 Ditmar Street in Pensacola โ in violation of the city code for constructing wood privacy fences without permits and entered orders requiring correction by Jan. 27, 2025.
Building Inspections Director Jonathan Bilby presented evidence that on Sept. 11, 2024, building inspector Juan Coto investigated complaints of recently constructed wood privacy fences at the addresses and documented the unpermitted work with photographs that the inspector attested were true representations of the sites. Bilby told the hearing permits are required under Pensacola Code of Ordinances section 12-115 and referenced the Florida Building Code section 105.1 and Florida Statute 553.791(a).
For each property the hearing officer found notice had been properly provided: certified-mail receipts show the notices of violation were received Sept. 12, 2024, and the notices of hearing were posted at City Hall and on each property on Jan. 3, 2025. The photographs were admitted as composite exhibit 1 and the case documents as composite exhibit 2.
The officer entered orders finding the properties in violation and ordering correction and compliance by Jan. 27, 2025. For the Ditmar cases the officer directed payment of court costs in the amount of $200 as permitted by Florida Statute 162.07 and Pensacola municipal code and specified that if corrective actions are not completed by Jan. 27 a daily fine of $25 per day will begin to accrue on Jan. 28, 2025.
The record indicates the fences run along contiguous street frontage and staff noted some redundancy in photographs because the fenced sections are contiguous across the three parcels. The hearing officer also asked whether any respondents had contacted the building department; staff said the owner had been in contact only with the city arborist on a related tree question and not with the building department about the fence work.
Earlier in the session the hearing officer granted a partial continuance for 517 Ditmar Street: the unpermitted tree-removal portion of that case was continued while the fence-construction portion was heard and ordered. The continuance was limited to tree removal; the fence construction matter at 517 Ditmar was considered and resulted in the corrective-order outcome described above.
No roll-call votes were recorded; the hearing officer issued the orders based on the testimony, photographs and documentary exhibits presented by city staff. If the respondents comply by the Jan. 27 deadline, the orders will be closed; if not, daily fines and court costs may be assessed and collected as directed by the hearing officer.
