Bay County finds illegal towing activity and fence-height violations at two adjacent parcels; orders removal of towing equipment

Bay County's special magistrate found two adjacent properties — 2728 East Thirteenth Street and 1234 Northeast Avenue in the Cedar Grove area — in violation of local land-development rules and ordered removal of equipment related to towing, repossession or vehicle storage within 10 days, citing evidence of an ongoing towing/recovery operation and fence-height violations.

Robert Clarkson, a Bay County code enforcement investigator, testified that he and other staff documented an assembled fence exceeding allowable heights, a gate left open exposing an RV and other debris, frequent tow trucks and vehicle-related equipment, and what he described as activity consistent with a towing or recovery business. "At this point, I would would say yes because, you know, there's car coming and going in tow trucks. So he's obviously operating a form of business on this lot," Clarkson said.

Clarkson introduced prior administrative and court actions in the file. He said a former county Code Enforcement Board order found operations at the site in 2016 (case CE16-00157) and that a later county complaint led to final summary judgment and a permanent injunction in 2017 (case number 170248CA), which forbids operating a commercial towing and storage business on the property. Clarkson also reported Bay County Sheriff's Office records and repossession logs showing frequent activity reported by a recovery company associated with the site.

Owner James Atkinson appeared and disputed some allegations, saying he uses a tow truck for work and that he does not store repossessed vehicles at the site. "I do drive tow trucks. I do not store any repossessed vehicles there," Atkinson said. The investigator cited evidence including tow trucks on site, a repo license linked to Atkinson and numerous calls for service to the sheriff's office.

The magistrate found both properties (2728 E. Thirteenth and 1234 NE Ave.) are subject to Bay County Land Development Regulations (chapters cited in the file) and are in violation of LDR 603 and related sections. The order requires removal of equipment related to towing, repossession, or vehicle storage within 10 days, but notes the existing permanent injunction allows one tow truck for personal use. The magistrate imposed an initial fine of $500 and a daily fine of $50 beginning after the compliance period and continuing up to 20 days or until compliance; unpaid fines will become a lien. A compliance hearing was scheduled for July 16 at 1 p.m.

Clarkson testified that he sent notices by certified and regular mail and posted notices at the property; some certified mail was left with an individual on site, and other mailing attempts were returned unclaimed. He also testified that the county had previously obtained injunctive relief in circuit court and introduced those court orders as exhibits.

Magistrate instructions required the respondents to contact Code Enforcement about any progress or delays and authorized reinspection to confirm compliance. The case file includes photographic exhibits, sheriff's department tow/repo logs, prior Code Enforcement orders (CE16-00157) and a 2017 final judgment and injunction (170248CA). The magistrate's order takes effect immediately; noncompliance will trigger fines and lien actions and be revisited at the July 16 compliance hearing.

The magistrate allowed the respondent one tow truck consistent with the prior injunction but directed removal of other towing/repo equipment and storage activities from both parcels. The magistrate also noted that operating a commercial repo or storage yard on a residentially zoned parcel is not permitted under the county's LDRs.