Board finds homeowner in violation over interior remodel; building official warns of safety risks

Town of Lake Clarke Shores Code Enforcement Board · December 7, 2024

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Summary

The board found the respondent in violation in case 24-0391, ordered compliance and set a timeline for inspection after building official Joe Kajak warned the removal of a non-original wall might create structural and electrical safety issues; owner Michael McKenzie agreed to obtain permits.

The Code Enforcement Board of the Town of Lake Clarke Shores found the property owners of 7990 Westlake Drive (case 24-0391) in violation of town code Dec. 4 after staff presented evidence of an interior remodel performed without required permits.

Code enforcement officer Eric Richwagon said a notice of violation was issued on Oct. 17, 2024 for work potentially affecting structure, electrical and plumbing systems. Building official Joe Kajak told the board that photographic evidence suggested a bearing wall may have been altered and that exposed wiring posed a life-safety risk. Kajak recommended an interior inspection and said that, if the interior did not present a life-safety threat, the board could extend a compliance window and limit fines.

Homeowner Michael McKenzie, who identified himself as a certified general contractor and commercial-license holder, told the board the removed wall was not original to the house and that he intended to pull the appropriate permits. McKenzie said he had been working with a remodel company that stalled after requesting a deposit; he said he was willing to allow an interior inspection and to submit demolition or remodel permits.

Board members discussed two enforcement paths that staff offered: a short, 7-day window with a $250-per-day penalty if a building inspector could not confirm safety, or a 30-day compliance period with a reduced $50-per-day fine if the inspector could determine no immediate health or safety issues existed. The board moved to find the respondent in violation of section 10-91(a) and ordered the respondent to comply by the board’s next meeting (01/22/2025); if the respondent failed to comply, fines not to exceed $250 per day could be imposed and a fine assessment hearing was scheduled for Jan. 22, 2025.

Building staff and the owner agreed on next steps: McKenzie was advised to obtain an interior demolition permit or submit plans, allow the building official to inspect the interior, then proceed with required sub-permits for electrical and plumbing work. Staff offered to assist the owner by phone and on the permitting portal. The board’s order aims to ensure any structural or life-safety issues are identified and corrected via the permit process.