Attorney says code notices lacked specifics; Vero Beach board orders Highland Avenue properties to correct planting violations within 90 days

At a City of Vero Beach code enforcement hearing, attorney Barry Siegel told the board that amended notices for Highland Avenue Properties did not include the brief factual description required by city code and therefore denied his client basic due process. “My client is entitled to a very basic due process,” Siegel said, arguing the notices only recited ordinance language without describing what needed to be cured.

The board opened the case (24CE13782) after staff explained the citations concerned plantings placed in the public right of way that require a right-of-way permit. Public Works chief surveyor David Gay said the east side plantings had been handled with after‑the‑fact permits in the past and that clusia hedges had been grandfathered, while the west side plantings lacked permits and would need either removal or permitting to conform with the ordinance.

The dispute centered on procedure and remedy: Siegel pressed that notices should identify the factual nature of the violation and the cure, while staff and some members said the citation language (“plantings in the right of way”) and Public Works follow-up provided sufficient guidance to cure the issue. Property representative Kenneth Cooper said the owner had previously pulled permits for some sites, had moved palm trees where required and believed the matter had been resolved on several parcels; he said the owner would seek permits for remaining properties.

After deliberation the board found a continuing violation and issued a board order giving Highland Avenue Properties 90 days from the date of the order to correct the violation. The order specified that continuing civil penalties of $50 per day would commence after the original compliance date (noted in the file as 05/06/2026) until corrected. One member recorded objection to portions of the board’s characterization of the notice but supported the 90‑day correction period.

The board and staff urged the property representatives to work with Public Works to determine the precise corrective actions (permit pull or plant removal/move) and to avoid repeat violations that could raise penalties. The board also discussed whether future citations should be written with slightly more factual detail to reduce confusion, but members noted many cases are resolved quickly when permit or contact information is provided.

The order concludes the hearing on this matter for now; the property is to return or notify the board if compliance is not achieved by the deadline.