Vero Beach Code Enforcement Board upholds parking violation, gives 180 days to correct; orders issued on multiple compliance cases

The Vero Beach Code Enforcement Board found on June 10 that a parking area at 1589 Highland Avenue violates city code but gave the property 180 days to bring the site into compliance or face continuing civil penalties.

At an evidentiary hearing, attorney Barry Segal asked the board to apply the equitable doctrine of laches and decline enforcement, saying his client and former property owner Dr. Art Labella had relied on decades of use. “If there are equitable principles involved it makes it unfair to take certain actions based on the amount of time that has passed and Code Enforcement cannot come back later and enforce it,” Segal said. City Engineer Danessa Chambers presented photographs showing rutting, a cracked meter box and sediment runoff that she said destabilized the ground and could discharge into the storm system.

City Attorney John Turner told the board laches did not apply because the City had not participated in or sanctioned the arrangement: "Laches does not apply in this case," he said. After deliberation, Chairman Eric Price moved for a Board Order requiring correction within 180 days from the order date; the motion also directed payment of an initial $50 civil penalty and set continuing civil penalties at $50 per day after the original compliance date. The motion passed 5-1, with Vice Chairman Stephen McDonald voting no.

The board also resolved several compliance matters during the afternoon session:

- 1825 14th Avenue (Lizs At Vero Beach LLC): The board found continuing storage of furniture, carts and debris in violation of the Land Development Code and ordered correction within 45 days from the Board order or continuing civil penalties of $50 per day; Registered Agent Victor Quezada told the board he paid the initial civil penalty at the hearing and has started cleanup. The board separately ordered correction of an unpermitted dumpster enclosure at the same address within 60 days or continuing civil penalties of $100 per day while the enclosure lacks the required operable doors and slab for Solid Waste service.

- 2064 Atlantic Boulevard (JSPA & Associates Renovation Group LLC): A repeat temporary sign violation was shown to be corrected; the board ordered payment of the $150 initial civil penalty.

- 11 Starfish Drive (Walter R. Brown & Christine C. Brown / MacEvoy Real Estate): A repeat real estate sign violation was corrected; the board ordered payment of the $100 initial civil penalty.

- 1995 34th Avenue (Deborah M. Darnell): Code Officers and the City Engineer demonstrated that Areca palms at the corner obstruct the state road sight triangle. Property owner Deborah Darnell said she is "willing to comply and work with the City" but noted the effort would be a physical and financial burden; the board ordered correction within 45 days or continuing civil penalties of $50 per day and payment of the initial $50 penalty.

- 2135 18th Street (Simon Holdings LLC): Staff reported the property submitted an application to Planning and Development on March 20 and was given 60 days to secure approvals; as of the hearing no update was available and the board noted the property remains not in compliance and that civil penalties will begin to accrue after the original compliance date.

Several items were pulled from the agenda after staff reported compliance, payment of penalties, or requests for postponement, including RSJW Holdings LLC, Schlitt Brothers Properties LLC, Lisa H. McLaughlin (pool privacy barrier) and cases tied to estate or procedural matters.

The board’s decisions were administrative: orders require correction, civil penalties and reappearance if necessary. The City Attorney clarified the board’s role is limited to fact-finding and liability for violations; appeals or requests for policy relief would go to the City Council or through the appeal process.

The meeting adjourned at 3:13 p.m.