Homeowner granted 90 days to address 8‑foot backyard fence or seek variance

The City of Fernandina Beach Code Enforcement and Appeals Board voted April 2 to find the property at 2942 Riverbend Walk in violation of the Land Development Code for an unpermitted 8‑foot fence in a zone that allows a 6‑foot maximum in rear yards. City staff presented photographic and permitting records and said the current owner had not obtained a permit after closing; the city requested 90 days for compliance, authorization to assess administrative costs and a $100 daily fine to begin if the property remained out of compliance.

"The city has provided ample opportunity for voluntary compliance and enforcement action is now necessary," Code Enforcement Officer Crystal Rimes told the board while entering photos and administrative records into evidence. Owner Frances Clark, who attended the hearing, said she bought the house after construction and that the fence was already in place: "I bought this house. It was brand new, never lived in... I assumed it was just part of the new construction." Clark asked for time to apply for a variance and said the higher fence improved privacy and safety for neighbors.

Board members and staff explained that a variance to the land development code is handled by the Board of Adjustments and requires a completed application by published deadlines (the record shows an April 8 deadline for the May 20 variance hearing). Members noted practical constraints, including contractor availability, and that an approved variance would remove the violation but that an after‑the‑fact permit would still be required if a variance were granted.

After deliberation the board approved an order finding the property in violation, granting 90 days to obtain either compliance or a variance and authorizing assessment of administrative expenses. The board set fines to begin at $100 per day after the compliance period if neither a variance nor permit is obtained. The board also instructed staff to work with the respondent on the variance application process.

The board recorded administrative costs incurred by the city at approximately $260.21. The board closed the open session and said the respondent would be notified of the order and timelines. The respondent was given contact information for staff assistance and advised that variance submission deadlines determine when the Board of Adjustments could hear an appeal or variance request.

The board’s decision on this case was procedural; no criminal penalties were asserted and the order provides a defined compliance window and an opportunity to apply for a variance.