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Haverhill orders owner of unpermitted Tiki Hut to obtain permit or face $100-a-day fine
Summary
A Special Magistrate ordered Lazaro Zuniga to obtain required permits or remove an unpermitted Tiki Hut at 930 Briarwood Drive by Jan. 4, 2027; the town warned a possible $100-per-day fine and assessed $18.25 in costs.
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Special Magistrate William P. Doney ordered property owner Lazaro Zuniga to comply with the Town of Haverhill code by Jan. 4, 2027 over an unpermitted hut at 930 Briarwood Drive and reserved a fine-assessment hearing for Jan. 26, 2027 if the violation continues.
Code Enforcement Officer Joseph Petrick told the magistrate the Town issued a Courtesy Notice on Nov. 14, 2025 and that a building-permit application was filed Dec. 15, 2025. Petrick said no permit had been obtained by March 17 (recorded year in the transcript is inconsistent; treated here as March 17, 2026), so he issued a Notice of Violation and Notice of Hearing. The notices were sent by certified mail, the property was posted, and notices were posted on the Code Enforcement board at Town Hall.
Respondent Lazaro Zuniga testified the hut “was built by a tribe,” and that he provided tribal documentation and a tribal photo ID to the Town. Zuniga said the contracting company (identified in the record as "Sunshine") told him a permit was not required because it was constructed by a tribe, and that he, as a certified electrical contractor, believed he did not need a permit to add electrical work such as ceiling fans.
Town Attorney John Foster cited Section 553.73 of the Florida Statutes, saying a Chickee Hut is an open-sided wooden structure with traditional roofing and without electrical or plumbing and that, to be exempt from the Florida Building Code, such a structure must be constructed by the Miccosukee or Seminole Tribe of Florida. Foster told the magistrate that installing electricity would remove that exemption and that any tribal or state exemption does not eliminate local zoning and setback requirements.
The Special Magistrate’s order sets Jan. 4, 2027 as the compliance deadline. If respondents do not comply, the town may impose a fine not to exceed $100 per day for each day the violation continues; costs of $18.25 were assessed in the order. A Fine Assessment hearing is scheduled for Jan. 26, 2027 at 9:00 a.m. at Town Hall.
