Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Enforcement And Fines topic
No spam. Unsubscribe anytime.
Magistrate finds violation for dune trimming, imposes $2,500 fine and 30-day compliance deadline
Summary
Special Magistrate Amber d Bernard found violations at 5910 Old Ocean Boulevard for unauthorized dune trimming and excessive 'hat‑racking' and 'windowing,' ordered a one-time $2,500 fine for irreversible damage, a 30-day compliance window to obtain a vegetation removal permit or a $250/day fine, and administrative costs of $174.44.
Special Magistrate Amber d Bernard found a respondent in violation of multiple town code sections for unauthorized dune trimming at 5910 Old Ocean Boulevard and entered financial penalties and compliance requirements.
Christy Gutt, presenting the town's case, said the matter—filed as PD2026-003—concerned dune trimmings and plantings done without the required permit. Sergeant Pylon testified he reviewed body-worn camera photos and an initial inspection by Officer Gallucio, saying officers first asked workers to stop trimming but the town received later evidence that cutting continued. "They were actively trimming the dunes," Sergeant Pylon said, and later added that photos show a red-circled area where cutting occurred.
Pylon described the work as including "hat‑racking" (aggressive cutting) and excessive "windowing" of sea grape vegetation; he said some trunks exceeded 3 inches in diameter and that in several photos the plants were reduced nearly to stumps. "They literally just kinda chopped it all away," Pylon stated when describing the appearance of the vegetation in the photographs.
Town staff confirmed that the respondents had applied for permits but that no permit was issued because the contractor was not registered; staff told the magistrate the cutting occurred before permits could be issued. The town requested remedies including a one-time fine of $2,500 for irreparable cutting, a $250-per-day fine for failure to obtain the required vegetation removal permit within the compliance period, and administrative costs of $174.44.
After entering the town's composite exhibit, Special Magistrate Amber d Bernard found the respondent in violation of code sections 66-1-61(a), 66-1-61(b)(6) and 66-1-61(f)(2). The magistrate ordered the respondent to obtain the required vegetation removal permit and to finalize permit compliance within 30 days of the order or face a $250-per-day fine for each day the violation continues. The magistrate assessed a one-time fine of $2,500 for the irreparable hat‑racking violation and ordered administrative costs of $174.44 payable within 30 days.
The respondent was not present for the hearing; the magistrate noted the town had posted the property and had certified USPS delivery for the notice. The order memorializes the town's evidentiary showing and the magistrate's findings and will be provided to the parties.
