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Code board imposes $250-per-day fine after finding commercial shed violation

Town of Lake Clarke Shores Code Enforcement Board · August 30, 2024
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Summary

The Town of Lake Clarke Shores Code Enforcement Board found a commercial shed installation in violation of a June order and imposed a $250-per-day fine beginning Aug. 29, 2024, to run until the property achieves compliance, the board said.

The Town of Lake Clarke Shores Code Enforcement Board on Aug. 28 found respondents in case 24-0246 — a commercial shed installation cited in a June 5, 2024 order — failed to comply and voted to assess a fine of $250 per day beginning Aug. 29, 2024, until compliance is achieved.

Eric Richwagen, the town’s code enforcement officer, told the board that the property had not submitted the required permits or passed final inspection. "It will remain in violation until the final inspection is done," Eric Richwagen said. The board moved and seconded a finding of noncompliance and the motion carried after an aye vote.

The board’s action followed Eric’s presentation of the case file and evidence that the shed was installed without the permits required by the town code. Board members discussed the timing of enforcement and whether mitigating circumstances applied; the council concluded the work was not authorized and the fine should commence on the date specified in the order. The board also directed that town costs for prosecuting the matter be assessed to the respondent.

Under the motion, fines accrue daily until the town receives documentation that the violation has been corrected and any required inspections have been completed and passed. The board did not record individual roll-call votes in the hearing transcript; the chair called for aye votes and the motion carried.

The board’s order and any assessment notices will be prepared and delivered to the respondent; if fines are assessed, the town may set a separate fine-assessment hearing at a later date.