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Code Board Reiterates Violation for Vegetation Removal at 4787 S. Atlantic Avenue
Summary
The Town of Ponce Inlet Code Enforcement Board found Kevin and Mary O’Donnell in non‑compliance for removal of protected vegetation, assessed a $250 administrative fee, and agreed to dismiss the case once the fee is paid after staff found no clear state permitting direction for sea‑grape trimming.
The Town of Ponce Inlet Code Enforcement Board on Jan. 27 reaffirmed its prior finding that the owners of 4787 South Atlantic Avenue violated the town code by removing protected vegetation.
Code Compliance Manager Hooker told the board that Volusia County does not regulate dune vegetation and that, after staff contacted the Florida Department of Environmental Protection, FDEP 'does not issue permits for sea grape trimming.' Hooker said the vegetation observed is 'growing and is healthy,' and that the owners had complied with the earlier instruction to contact state authorities.
After hearing staff testimony and noting the lack of further state direction, the board voted 5‑0 to find the property in non‑compliance, assess the $250 administrative fee and dismiss the case when the fee is paid. Attorney Damon Chase appeared at the hearing on behalf of the O’Donnells. The board’s order reiterates the prior non‑compliance finding; no additional mitigation plan or higher fine was imposed at this hearing.
