Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Code Enforcement topic
No spam. Unsubscribe anytime.
Special magistrate fines Portofino at Ocean Ridge $5,000 for unauthorized dune trimming
Summary
Special Magistrate Amity Barnard found Portofino at Ocean Ridge Condo Association Inc. in violation for trimming sea grapes on a town right-of-way, imposing a $5,000 fine and administrative costs payable within 30 days; the association’s representative said the contractor acknowledged the mistake.
Amity Barnard, the special magistrate for the Town of Ocean Ridge, found Portofino at Ocean Ridge Condo Association Inc. in violation of section 66-161 for trimming sea grape vegetation on a town-owned right-of-way and imposed a one-time fine of $5,000 plus administrative costs, payable within 30 days.
The ruling followed the town’s presentation of photographs, affidavits of posting and hand-delivery receipts and testimony from town staff. The magistrate said the trimming was an "irreparable, irreversible violation" and explained she had been lenient in a prior, related case but would impose the town’s requested penalty for a second offense. "Given that irreparable, irreversible violation, I will impose a 1 time fine of $5,000... Those are payable within 30 days," Barnard said in her ruling.
Town counsel Christie Gautam told the magistrate the town had approved a dune-trimming permit for the adjacent Portofino Dunes but that the contractor cut vegetation beyond the area approved in the permit. The town asked the magistrate to assess a $5,000 fine for the second-time offense and the town’s administrative costs of $214; counsel noted the last assessment following the earlier cutting had been $1,500.
Town Manager Michelle Heiser told the magistrate that town staff had discussed the matter with HOA representatives and the association's attorney after the prior hearing. Heiser said the town had contracted to replant portions of the sea grapes and had paid about $1,500 so far. "We see the overall projects, including the 1,500 that we're paying now, to be around the $5,000 mark," Heiser said, and asked the magistrate to consider those remediation costs in the remedy because this was a repeat violation.
A representative who identified herself only as Rita testified that the contractor "acknowledged it" and that she intended to pass any resulting costs on to the contractor. The respondent did not present the contractor at the hearing.
The magistrate entered the town's evidentiary composite exhibit into the record, found that the town had provided proper service, and concluded the trimming could not be undone. Barnard warned that continued trimming of the town's property by the contractor would result in further citations. The order and related paperwork will be provided to the parties following the hearing.
