At its Monday night meeting, the Safety Harbor City Commission had a lenghty discussion before ultimately reducing $436,865 in code enforcement fines levied against a resident who built a basketball court and added pavers to his driveways without permits to $10,000.
The case has dragged on since Feb. 19, 2020, when the owner of 910 S. Bayshore Blvd. was found in violation of city code for building a basketball court without a permit and on wetlands. The owner told Commission that he didn't know he needed a permit, but after being cited, attempted to find a way to reconstruct the court in an environmentally friendly way. Unable to do so, he sued the city, and eventually the two sides were ordered into mediation.
During that three-year process, the same owner added pavers to his driveway without a permit and was cited.
The homeowner is now in compliance on both issues, and told Commission Monday night he just wanted to be done with the process and requested a 100 percent reduction in the fines, though he was willing to pay $2,818.91 in fines on the second case.
Under city code, the $424,821.07 in fines on the first case was eligible for reduction to 70 percent ($297,374.75) with staff, based on extending circumstances, recommending a reduction to $127,446.32. For the second case, the $12,044.55 in fines were eligible for a reduction to $9,635.64, with staff recommending reducing it further to $2,818.91.
However, code allows City Commission latitude in determining the final amount.
Commissioners agreed that the overall fine, and even the recommended reduced fine, was way too much, with Commissioner Cliff Merz wondering whether daily fines should be paused if the case is in litigation.
Ultimately, Commission voted unanimously voted to assess a $10,000 total fine, be paid within 90 days or the original fines would be reverted to.