ANNA MARIA – City commissioners have reduced a builder’s potential fine for beginning work without a permit from $29,331 to $2,500.
On Aug. 2, the city issued a stop work order to the Eason Builders Group for preliminary construction activities at the vacant residential property at 226 Periwinkle Plaza without a city-issued building permit.
In an Aug. 8 memo he sent to the city’s building official, Eason Builders Group (EBG) owner Scott Eason requested the building official rescind the $29,331 triple permit fee fine and lift the stop work order because a mistakenly installed temporary power pole (T-pole) was removed from the construction site and no electrical connections were completed.
When appearing before the city commission on Aug. 24 seeking a reduced or forgiven fine, Eason said his father-in-law mistakenly delivered the premanufactured T-pole to the property before a building permit was obtained.
City Planner Ashely Austin said the construction activities that began prior to the issuance of a building permit included the T-pole installation, the delivery of a portable toilet and the placement of silt fence stakes.
Austin said a contractor does not have the authority to engage in those activities before a permit is issued.
She also said, “The building department policy is to issue a stop work order and assess a double permit fee application penalty for such actions, hence the term ‘triple permit fee.’”
Austin said the proposed $29,331 triple permit fee would have been twice the amount of Eason’s original $14,665 permitting fee.
Eason said the silt fence was installed when the previous structure was demolished in late 2022.
Commission Chair Mark Short asked if the commission could reduce the fine rather than assess the entire full triple permit fee or waive the fine completely. Austin said the commission had the authority to do as it wished and City Attorney Becky Vose agreed. Austin said the city has imposed triple permit fees several times in the past and she’s not aware of a triple permit fee being reduced.
Commissioner Jon Crane said he doesn’t want to see the city’s permitting processes and building ordinances ignored, but he also felt a $29,331 fine in addition to the original permitting fee was quite high. Craine said he doesn’t want to discourage development, but he also doesn’t want contractors and builders acting like “cowboys.”
Commissioner Deanie Sebring also felt the proposed fine was excessive in relation to the activities that occurred.
Commissioner Robert Kingan said he’d be inclined to forgive one simple mistake, but several violations occurred at the same site.
Participating in the discussion by phone, Eason’s attorney, Jason Miller, said he felt the proposed fine was excessive in relation to the mistake that occurred regarding the delivery of the T-pole. Miller said there was no cavalier or cowboy-like behavior involved, and he suggested a fine of a few hundred to a thousand dollars and a warning to strictly abide by the city’s building regulations. He noted Eason was also incurring attorney fees as a result of the transgressions and delays with starting the construction project.
Crane then made a motion to waive the triple permit fee and impose a $2,500 fine instead. The other commissioners unanimously supported Crane’s motion.
