County must bolster staff to enforce building rules
A Times EditorialPublished June 30, 2005
Two recent stories in the Times illustrate the need for Hernando County government to be more vigilant than ever in identifying and penalizing those who thumb their noses at rules that sanction building and development.
--A Palm Harbor developer, Mark Maconi, illegally cleared and burned trees on a 187-acre tract of land he owned east of Brooksville. He said he was harvesting trees, not preparing to develop the property, and it was just a coincidence that when plans later were submitted for the housing development, the paths cut matched the proposed placement of the roads.
In the meantime, neighbors allege clearing the land has caused draining and flooding problems on their adjacent properties. That link has not been proved, however, and the county Planning and Zoning Commission is scheduled to hear the proposal and residents' concerns in August.
--Brooksville resident Carey Carlson, a former member of the Withlacoochee Regional Planning Council and unsuccessful County Commission candidate in 2000, told the county Development Department last year that he wanted to build a "picnic pavilion" on property he owns east of Brooksville. He was told he could not unless he built a primary residence on the property.
In January, inspectors found a 744-square-foot furnished house with a kitchen and fireplace, a 156-square-foot bathhouse with plumbing, a patio and a built-in barbecue grill, all behind an iron gate set in stone columns.
Carlson did not have permits for any of the work, but said he planned to get them after the fact.
In both instances, the penalties for not complying with Development Department regulations are relatively nominal: about $2,000 for the illegal land clearing and up to $4,000 for the illegal construction.
But it also demonstrates the willingness of some to break the law, intentionally or not, and suffer only minor consequences if they are caught.
Development Department director Grant Tolbert says the frequency of property owners and builders circumventing zoning and building regulations is growing exponentially with the county's rapid population and economic growth. His staff is overwhelmed by the number of permit requests and that is why he has submitted a budget for the next fiscal year that is about 25 percent more than last year, and includes 22 additional employees.
For a department that is fee-based, or pays for itself, that clearly indicates Tolbert is confident his zoning, building and plans inspectors will uncover enough unlawful activity to justify the budget increase, which is the largest since he took over the department 15 years ago.
As county commissioners begin the tedious process of holding meetings to set priorities for next year's budget, they should recognize that this is not an area where they can afford to skimp.
Tolbert's department is on the front line in protecting property owners from shoddy workmanship and negligence, both of which threaten residents' safety and decrease property values.
Commissioners should be eager to invest the resources necessary to keep pace with burgeoning development, and to enforce the minimum standards for construction and zoning. In addition, they should regularly examine the penalties for violations and be prepared to raise them to levels that make it cost prohibitive for those who disobey the rules.