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Letter to the editor

Deck project ends in headaches

A patch of sea oats is covered with sand, a violation that costs time and money.

By NICK JOHNSON, Times staff writer
Published July 29, 2007

Dr. Kazi Hassan had no idea what he was about to go through when he hired some laborers to replace an old wooden deck behind his property on Madeira Beach.

The workers replaced the deck with brick pavers and had some extra sand left over. Being right there on the beach, they added it to the sand dune behind Hassan's new patio.

But workers had unknowingly covered up a patch of sea oats, a species of plant protected by state law.

That was the start of nine months worth of paperwork and headaches for Hassan after a city worker reported him for a code violation.

Now Hassan says the whole process has cost him nearly $8,000 and lots of time away from his patients.

His pain management clinic has provided him with more than enough money to cover the costs, but he still can't excuse the way he was treated.

"I think people should know what they're up against. A municipality is supposed to be your friend; instead they made me out to be a bad guy," Hassan said.

Officials contend that the dune system must be taken seriously and that Hassan, who had failed to apply for a permit from the city before the work began, was treated fairly.

Because the dune was across the coastal construction control line, it was under the jurisdiction of the Florida Department of Environmental Protection.

"We had control over the patio permit; we didn't have control over the dune," said Paulette Cohen, city community development director. So, she turned the issue over to the state.

In order to make sure that Hassan followed up with the state to fix the issue of the botched dune, Cohen said the case was turned over to a special magistrate who would mediate the case for the city.

The special magistrate, Herbert E. Langford, held hearings to make sure Hassan had gotten permits from the DEP to plant new sea oats. But dealing with the state takes time, and Hassan was forced to attend hearings monthly.

"Once he finally achieved the permit, we stepped away," Cohen said.

But the bill for the hearings was $3,000, on top of the original fine and the cost of hiring an engineer.

"Once the city had the first hearing and he paid his fine and told them he had hired an engineer, they could have let it go right there," said Andy Nichols, the coastal engineer who has been working for Hassan.

Hassan said he took full responsibility and was ready to solve the problem the first day he went before the magistrate. "You accept responsibility, and still they make you jump through hoops for nothing," he said.

It took months to get a permit from the DEP, and now he has to wait for turtle season to end in November before he can start replanting sea oats.

Nicole Elco, who oversees coastal management for Pinellas County, said that what Hassan experienced was all standard procedure.

"Most people get permits before they go to construction and try to avoid this type of problem," Elco said, explaining that damaging the dunes can leave the homes more vulnerable to storms and flooding.

Hassan has since hired an attorney to investigate the bill for 20 hours he received from Langford, saying he doesn't want to be overcharged, not because of the money, but the principle.

"Suppose I was not rich, what would happen," Hassan asked. "It's by the bless of God I had the $3,000 to pay these people what they're asking."

Nick Johnson can be reached at nickjohnson@sptimes.com or 893-8361.

[Last modified July 28, 2007, 20:51:41]