By: Kate Kimmel
County commissioners voted unanimously Tuesday night to reduce $588,000 in code enforcement penalties tied to a Callahan property to $7,937, concluding a case that began with a special magistrate hearing and prompted a broader discussion about fairness, enforcement and responsibility for inherited violations.
The fines stemmed from code violations issued in July 2022, when county officers cited the property for failure to maintain the site, including tire debris and other trash. Under the county’s code enforcement system at the time, the violations carried a $500-per-day compounding fine until the property was brought into compliance. The penalties accrued under the property’s previous owner.
The current owner of the property is David Sturges, owner of Park Place Investments and former Fernandina Beach Vice Mayor. Sturges, who served on the city commission from 2020 to 2024, purchased the parcel at a tax deed auction in September. He appeared before the county’s code enforcement special magistrate on Nov. 18, stating he was unaware of the liens until four days after closing.
According to city meeting archives, Sturges was a frequent advocate for revisions to the Land Development code and building permit structures. Official minutes from February 2023 show Sturges introduced the motion to terminate the contract of then-City Manager Dale Martin without cause, a move that passed in a 3-2 vote.
Sturges said he sought cleanup bids immediately after learning of the violations and completed the work within 30 days of purchase. The cleanup, he said, cost about $6,500 and involved removing roughly 200 tires and more than 15 tons of trash.
At the November hearing, Sturges asked that the fines be reduced to $407.79, representing administrative costs associated with the violation. Special Magistrate Harrison Poole declined that request, ruling that he was legally required to impose a fine equal to 35 percent of the property’s assessed value. With the parcel assessed at $41,250 in 2022, Poole recommended that the Board of County Commissioners impose a fine of $14,437.50.
That recommendation came before commissioners Monday night for final action. The discussion that followed centered on whether the fines should punish the person who caused the nuisance or the person who later inherited it.
County Attorney Denise May told commissioners that while the magistrate was bound by statute to the 35 percent calculation, the board had broader discretion. Commissioners, she said, could waive the fine entirely or impose any amount up to the total accrued penalties.
Commissioner John Martin argued that Sturges had acted quickly and at his own expense to remedy a problem he did not create, and that imposing additional punishment beyond administrative costs would be unfair. He also noted, however, that the fines imposed in this case should mimic those in similar cases.
“I want to make sure we treat everybody the same,” Martin said. “I don’t want to give anybody any special consideration or anything like that.”
May noted that the commission had previously approved a special magistrate’s recommendation in another case, but said each enforcement action must be evaluated on its own facts. She also cautioned that prospective buyers bear responsibility for researching whether properties carry outstanding liens or fines.
Chairwoman Allyson McCullough agreed, but said she was concerned that excessive penalties could discourage buyers from purchasing and improving neglected properties.
“The property was an eyesore. It is in my district,” McCullough said. “Anytime a property is purchased under new ownership and it’s brought to standard, obviously as a neighbor we’re grateful.”
Seeking a middle ground, Commissioner Gray proposed subtracting the documented cleanup
costs from the magistrate’s recommended fine. That approach reduced the penalty to $7,937.
The commission approved the compromise unanimously in a 4-0 vote, with Commissioner Klynt Farmer abstaining from the vote, citing a business relationship with Sturges.
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