Privacy barrier dispute at 535 Point Lane continued after owner’s attorney says wall pre-dates permits

The Code Enforcement Board continued a contested case over a privacy barrier at 535 Point Lane after an attorney for the owner presented photographs he said demonstrated the barrier predates current permitting rules.

Code Enforcement Officer Melody Sanderson reported the citation alleged a privacy barrier around the pool was constructed without City of Vero Beach Planning Department approval or an Indian River County building permit. The citation was issued April 17, 2026, and the civil penalty has been paid.

Attorney Berry Segal, representing property owner Lisa Mclaughlin, entered photographs into the record (marked Exhibit A) and aerial photographs (Exhibit B) and told the Board the images "show that the fence has been there for at least 21-years." He argued there was no evidence a permit was required at the time the barrier was first installed.

Sanderson said that, based on what she observed, "it appeared to be a new fence" and she entered a contemporary photograph (Exhibit C) into the record. Board members discussed whether an after-the-fact permit would be required if posts were replaced during repairs and asked staff to check Planning Department records for any prior permits or recent wall permits (Sanderson noted a March 2025 permit for a concrete block structure that could be a different wall).

Board members also debated whether the property owner had timely appealed the citation. Counsel said an appeal may have been filed late; given uncertainties and the unavailability of Planning Director Jason Jeffries to attend, the Board continued the matter to the August Code Enforcement Board meeting to allow Planning staff to provide input and to verify appeal timing.

The continuance preserves the Board’s ability to revisit whether an after-the-fact permit is required, whether the owner waived appeal rights, and what corrective steps (if any) are necessary.