Sea turtle season, for the purpose of oceanfront lighting requirements, begins again on May 1 – and so do the fines against restaurateur Djon Pepaj.
As the owner of Sand on the Beach, a restaurant and bar in Melbourne Beach, Pepaj has already accumulated more than $2,000 in fines from last season when the town’s Code Enforcement Board found him in violation of sea turtle lighting codes.
After giving a deadline for compliance, fines started ringing up at $25 per day on Sept. 1, 2018, and continued through the end of turtle season on Oct. 31.
When the season ended, the fines stopped – but they are set to begin accumulating again at $25 per day beginning in May. Leatherback turtles began nesting in March and Loggerheads in April, but the statutory “season” for this ordinance begins May 1.
Hatchlings, which are supposed to be lured by the moonlight out to sea, can be drawn to bright lights on buildings and light poles, causing the turtles to become disoriented and head inland where they often die. On land, the hatchlings can dry out or fall prey to animals and birds. Oceanfront homes, businesses, hotels and condos must shield their lights and install turtle-friendly, amber-colored lighting.
“It’s nonsense,” Pepaj said. “I like turtles, everyone likes turtles. They got this all wrong. They are taking in incorrectly. From (the) beach you see light, but it is not illuminating the beach. I am in compliance.”
In addition to the sea turtle lighting issue, the town said they have evidence to show that this establishment isn’t in compliance with certain other conditions related to seating, signage, landscaping, hours of operation and parking, as outlined in the final development order.
Officials say non-compliance with these issues could result in a revocation of the special exception that allows Pepaj to operate the facility.
Because bars and restaurants are prohibited in Melbourne Beach, a special exception must be granted that allows the town to negotiate with owners over the terms and conditions that need to be in place in order to operate.
Failure to comply with the conditions of a special exception could result in its revocation – and subsequent closure of the business.
In a letter to an attorney for Pepaj in January, former Town Manager Robert Daniels proffered a time frame to address the issues, and asked him to immediately address certain specific issues including securing the garbage bins and ensuring that trash isn’t blowing into neighboring properties, keeping employees from disposing of cigarettes on nearby town property, discontinuing the use of a vacation rental on the property, and not serving customers food and alcohol off premises.
A meeting to address compliance with these issues was scheduled for April 18 but cancelled after the departure of Robert Daniels in March. Elizabeth Mascaro is now serving as the Interim Town Manager.
Town Attorney Clifford R. Repperger Jr. said the meeting will be rescheduled.
“Mr. Pepaj has two long-standing restaurants in Melbourne Beach, which are frequented by our residents and neighboring townspeople,” Mascaro said. “We appreciate his presence in our community; however, he still must adhere to the town’s code of ordinances.”
