Magistrate fines Elizabetha vendor $4,000 after resident video shows unauthorized trash removal
July 24, 2025 | Delray Beach, Palm Beach County, Florida
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A special magistrate found that an unauthorized vendor removed trash from Elizabetha, 32 East Atlantic Avenue, and imposed a one-time $4,000 fine after a resident’s video and photos documented the activity.
Why it matters: The city has an exclusive franchise agreement with Waste Management for municipal trash removal. City staff said outside vendors that remove garbage from private dumpsters create public-safety and sanitation issues and are prohibited under City Code section 51.15.
What city witnesses said: Code Enforcement Officer Delinda Witkowski testified she received a July 14 complaint and a short video showing a white pickup truck with a trailer removing trash bags from Elizabetha’s dumpster area on July 13. Witkowski said the city had earlier distributed flyers explaining the exclusive contract with Waste Management and that a manager at Elizabetha signed for receipt of the flyer in December 2024.
Complainant testimony: Kimberly Mallon, a nearby resident, testified she provided the video to code enforcement and described repeated problems with litter and blocked access in the alley behind Elizabetha. Mallon said the unauthorized activity had created egress concerns for residents and animal-safety issues from food left for birds.
Respondent and contractor: Eric Rubinstein, representing a waste-broker firm that bills the restaurant, acknowledged the individual in the video “should not have” been removing material from the dumpster and said the contractor’s purpose is to avoid contamination charges and manage billing. The company said it has cooperated and educated its crews after the incident.
Magistrate’s decision: Magistrate Wagner found a violation of code section 51.15, characterized the act as “irreversible and irreparable” for purposes of the hearing, and assessed a $4,000 one-time fine, payable within 30 days or subject to a lien on the property. Wagner said the fine was reduced from the city's suggested $5,000 because this was the first enforcement of this type for the respondent; he warned that repeat violations could yield larger penalties.
Next steps: The fine is due within 30 days; the magistrate noted the city will continue to educate businesses and monitor for recurrence.
Why it matters: The city has an exclusive franchise agreement with Waste Management for municipal trash removal. City staff said outside vendors that remove garbage from private dumpsters create public-safety and sanitation issues and are prohibited under City Code section 51.15.
What city witnesses said: Code Enforcement Officer Delinda Witkowski testified she received a July 14 complaint and a short video showing a white pickup truck with a trailer removing trash bags from Elizabetha’s dumpster area on July 13. Witkowski said the city had earlier distributed flyers explaining the exclusive contract with Waste Management and that a manager at Elizabetha signed for receipt of the flyer in December 2024.
Complainant testimony: Kimberly Mallon, a nearby resident, testified she provided the video to code enforcement and described repeated problems with litter and blocked access in the alley behind Elizabetha. Mallon said the unauthorized activity had created egress concerns for residents and animal-safety issues from food left for birds.
Respondent and contractor: Eric Rubinstein, representing a waste-broker firm that bills the restaurant, acknowledged the individual in the video “should not have” been removing material from the dumpster and said the contractor’s purpose is to avoid contamination charges and manage billing. The company said it has cooperated and educated its crews after the incident.
Magistrate’s decision: Magistrate Wagner found a violation of code section 51.15, characterized the act as “irreversible and irreparable” for purposes of the hearing, and assessed a $4,000 one-time fine, payable within 30 days or subject to a lien on the property. Wagner said the fine was reduced from the city's suggested $5,000 because this was the first enforcement of this type for the respondent; he warned that repeat violations could yield larger penalties.
Next steps: The fine is due within 30 days; the magistrate noted the city will continue to educate businesses and monitor for recurrence.
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