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West Palm Beach special magistrate finds multiple properties in violation, orders compliance and fines; reduces several long-standing penalties

March 20, 2024 | West Palm Beach, Palm Beach County, Florida


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West Palm Beach special magistrate finds multiple properties in violation, orders compliance and fines; reduces several long-standing penalties
A special magistrate for the City of West Palm Beach on March (date not specified) upheld code-enforcement violations for multiple properties, ordered owners to come into compliance within set deadlines or face daily fines, and granted several requests to reduce longstanding civil penalties.

The hearing opened with procedural instructions from the magistrate about sworn testimony and evidence. City code officers then presented individual cases, documenting notices, photographs and reinspection results. For 4006 Miller Ave., Officer Richard Pazmino testified the property was operating a tow-related business without a business license and had outdoor storage and sidewalk-cleaning issues; the magistrate found violations and gave the respondent 30 days to comply or face a fine of up to $100 per day.

In cases addressing swales, parkways and landscape maintenance at 3815 and 3819 Eastview Ave., officers reported soil and debris washing onto sidewalks, sparse or dead grass in swales, and trash cans in public view. Officer Katie Weaver said she photographed the conditions and the city asked for 30 days or $50 per day to achieve compliance; the magistrate ordered 30 days or $50 per day. At 5501 Manning Ave., Robert Watkins documented a range of outstanding violations — boarded windows, overgrowth, outdoor storage and peeling paint — and the magistrate allowed 40 days to comply or a $100-per-day fine.

The magistrate declared 837 4th Street a chronic nuisance after code officer John Frosco testified there had been no owner contact and prior adjudications and abatements. The magistrate entered a service order authorizing the City to abate abatable nuisances and charge abatement costs back to the property owner.

Several long-standing fines were reduced after settlement discussion. Mark Joyce and a representative, Lady Goldwire, described two historic cases for 1531 39th Street with accumulated fines; the magistrate approved a settlement reducing the $21,750 balance to $4,000 (payable in 60 days) and reduced the older $650 case to $100 (payable in 60 days). Trey Miller, representing prior owners on other properties, described repair costs and tenant difficulties; the magistrate reduced fines at 1305 8th Street to $4,200 (payable in 30 days) and approved reductions on two cases at 731 19th Street to $2,500 and $2,900, each payable within 60 days.

Code officers frequently emphasized that certified and first-class mail and posted notices were sent and that photographs taken on reinspection dates showed continuing noncompliance in many instances. The city sought standard compliance windows (30–40 days) and fines that varied with the case history (commonly $50–$150 per day); the magistrate’s rulings matched those requests in most cases.

Not all petitions were for compliance time — several cases were assessed as repeat violations. For 937 32nd Street, Officer Donald Lattimore testified the property was brought into compliance on March 18 but that the city would assess $50 per day for the 20 days it was noncompliant, for a total of $1,000.

The magistrate closed the record after issuing findings of fact and law for each case, giving owners specific compliance periods or fines and, in the chronic-nuisance matter, authorizing city abatement and cost recovery. The hearing recessed and later resumed to address fine-reduction petitions before the magistrate adjourned the session.

Cases at a glance (ordered by agenda item): 1) CN24010401 (837 4th St.) — declared chronic nuisance; City authorized to abate and bill costs. 2) CE24021458 (4006 Miller Ave.) — 30 days to comply or up to $100/day. 3) CE24021385 (3815 Eastview Ave.) — 30 days or $50/day. 4) CE24011262 (417 56th St.) — 40 days or $50/day. 5) KCE23121227 (5501 Manning Ave.) — 40 days or $100/day. 6) CE23110993 (630 33rd St.) — 30 days or $100/day. 7) CE23110997 (639 32nd St.) — 30 days or $150/day. 8) CE24031537 (937 32nd St.) — repeat violation assessed $1,000 for 20 days. 9) CE22060165 / CE06090084 (1531 39th St.) — historic fines reduced to $4,000 and $100, respectively (payments due in 60 days). 10) CE21120269 (1305 8th St.) — reduced to $4,200 payable in 30 days. 11) CE23010140 & CE23030201 (731 19th St.) — reduced to $2,500 and $2,900, payable in 60 days.

Quotes from the hearing illustrate the rulings and process. Code officer Richard Pazmino summarized violations at one property and the magistrate announced the consequence: “Respondent has 30 days to bring the property in compliance or a fine of up to $100 per day may issue.” John Frosco described the condition that led to the chronic-nuisance finding: “It’s in bad shape…they did all that work without permits,” and the magistrate entered a service order authorizing abatement.

Next steps: property owners were instructed to communicate with assigned officers about corrective work and reinspection; the magistrate advised owners that written orders will be mailed and that fines will accrue if compliance is not achieved within the ordered time frames. The hearing record closed and the magistrate adjourned the session.

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