Boca Raton Council Upholds $13K Fine for Home Kept in Derelict Condition

A home on SW 18th Avenue in Boca Raton that received a $13K fine for being kept in a poor condition – now in compliance in Oct. 2024.. (Photo: Boca Daily News)

The Boca Raton city council this week upheld the decision of the city’s special magistrate and affirmed a fine of $13,615 levied against the owner of a rental property that spent years out of compliance, to the ire of neighbors. The homeowner – an investor – had requested the fine be reduced to $3,000 in an appeal to the city council.

According to city staff, the property at 628 SW 18th Avenue, a single-family home owned by BAF Assets LLC and used as a rental property, repeatedly violated the city’s property maintenance and zoning codes over the course of two years and multiple tenants. The fine imposed by the special magistrate – a civil authority who is empowered to hear cases involving code violations – represents three months of noncompliance fined at $150 per day, along with a single administrative fee of $115.

“There was trash and garbage on the property regularly … they did not comply for three months – and that was three months after the order,” said Erin Fitzhugh Sita, deputy director of the city’s Development Services Department.

A home on SW 18th Avenue in Boca Raton that received a $13K fine for being kept in a poor condition. (Photo: City of Boca Raton)

A home on SW 18th Avenue in Boca Raton that received a $13K fine for being kept in a poor condition. (Photo: City of Boca Raton)

The property was initially cited by code enforcement officers on May 13, 2022, for failure to maintain the exterior in a clean and sanitary condition, including the accumulation of trash, litter, and garbage, parking of vehicles on the grass instead of on an approved parking surface, or inside of a garage or carport, and for parking an unscreened boat and trailer on the front lawn. Photos also showed the boat and its trailer hitch jutting out into the right-of-way and the street. The case went to the special magistrate on July 12, 2022, who ordered the trash removed and the boat and vehicles to be properly stored within a week. The fines would only begin to be imposed if the owner did not comply.

By October 19, 2022, the next hearing date, the violations were not remedied and 90 days’ worth of fines at $150 per day were levied. Despite a change in residential tenants in 2023, violations continued to linger intermittently. There were no additional fines imposed on the owner, however.

“They would come into periods of compliance and fall out of compliance,” said Sita. “Rather than take them through the process and asses a new fine, it was more important to reach compliance.”

Dennis Spellman, a code compliance officer with the city, said the fine “for the three violations for three straight months, is actually pretty conservative.”

City officials have openly debated their role in responding to requests to reduce fines over land use and zoning violations recently. Mayor Scott Singer has maintained that the council should not have the authority to subjectively determine whether fines or liens can be reduced or lifted, and should rely on the magistrate’s decisions. Other council members have argued that special circumstances sometimes exist that necessitate a discussion directly on the part of elected officials. There have also been disagreements on whether residential homeowners receive less in the way of leniency as compared to major developers.

“I feel that the fine is excessive given that the intent of the code is to get compliance,” said Councilman Marc Wigder. “Compliance was eventually achieved by no small means by the new property owner. They’ve incurred significant expense by doing so.”

A home on SW 18th Avenue in Boca Raton that received a $13K fine for being kept in a poor condition – now in compliance in Oct. 2024. (Photo: Boca Daily News)

Wigder suggested cutting the fine in half, but received no second when he made a motion to do so. The council would then go on to vote on whether to affirm the magistrate’s decision.

“It’s not fair to the neighbors,” said Councilwoman Fran Nachlas, supporting the affirmation. “This went on for quite some time. We let people get away with this type of thing over and over again, and just by showing up, we’re reducing the fines.”

The fine was upheld in a 3-2 vote, with Wigder and Councilwoman Yvette Drucker casting the dissenting votes.