Magistrate certifies $16,500 lien after 65 days of noncompliance at 2815 Estero Boulevard

Special Magistrate John Badang certified a lien of $16,500 against Hemelstein Associates LLC for property at 2815 Estero Boulevard after the town said the property was noncompliant for 65 days following a removal order.

The lien reflects a $250 daily fine assessed for 65 days, plus administrative fees, as described by the town. Officer Yazzo presented photos and an affidavit documenting the timeline and compliance status; the town asked the magistrate to certify the lien for recordation.

Why it matters: certification makes the lien enforceable against the property and starts the local administrative process if the property owner seeks reduction or appeals. The transcript shows the town treats lien reductions as a matter for the Town Council, not for the special magistrate.

Details and timeline: The magistrate’s earlier order in the case began with proceedings on Jan. 7, 2025. Officer Yazzo told the magistrate that the property was returned to compliance on May 5, 2025, but that the interval between the order and compliance totaled 65 days and therefore fines accrued. Officer Yazzo said the town’s computation came to $16,500, “including the administration fees.”

Jeff Walker, identified in the hearing as the property manager for Hemelstein Associates LLC, and Robert Hemelstein, identified as the property owner, told the magistrate they had worked with FEMA and the town on permits and that FEMA’s changed requirements affected their timetable. Hemelstein said, “when we sold these containers, we lost $11,000,” and asked the magistrate to waive or reduce the lien. The town said a formal reduction request would go to the Town Council; the magistrate said he did not have authority to reduce the lien and advised the respondents to present mitigation arguments to the council.

Magistrate John Badang explained that the respondents’ statements were properly directed toward a reduction or mitigation request that must be heard by the Town Council, and said he would certify the lien because the compliance timeframe in his order had been established and the property came into compliance after the period the order allowed.

Next steps: The lien will be certified for recordation. The magistrate and town staff advised the property owners they may petition the Town Council for reduction of the assessed lien under the town’s procedures. The magistrate noted the option to appeal or seek council action but said the special magistrate lacked authority to reduce the lien himself.

Ending: The magistrate certified the lien; the owner may pursue a lien-reduction request with the Town Council under the town’s code and policies.