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Magistrate orders unregistered Delray Beach sober home to stop operations or obtain approvals within 72 hours
Summary
The special magistrate found the property at 14947 Watley Road was advertising as a sober living facility without FAR certification or city registration and ordered the owner to cease operations or obtain approvals within 72 hours or face fines up to $5,500 per day.
A special magistrate for the City of Delray Beach ordered owners Dorit and Harry Ann Wittenstein to cease operating or advertising a sober living home at 14947 Watley Road as a recovery residence within 72 hours, or obtain required certifications and city approvals, or face fines up to $5,500 per day.
Code Enforcement Officer Mark Woods testified staff identified online advertisements for a "men's sober home" at the address and that Development Services records show no application for a community residence at that location. Assistant Development Services Director Amy Alvarez testified staff received online postings and had no record of FAR certification for the property; Development Services had flagged the advertisement and added it to the file. The city introduced the advertisement as an exhibit and the magistrate admitted it into evidence without objection.
Owner Dorit Wittenstein and her daughter Michelle told the magistrate they were not familiar with all requirements and that the home currently housed three residents, two in their 70s and one who requires dialysis; the owners said they provide transportation to appointments and that the residents pay to live there. The magistrate explained the city's regulatory framework: FAR certification is required for recovery residences and additional city zoning, separation, and licensing requirements apply; the city's definition of family allows up to three unrelated adults in a single‑family home, and more occupants or a recovery‑focused operation triggers additional permitting.
After hearing testimony and noting the lack of FAR certification and city registration, the magistrate directed the owners to cease operations as a recovery residence or come into compliance within 72 hours. The magistrate said staff would be available to advise on the application process and that if operations continued without required approvals a daily fine of up to $5,500 could be imposed. The magistrate entered findings on the record that notice was sufficient and that the property violated the city code as presented.
