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Magistrate orders Delray Beach owner to secure fire‑damaged duplex within seven days or face $200‑a‑day fine
Summary
A special magistrate found 45 Southwest Twelfth Avenue in violation of Delray Beach code after inspectors found an unsecured, fire‑damaged unit illegally occupied; the owner must secure the property within seven days or face fines up to $200 per day.
A special magistrate for the City of Delray Beach ordered the owner of a duplex at 45 Southwest Twelfth Avenue to secure the property within seven days or face fines of up to $200 per day after city inspectors found one unit unsecured and illegally occupied despite earlier fire damage. Clean and Safe Officer Connor Lee presented the city's case at the special magistrate hearing.
The order follows an inspection on Sept. 10, 2025, when Clean and Safe Officer Connor Lee said he responded with Delray Beach Police Department officers and a property representative and gained access to the unit. Officer Lee said he found interior fire damage dating to Feb. 2023, including charred ceilings, damaged interior walls, and damaged door and window frames, with no utilities connected to the unit. Lee said a person was living in the unit and was using a garden hose to supply water and multiple extension cords from an external power source to power devices. Lee also identified visible damage to the unit's exposed electrical panel and introduced 14 photographs and two videos as exhibits.
The city issued a notice of formal hearing on Sept. 11, 2025; Lee said the notice was mailed Sept. 12, posted to the property and City Hall Sept. 15, and a reinspection on Sept. 16 found the violation remained. The city recommended seven days to secure the property or imposition of a $200‑per‑day fine.
Terrence Elvis, who told the magistrate he is the son of owner Delia Smith Ellis and resides on the other side of the duplex, said the owner was out of town and that he did not have authority to act on her behalf. He told the magistrate that permits had been pulled about two years earlier and that work has been pending.
The magistrate said the condition presented safety risks and accepted the city's evidence. The magistrate found the notice sufficient and a violation of Delray Beach code section 7.8 0.3, which the city cited in its case, and ordered the respondent to secure the property within seven days or face fines up to $200 per day. The magistrate made those findings and entered the order on the record.
The magistrate's order is the formal outcome of this hearing; the transcript records the findings and the seven‑day compliance deadline.
