A special magistrate for the City of Delray Beach found that two Atlantic Avenue properties had violated the city's refuse‑screening requirement but reached different outcomes after testimony and evidence at a quasi‑judicial hearing.

The cases involved 32 East Atlantic Ave., listed to Bridal Horizon Investment Corp. (registered agent Samuel J. Kanter) and 8 East Atlantic Ave., listed to Sure Bridal Inc. (registered agent Allen Shearing). Delinda Witkowski, a code enforcement officer with the City of Delray Beach's Clean & Safe division, testified that inspections on Aug. 7, 2025, showed dumpsters and recycling containers were not properly enclosed as required under Section 4.6.0.6(c)(1).

The magistrate summarized the city's position that both properties were required to apply for permits by Aug. 21, 2025, and to obtain approved permits within 45 days (by Oct. 5, 2025). Witkowski said the city mailed notice of the violations by certified mail on Sept. 24, 2025, and that reinspections on Oct. 10, 2025, still showed unresolved conditions at one site.

Case 1 — 32 East Atlantic Ave.:
Delinda Witkowski testified that city records showed an initial permit application but that the permit was in a "respond and resubmit" status with review comments across multiple departments (engineering, fire, historic, structural). Chad Nitsky, identified as the general manager for a tenant (Big Time Restaurant Group), told the magistrate the property owner and tenant were working with a civil engineer and expected to resubmit required documents by the coming Friday.

The city asked the magistrate to order an approved permit within 30 days or to assess a $100‑per‑day fine thereafter. The magistrate said, "I'm gonna give you the 30 days," and ordered that the respondent come into compliance within 30 days or face a $100 per day fine for noncompliance. The magistrate recorded a finding that notice was sufficient and that the property was in violation of Section 4.6.0.6(c)(1).

Case 2 — 8 East Atlantic Ave.:
Witkowski presented photographs taken Aug. 7 and during a reinspection on Oct. 10 showing dumpsters located in the alley and not enclosed. The city's permitting system showed no active permits for the address. Christina Godbout, identified as regional/general manager for Tin Roof (the restaurant tenant), said staff had cleared stored items from an existing enclosed dumpster area and returned dumpsters to that enclosure the night before the hearing. Godbout also submitted respondent photos and a blueprint of the enclosure; the magistrate admitted the material as respondents exhibit R‑1.

The magistrate found that a violation had occurred at 8 East Atlantic Ave. but that the property "has since come into compliance" and therefore declined to impose a fine at this time. The magistrate cautioned that repeat violations could lead to escalated enforcement as a repeat violator.

Why this matters:
City refuse‑screening requirements are designed to keep alleys and public rights of way clear and to limit public‑health and nuisance risks. The magistrate's orders give one property a short deadline to secure an approved permit and allow the other to remain open without fine so long as it remains in compliance; recurrence could trigger steeper penalties.

What happens next:
For 32 East Atlantic Ave., the magistrate's 30‑day compliance order begins the clock for obtaining an approved permit or facing daily fines. For 8 East Atlantic Ave., the file will remain on record as a prior violation; the magistrate warned that subsequent similar violations may be treated as repeat offenses with earlier and higher fines.