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Owner’s unsigned site permit leads to $2,500 fine; accrual continues until FDA permit executed
Summary
Magistrate found the Palenzuela property failed to finalize a site permit; a $250-per-day fine beginning Aug. 30 accrued to $2,500 by Sept. 8 and will continue until the property owner signs and the town issues the permit. Administrative costs of $234.05 were also assessed.
The special magistrate on Sept. 8 assessed fines against the owners of 2793 C Road after town staff said a site-development permit remained unsigned by the property owner even though town departments had signed it. The magistrate assessed $250 per day beginning Aug. 30; the magistrate calculated the fine as $2,500 for the 10 days through Sept. 8 and ordered the fine to continue accruing at $250 per day until the permit is fully executed and issued.
Code Compliance Officer John Suarez told the magistrate the case began with a prior June 2 order requiring the property owner to apply for a site-development permit and complete related conditions. Suarez said the town engineer and public-works director had signed the permit on Aug. 26, but the property owner had not yet signed; the permit cannot be issued without the property owner’s signature. Suarez requested a daily fine of $250 from Aug. 30 forward and administrative costs of $234.05 for the Sept. 8 hearing.
No owner signed the permit by the hearing; the owner’s engineer had been present at an earlier proceeding but the owner had not responded to the town’s permit tech email asking for assignment of the permit. Magistrate Sandy Barnard found the owner failed to comply with the prior order’s final condition and entered an order assessing the $2,500 cumulative fine (10 days at $250) for the period Aug. 30–Sept. 8, continuing at $250 per day until compliance. Barnard reaffirmed administrative costs from the June 2 hearing and assessed today's administrative costs of $234.05, payable within 30 days.
The magistrate admitted the town’s evidentiary file and noted the owner had paid permit fees to reach the current stage; the town urged the owner to sign the permit so the town can issue it and end the accrual of fines.
