Magistrate orders removal of storage container within seven days or reduced lien remains

Special Magistrate Bill Reisman addressed a code-enforcement case against the owner of 1223 Polk Court involving a storage container on the property.

City code staff said the container was installed without a permit and that a prior order had given the owner 125 days to comply; the city recorded fines at $50 per day that had accrued. The city reported a total assessed amount of $2,800 as of the hearing.

Owner Daryl (presented as Daryl Elroyo at the hearing) testified he had purchased the container to store personal property while he was away for months and said he believed the container was permissible; he said he intended to move it. The magistrate told the owner the city's position was the container must be removed to bring the property into compliance.

Reisman said he preferred not to record a lien and reduced the assessed figure from $2,800 to a reduced amount ($250 cited in the hearing transcript). He ordered the owner to remove the container within seven days; if the container was not removed, the magistrate said fines would be applied retroactively. Reisman told the owner he preferred compliance rather than liens and urged prompt removal.

Discussion only: city's documentation of prior order and fines and the owner's explanation. Direction: owner to remove container within seven days. Formal action: magistrate order setting a seven-day removal deadline and reducing the assessed amount to a lower figure rather than imposing a lien immediately.

The magistrate warned that if the container remained after seven days, fines or a lien could be imposed retroactively to the date of the prior order.