Magistrate finds Curtis property in compliance but assesses administrative costs

Special Magistrate Erica Augello on Monday found that the property owned by Genevieve Curtis is in compliance with the cited code sections but ordered payment of $330 in administrative costs for the city’s attendance at the hearing.

City staff reported remaining concerns limited primarily to three trees that an arborist had identified as possibly needing removal. Steve Rivera of the city said one of the trees was registered and tagged; an earlier dead tree had been removed and crews had cleared brush and debris. The city arborist provided photos and a written note circulated to the magistrate.

Robert Curtis, son of the owner, testified that the house is presently unlivable and that family health issues and ongoing repair decisions had limited in‑person oversight; he provided photographs showing substantial cleanup. He also said the family had repaired many of the cited issues and that the surviving trees were showing new sprouts and signs of recovery.

Augello reviewed the arborist’s inspection notes and the respondent’s photographs and testimony and determined that visible conditions did not constitute a nuisance under the cited code for dead branches, fronds or trees. She noted one tree that might not survive but said it was not among the trees cited in the hearing. "I am gonna find that the property is in compliance with the city's code and with my previous order," Augello said, while adding she would assess $330 in administrative costs for the city's effort to bring the matter before the magistrate.

The magistrate asked the respondent to ensure the city had a correct email address and said she would prepare a written order to that effect. Augello warned that if the trees deteriorate and the property later falls out of compliance the city may re‑cite the owner.