Special Code Enforcement Magistrate Steven D. LaRoche granted a continuance in the second compliance hearing for property owner 2120 South Atlantic Avenue LLC and rescheduled the case for June 19, after the owner’s attorney said the property owner must testify about how violations occurred.

The case concerns a property first found in violation in April 2021 with an initial set of 20 violations, including failure to register the vacant building and failure to obtain a Certificate of Compliance Vacant Property (CCVP). The city presented a record showing a single compliance date of Dec. 21, 2021, a follow-up hearing on Jan. 19, 2022 that resulted in an order imposing fines and a lien, and intermittent inspections. The city recorded an affidavit of noncompliance and later received a CCVP application on Nov. 16, 2022, after which an interior walkthrough was scheduled.

Why this matters: the magistrate repeatedly noted the accumulated fines could be substantial — near the $300,000 range referenced in the hearing record — and said the owner’s sworn testimony could affect any fine determination. The hearing covered whether the delays were caused by the owner’s lack of knowledge, contractor issues, or the actions of a property manager.

City code enforcement representative Miss Herstein told the magistrate that, until the CCVP application was filed, staff could not schedule an interior inspection; when the application arrived in November 2022, the city inspected the next day and found two interior deficiencies (a hanging conduit and storage in multiple areas of the vacant building) and about 10 exterior violations. Building official Steve Evans confirmed for the magistrate that he had reviewed the city’s packet and that the photographs presented reflected the conditions documented during inspections.

Attorney Glenn Storch, representing the property owner, told the magistrate the owner, Joseph Ernest, had not been informed of the violations earlier and that the property manager had been fired. Storch argued the owner “was a victim” of the manager’s failures and asked to call Ernest to testify about the timeline and actions taken. LaRoche replied that testimony from the owner would be evidentiary and not merely argument and offered one opportunity to continue the hearing so the owner could be sworn and testify.

LaRoche granted the continuance on Storch’s motion and set the next hearing for June 19 at 9 a.m. The magistrate also ordered that outstanding administrative costs — $234.62 noted on the record — be paid before the matter proceeds; Miss Herstein had additionally requested a $79.69 continuation/copying fee. Miss Herstein said she would supplement the file with any additional materials before the next hearing.

The magistrate emphasized that, because the potential fines were large, he wanted the owner’s sworn testimony on the record before deciding the appropriate penalty. The hearing record shows a continuing inspection history with 13 reinspection forms included in the city’s packet and multiple documented contacts from potential buyers and other third parties but limited direct earlier contact from the owner until late 2022.

Next steps: the case is continued to June 19, 9 a.m.; the city may supplement the evidentiary file and the owner is expected to appear and be sworn. Outstanding administrative costs must be paid prior to resumption of the hearing.