Magistrate reduces lien for David Tucker; fine cut by $500

Special Magistrate Erica Augello granted a lien reduction request for David Tucker, lowering fines originally imposed for code violations. The order reduced the total fines from $3,000 to $2,500 and confirmed $330 in administrative costs, with the magistrate explaining she considered storm damage evidence but was not persuaded to reduce the fines further given post‑storm rental activity.

Code enforcement manager Pete Dewar presented the city’s position that the property had not sustained substantial damage as determined by the city building official and that the original fines should stand. Dewar noted the city’s file did not show substantial repair permits for the property and that rental activity occurred after the storms.

David Tucker provided a notarized sworn statement of loss and claimed approximately $135,000 in damage to the property, describing roof lifting and water damage that he said required removal of roofing and would reveal additional hidden damage.

The magistrate said she recognized the property owner’s storm damage claims but noted the record showed portions of the property had been rented after the storms. Weighing equity and the facts in the record, she reduced the assessed fines by $500 and confirmed the requirement to pay $2,500 plus $330 administrative costs, payable within the period stated in the magistrate’s order. If not paid by the deadline, the order noted, fines could revert to the original amount.

Ending: The magistrate ordered the reduced lien amount and directed staff to issue the written order and send it to the property owner.