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Magistrate orders permit application or removal of fill at 2671 Susanna Lane; six-month deadline if application submitted
Summary
TPK Investments LLC was ordered to submit a site-development permit application for fill placed on 2671 Susanna Lane by April 11, 2025, or remove the fill; if an application is submitted, the magistrate set a six-month period for permit issuance, after which daily fines may apply.
Special Magistrate Don Win ordered TPK Investments LLC to either submit a site-development permit application for fill placed on 2671 Susanna Lane or remove the fill by April 11, 2025. If an application is filed by that date, the magistrate set a six-month outside date for the permit to be obtained; failure to obtain the permit within that time will subject the property to fines assessed retroactively to April 11.
City staff reviewed a long enforcement history for the lot, starting with a separate magistrate case in 2023 under case number 23Dash18 related to fill dirt placed on the property without approval. The transcript shows a variance was denied in September 2023 and a residential permit from 2023 was canceled for inactivity. Staff said a new residential permit application was submitted in May 2024 but review comments were issued and no response has been filed. Staff noted overgrowth observed in 2024 that has since been cut back and that fill remains on the lot.
At the hearing the registered agent, Darlene Tyndall, told the magistrate the property had been under contract for sale and that the buyer later canceled. Tyndall said she had tried to re-engage engineers and contractors but that plan recertification and permit re-submittal would take months and that she could not guarantee a permit could be obtained by April 11. The magistrate adjusted staff’s recommended order: TPK Investments must submit a permit application by April 11, 2025 or remove the fill; if an application is submitted, the permit must be obtained within six months of the hearing date and the respondent must keep code enforcement informed of application status. The magistrate also assessed administrative fees of $234.19 and stated that if the permit is not obtained within the six-month window, a $100-per-day fine will be entered retroactive to April 11, 2025.
The magistrate noted that the order will not immediately create a lien but that future enforcement or recording could follow if compliance is not achieved.
