Special Magistrate Marshman declined the city's request to impose retroactive fines dating to Nov. 14 on two adjacent vacant parcels owned by Lake City Properties, but she issued an order requiring the owner to maintain both lots and warned that future repeat violations could result in monetary penalties and liens.

Mr. Silva, a city code enforcement officer, testified that on Nov. 14 he found both parcels overgrown and photographed them for the case file, and that the parcels had prior overgrowth cases. "They have cleaned the property up, but due to them they've been a repeat offender," Silva said as the city asked the magistrate to assess $75 per day in fines back to Nov. 14 and to start a lien on the properties. The city cited the International Property Maintenance Code, including the weeds provision.

Counsel and manager Alan Alvarez, representing Lake City Properties, and Javier Pelletier, a local representative, submitted photos and described significant cleanup work including use of heavy equipment and many truckloads of fill to level and clear the land. Alvarez said the parcels were cleared in advance of proposed redevelopment and said the owner would maintain the lots going forward. "We are committed to keeping this, pretty and aesthetic and, free of weeds and brush," Alvarez said.

Special Magistrate Marshman said the properties appear to have changed hands since prior enforcement and that, because a new owner is involved and the lots had been brought into compliance before the hearing, she would not find a repeat offense retroactively and would not impose the fines requested by the city. She cautioned, however, that if the properties fall out of compliance again the city could return the matter and she would consider fines and liens based on the evidence. The magistrate noted city code allows a maximum repeat-violation fine (cited by staff) and that weeds are measured at 12 inches or higher under the city's enforcement standard.

Neighbor Mickey Weston asked whether the backyard of one property would be required to be further cleaned; the magistrate said the ordered relief covered the weeds and numeric thresholds that had already been achieved and that other appearance concerns could be the subject of a separate complaint if they persist. City staff asked the owner to email photos used in the hearing to the case file for documentation.

The magistrate's order requires the parcels to remain in compliance; staff will monitor and may return the cases if violations recur.