Landowner’s attorney asks council to move consent agenda appeal after special magistrate order; claims city failed to submit evidence

A representative for a landowner asked the Boca Raton City Council on June 9 to move a consent-agenda appeal (consent item 9d) to the regular agenda so the council would review a special magistrate’s order in a code-enforcement matter.

David Milledge identified himself as representing the landowner and urged the council and mayor to read the special magistrate’s order and recommendation. Milledge said the special magistrate is a “foremost authority in the state regarding these permit and land use issues” and read excerpts from the magistrate’s order that criticized the city’s handling of permit communications. He told the council the city did not submit documentary evidence during the magistrate hearing and that the development services director had testified he lacked the ability to confirm what was required to obtain a fill permit, yet nine days later authored a 14-page letter describing deficiencies in the permit application.

Milledge said the magistrate found the city had not provided a reasonable cure period as required by city code and state law, and that the code-enforcement order found violations of city code sections requiring right-of-way permits. He reported that the city did not respond to the petitioner’s two permit applications for 113 days and that, at hearing, the city representative conceded under oath that it had no documented criteria applied to clearing and fill permits.

When asked by the mayor whether he represented a party of interest, Milledge said he represented the landowner for the property at issue. The council took no immediate action on his request during the workshop; Milledge asked that the council review the magistrate’s order and consider moving the item to the regular agenda for fuller council consideration.