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Cooper City magistrate imposes fees, deadlines and a payment plan in code-enforcement docket

January 08, 2025 | Cooper City, Broward County, Florida


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Cooper City magistrate imposes fees, deadlines and a payment plan in code-enforcement docket
Special Magistrate Scott Kleinman presided over a Cooper City code-enforcement docket during which he found violations on multiple properties, assessed administrative fees, set deadlines for permit applications and inspections, continued several matters to February or March and approved a reduced fine and payment plan for one homeowner.

The most consequential outcomes included an order that the Matthew Woods Condominium Association (the subject of a Building Safety Inspection Program review sometimes referred to in the hearing as the “40‑year” matter) meet every other Wednesday with city staff to provide progress reports; a decision to reduce a single homeowner’s $54,500 accrued fine to $8,175 with a 12‑month payment plan; and an order certifying fines and directing that a notice be posted on the door of a property operating as a short‑term rental while in foreclosure.

The hearing covered more than two dozen docket entries that largely alleged work done without required permits or missing inspection reports under the Broward County amendments to the 2023 Florida Building Code (8th edition). For most cases the magistrate found violations existed; he typically assessed a $150 administrative fee payable within 30 days, set a compliance date, and set daily fines if the compliance deadline was missed. Several matters were continued to a February 5 status hearing or to March for follow‑up.

Key decisions and deadlines

- Matthew Woods Condominium Association (Case EEN24-0052): Magistrate Kleinman found a violation for missing BSIP/40‑year progress and final reports and imposed a $150 administrative fee payable in 30 days. He ordered the building department and the association to hold status meetings every other Wednesday, commencing the next Wednesday, with the project manager and other representatives as needed. The building department must provide the magistrate’s clerk with the punch list and recommended cure times before the February 5 hearing. The matter was continued to February 5 for progress review; the magistrate warned he may impose cure dates and fines if the parties do not agree on a timetable.

- Michael Raul Fonseca (Case EEN24-0008): Mr. Fonseca acknowledged the violation for work done without permits (aluminum pergola, outdoor kitchen, patio pavers) and obtained final permits on Jan. 6. The magistrate found an accrued fine of $54,500 (fine accrual began June 2). Exercising the discretion allowed by the code, the magistrate granted an 85% reduction and reduced the amount owing to $8,175 (15% of the original total). Kleinman approved repayment over 12 equal monthly installments of $681.25 beginning Feb. 1; if the payer misses any installment, the original fine will be reimposed.

- Short‑term rental / 5313 Southwest 103 LLC (Case EEN24-0046): The magistrate found the property was operating as a vacation rental without registration or a short‑term rental permit and noted prior complaints and a pending foreclosure for the parcel. He certified administrative fees and directed recording/collection of fines at $500 per day from Nov. 14 until compliance. The magistrate ordered the compliance/penalty order to be served by mail and posted on the front door of the residence and directed the city to send the order to all addresses listed for the dissolved LLC with the Florida Division of Corporations. The magistrate and city staff discussed enforcement options beyond the magistrate’s typical authority, including referral for further legal action if needed.

Other routine outcomes (selected)

- Cases closed as complied: EEN24-0043 (Shops of Cooper City AP LLC), EEN24-0050 (Corin Tracy Olmstead), and EEN240037 (Rock Church of Hollywood Inc.) were recorded as timely complied and closed (administrative fee for Rock Church was paid Nov. 19).

- Permit renewals / brief continuances: Case EEN24-0013 (Lynette Family Limited Partnership, 9410 Griffin Road) — permit renewed and inspections scheduled; Kleinman levied a $150 administrative fee payable in 30 days and agreed to close the case when the fee is paid. Several other homeowners with applied‑for or in‑review permits were continued to Feb. 5 with instructions to pick up permits or complete review comments before the hearing to avoid fines (examples: cases for renovations at 6 Chestnut Circle (EN24-0012) and 9080 SW 54th Place (EEN24-0044)).

- Building Safety Inspection Program (BSIP) / commercial property follow‑ups: Multiple commercial property owners (including Walmart Source East LP, Regency Centers LP, Tulsa 2 LLC and others listed on the docket for BSIP compliance) were found in violation for missing inspection reports. Magistrate Kleinman typically ordered a $150 administrative fee and allowed a window (commonly until Jan. 30) to file required reports; if reports were not filed the magistrate set daily fines ($250/day in some cases) commencing after the deadline. Some of those matters were continued to March to allow staff to attempt service and report back.

How the magistrate distinguished discussion from formal action

The minutes and on‑record remarks consistently separated discussion (status updates, scheduling site meetings, technical questions about permits and setbacks) from formal findings and enforcement. When the magistrate announced a finding — “I do find a violation exists” — he usually followed with a discrete enforcement action (administrative fee, compliance deadline, and a per‑day fine if the deadline was missed) and a continuance date for status review. For cases where a permit had been applied for and was in review, the magistrate commonly continued the matter but warned that lack of permit application or issuance by the stated deadline would trigger daily fines.

What happens next

Affected property owners who were ordered to apply for permits or to provide inspection reports must meet the stated deadlines (several were directed to apply by Jan. 30 or Feb. 20 depending on the case). The Matthew Woods Condominium Association and the city’s building department must begin biweekly or every‑other‑Wednesday status meetings immediately and deliver the punch list and proposed cure times to the magistrate’s clerk before the Feb. 5 hearing. The Fonseca payment plan order will be mailed to the homeowner and payments are due starting Feb. 1 per the magistrate’s order. The order for the vacation‑rental property will be mailed and posted on the door, and staff will attempt additional service to registered agent addresses listed with the state.

The magistrate closed the hearing after instructing city staff to carry out the orders and to ensure affected parties receive notices of continuances and required meetings.

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