West Palm Beach magistrate orders fixes, deadlines and one lien reduction after Dec. 3 code-enforcement hearing

The City of West Palm Beach’s special magistrate, Amity Barnard, issued compliance orders and deadlines in multiple code-enforcement cases at a Dec. 3 hearing, addressing unpermitted commercial work that city inspectors said weakened a sprinkler system, a string of residential maintenance violations, and several business permit disputes.

The most consequential ruling involved a complaint against the Cove Club at 4328 North Flagler Drive, where city staff said unpermitted additions had "compromised the sprinkler system" and created a life-safety risk. City code officer Chris Montello described cuts to sprinkler supports, added kitchen grease duct work that departed from manufacturer specifications, new electrical, and newly installed mini-split units. Assistant fire marshal Thomas with Solik told the magistrate: "The structure is not fully protected with a sprinkler system anymore," and said the site has been operating under a modified fire watch while open to patrons. Magistrate Barnard ordered the respondent to obtain the required permits and correct violations within 75 days or face a $100-per-day fine starting on the 76th day.

Agent Brian Chekis, representing the owner, told the magistrate that consultants and the ownership group had immediately engaged planners, architects and engineers and that "as of yesterday, a building permit was filed with the city of West Palm Beach." He asked for a 90-day compliance window to complete formal zoning review and final inspections; the magistrate declined to grant that long but extended more time than the city requested and set the 75-day deadline, telling the owners she expected active, documented progress.

Magistrate Barnard also addressed a contentious artificial-turf case at 7853 South Flagler Drive that raised questions about state preemption. Code officer Yasmin Law said the property had artificial turf in the front yard and incorrect address-numbering on the structure; landscape planner Megan Michaud explained the city's long-standing prohibition on turf in front yards and the newly pending state rulemaking. The city attorney noted that Florida Statute 125.572 (rulemaking now delegated to the Department of Environmental Protection) is expected to preempt some local turf rules once DEP regulations are finalized. To avoid forcing homeowners to rip out turf that state rules might later permit, Barnard bifurcated the order: 30 days to correct the address-numbering violation and 120 days for the turf matter to allow time for state rule clarity.

Other notable outcomes included:

Votes at a glance

- CEBLD25100847 (4328 N. Flagler Dr., Cove Club): Respondent ordered to obtain required permits and correct life-safety issues within 75 days; $100/day fine to start thereafter if noncompliant.

- CEBLD25070787 (910 31st St., shed): Magistrate granted 90 days to obtain permitting and resolve plan-review comments; $50/day fine thereafter.

- CEBLD24070601 (2001 Florida Ave., historic house): 75 days to resolve outstanding building/historic review comments and obtain permits.

- CE25114282 (7853 S. Flagler Dr.): 30 days to meet numbering standards; 120 days on the turf complaint pending DEP rules.

- CE21110107 (710 10th St.): Magistrate approved a negotiated lien reduction from $214,500 to $21,450, payable within 90 days.

- CE25114350 (705 22nd St., vacant lot): 10 days to abate trash/overgrowth or the city was authorized to abate one time.

Magistrate Barnard repeatedly told respondents and owners she expected active communication with city staff and said mitigation hearings or fine-mitigation requests require detailed proof of good-faith, timely efforts to comply. Where permit applications were in prescreen or revision, staff said applicants needed to be diligent about responding to reviewer comments to avoid repeated failures.

Why it matters

Several orders touched on public-safety concerns (the Cove Club sprinkler compromise and modified fire watch) or on the interaction between local ordinances and pending state regulations (artificial turf). The magistrate’s rulings balance immediate life-safety enforcement with an effort to avoid onerous, potentially reversible actions while state rules are still being drafted.

What’s next

Affected property owners were given compliance deadlines; the magistrate said she would expect to see documentary proof of efforts at any future fine-mitigation hearing. The hearing was adjourned at 11:39 a.m.

Quotes

"The structure is not fully protected with a sprinkler system anymore," — Thomas with Solik, assistant fire marshal, on the Cove Club additions.

"As of yesterday, a building permit was filed with the city of West Palm Beach," — Brian Chekis, agent for the owner, on permit filing for Cove Club work.

"I'm gonna give you 120 days on the artificial turf in hopes that the DEP's rules come out," — Amity Barnard, special magistrate.

Details & provenance

This article summarizes testimony and rulings across the hearing, including the Cove Club case (see transcript SEG 040–SEG 0811), the shed at 910 31st Street (SEG 0812–SEG 1032), the historic house matter (SEG 1033–SEG 1260), the artificial-turf discussion (SEG 1720–SEG 2248), and the fine-mitigation order (SEG 3310–SEG 3377).