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Boca Raton council questions magistrate negotiations after reduced code‑enforcement settlement
Summary
Council members debated a negotiated settlement in a long‑running code‑enforcement case where staff and the magistrate encouraged parties to negotiate; staff said an $87,000 certification was recommended but the negotiated settlement produced a lower $9,100 figure tied to a narrower period of noncompliance. Members asked the city attorney for a legal memo on magistrate authority and proposed an ordinance to give council review in similar cases.
A prolonged council discussion on Aug. 27 focused on a contested code‑enforcement case in which staff had recommended certifying fines of roughly $87,000 based on a $1,000‑per‑day calculation for a period of noncompliance. Development Services Director Brandon Shadd told council the magistrate twice encouraged the parties to negotiate and directed staff to continue discussions; staff ultimately reached a settlement that applied a reduced $100‑per‑day calculation for a specific 91‑day period, producing the $9,100 figure.
Public commenter Jonathan Unjain played clips from prior magistrate hearings and criticized the negotiated outcome as lenient. Michael Marshall, counsel for one of the property owners, disputed parts of the public account and said facts had been developed before the magistrate.
Director Shadd explained the timeline: staff initially sought certification of the full daily fines and denial of an extension; the magistrate declined and urged negotiation, warning neither party would be happy if the judge imposed an outcome without agreement. Staff said the compromise was intended to produce a final compliance deadline and avoid ongoing litigation and potentially broader adverse precedents.
Councilmembers were divided. Some members, including Deputy Mayor Drucker and Councilmember Nacklis, said they were uncomfortable with the small negotiated fine relative to the original certification and urged clearer policy on when council should review magistrate‑era settlements. Others, including councilmembers who sit on the dais, cautioned against second‑guessing staff negotiating within parameters while the magistrate had directed parties to reach agreement. Several members asked the city attorney to research magistrate authority and provide a memorandum, and one member proposed drafting an ordinance that would provide council a review mechanism for certain high‑value code‑enforcement outcomes.
No formal reversal was adopted that night; council asked staff and the city attorney to report back with clarifying legal analysis and possible draft language for a new review process.
