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Owners of Tonda Group property continue lien-reduction request after magistrate explains limits
Summary
Owners asked the magistrate to reduce a $95,750 lien; magistrate and town counsel said local ordinance limits the magistrate's reduction authority (to about 25%), advised petitioning the town council for greater relief, and continued the matter to May 20 to allow owners time to decide.
Reynaldo Daza and Mariela Gorena appeared at the May 4 special magistrate hearing to seek a reduction of a recorded lien totaling $95,750 tied to enforcement actions on property owned by Tonda Group LLC.
Town counsel explained that a recent town ordinance limits the special magistrate's authority to reduce recorded liens: the magistrate may reduce the lien but not to less than 25% of the original amount and not below $5,000. Town counsel cautioned that if the magistrate entered an order reducing the lien to the ordinance-allowed amount, the property owners would be barred from seeking additional reduction from the town council for a one-year period. Counsel added that the council could, by unanimous vote and payment of a filing fee, reduce or eliminate the lien.
Magistrate Andy Barnard summarized the options and asked the owners whether they wanted a ruling from him or preferred to pursue council relief. "So do you want me to make a ruling and reduce it to $23,937.50, which would prohibit you from going to the town council, or do you want to withdraw your request to me and try to get a greater reduction from the town council?" Barnard asked. The owners said they wanted more time to consider their options.
The magistrate granted the respondents' request to place the lien-reduction petition on the May 20 agenda so they can discuss the options and consult with town staff. Town staff said they had offered to meet with the owners to explain procedures and the consequences of each option.
The hearing record shows the owners maintain they remedied earlier violations and contest the accumulated amount. Town staff pointed to the ordinance-limited relief available from the magistrate and explained the separate petition process for council-level relief.
