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Magistrate finds repeat rental violation, cuts requested retroactive fine but imposes penalties
Summary
In a contested case, the magistrate found a repeat rental-license violation at 428 55th Street, imposed a $250 one-time fine and reduced the city's requested retroactive penalty to $50 per day for 280 days after city testimony that $11,000 in rent had been collected.
At the June 17 code-enforcement hearing the Special Magistrate found the owner of 428 55th Street in repeat violation for renting property without a city rental license and without a required certificate of use.
Code enforcement officer Tony Apacella presented documentary evidence and historical case files indicating a prior violation for the same property and said the city’s investigation showed rental activity beginning Sept. 1, 2025. Using the city's calculation the period of noncompliance would have generated retroactive fines of $28,800 (288 days at $100/day). The city also sought a one-time $250 fine.
The property owner, identified in the hearing as Anthony SA, acknowledged collecting rent and said the arrangement had been informal and done as a favor. A witness who served with the owner on a condominium board testified she did not see consistent occupancy for a prior period, but she could not conclusively dispute city evidence for the later rental period. The magistrate noted the city’s documentation and the owner’s admission that money was collected.
Exercising discretion, the magistrate found a repeat violation and imposed a $250 one-time fine. The magistrate reduced the city’s requested retroactive daily penalty from $100 to $50 per day, ordered the penalty to run for 280 days (as applied by the magistrate’s calculation), and required the owner to obtain a rental license and certificate of use going forward. The magistrate explained the reduced rate as a partial mitigation while underscoring that repeat violations justify stronger enforcement.
The order documents that the owner must secure the required licenses and that future rental activity without licensing will prompt stricter enforcement. The magistrate also noted that the city had accepted the newly issued rental license printed as of the day before the hearing.
The decision resolves the contested fines issue for this case but preserves the city’s authority to pursue further enforcement if the owner fails to maintain licenses or repeat violations occur.
