Delray Beach magistrate sets deadlines, fines and lien reductions across dozen-plus code cases

Magistrate Wagner presided over a special magistrate hearing in Delray Beach on July 16, 2026, that resulted in compliance deadlines, daily fines and several lien reductions across a slate of code‑enforcement and lien cases involving residential and commercial properties.

The city’s code‑enforcement staff presented photographic evidence and inspection histories for each case. Code officer Shantel Jean Baptiste told the magistrate that 4591 West Atlantic Ave had an April 22 notice and multiple follow‑up inspections documenting outside storage blocking handicap access; owner Dan Hessler acknowledged the back of the property “got out of hand” but said he wanted to be compliant and asked for a reasonable timetable. Magistrate Wagner granted 90 days (to Oct. 14, 2026) for compliance and warned fines of up to $250 per day if the property remained out of compliance.

The hearing included a range of outcomes, front‑loaded by the most procedurally consequential decisions. For a contributing historic property at 401 Northeast 2nd Avenue, Latoya Thompson of code enforcement and Michelle Hoyland of development services said staff found unapproved interior demolition, changed window patterns, and stucco alterations that did not match the building’s contributing historic character. The magistrate adopted the city’s schedule: submit a Certificate of Appropriateness and site‑plan application by Aug. 19, 2026, and obtain required building permits by Nov. 30, 2026; failure to meet those milestones may lead to fines of up to $1,000 per day.

Other enforcement decisions included deadlines of 30 to 45 days for properties cited for missing permits, overgrown landscape, outside storage and maintenance violations. Examples: a missing AC permit at 516 NW 48th Ave (Libien Bernard) drew a 30‑day compliance order (or up to $100/day); combined violations at five platted lots owned by Artist Alley Townhomes LLC received a 30‑day compliance order or $250 fines per violation per case; and a deteriorating seawall/wall repair at 3916 NW 7th Court (Philip Hoffman) was ordered permitted work within 45 days or face $100/day fines.

The magistrate also considered several lien‑reduction requests. In Old Business for 333 NW 8th Ave the magistrate reduced an outstanding amount from $12,100 to $2,400, payable within 60 days, citing documented financial hardship and probate circumstances. For 937 SW 20th Court (issuance after a fire) the magistrate reduced an outstanding lien to $2,500, payable within six months. In another long‑running matter the magistrate reduced an accrued total of roughly $92,854 to $15,000 with a 60‑day payment window; the order stated the full amount would be reinstated if unpaid.

Owners and their representatives raised procedural and factual points during the hearing: some said permits or applications were in process, others said they had trouble getting contractors or had pending litigation (an attorney for Lakeview Loan Servicing said a repossession motion is set for later in July). Magistrate Wagner repeatedly encouraged respondents to coordinate with staff (development services, landscape and building/permit reviewers) and to return if more time or clarification was needed.

The hearing concluded with smaller lien reductions and compliance orders, and the magistrate adjourned shortly before 4:00 p.m. Magistrate orders in these cases impose either specified deadlines for corrective action or reduced settlement amounts tied to payment schedules; failure to comply as ordered may trigger daily fines or recording of liens as authorized by the city code and Florida statute.

Actions at a glance (selected cases ordered or decided at the hearing):

- Case 26690 — 4591 West Atlantic Avenue (Hessler Family LLC): compliance ordered within 90 days (to 10/14/2026); up to $250/day thereafter. (City evidence: photos; officer: Shantel Jean Baptiste.)

- Case 26000764 — 516 NW 48th Ave (Libien Bernard): permit application in process; 30 days to obtain permit (until 08/15/2026) or up to $100/day fine.

- Case 26000783 — 2839 Angler/Anglia Drive: multiple maintenance, parking and outside‑storage violations; found in violation and ordered to comply by August 2026 or face up to $250/day fine.

- Case 26000787 — 415 Homewood Blvd (Leonard J. Salvaggio Revocable Trust): supervisor reported the relevant permit had been issued; case dismissed/closed.

- Cases 26000816–26000820 — Artist Alley Townhomes (216–224 NE 4th St): combined hearing for five platted lots; violations sustained and 30 days to comply or $250 per violation per case.

- Case 26000781 — 2888 Angler Drive (Jenny May Merchant): 30 days to comply (until 08/15/2026) or up to $100/day fine.

- Case 26000727 — 401 NE 2nd Ave (historic property): COA and site‑plan application by 08/19/2026 and building permits by 11/30/2026; $1,000/day fines possible for failure to comply.

- Case 26000778 — 306 SW 15 Terrace (Lakeview Loan Servicing): 30 days to comply or up to $100/day; counsel said repossession hearing is set later in July and asked for time to cure afterward.

- Case 26000772 — 3916 NW 7th Court (Philip Hoffman): ordered to obtain required permits within 45 days or face $100/day fines.

- Case 142017102363 — 333 NW 8th Ave (Old Business): lien reduced from $12,100 to $2,400, payable in 60 days.

- Case 152021012065 — 937 SW 20th Court (post‑fire owner): lien reduced to $2,500, payable within six months; full amount may be reinstated if unpaid.

- Case 162024003389 — 135 SE 5th Ave (Anne Stokes Revocable Trust): after review of notice and repair history, magistrate reduced outstanding to $15,000 with 60 days to pay or revert to full accrued amount.

- Case 26000374 — sign/awning lien (William R. Burke Jr. property): staff recommended 25%; magistrate accepted an order reducing the lien to an amount to be paid within 30 days (payment arrangement discussed).

- Case 26000572 — 138 SW 5th Ave (Kenneth Bigasi Jr. & Michael Lisonbee): magistrate reduced the accrued fine to $200, payable in 30 days.

Magistrate Wagner repeatedly emphasized that many remedies are administrative (permits, COAs, site plans) and urged respondents to work with development services and code‑enforcement supervisors to meet submission requirements. Several respondents were given explicit instructions to coordinate with specific staff units and were told to return for extensions if needed.

The hearing record contains photographs, affidavits of posting and reinspection reports admitted into evidence for each case. No formal votes were taken; the magistrate issued findings and orders based on the presented evidence and staff recommendations. The hearing was adjourned shortly before 4:00 p.m.

Ending note: affected property owners who disagree with these orders may pursue remedies permitted by applicable city rules and Florida law (appeals procedures were not discussed in detail on the record).