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Special magistrate gives Downing Street owner more time, sets fines or continuances in four code cases

Special Magistrate (Code Enforcement) · April 23, 2025
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Summary

At an April 23 special magistrate code-enforcement hearing, the magistrate amended one compliance order to allow the owner of 824 Downing Street until May 15 to obtain permits, continued multiple permit-review cases to May 28, and imposed or confirmed reduced daily fines for two properties while explaining lien and appeal consequences.

At a special magistrate code-enforcement hearing on April 23, 2025, the magistrate amended the compliance order for 824 Downing Street and set deadlines or fines in several other property cases after hearing staff reports, owner testimony and neighborhood concerns.

The magistrate found the property at 824 Downing Street in violation of section 26-171(a) (permits required) but modified staff’s recommended sanction to give the owner until May 15, 2025, to have either a demolition permit or renovation permits issued. The magistrate said, “we are going to give you until May 15,” and warned that if permits are not issued by that date a $50-per-day fine will begin to accrue, capped at $15,000; the matter will return to the magistrate’s calendar to confirm compliance. Casey Statenbeck, the property owner, told the hearing the garage had historically straddled two lots, described following staff guidance through the permit and variance process, and asked for additional time or for the work to be accepted under the current plan. "I wasn't told that at sale when I bought the house," Statenbeck said, describing surprise at the noncompliance finding.

Magistrate and staff clarified the statutory penalty framework during the exchange. Staff explained the hearing notice language and that an alternative flat fine of up to $5,000 applies only in limited, irreparable cases; the statutory maximum for repetitive daily fines is $15,000. Barb Babalak, code enforcement supervisor, answered an owner question about liens: "Once a lien is placed on his property, the lien is there for 20 years," she said, and noted that lien satisfaction does not automatically erase the underlying violation.

The magistrate continued a permit-review case for 780 Pineshore Circle (CCSM 0535-2024) to the May 28, 2025, hearing so the owner can complete a permit in review. For a separate matter at North Orange Avenue (CCSM 0638-2024) staff reported a resubmittal requirement and said Clancy Construction had taken over the job; that case also was continued to May 28 to allow the review to proceed.

At 2016 Woodland Avenue (CCSM 0608-2024), neighbors described a long-running property deterioration and safety concerns. Penny Hall, who said she has lived next door for nearly 30 years, called the rear structure a "health hazard" and urged enforcement. Owner Robert F. Jarvis Jr. asked for extra time because of recent lost wages and pending surgery. After hearing testimony, the magistrate found the property in violation and set a reduced daily fine totaling $160 per day (a $20-per-item rate covering eight outstanding items) to begin 04/23/2025, capped at $10,000, and asked the respondent to coordinate closely with city staff on remediation and reinspection.

On 602 Ball Street (CCSM 0916-2024), staff reported vehicle-storage issues had been resolved but a fence permit remained outstanding. Property owners said they expected the fence permit to be issued; the magistrate issued a stern written warning and gave the owners until May 1, 2025, to secure the fence permit. The magistrate said that if the permit is issued the matter will be administratively resolved but that a repeat violation in the future would be treated as a repeat offense and could trigger immediate fines.

Next steps: 824 Downing will return to the magistrate’s calendar after the May 15 compliance date; the Pineshore and North Orange permit reviews were continued to the May 28 hearing; and unresolved matters (if not corrected by their stated deadlines) will be subject to the fines and lien processes described at the hearing. Owners were repeatedly advised to consult independent counsel about appeals and lien consequences.

Cases at a glance: 824 Downing Street (C0258-2024) — amended order: permits issued by 05/15/2025 or $50/day (cap $15,000); continued to confirm compliance. 780 Pineshore Circle (CCSM 0535-2024) — permit in review; continued to 05/28/2025. 2016 Woodland Avenue (CCSM 0608-2024) — violation found; reduced fines totaling $160/day commencing 04/23/2025; cap $10,000; coordinate with city. North Orange Avenue (CCSM 0638-2024) — resubmittal required; continued to 05/28/2025. 602 Ball Street (CCSM 0916-2024) — stern warning; fence permit due 05/01/2025 or $25/day fines may apply.

Reporting note: quotes and attributions in this article are drawn directly from the hearing transcript. The magistrate, staff and named speakers referenced their roles during testimony; legal and procedural guidance mentioned at the hearing reflects the magistrate’s and staff’s explanations and the code sections cited during the hearing.