Special magistrate Luann Warren found on Nov. 5, 2025, that vegetation and debris occupy a recorded drainage easement between 1230 and 1260 South Ocean Boulevard and ordered the owner of 1230 South Ocean Boulevard to bring the easement into compliance within 30 days.

The city presented plats and recorded documents showing a drainage easement recorded in the Delray Beach Shores plat, photographs of vegetation along the property line and two site inspections. Amy Alvarez, assistant development services director for the City of Delray Beach, testified that she reviewed Palm Beach County official records and plats and identified the recorded easement. "Yes," Alvarez testified when asked if the plat showed the easement and if she had reviewed the public records and photographs introduced by the city.

Santa Kevin Hernandez, code enforcement administrator for the City of Delray Beach, said he inspected the property on Aug. 14, 2024, and again attempted a re‑inspection before the hearing. He introduced photographs taken from the public right of way and said vegetation and a fence were located within the easement. "On October on 08/14/2024, after receiving the email from my development services, I inspected the property at 1230 South Ocean Boulevard," Hernandez testified, and the city introduced those inspection photos as exhibits.

Property owner Gary Rice, appearing without counsel, described recent construction activities on the neighboring lot at 1260 South Ocean Boulevard, the removal of pine trees by the developer and replacement plantings he installed after the builder removed vegetation. Rice disputed the city's characterization of liability but acknowledged the existence of the easement and said the situation involved a separate dispute with the developer. "Mister Fernandez has been nothing but a courtesy, professional, and we appreciated his, his manner in which he approached the situation," Rice said, describing his interactions with code enforcement staff.

The special magistrate explained the limited scope of her authority: "My job is to listen to the evidence and read the code sections and decide whether the evidence presented constitutes a violation of the code section. If it does, I enter a corrective order. If it doesn't, I dismiss the case." She said the options for the respondent were to show the easement was invalid, to show there was no encroachment, or to show the encroachment was permitted.

After hearing testimony and reviewing the record, the magistrate made a written finding that the notice and evidence were sufficient and that the property was in violation of Delray Beach Code section 100.01(c) for vegetation within the drainage easement. The magistrate withheld assessment of fines at the hearing and ordered the respondent to bring the property into compliance within 30 days. A fine‑assessment hearing was scheduled after the 30‑day period if compliance is not achieved.

City documents entered into evidence included plats and a 1951 Delray Beach Shores plat showing the original recordation of the drainage easement, a survey, a Google Street View image and inspection photographs marked as exhibits by code enforcement staff. Notices of violation were mailed and posted, and city staff advised they had provided the respondent a copy of the notices.

The magistrate's order imposes corrective action (removal of vegetation from the easement) with a 30‑day compliance timetable and reserves the city's right to assess fines if the property is not brought into compliance.

A hearing on fine assessment was set for 30 days to determine whether penalties should be imposed if the easement remains obstructed.