Special Magistrate Scott Klein found a code violation March 5 against the owner of 8680 Southwest 57th Street for installing pavers and planters in the public swale and ordered the property owner to restore the swale by March 24.

Klein said the work in the swale affects drainage and poses potential hazards for pedestrians and bicyclists and therefore granted the city the option to perform any corrective work and assess the costs to the owner if the violation is not cured. "I'm further ordering that the city shall have the option and right to take those actions reasonably necessary to cause the violation to be brought into compliance and that the cost incurred by the city, shall be passed on as an additional fine to [the owner]," Klein said. He also said he made "a specific finding that there is a health safety welfare issue" created by the conditions.

Inspector Michael Giordano of the Broward Sheriff's Office in Cooper City testified that city staff first inspected the property on Nov. 6, 2024, and that pavers, concrete planters and landscaping features had been placed in the swale, which is city property. Courtesy notice and subsequent notices were mailed; inspections in December and January showed partial removal but not full compliance. Photographs shown to the magistrate documented the garden and pavers in the swale and the recent work Giordano said the owner had begun.

The magistrate acknowledged the respondent had started removing some material but concluded the front-of-house swale remained substantially noncompliant. Klein set a final compliance date of March 24. He said that if the owner does not cure the violation by that date, the magistrate's order will impose a civil fine of $100 per day and a $150 administrative fee, payable within 30 days, and the city may enter the property to remediate and assess the resulting costs as an additional fine.

The magistrate also explained why the city seeks the remediation option: changes to the swale can alter grading or drainage and could send runoff onto neighboring properties or public walkways, creating safety and drainage problems. The owner had removed some pavers and told staff he had ordered materials to complete the work, but as of the March 5 hearing the work remained incomplete.

Klein closed the matter with the compliance deadline and the abatement authority on the record.