Consider reduction of $657,158 code enforcement fines for residential property

DATE: January 12, 2026 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen Olmsted, AICP Planning Director RE: Request for Reduction of Code Enforcement Fines Paul and Judy Embury; 12101 SW 69 Court PETITION REQUEST Paul and Judy Embury have submitted a request for reduction of fines and penalties that have accrued related to previous code enforcement violations at their home located at 12101 SW 69 Court. As of December 31, 2025, outstanding code enforcement fines and penalties in the amount of $657,157.60 are due. Mr. Embury has offered to pay outstanding administrative costs in the amount of $565.59. A copy of Mr. and Ms. Embury’s Mitigation request is attached for the Village Council’s consideration. The history of this case began in 2010 when Mrs. Embury, as “owner-builder”, obtained a permit to remodel her kitchen. Work was ultimately not completed as planned and the permit eventually expired. Following expiration of the building permit, a Notice to Appear before the Special Magistrate was issued. The case was considered on April 17, 2013 and the Special Magistrate issued an order to renew the permit and achieve compliance by June 6, 2013. However, the owners state that due to unforeseen financial difficulties, they were unable to complete the project. Additionally, Mr. and Mrs. Embury indicate in their request for mitigation that further delay and difficulties arose during the COVID crisis. They were eventually able to hire a contractor, complete the work, and close out the permit on November 20, 2025. Between the date of required compliance and the date of actual compliance, fines and interest in the amount of $657,157.60 have accrued. This includes interest in the amount of $201,792.01 and administrative costs in the amount of $565.59. Pursuant to Division 2-150 of the Village’s Code of Ordinances, the Village Council has the authority to consider requested reductions in code enforcement penalties that exceed $100,000.00. A “Fine Calculation Worksheet” including relevant dates and a description of accrued costs and fines are attached. C/ Paul Buckler, RA, Building Director VILLAGE OF PINECREST BUILDING AND PLANNING DEPARTMENT CODE ENFORCEMENT FINE MITIGATION – CASE HISTORY December 31, 2025 GENERAL CASE NUMBER: BC 12-0434 PROPERTY OWNER NAME: PAUL AND JUDY EMBURY FOLIO #: 20-5014-007-0020 ADDRESS OF VIOLATION: 12101 SW 69 COURT TYPE OF VIOLATION: EXPIRED PERMIT (MAST 20100161 – Interior renovaƟon kitchen) NOTICE OF VIOLATION ISSUED: November 17, 2012 NOTICE TO APPEAR ISSUED: March 28, 2013 SPECIAL MASTER HEARING DATE: April 17, 2013 DATE OF REQUIRED COMPLIANCE: June 6, 2013 SPECIAL MAGISTRATE ORDER RECORDED: February 6, 2014 DATE OF COMPLIANCE: November 20, 2025 NUMBER OF DAYS IN VIOLATION: 4,548 FINE AMOUNT PER DAY $100.00 TOTAL DAILY FINES $454,800 DIRECT COSTS $565.59 INTEREST: $201,792.01 TOTAL AMOUNT OWED: $657,157.60 Name Judy Embury Street Address: 12101 SW 69 Court Folio #: 2050140070020 Violation description Expired permit Fine # BC2012-0434 Fine started: 6/6/2013 Came into compliance: 11/20/2025 Effective date: As of 12/31/2025 Date received in Finance 9/24/2013 Village cost to restore: Fine amount 200.00 $ Administrative fee 75.00 $ Certified mail 5.75 $ Billing postage 39.84 $ Attorney fee: 225.00 $ Lien fee: 20.00 $ 565.59 $ Additional Daily Days in Monthly Year fine amount month fines 2013 100.00 $ 207 20,700.00 $ 2014 100.00 $ 365 36,500.00 $ 2015 100.00 $ 365 36,500.00 $ 2016 100.00 $ 366 36,600.00 $ 2017 100.00 $ 365 36,500.00 $ 2018 100.00 $ 365 36,500.00 $ 2019 100.00 $ 365 36,500.00 $ 2020 100.00 $ 366 36,600.00 $ 2021 100.00 $ 365 36,500.00 $ 2022 100.00 $ 365 36,500.00 $ 2023 100.00 $ 365 36,500.00 $ 2024 100.00 $ 366 36,600.00 $ 2025 100.00 $ 323 32,300.00 $ 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Year Fines 4.75% 4.75% 4.75% 4.75% 4.97% 5.53% 6.33% 6.83% 4.81% 4.25% 5.52% 9.09% 9.38% 2013 20,700.00 $ 557.62 $ 983.25 $ 983.25 $ 983.25 $ 1,028.79 $ 1,144.71 $ 1,310.31 $ 1,413.81 $ 995.67 $ 879.75 $ 1,142.64 $ 1,881.63 $ 1,941.66 $ 2014 36,500.00 $ 1,733.75 $ 1,733.75 $ 1,733.75 $ 1,814.05 $ 2,018.45 $ 2,310.45 $ 2,492.95 $ 1,755.65 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2015 36,500.00 $ 1,733.75 $ 1,733.75 $ 1,814.05 $ 2,018.45 $ 2,310.45 $ 2,492.95 $ 1,755.65 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2016 36,600.00 $ 1,738.50 $ 1,819.02 $ 2,023.98 $ 2,316.78 $ 2,499.78 $ 1,760.46 $ 1,555.50 $ 2,020.32 $ 3,326.94 $ 3,433.08 $ 2017 36,500.00 $ 1,814.05 $ 2,018.45 $ 2,310.45 $ 2,492.95 $ 1,755.65 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2018 36,500.00 $ 2,018.45 $ 2,310.45 $ 2,492.95 $ 1,755.65 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2019 36,500.00 $ 2,310.45 $ 2,492.95 $ 1,755.65 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2020 36,600.00 $ 2,499.78 $ 1,760.46 $ 1,555.50 $ 2,020.32 $ 3,326.94 $ 3,433.08 $ 2021 36,500.00 $ 1,755.65 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2022 36,500.00 $ 1,551.25 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2023 36,500.00 $ 2,014.80 $ 3,317.85 $ 3,423.70 $ 2024 36,600.00 $ 2,020.32 $ 3,326.94 $ 3,433.08 $ 2025 32,300.00 $ 3,029.74 $ 454,800.00 $ 557.62 $ 2,717.00 $ 4,450.75 $ 6,189.25 $ 8,289.96 $ 11,242.49 $ 15,179.34 $ 18,878.12 $ 15,050.49 $ 14,849.50 $ 23,322.00 $ 38,405.25 $ 42,660.24 $ 656,592.01 $ 565.59 $ 657,157.60 $ Billed 76 Times Page 1 of 1 Paul and Judy Embury 12101 SW 69th Court Pinecrest, Florida 33156 December 14, 2025 Village of Pinecrest Department of Building & Planning 12645 Pinecrest Parkway Pinecrest, Forida 33156 Reference: Explanation Regarding Unclosed Building Permit Concerning FOLIO: 20-5014- 007-0020, and request for Accumulated Fine Reduction This letter is submitted to provide clarification regarding Building Permit Number: MAST20100161, which was recently closed at the request of the Building Department, for the property located at 12101 SW 69th Court, Pinecrest, Florida 33156. More than fifteen (15) years ago, my wife, the owner of the above-referenced property, applied for a building permit to replace the kitchen cabinets, at that time, she applied for the permit as an Owner-Builder, believing this to be the appropriate and responsible course of action. As we were originally from Canada, we did not fully understand the procedures, requirements, and long-term implications associated with the American building permit process. Shortly after construction commenced, it became evident that our financial resources were insufficient to complete the project in accordance with the approved plans. While the majority of the work was completed, we were unable to finalize the remaining items. An inspection was requested; however, the inspector was unable to approve the work because certain elements did not fully conform to the approved drawings. During this period, our family experienced significant financial hardships and personal challenges, including the loss of a family member, the impacts of the COVID-19 PANDEMIC, and other unforeseen life events. As a result, we were unable to revise the plans, complete the remaining work, or bring the permit to closure at that time. Unfortunately, the permit remained open and unresolved. Years later, in an effort to correct this situation, we retained a licensed General Contractor, Mr. George W. Howard of United States Association of CDC Inc., to assist us in bringing the property into compliance. An architect was engaged to revise and submit updated plans reflecting the completed work and any additional scope; however, the architect passed away during the process. Although his son assumed responsibility for the project, the matter was not completed in a timely manner. Mr. Howard subsequently informed us that the property had accumulated fines over an extended period and that immediate action was required to prevent further penalties. Upon professional advice, we were instructed to close the existing permit in order to move toward compliance with the Building Department. We followed those instructions and cooperated fully with the Department’s request to close the permit. At this time, we respectfully request consideration for a reduction or mitigation of the accumulated fines. The failure to close the permit was not the result of negligence or intentional disregard, but rather a combination of financial hardship, personal circumstances, and a genuine lack of understanding of the permitting process. The fines, as they currently stand, place an extreme hardship on our family, and we are deeply concerned about the potential loss of our home and life’s accomplishments over what began as modest kitchen renovation. We respectfully request any assistance or leniency the Building Department deems appropriate under these circumstances. Your understanding and consideration are sincerely appreciated. Thank you for your time and attention to this matter Respectfully submitted, Paul Embury & Judy Embury Owner Phone number: (305) 710-2943