‘Unsafe Structure’ Fight Lands in Court as Boynton Beach Presses for Inspection Warrant

by | Dec 11, 2025 | Lawsuits, Boynton Beach | 0 comments

House located at 543 Nw 11th Ave, Image Credit: Google Earth

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BOYNTON BEACH, FL (Boca Post) (Copyright © 2025) — The City of Boynton Beach has taken a long-running fight over a small house on the northwest side into court, asking a judge for permission to finally get inside.

In a petition filed Dec. 5, 2025, in Palm Beach County Circuit Court, the city says the home at 543 NW 11th Avenue has been unsafe for years and that officials still can’t complete the asbestos inspection they need before any demolition can happen. The case is filed under Case No. 50-2025-CA-012821-XXXX-MB and is captioned In re: 543 NW 11th Avenue, Boynton Beach, Florida 33435.

According to an affidavit from Building Director John Kuntzman, inspectors first flagged the property on Nov. 29, 2022, after an inspection under Section 116.1 of the Boynton Beach amendments to the 7th Edition (2020) Florida Building Code. The structure was declared unsafe. An orange notice went up, warning that the building was not to be occupied, and the city told the owner, Javis L. Sims, to submit a plan to repair, rehabilitate, or demolish the building within 30 days. The affidavit says that did not happen on schedule.

What followed, the city says, was a mix of partial steps and more missed deadlines. A building permit, RINR-2023-031790, was issued Oct. 30, 2023. It stayed open through April 27, 2024, then expired without any inspections and with fees still unpaid, according to the filing. On Aug. 22, 2024, the city sent a Final Demolition Notice ordering that the building be taken down by Sept. 2, 2024. That deadline passed too, the affidavit states.

Because demolition was now on the table, federal and state asbestos rules came into play. The city says it needed an asbestos inspection before anyone could knock the building down. Officials claim they repeatedly tried to schedule that inspection and to gain access to the interior but could not get it done, despite requests made between late 2024 and early 2025.

The court file includes photos and notices that show what the city is talking about: siding separating from the structure, roof problems, visible gaps and openings, boarded windows, and a posted warning that the place is not fit to live in. The affidavit also mentions foundation issues, water intrusion, termite damage and unsecured interior conditions as reasons the home still meets the definition of an unsafe structure.

There is also a paper trail between City Hall and Sims’ attorney. Composite Exhibit D collects letters and emails from 2024 and 2025 in which the parties discuss extensions, project schedules, contractor information and financing for any rehabilitation. The City Attorney’s Office says it granted additional time but that key documentation kept arriving late, or not at all, and that no full, approved plan ever moved forward.

After nearly three years of back-and-forth, the city is now asking for an administrative inspection warrant under Sections 933.20–933.30, Florida Statutes. If granted, that order would allow city staff and an environmental contractor to enter the property at 543 NW 11th Avenue, perform the asbestos inspection, take any samples required by law, and then leave. Only after that, the petition says, can the city proceed with demolition of what it calls an unsafe and uninhabitable building.

All of these statements come from the city’s filings and are allegations at this stage. A judge in the Fifteenth Judicial Circuit will decide whether to issue the inspection warrant.

The original document, as filed with the Palm Beach County Clerk of Court, can be viewed here.

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