Condo Association lawsuit targets city code employee

Article Courtesy of the Hi-Riser

By Cori Galeano

Published Thursday, September 28, 2006

 

A Fort Lauderdale condominium· association has filed a lawsuit against a City of Fort Lauderdale Building Department employee for reporting her suspicion of unlicensed contractor activity at the building where she resides. 

              
The Essex Tower Condominium Association, Inc. has filed suit against Eve Bazer, an Essex Tower resident and Code Board liaison for the City of Fort Lauderdale Building Department, Community Inspections Division, alleging one count of abuse of process and one count of interference with a business relationship.

     
In the suit, Essex Tower states that they had entered into a business contract with BLC Shutters, Inc., of Miami, to install hurricane shutters at the building. In their complaint, Essex Tower Condominium Association, Inc. claims that Bazer "purposefully used her position ... to delay the permitting process ... " 

        
The association also asserts in the suit that the proper permits had been applied for with the City of Fort Lauderdale Building Department. 

      
However, in a sworn statement to City of Fort Lauderdale and Broward County investigators, the contractor, Jorge Lendeborg, owner of BLC Shutters, said, "Jo [Schmoker] stated they would worry about permits later or if they got caught." 

                
Schmoker is currently under investigation by the Florida Department of Business and Professional Regulation for allegedly hiring unlicensed contractors to perform roof work at Essex Tower, a spokesman has confirmed. Lendeborg is scheduled to appear for trial in Broward Circuit Court on Oct. 26 on the misdemeanor charge of being an "unlawful contractor." 

 
Essex Tower management did apply for a city permit on May 26, 2006, records show. Work had already begun on the shutter installation on May 17, 2006, when city and county investigators were called to the building. Investigators were called to Essex Tower on that date because a posted "stop work" order had been unlawfully removed. 

            
The City of Fort Lauderdale investigator states in the report that the building was charged a double fee for the permit because it was applied for after the fact. 

 
Essex Tower has also filed a similar suit against another resident of the building, Mark Johnson, who informed other residents of his and Bazer's suspicions that the contractor was unlicensed. 
That suit charges Johnson with libel and abuse of process, resulting from Johnson's distribution of· a letter to residents about the unlicensed contractor activity. 

  
"I think this has enlightened a lot of people as to what is going on," Johnson said. "I hope it has opened a lot of people's minds that the letter I wrote wasn't just a figment of my imagination." 
Bazer has been advised by her attorney to make no public statement regarding the suit because it is pending litigation. Clark Jones Cochran Jr . is the attorney of record for Bazer, according to court documents. The City of Fort Lauderdale also declined to comment publicly for the same reason. 


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SHUT UP -- OR BE SUED!  ESSEX TOWER CONDOMINIUM ASSOCIATION, INC.

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