The hearing began with an overview of the code enforcement process, emphasizing the city’s responsibility to prove any violations. City attorney Anthony Gargani detailed the situation regarding two platted lots marketed as four townhouse units, despite clear city warnings against such actions. He underscored the respondents’ “deliberate indifference” to subdivision regulations, maintaining that they continued marketing the properties unlawfully.

Senior code enforcement officer Gerald Coats and senior planner Connor Ford joined Gargani during the hearing, presenting evidence that the respondents obtained four tax parcel IDs for the two lots, ostensibly for tax purposes. The properties, zoned R2 medium density residential, were involved in a complex ownership history with Babber Enterprises LLC and Whitakine Enterprises LLC. Concerns arose about the legal existence of Whitakine Enterprises, prompting the city to include VJ Enterprises LLC as a respondent.

Gargani outlined the notification efforts made by the city, which included posting notices on the property and sending certified mail to the registered agents. Despite these actions, the properties were marketed as townhouse lots until at least November 2025, violating the city’s subdivision regulations. Gargani presented documentation to emphasize that the request for four parcel IDs did not imply legal suitability for townhouse development.

In a part of the proceedings, the city representative addressed the potential for consumer deception, noting that the illegal marketing could mislead innocent third parties. The representative highlighted that while R2 zoning permits single-family and two-family homes, townhouses require individually platted lots and additional design criteria. The properties in question did not meet these requirements.

The discussion then shifted to procedural aspects, with the city seeking an order for the respondents to cease marketing the properties as townhouses and consolidate the parcel IDs back into their original configuration. They proposed a compliance deadline of January 2, 2026, with fines of $250 per day for each violation if compliance was not achieved. Additionally, the city requested that all enforcement costs be assessed against the respondent.

Jan Pasmo, representing Babber LLC, responded to the allegations, denying any fraudulent intent. She attributed much of the decision-making to her ex-husband, Gary Whitikin, who was terminally ill. Pasmo expressed her shock at the accusations, stating, “I’ve never done anything fraudulent in my life,” and explained her limited involvement in property management decisions. She contended that marketing ceased upon receiving the violation notice, contrary to the city’s claims.

The magistrate addressed the respondents, confirming ownership of the properties and the zoning as R2 medium density. They reiterated that previous permits allowed only for two duplexes, not individual townhouse sales. The magistrate ordered the respondents to stop marketing the properties as townhouses and work with the Brevard County Property Appraiser to revert the tax IDs.