Cocoa Beach Special Magistrate Fines Property Owners for Code Violations
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Meeting Type:
Special Magistrate
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Meeting Date:
09/11/2024
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Recording Published:
09/11/2024
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Duration:
164 Minutes
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State:
Florida
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County:
Brevard County
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Towns:
Cocoa Beach
- Meeting Overview:
The recent Cocoa Beach Special Magistrate meeting addressed significant code enforcement cases involving unpermitted business operations and property violations, leading to fines and compliance orders for the property owners.
A key case involved Minah and Van Lee, the owners of Tokyo Japanese Steakhouse on North Atlantic Avenue. They were found operating without a proper business license. Despite multiple notices from the city, including a courtesy notice on March 25, a notice of violation on April 18, and a notice of hearing on July 11, the respondents failed to respond or renew their business tax receipt, which had expired on September 30, 2023. Evidence showed that the establishment continued to operate, as verified by its website and recent Google reviews. The city sought a determination of code violation under section 13-21, proposing a 30-day compliance timeframe. The magistrate found the respondents in violation and imposed a fine of $250, applicable regardless of subsequent compliance.
Another notable case involved Rachel Aragon, the owner of a vacation rental property on South Atlantic Avenue. Aragon was absent from the hearing. She was alleged to have operated the property as a vacation rental since March 2022 without city registration. The property exceeded the maximum occupancy limit of eight guests, allowing for up to 13 guests. The city’s representative presented a timeline of communications, all of which Aragon ignored. The city sought to impose a fine of $250 for the registration violation. The magistrate found Aragon in violation, acknowledging the city’s efforts to communicate and the consistent approach to enforcement across cases.
Disputes over property management and permit compliance highlighted another discussion. The case of Mark Sof Jr. and Mandy Thomas, owners of a property on West Leon Lane, brought to light issues of unpermitted construction, including plumbing, electrical work, and window-to-door conversions. The city’s representative detailed these violations, presenting photographs from multiple listings as evidence. Nathan M, representing the respondents, contested the timing of the notice of hearing, arguing inadequate preparation time. The magistrate granted a continuance, setting the next meeting for October 10th, and emphasized the necessity of proper permits for future transactions.
The meeting also saw a motion for a continuance due to concerns about late notice, with one party stating they had rearranged their schedule to attend but had insufficient time to prepare. The city’s representative countered that the notice was provided seven days in advance. The magistrate granted the continuance, acknowledging the need for adequate preparation.
Further discussions involved the submission of videos as evidence related to property management issues, particularly concerning short-term rentals. The videos, timestamped and showing no rental activity, were systematically admitted into the record. The presenter, who had traveled from Tennessee, emphasized their commitment to resolving the issue, denying any short-term rentals since June 8, 2024. The city representatives acknowledged complaints from neighbors but ultimately dismissed the case, finding no substantiated violation.
An exchange between Mr. Malum and Ms. Sax revealed contention over a real estate transaction and rental activity at a property. Ms. Sax expressed concerns for safety, opting for a remote appearance. She detailed her client’s financial losses and the refusal to return an earnest money deposit. Mr. Malum questioned her credibility, pointing out discrepancies in her testimony.
Ms. Thomas, co-owner of the property in question, denied any rental activity and referenced security camera footage as evidence. The videos, dated July 24 and 25, 2024, showed no renters or vehicles. The magistrate reviewed the evidence and dismissed the case, acknowledging the absence of short-term rental activity.
Keith Capizzi
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
09/11/2024
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Recording Published:
09/11/2024
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Duration:
164 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Brevard County
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Towns:
Cocoa Beach
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