Cocoa Beach Special Magistrate Sets Fines for Vacation Rental Violations Amid Owner Appeals
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Meeting Type:
Special Magistrate
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Meeting Date:
11/13/2024
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Recording Published:
11/13/2024
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Duration:
43 Minutes
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State:
Florida
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County:
Brevard County
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Towns:
Cocoa Beach
- Meeting Overview:
During a recent Cocoa Beach Special Magistrate meeting, discussions focused on several cases involving violations of local ordinances related to vacation rental properties. The meeting primarily addressed issues with business tax receipts and occupancy limits, resulting in fines and compliance orders for property owners. The deliberations underscored ongoing tensions between rental owners and city regulations.
The most significant case involved Brendan Miller, who faced allegations of operating a vacation rental without the necessary business tax receipt (BTR) for his property on Bimy Road. The city presented evidence, including a detailed timeline of communications, citations, and active listings on platforms like Airbnb and VRBO. Miller, acknowledging the violation, shared his financial difficulties, citing expensive home repairs and future costs as reasons for seeking leniency. He emphasized his intention to comply, saying, “I was just hoping to come and… see if there is any Middle Ground.” Despite his appeal for understanding, the magistrate ruled that Miller was in violation, imposing a $250 fine and a two-week period for compliance with both the BTR and RS1 registration requirements. Failure to meet these conditions would result in a daily fine starting at $500, with subsequent daily fines of $250.
Another notable discussion revolved around Richard Bore, who was charged with exceeding occupancy limits for his vacation rental on Bali Road. The city highlighted that Bore’s property, registered for a maximum of eight guests, was listed for groups of 16 or more, causing neighborhood disturbances. Evidence included a citation and a notarized letter from a neighbor detailing noise complaints. Ultimately, the magistrate sided with the city, issuing a $500 fine and mandating compliance with the occupancy limit without additional daily penalties.
The meeting also delved into broader discussions about occupancy regulations and enforcement practices. A speaker highlighted the challenges faced by families hosting events at short-term rental properties, such as 50-year wedding anniversaries, which often involve multiple generations. They questioned the clarity of noise violation standards, particularly when activities occurred during the day or when levels did not breach regulatory limits. The speaker argued against assumptions based on guest reviews, advocating for enforcement actions grounded in documented evidence rather than hearsay. They called for a more transparent process.
The magistrate responded by affirming that reviews, while not meeting the standard of criminal proof, were sufficient for administrative determinations. The speaker expressed feeling harassed by a neighbor’s frequent complaints. Despite the speaker’s concerns, the magistrate maintained the position that violations had occurred, upholding a $500 fine for over-occupancy. The magistrate also warned of potential further penalties for future infractions.
Keith Capizzi
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
11/13/2024
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Recording Published:
11/13/2024
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Duration:
43 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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