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Video-1: youtube.com/watch?v=me4WORbjrkU

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All right. Good morning, >> the city staff and law enforcement officer who are here. Um, we're here today at the July 7th special magistrate meeting for code enforcement purposes of the city of Cocoa Beach. My

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name is Lonnie Groot. I'm the special magistrate. Uh, there being no one present today, I don't think I need to go through any introductory remarks about what we're doing here or anything like that. Miss Crawford, do you think I should do that for the YouTube viewers or anything? >> No.

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>> Okay. And if if anybody who's watching on YouTube probably has watched before and probably knows why they're watching and what the processes are. So, um, let's just say who's here. I'm Lonnie Groot, special magistrate, and I'm here.

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>> Yep. Danielle Crawford, uh, City of Cocoa Beach code enforcement. >> And our clerk, >> Kristen Harris, >> and we have a law enforcement officer. I guess we'll we'll deal with him a little bit. Um, okay. The first thing on the agenda then is approval of the June

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10th, 2026 uh, special magistrate meeting minutes. Now, as I recall, at the last meeting, I didn't mention that I had approved the the May minutes. So, I'm mentioning it now just for the record that at the last meeting, I approved the May minutes. And right now,

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I have I am have reviewed and am approving the minutes of the June 10th, 2026 meeting. Okay. Is the city ready to proceed with the cases for today's agenda? And are there any changes?

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>> Uh the only change uh is that we would like to do the contested citation first rather than last. >> And I believe we need to be sworn in. >> Sworn in. That's right. All right. >> You state your full name, please. >> Danielle Crawford.

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>> Lieutenant William Stanley. >> Thank you, Mr. Stanley. Officer Stanley. Each of you solemnly swear that touch me about the given matter now to hear be the truth, the whole truth, and nothing but the truth help you God. >> Yes, I do. >> Okay. So, at the request of the city, we're going to take civil citation 060,

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which is a noise violation. Uh, and we'll hear that matter. You may proceed, Miss Crawford. >> Thank you so much. Uh, so this civil citation was written to Micah Rose at 34 North Atlantic Avenue. uh he was in

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violation of section 13.5-3 excessive noise declared a violation and ex uh 13.5-20 excessive noise determination under plainly audible at a distance means and method both of the city of Cocoa Beach

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codes of ordinances. Um, here is the citation that was written by Lieutenant Stanley. And I'm gonna let him take over, although I don't believe the person that contested the citation is here. >> Okay, let's go. Lieutenant Stanley, would you do me a favor?

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>> Yes, sir. >> Would you just go out into the hall here? I sure can. And call the name of the respondent three times. >> [clears throat] >> And and what were the results of your calling the hall? >> There was uh no answer. >> No response. Okay. >> There's nobody present.

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>> Okay. And the respondent has been placed on notice. The citation provides for uh that there's going to be a hearing and uh you may proceed. >> Proceed. Uh thank you, your honor. Uh on the 5th of May, I was working a late

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night detail. Uh the thunder on Cocoa Beach. I'm sure you saw it all over social media. As I was beginning to clock out, I could hear over the radio a noise complaint had come in from a resident uh located uh in our city uh just one block uh west of where we're

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present right now. And it was during that time that uh contact was made with the with the the business management. I'm not sure who at that time, but contact was made by law enforcement,

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which is typically uh our protocol in following what we believe state statute says that they are provided a warning and an opportunity to turn the music down. Uh as that was going on, I was stationary with my patrol vehicle on the

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street one block uh west of where we are now. It's the first street to the left here on Minute Man Godsway. I was in front of the reporting party's house with my windows down and I could hear clearly audible band music uh per the

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statute and it was clear enough. You know how sometimes it's just a beat? This time it was clear enough I could actually sing along. So I waited uh approximately 10 to 15 minutes. I basically waited for that song to finish cuz I thought it was customary for them

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to now alert the band and the sound people after the song to turn it down. The very next song was just as loud. And so knowing that the warning had been given because I heard the officer clear that on the radio, I then chose to visit

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the the club which is called the dunes. And at that time I made I was able to also witness the audible music uh from well at this time now after 11 p.m. well over 100 ft away. And I know that

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because we have a lidar it's a traffic uh laser. We have to authenticate it every time we use it. And so if I'm standing in the almost the center of my back gate, we have a sign down towards the dunes that we use >> calibration

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>> to calibrate it. So I know that area to be within about 200 approximately 200 to 215 ft well past the ordinance uh opportunity there or the the what the rules are there. So I made contact then

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and and then of course I went to the club, the band was still playing. I made contact with the manager, Micah R. Rose, identified him with a Florida driver's license, identified that he was still uh at the address shown on the citation,

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and uh he also then uh admitted that he was the manager and that he would be the one accepting the citation. It was a very cordial, professional encounter by both Mr. Rose and myself. Explained to him why I had to give the citation.

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The idea is once a warning's given, residents can do public records requests. I was in I was not only entitled, but I was required to do my job at that point. And so, Michael was then, Mr. Rose was then issued the citation uh that Miss Crawford has

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already mentioned here this morning. >> Did they did they stop the loud music? >> They did after that. Yes. >> So, the ordinance worked its its intended effect >> in my opinion. Yes, sir. >> Okay. All right. Is there anything else that the city has to present this?

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>> Just for the record, um I did not write this particular ordinance, but it's very very similar to one that I wrote I noticed this was enacted in I think 2023. Uh this is very similar to an ordinance which I wrote for the city of Sanford

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prior to 2023. So very similar. So, I'm I'm very familiar with the provisions of it and uh I just wanted to make that disclosure. Did not write this particular ordinance for the city of Cocoa Beach. I had no engagement with,

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but it may have been copied. Okay. Which I've done too, so it's no big deal. Okay. Nothing further. I'm going to find that the violation as cited did occur

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uh and under the sections of the ordinance that were cited in the citation form and that the $500 fine is affirmed and there'll be an order issued to that effect. >> Thank you, sir. >> Thank you, >> sir. That's all I have before you. May I

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be dismissed? Oh, >> of course. >> All right. Thank you. All right. So, the next case would be >> case number DSCE2653. >> Yes, sir. >> Okay. And the respondents,

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this is a a new case. Respondent is Florida Cocoa Beach Rental LLC. Carol and Tony Springer, I suppose, is the registered agent. And that would be the property owner. Okay. Uh and no one is here. We have a

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new arrival in the in the in the hearing room. Is that city staff person? >> She is. >> Okay. >> Miss Leanne. >> Don't need to announce your presence or anything. But before we go, Miss Miss Crawford, would you please go to the hall and and and call for Miss Springer

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or the LLC three times? Tony Springer is not present. >> All right, you may proceed. >> You um 26-53 uh is in regard to uh property address

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5350 Ocean Beach Boulevard, unit 2011. uh parcel ID and legal description as shown. Here's an aerial view of the condos from BCPAO property appraiser

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and uh a synopsis of the case that I am presenting for uh code officer Brooke Oxreader. On February 20th, 2026, a courtesy door hanger was sent to the owner. On March 13, 2026, a warning citation was issued.

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On May 4th, 2026, a notice of violation was issued. On May 16th, the BTR application was submitted. On May 21st, the registration application was submitted. On June 16th, a notice of hearing was issued.

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On June 21st, the business tax receipt was obtained. And on June 24th, their certificate of use was obtained. At this time, the registration cannot be issued as the Florida Department of Revenue Cert uh certification has not been uploaded to the registration

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application. Uh so here uh is an image from our third-party system called Rentalscape just showing that the vacation rental is active uh with live listings and dates booked.

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Here is an example of one of the listings from Airbnb. It looks like it has 21 reviews, an image of a posting, the business tax receipt that was

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obtained on June 21st, the certificate of use that was obtained on June 24th. However, the registration has not been obtained. Okay. So, there's no violation about the certificate of use anymore.

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It's just a rental uh vacation rental registration. >> Yes, sir. >> Okay. Is there anything further the city would like to present? >> No, nothing further. >> Okay. There being no evidence to the contrary, I will find in case number

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DSCE26-53 that there is a violation of failure to obtain the uh vacation rental registration as required. And what's the fine that's recommended? >> It looks like the recommendation uh from

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the city is to have the respondent come into compliance uh by August 7th. And that's by obtaining that registration. Okay. And you want what would be the fine then? >> I believe we would discuss daily fines at the Massie hearing.

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>> Okay. You want to do that? >> Yes, please. >> August 7th then. Okay. Then I am going to to uh provide that the penalty for the violation that's been found will be

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determined at a Massie hearing subsequently held on this case. >> Okay. >> Thank you. That'll be the order in this this matter. Now this next case is case number DSCE25-175. That's a Massie hearing >> where

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for YouTube viewers if there are any uh that's this is where the respondant who was found in violation in a prior case is able to come in and contest that the city has found them to be vi in violation after the time they're supposed to be in

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compliance. So the city want to proceed? >> Yes sir. >> Um so I don't believe Mr. Foster is here but I can go call the halls. >> Thank you. He is not present. >> Thank you for doing that and uh

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>> appreciate you doing it before you even told to do it. And that's >> um so >> once again that's an old tradition to make sure that no one's hanging around gone to the wrong office or whatever. Um, so case 25-175,

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the respondent is Richard C. Foster of 55 Cedar Avenue, Unit One, uh, parcel ID and legal description as shown above. Here's an aerial view from property appraiser.

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On April 8th, 2026, you found the respondent in violation of the codes below as the balcony was determined to be a public safety violation due to dilapidation and missing guardrailing. The respondent was ordered to attain compliance with the following codes on

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or before June 10th, 2026. Section 105.1 required Florida Building Code Inspection Section 10.1 General Florida Building Code. Section 304.1 Exterior Structure General International

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Property Maintenance Code. Section 304.10 Exterior Structure: Stairway, decks, porches, balconies, International Property Maintenance Code. On April 13th, 2026, the orders were posted to the respondents property as

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well as city hall. On June 11th, 2026, no building permits were applied for or obtained for the balcony repairs, and the balcony remained in dilapidated condition with missing guard ring. On June 23rd, 2026, the notice of Massie hearing was posted to property and city

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hall. As of today, the balcony remains in unsafe condition and is a public safety violation. These are images of the balcony in dilapidated condition with the missing guard railing. Not add another picture.

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>> Okay. The property representative didn't appear, but is this the one where the the property owner was going to work with the budding owner on the deck and there was an issue about the uh obtaining

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materials or something like that. Am I recalling correctly? >> Yes, sir. Um, so the condo that's conjoined is also in dilapidated condition and they were going to work together to fix both his and hers, >> but that hasn't happened. >> It has not.

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>> Okay. And this is is this a res? Not that it matters, but is this a residential is this does this property have homestead as residential or is it commercial? >> It's residential homestead. >> In terms of foreclosure.

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Okay. All right. Uh, there being no evidence to the contrary, I'm going to find that the the uh respondent failed to uh comply with the codes as required in a timely manner and uh continues to

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be in violation. So, what is the fine that the city would recommend? >> Uh, we are requesting a fine in the amount of $250 a day until compliance is achieved. That's a that's uh under the circumstance that's very reasonable and

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that's what will be adjudicated in the order. So I'm going to find that as a result of this Massie hearing the respondent failed to come into compliance is still in compliance and commencing at the the date of the order

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today uh nonp pron to the day we're going to issue an order in written form shortly. The uh respondent will be fined $250 a day until compliance is achieved. That'll be the order that'll issue on that case. >> Is there anything further to come before

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the special magistrate today? >> There's nothing further. >> All right, then we are journed. Thank you.