A special magistrate on July 22 found that the owner of a property at 54 Colonial Drive violated Cocoa Beach code by allowing boats and motor vehicles to encroach on the public sidewalk and by permitting accumulation of trash and debris.

The ruling came after the city presented photographs and a timeline of notices showing an alleged ongoing encroachment and lack of valid vehicle registrations. The magistrate noted the respondent, identified in the case files as James Nance, did not appear at the hearing. “So I’m gonna find that the respondent is in violation of all those codes,” the special magistrate said during the proceeding.

Why it matters: The magistrate treated the matter as an encroachment on the public right of way, not merely private maintenance, and set a compliance deadline that will trigger daily fines if the violations are not corrected. The order establishes a formal enforcement path and a monetary penalty schedule tied to continued noncompliance.

City staff presented aerial photographs and dated images that staff said showed vehicles and boats projecting above or over the sidewalk and at least one vehicle with expired registration. According to the city's exhibit list, a notice of violation was mailed on May 2, 2025, photographs were taken April 7 and April 17, and a notice of hearing was posted July 22, 2025. The city asked the magistrate to find a code violation and to set a compliance deadline.

The magistrate described the relevant provision, section 22-3.5, as framed in the city code and said he would construe it as addressing encroachments on the right of way. He also found violations of section 10-22 (enumerated prohibited conditions), section 15-23 (nuisances designated personal property under certain conditions), and section 10-5 (accumulation and disposal of materials).

The magistrate ordered that the respondent must bring the property into compliance by Aug. 20, 2025. If compliance is not obtained by that date, a fine will be imposed beginning Aug. 21, 2025 at $100 for the first day and $150 for each day thereafter until the code provisions are satisfied, the magistrate said.

The magistrate recorded that the city had not presented an opposing party at the hearing and that he had reviewed the code and evidence before issuing the order. The case will return to enforcement if the city confirms noncompliance after the deadline.

No additional administrative remedies or payment arrangements were announced at the hearing. The city may pursue the daily fines specified in the order if compliance is not achieved by the deadline.