Special magistrate finds Cocoa Beach property in violation, orders compliance by Nov. 8

Special Magistrate Lonnie Groot found that the property owned by Roger Scruggs at 1391 S. Orlando Ave. in Cocoa Beach is in violation of city codes and ordered the property brought into compliance by Nov. 8, 2025, with a $250-per-day fine to be imposed for each day of noncompliance after that date.

The finding followed testimony and documentary evidence presented by Danielle Crawford, representing the city, who detailed a timeline of notices, reinspections and photographs showing clutter that, the city says, blocks means of egress. “Based on the testimony and evidence presented at this hearing, we respectfully request that the magistrate find the respondent in violation of the notice of violation and give the respondent until 11/08/2025 to bring the property into compliance,” Crawford said during the hearing.

Nut graf: The magistrate’s order addresses what city staff described as an ongoing condition that could impede emergency egress and presents an enforcement deadline and daily fine to secure compliance. City staff told the magistrate the property is occupied and that prior notices and reinspections documented partial but incomplete cleanup.

City testimony laid out the enforcement chronology: the city issued a notice of violation on April 16, 2025; certified mail was received April 21, 2025; the respondent called May 15 saying he was working to clean up; a reinspection on June 25 showed some improvement at the front door but the carport remained blocked; a September 12 reinspection found the property still in violation; a notice of hearing was mailed Sept. 17 and received Sept. 26. On Oct. 6 the respondent visited City Hall with photos and a letter and invited reinspection; staff’s October photos still showed clutter in the carport and at some entryways.

Crawford emphasized the carport blockage and the need for a safe means of egress for emergency personnel. When Magistrate Groot asked about interior conditions, Crawford said she had not been able to view the interior and described the interior condition as “unknown.” The city’s code enforcement officer also noted a city property representative could not attend the hearing.

Groot said the case was unrebutted because the respondent did not appear at the hearing. The magistrate noted the property is occupied and confirmed that it is homestead property. Groot set Nov. 8, 2025, as the compliance deadline and stated in his oral ruling that $250 per day is an appropriate fine for each day of noncompliance after that date; the precise fine amount will be formalized at a subsequent compliance/fine hearing.

The hearing record shows staff recommended the violation finding and the compliance deadline; no member of the public or the respondent appeared to contest the evidence. The magistrate removed two other cases from the agenda after staff reported they were in compliance.

Ending: The magistrate concluded the matter after issuing the order. The record indicates follow-up will require confirmation of compliance by the code enforcement officer and a later hearing to set the formal fine. The city may return to the magistrate for further enforcement if compliance is not confirmed by the deadline.