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Special magistrate orders $250-a-day fine for Melbourne Beach property; 10 days to comply

3198053 · March 25, 2025
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Summary

On March 25, 2025, Special Magistrate Kristen Oettinger ordered owners of 409 Third Avenue in Melbourne Beach to bring the property into compliance within 10 days or face a $250-per-day fine; the town also will recover $264.68 in administrative costs.

Special Magistrate Kristen Oettinger ordered property owners Jeffrey R. Small and Leanne Shaver Small on March 25, 2025, to correct code violations at 409 Third Avenue in Melbourne Beach within 10 days or pay a $250-per-day fine. The town also requested, and the magistrate directed the clerk to include, administrative costs of $264.68.

The town presented evidence including a complaint received Jan. 16, 2025; photographs taken Jan. 17, 2025; a notice of violation sent by certified mail on Jan. 24, 2025 (returned unclaimed); a posting of a subsequent notice on Feb. 12, 2025; and a notice to appear mailed and posted in February 2025. Code inspector Robert Trantham testified that the property was not in…

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