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

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 compliance as of the March 25 inspection and that the town has documented the building as being in disrepair. "I received a phone in from Mr. McGovern, a complaint," Trantham said, describing how the enforcement process began. He confirmed the dates on the photos and mailed notices and said the owners did not remedy the violations within the three days allowed after receipt of the notice.

Oettinger said she found that notice had been properly provided and ordered the daily fine and 10 days for compliance. "I will make a finding that notice was properly provided as outlined by the town," Oettinger said before announcing the enforcement order. The town requested the maximum daily fine and recovery of administrative costs; Oettinger directed the clerk to include the costs listed in the file.

Neighbor John Greger of 411 Third Avenue spoke during the hearing to explain his concern about the condition of the property and its future disposition, saying the owner "lives in Ohio" and that he had visited the house twice since living nearby. Building official Robert Bickard said the homeowner previously had correspondence with the town's code enforcement officer more than a year earlier and that the town had allowed time and accommodation to facilitate compliance. "The homeowner did have more than one conversation with our previous code enforcement," Bickard said, adding that the town had shown "a lot of grace given to try to accommodate this."

Magistrate Oettinger and town staff also addressed two other docket items briefly: case ECE250270 for 206 Fourth Avenue was removed from the hearing agenda and may produce a subsequent notice of violation for a different code section, and case ECE24-0253 for 202 Shannon Avenue was verified by the town to be in compliance; the town said it will issue and record an affidavit of compliance for that property. No additional discussion items were raised at the hearing, which the magistrate then adjourned.

The order for 409 Third Avenue gives owners 10 days from March 25, 2025, to abate the violations or face the daily fine; administrative costs will be assessed as outlined in the town's paperwork.