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Special magistrate reduces several code-enforcement liens and grants payment extension in Palm Bay

2216528 · January 15, 2025
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Summary

On Jan. 15, 2025, Special Magistrate James Beetle reduced liens on three Palm Bay properties and approved a 60-day extension for another property owner after city staff said they had no objection.

Special Magistrate James Beetle on Jan. 15, 2025, approved reductions to code-enforcement lien amounts for three Palm Bay properties and granted a 60-day payment extension for a separate case, ordering reduced sums and 30- or 60-day payment deadlines.

The actions affect property owners at 225 Naval Avenue NW, 1874 Holbrook (Brook Road/Holbrook address referenced in filings), and 825 Cricket Drive NE. City staff told the magistrate they did not object to reductions and identified administrative fees the city expected to collect. Beetle cited the statutory notice process — notices are sent to the mailing address on the property appraiser or tax collector website — when explaining earlier missed notices in several cases.

At the first hearing, Jorge Lopez, who identified himself as general sales manager at Gary Yeomansport Palm Bay, said a boat and trailer had been off 225 Naval Ave. NW for most of the period at issue and that he received no mailed notice after he moved. Valerie Pazines, code compliance division manager for the City of Palm Bay, told the magistrate the city sought 12% of the $33,597.40 lien ($4,031.69) plus administrative fees for a total of $4,781.69. Beetle said he would reduce the fine and ordered payment of $1,450, to be paid within 30 days; he cautioned that the original amount would be reinstated if the reduced amount was not paid in the time set.

At the second hearing, Eric Ampsacker, representing Dakota Note LLC (the successor/lender that took deed in lieu on 1874 Holbrook), described cleanup and estimated about $3,500 spent to clear debris and cut overgrowth after taking possession on Oct. 24, 2024. Pazines said the total lien was $8,683.25 and the city sought 15% ($1,302.49) plus $750 in administrative fees, totaling $2,052.49. Beetle reduced the fine to $1,250 and ordered payment within 30 days.

At the third hearing (phone conference) the applicant, who identified herself as Janet Geis and representatives of the property manager, described ongoing trash and dumping problems on a roughly 20-acre site and said notices for the long-running case had been mailed to the owner's Morristown, New Jersey address. Pazines said the city sought 8% of $70,121.40 ($5,609.71) plus $750 administrative fees for a total of $6,359.71. Sabrina Nicholson, senior code compliance officer, said multiple reinspections had been done and that trash and debris had been a recurring issue; she also said her last inspection found the site cleaned and most trailers removed. Beetle said the city followed statutory notice procedure and entered an order reducing the fines to $4,500, with 30 days to pay.

Separately, an owner who appeared as Miss Barr asked for more time to pay a previously reduced fine of $750 that was due Jan. 17. Barr, who said she works as a flight attendant and has been recovering from a concussion, requested an extension. Pazines said the city had no objection. Beetle granted a 60-day extension for payment and said the city would be provided with the order.

Beetle repeatedly noted that local governments fulfill notice obligations by using the mailing address on the property appraiser's or tax collector's website; he told multiple applicants that if they wanted mailed notices directed elsewhere they must update the official mailing address. The magistrate also noted that administrative fees are routinely collected in these cases and that if reduced amounts are not paid within the ordered time, the original assessments are reinstated.

At a glance — ordered actions

• Case CEB23035-22 (225 Naval Ave. NW): City sought $4,781.69 (12% of $33,597.40 + admin). Special Magistrate James Beetle reduced the fine to $1,450; payment due in 30 days; original amount to be reinstated if unpaid.

• Case CEB250574 (1874 Holbrook): City sought $2,052.49 (15% of $8,683.25 + $750 admin). Beetle reduced the fine to $1,250; payment due in 30 days.

• Case CEV21907-21 (825 Cricket Dr. NE): City sought $6,359.71 (8% of $70,121.40 + $750 admin). Beetle reduced the fine to $4,500; payment due in 30 days.

• Extension request (unnumbered docket item involving Miss Barr): Previously reduced $750 payment due Jan. 17; magistrate granted a 60-day extension after the city said it had no objection.

The magistrate closed the hearing after entering the orders. The city will provide the written orders and payment instructions to the applicants as usual.