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Palm Bay special magistrate grants short extensions, sets fines for dozens of code violations

2111683 · January 8, 2025
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Summary

At a Jan. 8, 2025 Palm Bay Code Enforcement Special Magistrate hearing, the magistrate granted short compliance extensions for several homeowners who spoke, imposed fines listed in a city report for one property, and entered dozens of cases on consent with set compliance dates and fines.

The Palm Bay Code Enforcement Special Magistrate on Jan. 8, 2025 granted short extensions for several property owners who spoke at the hearing, approved fines listed in a city report for a separate property, and found dozens of other properties in violation of the city code, setting compliance dates and daily fines.

The rulings affect individual properties cited for tall grass and weeds, accumulation of trash and debris, exterior disrepair and roof leaks, overgrown vegetation and tree damage, and vehicle or outdoor-storage violations. Magistrate directives set specific compliance dates and authorized daily fines of $50 per violation (with some properties cited for multiple violations), while a separate set-fine consent docket imposed $200 set fines and authorized the city to take corrective action and recover costs if properties remain noncompliant.

Why it matters: The hearing resolved active enforcement files and established specific deadlines that, if unmet, will trigger daily fines or city abatement actions for property owners across Palm Bay. Several respondents described health, financial or logistical barriers to immediate compliance; the magistrate balanced those explanations with firm compliance deadlines and repeat-violation penalties.

At the start of the hearing, a city code officer identified the first case as CB-25374-24, for the property at 1392 Schneider Street Southwest. The homeowner, Timothy Aptwish, told the magistrate he had been in a rear-end crash on July 24, 2024, suffered back injuries and had been unable to maintain the yard. "I just need a little more time, and I'll have the grass mowed and everything, you know, everything done," Aptwish said. The magistrate agreed to an extension and set the new compliance date for Feb. 7, 2025, warning that the city would impose a $50-a-day fine for each continuing violation; the officer stated there were two violations at the address, which the magistrate said could amount to $100 a day if both remain uncorrected.

At 1357 Pavilion Street Northwest (CEB-25588-25), owner James Michael Veil said he had cleaned most of the front yard and expected to finish within a couple of weekends. The magistrate set a compliance date of Jan. 23, 2025, and authorized a $50-per-day fine for each continuing violation.

At 890 Water Oak Drive Northeast (CEB-25558-25), homeowner John Curtis Williams reported roof leaks that collapsed part of an interior ceiling and said he planned to switch to a metal roof, subject to HOA architectural approval. He told the magistrate he planned to secure homeowners insurance by April. The magistrate set a 90-day compliance date of April 8, 2025, and noted there are two violations at that address (making the potential fine $100 per day) but said the city could consider another extension if a contractor documents progress or delays.

At 1337 Pakenham Street Northwest (CEB-25562-25), respondent Kim Lewis acknowledged an overhanging tree that was damaging a neighbor's fence and said removal or repair would likely cost the most. Lewis requested a short time to arrange vendor work; the magistrate gave 15 days and set Jan. 23, 2025 as the compliance date, with a $50 daily fine for continued violation.

At 630 Crowberry Road Northeast (CV-25567-25), the officer reported multiple code sections in violation, including a vehicle in major disrepair and accumulation of trash and debris. The responsible party indicated the property is occupied and said the city should charge vendor costs back to the property; the magistrate set Jan. 23, 2025 as the compliance date with $50-per-day fines for continuing violations.

The magistrate also noted one case (CEB-24807-24, 1670 Hartwellville Street Northwest) that prompted the city to request imposition of fines as listed in the city's authorization-to-impose-fines report; the magistrate found the respondents listed in that report in noncompliance and ordered the fines as stated in the city report dated Jan. 8, 2025. The transcript did not include the fine amounts in that report.

Several additional cases were handled on consent. The magistrate found respondents listed on three grouped consent dockets in violation and set the following uniform terms: for a per-day fine docket (items 1–21 on the per-day agenda), respondents not present have until Jan. 23, 2025 to comply and the city may impose $50 per day for each violation continuing past that date; for two set-fine dockets (items 1–44 and items 45–50 on the set-fine agenda), the magistrate gave respondents until Jan. 18, 2025 (10 days) to comply or face a $200 set fine and authorized the city to take reasonable action to bring properties into compliance and charge owners for costs.

The hearing record also shows several cases entered as voluntary compliance and closed: CEV-25603-25 (1151 Pasadena Road SE), CEV-25625-25 (195 Haines Road SW), and CEV-25611-25 (476 Troutwood Lane SW). Another earlier file, CEB-25339-24 (870 Eldrop Boulevard SE), was noted as having come into voluntary compliance and closed.

The magistrate closed the session after entering the orders and announcing the compliance dates and potential fines.

Votes at a glance

- CB-25374-24 (1392 Schneider St SW): Extension granted; compliance Feb. 7, 2025; $50/day per violation; 2 violations noted (could be $100/day). (Approved by magistrate.) - CEB-24807-24 (1670 Hartwellville St NW): Magistrate ordered fines as listed in the city's authorization-to-impose-fines report dated Jan. 8, 2025 (fine amounts not specified in the transcript). (Approved by magistrate.) - CEB-25339-24 (870 Eldrop Blvd SE): Case in voluntary compliance; file closed. (Recorded as complied.) - CEB-25588-25 (1357 Pavilion St NW): Compliance Jan. 23, 2025; $50/day per violation. (Approved by magistrate.) - CEB-25558-25 (890 Water Oak Dr NE): Compliance Apr. 8, 2025; $50/day per violation; 2 violations noted (could be $100/day). (Approved by magistrate.) - CEB-25562-25 (1337 Pakenham St NW): Compliance Jan. 23, 2025; $50/day. (Approved by magistrate.) - CV-25567-25 (630 Crowberry Rd NE): Compliance Jan. 23, 2025; $50/day per violation. (Approved by magistrate.) - Consent per-day docket (per-day items 1–21): Respondents not present found in violation; compliance date Jan. 23, 2025; $50/day per continuing violation. (Approved by magistrate.) - Set-fine docket (set-fine items 1–44): Respondents found in violation; compliance date Jan. 18, 2025; set fine $200 and city authorized to abate and charge costs. (Approved by magistrate.) - Set-fine docket (set-fine items 45–50): Respondents found in violation; compliance date Jan. 18, 2025; set fine $200. (Approved by magistrate.)

Speakers quoted or recorded at the hearing

- Special Magistrate (role: Special Magistrate; affiliation: government; Palm Bay) — presided and announced orders and compliance dates. - Leticia Dean (role: Code Compliance Officer; affiliation: government; City of Palm Bay) — identified at least one case for hearing. - Keisha Dean (role: Code Compliance Officer; affiliation: government; City of Palm Bay) — presented the violations for 1392 Schneider St SW. - Angelica Snead (role: Code Compliance Officer; affiliation: government; City of Palm Bay) — presented multiple cases and cited code sections. - Valley of Pzenes (role: Code Compliance Division Manager; affiliation: government; City of Palm Bay) — presented the 890 Water Oak Drive case. - Timothy Aptwish (role: Respondent/homeowner; affiliation: citizen) — owner of 1392 Schneider St SW; spoke about an accident and delayed maintenance. - James Michael Veil (role: Respondent/property owner/executor; affiliation: citizen) — owner/executor related to 1357 Pavilion St NW; described cleanup progress. - John Curtis Williams (role: Respondent/homeowner; affiliation: citizen) — owner at 890 Water Oak Drive NE; described needed roof repairs and HOA process. - Kim Lewis (role: Respondent/homeowner; affiliation: citizen) — respondent at 1337 Pakenham St NW; discussed tree removal and costs.

Authorities cited in the hearing record

- Florida Statutes, Chapter 162 (referenced by the city as the service and notice authority for code enforcement files). (referenced_by: ["consent dockets"]) - Palm Bay Code of Ordinances (referenced by the city in multiple cases). (referenced_by: ["consent dockets","set-fine dockets"]) - Palm Bay code sections cited in transcript for CV-25567-25: "section 185.123(a)(1)(e)", "section 93.03 (accumulation of trash and debris)", and "section 150.41(a)(2)(b) (trash containers/bins rules)". (referenced_by: ["CV-25567-25 at 630 Crowberry Rd NE"])

Actions (formal orders and outcomes)

Note: mover/second were not recorded in the transcript; all orders reflect the magistrate's rulings on the record.

1) {"kind":"other","identifiers":{"agenda_item_id":"CB-25374-24","project_slug":"1392-schneider-st-sw"},"motion":"Set compliance date to 2025-02-07; impose $50/day per continuing violation (two violations cited)","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"legal_threshold":{"met":true,"notes":"Magistrate order on the record."},"effective_dates":{"effective_on":"2025-02-07"},"outcome":"approved","notes":"Respondent Timothy Aptwish cited injury-related delay; magistrate warned $50/day per violation ($100/day total if both violations continue)."}

2) {"kind":"other","identifiers":{"agenda_item_id":"CEB-24807-24","project_slug":"1670-hartwellville-st-nw"},"motion":"Impose fines listed in city's authorization-to-impose-fines report dated Jan. 8, 2025","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"legal_threshold":{"met":true,"notes":"Magistrate found respondents in the report in noncompliance and ordered fines."},"outcome":"approved","notes":"Fine amounts not specified in the transcript; magistrate ordered fines as listed in the city report."}

3) {"kind":"other","identifiers":{"agenda_item_id":"CEB-25339-24","project_slug":"870-eldrop-blvd-se"},"motion":"Record voluntary compliance and close file","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Case recorded as voluntarily complied and closed."}

4) {"kind":"other","identifiers":{"agenda_item_id":"CEB-25588-25","project_slug":"1357-pavilion-st-nw"},"motion":"Set compliance date to 2025-01-23; impose $50/day per continuing violation","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Owner James Michael Veil testified progress; magistrate allowed 15 days."}

5) {"kind":"other","identifiers":{"agenda_item_id":"CEB-25558-25","project_slug":"890-water-oak-dr-ne"},"motion":"Set compliance date to 2025-04-08 (90 days); impose $50/day per continuing violation (two violations cited)","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Homeowner John Curtis Williams said roof repair and insurance steps planned; magistrate allowed extension with possibility of further extension if documented progress."}

6) {"kind":"other","identifiers":{"agenda_item_id":"CEB-25562-25","project_slug":"1337-pakenham-st-nw"},"motion":"Set compliance date to 2025-01-23; impose $50/day per continuing violation","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Respondent Kim Lewis requested vendor work for tree removal; magistrate allowed 15 days."}

7) {"kind":"other","identifiers":{"agenda_item_id":"CV-25567-25","project_slug":"630-crowberry-rd-ne"},"motion":"Set compliance date to 2025-01-23; impose $50/day per continuing violation","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Officer cited multiple code sections for vehicle disrepair and trash; respondent indicated property is occupied and city may charge vendor costs back."}

8) {"kind":"other","identifiers":{"agenda_item_id":"voluntary_compliance_list","project_slug":"various"},"motion":"Record voluntary compliance for listed cases (CEV-25603-25, CEV-25625-25, CEV-25611-25)","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Cases listed in transcript entered as voluntarily complied and closed."}

9) {"kind":"other","identifiers":{"agenda_item_id":"per_day_1-21"},"motion":"Find respondents in per-day docket (items 1–21) in violation; set compliance date to 2025-01-23 and authorize $50/day per continuing violation","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"City presented exhibits and affidavits; respondents not present."}

10) {"kind":"other","identifiers":{"agenda_item_id":"set_fine_1-44"},"motion":"Find respondents in set-fine docket (items 1–44) in violation; set compliance date to 2025-01-18, impose $200 set fine if not in compliance, and authorize city to abate and charge costs","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"legal_threshold":{"met":true,"notes":"Magistrate authorized city to take reasonable action and charge costs."},"outcome":"approved","notes":"City submitted exhibits and affidavits; respondents not present."}

11) {"kind":"other","identifiers":{"agenda_item_id":"set_fine_45-50"},"motion":"Find respondents in set-fine docket (items 45–50) in violation; set compliance date to 2025-01-18 and impose $200 set fine if not in compliance","mover":"not specified","second":"not specified","vote_record":[],"tally":{},"outcome":"approved","notes":"Identical terms to prior set-fine docket for remaining items."}

Discussion vs. decision

- Discussion: Respondents and officers described the causes of noncompliance (injury, ongoing repairs, probate/executor status, vendor cost concerns, HOA approval and permit steps). Those descriptions were recorded as testimony or explanation for delays. - Direction/assignment: The magistrate directed the city code compliance staff to inspect properties when respondents call to report completion and allowed the possibility of future extensions if contractors document progress or delays. - Formal action: Each compliance date, fine rate and authorization for city abatement or imposition of fines was entered on the record by the magistrate; the transcript records the magistrate's rulings as final orders for the listed files.

Clarifying details extracted from the hearing record

- Compliance dates and fines explicitly set on the record: Feb. 7, 2025 (CB-25374-24); Jan. 23, 2025 (CEB-25588-25, CEB-25562-25, CV-25567-25, per-day docket items 1–21); Apr. 8, 2025 (CEB-25558-25); Jan. 18, 2025 (set-fine dockets items 1–44 and 45–50). - Fine amounts stated on the record: $50 per day per continuing violation for most per-day orders; $200 set fine for specified set-fine dockets. In at least one case the officer stated there were two violations, which the magistrate noted could make the daily fine $100 total for that property. - One city report (authorization-to-impose-fines report dated Jan. 8, 2025) was referenced and adopted by the magistrate; specific fine amounts in that report were not read into the public transcript. - Respondent circumstances recorded: Timothy Aptwish said he was rear-ended on July 24, 2024 and had back surgery; James Michael Veil said he is executor and had neglected the property for years but had largely cleaned the front; John Curtis Williams said his ceiling partially collapsed from a leak and he planned a roof replacement subject to HOA approval; Kim Lewis said tree removal costs are the principal barrier.

Proper names recorded

[{"name":"Palm Bay","type":"other"},{"name":"Schneider Street Southwest","type":"location"},{"name":"Pavilion Street Northwest","type":"location"},{"name":"Water Oak Drive Northeast","type":"location"},{"name":"Pakenham Street Northwest","type":"location"},{"name":"Crowberry Road Northeast","type":"location"},{"name":"Hartwellville Street Northwest","type":"location"},{"name":"Angelica Snead","type":"person"},{"name":"Leticia Dean","type":"person"},{"name":"Keisha Dean","type":"person"},{"name":"Valley of Pzenes","type":"person"},{"name":"Timothy Aptwish","type":"person"},{"name":"James Michael Veil","type":"person"},{"name":"John Curtis Williams","type":"person"},{"name":"Kim Lewis","type":"person"}]

Searchable tags

["code enforcement","Palm Bay","property maintenance","fines","compliance deadlines","roof repairs","vegetation","trash-and-debris"]

Provenance (transcript evidence spans supporting this article)

[{"block_id":"s:87.659996","local_start":0,"local_end":137,"evidence_excerpt":"My name is Keisha Dean, co officer for the City of Palm Bay. The violations that still exist in reference to the property located at 1392 Schneider Street Southwest are follow tall grass and Weeds, Accumulation of Trash and Debris, and Unsightly Managers constitutes a public nuisance and serious threat to public health.","reason_code":"topicintro"},{"block_id":"s:356.395","local_start":0,"local_end":190,"evidence_excerpt":"That's I I guess we can do that? So we will make the, the new compliance date. We'll set that for February 7, 2025, and then, it'll be a $50 a day fine for every day after that that the property and and there's there's 2 violations, so it basically could be $100 a day.","reason_code":"topicfinish"},{"block_id":"s:504.06","local_start":0,"local_end":120,"evidence_excerpt":"Angelica's need code compliance officer, City of Palm Bay. Violations that exist are still the same. The property is at 1357 Pavilion Street Northwest, and it was posted on 11 19 2024, and the respondent is here.","reason_code":"topicintro"},{"block_id":"s:705.24","local_start":0,"local_end":90,"evidence_excerpt":"Okay. Yeah. Yeah. That's that's fine. Then we can, I'll set the date of compliance for January 23, 2025.","reason_code":"topicfinish"},{"block_id":"s:791.49","local_start":0,"local_end":130,"evidence_excerpt":"Valley of Pzenes code compliance division manager. The property at 890 Water Oak Drive was cited for exterior walls and the roof and drainage, in disrepair, and this was a citizen's complaint.","reason_code":"topicintro"},{"block_id":"s:1108.4249","local_start":0,"local_end":140,"evidence_excerpt":"Sounds like you got a lot of work ahead of you. So, let's go with 90 days. That'll be April 8, 2025 Okay. As the date of compliance. And then, it's $50 a day for every day after that that the property is not in compliance.","reason_code":"topicfinish"},{"block_id":"s:1160.96","local_start":0,"local_end":120,"evidence_excerpt":"Okay. Our next case to be heard is CEB 25562 dash 25 at 1337 Pakenham Street Northwest. The code officer is Angelica Snead.","reason_code":"topicintro"},{"block_id":"s:1273.87","local_start":0,"local_end":120,"evidence_excerpt":"Any any objection to 2 weeks? Okay. That's fine. I'll give you 15 days. So January 23, 2025 will be the, new compliance date.","reason_code":"topicfinish"},{"block_id":"s:1290.8651","local_start":0,"local_end":120,"evidence_excerpt":"The next case is c v 25567 dash 25 at 630 Crowberry Road Northeast. The code officer is Angelica Snead.","reason_code":"topicintro"},{"block_id":"s:1363.2599","local_start":0,"local_end":120,"evidence_excerpt":"January k. 23rd. We'll set the date of compliance for January 23rd 2025, and $50 a day for each violation after that.","reason_code":"topicfinish"},{"block_id":"s:400.63998","local_start":0,"local_end":220,"evidence_excerpt":"We do have 1 case that came into voluntary compliance on the authorization to impose fines. That is CEB 24807dash24 at 1670 Hartwellville Street Northwest. The city is requesting that the code enforcement special magistrate find all respondents in cases listed and the authorization to impose fines report and noncompliance for the period stated in the report and impose the fines listed on the report.","reason_code":"topicintro"},{"block_id":"s:431.325","local_start":0,"local_end":140,"evidence_excerpt":"I find all the respondents cases listed in the authorization to impose fines report in noncompliance for the period stated on the report and impose the fines as listed on the report dated January 8, 2025.","reason_code":"topicfinish"},{"block_id":"s:1409.745","local_start":0,"local_end":220,"evidence_excerpt":"The following cases on the per day fine agenda, items 1 through 21, unless previously heard or listed as complied, will be heard on consent without further testimony... The city represents that all respondents have been served or noticed according to chapter 162 of the Florida State statutes in the Palm Bay code of ordinances.","reason_code":"topicintro"},{"block_id":"s:1475.94","local_start":0,"local_end":120,"evidence_excerpt":"I find that all the respondents in the cases listed by the secretary are in violation of the codes set forth in the statements of violation. The respondents in the cases listed have until January 23rd 2025 to bring their properties into compliance. The city is authorized to impose a fine of $50 per day for each and every violation that continues past the date of compliance.","reason_code":"topicfinish"},{"block_id":"s:1502.17","local_start":0,"local_end":220,"evidence_excerpt":"The following cases on the set fine agenda, items 1 through 44... The city also requested the special magistrate authorize the city to take all reasonable actions to bring the property into compliance and charge the property owner at the reasonable cost of the actions along with the fine imposed.","reason_code":"topicintro"},{"block_id":"s:1552.49","local_start":0,"local_end":140,"evidence_excerpt":"I find that all the respondents in the cases listed by the secretary are in violation of the code set forth in the statements of violation. The respondents in the cases listed have until January 18, 2025 to bring their respective properties into compliance or pay a set fine at $200. I authorize the city to take all reasonable actions to bring the properties into compliance and charge the property owner with the reasonable cost to the actions along with the imposed fine.","reason_code":"topicfinish"}],