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Magistrate gives Beach Street Place LLC seven days to file compliance affidavit for roof work or face $100-a-day fines

January 08, 2025 | Cocoa Beach, Brevard County, Florida


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Magistrate gives Beach Street Place LLC seven days to file compliance affidavit for roof work or face $100-a-day fines
At the Jan. 8, 2025 special magistrate hearing, the magistrate set a seven-day period for Beach Street Place LLC to file an affidavit of compliance demonstrating work on an out-of-compliance roof; failing that, a $100-per-day fine will commence.

Miss Crawford summarized the prior order (dated July 10) and told the magistrate the respondent has completed some items (fence repair, stair tread replacement, laundry ramp) but has not provided sealed engineering reports or applied for a roof permit as required by the earlier order. City materials showed unsealed or unsigned documents and a partial contract rather than the engineer’s sealed report the city required to evaluate whether additional strapping or other measures were necessary for the roof.

Building official Jake Castillo told the magistrate he spoke with the on-call respondent (Riley) the morning of the hearing and that Riley said a permit would be submitted imminently. Castillo said he was willing to meet on site with a licensed general contractor to determine whether strapping or additional work is required, but emphasized the matter had been delayed and the city would proceed if compliance was not documented.

The city asked the magistrate to begin daily fines; the magistrate and the respondent (on the phone) agreed to a compromise: if an affidavit of compliance is filed within seven days, the fine will not commence; if no affidavit is filed, the fine will start at $100 per day the day after the seven-day window expires. The magistrate said an order to that effect would be entered.

The respondent participated by phone and the magistrate recorded the exchange as unsworn argument (phone testimony was accepted as argument but not as sworn evidence). The magistrate instructed the parties that documentation (permit application, sealed engineer report or affidavit of compliance) should be provided to the building official and entered into the record to halt fines.

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