Magistrate orders Deans to obtain permit and move shed at 412 Banana River Boulevard or face $50-a-day fines

Special Magistrate Lonnie Greer found Donabelle Dean and John Dean in violation of Cocoa Beach code on Jan. 8, 2025, after the city presented evidence that a shed on the property at 412 Banana River Boulevard lacked the required permit and encroached on required setbacks.

The magistrate’s order requires the respondents to apply for the correct permit and reposition the shed to meet setback requirements within 10 days; Greer said that failure to comply will trigger a daily fine of $50 for each violation until resolved. The city had previously issued a $100 citation and a notice of violation after several attempts to secure compliance.

City representative Miss Crawford told the hearing the shed was first observed Oct. 21, 2024; a courtesy letter was sent Oct. 22 and a formal notice and citation followed after no permit was pulled by Nov. 25 and Dec. 9, respectively. Crawford said site visits showed the shed placed directly on the property line and not secured to a concrete pad.

Greer noted the city’s presentation and, because neither respondent appeared after multiple calls of the case, made a finding of code violations under the sections cited by the city and entered the compliance deadline and fines. The magistrate specified the $50-per-day fines apply to each violation separately, not as a single combined daily amount.

The city clerk and code enforcement personnel were in the hearing record; the city manager briefly entered the room during the Deans’ case. No respondent testimony or sworn statement was received at the hearing.

The order will be entered and remain on the public record; the city may pursue collection of daily fines that accrue if the respondents do not take the steps required in the order.