Pensacola special magistrate finds multiple properties in code violation; fines, compliance deadlines set

Special Magistrate Matthew Hargraves of the City of Pensacola Code Enforcement Authority on May 6 ordered $200 in court costs in each of several cases and set compliance deadlines and daily fines for properties the city found remained out of compliance with sanitation or property-maintenance rules.

The rulings followed evidence presented by city code enforcement officers, primarily Tom Lucia and Kevin Smith, who testified about sanitation accounts, photographs of property conditions and certified notices of violation. Hargraves found notice had been properly provided in each case and entered orders that either required payment of court costs and compliance by set dates or, where compliance had since been achieved, assessed court costs only.

The findings affect at least six addresses inside Pensacola city limits: 1340 East Yonge Street (case CE251769), 4231 Langley Avenue (CE251201), 867 Berkeley Drive (CE245738), 1004 East Jackson Street (CE251929), 211 Fairfax Drive (CE251877) and 905 North K Street (CE25936). Court costs of $200 were ordered in each matter. Where properties remained noncompliant, magistrate Hargraves set deadlines for corrective action and ordered daily fines to begin if compliance was not achieved by those dates.

Tom Lucia, code enforcement specialist for the City of Pensacola, testified in multiple sanitation-service cases that properties lacked active city sanitation accounts and that certified notices and hearing postings had been completed. In the case of 1340 East Yonge Street (CE251769), Lucia said the sanitation account showed a delinquent balance and that certified-mail notice had been signed on March 26, 2025. Hargraves found the property in violation, ordered $200 in court costs payable within 30 days and directed that, if the property was not brought into compliance by May 19, 2025, daily fines of $25 per day would begin on May 20, 2025.

Ada James, the property owner present for 1340 East Yonge Street, told the magistrate at the hearing, “They took the garbage can.” Hargraves explained the municipal ordinance requires residents who occupy a property to maintain active sanitation service and instructed James to contact Sanitation Services to set up service and to pay court costs at the address provided by the court. Hargraves read the compliance and fine schedule into the record and said the sanitation office number was (850) 435-1800 and that court costs are payable at 2849 North Palafox.

Kevin Smith, code enforcement officer, presented evidence in the Langley Avenue case (CE251201), citing photographs showing vehicles, a dilapidated shed and accumulation of materials that he said violated the International Property Maintenance Code (IPMC) sections on accessory structures and motor vehicles and municipal nuisance provisions. Smith noted there is an existing substandard-structure case related to that property with a separate $50-per-day fine that has been accruing since 02/2016. For CE251201 Hargraves ordered $200 in court costs and set a compliance date of June 2, 2025; if the property is not brought into compliance by that date, a $50-per-day fine will begin on June 3, 2025.

For 867 Berkeley Drive (CE245738), Kevin Smith testified that notices and postings began in October 2024 after an inspection showed excessive weed growth and right-of-way violations. Hargraves found the property in violation, ordered $200 in court costs and set June 2, 2025 as the compliance deadline; daily fines of $25 per day will begin June 3, 2025 if the property remains out of compliance.

In two cases the city presented evidence that the properties were noncompliant during the notice period but had since been brought into compliance. Tom Lucia said the sanitation account for 1004 East Jackson Street (CE251929) showed the property was out of service when referred for hearing on April 23, 2025, but that the account was in compliance as of April 28, 2025. Hargraves ordered $200 in court costs but declined to impose daily fines because the property had been brought into compliance.

Similarly, the property at 211 Fairfax Drive (CE251877) was found to have lacked sanitation service before the notice period expired but was shown to be in compliance as of May 5, 2025. Hargraves ordered $200 in court costs and did not order additional daily fines.

Tom Lucia presented the 905 North K Street matter (CE25936) with photographs, certified notices and a delinquent CIS sanitation bill. Hargraves found the property in violation, ordered $200 in court costs payable within 30 days, and set May 19, 2025 as the date to achieve compliance; if not achieved, daily fines of $25 per day will begin on May 20, 2025.

Magistrate Hargraves noted that, in every case, he found notice had been properly provided as required by Florida statutes and that court costs were allowed under Florida Statute 162.07. Where the city requested daily fines, Hargraves set the dollar amounts and start dates consistent with the evidence and statute. The authority heard no requests to increase existing fines or liens and had no unfinished or emergency business to address. The hearing adjourned after the listed matters were addressed.