Magistrate continues fines for Texas Court property; family says buyer will close next week

The Fort Pierce special magistrate concluded on March 17 that a heavily out-of-compliance property at Texas Court remains in violation of the International Property Maintenance Code and left daily fines in place, with a recorded balance of $11,720 as of March 14, 2025.

Manuel Fernandez Jr., a City of Fort Pierce code enforcement officer, presented the city’s case for property identified in the hearing as parcel/case 24-527724 Texas Court. Fernandez said the owner, listed as Allen J. Branca, had been cited under IPMC sections 304.2 (protective treatment), 304.13 (window, skylight and door frames) and 304.6 (exterior walls). A prior magistrate order dated Sept. 11, 2024 gave the owner 30 days to comply and assessed $100 per day for continued noncompliance; when the work was not completed, fines were initiated and an affidavit of noncompliance was filed.

Fernandez entered photographs, a copy of the prior magistrate order, an amended affidavit of noncompliance and related property documents as the city’s composite exhibit 1. He told the magistrate the balance was $11,720 and was continuing to accrue daily as of the city’s March 14 accounting.

Joseph Branca, who appeared by telephone and identified himself as a family member involved in the property matters, said the Branca family lacks the funds to complete repairs and that Allen Branca’s health is poor. Joseph Branca told the hearing, “he makes $1,500 a month in social security,” and said the family has arranged a sale to a local buyer who “plans on closing Monday” and to begin repairs immediately. He asked the magistrate to consider stopping fines until the buyer begins work.

The magistrate declined to stop the fines, noting the property remains out of compliance. The magistrate told Joseph Branca that if the property sells, the new owner may later request a hearing (a “Massey hearing” was referenced in the file) to seek reduction or stopping of fines once the property is brought into compliance. The magistrate found the violation continues and ordered fines to continue; the 30-day right to appeal was also announced.

City staff said they have had contact with both Joseph and Allen Branca and that partial actions such as pressure washing had occurred but full compliance was not attained. The magistrate advised that a new owner may file for a hearing after closing to request a reduction but would not halt the current accrual of fines before compliance was achieved.