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Palm Bay magistrate reduces three code-enforcement liens, sets payment deadlines

City of Palm Bay Special Magistrate Hearings · December 18, 2024
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Summary

At a Dec. 18 special magistrate hearing, City of Palm Bay Special Magistrate James Beadle ordered reductions and deadlines for three code-enforcement liens, cutting one large lien to 10% plus a $750 administrative fee and approving two additional reductions to administrative fees.

Palm Bay Special Magistrate James Beadle on Dec. 18 approved reductions for three property code-enforcement liens, ordering payment deadlines and administrative fees after brief presentations from property owners and city code staff.

The largest case involved a lien totaling $24,684.70 for the property at 1367 Stewart Avenue NW. Attorney Farhad Nagoon, representing the trustee FLTR LLC (the Stuttgart Avenue Land Trust), asked for a full reduction, saying his client promptly brought the property into compliance after purchase. Code Compliance Division Manager Valerie Pzenes told the magistrate the city sought a 13% reduction, which would total about $3,209 plus a $750 administrative fee. Magistrate Beadle ordered a 10% reduction — $2,475.50 — plus the $750 administrative fee and set the payment period at 30 days. Attorney Nagoon acknowledged the court’s order.

In two other matters the magistrate granted smaller reductions. At 749 Fairhaven Street NE, applicant Luciana Barr presented proof that exterior paint and a removed fence had been repaired and said she had documentation of contractor payments. Barr said she missed an earlier code enforcement board hearing because mailed notices were sent to an out-of-state mailing address. City staff did not object to a reduced amount and sought a $750 administrative fee; Magistrate Beadle ordered the reduction to that $750 fee and noted the usual payment expectations.

At 2813 Floresta Drive NE, homeowner Nicholas Robert Cabo described refurbishing his first house, said the property is up for sale, and asked for leniency while noting limited personal funds. City staff again proposed a $750 administrative reduction; Magistrate Beadle granted the reduction and allowed Cabo 60 days to pay the reduced amount, warning that failure to comply could result in reinstatement of the original fine.

Magistrate Beadle opened the hearing at 1:00 p.m., administered the routine oath to witnesses, and closed the session at about 1:19 p.m. The orders require the reduced amounts to be paid within the timeframes he set or the original lien amounts may be reinstated under the usual procedures.

Quotes from the hearing reflect the parties’ positions. Applicant Luciana Barr said she had “proof of the work that was done as well as the payments made to the contractor.” Nicholas Robert Cabo described the house as “my first home on my own,” and said he had been working to refurbish the property after a family bereavement. Attorney Farhad Nagoon said, “we are requesting a full reduction” for his client. Code Compliance Division Manager Valerie Pzenes advised the magistrate of the city’s recommended administrative fees and reduction percentages.

The magistrate’s written orders will specify the exact amounts and deadlines; magistrate Beadle told parties to return if they could not meet the payment schedules so the court could consider further relief. The hearing was adjourned at approximately 1:19 p.m.