Special magistrate hears request to cut $83,600 code-enforcement lien on Cape Canaveral property

A Special Magistrate on July 22 heard testimony from City of Cape Canaveral staff and family members seeking a reduction or release of a code-enforcement lien recorded against the Rita M. Goldberg life estate at 403 Harbor Drive.

Rick Geller, the Special Magistrate appointed by the City Council of Cape Canaveral, opened the hearing by explaining the application process under City code and Florida law and listing the factors he must weigh in recommending a reduction or release. "The first thing that must happen is an applicant submits an application for a reduction of a lien or release of a lien," he said, describing documentary and procedural requirements. He said his recommendation would go to the City Council, which makes the final decision.

Gerald Coates, the city's code manager, told the magistrate that staff's records show the lien had accrued retroactively beginning July 22, 2020, pursuant to earlier magistrate orders and that the recorded lien had reached roughly $83,600 before the city discontinued active collection when the property was determined to be in compliance on May 9, 2025. "The city stands firm on required payment of the full lien amount of $83,600 in order to satisfy and remove the lien from the property," Coates said, noting that staff and attorney costs are part of the total.

Julianne Elizabeth Stowell, who identified herself as the granddaughter of Rita M. Goldberg and spoke for the family, said the family believes the violations were corrected by the end of 2020 and that failures to notify the city—compounded by health crises and other family emergencies—prevented formal confirmation. "We come before you today to respectfully acknowledge the citations," Stowell said, and asked the magistrate to consider reducing the fines to $8,200 to reflect the family's account of the 2020 circumstances.

Magistrate Geller pressed both sides on documentary evidence. He noted conflicting records: city documentation showing verification of compliance in May 2025 and the family's assertion that repairs and maintenance were completed in 2020. He asked for corroborating proof such as dated photographs, contractor invoices, or sworn testimony from witnesses who could corroborate earlier repair dates and emphasized that out-of-audience witnesses would need to be sworn to be part of the record.

Family members described a series of serious illnesses, hospitalizations and deaths that they said limited their ability to manage property matters at the time of the original citations. Barbara Stowell, who was sworn to testify, gave additional detail about medical hardships and said the property had been appraised at about $1,000,022; she and other family members described attempts to repair fencing and maintain the property but acknowledged a lack of contemporaneous contractor records or other formal proof covering 2021–2025.

Geller noted the gravity of the original violation — which involved an unsecured pool he described as an "imminent and continuing threat to public health and safety" — and said he would weigh that safety concern along with the duration of noncompliance, responsibility for the violation, market value comparisons and any evidence of financial hardship or mitigation. He told participants he had not been given a city-manager administrative review standard to apply uniformly and observed that staff were still calculating administrative and attorney costs.

The magistrate declined to make an immediate final ruling at the hearing. He said he would review the record and issue a written recommendation to the City Council in about seven to ten days; the council will give the recommendation "considerable weight" but will make the final decision. With no further testimony, Geller adjourned the hearing.

Next steps: Geller will circulate a written recommendation to be considered by the City Council; the family and city may supply additional documentary evidence before the council acts.