Special magistrate fines owners over unfinished renovation at 618 Madison Ave., Cape Canaveral

Special Magistrate Rick Geller on May 27, 2025 found Antonio and Lydia Romano in violation of a prior magistrate order and imposed daily fines for an unfinished renovation at 618 Madison Avenue in the City of Cape Canaveral.

Geller said he would assess $100 for the first day and $50 for each day thereafter, beginning Nov. 7, 2024, and that the fines "will continue to accrue until they bring this property into full compliance with the code." He ordered the city to obtain a certified copy of his written order when issued; that certified copy may be recorded in the public records and become a lien in favor of the city under city code §2‑252(e) and Florida Statute §162.093. The magistrate said foreclosure and recovery of attorney fees remain remedies available to the city if the respondents do not cooperate.

City staff described a long-running construction dispute and a site in visible disrepair. Officer Coase, a city code enforcement witness, said the property "continues to exhibit conditions that negatively impact the surrounding community" and noted exposed brick, missing stucco and deteriorated exterior surfaces after construction activity ceased in November 2024. Staff told the magistrate that a demolition permit was issued in February 2023 and remained active (expires 08/19/2025) and that a construction permit issued Feb. 2, 2024 (permit number P23‑0729) expired May 7, 2025. Staff also said there was no written cancellation of the permits and no evidence the owners corrected the cited violations.

Geller reviewed the cited code provisions, saying the property violates multiple sections of the International Property Maintenance Code as adopted by the city, including provisions on exterior property areas, accessory structures, protective treatments and weatherproofing. He declined to include the partially demolished deck in the order because the demolition remedied that particular violation, but he found remaining violations related to stucco deterioration, missing handrails and weatherproofing.

Staff recommended finding the respondents in violation and imposing the fines and enforcement costs; no costs were presented at the hearing. The respondents did not appear. Geller said he would prepare and file a written order by the end of the week and confirmed the fines begin accruing Nov. 7, 2024. He adjourned the hearing after receiving no further business from staff.

Next steps: the magistrate will issue a written order; the city may record the certified order in Brevard County public records after three months, at which time the fines become a lien enforceable against the property and potentially other real or personal property of the respondents.