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Magistrate declines to find repeat parking violation after city cannot produce underlying order
Summary
Two repeat‑violation cases alleging parking and storage were consolidated. The respondent testified the lot was used for short, event‑specific parking and hurricane recovery containers were moved; the magistrate found insufficient evidence of a previous parking order and declined to assess repeat fines.
Special Magistrate Erica Augello consolidated two repeat‑violation matters alleging unlawful parking, storage and containers on a vacant lot and declined to find repeat violations after reviewing testimony and the city’s record.
Code enforcement presented a packet of photographs and affidavits showing cars, trailers, storage containers and a sign advertising beach parking. Officer Newman and Officer Jones attested to photographs taken on specific dates, and neighbor Amy Auerbach said she photographed beach‑parking promotions on Memorial Day weekend.
Respondent Robert Cezanne testified he opened the lot for two limited purposes — a celebration of life and for Memorial Day weekend — and said the vehicles were tied to those discrete events. He also said containers were placed on the property during hurricane recovery and that he had since moved the containers off‑site. Cezanne argued his actions supported parking access during localized city demand and denied ongoing noncompliant use.
The magistrate reviewed the city’s prior order materials and concluded the packet submitted did not include an underlying magistrate order establishing an initial parking violation necessary to sustain a repeat‑violation penalty. Because the evidence in the city’s packet showed notice but not a prior finding of parking violations in the conclusions of law, Augello found the city had not met the burden for a repeat violation and declined to assess fines or administrative costs for the repeat claims. She warned the city it may not recycle evidence from that prior notice to claim a repeat violation without newly produced evidence.
Augello asked the city to be judicious in future repeat‑violation presentations and encouraged both parties to work cooperatively; she said she would issue orders dismissing the repeat‑violation allegations for cases 20260104 and 20260201. The magistrate granted the city a continuance on a separate Plaza Beach Motel case to allow staff to determine whether city contractors placed debris on the private property; that item will return Aug. 10 at 10 a.m.
No fines were assessed for the consolidated repeat matters at this hearing.
