Magistrate orders owner to fix railing or face review after June 9 compliance deadline
April 09, 2026 | Cocoa Beach, Brevard County, Florida
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A special magistrate at a March 30 hearing found a code violation for the balcony at 55 Cedar Avenue Unit 1 and ordered the property owner, Richard C. Foster, to come into compliance by June 9, 2026.
The city’s presenting witness, Danielle Crawford, said she inspected the unit on Aug. 14, 2025 and “observed the balcony in dilapidated condition without railing,” and cited violations of section 10-22 and sections 304.1 and 304.10 of the property maintenance code and the International Property Maintenance Code. Crawford told the magistrate that, while trash and an inoperable vehicle had been removed, no permits had been pulled and the balcony still lacked a railing.
Foster acknowledged there is no railing and described repeated repair attempts and financial constraints. “I have been scammed to the tune of $120,000. The FBI is involved in it now,” he said, explaining that a lack of funds and help has delayed repairs. He told the magistrate he has materials staged but needs assistance to install and said previous repairs failed after hurricane damage.
The magistrate and city representatives emphasized safety and code requirements, noting that railings must meet code load requirements and that work requires permits and inspections. The city offered temporary options to block access to the deck, help from a code officer on low-cost interim measures, and a list of contractors or owner-builder permit options to make compliance more feasible.
The magistrate said an order will be entered documenting the violation and the compliance deadline, and explained next steps if the owner remains noncompliant: “the property owner will have until June 9th of 2026 to come into compliance. And that should the property owner not be in compliance on June 9th, the hearing on June 10th will determine whether additional time is granted or a fine is established.”
The magistrate’s written order is to be issued in the days after the hearing. The city said it will return to the magistrate on June 10 to report on progress or propose fines if the owner has not complied.
The city’s presenting witness, Danielle Crawford, said she inspected the unit on Aug. 14, 2025 and “observed the balcony in dilapidated condition without railing,” and cited violations of section 10-22 and sections 304.1 and 304.10 of the property maintenance code and the International Property Maintenance Code. Crawford told the magistrate that, while trash and an inoperable vehicle had been removed, no permits had been pulled and the balcony still lacked a railing.
Foster acknowledged there is no railing and described repeated repair attempts and financial constraints. “I have been scammed to the tune of $120,000. The FBI is involved in it now,” he said, explaining that a lack of funds and help has delayed repairs. He told the magistrate he has materials staged but needs assistance to install and said previous repairs failed after hurricane damage.
The magistrate and city representatives emphasized safety and code requirements, noting that railings must meet code load requirements and that work requires permits and inspections. The city offered temporary options to block access to the deck, help from a code officer on low-cost interim measures, and a list of contractors or owner-builder permit options to make compliance more feasible.
The magistrate said an order will be entered documenting the violation and the compliance deadline, and explained next steps if the owner remains noncompliant: “the property owner will have until June 9th of 2026 to come into compliance. And that should the property owner not be in compliance on June 9th, the hearing on June 10th will determine whether additional time is granted or a fine is established.”
The magistrate’s written order is to be issued in the days after the hearing. The city said it will return to the magistrate on June 10 to report on progress or propose fines if the owner has not complied.
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