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Des Luna LLC told to remove damaged, discontinued sign at 223 S. Ninth Ave by July 23 after city cites 180‑day rule

3197313 · March 26, 2025
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Summary

The magistrate ordered Des Luna LLC to remove a damaged, nonconforming sign at 223 South Ninth Avenue by July 23, 2025, after city staff said the property had been closed more than two years and the sign had been damaged in a storm; owners disputed some aspects of notice but were given 120 days for removal.

Special Magistrate Brenna Durden on March 26 ordered Des Luna LLC to remove a damaged and discontinued sign at 223 South Ninth Avenue in Jacksonville Beach by July 23, 2025, citing the municipal rule that signs that remain unused or advertising discontinued purposes for more than 180 days must be removed.

Code Enforcement Officer Nikki Beavers and senior planner Christian Capaldi said the sign was damaged during a storm, was leaning in October 2024 and later stabilized with temporary supports, and that the property has had no business operation for at least two years. Beavers said she issued notices in October and February and posted the notice of hearing at the property; Capaldi cited Division 34-450’s discontinued-sign and repair provisions.

Owner representatives Despina Mallios and Adonis Mallios said they promptly stabilized the sign and disputed that initial notices clearly invoked the discontinued-sign removal rule; they said they are marketing the building and have an LOI under negotiation. The Mallioses provided photographs showing stabilization work and said they had tried to communicate with staff. The property transfer was recorded in public records on Nov. 26, 2024, which the owners said may explain some mailing-mixup concerns.

Durden noted the city’s evidence that the site had been vacant and that the sign had been damaged and ordered removal within 120 days (until July 23, 2025). The magistrate said no fines would be imposed at the hearing but $250-per-day penalties could be applied if the sign is not removed by the deadline. The owner was instructed to notify Code Enforcement by email when removal is complete so the case can be closed.