A Daytona Beach Shores code enforcement magistrate found that a beachfront property associated with L and Z Ocean Breeze remained in violation after the ordered compliance date of Jan. 21 and ordered fines to accrue at $250 per day until the property is brought into compliance, plus an $85.53 administrative fee due within 30 days.

The magistrate announced the finding after the city presented photographs and a compliance affidavit documenting six alleged violations along the property’s east side, including a damaged or missing seawall, undermined pool deck and missing rail above the seawall. The city asked the magistrate to impose daily fines for continued noncompliance; the magistrate granted the request, issuing “Order No. 11” and saying, “I’m going to order $250 a day until it’s rectified.”

Why it matters: The property sits on an eroded section of beach where the seawall that once protected structures has been reduced or destroyed. The magistrate’s order creates a daily financial penalty that will continue until code inspectors confirm the work required by the city’s permits is complete.

City attorney’s presentation and evidence
Miss Hirstein, representing the city in the hearing, presented six categories of violations with dated photographs showing progressive damage and temporary measures (sand or “cat” bags) installed after the ordered compliance date. Hirstein told the magistrate the city’s affidavit (listed in the record as page 4B-27) supports the requested fines and administrative fees.

Building official’s testimony and permits
Steve, identified in the hearing as the building official for the City of Daytona Beach Shores, told the magistrate he had reviewed the submitted documents and confirmed two permits had been pulled for the property since mid-2018: one permit, obtained Jan. 2, 2025, for seawall reconstruction and another for concrete restoration to the structure. Steve said those two permits appear to be the “bigger permit” needed to correct the violations but confirmed a separate, minor permit would be required for rails and that no permit for the pool or deck had been submitted: “No, it is not” part of the seawall permit, he said.

Owners, contractor and production delays
Michael Crosby, who identified himself as the property’s general manager, and Mr. McGregor, who said he was the owner’s representative, told the magistrate the project has been delayed by production and post-storm rework. McGregor said the owner (identified in the record as associated with L and Z Ocean Breeze) bought the property with the known issue and that the project required resequencing after a subsequent hurricane and re-engineering work. McGregor acknowledged panels for the seawall were not ordered until December 2024 and that delivery was scheduled no later than April 2, and he supplied an estimate from General Contractor Services LLC that placed the project cost at $575,000 with a five-month timeline in a May 13, 2024 estimate.

Environmental restrictions and timing
Steve and others noted work on the beach is subject to separate environmental restrictions: the Florida Department of Environmental Protection and Volusia County limit work during sea turtle nesting season. The participants discussed the season start date; in the hearing the magistrate and staff referred to May 1 as the start of turtle season and cautioned that if state or county authorities prohibit work during that period, the city cannot compel them to allow it.

Requests for mitigation and magistrate’s directive
The property representatives requested mitigation of fines, citing a failed homeowners association, complex timeshare title issues and financing hurdles. The magistrate said the mitigation worksheet submitted would not be sufficient as written and invited the property representatives to prepare a more complete mitigation submission at a later mitigation hearing. The magistrate declined to waive fines at the hearing, instead ordering fines to accrue immediately and the administrative fee to be paid within 30 days. The magistrate closed the hearing by scheduling follow-ups and telling the parties to bring photographic evidence when they seek a subsequent compliance hearing: “Bring lots of pictures.”

Next steps and scheduling
The magistrate listed upcoming hearing dates on the record (as stated in the hearing): April 17, 2025; May 15, 2025, at 9 a.m.; and additional hearings scheduled through June and beyond. The magistrate said the fines will continue until code inspection confirms full compliance and encouraged the owners to notify code inspectors once the seawall work is complete so inspectors can verify compliance.

What was not decided
No permit approvals, building permits for the pool or deck, or a final completion review occurred at this hearing. The magistrate’s order imposes civil fines and an administrative fee; it does not change state or county environmental rules that could delay work during turtle season.