Commission denies reduced fine request for Dollar General property after special magistrate recommendation

The Deltona City Commission voted 4-3 Monday to deny a respondent27s request to reduce code-enforcement fines for a commercial property at 55 Cortland Boulevard (parcel ID 813060). The special magistrate had recommended reducing the original fine of $11,800 to $1,180 (10% of the original amount), but the commission declined that recommendation after review of the record and testimony about the length of noncompliance.

City staff described the case as arising from an expired permit and discrepancies tied to a fire-case inspection; staff said the property remained out of compliance for 472 days from the date the violation was discovered until it was corrected. A member of the public criticized the commission for inconsistent enforcement in other matters and urged the commission to reduce the fine. City staff and the city attorney clarified that the commission must base any decision on the record presented to the special magistrate; the city attorney noted the special magistrate recommended approval but the commission is authorized to make a different determination based on the record.

Commissioners discussed public-safety implications and timeliness of compliance. Commissioner Lully said the motion to deny was based on "the testimony and evidence presented" at the hearing. Commissioner Villalazquez noted the magistrate's recommendation to reduce the fine to $1,180 but staff confirmed the case involved fire-permit complications and contractor inspection scheduling, and that earlier compliance was possible. After debate, the motion to deny the reduction passed 4-3.

The commission's decision leaves the original fine and enforcement record in place; staff will proceed per code enforcement procedures.