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Magistrate reduces accrued fines for All American Oil but orders continued fines until repairs complete
Summary
The magistrate reduced the previously assessed accrual on All American Oil's Deltona Boulevard property to $1,500 and ordered continuing fines of $50 per day until permits are issued and required work is completed.
The special magistrate reviewed a long-running case involving All American Oil LLC at 900 Deltona Boulevard and issued an order that reduced an accumulated fine figure while continuing daily fines until required permits and repairs are completed.
City Code Compliance Officer Dennis Muse told the magistrate that a July 28, 2021 order had given the owner 60 days to complete exterior renovations. Muse testified the owner had not come into compliance and that a daily fine of $50 per day began on Sept. 28, 2021. The city said fines had accrued and that the property had a total assessed amount the city calculated at about $6,050 prior to the hearing; the city also said permit documents had been submitted but the exterior work was not completed.
A person identifying himself as the property representative said the owner had experienced contractor and plan delays after a fire, had submitted interior plans only recently, paid past-due permit fees that day, and said exterior permit work was under way with an exterior permit extended until April 26.
Magistrate Bill Reisman said he found the property remained in violation and that he was limited to enforcing the previously entered order. He reduced the previously assessed accumulated figure to $1,500 as an immediate amount and ordered that fines continue to accrue at $50 per day until the property is brought into compliance. Reisman told the owner that if work were completed immediately, the total would be $1,500; otherwise, additional $50-per-day fines would be added. Reisman stressed that the goal was compliance rather than punishment.
Discussion only: city's evidence of noncompliance and the property representative's explanation of contractor, permit and fire-related delays. Direction: owner to obtain required permits and complete renovations; notify code staff. Formal action: magistrate order reducing the assessed amount to $1,500 and continuing fines at $50/day until compliance.
The magistrate also warned the owner that further delays would lead to continued accrual of fines and that future hearings were unlikely to result in further waivers of accrued penalties.
