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Magistrate orders larger fine for unresolved potholes, lighting at Mesa Nova plaza
Summary
City inspectors told the magistrate that potholes were repeatedly cold patched and parking-lot lighting remained nonpermitted; the city recommended a $500-per-day fine with a $70,000 cap. The magistrate warned the respondent to resolve permits and coordinate with City Hall.
The special magistrate on Jan. 14 heard a city request to impose fines over recurring pothole and parking-lighting violations at a plaza owned by Mesa Nova Daytona LLC. City inspectors documented repeated cold-patch repairs to potholes and one parking fixture missing a bulb; the inspector also reported that lighting plans submitted May 6, 2024, had been returned for revisions and that no lighting permit had been issued.
The city warned that patrons were still experiencing unsafe conditions at the plaza. Staff recommended a fine of $500 per day with a cap of $70,000. An inspector told the magistrate that a photo taken Jan. 9 showed at least one fixture with no bulb “you can see the fixture and you can see the sky through the fixture as there’s no bulb even inserted in the fixture.”
Representatives for the respondent said they were waiting for plan approvals and that preconstruction meetings could not occur until the city had approved revised plans. City staff told the magistrate that the property’s final site plan had not yet been reapproved and that construction plans had not been submitted to the building department for permit review.
The magistrate found the respondent in noncompliance for lighting and pothole issues and warned that fines would begin to accrue if corrective action was not documented; he urged the respondent to come to City Hall and meet with relevant staff to move the permitting process forward. Staff told the respondents that resolving the lighting permit and approved site plan were the immediate compliance items; once the inspector verifies the lighting and pothole repairs, the file will stop running while other project work continues toward full completion.
The magistrate’s order leaves an active compliance path: submit revised plans, obtain the necessary lighting permits and coordinate a preconstruction meeting so work can be inspected and approved.
