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Code board finds Marion Street property in noncompliance; owner told to resolve condemnation or face fines
Summary
The board found Ozzie B. Lucy's property at 424 Marion Street in noncompliance, continued the case to the June 4 cutoff and authorized possible fines up to $1,000 per day (maximum up to $10,000) if the owner does not make progress toward removing the condemnation and obtaining permits.
The Daytona Beach Code Enforcement Board on May 8 found the Marion Street property owned by Ozzie B. Lucy in noncompliance and continued the matter to the board's next cutoff (June 4) to allow time for permit review and resolution of a condemnation. The board amended the motion to specify a possible fine (up to $1,000 per day, up to a $10,000 maximum) if the property was not brought into compliance.
Why it matters: The property is recorded as condemned in the city's IMS system; the board and inspectors said they need the condemnation record and any related reports clarified before concluding whether the structure is repairable. If the condemnation cannot be released and repairs are not completed, the owner could later face daily fines and a lien.
What the board heard - Inspector Sarah Kirk reported the case began as a complaint after a house fire in August 2024; the listed violations included a damaged roof, broken windows, exterior damage and debris. The property was cited and remained in noncompliance at the inspector's last reinspection. - Attorney Tanner Andrews, representing the property owner, told the board the owner (Mister Lucy) had difficulty obtaining permits and that the owner had health and financial challenges; Andrews said the owner would do repairs once permits were issued. - Mister Lucy told the board he could do the repairs but could not proceed without the city issuing permits; he said the property is "fixable" and requested the board's patience.
Board action and conditions - Finding: The board found the property in noncompliance. - Deadline: The board continued the case to the next cutoff date (the board identified 06/04/2025 as the next cutoff/meeting date). The board directed the owner and counsel to stay in contact with the city inspector and urged the inspector to provide documentation related to the condemnation. - Possible fine: The board amended the motion to include a potential fine if the property remained noncompliant at the next meeting: a daily fine up to $1,000 per day, with a maximum of $10,000. - Securing/condemnation: Board members requested documentation from the inspector showing the reason the property was condemned and asked code staff to see whether the condemnation could be released if repairs could be completed.
Discussion vs. decision - Discussion: The board and parties discussed the existence and nature of the condemnation order, why permits had not been issued and whether the structure could be made safe and permitted. - Direction: Staff and counsel were told to exchange documentation; the inspector agreed to email the records and photos to the attorney and the board secretary. - Decision: The formal decision was to find the property in noncompliance and to continue to the June 4 cutoff with a possible fine if compliance is not achieved.
Ending: Inspector Sarah Kirk and counsel Tanner Andrews were told to maintain contact. The board emphasized that it prefers compliance and that fines are a remedial tool if progress is not shown.
