Special magistrate orders Deltona homeowner to remove or permit lakeside seawall, dismisses right-of-way charge

A special magistrate at a City of Deltona code hearing on June 25 found Fred Kelly II in violation for failing to obtain a building permit before constructing a seawall at 1114 Cambridge Street and ordered him either to obtain a permit and complete permitted work or demolish the structure by Jan. 9, 2026. The magistrate set a continuing fine of $25 per day if Kelly does not meet that deadline and dismissed a separate city allegation that the seawall constituted unauthorized use of city-owned land.

Why this matters: The ruling resolves the code-enforcement question the city brought over a seawall that city staff say extends into Shelby Lake and across the owner's surveyed property line. The decision requires Kelly either to relocate the structure onto land he owns and secure proper permits or to remove it, while leaving questions about aquatic-littoral rights and land ownership for separate civil proceedings if parties pursue them.

The hearing focused on two alleged violations. Jo Samar Jimenez, a Deltona code compliance officer, testified that staff found a retaining/seawall…