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Magistrate reduces $297,000 code-enforcement lien to $206,250 for South Atlantic property owner
Summary
A Daytona Beach Shores code enforcement magistrate found the owner of 2120 South Atlantic Avenue LLC out of compliance and reduced an accrued $297,000 fine, citing hurricane impacts and other factors; the magistrate ordered administrative fees paid within seven days.
Special Code Enforcement Magistrate Steve De La Roche on the record reduced a $297,000 accrued code-enforcement fine against the owner of 2120 South Atlantic Avenue LLC and ordered payment of administrative fees within seven days.
The magistrate said the owner, present as Joseph Ernest, had been found noncompliant under the city’s code-enforcement case (Case CDEF2020-95) and that the standard formula for fines — days out of compliance times the daily penalty — produced the $297,000 figure the city presented. De La Roche said he would subtract days when the owner showed he could not be responsible for delays and acknowledged material and labor shortages after multiple named storms.
“Legally, if your agent has notice, you have notice,” De La Roche said during the hearing. But he continued that because the…
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