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Contractor says new seawall technology behind delays but city finds 3159 S. Atlantic noncompliant

May 16, 2025 | Daytona Beach Shores, Volusia County, Florida


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Contractor says new seawall technology behind delays but city finds 3159 S. Atlantic noncompliant
A Daytona Beach Shores code enforcement magistrate found the owner of 3159 South Atlantic Avenue not in compliance with repair orders tied to seawall destruction during the late‑2022 hurricanes and issued an order imposing administrative fees and future daily fines until the work is complete.

The city’s presentation described four violations related to seawall destruction and ongoing erosion at the vacant lot, and documented a timeline in which the owner was ordered to install purpose-made protective sandbags by April 30 and to complete backfilling, final engineering submittals and a final inspection by Jan. 21, 2025. The city’s reinspection two days after the first ordered compliance date showed the owner had placed protective sandbags but had not completed all work required for final compliance.

Why this matters: the seawall and erosion at the site are tied to neighborhood shoreline stability and can affect adjacent properties. The magistrate noted progress but found the property noncompliant as of the January compliance deadline and imposed administrative costs; fines will accrue from the failure of compliance until full compliance is achieved.

City code enforcement representative Miss Herstein showed inspection photos from 2023 and early 2024 and a follow-up inspection taken Jan. 23 that showed work staged but incomplete. Building official Steve Evans confirmed the photographs matched his observations. Inspector notes in the city packet documented the issued compliance dates and reinspection history.

Contractor Edwin Peck, who identified himself as the contractor on the project, described the seawall technology as a newer system: a plastic tube inserted into the ground that evacuates soil, is filled with concrete and uses rebar — a system Peck said can be raised later by removing a cap. Peck acknowledged delivery and manufacturing delays for the new materials but told the magistrate “we are progressing” and noted another concrete pour the day before the hearing. He asked the magistrate to consider the long-term benefits of the technology, saying it has an expected life “over a hundred year.”

Magistrate LaRoche ruled that the property was not in compliance by the January 2025 date, issued an order (Order No. 11), and ordered payment of administrative fees of $92.43 within 30 days. LaRoche also reminded the respondent that fines of $250 per day will run from the failure of compliance until full compliance is achieved.

Next steps: the city will likely schedule a second compliance hearing to review progress toward final engineering, backfill and final inspection; the respondent was told fines continue to accrue until the city documents full compliance.

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