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Special magistrate issues widespread code orders: fines, continuances and dismissals across city docket

3028567 · April 17, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At the Feb. 8 Special Magistrate hearing the court issued multiple findings of noncompliance, amended compliance dates, set per‑day fines for repeat offenses and vacated two mobile-home-docket orders; many properties were continued for follow‑up.

The Daytona Beach special magistrate heard more than fifty code-enforcement matters on Feb. 8, 2022. The hearing produced a mix of enforcement orders: findings of noncompliance with compliance deadlines, continuances to allow property owners or new owners time to secure permits or complete repairs, and several daily fines for long‑outstanding violations. Two matters tied to mobile-home rules were vacated and dismissed so they can be re‑handled under the Mobile Home Act procedures.

Why it matters: The magistrate’s docket affects dozens of residential and commercial properties across the city and sets compliance deadlines and penalties that can increase quickly. Owners of rental or vacant properties, landlords and property managers in Daytona Beach should check whether their properties are on file with Neighborhood Services and confirm any outstanding corrective steps.

Key patterns from the hearing: - Repeated noncompliance citations and fines: The magistrate found multiple property owners in noncompliance and set daily fines to begin immediately for properties where no progress had been documented. Several fines were set at $100–$300 per day with caps generally between $10,000 and $20,000 depending on the case and the alleged severity of violations. - Continuances and amended deadlines: Many other cases were continued; magistrate orders amended compliance deadlines to March 2, 2022 (the next cutoff) or later (in a handful of cases, May or July) to allow owners and contractors time to obtain permits, replace windows/doors, or to complete agreed‑upon repairs. Inspectors were assigned to re‑check properties on or before the deadline. - Dismissals under Mobile Home Act: Two prior noncompliance orders relating to MHC Carriage Cove were vacated and dismissed so the city can follow the statutory mobile‑home procedures; the city told the hearing it would re‑handle related enforcement under the appropriate statute.

Votes at a glance (selected docket outcomes — full transcript contains the complete record): - SMG022803 (Cheryl D. Miller, 541 Cedar St.) — Found noncompliant; compliance ordered by 2022-03-02 or return for a fine consideration. - SMG012270 / SMG012245 (Florida Pacific Leasing Co. LLC / Main Street Station, 316 Main St.) — Found noncompliant over seating plan (see separate coverage); compliance ordered by 2022-03-07. - SMG012245 et al. (Florida Pacific Leasing, other permit matters at 316 Main St.) — Multiple permit-related continuances and orders; some items continued for verification. - SMG022405 (Florida Pacific Leasing Company LLC — separate case for 316 Main St. building permits) — Continued; inspectors to verify permit finalization. - SMG022405 (other Main Street permit follow-ups) — Continued to March 2 for permit final inspections. - SMG022470 (Boardwalk at Daytona properties, multiple parcels) — City and developer agreed to amended deadline (03/02/2022) for documentation; several related parcels were continued with the same deadline. - SMG0721198 (Race Coast Marina Land Holdings) — Previous order amended; compliance date moved to May 4, 2022 (returned for hearing 05/10/2022) to allow commission-level reviews connected to rezoning/master-plan items. - SMG012270 (Florida Pacific second listing) — Magistrate found noncompliance; no immediate fine but warned of future penalties for repeat violations. - SMG022203 (Petronas Int’l, 930 Lewis Dr.) — Prior noncompliance remains; fine set at $100/day commencing 02/08/2022 up to $15,000. - SMG012259 (Agri Parcel Associates, 402 Auditorium Blvd.) — Case continued to March 2 while roof permit work is finished. - SMG012245–SMG012270 cluster (316 Main St. building/parking/permitting) — Multiple permit expirations and after‑the‑fact permit issues discussed; many were amended to March 2 or continued for follow‑up. - SMG0222243/2244 (MHC Carriage Cove) — Prior noncompliance orders vacated and dismissed to reprocess under Mobile Home Act procedures. - Numerous other individual orders: magistrate issued findings of noncompliance and, where no progress was documented, daily fines (examples include several South Peninsula Drive and Main Street rental properties operated by GEA Seaside Investments; fines of $100–$300/day were set in multiple cases). The full docket and case-by-case language are recorded in the hearing transcript.

What owners were told: Where owners or managers appeared and showed documented permit applications or imminent repairs, magistrate Riggio routinely amended deadlines to March 2 or later (in a few cases May/July) rather than immediately imposing per‑day fines. For properties with little or no active remediation, the magistrate authorized daily fines to begin immediately.

Practical next steps: Property owners and managers with active code enforcement notices should: - Confirm the exact citation and compliance deadline on file with Neighborhood Services; - If work remains, document permit pulls, contractor schedules, invoices and photos and stay in contact with the assigned inspector; and - If a case was continued, note the magistrate’s new compliance date and be prepared to show proof of completed work before the return hearing.

Ending: The Feb. 8 docket was notable both for the breadth of properties discussed — residential, rental, commercial and redevelopment parcels — and for the magistrate’s mix of enforcement tools: fines for persistent noncompliance, amended deadlines where real remediation was under way, and dismissal of matters that require reprocessing under specialized statutes.