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Special magistrate finds homeowner not in compliance; daily fines to run, administrative fees ordered
Summary
At a Daytona Beach Shores code enforcement hearing, a special magistrate found a homeowner not in compliance with an enforcement order and stated daily fines would run; the magistrate ordered outstanding administrative fees to be paid within 30 days.
A special magistrate for Daytona Beach Shores found a homeowner not in compliance at a first compliance hearing and announced that fines would begin to accrue while the property remains out of compliance.
The homeowner, identified in the hearing as Mr. Miller, told the magistrate the damaged house moved from a repair to a reconstruction project and now requires engineering drawings and a longer timeline. “This has kind of set us back, requiring substantial demolition of the house. So we originally were planning on a repair. Now we are essentially rebuilding, 20 to 30% of the home,” Miller said during the hearing.
The magistrate said the city’s original order required “all final inspections and permits” and that while the site may meet some construction-site standards, it was not fully compliant with the final-inspection requirement. The magistrate told Miller the hearing was where compliance is determined, not where fines are negotiated, and that any negotiation over abatement would be with the city later in the process. The magistrate also noted the possibility of forgiving fines at a later compliance hearing if persuasive evidence is presented.
At the hearing the magistrate stated an order imposing fines, saying from the bench: “I'm going to find you not in compliance. I'm gonna order an order number $11,250 dollars a day until it is brought into compliance.” The magistrate also ordered outstanding administrative amounts from prior hearings: $149.09 from the first hearing and approximately $85.53 from the current hearing, to be paid within 30 days.
Miller said his decision is to rebuild, not demolish, and that the pace of rebuilding will be determined by whether fines or construction costs are reached first. A contractor representative was present to discuss timeline, but the magistrate said the second compliance hearing is where reductions or rescissions of fines would be considered.
The magistrate closed by reiterating that the finding of noncompliance and the start of fines is procedural at this stage and encouraged the homeowner to document any permit delays or other factors before the next hearing.
The matter was continued to a second compliance hearing, at which the magistrate said he would consider any materials the homeowner submits about permitting delays or other circumstances when determining whether to reduce or rescind fines.
