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Flagler Beach special magistrate closes several code cases, authorizes foreclosure steps with holds

2139464 · January 23, 2025
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Summary

At a Jan. 22 special magistrate hearing, the magistrate found compliance in one code case, ordered compliance or further enforcement in several others and granted city staff authorization to begin foreclosure processes in two long-running matters subject to delays and status checks.

The Flagler Beach special magistrate on Wednesday, Jan. 22, heard status reports on multiple code-enforcement cases, found one property in compliance, ordered others to comply or face fines, and authorized the city to seek judicial foreclosure in two long-running matters subject to hold periods and status hearings.

The magistrate opened the hearing by taking roll call of staff and then proceeded through status updates on individual properties. The most immediate outcome was that the magistrate found the property held in the Mike Jones Trust (also identified as Adele Asad, 2244 S. Ocean Shore Blvd.) in compliance after city inspections. The magistrate said financial fines threatened earlier would be removed, but administrative and mailing costs would remain; the city identified the outstanding costs in the hearing record. The magistrate directed that an order and invoice be issued and that payment be made at the building department.

Why it matters: the hearing resolved or advanced a set of lingering nuisance and abandoned-structure cases that have affected neighboring property owners and the city's planned stormwater and right-of-way projects.

Key outcomes and supporting details

• Mike Jones Trust / Adele Asad (EEN24-0043). Code enforcement reported on-site remediation and building-inspector sign-off. The magistrate declared the compliance matter closed as to the violations and removed the threatened fines, while directing that administrative costs remain payable. City staff said an order and invoice would be issued to the respondent with payment handled through the building department.

• 1005 Oceanshore LLC (EEN23-0019). City code reported that demolition permitted by the property owner was complete and that the lot had been seeded; photos taken by staff showed grass growth. The city and magistrate discussed forward-looking concerns about soil stabilization and potential runoff to the adjacent, lower-elevation neighbor. The magistrate accepted the city’s status report and noted that erosion-control and perimeter stabilization requirements that apply when a demolition leaves a vacant lot should be addressed to avoid reopening the matter.

• Figured Iris Claxton life estate / 1201 S. Central Ave. (EN24-0036). City staff reported difficulty locating any responsible party or a consistent management contact; photographs taken that morning showed missing soffit and ongoing disrepair. The magistrate directed an order of compliance be prepared. City counsel recommended a fines regime if the property remains noncompliant, proposing $100 per day from the compliance date forward plus administrative costs; the magistrate asked staff to include the city's costs in the order so the commission has a full accounting when the matter returns.

• Sachem Capital Corp. / 3590 S. Ocean Shore Blvd. (N23-0011). The bank’s counsel, Lucian Johnson of Foley & Lardner, said Sachem acquired title following foreclosure proceedings and obtained a demolition permit on Jan. 15; a stop-work hold related to a utility lien was paid Jan. 16. Demolition contractors told counsel they could begin work by Feb. 3. The city asked for authorization to pursue judicial foreclosure tied to the code lien, and counsel for Sachem agreed to a forbearance period to allow the owner to pursue relief before the city initiates foreclosure. The magistrate said he will prepare an order authorizing foreclosure but will include a hold of at least 90 days and a status hearing before any foreclosure proceeds; the draft order will show the city’s costs to date.

• Cortes Artedi and Guelimena / 1336 S. Flagler (EEN220106). This long-running case dates to 2022 and, according to city staff, the respondent has not meaningfully engaged despite repeated notices and hearings. Staff asked that the magistrate authorize foreclosure; the magistrate said he would enter an order authorizing the judicial foreclosure process and include findings describing the notice history and the respondent’s failure to appear. The magistrate clarified that the order is permission to pursue judicial foreclosure, not the judicial foreclosure itself.

Broader enforcement topics discussed

During the hearing staff and the magistrate discussed citywide enforcement priorities: handling encroachments in the public right of way, planned swale projects tied to stormwater management, and parking enforcement options. City staff said swale projects — part of the city’s stormwater plan — may trigger enforcement where private encroachments interfere with rights of way. The magistrate and staff discussed coordination with the police department for ticketing and towing where vehicles or encroachments block emergency access routes.

What’s next

The magistrate instructed staff to prepare orders for the matters that require them: the compliance order and invoice for the Mike Jones Trust, an order of compliance for 1201 S. Central, an authorization-to-foreclose order for Sachem Capital that includes a forbearance period and status hearing, and an authorization-to-foreclose order for the Cortes Artedi matter with findings documenting notice and nonappearance. Staff indicated they will include the city’s accumulated costs in each order and will serve the respondents as required.

Ending

The hearing closed after staff and the magistrate scheduled status follow-ups and discussed operational coordination with the police and public-works teams for forthcoming stormwater and right-of-way projects. The magistrate adjourned the special magistrate session with instructions that orders be prepared and served.