Magistrate finds pallet yards in residential area present serious public-safety threat, signals intent to notify commission

The City of Daytona Beach asked the special magistrate on Nov. 11, 2025 to make a statutory finding that a set of properties used to store and market wooden pallets constitute a serious threat to public health, safety and welfare. City staff presented photographs that, they said, show pallets stacked as high as 20 feet in an otherwise residential area and described heavy truck traffic and an ongoing commercial use that the city says is inconsistent with residential zoning and repeated prior noncompliance.

Deputy City Attorney Anthony Jackson told the magistrate staff seeks the magistrate’s formal finding so the city commission can be notified and consider abatement, emergency injunctions or foreclosure actions to abate the hazard under Florida Statute 162.09. “What we’re asking to do here is, based on what’s provided in the statute, we’re not asking necessarily that you’re giving us permission. We’re asking that you acknowledge that these are a violation of a serious threat to health, safety and welfare,” Jackson said.

The magistrate reviewed photographs and testimony and said the stacked pallets and commercial vehicle activity present a significant danger to nearby residences. “It is an absolute threat to public health, safety, and welfare,” the magistrate stated. He said his findings would be applied to three related case files and that the record will reflect that the properties were duly noticed and the owners did not appear.

What this does and what happens next A magistrate finding that a condition “presents a serious threat” is the step required for the enforcement board to notify the local governing body under state statute; the governing body may then authorize city staff to make emergency repairs or abate the hazard and later recover costs from the property owner. The city attorney said the staff may also pursue injunctive relief in circuit court and is preparing proposed orders for the magistrate’s signature.

Why it matters locally The cases involve heavy commercial activity in residential neighborhoods and a history of repeated noncompliance and fines, the city said. Inspectors testified attempts at voluntary compliance have failed and that the stacked pallets create fall and injury risks to residents and children. The magistrate found the property owners were duly noticed and that the conditions support the statutory finding needed to proceed to the commission.

Ending The magistrate entered findings that will be used to notify the City Commission and enable staff to request abatement authority and to pursue emergency and permanent injunctive relief where appropriate. The magistrate named the related docket items and indicated similar findings would apply across the three parcels raised by staff.