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Ocean Court hotel must fix seawall and pool damage; magistrate gives staggered deadlines and fines

City of Daytona Beach Shores Special Magistrate · December 9, 2024
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Summary

City staff documented seawall failure, undermined pool deck and multiple structural problems at Ocean Court Holdings LLC and the magistrate ordered key seawall/retaining‑wall repairs by July 16, 2025, pool repairs within a year, plus administrative fees and potential daily fines.

The special magistrate ordered Ocean Court Holdings LLC to correct seawall and associated structural defects after city inspectors showed storm‑related damage and permitting gaps at the beachfront hotel at 2315 South Atlantic Avenue.

City counsel Miss Herstein told the magistrate the property sustained damage during hurricanes Ian and Nicole in 2022 and that recent inspections documented missing seawall segments, undermined pool areas, damaged cabana posts and unsecured pool areas. City slides listed multiple violations including the absence of permits for long‑running repairs; staff recommended an Order No. 7 with staggered deadlines and daily fines.

Contractor Michael Fuquay said the seawall permit application was submitted to FDEP and that materials are staged locally; he told the magistrate the seawall work must align with the FDEP permit and said he expected to meet the timeline. “We intend to comply with that timeline,” Fuquay said, describing a plan to remove cabana poles and use that area for construction access.

Magistrate Steve De La Roche found the property in violation and ordered that violations related to retaining walls and seawall (violations a, b, e and f) be corrected by July 16, 2025, or accrue a $250 per day fine. Pool‑related violations (c and d) were given one year to be corrected. The magistrate also ordered payment of a $149.90 administrative fee within 30 days and required final approved inspections for any required city permits.

City staff explained fencing the pool from the beach is not feasible because county beach rules restrict permanent fences along the A1A shoreline; the city instead urged prompt seawall and backfill repairs to reduce hazards. The magistrate said early completion would avoid penalties and that the owner is responsible for complying even if prior damage predated current ownership.

The magistrate’s order places clear timelines on seawall and pool repairs and tasks the city with monitoring compliance.