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Daytona Beach special magistrate amends dozens of code orders, sets Jan. 8 compliance dates and releases two liens
Summary
At the Nov. 12 Special Magistrate hearing, the magistrate amended multiple orders of noncompliance—most to a Jan. 8, 2025 compliance cutoff—imposed or vacated fines in several cases, and ordered the release of two recorded liens. Hurricane damage and a pending Corps of Engineers decision factored into several cases.
The City of Daytona Beach Special Magistrate heard a full docket on Nov. 12, 2024, amending compliance deadlines, imposing fines in several cases and vacating or releasing other penalties.
The magistrate reviewed inspector reports and testimony across 18 numbered cases. For the majority of matters the court amended existing orders of noncompliance to allow respondents to come into compliance by January 8, 2025 or return to the magistrate for consideration of fines of up to $1,000 per day. In some cases the magistrate instead affirmed previously assessed fines (for example, a $500-per-day fine with a $15,000 cap for off-site advertising violations) or vacated an earlier fine after ownership or procedural clarifications.
Inspectors repeatedly cited hurricane-related delays, permit backlogs, ownership changes and missing permit applications as reasons to extend deadlines. The magistrate directed code inspectors to verify temporary fixes (for example, cold-patch pothole repairs and restored lighting) and to report noncompliance if these measures were not confirmed.
Votes at a glance (selected outcomes from the hearing) - Case 1 (Lauren and Herb Kawesh): Order amended; compliance extended to Jan. 8, 2025 or return for fines up to $1,000/day. (Order amended.) - Case 2 (Gail Lucinda Smith): Compliance extended to Jan. 8, 2025 or return for fines up to $1,000/day. (Order amended.) - Case 3 (Reginald & Gwendolyn Moore): Compliance extended to Jan. 8, 2025 or return for fines up to $1,000/day. (Order amended.) - Case 4 (Seminole Boosters Inc.): Compliance extended to Jan. 8, 2025; city noted recent change in ownership. (Order amended.) - Case 5 (Scott Ibsen): Magistrate initially entered a $200/day fine commencing Oct. 3, 2024 (cap $15,000) but vacated that order after clarification about ownership; compliance deadline amended to Jan. 8, 2025. - Case 6 (Virgil & Ellen Rosenfeld Family Trust / substituted owner Tyler Simmons): Prior fine vacated; new owner substituted; compliance extended to Jan. 8, 2025. - Case 7 (Ryan Ashley Mowery & Tony Guerra): Fine imposed of $500/day commencing Oct. 3, 2024, accruing until compliance or cap of $15,000 for off-site advertising violations. (Fine imposed.) - Case 8 (Beach Development Group LLC): Compliance extended to Jan. 8, 2025; roofing work reported in progress. (Order amended.) - Case 9 (RIM SIM Inc.): Inspector recommended a fine; magistrate amended order to allow compliance by Jan. 8, 2025 or return for fines. - Case 10 (4SAGE Miami Inc.): Respondent agreed to remove fence until permits obtained; compliance extended to Jan. 8, 2025. (Order amended.) - Case 11 (Gregory Karpinski): Progress report noted; magistrate scheduled a progress check for Jan. 14 and maintained a March 5 compliance target for outstanding items. (Progress report scheduled.) - Case 12 (Daytona Blue Tide Group LP): Magistrate ordered site cleanup and landscaping by Jan. 8, 2025 and instructed the respondent to secure required permits if the dredge/marina project continues; the respondent said a Corps of Engineers decision is expected by the end of the week. (Order amended with permit condition.) - Case 13 (Michael Eady & Julie Herbart Eady): Compliance extended to Jan. 8, 2025 for fencing permit revisions. (Order amended.) - Case 14 (Larry & Shirley Johnson): Owner agreed to demolition; compliance extended to Jan. 8, 2025. (Order amended.) - Case 15 (Destiny L. Bonner): Inspector cited hurricane damage; respondent agreed to paint and come into compliance by Jan. 8, 2025. (Order amended.) - Case 16 (Haggen International College Inc.): Inspector reported storm damage and repair progress; magistrate amended order through January 2025 and set the possibility of fines up to $2,000/day thereafter. (Order amended.) - Case 17 (Covenant Community Development Corp. of Florida LLC): Magistrate granted a 90-day extension for a feasibility and economic analysis on whether to salvage or demolish a historic church building, required the property to be secured to city standards and set a progress report for Feb. 11, 2025. (Extension granted.) - Case 18 (Mesa Nova Daytona LLC): Magistrate ordered potholes patched and lighting made operational with inspector verification by Jan. 8, 2025; respondents reported full redevelopment would take about 45–60 days after permits are issued. (Order amended with inspector verification.)
Lien reviews: The magistrate vacated previous orders imposing fines and ordered the release and cancellation of recorded liens for two properties (including 710 Loomis Avenue and 935 South Martin Luther King Boulevard) after stipulation between the city and respondents.
Why it matters: The hearing showed recurring themes that affect code enforcement outcomes across Daytona Beach—storm damage (Hurricane Milton), ownership changes, and missing or pending permits—and the magistrate consistently balanced enforcement with additional time for remediation while reserving fines and further action if work is not completed.
What’s next: Inspectors were instructed to verify temporary fixes and report noncompliance. Multiple cases will return on the January cutoffs or at scheduled progress hearings (notably Jan. 14 and Feb. 11, 2025 for specific matters).
