Magistrate finds 2300 S. Atlantic Ave. owner noncompliant, issues daily fines and administrative fee

Steven De La Roche, the special code enforcement magistrate for the City of Daytona Beach Shores, found the owner of the vacant property at 2300 South Atlantic Avenue not in compliance with city code and issued an Order No. 11 imposing daily fines and an administrative fee.

De La Roche said he was “impressed with what you’ve done,” but still concluded the property remained out of compliance and ordered financial penalties, stating: “So I’m gonna find that you are not in compliance yet... So I’m gonna issue an order number 11. Rather than $250 per day, I’m gonna order $200 per day and a new administrative fee of $85.53.”

City compliance staff presented photos and a timeline of violations that included overgrowth and debris (now corrected), exposed wiring and a loose light fixture (removed), damaged hurricane-shutter materials and a severely damaged drive-through overhang. The city noted some items had been fixed; others remained. The city also described discussions with the owner about potentially demolishing the drive-through rather than repairing it.

One owner representative identified as Kobe told the magistrate the owners had been working on repairs and that “most of the things have been corrected,” but said partners were still deciding whether to demolish the drive-through. Magistrate De La Roche cautioned that demolition would require a permit and clarified that approved final inspection of any demolition would mark compliance for those violations, but “it doesn’t wipe out the fine.”

The magistrate instructed payment of the administrative fee within 30 days and said the city would continue to monitor the property. The case was continued administratively when appropriate follow-up was expected.

The magistrate scheduled the next code hearings on the public docket for January 15 and February 19 at 9:00 a.m.