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Magistrate imposes $200 daily fine for unpermitted shoreline work; costs due
Summary
A Daytona Beach Shores magistrate ordered daily fines of $200 until compliance and assessed $92.43 in hearing costs against owners identified as J.P. Agarwal and Dave Iha Agrawal for unpermitted shoreline repairs and temporary measures; the magistrate cited lack of required engineering and permits.
Special Code Enforcement Magistrate Steve Villaroche found a property owned by persons identified in the record as J.P. Agarwal and Dave Iha Agrawal in violation for unpermitted shoreline work and imposed a daily fine of $200 until the property is brought into compliance.
City counsel told the magistrate this was a first compliance hearing for violations tied to sand placement and temporary panels or trap bags added after storms; the city said those temporary measures were not permitted and that a permanent solution (typically rock revetment) would require engineered, signed and sealed plans and state approval from environmental authorities. The city requested the imposition of fines and associated administrative costs.
Matthew Riley, who identified himself as the realtor and a person authorized to answer questions, said he had been trying to move the project forward since October and provided documentation he said included a notice to proceed from the Florida Department of Environmental Protection and an approval with stipulations from the Florida Fish and Wildlife Conservation Commission. Riley said the owners paid $26,955 to a contractor and had been attempting to obtain the required engineering and permits.
“I'm going to issue an order number 11, dollars 200 per day until the property comes into compliance. $92.43 costs for this hearing in 30 days,” Villaroche said, issuing the compliance order and cost assessment. The magistrate gave the owners 30 days to pay the hearing costs and ordered the daily fines to begin accruing per the order.
The city’s technical witnesses explained that panels not set to the proper depth relative to the scour line are likely to be undermined and rejected by reviewers; the city remains unable to deem the temporary work compliant without sealed engineering and proper permitting.
The order creates a continuing daily civil penalty until the owner demonstrates compliance through the required engineered plans, permit approvals and inspections.
