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Magistrate cuts accrued fines to $50,000 for waterfront property after permit delays
Summary
At a Daytona Beach Shores code enforcement hearing, Special Magistrate Steve Villaroche reduced accrued fines for L and Z Ocean Breeze LLC’s waterfront property to $50,000, citing processing delays and permitting timelines; administrative costs of $128.03 are due in 30 days and a lien remains on the property.
Special Code Enforcement Magistrate Steve Villaroche reduced the accrued fine against a Daytona Beach Shores waterfront property owned by L and Z Ocean Breeze LLC to $50,000 and ordered payment of administrative costs of $128.03 within 30 days.
The hearing on case SCDEF2023-40 began with city counsel presenting six violations tied to seawall condition, a collapsed pool deck, undermining and a missing rail. The city said three permits were issued for the property (landscaping/pavers, beach stairs and seawall) and cited final inspections and a signed engineer’s report that it says brought the property into compliance on various dates. County clerk records shown at the hearing indicate the current owner purchased the property on 12/04/2024.
City counsel asked the magistrate to impose either the full fine and lien or to reduce/rescind accrued fines. Building official Steve Edmonds testified that permit processing can be delayed when applicants do not include state permits or sealed engineering drawings and that engineers of record perform inspections and notify the state before final closure. The property’s representative and manager described delays tied to contractor scheduling and manufacturer production runs for synthetic seawall materials.
Magistrate Villaroche said he counted days during which the city’s processing affected the owner’s ability to proceed and offered a credit. “So what I’m going to do is I’m gonna remove 86 days from the fine period. The fine is reduced $21,500 for a total of $50,000. I’m also going to order that you pay $128.03 in administrative costs within 30 days,” he said. The magistrate left the $50,000 as a lien on the property with interest and no set deadline for payment of the principal; the administrative fee has a 30-day deadline.
The city had previously recorded findings of fact and an order imposing fines and a lien after earlier compliance hearings. The owner indicated an intent to pursue legal remedies against the prior seller and title company for alleged undisclosed problems discovered after purchase.
The magistrate’s ruling resolves the present compliance hearing by reducing the owner’s monetary exposure while maintaining the lien. The city retains enforcement authority and interest will accrue on the lien until satisfied.
