Daytona Beach code board issues daily fines, sets compliance cutoffs and waives one lien

The City of Daytona Beach Code Enforcement Board on Feb. 12 ordered daily fines on a string of properties it found in continued noncompliance, amended timelines for owners to secure permits or complete demolition work, and approved one full lien waiver for a property the city plans to rebuild.

The board opened with routine announcements and swore in officers and an interpreter before taking up roughly 30 cases. Board members routinely either amended prior noncompliance orders to allow owners time to obtain permits or — when inspectors reported little or no progress — imposed daily fines that become liens on the properties until they are brought into compliance.

Why it matters: Code enforcement fines become liens on the property and can affect future sales or transfers. Several cases involved homeowners who said they were still recovering from Hurricane Milton and facing financial or health setbacks, while inspectors and neighbors described long-running safety and neighborhood impacts.

Major outcomes and next steps

Votes at a glance - CEB01-26-31 (Evelyn Rodriguez, 221 Blanche Place): Board found respondent remains in noncompliance and ordered a fine of $100 per day to commence Feb. 16, 2026, capped at $10,000, unless inspector verification shows compliance. Evelyn Rodriguez told the board she had been living in a temporary RV after storm damage and said the RV was moved that weekend; an attorney for the city disputed the statutory exemption cited by the respondent. - CEB0621179 (Janice Pickens / Duke, 831 Madison Ave): The board approved staff’s recommendation to waive the entire lien/fee for the property being rebuilt by the city; owner advised to contact the city attorney if further issues arise. - CEB5-25-105 (Gary Alford, 141 Pierce Ave): Board amended a prior noncompliance order to allow the respondent time to complete demolition and rebuilding work and set a cutoff date of June 3, 2026, deferring fines if progress continues. - CEB012618 (Christina Jones, 900 Madison Ave): Board found remaining noncompliance and ordered a fine of $500 per day, capped at $15,000, to commence immediately. - CEB01-26-01 (Robert Warbeck, 3020 North Peninsula Drive): After confirmation that an after‑the‑fact permit was pulled and a survey submitted, the board amended the order to allow compliance by the March 4 cutoff. - CEB01-26-26 (Sherman Coleman, 749 Owasso St): Ordered a fine of $100 per day, capped at $10,000, until compliance. - CEB01-26-27 (David Burton & Lizana Webster, 312 North Keith St): Ordered a fine of $200 per day, capped at $15,000. - CEB012628 (George T. Cafferty Estate, 312 N. Hollywood Ave): Following repeated exterior complaints and neighborhood safety concerns, the board found noncompliance and ordered a $500-per-day fine capped at $15,000; staff noted police referrals and neighbors described repeated fires and occupancy concerns. - CEV012629 (Bobby J. Tolliver / 1328 Continental/Ginsburg Drive area): An engineer’s review raised a possible “substantial improvement” threshold that could trigger floodplain elevation requirements; the board set a $100-per-day lien/fine to commence Feb. 12 and gave staff 30 days to complete interior/exterior evaluations to determine whether elevation or demolition is required.

Key exchanges and context - Statute dispute on temporary shelters: Respondent Evelyn Rodriguez cited a statute she said authorized a temporary shelter for up to 36 months after a governor-declared emergency. City counsel (on the record) disagreed that the statute applied, saying the permanent structure was not rendered uninhabitable and pointed to an alternate statute. The board relied on inspector verification before stopping a fine.

- Neighbor safety concerns: At the hearing on 312 North Hollywood Ave, neighbor Gary Stalker described repeated fires, high occupancy and ongoing disturbances. An attorney advised the board that code personnel cannot legally enter a private home without consent or a warrant, noting Fourth Amendment limits; the board discussed coordination with police but proceeded with a fine based on observed exterior violations.

- Floodplain and substantial-improvement question: An engineer for one property said work done without permits may have exceeded 50% of the home’s value, potentially triggering elevation requirements under floodplain rules. The board ordered an initial lien/fine and directed building/permits staff to complete an evaluation to determine next steps.

Procedural changes - Zoom waiting policy: The board adopted a policy to wait up to one hour for respondents who had arranged to appear by Zoom, intended to limit long delays when remote parties do not connect.

What owners were told - For properties given amended orders, the board repeatedly instructed owners to stay in contact with the assigned inspector and to provide documentation of progress. For properties assessed daily fines, the board repeatedly noted fines accrue as liens on the property and that owners or the legal property owner may later request a lien review once the property is brought into compliance.

Quotes that capture the meeting tone - Evelyn Rodriguez (respondent): “My home was damaged and rendered uninhabitable by Hurricane Milton… I have been residing in the temporary RV until this past weekend.” - Attorney (on record during the Cafferty matter): “We can’t have government officials or personnel going into a home without consent, absent a warrant.”

Closing and next procedural steps The board set multiple cutoff and hearing dates (next cutoffs noted as March 4 and hearings on March 12, plus other dates for late continuances). Owners ordered to come into compliance were typically given the next cutoff to show progress; where the city recommended a fine the board frequently set daily fines to accrue until compliance or until a specified cap was reached.

The board encouraged owners to contact assigned inspectors or the city attorney’s office for procedural questions and lien-review information. The meeting recessed briefly and then adjourned after processing the remainder of the agenda.