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Code Compliance Board orders fines, grants extensions and continues high-profile condo dispute
Summary
At its July 18 meeting the New Smyrna Beach Code Compliance Board voted to impose fines in multiple property cases, granted extensions for several business-tax and change-of-use matters and continued a disputed condominium repair case so staff can review ownership and permit documents.
The New Smyrna Beach Code Compliance Board on July 18, 2024, adopted staff recommendations to impose fines, set compliance deadlines and continue several cases while staff verifies documents and inspects properties.
Board Chairman (speaker 1) opened the hearing and the clerk swore in staff, respondents and witnesses. Code officers Shelly Friend and Beverly Abramson presented a slate of property cases involving expired vehicle registrations, lack of business tax receipts (BTRs), unpermitted structures, tall grass and sanitation issues.
Shelly Friend asked the board to impose a $25-per-day fine for the case involving 826 Daughtry Street (Case CCB0265-2024) beginning July 12, 2024, up to a $10,000 cap, citing continued presence of unregistered vehicles and outdoor storage. The board moved, seconded and approved the staff-recommended fine and ordered the respondent to coordinate with the code inspector; the board noted the respondent’s right to appeal within 30 days.
Beverly Abramson presented several business-tax-receipt cases and permit-related matters. The board continued the matter for 1507 Palmetto Street to Sept. 19, 2024, to allow the owner more time to provide documentation. For 200 Live Oak Street (a mixed-use property), owner Jacob Feldman explained delays tied to change-of-use approvals and missing IRS/Sunbiz confirmations; the board granted the extension requested and set the next review for the October meeting (Oct. 17).
Other actions adopted included staff-recommended fines or compliance dates for 730 South Dust, 2640 Brookline Avenue, 1418 South Riverside Drive, 2027 Fairway Circle, 1300 North Dixie Freeway and 405 North Dust Street. In each case the board ordered respondents to contact the code inspector for verification and reminded them of 30-day appeal rights and potential enhanced penalties for repeat violations within five years.
Votes at a glance
- 826 Daughtry Street (CCB0265-2024): Fine approved — $25/day beginning 07/12/2024; maximum $10,000; board ordered verification and reminded respondent of appeal rights. (Motion adopted.) - 1507 Palmetto Street (CCB0226-2024): Continued to 09/19/2024 to allow additional documentation; no fine at this time. (Motion adopted.) - 200 Live Oak Street (CCB-0183-2024): Extension granted to the October hearing (10/17/2024) for change-of-use and BTR documentation; verification required. (Motion adopted.) - 730 South Dust (CCB-0237-2024): Staff recommendation adopted; fines and compliance timeline set. (Motion adopted.) - 2640 Brookline Avenue (CCB-0311-2024): Staff recommendation for per-violation per-day fines adopted; compliance date set. (Motion adopted.) - 1418 South Riverside Drive (CCB0426-2024): Staff recommendation to give until 08/08/2024 and impose fines if not remedied adopted. (Motion adopted.) - 2027 Fairway Circle (CCB0429-2024): Staff recommendation accepted; compliance deadline established. (Motion adopted.) - 1300 North Dixie Freeway (CCB0424-2024): Tall-grass/landscaping violation — compliance deadline set; fines possible if not remedied. (Motion adopted.) - 3144 Sundance Trail (CCB-0385-2024): Continued one month for the owner to secure a dock contractor and complete landscaping. (Motion adopted.) - 405 North Dust Street (CEV-0489-2024): Compliance date set for 08/08/2024; $50/day fine authorized thereafter if inspections are not scheduled. (Motion adopted.)
Why it matters
The board’s actions maintain the city’s schedule for bringing properties into code compliance and show the office relying on a mix of fines and continuances to secure remediation. Several cases involved business-tax-receipt compliance or unpermitted activity, which can affect neighboring properties and public safety when structural or sanitation issues are present.
What happens next
Board orders include verification by the code inspector prior to the next scheduled hearing dates (Aug. 15 and subsequent meetings) and reminders that respondents may appeal within 30 days of an order. Cases continued for additional review will return with updated documentation or inspection results.
Sources and attribution
Statements and direct quotes in this report are taken from staff presentations by Shelly Friend and Beverly Abramson and from on-the-record testimony and comments by respondents and residents during the July 18, 2024, Code Compliance Board hearing.
