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Magistrate finds Hummingbird Property in violation; compliance ordered by Dec. 13
Summary
The special magistrate found Hummingbird Property (206 Douglas St.) in violation of multiple fire and building-code sections on Nov. 13 and ordered correction by Dec. 13, 2024; the city fire marshal warned the third-floor unit lacks a legal secondary escape and urged prompt repairs.
The New Smyrna Beach special magistrate found Hummingbird Property NSB LLC in violation of multiple code sections on Nov. 13 and ordered the property to correct the violations before 1 p.m. on Dec. 13, 2024.
Officer John Parks presented the case (CCSM0658-2024), describing repeated violations identified during inspections dating back to September 2022 and a June 2024 follow-up that found fire and structural defects, missing smoke detectors and unpermitted work. Attorney Jennifer Birmingham, representing Hummingbird, said the owner had engaged architect Lawrence Castor and a contractor, and that some repairs (rails, electrical work) had been completed. Birmingham asked for additional time, citing a canceled inspection related to a family death: "There was an inspection scheduled for this past Monday ... but my clients had to cancel because of a death in the family," she said.
City Fire Marshal Steve Lane testified the third-floor unit "cannot be occupied at all until it can be used as a storage area," noting the unit lacks a viable secondary means of escape and that garage-to-laundry conversions lack required fire separation. Lane said the case has been active since September 2022 and emphasized the life-safety risk. The fire marshal recommended posting the apartments for vacation and imposing fines until repairs are made with proper permits.
The magistrate acknowledged the family's hardship but emphasized tenant safety and the need to ensure work is inspected under permits. The magistrate kept the compliance date as Dec. 13, 2024, and set the daily fine schedule for specific code sections (including $50 per day for several IPMC violations and $50 per day for certain permit-related violations); section 74-146 (BTR) was found noncompliant but assessed no fine at this time. The magistrate ordered the respondent to contact the code inspector to verify compliance.
The city invited the property to request inspections sooner than Dec. 13; the magistrate said staff would verify corrections. The order requires permits for significant repairs and warned fines would accrue for continued noncompliance.
