New Smyrna Beach special magistrate sets compliance dates, reserves fines across multiple properties

At a New Smyrna Beach special magistrate hearing on Feb. 26, 2025, the magistrate reviewed a series of code-enforcement cases and set compliance deadlines or continuances for most matters, reserving fines where violations remained uncorrected.

The hearing covered property-maintenance, land-development and fire-code cases. Among the largest immediate actions, the magistrate found the property at 536 North Dixie Freeway in violation of local zoning and business-tax requirements and ordered financial penalties if the owner does not secure required business tax receipts and permits. A code presenter recommended a one-time fine of $2.50 for each of 11 remaining businesses and a $50-per-day zoning fine beginning Aug. 16, 2024, up to a $20,000 cap; the magistrate announced a finding of violation and the order to begin enforcement unless the property is brought into compliance.

Why it matters: The decisions signal the city’s continued enforcement of permit, zoning and fire-safety rules after repeated inspections. Several large multiunit properties tied to the Boushell Island condominium ownership group were grouped for review because they share an owner and similar fire-code concerns; the magistrate set a uniform compliance date and reserved fines to ensure life-safety issues are addressed promptly.

Key orders and case outcomes

- 30 Cunningham Drive (CCSM0256). Officer John Parks told the magistrate the owners have obtained nearly all required permits and are applying for the last outstanding permit; Parks recommended continuing the case to allow the city’s permit system to finalize approvals. The magistrate continued the case to May 28, 2025, at 2 p.m.

- 536 North Dixie Freeway (CCSM0581). Staff said 14 businesses were originally registered at the address; three were later closed and 11 remain without business tax receipts or required permits. The magistrate found the property in violation of LDR section 5.04.02 and local business-tax rules and ordered penalties as described above (one-time $2.50 per outstanding business and $50/day for zoning violations beginning Aug. 16, 2024, not to exceed $20,000).

- 824 Downing Street (CCSM0258). The owner has submitted a variance application required by the building department. The magistrate continued the case to the April 23, 2025 hearing so the variance process can proceed before final compliance is determined.

- 780 Pine Shores (CE0535, Hinton Properties Inc.). Staff said a dock was built without a city permit; owner John Hinton told the magistrate he obtained DEP approval and has paid for the city permit but needs a licensed contractor to finalize the application. The magistrate ordered compliance by April 15, 2025, or the case will return to the magistrate on April 23 for potential fines up to $15,000. Hinton told the magistrate, “I admit it. And I will bring it into compliance.” (John Hinton, property owner)

- 1409 Hill Street (CE0407). Staff described a collapsing wall and the need to determine whether it is a seawall or a decorative knee wall; consultant Steve Sather said engineering bids were solicited and a contractor start date of March 12 was proposed. The magistrate set an April 15 compliance date (return April 23 if needed) to allow engineering and repair work to proceed.

- 2016 Woodland Avenue (CE0608). Staff described extensive exterior, storage and safety violations and said previous outreach included offers of assistance from Habitat for Humanity and other programs; the magistrate ordered compliance by April 15 or return April 23 for further review.

- Boushell Island properties (grouped cases including CE0038, CE0042, CE0048 and related addresses). The magistrate found 401 Boushell in compliance as of Feb. 26 after a fire-inspector follow-up. Several other Boushell properties, including 405 and 449 Boushell Drive and a grouped set of five addresses under the Bushell Island 1 Condominium Association, were found to remain in noncompliance for various fire-code items. Property manager Jill Fuller said, “As of 02/25, all but 2 of these violations have been cured or remedied,” but requested time to schedule sprinkler repairs and coordinate elevator/Knox-box items. The magistrate set a March 14 compliance deadline for those outstanding items and scheduled a March 26 review; fines of $250 per day per violation were reserved if issues are not corrected.

What speakers said and next steps

- Officer John Parks and city code staff provided the factual reports and recommended continuances or fines depending on progress toward permits and repairs.

- John Hinton, the owner of the Pine Shores property, acknowledged noncompliance and said the permit application and contractor engagement are in progress.

- Jill Fuller, property manager for the Boushell properties, told the magistrate the association has addressed many items and is working to schedule a sprinkler contractor; she asked for additional time to finish the outstanding repairs.

- Steve Lane, the city fire marshal, confirmed the city’s fire-inspection reports were distributed electronically and that fire staff can track when reports were received.

Most cases were returned to upcoming special magistrate hearing dates in March or April for compliance checks or further orders. The magistrate adjourned the Feb. 26 meeting after hearing the last items.

Reporting notes: The article is based only on testimony and evidence presented at the Feb. 26 special magistrate hearing. Where the record specified compliance dates, fines, or capped amounts, they are reported verbatim from code staff recommendations and the magistrate’s orders.