New Smyrna Beach magistrate trims liens, imposes sign-permit fine and continues one case

The City of New Smyrna Beach special magistrate on April 22 resolved multiple code-enforcement matters, including two lien-amnesty requests and a sign-permit violation.

The magistrate found the property at 1720 Magnolia Street in compliance after staff reported the home-based nail-technology station had been removed, replacement-tree permits issued and commercial signage removed. The magistrate warned that any repeat violation of the same code section within five years could be treated as a repeat violation and subjected to penalties up to $500 per day.

In a separate matter involving a failure to obtain a required sign permit at 1108 South Myrtle Avenue, staff reported no corrective action as of a recent inspection and recommended fines. The magistrate ordered a fine of $50 per day beginning March 12, 2026, to continue until the code violation is corrected or until the $20,000 cap is reached.

The magistrate continued the case for 3405 South Atlantic Avenue (Ocean Trillium South) to the May 27, 2026 special magistrate hearing after staff said required mailings and property posting were not fully documented.

Lien amnesty decisions

On a lien-amnesty request for 436 North Myrtle Avenue, staff said the total assessed fines and fees amounted to $5,900. John Browder, who said he is a business partner of property owner Yonder Perez, testified that the parties had replaced a rotten step for an elderly tenant and that a contractor failed to request the final inspection. "We weren't aware that we had to pull a permit for it," Browder said, adding that staff had since helped the owners complete permits and inspections.

After reviewing receipts and testimony, the magistrate exercised discretion to calculate the reduction based on the actual days of noncompliance and recommended a larger reduction than staff's initial calculation. The magistrate set the amount due at $1,475 and ordered payment within 15 business days; the magistrate said staff should assist the owners to obtain a lien release once payment is complete.

On the lien-amnesty request for 2415 Mooneyham/Moynihan/Muningham Drive, staff reported the city had expended $14,686.66 to demolish fire-damaged structures and that $13,429.64 in interest had accrued, for a total lien of $28,084.11. Staff told the magistrate the city's ordinance does not permit reducing funds actually expended by the city, but the magistrate may waive accrued interest. Tori Ricker, who said she is on the property with her father, Kevin Ricker, told the hearing her refinance was completing and the payoff was being wired.

The magistrate waived the accrued interest as the maximum allowable reduction and set the remaining lien equal to the city's demolition cost: $14,436.66, payable within 15 business days. The magistrate noted that if payment had already been made, the finance department and city attorneys would handle any reimbursement required by the revised order.

What happens next

The magistrate signed the orders and adjourned the hearing. Owners subject to reduced liens were told to work with city staff to complete payment and obtain lien releases; the South Atlantic Avenue matter was scheduled for the May 27 hearing at 2:00 p.m.

Votes at a glance: the magistrate found 1720 Magnolia Street in compliance (but flagged repeat-violation penalties); imposed a $50-per-day fine for the South Myrtle Avenue sign-permit violation effective March 12, 2026; continued CCSM0663 (3405 South Atlantic Avenue) to 05/27/2026; reduced the 436 North Myrtle lien to $1,475 (payable in 15 business days); reduced the 2415 property lien to $14,436.66 (payable in 15 business days).