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Code Compliance Board extends review and applies retroactive $100-per-day fine for South Atlantic condo unit
Summary
After testimony from the unit owner, the Code Compliance Board on April 16 extended review of a violation at 4301 South Atlantic Ave Unit 301 and voted to impose a $100-per-day fine retroactive to April 3 if the unit is not brought into compliance.
The North Shores Beach Code Compliance Board on April 16 voted to extend review of a habitability violation at 4301 South Atlantic Ave Unit 301 and to apply a $100-per-day fine retroactive to April 3 if corrective action is not verified.
Dan Kopferer, chairman of the Code Compliance Board, moved that the board extend the case 30 days and apply the fine retroactively. Kopferer read the order aloud and reminded the respondent of appeal rights within 30 days and of the board's repeat-violation penalty: “Any violation of the same code by the respondents within 5 years from the date of the order shall be treated as a repeat violation of which a fine up to $500 per day may be imposed.”
Staff told the board the unit was cited under IPMC 404.4 (minimum living-space requirements) after an inspection on Dec. 19, 2025, and that a previous board order had been mailed and posted. Staff recommended a $100-per-day fine commencing on April 3, 2026, continuing until the property is brought into full compliance, not to exceed $15,000.
Todd Dudash, who identified himself as the owner of Unit 301, told the board he sought to remove the bunk-room from rental use and to treat it as an owner-locked storage space. “My request to Kathleen was to kinda just put make that an owner's closet, put a lock on it so that when it is rented out, it's not used,” Dudash said, explaining he had already removed advertising and pictures from short-term rental listings.
Staff responded that storage closets may be locked but emphasized the board must verify the space is no longer used as living space. Staff said that if an inspection confirms the space is configured and used only for storage, the violation can be cleared; if the owner later reverts it to living space and a complaint is received, the case could be treated as a repeat violation with enhanced fines. Board members discussed allowing time for a reinspection before final enforcement and debated whether fines should run retroactively to motivate compliance.
After discussion, the board approved a motion extending the case 30 days and applying the $100-per-day fine retroactive to April 3. Kopferer read the post-decision instructions to the respondent, including the right to contact the inspector to verify compliance and to appeal the order within 30 days.
The hearing record shows the board also reminded the respondent that repeat violations within five years could carry fines up to $500 per day. The board concluded the item without further continuances noted in the record; the respondent may seek appeal in circuit court as provided under Florida State statute 162.11.
