Special magistrate sets deadlines, fines and continuances in New Smyrna Beach code-enforcement hearing

The New Smyrna Beach special magistrate on Aug. 28 heard more than a dozen code‑enforcement cases, continued several matters for further permit review and imposed compliance deadlines and fine authorities for properties found in violation.

Staff presentations opened with guidance about procedures and the oath for witnesses. For 30 Cunningham Drive, staff recommended finding Aaron Joseph Lingo (and Skye Verna Zambrano) in violation for work done without required permits; Lingo told the magistrate he has submitted revised permit applications but is waiting for engineer drawings. The magistrate gave the owners until Sept. 20, 2024 to reach compliance and ordered that a $50‑per‑day fine will be imposed if the violation continues past that date.

At 401 Flagler Avenue, staff reported multiple permit‑related deficiencies and recommended imposing a $50‑per‑day fine beginning Aug. 9, 2024 if outstanding items were not corrected. Property representative Ignacio Arzotelli (who identified himself as a realtor and owner/manager of the commercial property) disputed some of the inspector’s findings, saying several permits were issued or pending; staff said others remain open or absent. The magistrate found the respondent in violation, ordered compliance and said the fines set in the prior order will continue to run until an inspector files an affidavit of compliance.

Other outcomes and scheduling decisions included: continuance of 607 Jefferson Street to Oct. 23 for further review after resubmittals; continuation of the 536 North Dixie Freeway matter to Oct. 23 to allow building‑department review of a change‑of‑use application; a finding of violation at 2803 Saxton Drive with a compliance date of Sept. 20 and $50/day authority; and a continuance of 529 Washington Street to Sept. 25 after staff noted progress but incomplete permit filings.

The magistrate also addressed multiple fire‑code and vacant‑property matters: Bushnell Island condominium association properties (including 404 and 430 Bueschel Drive) were found in violation of New Smyrna Beach fire‑code provisions and given compliance dates (commonly Sept. 13), with authority to impose $250‑per‑day fines if not corrected. A vacant, unregistered property at 819 B Street was ordered corrected by Sept. 12 or face $25 per violation per day. Several business‑tax/short‑term rental cases (including 2815 Turnbull Cove Drive and 205 Ocean Drive) were ordered to show compliance by mid‑September; staff recommended and the magistrate retained authority to impose stipulated fines if listings or registrations were not changed.

Throughout the hearing, staff repeatedly told respondents that some permits had been submitted and were under review while others had not been applied for or issued prior to the periods when the work was observed. Several owners said they were working with engineers or property managers to finish plans and requested additional time; the magistrate generally granted limited continuances where staff confirmed active resubmissions or allowed set compliance dates when no one appeared.

The hearing concluded after the magistrate read the orders and advised respondents to contact code inspectors to verify compliance; the meeting was then adjourned.

The key next steps for respondents are to submit required permits, obtain final inspections, and notify the code inspector by the court‑ordered compliance dates to avoid daily fines or one‑time penalties.