New Smyrna Beach Code Compliance Board imposes fines and grants continuances across multiple property cases

The New Smyrna Beach Code Compliance Board on Sept. 19, 2024 heard a docket of property‑maintenance and permit cases, voting unanimously in several matters to impose daily fines while continuing others to give owners time to obtain permits or registrations.

The board’s chairman opened the meeting by reading hearing procedures and appeal rights, noting that decisions may be appealed to circuit court within 30 days “per Florida Statute 162.11,” and that hearsay may be considered to support other competent evidence. The clerk swore in staff and any witnesses before cases began.

In the first case, staff recommended imposing a $25‑a‑day fine per violation for the property at 907 Hamilton Street (case CCB‑05182024). Staff reported prior findings that the owners were in violation of “section 26‑902, registration of vacant real properties, and section 26‑9148, landscaping,” and that the compliance date of Aug. 26, 2024 had passed with no correction. The board voted to impose the $25 per day per violation fine, commencing Aug. 26, capped at $15,000, and ordered the respondents to contact the code inspector to verify compliance. The board reminded respondents they have the right to appeal within 30 days.

At 1507 Palmetto Street (case CCB0002262024), staff told the board that the owner, listed in staff records as MoneySunk LLC, lives out of state and has said an inspection will be scheduled on Oct. 1. Given the owner’s representations and a pending registration/inspection, staff recommended continuing the case to the October hearing rather than imposing fines now; the board approved the continuance to the October meeting and again directed the respondent to contact the inspector.

The board also reviewed 2640 Brookline Avenue (case CCB03112024), where staff documented multiple outstanding violations (permits required, container placement, sanitation, pool enclosures, premises identification and accumulation of refuse). Staff recommended daily fines for each remaining violation at the rates noted in the report, with a total fine not to exceed $10,000. The board voted to impose the recommended fines and ordered the respondent to contact the inspector.

Several permit‑related matters were continued to Oct. 11 to allow owners or contractors time to complete applications and reviews. For 3837 Sandstone Court (CCB‑0523‑2024) staff reported that an application for pavers had been submitted and was under review and recommended continued time to resolve the permit; the board continued the case to Oct. 11 and noted staff would impose $50 per day fines thereafter if noncompliant. The neighboring duplex at 3839 Sandstone Court (CCB‑0545‑2024) had completed electrical and door/window work but still had pavers under review; the board likewise continued that matter to Oct. 11 with the same potential $50‑per‑day fine if not resolved.

At 204 Magnolia Street (CCB‑0564‑2024), staff said repeated inspections found grass and weeds exceeding 12 inches. Staff recommended giving the owner until Oct. 4, 2024 to bring landscaping into compliance and imposing a $50‑per‑day fine thereafter, up to a maximum of $25,000; the board approved that recommendation.

On 2767 Neverland Drive (CCB‑0639‑2024), staff reported unpermitted additions and paver work in a planned unit development. Staff recommended giving the owner until Oct. 11 to obtain permits and, if not compliant, imposing $25 per day per violation up to a $15,000 cap; the board approved the staff recommendation.

In every case the board’s orders reiterated that respondents must contact the code inspector to request a reinspection to confirm compliance, that respondents retain a 30‑day right to appeal, and that any repeat violations within five years may be treated as repeat offenses with higher daily fines (up to $500 per day as noted in the orders).

The board concluded business and adjourned the meeting. The next hearing dates referenced in the record include Oct. 11, 2024 for many continued matters and an earlier mention of Oct. 17 as the next hearing date for routine scheduling.

Quotes from the hearing include staff presentations (Barb Bobolec and Beverly Abramson) describing on‑site inspections: “I visited this property this morning” and the chair’s procedural reminder that “Any decision made today can be appealed by setting notice of appeal to the circuit court within 30 days.”

What’s next: Several matters were continued to Oct. 11 so owners or contractors can complete permit applications or inspections; matters that remain unresolved on those dates face daily fines as noted in each board order.