New Smyrna Beach code compliance board finds multiple properties in violation, sets deadlines and fines

The New Smyrna Beach Code Compliance Board on March 20, 2025 heard a series of enforcement cases involving unpermitted work, business-license lapses and unauthorized storage and ordered respondents to correct violations or face fines.

Staff presented evidence and recommendations in six contested matters, and the board voted to accept staff findings and set compliance deadlines in each case. The board also reviewed hearing procedures under Florida Statute 162.073 and advised respondents of appeal rights under Florida Statute 162.11.

In the first matter — case CCP06142024 concerning 826 East 10th Avenue — staff said the property was out of compliance with city permit requirements (section 26-171A) from Feb. 26 to March 14, 2025, and that an after-the-fact permit was issued on March 14. Staff recommended finding the owner in violation for the period before the permit issuance. A board member moved to accept the recommendation, the motion was seconded, and the board recorded a vote in favor. The respondents were ordered to contact the code inspector to verify compliance; staff reminded the property owner that a repeat violation within five years could carry up to $500 per day in penalties.

In case CCB0657-2024 (2631 Brookline Avenue), staff reported an unpermitted pool and deck, and additional unpermitted driveway extension and shed work. Staff cited violations of section 26-171 and local business tax code section 74-146, set a compliance date of May 9, 2025 for full compliance, and recommended a fine of $50 per day (not to exceed $10,000) if the owner failed to comply. The board accepted the recommendation and issued the standard compliance verification and appeal notices.

At 1325 Saxon (KCCB0796-2024), staff described a business-license issue after a change of ownership at Waves Hair Design and noted certified-mail attempts and correspondence with the shopping-center tenant (Publix) to resolve a property-affidavit issue. Staff recommended finding Real Sub LLC and Waves Hair Design in violation of section 74-146 and gave the respondents until April 10, 2025 to obtain the business tax receipt or face a one-time $250 fine. The board approved the recommendation.

A vacant lot on Cherry Street (parcel 74180110090) was found to have been used to store construction equipment and to break down concrete, in violation of LDR 8-02.02 between Jan. 6 and Feb. 10, 2025. Staff confirmed equipment removal and recommended finding Gregory Wright in violation for that period but marked the matter as brought into compliance on Feb. 11, 2025 and noted no fines at this time unless the violation recurs; the board adopted staff’s recommendation.

Staff also reported a short-term rental concern at 614 Aeolian Drive (case CCBDash0055-2025). The property was flagged for operation without a business tax receipt; certified mail and property posting were completed and staff recommended BG Real Estate FL LLC be found in violation of section 74-146 and given until April (date in transcript not specified) to submit a business tax receipt application and schedule required inspections or face a one-time $250 fine. The board voted to accept the recommendation.

In case CCB0073-2025 (2502 Arlington Avenue), staff said a three-car garage had been constructed without a permit and the owner, Robert Ayers, indicated he needed engineering paperwork to pursue an after-the-fact permit. Staff recommended giving Ayers until May 8, 2025 to submit required permits or face $50-per-day fines; the board approved the recommendation and ordered compliance verification.

Across the cases, board votes resulted in adoption of staff recommendations and issuance of orders that respondents contact the inspector to verify compliance. The board repeatedly advised respondents of the right to appeal final orders within 30 days and warned that repeat violations within five years may result in increased penalties. The meeting adjourned after routine business.

Actions at a glance: staff recommendations accepted in each case; compliance deadlines and potential fines varied by case (examples: $50/day up to $10,000 for 2631 Brookline Ave; one-time $250 for certain business-license failures; permit deadlines in spring 2025).