Magistrate finds Bushell Island condominium buildings in compliance after sprinkler work begins, declines to impose retroactive fines

The special magistrate found three Bushell Island I condominium buildings (462, 464 and 466 Bushell) in compliance as of March 25, 2025 and declined to impose the staff‑recommended daily fines after testimony showed the owner engaged contractors and work was underway.

Staff had recommended fines ($250 per day) for code‑enforcement and hazard‑abatement violations under NSB code 42‑13, and noted board orders were posted and mailed to the owner. City fire marshal Steve Lane testified that sprinkler deficiencies had been identified and that work was being completed; he said work was not finished as of the hearing but inspectors were seeing progress. A property manager who identified herself as Jill Fuller told the magistrate that most repairs were complete and that remaining sprinkler work would be finished that week.

A participant asking to avoid retroactive fines said some repairs could not be performed before key equipment became available. The magistrate cited the previous hearing’s discussion and the timing of contractor availability in declining to impose fines, instead finding the properties in compliance on the inspector’s stated date and noting that a repeat violation within five years would be treated as a repeat offense subject to increased fines.

The magistrate urged property owners to update records (Volusia County property appraiser) so notices do not return to sender, and reminded owners that code compliance relies on correct mailing addresses for enforcement notices. The finding records that staff will note repeat‑violation status for the properties if related violations occur within five years.

The magistrate’s action resolves the immediate fines recommended by staff but preserves regulatory recourse for future violations.