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Code Compliance Board orders daily fines for 2631 Brookline Ave over permit violations

New Smyrna Beach Code Compliance Board · May 22, 2025
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Summary

The New Smyrna Beach Code Compliance Board voted May 22 to impose a $50-per-day fine on the owner of 2631 Brookline Avenue for unpermitted work, beginning May 9, 2025; the board recorded a prior finding and gave the owner additional time to complete permits.

The New Smyrna Beach Code Compliance Board voted May 22 to impose a $50-per-day fine on the owner of 2631 Brookline Avenue for failing to obtain required building permits.

Officer John Parks told the board the property (zoned R-2 single-family) had been found in violation for permits required under section 26-171 and for local business‑tax receipt issues. Parks said the board had previously found Terry Lee Lander Jr. in violation on March 20, 2025, and gave a compliance deadline of May 9, 2025. "On 03/20/2025, the board found Terry Lee Lander junior and or entity in violation of 26-171 and 74-146 and gave until 05/09/2025 to bring the property into full compliance," Parks said.

Parks reported an application for a pool and decking exists in the permitting system but is marked with fees due and a resubmittal required; there were no permit applications for the driveway extensions or shed. Staff recommended a $50-per-day fine for the permit violation beginning May 9, 2025, and a finding of noncompliance (no fine) for the business-tax receipt issue. Board members asked whether the work was done by the homeowner or a contractor; Parks said he had only spoken to a renter at the property and had no confirmation of the owner or contractor.

A motion to follow staff's recommendation passed unanimously. The board ordered respondents to contact the code inspector to verify compliance and noted respondents may appeal orders to circuit court within 30 days. The board also cautioned that a repeat violation within five years could trigger higher fines (up to $500 per day).