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Magistrate issues mixed findings across multiple code-enforcement cases; several compliance dates set for July
Summary
At the May 28 hearing the magistrate found some properties in compliance with permits in process, continued others for permit review, and set multiple deadlines (commonly July 1 or July 23) and potential fines for repeat or unresolved violations.
The City of New Smyrna Beach special magistrate reviewed a slate of old- and new-business code-enforcement cases on May 28 and entered multiple findings: some properties were found currently in compliance while others were ordered to secure permits or face fines if not compliant by set dates.
Case-by-case outcomes included finding the property at 824 Downing Street in compliance while a building permit to move the structure is in process; 2506 Milton Avenue was found in compliance contingent on permit issuance; and 206 Flagler Avenue and 520 South Peninsula Avenue were continued to the July 23 hearing to allow time for building- and fire-department reviews. The magistrate repeatedly told property owners that obtaining the required permit(s) and notifying the code inspector for reinspection would be treated as compliance; failure to do so could trigger daily fines (examples cited in the hearing: $25–$100 per day with statutory caps up to $25,000).
Magistrate remarks emphasized the record-based nature of decisions and the limits of this hearing to remedial enforcement: "Based on the evidence provided in the testimony at this hearing, the property is currently in violation…we will order that the property be brought into compliance by [date]," the magistrate said in several orders. Several cases were continued to the July 23 magistrate hearing to verify permit issuance and reinspection results.
