[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6236866,"mediaKeyId","3352859-75b4ab40fcc164f0b86e7f7da21c26e9","parentId",3352859,"title","Contractor says new seawall technology behind delays but city finds 3159 S. Atlantic noncompliant","audioSeconds",828,"startMs",1648000,"endMs",2476000,"viewUrl","/Search/View?dp=1&key=3352859-75b4ab40fcc164f0b86e7f7da21c26e9&start=1648&end=2476","thumbnailUrl","https://assets.pipeline.soar.com/3352859-75b4ab40fcc164f0b86e7f7da21c26e9/thumbnail_1648000.jpg","articleUrl","/articles/6236866/Daytona-Beach-Shores/Volusia-County/Florida/Contractor-says-new-seawall-technology-behind-delays-but-city-finds-3159-S-Atlantic-noncompliant","mediaUrl","https://secure.pipeline.soar.com/6236866-95176418462480945982707887b5b164/orig.mp4?Expires=1771214747&Signature=R3yJNLJ-eMoyUKAzCf6e8eGEwByMOyGbYkww5CAMp2oqs5I--ZIm0VuF0jBfzja~gky1AbJSOHFU7s4rNt5s3iABdGj-hDj5AIMnyOKIHWgWpFLMfgPT10v1LffSHdjlHisM7xgsy5Wo55tRJLnwyOr-jWg11ymG7BqCch1VXevPb~sYtA4AF7F204ueA8UJTfbqymIQ4wL3DNMl4GnfRQWqTUmdtLRrpsOyzzv7vgpesbxRsK2FyIsBzRvwvfgsD0fz-NuFuh2oevY8OG7H5-RU3eUKs~c3P6yI9CZIlFOXZoKtZ27XSgTKUKf0ttXCQhZJdSW3m2Kp5C8SoAGAZw__&Key-Pair-Id=KUT5TJCACFTXG","author","City of Daytona Beach Shores, FL","date","2025-05-16T02:00:15Z","article","A Daytona Beach Shores code enforcement magistrate found the owner of 3159 South Atlantic Avenue not in compliance with repair orders tied to seawall destruction during the late‑2022 hurricanes and issued an order imposing administrative fees and future daily fines until the work is complete.

The city’s presentation described four violations related to seawall destruction and ongoing erosion at the vacant lot, and documented a timeline in which the owner was ordered to install purpose-made protective sandbags by April 30 and to complete backfilling, final engineering submittals and a final inspection by Jan. 21, 2025. The city’s reinspection two days after the first ordered compliance date showed the owner had placed protective sandbags but had not completed all work required for final compliance.

Why this matters: the seawall and erosion at the site are tied to neighborhood shoreline stability and can affect adjacent properties. The magistrate noted progress but found the property noncompliant as of the January compliance deadline and imposed administrative costs; fines will accrue from the failure of compliance until full compliance is achieved.

City code enforcement representative Miss Herstein showed inspection photos from 2023 and early 2024 and a follow-up inspection taken Jan. 23 that showed work staged but incomplete. Building official Steve Evans confirmed the photographs matched his observations. Inspector notes in the city packet documented the issued compliance dates and reinspection history.

Contractor Edwin Peck, who identified himself as the contractor on the project, described the seawall technology as a newer system: a plastic tube inserted into the ground that evacuates soil, is filled with concrete and uses rebar — a system Peck said can be raised later by removing a cap. Peck acknowledged delivery and manufacturing delays for the new materials but told the magistrate “we are progressing” and noted another concrete pour the day before the hearing. He asked the magistrate to consider the long-term benefits of the technology, saying it has an expected life “over a hundred year.”

Magistrate LaRoche ruled that the property was not in compliance by the January 2025 date, issued an order (Order No. 11), and ordered payment of administrative fees of $92.43 within 30 days. LaRoche also reminded the respondent that fines of $250 per day will run from the failure of compliance until full compliance is achieved.

Next steps: the city will likely schedule a second compliance hearing to review progress toward final engineering, backfill and final inspection; the respondent was told fines continue to accrue until the city documents full compliance.","mediaType","Video","parentTitle","Code Enforcement - 06/15/25","oneSentenceSummary","A Daytona Beach Shores code enforcement magistrate found the owner of 3159 South Atlantic Avenue not in compliance with seawall and erosion repair orders tied to late‑2022 hurricane damage and ordered administrative fees and daily fines until the work is complete.","taxTitle","Daytona Beach Shores, Volusia County, Florida","taxId",9287,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6236864,"Pirates Cove condo found noncompliant on seawall and structural damage; manager cites funding, contractor death",2396,2400000,3535,"/Search/View?dp=1&key=3352859-75b4ab40fcc164f0b86e7f7da21c26e9&start=2400&end=3","https://assets.pipeline.soar.com/3352859-75b4ab40fcc164f0b86e7f7da21c26e9/thumbnail_2400000.jpg","/articles/6236864/Daytona-Beach-Shores/Volusia-County/Florida/Pirates-Cove-condo-found-noncompliant-on-seawall-and-structural-damage-manager-cites-funding-contractor-death","https://secure.pipeline.soar.com/6236864-339a49774a718cfce88c36381c2b2579/orig.mp4?Expires=1771214747&Signature=m64ugTdah3ALC53Wjm8upjfxi~AIDDGZ-Msse7CeAs7jieQ-7WqDrmT9pabvc2MYuZ0JOnp5Bw87K~x6v~KmG7smiE01EjoyovXSVlnDfVBvOYyyqQnKMY79wllknuAXVsMsNbtVrFjQMFYZSIBQwDJ64kjwbq7DiBTWj~GNRBWpGsDII07ur-emTxPrRWYMWly6ZYzg2d8vXuczNBrBEjg89ySrlUrk~krTIvFFMpKoafIKMwKwe9q~FrFQ0jYg5C4cLefdlMgbcF1Gg-vWJv3KXnPucS~NtKftUuvroA6cxX3se0c1Gi0TnjqArfqpkqZVHhUnXeJsoY5Z76ga-A__&Key-Pair-Id=KUT5TJCACFTXG","The Pirates Cove Condominium Association, 3501 South Atlantic Avenue, was found not in compliance today by the Daytona Beach Shores special code enforcement magistrate for failure to complete repairs to a seawall, northeast corner return/retaining wall and damaged structures stemming from the late‑2022 hurricanes.

The city’s packet documented an initial hearing in January 2024 and ordered phased restoration work. The second compliance date was April 30, 2024; a reinspection on May 2 documented that work had begun but full compliance had not been achieved. City counsel presented photographs showing prior damage and staged work; building official Steve Evans corroborated the city’s descriptions, noting partial demolition left upper‑level doors that “open to nowhere” where sundeck stairs once existed.

Why this matters: the damaged seawall and unprotected retaining wall at the property’s northeast corner were eroded and in places missing, exposing adjacent property and structures to wave action and further damage. The condo association’s progress toward final engineering submittals, backfill and approved final inspections will determine whether daily fines accrue.

Alicia Delagatti, the condo association manager (CAM manager) for Pirates Cove, testified that she has been on site since October 2023 and found the property “completely in disrepair.” Delagatti said prior funds had been misused and that the association will need to present special-assessment options to owners if they choose to rebuild certain features such as an upper deck that formerly housed a bar and sundeck. She told the magistrate the association is working with Keith Stone Engineering on concrete restoration and that the association is cleaning and stabilizing areas daily. Delagatti also informed the magistrate that the contractor of record, Steve Van Arnhem, recently died and the association will need to coordinate next steps with the city and new contractors.

Magistrate LaRoche found Pirates Cove not in compliance and issued an order (Order No. 11) imposing an administrative fee of $92.43, due within 30 days, and noted fines of $250 per day will accrue from the failure of compliance until final approval. The magistrate advised the association that any restoration or abandonment of features must be accompanied by signed and sealed engineering and appropriate permits; Delagatti confirmed the association is discussing options with engineers and will present decisions to owners, likely by the end of the summer.

Next steps: Pirates Cove will continue restoration work, coordinate with engineers for signed and sealed plans, address funding via owners’ votes on special assessments if required, and return for a second compliance hearing to document final engineering, permitting and inspection.","The Pirates Cove Condominium Association at 3501 South Atlantic Avenue was found not in compliance with repair orders tied to seawall, retaining-wall and structural damage from the late‑2022 hurricanes; the association manager cited funding shortfalls and the recent death of the contractor of record.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6236867,"Magistrate continues vacant-building enforcement case after attorney seeks owner testimony",1312,340000,1652000,"/Search/View?dp=1&key=3352859-75b4ab40fcc164f0b86e7f7da21c26e9&start=340&end=1652","https://assets.pipeline.soar.com/3352859-75b4ab40fcc164f0b86e7f7da21c26e9/thumbnail_340000.jpg","/articles/6236867/Daytona-Beach-Shores/Volusia-County/Florida/Magistrate-continues-vacant-building-enforcement-case-after-attorney-seeks-owner-testimony","https://secure.pipeline.soar.com/6236867-69e9292e41480092e83483f4390b739b/orig.mp4?Expires=1771214747&Signature=PFPo2kGswSu2Nptv1nDK5fbmXoojhMnZ-WJNMifURGUFs3x-pQHRHqKGDQzJD6V5SVID-ODBJBprr4uR7POd2207YLFwlEH58qK3TDp6OybQg9WjGW30mG4qKmfPA6jWgfk3L7yczJAHOhXQX75wjZqhLVw5WkXj7pgaj0XB4EqY~bEXmyGHnXY5TW-UVB4mkdOZSqUlI7aoJYN89wb4N0O473wWLdtph1Psyxqvuz52PuNTl-yU5dJ525bs08GpaRgCrfg4PtvUq-KvR43RgiZoaSnq1Wms40EN36csLSn6~wYjnLZjkHYbzPkbbXXyVc~KNzpykguYU~y9ZglHmQ__&Key-Pair-Id=KUT5TJCACFTXG","Special Code Enforcement Magistrate Steven D. LaRoche granted a continuance in the second compliance hearing for property owner 2120 South Atlantic Avenue LLC and rescheduled the case for June 19, after the owner’s attorney said the property owner must testify about how violations occurred.

The case concerns a property first found in violation in April 2021 with an initial set of 20 violations, including failure to register the vacant building and failure to obtain a Certificate of Compliance Vacant Property (CCVP). The city presented a record showing a single compliance date of Dec. 21, 2021, a follow-up hearing on Jan. 19, 2022 that resulted in an order imposing fines and a lien, and intermittent inspections. The city recorded an affidavit of noncompliance and later received a CCVP application on Nov. 16, 2022, after which an interior walkthrough was scheduled.

Why this matters: the magistrate repeatedly noted the accumulated fines could be substantial — near the $300,000 range referenced in the hearing record — and said the owner’s sworn testimony could affect any fine determination. The hearing covered whether the delays were caused by the owner’s lack of knowledge, contractor issues, or the actions of a property manager.

City code enforcement representative Miss Herstein told the magistrate that, until the CCVP application was filed, staff could not schedule an interior inspection; when the application arrived in November 2022, the city inspected the next day and found two interior deficiencies (a hanging conduit and storage in multiple areas of the vacant building) and about 10 exterior violations. Building official Steve Evans confirmed for the magistrate that he had reviewed the city’s packet and that the photographs presented reflected the conditions documented during inspections.

Attorney Glenn Storch, representing the property owner, told the magistrate the owner, Joseph Ernest, had not been informed of the violations earlier and that the property manager had been fired. Storch argued the owner “was a victim” of the manager’s failures and asked to call Ernest to testify about the timeline and actions taken. LaRoche replied that testimony from the owner would be evidentiary and not merely argument and offered one opportunity to continue the hearing so the owner could be sworn and testify.

LaRoche granted the continuance on Storch’s motion and set the next hearing for June 19 at 9 a.m. The magistrate also ordered that outstanding administrative costs — $234.62 noted on the record — be paid before the matter proceeds; Miss Herstein had additionally requested a $79.69 continuation/copying fee. Miss Herstein said she would supplement the file with any additional materials before the next hearing.

The magistrate emphasized that, because the potential fines were large, he wanted the owner’s sworn testimony on the record before deciding the appropriate penalty. The hearing record shows a continuing inspection history with 13 reinspection forms included in the city’s packet and multiple documented contacts from potential buyers and other third parties but limited direct earlier contact from the owner until late 2022.

Next steps: the case is continued to June 19, 9 a.m.; the city may supplement the evidentiary file and the owner is expected to appear and be sworn. Outstanding administrative costs must be paid prior to resumption of the hearing.

","Daytona Beach Shores special magistrate granted a 30-day continuance in the second compliance hearing for 2120 South Atlantic Avenue LLC after the property owner’s attorney said the owner was unaware of violations and asked to call him to testify; magistrate ordered outstanding administrative costs paid before the next hearing.","actionData","errors"]

Article not found

Contractor says new seawall technology behind delays but city finds 3159 S. Atlantic noncompliant

Pirates Cove condo found noncompliant on seawall and structural damage; manager cites funding, contractor death

Magistrate continues vacant-building enforcement case after attorney seeks owner testimony