Special magistrate fines 411 Flagler Avenue $100 per day for unpermitted work

The City of New Smyrna Beach special magistrate found 411 Flagler Avenue in violation of city code for unpermitted renovations and ordered a $100-per-day fine effective Sept. 23, 2026, until the property is brought into compliance, the magistrate said at the hearing.

Code compliance staff told the magistrate that the property had been continued multiple times and that photographs and permit-system notes show work — including interior renovations, a raised floor and an unpermitted rear deck — with no matching permits. "We are going to impose a fine of a $100 per day for section 26 dash 1 71 a permits required," the magistrate said.

Desiderio Carrero, the general contractor for Red Line Construction, testified that he had resubmitted permit materials last week, including a site plan showing the raised floor and rear door, and that zoning approval had been granted but engineering and building review were still pending. "As of 20 minutes ago or so, the only thing that's been approved has been zoning, and we're still waiting on engineering and building," Carrero said.

A building inspector who had previously inspected the property told the panel that an earlier BTR inspection showed an open-concept interior with no wall present, an observation he placed on the record while noting he was not the original contractor on the job. The magistrate directed the respondent to notify code enforcement once permits were issued and said the owner may request a lien review after compliance is verified.

The decision changes a prior timeline and sets enforcement to continue until the city confirms that all required permits have been submitted, reviewed and issued. The special magistrate scheduled no further immediate action beyond imposing fines and offering the owner a post-compliance lien review.