Special Magistrate

1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.A Approval of Minutes Approval of Minutes of September 23, 2026 3. SWEARING OF CITY STAFF, RESPONDENTS AND WITNESSES 4. OLD BUSINESS 4.A CCSM-0146-2026 - 1998 State Road 44; Owner: GH2 NSB BB LLC; Officer: Herman Trautwein 5. NEW BUSINESS 5.A CCSM-0432-2026 - 1798 State Road. 44 Owner: Sirtaz Sibia/Sibia Group Inc; Officer: Barbara Bobelak 6. REPEAT BUSINESS Special Magistrate Wednesday, October 28, 2026 at 2:00 PM City Commission Chambers 214 Sams Avenue, New Smyrna Beach, Florida 32168 The City of New Smyrna Beach October 28, 2026 1

7. LIEN AMNESTY APPLICATION 8. STAFF REPORT 9. ADJOURNMENT Pursuant to Florida Statutes 286.0105, if an individual decides to appeal any decision made by the board, agency or commission of the City of New Smyrna Beach with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Such person must provide a method for recording the proceedings. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk’s office in person or by mail at 210 Sams Avenue, New Smyrna Beach, Florida 32168, (386) 410-2630, prior to the meeting. The City of New Smyrna Beach October 28, 2026 2

THE CITY OF NEW SMYRNA BEACH - CODE COMPLIANCE APPROVAL OF MINUTES October 28, 2026 Background: Requesting approval of the Special Magistrate Minutes from the September 23, 2026 hearing. Fiscal Analysis: None Strategic Plan Item: No Staff Report Created By: Barbara Bobelak - Supervisor - Code Enforcement Attachments: Special Magistrate Minutes - September 23, 2026.pdf 3

Special Magistrate Wednesday, September 23, 2026, at 2:00 p.m. City Commission Chambers 214 Sams Avenue, New Smyrna Beach, Florida 32168 1. CALL TO ORDER Having been duly advertised as required by law, the Special Magistrate of the City of New Smyrna Beach, Florida, was held on Wednesday, September 23, 2026, at the City Commission Chambers, 214 Sams Avenue, New Smyrna Beach, Florida 32168. Special Magistrate Jessica Gow called the hearing to order at 2:00 p.m. and reviewed the procedures for the hearing. 2. APPROVAL OF MINUTES The Special Magistrate approved the minutes of the August 26, 2026, meeting. She continued to explain the process for the meeting, advised of the appeal process and asked if there were any questions. There were none. 3. SWEARING OF CITY STAFF, RESPONDENTS AND WITNESSES Board Clerk Evann Lorenzen administered the oath to the following City Staff and property representaƟves/owners: Barbra Bobelak, Code Compliance Supervisor, John Parks, Code Compliance Officer, Herman Trautwein, Code Compliance Officer, and DC Carreiro, Contractor. 4

4. OLD BUSINESS: 4.A CCSM-0165-2026 – 411 Flagler Ave. Owner: 411 Flagler Ave Smyrna LLC; Officer: John Parks DC Carreiro, Contractor, was present for comment. ViolaƟon of city code: Sec. 26-171. (a) – Permits Required On September 23, 2026, this case was heard before the Special Magistrate. On August 26, 2026, The Special Magistrate found 411 Flagler Ave Smyrna LLC and/or enƟty in violaƟon of Sec. 26 171. (a) - Permits Required, and gave unƟl 1 P.M. August 14, 2026, to bring the property into full compliance or a fine may be imposed at a subsequent hearing. The Board order was mailed cerƟfied mail on July 23, 2026, and posted on the property July 23, 2026, and accepted on July 27, 2026. Officer John Parks stated the property remains in violaƟon It is staff’s recommendaƟon to the Special Magistrate to impose a fine of $100.00 per day for Sec. 26-171. (a) – Permits Required commencing on September 23, 2026, unƟl compliance is achieved. Based on tesƟmony and evidence presented, Special Magistrate Gow moved to impose a fine of $100.00 per day for Sec. 26-171. (a) – Permits Required commencing on September 23, 2026, unƟl compliance is achieved. 5

5. New Business: 5.A CCSM-0146-2026 – 1998 State Road 44; Owner: GH2 NSB BB LLC; Officer: Herman Trautwein The Owner was not present for comment. ViolaƟon of city code: LDR 801.30. (A).10. - Property Maintenance Standards Signs LDR 801.30. (A).2. - Property Maintenance Standards Non-funcƟonal elements LDR 801.30. (A).4. - Property Maintenance Standards Awnings LDR 801.30. (A).5. - Property Maintenance Standards Parking lots LDR 801.30. (A).6. - Property Maintenance Standards Landscaping LDR 801.30. (A).9. - Property Maintenance Standards Accessory Improvements On April 21, 2026, an inspecƟon was conducted and the property was found to be in violaƟon of city code: LDR 801.30. (A).10. - Property Maintenance Standards Signs, LDR 801.30. (A).2. - Property Maintenance Standards Non-funcƟonal elements, LDR 801.30. (A).4. - Property Maintenance Standards Awnings, LDR 801.30. (A).5. - Property Maintenance Standards Parking lots, LDR 801.30. (A).6. - Property Maintenance Standards Landscaping, LDR 801.30. (A).9. - Property Maintenance Standards Accessory Improvements. Officer Trautwein stated a noƟce of violaƟon was posted on April 21, 2026, cerƟfied mail was sent on April 29, 2026, and accepted on May 4, 2026, with compliance date of August 31, 2026, a follow up inspecƟon on September 22, 2026, and showed the property was sƟll in non-compliance. It is staff’s recommendaƟon to the Special Magistrate to find GH2 NSB BB LLC and/or enƟty in violaƟon of city codes LDR 801.30. (A).10. - Property Maintenance Standards Signs, LDR 801.30. (A).2. - Property Maintenance Standards Non- funcƟonal elements, LDR 801.30. (A).4. - Property Maintenance Standards Awnings, LDR 801.30. (A).5. - Property Maintenance Standards Parking lots, LDR 801.30. (A).6. - Property Maintenance Standards Landscaping, LDR 801.30. (A).9. - Property Maintenance Standards Accessory Improvements and give unƟl October 6

16, 2026, to bring the property into full compliance, or a fine may be imposed at a subsequent hearing based on the officer’s tesƟmony and photos. Based on tesƟmony and evidence presented Special Magistrate Gow moved to order GH2 NSB BB LLC and/or enƟty to bring the property into full compliance by 1:00 P.M. October 16, 2026, if the Special Magistrate finds the violaƟons were not corrected by the date set forth above, a fine of $40.00 per day for each secƟon of code that remains in violaƟon may be imposed. 6. Repeat Business: 8.Staff Reports: None. 9. Adjournment: 2:21 P.M. 7

THE CITY OF NEW SMYRNA BEACH - CODE COMPLIANCE CCSM-0146-2026 - 1998 STATE ROAD 44; OWNER: GH2 NSB BB LLC; OFFICER: HERMAN TRAUTWEIN October 28, 2026 Background: Violation of city code: LDR 801.30. (A).10. - Property Maintenance Standards Signs, LDR 801.30. (A).2. - Property Maintenance Standards Non-functional elements, LDR 801.30. (A).4. - Property Maintenance Standards Awnings, LDR 801.30. (A).5. - Property Maintenance Standards Parking lots, LDR 801.30. (A).6. - Property Maintenance Standards Landscaping, LDR 801.30. (A).9. - Property Maintenance Standards Accessory Improvements. Compliance date: August 31, 2026, Method of service: Certified mail sent on April 29, 2026, and accepted on May 4, 2026. Findings: On September 23, 2026, this case was heard before the Special Magistrate. The Special Magistrate found GH2 NSB BB LLC and/or entity in violation of LDR 801.30. (A).10. - Property Maintenance Standards Signs, LDR 801.30. (A).2. - Property Maintenance Standards Non-functional elements, LDR 801.30. (A).4. - Property Maintenance Standards Awnings, LDR 801.30. (A).5. - Property Maintenance Standards Parking lots, LDR 801.30. (A).6. - Property Maintenance Standards Landscaping, LDR 801.30. (A).9. - Property Maintenance Standards Accessory Improvements, and gave until 1 P.M. October 16, 2026, to bring the property into full compliance or a fine may be imposed at a subsequent hearing. The Board order was mailed certified mail on September 24, 2026, and accepted on September 28, 2026, and posted on the property September 24, 2026. Fiscal Analysis: None. Strategic Plan Item: No Staff Report Created By: Evann Lorenzen - Administrative Specialist Attachments: CCSM-0146-2026 - 1998 SR 44 - October Agenda.pdf 8

CE-0146-2026 – 1998 STATE ROAD 44 CODE CASE DETAILED REPORT FOR CITY OF NEW SMYRNA BEACH Case Type: Status: Description: Project: SPECIAL MAGISTRATE District: Opened Date: Closed Date: NOT CLOSED Assigned To: Herman Trautwein Code Enforcement In Progress The Complainant stated that there is a large pothole in the road leading towards an exit. New Smyrna Beach 04/16/2026 Parcel: Main734306000720 Address: 1998 State Road 44 New Smyrna Beach, FL 32168 Main Zone: B-5 (PLANNED SHOPPING CENTER) Gh2 Nsb Bb Llc Emmaline Gunther Owner 639 N Alexander St Mount Dora, FL 32757 Mobile: 3522322538 Mary Burgoyne Complainant 1223 Wayne Ave New Smyrna Beach, FL 32168 Home: 3864246170 Created ByNote Date and Time Created 1. Barbara BobelakPotholes in driving lane near exit, I believe on the west end of the property. 4/20/2026 9:21 am 2. Barbara BobelakAssigned to: Herman Trautwein 4/20/2026 9:22 am UserActivity Type Activity Number Activity Name Created On Barbara BobelakPC-004313-2026 Complaint 04/20/2026Phone Call Page 1 of 1April 20, 2026 9

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September 9, 2026 Dear evann lorenzen: The following is in response to your request for proof of delivery on your item with the tracking number: 9214 8901 9403 8370 7496 31. Thank you for selecting the United States Postal Service ® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service ® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 Item Details Status: Delivered, PO Box Status Date / Time: May 4, 2026, 8:27 am Location: MOUNT DORA, FL 32757 Postal Product: First-Class Mail ® Extra Services: Certified Mail™ Return Receipt Electronic Recipient Name: GH2 NSB BB LLC Shipment Details Weight: 2.0oz Recipient Signature Signature of Recipient: Address of Recipient: Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. 22

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9214 8901 9403 8344 8292 84 25

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October 06, 2026 Dear evann lorenzen: The following is in response to your request for proof of delivery on your item with the tracking number: 9214 8901 9403 8344 8292 84. Thank you for selecting the United States Postal Service ® for your mailing needs. If you require additional assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811. Sincerely, United States Postal Service ® 475 L'Enfant Plaza SW Washington, D.C. 20260-0004 Item Details Status: Delivered, PO Box Status Date / Time: September 28, 2026, 10:06 am Location: MOUNT DORA, FL 32757 Postal Product: First-Class Mail ® Extra Services: Certified Mail™ Return Receipt Electronic Recipient Name: GH2 NSB BB LLC Shipment Details Weight: 1.0oz Recipient Signature Signature of Recipient: Address of Recipient: Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file. 27

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okay. A question there because we have found a violation. Do you think in lieu of closing it without compliance? Should we just continue it for a period of say sachs months and if the new owner hasn't been active on that site because it attaches to the address then we could do a check in and it would be within your guys discretion to close it if there was compliance. >> we can continue it if you would like to. And I will say I know a few of the items have been addressed already. So yes, we can continue it. >> okay. And do you think sachs months is a reasonable time if we do too that they've got time to think of it? Perfect. Well then what we will do based on that testimony is for this item we will continue this for a period of sachs months to come back to the magistrate date and in MAY of 2027 if we do not have compliance by that date. It's very. Okay. Thank you. And then we have one item of new business at cc sm 0432 2026 1798 state road 44. Okay. And this property is located at 1798 state road 44. It's also located in a zoning district b5 planned shopping center. The violation cited was section 26 171 a on SEPTEMBER 1st, 2026. Code compliance received a complaint regarding a roof top unit air handler being removed and replaced with a new unit. >> this incident was reported by tom verbal building inspections supervisor on SEPTEMBER 1st, 2026. A review of the permitting system showed no permit in the system for the installation of the new rooftop unit showing the property in violation of section 20 6-1 71 a permits required on SEPTEMBER 28th 2026 I followed up with tom verbal building inspector to check to see if the permitting system had been updated or if he was aware of any issues with the permit. And then I also verified the permitting system and the no permit had been submitted at the time and tom verbal the building inspector supervisor allowed them to complete the work on SEPTEMBER 1st, 2026 due to chipotle mexican grill did not have a working air conditioning unit and the crane was already on site that was needed to complete the work. So the work has been completed at this site. The and the contractor on site was ssi services. They're the ones that conducted the work that needed to obtain the permit on SEPTEMBER 10th 2026 the notice of violation notice the hearing was mailed certified mailed to severe group inc. That is the property owner and also also I copy the contractor ssi services so they were aware that they were responsible for a permit and the property owner was mailed certified mail and as far as I can tell that was still in transit. The ssi they did sign and accept theirs because I did send it certified mail. The property was also posted on SEPTEMBER 11th. An initial compliance date was OCTOBER 22nd 2026. I do know that the property owners aware of the violation and because when I made contact that he did I he was aware that the work had been done. He emailed me stating that that was the responsibility of the tenant so but I did make him aware that by florida state statute it's his property so he's responsible to follow up with the permit. So and I spoke with him on SEPTEMBER 17th, 2026 on OCTOBER 5th, 2026 I emailed kyle dubal I believe he's the senior manager of development for chipotle just to follow up on a permit application for the air handler and because they're still had been no permit submitted to the city I emailed them again last week there's been an email chain going back and forth for the last 4 or 5 days and as of today there's still no permit and the permitting system and the last I knew they were going back and forth with avanti the affidavit for the owner to give them permission to get the permit for the property and tom is here to testify on submitting this and for any questions that you MAY have from him. Okay, perfect. >> thank you for that overview. I don't know that we need building testimony. >> I think it's pretty well documented in the backup even the discussion back and forth and the responsibility. >> so you have answered my initial questions on this one. >> okay. So with that being said, my recommendation would be to find severe group inc and or entity in violation of city code section 20 6-1 71 a permits required for the installation of the rooftop air handler with the re quired permits and inspections and and given until NOVEMBER 18th 2026 to obtain the permit get the inspections to complete the work if the property is not brought into compliance is my recommendation to impose a fine of $100 per day at the next hearing. >> perfect. >> okay. Thank you for that and seeing no one from the property owner or tonight here based on that testimony and the evidence in the record we are going to find that the property is currently in noncompliance with a violation of section 20 6-1 71 a and 20 6-1 72 of the land development code we will order the property come into compliance by NOVEMBER 18th 2026 and notify the code inspector and request a reinspection if it is not in compliance by that time a fine of $100 per day for each section of the code that remains in violation MAY be imposed in this case we'll return to the NOVEMBER 23rd, 2026 special magistrate hearing which will be at 2 P.M. In these chambers unless compliance is achieved before that date. thank you. >> thank you. That is our only item of new business no repeat business or lean amnesties any staff reports? >> evan did you bring the calendar by chance? Okay, we did put a calendar together for next year. Okay. So we'll email that to you and then maybe you have a chance to look over it and then we can have it approved at the next hearing. That'd be perfect. Okay. Thank you. All right. Anything else finally for me? >> no, thank you. Okay, perfect. Well, with and with that we will adjourn at 209. >> thank you, everyone.