Code Compliance Board

Code Compliance Board Minutes Thursday, January 15, 2026, at 4:30 PM City Commission Chambers 214 Sams Avenue, New Smyrna Beach, Florida 32168 1. CALL TO ORDER- 4:30 PM Having been duly advertised as required by law, the regular meeting of the Code Compliance Board of the City of New Smyrna Beach, Florida, was held on Thursday, January 15, 2026, at the City Commission Chambers, 214 Sams Avenue, New Smyrna Beach, Florida 32168. Chair Dan Copfer called the meeting to order at 4:30 PM and reviewed the procedures for the hearing. Present: Chairman Dan Copfer, Member Albert Schimanski, Member Clifford Wharin, Member Aaron Denys, Member Keith McWilliams, and Member Katherine Brown. Member Ruth Harris was absent. 2. DISCLOSURE OF EX PARTE COMMUNICATIONS None 3. APPROVAL OF MINUTES Albert Schimanski moved to adopt November 20, 2025, Code Compliance Board Meeting Minutes. Member Clifford Wharin second the motion, and the motion carried unanimously 6 -0.

4. SWEARING OF CITY STAFF, RESPONDENTS AND WITNESSES Board Secretary Evann Lorenzen administered the oath to the following City Staff and property representatives/owners: Barbara Bobelak, Beverly Abrahamson, John Parks, Herman Trautwein, and property owners Todd Jones and John Porter. Old Business - CCB-0488-2025 – 205 Quay Assisi; Owner: Randall Todd SR & Suzette S Jones; Officer: Beverly Abrahamson The owner was present for comment. Violations Cited: Sec. 26-171. (a) – Permits Required Sec. 26 – 172. – Penalties for work commencing before permit issuance. On November 20, 2025, the board found Randall Todd Sr & Suzette S Jones and/or entity in violation of Sec. 26-171. (a) Permits Required and gave until 1 P.M. February 19, 2026, to bring the property into full compliance. The Boards order was mailed certified mail on November 26, 2025, and posted on the property on November 26, 2026. On December 2, 2025, the property owner Todd Jones spoke with Officer Abrahamson and stated he a pre-application meeting with the building department scheduled for December 9, 2025, the next day Officer Abrahamson received an email from Mr. Jones stating he had a variance meeting with Planning and Zoning schedule for February 2, 2026. It is staff’s recommendation to the board to continue the case until February 19, 2026. The Code Compliance board moved to continue the case until February 19, 2026, hearing based on the testimony of the code inspector. Member Aaron Denys accepted the motion recommended by staff, Member Albert Schmanski second the motion and the motion carried unanimously.

New Business - CCB-0540-2025 – 387 Otter BLVD Owner: Johnathan Porter TR; Officer John Parks The owner was present for comment. Violations Cited: Sec 26-171 (a) – Permits Required On October 6, 2025, an inspection was conducted and the property was found to be in violation of City Code Sec. 26-171 (a) – Permits Required. Officer Parks stated a notice of violation was posted on the property on October 16, 2025, and certified mail was sent on October 16, 2025, with a compliance date of January 9, 2026, and returned to the city. On January 9, 2026, a follow up inspection showed a completed permit was done for fencing but there was still an outstanding permit for plumbing to be applied for and issued. It is Staff’s recommendation to the board to find Johnathan Porter TR and or entity in violation of Sec. 26-171 (a) and give until January 13, 2026, to bring the property into full compliance. Or a fine may be imposed of $50.00 per day until the property is brought into full compliance. The Code Compliance board moved to give the respondent until 1:00 P.M. on January 13, 2026, to bring the property into full compliance and notify the code compliance officer for reinspection or a fine may be imposed at a subsequent hearing based off the Officers’ testimony and photos. Member Clifford Wharin accepted the motion recommended by staff, Member Albert Schmanski second the motion and the motion carried unanimously.

CCB-0642-2025 – 208 Desoto Dr. Owner: Judy Omalley; Officer: Herman Trautwein John Porter was present on behalf of the owner for comment. Violations cited: IPMC 302.8 – Inoperative Motor Vehicles LDR 802.02 – Storage on residential lots LDR 802.05 – Rv storage LDR 802.07.B. – Trailer Storage Sec. 26-171. (a) – Permits Required Sec. 26-172 – penalties for work commencing before permit issuance Sec. 26-914. (8) – Landscaping Sec. 26-914. (9) - Trash and debris Sec. 26-914. (13) – Outdoor Storage On December 10, 2025, an inspection was conducted and the property was found to be in violation of the city codes listed above. Officer Trautwein stated a notice of violation was posted on the property on December 15, 2025, and certified mail was sent on December 15, 2025, with a compliance date of December 30, 2025. A reinspection of the property was conducted on January 6, 2025, and it was determined that the violations were not corrected. It is staff’s recommendation to the board to find Judy O Malley and/or entity in violation of the above listed violations and give until March 12, 2026, to bring the property into full compliance. Or a fine of $25.00 per day per violation for a total of $225.00 per day may be imposed. The Code Compliance board moved to give the respondent until 1:00 P.M. on March 12, 2026, to bring the property into full compliance and notify the code compliance officer for reinspection or a fine may be imposed at a subsequent hearing based off the officers’ testimony and photos. Member Albert Schmanski accepted the motion recommended by staff, Member Clifford Wharin second the motion and the motion carried unanimously.

CCB-0810-2024 – 305 Julia St. Owner: 305 NSB Investment LLC; Officer: John Parks The owner was not present for comment. Violations of city codes: Sec. 26-171. (a) – Permits Required Sec. 74-146. – Local business tax imposed IPMC 304.10 – Stairways, Decks, Porches, and Balconies LDR 504.02. (MU) – Zoning District Regulations On November 15, 2024, an inspection was conducted and the property was found to be in violation of the above listed violations. Officer Parks stated a notice of violation was posted on the property on February 26, 2025, and certified mail sent on February 26, 2025, with a compliance date of April 25, 2025. A reinspection of the property was conducted on January 6, 2026, and it was determined that the violations were not corrected. It is staff’s recommendation to find 305 NSB Investment LLC and/or entity in violation of the above listed violations and give until 1:00 P. M. February 13, 2026, to bring the property into compliance or a fine of $75.00 per day per violation may be imposed. The Code Compliance board moved to give the respondent until February 13, 2026, by 1:00 P.M. to bring the property into full compliance and notify the code compliance officer for reinspection or a fine may be imposed at a subsequent hearing based off the officers’ testimony and photos. Member Aaron Denys accepted the motion recommended by staff, Member Clifford Wharin second the motion and the motion carried unanimously.

REPEAT BUSINESS - None 6. DISCUSSION 7. STAFF REPORTS 8. ADJOURNMENT- 4:58 P.M. As there was no further business to discuss, Chair Dan Copfer declared the meeting adjourned at 4:58 P.M. 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.