- March 10, 2025
Despite a history of code violations, the Ormond Beach City Commission agreed to reduce the $22,061.37 fines against an Ormond Beach man's home and business.
BY MATT MENCARINI | STAFF WRITER
After nearly 90 minutes of discussion, the Ormond Beach City Commission came to a compromise.
The commissioners agreed to reduce fines associated with code violations filed against properties owned by Fred Hudson, from $22,061.37 to $9,400, citing a desire to avoid punitive actions against a citizen who tried to comply with city code.
All four commissioners and Mayor Ed Kelley agreed, to some degree, that the $22,061.37 was too high, but just how high depended on each commissioner’s concern that Hudson’s request would lead to precedent for citizens to ignore city code and instead ask for forgiveness after the fact.
In all, Hudson, accompanied by his lawyer James Morris, was requesting the city reduce four fines, two associated with residences and two with businesses, after a special magistrate upheld the fines, some of which dated back to 2011.
The disagreement within the commission stemmed from the fines associated with Hudon’s residence, one of which was the result of an above-ground pool, including electrical, plumbing and a wooden deck, and the other from a fence.
Commissioner Bill Partington suggested the residential fines be reduced by 50%, and that the city require Hudson to pay by June 17, or the fines would be returned to the full amount.
However, Kelley, along with commissioners Rick Boehm and James Stowers, felt just a 50% reduction in the fines was punitive because Hudson had gone through the process of appealing the violations, and then brought them up to code.
The reason for the fines, they said, were to bring people into code, not punish them.
The pool was built too close to the Tomoka River and without a permit. The other residential violation had to do with a fence that needed to be moved two feet, and was also built without a permit.
Partington argued that Hudson could have avoided the problem altogether if he had filed permits like the majority of citizens.
“I’m really not comfortable going below 50%,” Partington said. “Fred, you put us in a bad position here because now, when word gets out that people can violate the code, (they’ll say), ‘Don’t worry about it, just come in later and the commission will reduce it 60%, 70%, 80%.’ That’s an awful situation to be in for somebody that has repeat violations going on currently.”
But the commission compromised to $9,400 in total fines, with only the residential fines being reduced, and establishing a June 17 deadline to receive payment.
The commission unanimously agreed the fines against his businesses, The Furniture Deal, at 430 S. Yonge Street, and Hudson Furniture, 445 S. Yonge Street, should be upheld. The code violations associated with his businesses had to do with six separate instances of the same code violation.
The reduced fines will be brought back to the commission to vote on as a resolution.
