Frequently Asked Questions

We’ve compiled some of the most frequently asked questions that City staff receive about code enforcement. If you have additional questions, please contact us at 386-410-2870 between 8 a.m. to 5 p.m., Monday through Friday.

How may I file a complaint?
Complaints may be filed using any of the following methods:

  • In person: Our office is located at 2650 N. Dixie Freeway, New Smyrna Beach.
  • Telephone: Our telephone number is 386-410-2871 or 386-410-2872.  You may leave message for us on this line. 
  • Anyone wishing to speak with a staff person may call 386-410-2800 between 8 a.m. to 5 p.m. Monday through Friday. 
  • You also may leave your complaint information on a recorded line 24 hours a day, seven days a week by calling 386-410-2871.
  • Online: Complaints may be filed online around the clock by using the Online Code Enforcement Form.
Are complainants required to identify themselves?
People filing a complaint do not have to identify themselves. However, if they would like an inspector to contact them regarding the status of the investigation, a contact name and daytime telephone number are necessary.

What are the enforcement procedures?

The City is divided into geographic areas. A code enforcement inspector is assigned to each area and is responsible for violations occurring within their assigned area. Generally, the enforcement of codes is reactive (initiated by a complaint from a community source) and proactive (initiated by the inspector). However, there are a number of violations that are enforced after a complaint is received. These include zoning ordinance violations and nuisance code violations occurring in enclosed rear yards. 

Our goal is to encourage both owners and tenants to voluntarily eliminate any violations that may exist so that New Smyrna Beach remains a city in which we can be proud to live. When a code violation is reported, we open a complaint and work toward resolving the violation through a process of education, inspection and notices. Continued violations are followed by progressive enforcement. 

What is the difference between code enforcement and a homeowner’s association?
The primary function of the City of New Smyrna Beach Code Enforcement Division is to educate the citizens about City codes. The codes apply to each and every property within the City. The purpose is to ensure that all neighborhoods and properties are maintained to a minimum standard.

Homeowner’s associations are private organizations that are paid by designated neighborhoods to oversee maintenance standards, as established by written codes, covenants and restrictions for the properties within specific neighborhoods that were designed to be managed by a homeowner’s association. Homeowner’s associations have the right to enforce and assess fines to members in accordance with the homeowner’s association’s codes, covenants and restrictions. Every property owner within these designated neighborhoods signs documents agreeing to the standards that have been established and will abide by any penalties assessed.

A homeowner’s association may establish maintenance standards that require a higher standard of upkeep than the City codes. Neighborhoods that are within homeowner’s association areas also are required to abide by City code requirements.

Code Enforcement can enforce City code standards within a homeowner’s association area. However, homeowner’s associations only may enforce maintenance standards within their designated neighborhood.

How do I know if I have a violation on my property?
Code Enforcement has many methods of initiating contact. The most common tool is a Violation Notice Warning. This is a hard copy paper that has generic, common violations listed and suggestions on how to resolve the complaint. The individual inspector may add more detailed descriptions of the violation or describe other violations not listed on the form. Inspectors try to make contact with the resident by knocking on the door, ringing the doorbell or by telephone. If there is no answer at the door, a notice or a door hanger may be left at the front door.

A door hanger is another notification tool. This door hanger is used when an investigation is required, and the violation or problem may not be clearly visible to the inspector. The inspector describes the possible problem on the door hanger. Additionally, the inspector’s name and telephone number is listed with a request that you call within a specified amount of time. Because the violation is not clearly visible and a complaint has been filed, the inspector needs some method of letting the resident know that a possible violation may be on the property. Many times, just talking with the resident will resolve the complaint.

What happens if I have a violation?
Once a violation has been observed, it is the intent of Code Enforcement to have the resident / property owner come into voluntary compliance. To accomplish this, the resident normally is given 10 days to take whatever action is requested to correct the problem. The inspector does have the choice of requesting correction in fewer days. An example of a quicker correction period would be a vehicle parking on and blocking the public sidewalk. There may be a request to correct the violation within 24 hours.

On the 11th day, a follow-up inspection is conducted. If the violation still is on the property and there is no one at home at the time of the follow-up, a door hanger may be left at the front door asking the resident to call the inspector.

What if the property is a rental?
Code Enforcement first will try and get voluntarily compliance from the resident of the property. Most rental agreements require the resident to maintain the property. In the event the resident does not voluntarily come into compliance, the code enforcement officer will research public records to locate and contact the registered owner of the property. Contact will be made with the property owner to notify the owner of the violation.

What happens if the property does not come into compliance?
There are times when voluntary compliance is not achieved. When efforts fail to get compliance, the inspector will begin legal action. Legal action can be started by issuing a citation or notice for the property owner to appeal at a scheduled Code Enforcement Board or hearing master meeting.

All legal actions are taken against the registered owner of the property.

My neighbor leaves his trash can at the curb all week. Is this a violation?
Yes, the trash container must not be placed at the curb earlier than 7 p.m. the evening before trash pickup. It must be brought back to the side or rear of the house by 7 p.m. the day of trash pickup. This does not include bulk waste placed at the curb for removal.

Where may I sell my vehicle in New Smyrna Beach?
You may sell your vehicle only on the property that is listed on the vehicle’s registration or at a fully licensed car lot. This is to keep the street corners and parking lots from becoming an eyesore with a multitude of vehicles for sale.

How tall may my grass be before it would be a violation?
Overgrowth of grass, weeds and uncultivated vegetation over a discernible portion of the property in excess of twelve inches is considered a violation.

May I keep a vehicle that is inoperable or unlicensed?
You may have one vehicle that is inoperable or unlicensed inside a fully enclosed structure such as a garage. All other vehicles including trailers and boats must have a valid tag on them and be fully operable to remain on any property in the city.

May my neighbor store piles of junk, boxes and totes outside?
No. Junk, indoor furniture, trash, totes, boxes, car parts, dismantled machinery, etc. may not be stored outside on any residential and/or most commercial properties.

May I park or store a commercial vehicle at my house?
Yes. You may store a commercial vehicle at your residential property if the vehicle is under 11,000 lbs., operable with a valid tag and parked off the set back (usually 20 feet from the right of way) in front of your home. No commercial vehicles may be parked on city streets or the right of way unless there on a professional job. No semi-tractors or trailers may be parked or stored on any residential property.

May my neighbor run a business from their home?
They may obtain a Home Occupation Business Tax Receipt for certain types of businesses being run from a residence. However, this space is to be used as a home office and needs to be transparent to the neighborhood.

May I post signs on utility poles or in the right of way?
No. Signs may not be placed in the right of way, medians or on utility poles. They cause a distraction to drivers. They also are a danger for citizens when placing them in high traffic areas and endanger code officers who must remove them.

May I make repairs to my vehicle on my property?

Yes, you may make minor vehicle repairs such as changing the spark plugs, tires or oil. You cannot do major repairs such as dropping the transmission or engine or removing body parts unless it is done inside a fully enclosed garage or structure.

What should I do about noise coming from a business or neighboring residence?
Code enforcement officers can respond during regular business hours to see if the complaint is a violation. Regular business hours are 8 a.m. to 4 p.m., Monday through Friday. Outside of regular business hours, please call the non-emergency number for the New Smyrna Beach Police Department at 386-424-2000. They will respond to the complaint. This includes barking dogs, roosters, loud machinery, etc.