Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, August 24, 2016 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Special Magistrate Cino. 2. PLEDGE TO THE FLAG: 3. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. 4. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate Hearing for July 27, 2016 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of July 27, 2016 5. SPECIAL MAGISTRATE STATEMENT: Presented by Charles Cino. Mr. Cino has taken Judicial Notice of all City of Deltona Ordinances, State Statutes, Florida Building and Fire Code and the International Property Maintenance Code. 6. ROLL CALL: Special Magistrate Charles Cino present. Hearing Clerk Dana Johnson present. Enforcement Services Supervisors Mark Gibson and Richard Lovett were present. 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, cases(s) DEL-16-134 is/was dismissed, and under New Business, case(s) DEL-16-190, DEL-16-193, DEL-16-194 and DEL-16-200 are/were withdrawn, and DEL-16-199 is/was continued. 8. SWEARING IN OF OFFICERS AND WITNESSESS: Special Magistrate Charles Cino swore in all that were present to testify. City of Deltona Page 1 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 9. OLD BUSINESS: A. DEL-16-024 Todd S. Scribner 2454 Ventura Ct., Deltona, Florida 32738 Property Address: 2454 Ventura Ct., Deltona, Florida 32738 Parcel No.: 30-18-31-35-16-0060 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Steve Braukhoff) First Amended Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Todd Scribner was present. B. DEL-16-133 Douglas Kirk & Lisa Ford 1000 AAA Drive, Lake Mary, Florida 32746 Property Address: 1141 Wilmington Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-05-65-0420 Violation: City of Deltona Ordinance, Section 37-8. - Security requirements (b) A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child or adult to access the interior of the property or structure. Broken windows, doors, gates and other openings of such size that may allow a child or adult to access the interior of the property or structure must be repaired. Broken windows shall be secured by re-glazing of the windows, and broken or damaged doors shall be secured by newly installed doors. Boarding of windows and/or doors shall not be permitted except as temporary emergency security measures. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $50.00 a day effective August 24, 2016 until in compliance or the cap of $20,000.00 is reached. City of Deltona Page 2 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 C. DEL-16-134 Lucian D. Smith, Jr PO Box 5130, Deltona, Florida 32728-5130 Property Address: 2857 Bluestone Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-63-28-0040 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states that the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. (Officer Thomas Ruddy) Affidavit of Withdrawal submitted by the officer and an Order of Dismissal was signed by the Special Magistrate. D. DEL-16-142 Alberto L. Caquias 3117 Maltby Dr., Deltona, Florida 32738 Property Address: 3117 Maltby Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-42-01-0010 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Thomas Ruddy) First Amended Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Albert L. Caquias was present. City of Deltona Page 3 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 E. DEL-16-150 Edna E. Hernandez & Jamie Hollyday & Ricardo Davila 1565 Shirley St., Orange City, Florida 32763 Property Address: 554 Providence Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-12-06-0180 Violation: City of Deltona Ordinance, Section 37-10 - Public nuisance. All blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. (Officer Dennis Mues) Order Imposing Penalty/Lien was issued for $50.00 a day (each case) effective August 24, 2016 until in compliance or the cap of $20,000.00 (each case) is reached. F. DEL-16-151 Edna E. Hernandez & Jamie Hollyday & Ricardo Davila 1565 Shirley St., Orange City, Florida 32763 Property Address: 554 Providence Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-12-06-0180 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, sheds, fences and walls, shall be maintained and kept in good repair and sound structural condition. (Officer Dennis Mues) Order Imposing Penalty/Lien was issued for $50.00 a day (each case) effective August 24, 2016 until in compliance or the cap of $20,000.00 (each case) is reached. City of Deltona Page 4 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 G. DEL-16-153 Lactilia Ioda Davis 2011 Keyes Ln., Deltona, Florida 32738 Property Address: 2011 Keyes Ln., Deltona, Florida 32738 Parcel No.: 30-18-31-74-47-0090 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. (Officer Danny Ron) Order Imposing Penalty/Lien was issued for $50.00 a day effective August 24, 2016 until in compliance or the cap of $20,000.00 is reached. H. DEL-16-156 Earleene E. Woesner 1198 E. Hancock Dr., Deltona, Florida 32725-6486 Property Address: 1198 E. Hancock Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-02-19-0160 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $50.00 a day effective August 24, 2016 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 5 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 I. DEL-16-159 James G. Gower, Sr. & Raymond E. De Veau 1424 Franconia Ave., Deltona, Florida 32738-5183 Property Address: 1424 Franconia Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-40-10-0140 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. (Officer Danny Ron) Order Imposing Penalty/Lien was issued for $25.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $10,000.00 (per case) is reached. J. DEL-16-160 James G. Gower, Sr. & Raymond E. De Veau 1424 Franconia Ave., Deltona, Florida 32738-5183 Property Address: 1424 Franconia Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-40-10-0140 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states that the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. (Officer Danny Ron) Order Imposing Penalty/Lien was issued for $25.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $10,000.00 (per case) is reached. City of Deltona Page 6 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 K. DEL-16-161 James G. Gower, Sr. & Raymond E. De Veau 1424 Franconia Ave., Deltona, Florida 32738-5183 Property Address: 1424 Franconia Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-40-10-0140 Violation: City of Deltona Ordinance, Section 18-5, reference to 304.6, adopting the latest edition of the International Property Maintenance Code, which states that exterior walls shall be free from holes, breaks, loose or rotting surfaces and the surface properly coated where required to prevent deterioration. (Officer Danny Ron) Order Imposing Penalty/Lien was issued for $25.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $10,000.00 (per case) is reached. L. DEL-16-162 James G. Gower, Sr. & Raymond E. De Veau 1424 Franconia Ave., Deltona, Florida 32738-5183 Property Address: 1424 Franconia Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-40-10-0140 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. (Officer Danny Ron) Order Imposing Penalty/Lien was issued for $25.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $10,000.00 (per case) is reached. M. DEL-16-163 James G. Gower, Sr. & Raymond E. De Veau 1424 Franconia Ave., Deltona, Florida 32738-5183 Property Address: 1424 Franconia Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-40-10-0140 Violation: City of Deltona Ordinance, Section 38-110 (2), which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. (Officer Danny Ron) Order Imposing Penalty/Lien was issued for $25.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $10,000.00 (per case) is reached. City of Deltona Page 7 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 N. DEL-16-165 Jenny Thi Cao 829 Westline Ave., Deltona, Florida 32725 Property Address: 829 Westline Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-66-17-0060 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1, which states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $50.00 a day effective September 29, 2016 until in compliance or the cap of $10,000.00 is reached. O. DEL-16-166 Artemio Ramirez 990 Windbrook Dr., Deltona, Florida 32725 Property Address: 990 Windbrook Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-12-01-0110 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Heather Murray) First Amended Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. Artemio Ramirez was present. City of Deltona Page 8 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 P. DEL-16-167 Pedro Malagon 989 Windbrook Dr., Deltona, Florida 32725 Property Address: 989 Windbrook Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-12-06-0240 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Heather Murray) First Amended Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. Artemio Ramirez was present on this case as well. Q. DEL-16-173 Thomas W. Hirtreiter 2064 Monterey Dr., Deltona, Florida 32738-7755 Property Address: 2064 Monterey Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-17-17-0130 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (Officer Tray Black) Order Imposing Penalty/Lien was issued for $50.00 a day effective August 24, 2016 until in compliance or the cap of $20,000.00 is reached. City of Deltona Page 9 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 R. DEL-16-175 Jose L. Alarcon 1482 Royal Cir., Apopka, Florida 32703 Property Address: 2258 N. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-04-24-0210 Violation: City of Deltona Ordinance, Section 66-18(a), which states that no vehicle greater than 10,000 pounds manufacturer’s gross vehicle weight or designed to carry 16 or more passengers, or requiring a commercial driver’s license (CDL) of any endorsement to operate shall be parked or stored in any residential or agricultural zoning district except in agricultural areas on lots of five acres or more. (Officer Dennis Mues) Tow Order was issued by Special Magistrate effective August 24, 2016. S. DEL-16-176 Elizabeth Mazzella 630 Tradewinds Dr., Deltona, Florida 32738 Property Address: 1854 N. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-03-41-0190 Violation: City of Deltona Ordinance, Section 66-18(a), which states that no vehicle greater than 10,000 pounds manufacturer’s gross vehicle weight or designed to carry 16 or more passengers, or requiring a commercial driver’s license (CDL) of any endorsement to operate shall be parked or stored in any residential or agricultural zoning district except in agricultural areas on lots of five acres or more. (Officer Dennis Mues) Tow Order was issued by Special Magistrate effective August 24, 2016. 10. NEW BUSINESS: City of Deltona Page 10 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 A. DEL-16-179 Damaris Rodriguez 2242 Villa Verrano Way, Kissimmee, Florida 34744 Property Address: 1624 Bloomfield Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-72-04-0040 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1, which states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair. (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. B. DEL-16-180 Damaris Rodriguez 2242 Villa Verrano Way, Kissimmee, Florida 34744 Property Address: 1624 Bloomfield Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-72-04-0040 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. C. DEL-16-181 Damaris Rodriguez 2242 Villa Verrano Way, Kissimmee, Florida 34744 Property Address: 1624 Bloomfield Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-72-04-0040 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. City of Deltona Page 11 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 D. DEL-16-182 Federal Natl. Mortgage Assoc. 14221 Dallas Pkwy. Ste. 1000, Dallas, TX 75254 Property Address: 1700 Dublin Rd., Deltona, Florida 32738 Parcel No.: 30-18-31-45-36-0060 Violation: City of Deltona Ordinance, Section 37-6 (a )Any mortgagee as to any distressed real property located within the City of Deltona shall, within ten days of the property becoming distressed, as defined herein, perform an exterior inspection of the distressed real property. The mortgagee shall also, no later than ten days after the exterior inspection, or ten days after filing any foreclosure documents in circuit court, whichever comes first, register the property with city code enforcement, or its designee, in the manner designated by resolution by the city, and indicate whether the property has evidence of vacancy or is blighted, all as provided herein. (Officer Tray Black) Withdrawn. E. DEL-16-185 William Gary Pell 130 Buckeye Acres, Osteen, Florida 32764 Property Address: 130 Buckeye Acres, Deltona, Florida 32764 Parcel No.: 11-19-31-01-00-0302 Violation: City of Deltona Ordinance, Section 14-121(a) It shall be unlawful for the owner or custodian of any dog, cat or other animal to fail to keep the dog, cat or other animal from running at large within the city. (Officer Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. James & Elsie Fly (complainants) were present and gave testimony. City of Deltona Page 12 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 F. DEL-16-186 Lisa Sutton Morales 140 Buckeye Acres, Osteen, Florida 32764 Property Address: 140 Buckeye Acres, Deltona, Florida 32764 Parcel No.: 11-19-31-01-00-0303 Violation: City of Deltona Ordinance, Section 14-121(a) It shall be unlawful for the owner or custodian of any dog, cat or other animal to fail to keep the dog, cat or other animal from running at large within the city. (Officer Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. James & Elsie Fly (complainants) were present and gave testimony. G. DEL-16-187 Tonya White 1086 Lamplighter Ave., Deltona, Florida 32725-6955 Property Address: 1086 Lamplighter Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-11-56-0120 Violation: City of Deltona Ordinance, Section 18-5, reference to 108.1.1, adopting the latest edition of the International Property Maintenance Code, which states that an unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or occupants of the structure by not providing minimum safegaurds to protect or warn occupants in the event of fire, or because such structure containes unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. City of Deltona Page 13 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 H. DEL-16-188 Tonya White 1086 Lamplighter Ave., Deltona, Florida 32725-6955 Property Address: 1086 Lamplighter Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-11-56-0120 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code Section 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. I. DEL-16-189 Tonya White 1086 Lamplighter Ave., Deltona, Florida 32725-6955 Property Address: 1086 Lamplighter Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-11-56-0120 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1, which states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective August 24, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. City of Deltona Page 14 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 J. DEL-16-190 2014-3 IH Borrower LP 1717 Main Street Suite 2000, Dallas, TX 75201 Property Address: 1638 Roble Ln., Deltona, Florida 32738 Parcel No.: 30-18-31-43-72-0190 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. (Officer Danny Ron) Withdrawn. K. DEL-16-193 Shawn Harris TR 2699 Lee Rd. Ste. 120, Winter Park Florida 32789 Property Address: 2300 Carson Ln., Deltona, Florida 32738 Parcel No.: 30-18-31-45-15-0020 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Tray Black) Withdrawn. City of Deltona Page 15 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 L. DEL-16-194 Shawn Harris TR 2699 Lee Rd. Ste. 120, Winter Park Florida 32789 Property Address: 2300 Carson Ln., Deltona, Florida 32738 Parcel No.: 30-18-31-45-15-0020 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (Officer Tray Black) Withdrawn. M. DEL-16-195 RB of Deltona Inc 1700 Doyle Rd., Deltona, Florida 32725 Property Address: 1700 Doyle Rd., Deltona, Florida 32725 Parcel No.: 30-18-31-23-08-0060 Violation: City of Deltona Ordinance, Section 38-110 (1), which states that weeds, where the greater portion of weeds on the lot exceeds 12 inches in height, are declared to be a nuisance and must be abated in their entirety. (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. N. DEL-16-196 RB of Deltona Inc 1700 Doyle Rd., Deltona, Florida 32725 Property Address: 1700 Doyle Rd., Deltona, Florida 32725 Parcel No.: 30-18-31-23-08-0060 Violation: City of Deltona Ordinance, Section 38-110 (2), which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. City of Deltona Page 16 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 O. DEL-16-197 Agamasu-Bagdacs LLC 1355 S. International Pkwy #1491, Lake Mary, Florida 32746 Property Address: 756 Elkcam Blvd. C, Deltona, Florida 32725 Parcel No.: 18-18-31-02-01-0080 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Dave DeKruif) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. Jacob Agamasu was present. P. DEL-16-198 Cynthia L. Schadle 737 N. Firwood Dr., Deltona, Florida 32725 Property Address: 737 N. Firwood Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-04-40-0460 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. (Officer Dave DeKruif) Order of Non Compliance with a Hearing to Impose Fine at the October 26, 2016 Code Hearing. Cynthia Schadle was present. City of Deltona Page 17 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 Q. DEL-16-199 Charles A., Jr. & Banty L. Gracey 2435 Walkertown Ave., Deltona, Florida 32725 Property Address: 2435 Walkertown Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-71-28-0080 Violation: City of Deltona Ordinance, Section 37-10. - Public nuisance. All blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. (Officer Dennis Mues) Case was continued until the September 28, 2016 Code Hearing. R. DEL-16-200 Nine23 Management LLC % Monica E. Cassimere 2791 Irondale St., Deltona, Florida 32738 Property Address: 1342 Howland Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-38-11-0300 Violation: City of Deltona Ordinance, Chapter 22, Section 22-4 Which states no person shall engage in, manage, transact, or carry on any business, occupation or profession within the City for which there is a local business tax required by this ordinance or any other provisions of this Code uncles such person shall first procure a local business receipt(“receipt”) to conduct the same from the City. (Officer Dennis Mues) Withdrawn. City of Deltona Page 18 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 S. DEL-16-204 Brian K. Bromagen 1195 Acorn Ct., Deltona, Florida 32725 Property Address: 1197 Acorn Ct., Deltona, Florida 32725 Parcel No.: 30-18-31-02-20-0270 Violation: City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, unless parked in a fully enclosed garage. (Officer Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. Brian Bromagen was present and agreed to allow the code officer access to property prior to the next hearing. T. DEL-16-206 Brian K. Bromagen 1195 Acorn Ct., Deltona, Florida 32725 Property Address: 1203 Stillwater Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-02-20-0280 Violation: City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, unless parked in a fully enclosed garage. (Officer Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the September 28, 2016 Code Hearing. Brian Bromagen was present and agreed to allow the code officer access to property prior to the next hearing. 11. OTHER AND REPEAT BUSINESS: City of Deltona Page 19 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 A. DEL-16-178 Repeat of DEL-15-093 Patricia L. Beckham 1102 Abagail Dr., Deltona, Florida 32725 Property Address: 1102 Abagail Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-05-64-0010 Violation: City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, unless parked in a fully enclosed garage. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for Repeat Violator with one time fine of $1000.00 effective August 24, 2016. B. DEL-16-184 Repeat of DEL-16-035 Lisa Cobb & Steven Clark 837 Adler Dr., Deltona, Florida 32738 Property Address: 837 Adler Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-19-02-0140 Violation: City of Deltona Ordinance, Section 38-110 (2), which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. (Officer Tray Black) Order Imposing Penalty/Lien was issued for Repeat Violator with one time fine of $250.00 effective August 24, 2016. Lisa Cobb was present. City of Deltona Page 20 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 D. DEL-16-201 Repeat of DEL-12-164, DEL-14-201, & DEL15-276 Brian K. Bromagen 1195 Acorn Ct., Deltona, Florida 32725 Property Address: 1197 Acorn Ct., Deltona, Florida 32725 Parcel No.: 30-18-31-02-20-0270 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective September 29, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. Brian Bromagen was present. E. DEL-16-202 Repeat of DEL-12-119, & DEL-15-114 Brian K. Bromagen 1195 Acorn Ct., Deltona, Florida 32725 Property Address: 1197 Acorn Ct., Deltona, Florida 32725 Parcel No.: 30-18-31-02-20-0270 Violation: City of Deltona Ordinance, Section 38-114, which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home and storage of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective September 29, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. Brian Bromagen was present. City of Deltona Page 21 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 F. DEL-16-203 Repeat of DEL-15-113 Brian K. Bromagen 1195 Acorn Ct., Deltona, Florida 32725 Property Address: 1197 Acorn Ct., Deltona, Florida 32725 Parcel No.: 30-18-31-02-20-0270 Violation: City of Deltona Ordinance, Section 66-18(h), "Restrictions on trucks and other vehicles" which states that a maximum of (2) vehicles may be parked in the side or rear yard. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective September 29, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. Brian Bromagen was present. This case to be scheduled for September 28, 2016 Code Hearing. G. DEL-16-205 Repeat of DEL-15-113 Brian K. Bromagen 1195 Acorn Ct., Deltona, Florida 32725 Property Address: 1203 Stillwater Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-02-20-0280 Violation: City of Deltona Ordinance, Section 66-18(h), "Restrictions on trucks and other vehicles" which states that a maximum of (2) vehicles may be parked in the side or rear yard. (Officer Heather Murray) Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective September 29, 2016 until in compliance or the cap of $25,000.00 (per case) is reached. Brian Bromagen was present. This case to be scheduled for September 28, 2016 Code Hearing. City of Deltona Page 22 Printed on 8/29/2016 Special Magistrate Minutes August 24, 2016 C. DEL-16-192 Repeat of DEL-16-102 Ronald & Norma Vidaurre H&W 879 E. Fairbairn Dr., Deltona, Florida 32725 Property Address: 879 E. Fairbairn Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-22-23-0120 Violation: City of Deltona Ordinance, Section 38-73. - Loud, disturbing or unnecessary noises: (c) Thus, the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article; but this enumeration shall not be deemed to be exclusive: (5) The using, operating or permitting to be played, used or operated of any radio, television, tape or record player, amplifier, musical instrument or other machine or device used for the production, reproduction or emission of sound. (Officer Heather Murray) Case was continued until the September 28, 2016 Code Hearing. Thomas Pajak (complainant) and Maria Sleiman were present and gave testimony. 12. DISCUSSION: 13. ADJOURNMENT: 6:51 p.m. City of Deltona Page 23 Printed on 8/29/2016