Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, September 28, 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. ROLL CALL: Special Magistrate Charles Cino present. Hearing Clerk Dana Johnson present. Enforcement Services Supervisors Mark Gibson and Richard Lovett were present. 4. 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. 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. 6. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate Hearing for August 24, 2016 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of August 24, 2016 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, cases(s) DEL-16-177 is/was in compliance, and case(s) DEL-16-195 and DEL-16-196 are/were continued, and under New Business, case(s) DEL-16-214, DEL-16-215, and DEL-16-219, are/were withdrawn, and DEL-16-223 is continued, and case(s) DEL-16-207, DEL-16-208, DEL-16-212, DEL-16-213 and DEL-16-227 were found to be in non compliance at the time of violation, came into compliance, and dismissed, and under Other and Repeat Business, cases(s) DEL-16-157 Repeat of DEL-15-005 is/was in compliance. City of Deltona Page 1 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 8. SWEARING IN OF OFFICERS AND WITNESSESS: Special Magistrate Charles Cino swore in all that were present to testify. 9. OLD BUSINESS: A. DEL-16-010 Harmony Clinic % H Lester Carrero 1948 Saxon Blvd., Deltona, Florida 32725 Property Address: 1948 Saxon Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-03-37-0090 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 Dennis Mues) Second Amended Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective October 27, 2016 until in compliance or the cap of $50,000.00 (per case) is reached. City of Deltona Page 2 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 B. DEL-16-073 Harmony Clinic % H Lester Carrero 1948 Saxon Blvd., Deltona, Florida 32725 Property Address: 1948 Saxon Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-03-37-0090 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 article or any other provisions of this Code unless such person shall first procure a local business receipt ("receipt") to conduct the same from the City. It shall be no defense of nonpayment of any local business tax required by this article that the licensee did not receive any bill or notice that the same was due from the city. (Officer Dennis Mues) Second Amended Order Imposing Penalty/Lien was issued for $250.00 a day (per case) effective October 27, 2016 until in compliance or the cap of $50,000.00 (per case) is reached. C. 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) Order Imposing Penalty/Lien was issued for $250.00 a day effective September 28, 2016 until in compliance or the cap of $20,000.00 is reached. City of Deltona Page 3 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 D. 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) Order Imposing Penalty/Lien was issued for $100.00 a day effective September 28, 2016 until in compliance or the cap of $10,000.00 is reached. E. DEL-16-177 Silvia & Carlos Hernandez 1410 Ashbourne Way, Deltona, Florida 32725 Property Address: 1410 Ashbourne Way, Deltona, Florida 32725 Parcel No.: 25-18-30-11-00-0850 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 article or any other provisions of this Code unless such person shall first procure a local business receipt ("receipt") to conduct the same from the City. It shall be no defense of nonpayment of any local business tax required by this article that the licensee did not receive any bill or notice that the same was due from the city. (Officer Dave DeKruif) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 4 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 F. 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 to Abate was issued by the Special Magistrate to treat the pool for mosquitoes and mosquito larvae effective September 28, 2016. G. 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 Imposing Penalty/Lien was issued for $100.00 a day effective September 28, 2016 until in compliance or the cap of $10,000.00 is reached. H. 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 Imposing Penalty/Lien was issued for $100.00 a day effective September 28, 2016 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 5 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 I. 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) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. J. 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) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. Lisa Sutton Morales was present. K. 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) Case was continued until the October 26, 2016 Code Hearing. City of Deltona Page 6 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 L. 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) Case was continued until the October 26, 2016 Code Hearing. M. 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 Imposing Penalty/Lien was issued for $100.00 a day effective September 28, 2016 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 7 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 N. 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) Order of Non Compliance with a Hearing to Impose Fine at the October 26, 2016 Code Hearing. O. 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 Imposing Penalty/Lien was issued with one time fine of $500.00 effective September 28, 2016. Tow order was issued by Special Magistrate effective September 28, 2016. City of Deltona Page 8 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 P. 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 Imposing Penalty/Lien was issued with one time fine of $500.00 effective September 28, 2016. Tow order was issued by Special Magistrate effective September 28, 2016. 10. NEW BUSINESS: A. DEL-16-207 Cesar Perez 1480 E. Hancock Dr., Deltona, Florida 32725 Property Address: 1480 E. Hancock Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-30-16-0170 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 Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. City of Deltona Page 9 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 B. DEL-16-208 Cesar Perez 1480 E. Hancock Dr., Deltona, Florida 32725 Property Address: 1480 E. Hancock Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-30-16-0170 Violation: City of Deltona Ordinance, Section 66-18 (e), which states that no vehicles may be parked or stored in the front yard forward of the edge of the principal dwelling except on the approved driveway or driveway extension. (Officer Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. C. DEL-16-209 Doreen M. Daly 2807 Kraft Dr., Deltona, Florida 32738 Property Address: 2807 Kraft Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-63-11-0020 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 Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. City of Deltona Page 10 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 D. DEL-16-210 Joseph Esquibel & Juan A. Esquivel 941 Shorecrest Ave., Deltona, Florida 32725 Property Address: 941 Shorecrest Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-11-42-0030 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 October 26, 2016 Code Hearing. E. DEL-16-211 Alma Delia Jimenez 1549 Findlay St., Deltona, Florida 32725 Property Address: 1549 Findlay St., Deltona, Florida 32725 Parcel No.: 30-18-31-72-05-0070 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 October 26, 2016 Code Hearing. F. DEL-16-212 Alma Delia Jimenez 1549 Findlay St., Deltona, Florida 32725 Property Address: 1549 Findlay St., Deltona, Florida 32725 Parcel No.: 30-18-31-72-05-0070 Violation: City of Deltona Ordinance, Section 66-18 (e), which states that no vehicles may be parked or stored in the front yard forward of the edge of the principal dwelling except on the approved driveway or driveway extension. (Officer Tray Black) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. City of Deltona Page 11 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 G. DEL-16-213 Alma Delia Jimenez 1549 Findlay St., Deltona, Florida 32725 Property Address: 1549 Findlay St., Deltona, Florida 32725 Parcel No.: 30-18-31-72-05-0070 Violation: City of Deltona Ordinance, Section 66-19(3), which states boats/trailers/recreational vehicles shall not be parked or stored either within a public right of way or within that portion of a lot across the full width of the lot between the front lot line and front most part of the principle structure. (Officer Tray Black) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. H. DEL-16-214 Kenneth L. Singer 860 Adler Dr., Deltona, Florida 32738 Property Address: 860 Adler Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-17-25-0210 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) Withdrawn. City of Deltona Page 12 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 I. DEL-16-215 Michael C. Oneill TR Michael C. Oneill Living Trust 1419 Coronet Dr., Deltona, Florida 32725 Property Address: 1419 Coronet Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-07-26-0030 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 Tray Black) Withdrawn. J. DEL-16-216 Michael Sowinski 1718 Haverhill Dr., Deltona, Florida 32725 Property Address: 1718 Haverhill Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-72-19-0080 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 October 26, 2016 Code Hearing. City of Deltona Page 13 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 K. DEL-16-217 Michael Sowinski 1718 Haverhill Dr., Deltona, Florida 32725 Property Address: 1718 Haverhill Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-72-19-0080 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 Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the October 26, 2016 Code Hearing. L. DEL-16-218 Robin Empson 1567 Fort Smith Blvd., Deltona, Florida 32725 Property Address: 1567 Fort Smith Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-16-17-0050 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 October 26, 2016 Code Hearing. City of Deltona Page 14 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 M. DEL-16-219 Christopher G. Obrien 2381 Weatherford Dr., Deltona, Florida 32738 Property Address: 2381 Weatherford Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-41-05-0080 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 Tray Black) Withdrawn. N. DEL-16-220 Mallon B. & Suzanne Locke 2151 Fireside Rd., Deltona, Florida 32738-9558 Property Address: 2151 Fireside Rd., Deltona, Florida 32738 Parcel No.: 30-18-31-58-07-0010 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 Will Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Suzanne Locke was present. City of Deltona Page 15 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 O. DEL-16-221 Mallon B. & Suzanne Locke 2151 Fireside Rd., Deltona, Florida 32738-9558 Property Address: 2151 Fireside Rd., Deltona, Florida 32738 Parcel No.: 30-18-31-58-07-0010 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 Will Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Suzanne Locke was present. P. DEL-16-222 Mallon B. & Suzanne Locke 2151 Fireside Rd., Deltona, Florida 32738-9558 Property Address: 2151 Fireside Rd., Deltona, Florida 32738 Parcel No.: 30-18-31-58-07-0010 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 Will Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Suzanne Locke was present. City of Deltona Page 16 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 Q. DEL-16-223 P J Yates Inc 1046 W. Seagate Dr., Deltona, Florida 32725 Property Address: 899 E. Lehigh Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-11-13-0050 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 Dennis Mues) Case was continued until the October 26, 2016 Code Hearing. R. DEL-16-224 Orvi Ventures LLC 1235 Wheeling Ave., Deltona, Florida 32725-5878 Property Address: 1525 Antilles Terr., Deltona, Florida 32725 Parcel No.: 30-18-31-03-26-0030 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) Order of Non Compliance with a Hearing to Impose Fine at the October 26, 2016 Code Hearing. Luis Ortiz and Sierra Martinez (granddaughter, to translate) were present. City of Deltona Page 17 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 S. DEL-16-227 Larry B. Jordan & Melony Schroeder JTWROS 3300 Sky St., Deltona, Florida 32738-5395 Property Address: 3300 Sky St., Deltona, Florida 32738 Parcel No.: 30-18-31-36-22-0180 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. (Officer Danny Ron) Found to be in Non-Compliance, executed actions to come into Compliance and case was Dismissed. T. DEL-16-228 Ellison C., II & Scarlet Marsil 1400 Hayward Ave., Deltona, Florida 32738-9756 Property Address: 1400 Hayward Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-38-36-0060 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 of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Ellison Marsil was present. City of Deltona Page 18 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 U. DEL-16-229 Ellison C., II & Scarlet Marsil 1400 Hayward Ave., Deltona, Florida 32738-9756 Property Address: 1400 Hayward Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-38-36-0060 Violation: City of Deltona Ordinance, Section 18-5, reference to 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. (Officer Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Ellison Marsil was present. V. DEL-16-230 Ellison C., II & Scarlet Marsil 1400 Hayward Ave., Deltona, Florida 32738-9756 Property Address: 1400 Hayward Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-38-36-0060 Violation: City of Deltona Ordinance, Section 18-5, reference to 605.1 All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (Officer Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Ellison Marsil was present. W. DEL-16-231 Ellison C., II & Scarlet Marsil 1400 Hayward Ave., Deltona, Florida 32738-9756 Property Address: 1400 Hayward Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-38-36-0060 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 Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the November 22, 2016 Code Hearing. Ellison Marsil was present. City of Deltona Page 19 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 11. OTHER AND REPEAT BUSINESS: A. DEL-16-157 Repeat of DEL-15-005 Lazar Ouzounov 360 Wilshire Blvd., Unit 108, Casselberry, Florida 32707 Property Address: 1902 Stanton St., Deltona, Florida 32738 Parcel No.: 30-18-31-13-13-0080 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 Julie Hughes) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. B. 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) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed.Thomas Pajak (complainant) and Ronald & Norma Vidaurre were present. City of Deltona Page 20 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 C. DEL-16-201 Repeat of DEL-12-164, DEL-14-201, & DEL-15-276 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 issued at the August 24, 2016 remains effective September 29, 2016. D. 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 issued at the August 24, 2016 remains effective September 29, 2016. City of Deltona Page 21 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 E. 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 issued at the August 24, 2016 remains effective September 29, 2016. F. 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 issued at the August 24, 2016 remains effective September 29, 2016. G. DEL-16-225 Repeat of DEL-16-033 Wilbur L. Larson & Lezley A. Larson JTRS 1130 E. Normandy Blvd., Deltona, Florida 32725 Property Address: 1130 E. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-05-65-0080 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 Dennis Mues) Order Imposing Penalty/Lien was issued for $100.00 a day effective September 28, 2016 until in compliance or the cap of $20,000.00 is reached. Order to Abate was issued by the Special Magistrate effective October 26, 2016. City of Deltona Page 22 Printed on 10/4/2016 Special Magistrate Minutes September 28, 2016 H. DEL-16-226 Repeat of DEL-13-107 & DEL-14-320 Fariss & Fareed Peter Nsheiwat 2727 Howland Blvd, Deltona, Florida 32738 Property Address: 2727 Howland Blvd, Deltona, Florida 32738 Parcel No.: 30-18-31-53-24-0150 Violation: City of Deltona Ordinance, Section 22-150 (a) Garage sales are permitted provided that no more than two such sales are held at the same residence during any calendar year, and that such sales are limited to a duration of three days. (Officer Dennis Mues) Order Imposing Penalty/Lien was issued for Repeat Violator with one time fine of $250.00 effective September 28, 2016. Fariss Nsheiwat was present. 12. DISCUSSION: 13. ADJOURNMENT: 6:38 p.m. City of Deltona Page 23 Printed on 10/4/2016