Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, February 22, 2017 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: 6. ROLL CALL: Special Magistrate Charles Cino present. Hearing Clerk Dana Johnson present. Enforcement Services Supervisor Richard Lovett were present. 5. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate Hearing for January 25, 2017 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of January 25, 2017 3. 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. 8. SWEARING IN OF OFFICERS AND WITNESSESS: Special Magistrate Charles Cino swore in all that were present to testify. 4. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. City of Deltona Page 1 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, cases(s) DEL-16-232, DEL-16-237, DEL-17-016, and DEL-17-017 are/were in compliance, and case(s) DEL-17-014 is/was continued, and under New Business, case(s) DEL-17-033, and DEL-17-040, are/were withdrawn, and DEL-17-032, and DEL-17-037 are/were continued, and case(s) DEL-17-028, DEL-17-029, and DEL-17-041 is/was found to be in non compliance at the time of violation, came into compliance, and dismissed, and under Other/Repeat Business case(s) DEL-17-011 Repeat of DEL-16-082 is/was in compliance, and case(s) DEL-17-034 Repeat of DEL-15-093, DEL-16-178, and DEL-16-259 are/were found to be in non compliance at the time of violation, came into compliance and dismissed. 9. OLD BUSINESS: A. DEL-16-232 Tanya Russell 313 Fisher Dr., Deltona, Florida 32725 Property Address: 313 Fisher Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-12-17-0060 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 Heather Murray) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 2 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 B. DEL-16-237 Tanya Russell 313 Fisher Dr., Deltona, Florida 32725 Property Address: 313 Fisher Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-12-17-0060 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. C. DEL-17-014 Jason L. & Nicole D. Blanford 1370 Comerwood Dr., Deltona, Florida 32738 Property Address: 1370 Comerwood Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-38-10-0040 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. (Thomas Ruddy) Case was continued until the March 22, 2017 Code Hearing. City of Deltona Page 3 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 D. DEL-17-015 Carlos A. & Elsa M. Vargas 1777 Santee Ave., Deltona, Florida 32738-4141 Property Address: 1777 Santee Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-43-25-0210 Violation: City of Deltona Ordinance, Section 14-90(a). It shall be unlawful to keep or harbor any animal which makes prolonged and disturbing noises which interfere with the peace and quietude of the neighboring property when such noises continue for periods longer than 15 minutes. Such animal shall be declared a nuisance as defined in section 14-2(6) and a violation of this chapter. The animal control officer, sheriff or code enforcement officer shall have the authority to use all reasonable means to abate such nuisance, including but not limited to requiring that the owner make bonafide efforts to quite the animal or impoundment of the animal where the owner is absent from the premises. Upon impoundment of an animal for violation of this section, the animal control officer, sheriff or code enforcement officer shall attempt to locate and notify the absent owner by any reasonable means as readily as possible. No summons and complaint shall be issued nor shall there be a conviction for violation of this section unless there are at least two or more complaining witnesses from separate households who shall have signed such complaint and shall have testified at trial. An animal control officer, sheriff or code enforcement officer who has personally investigated the complaint of a single complainant and observed problem behavior of the animal with regard to prolonged and disturbing noises satisfy the requirement for the second complaining witness and may give testimony to such observations at trial. (Will Fernandez) Case Dismissed by Special Magistrate. City of Deltona Page 4 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 E. DEL-17-016 Michele R. Amidon 2964 Windsor Heights St., Deltona, Florida 32738-2605 Property Address: 2964 Windsor Heights St., Deltona, Florida 32738 Parcel No.: 30-18-31-32-55-0040 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. (Will Fernandez) Affidavit of Withdrawal submitted by the officer and an Order of Compliance was signed by the Special Magistrate. F. DEL-17-017 Michele R. Amidon 2964 Windsor Heights St., Deltona, Florida 32738-2605 Property Address: 2964 Windsor Heights St., Deltona, Florida 32738 Parcel No.: 30-18-31-32-55-0040 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. (Will Fernandez) Affidavit of Withdrawal submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 5 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 G. DEL-17-019 Guillermo & Gladys Alicea 3084 Blaine Cir., Deltona, Florida 32738 Property Address: 2333 Kerridale St., Deltona, Florida 32738 Parcel No.: 30-18-31-41-15-0060 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. (Tray Black) First Amended Order of Non Compliance with a Hearing to Impose Fine at the March 22, 2017 Code Hearing. H. DEL-17-021 Jason Scott Standridge 1621 Houston Dr., Deltona, Florida 32738 Property Address: 1621 Houston Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-16-20-0070 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. (Tray Black) Order Imposing Penalty/Lien was issued for $50.00 day effective February 22, 2017 until in compliance or the cap of $10,000.00 is reached. 10. NEW BUSINESS: City of Deltona Page 6 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 A. DEL-17-013 George E. Dewitt & Nancy Myers 1 Wilton Ct., Halfmoon, NY 12065 Property Address: 941 Wilmington Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-05-75-0190 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. (Jeffery Scott) Case was continued until the March 22, 2017 Code Hearing. George Dewitt was present. B. DEL-17-028 Nates Toys LLC 225 Tullis Ave., Longwood, Florida 32750 Property Address: 810 Amidon St., Deltona, Florida 32725 Parcel No.: 30-18-31-20-10-0150 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. (Jeffery Scott) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. City of Deltona Page 7 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 C. DEL-17-029 Robert Dylan Stamm 1192 Abagail Dr., Deltona, Florida 32725 Property Address: 1192 Abagail Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-05-64-0160 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. (Jeffery Scott) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. D. DEL-17-030 Antonio Jimenez 1167 Deltona Blvd., Deltona, Florida 32725 Property Address: 1167 Deltona Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-06-23-0170 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. (Jeffery Scott) Order of Non Compliance with a Hearing to Impose Fine at the April 26, 2017 Code Hearing. Antonio Jimenez was present. City of Deltona Page 8 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 E. DEL-17-031 Stacey Mann & Janet Mann 2902 Greynolds Street, Deltona, Florida 32738-3113 Property Address: 2902 Greynolds Street, Deltona, Florida 32738 Parcel No.: 30-18-31-74-29-0070 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. (Steve Braukhoff) Tow Order was issued by Special Magistrate effective February 22, 2017. F. DEL-17-032 OTS Investments LLC 7769 Snowberry Cir., Orlando, Florida 32819-7179 Property Address: 1247 Fountainhead Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-10-19-0110 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code Section 303.13.2 Openable windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. (Heather Murray) Case was continued until the March 22, 2017 Code Hearing. City of Deltona Page 9 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 G. DEL-17-033 OTS Investments LLC 7769 Snowberry Cir., Orlando, Florida 32819-7179 Property Address: 1247 Fountainhead Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-10-19-0110 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code Section 605.1 Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (Heather Murray) Withdrawn. H. DEL-17-035 Libia Granada 1096 Tivoli Dr., Deltona, Florida 32725 Property Address: 1096 Tivoli Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-07-44-0130 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. (Dennis Mues) Order of Non Compliance with a Hearing to Impose Fine at the March 22, 2017 Code Hearing. City of Deltona Page 10 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 I. DEL-17-036 Jenny Vila 670 Sullivan St., Deltona, Florida 32725 Property Address: 670 Sullivan St., Deltona, Florida 32725 Parcel No.: 30-18-31-04-27-0240 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. (Dennis Mues) Order of Non Compliance with a Hearing to Impose Fine at the April 26, 2017 Code Hearing. Jenny Vila was present and Ray Rodriguez was present to translate. J. DEL-17-037 Mary L. Ames 778 Knollview Blvd., Ormond Beach, Florida 32174 Property Address: 2014 Laredo Dr., Deltona, Florida 32738 Parcel No.: 13-18-31-02-02-0040 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. (Steve Braukhoff) Case was continued until the April 26, 2017 Code Hearing. City of Deltona Page 11 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 K. DEL-17-038 Gloria Rochester 205-25 115th Rd., St. Albans, NY 11412 Property Address: 2872 Kraft Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-63-12-0060 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the March 22, 2017 Code Hearing. L. DEL-17-040 Clayton L. & Jean A. Cochran 209 Citation Ave., Deltona, Florida 32738-9175 Property Address: 209 Citation Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-63-09-0060 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. (Danny Ron) Withdrawn. City of Deltona Page 12 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 M. DEL-17-041 Vista Hermosa Enterprises LLC Attn Parker Cortlandt PO Box 390212, Deltona, Florida 32738 Property Address: 2652 Kimberly Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-74-01-0080 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. (Steve Braukhoff) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. 11. OTHER AND REPEAT BUSINESS: A. DEL-17-011 Repeat of DEL-16-082 Denise Donnelly 2207 Lightfoot St., Deltona, Florida 32738 Property Address: 2207 Lightfoot St., Deltona, Florida 32738 Parcel No.: 30-18-31-17-24-0050 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. (Tray Black) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 13 Printed on 3/8/2017 Special Magistrate Minutes February 22, 2017 B. DEL-17-020 Repeat of DEL-15-159 Fred Jones 2570 Coachman Dr., Deltona, Florida 32738 Property Address: 2570 Coachman Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-54-06-0210 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. (Steve Braukhoff) First Amended Order of Non Compliance with a Hearing to Impose Fine at the March 22, 2017 Code Hearing. Fred Jones was present. C. DEL-17-034 Repeat of DEL-15-093, DEL-16-178 & DEL-16-259 Patricia L. Beckham 975 N. Village 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. (Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. 12. DISCUSSION: 6:01 p.m. 13. ADJOURNMENT: City of Deltona Page 14 Printed on 3/8/2017