Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, March 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: 3. ROLL CALL: Special Magistrate Charles Cino present. Hearing Clerk Dana Johnson present. Enforcement Services Supervisor 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 February 22, 2017 were approved by the Special Magistrate, Charles Cino. Meeting Minutes of February 22, 2017 City of Deltona Page 1 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, cases(s) DEL-17-013 is/was withdrawn, and under New Business, case(s) DEL-17-042, DEL-17-043, DEL-17-046, DEL-17-048, DEL-17-050, DEL-17-056, DEL-17-057 and DEL-17-058 are/were withdrawn, and DEL-17-032 is/was continued, and case(s) DEL-17-055 is/was found to be in non compliance at the time of violation, came into compliance, and dismissed, and under Other/Repeat Business case(s) DEL-17-044 Repeat of DEL-16-211 is/was withdrawn. 8. SWEARING IN OF OFFICERS AND WITNESSESS: Special Magistrate Charles Cino swore in all that were present to testify. 9. OLD BUSINESS: 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the April 26, 2017 Code Hearing. City of Deltona Page 2 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. Suzanne Locke was present. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. Suzanne Locke was present. City of Deltona Page 3 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-009 Paul L. & Arleen Swarts 1655 Nantucket St., Deltona, Florida 32725 Property Address: 1655 Nantucket St., Deltona, Florida 32725 Parcel No.: 30-18-31-11-24-0160 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. (Tray Black) Order Imposing Penalty/Lien was issued for $100.00 a day effective April 27, 2017 until in compliance or the cap of $10,000.00 is reached. Schedule this case for the May 24, 2017 Agenda. Arleen & Scott Swarts were present. DEL-17-010 Paul L. & Arleen Swarts 1655 Nantucket St., Deltona, Florida 32725 Property Address: 1655 Nantucket St., Deltona, Florida 32725 Parcel No.: 30-18-31-11-24-0160 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. (Tray Black) Case was continued by the Special Magistrate until the May 24, 2017 Code Hearing. Arleen & Scott Swarts were present. City of Deltona Page 4 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 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) Withdrawn. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. Ray Rodriguez (Structural Engineer) was present representing the owner. City of Deltona Page 5 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 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 Imposing Penalty/Lien was issued for $100.00 a day effective March 22, 2017 until in compliance or the cap of $20,000.00 is reached. 10. NEW BUSINESS: 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 April 26, 2017 Code Hearing. City of Deltona Page 6 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-042 Theresa L. Morse 801 Goldcoast Dr., Deltona, Florida 32725 Property Address: 801 Goldcoast Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-11-39-0270 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) Withdrawn. DEL-17-043 Michele J. Kelley-Williams 1799 S. Village Dr., Deltona, Florida 32725 Property Address: 1799 S. Village Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-11-14-0560 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. (Tray Black) Withdrawn. City of Deltona Page 7 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-045 Robert A., II & Jessica L. Yingst 1589 Lavilla St., Deltona, Florida 32725 Property Address: 1589 Lavilla St., Deltona, Florida 32725 Parcel No.: 30-18-31-14-09-0180 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) Order of Non Compliance with a Hearing to Impose Fine at the April 26, 2017 Code Hearing. Jessica Yingst was present. DEL-17-046 NV Acquisition Management LLC 2295 S. Hiawassee Rd. Ste. 201, Orlando, Florida 32835 Property Address: 825 Pine Bluff Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-11-34-0050 Violation: City of Deltona Ordinance, Section 98-27. Removal of Trees – it shall be unlawful for any person to cut, move, remove or destroy through damaging or to authorize the same, of any tree, as defined therein, without obtaining a tree removal development permit (tree permit) in accordance with the provisions of this article. (Tray Black) Withdrawn. City of Deltona Page 8 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-047 Charlotte P. Miller 1033 Lucerne Way, Apopka, Florida 32703-5766 Property Address: 1592 E. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-11-23-0080 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. (Julie Hughes) Order Imposing Penalty/Lien was issued for $50.00 a day effective March 22, 2017 until in compliance or the cap of $10,000.00 is reached. DEL-17-048 Thomas M. Evans 1105 Superior Ct., Winter Springs, Florida 32708 Property Address: 554 Fort Smith Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-41-29-0100 Violation: City of Deltona Ordinance, Section 37-10. - Public nuisance. Violation: 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. (Julie Hughes) Withdrawn. City of Deltona Page 9 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-049 Joe Miller 1001 Angora St., Deltona, Florida 32725 Property Address: 1001 Angora St., Deltona, Florida 32725 Parcel No.: 30-18-31-05-62-0240 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. (Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. DEL-17-050 Allen Pan 2204 E. Cypress St., Covina, CA 91724 Property Address: 3328 Merchant Terr., Deltona, Florida 32738 Parcel No.: 30-18-31-36-26-0150 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. (Danny Ron) Withdrawn. City of Deltona Page 10 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-051 Ronald L. & Katherine M. Acker 2923 Clovis Dr., Deltona, Florida 32738-8981 Property Address: 2923 Clovis Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-41-41-0050 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the April 26, 2017 Code Hearing. DEL-17-052 Zakayla Foreman 725 Maltby Dr., Deltona, Florida 32738 Property Address: 725 Maltby Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-41-53-0140 Violation: City of Deltona Ordinance, Section 14-121(a) It is unlawful for a person to permit animals to become a public nuisance. An animal shall be declared a public nuisance animal if such animal: (2) Repeatedly damages the property of anyone other than its owner. (Danny Ron) Special Magistrate issued an Order Declaring Dog a Public Nuisance. Peter and Carol Gansz (complainants) were present. City of Deltona Page 11 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-054 Garland P. & Charleen Dennis 277 Santoro Ct., Deltona, Florida 32725 Property Address: 277 Santoro Ct., Deltona, Florida 32725 Parcel No.: 30-18-31-27-06-0030 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 Imposing Penalty/Lien was issued for $100.00 a day effective April 27, 2017 until in compliance or the cap of $10,000.00 is reached. DEL-17-055 Honorio & Nilda Hernandez 930 Radcliff St., Deltona, Florida 32725 Property Address: 930 Radcliff St., Deltona, Florida 32725 Parcel No.: 30-18-31-30-17-0090 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 12 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 DEL-17-056 NV Acquisition Management LLC 2295 S. Hiawassee Rd. Ste. 201, Orlando, Florida 32835 Property Address: 2007 Alameda Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-16-24-0150 Violation: City of Deltona Ordinance, Section 98-27. Removal of Trees – it shall be unlawful for any person to cut, move, remove or destroy through damaging or to authorize the same, of any tree, as defined therein, without obtaining a tree removal development permit (tree permit) in accordance with the provisions of this article. (Tray Black) Withdrawn. DEL-17-057 Richard Colon & Lizzette Acevedo H&W 2266 Matthew Cir., Deltona, Florida 32738 Property Address: 2266 Matthew Cir., Deltona, Florida 32738 Parcel No.: 30-18-31-48-01-0150 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. (Tray Black) Withdrawn. DEL-17-058 Richard Colon & Lizzette Acevedo H&W 2266 Matthew Cir., Deltona, Florida 32738 Property Address: 2266 Matthew Cir., Deltona, Florida 32738 Parcel No.: 30-18-31-48-01-0150 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) Withdrawn. 11. OTHER AND REPEAT BUSINESS: City of Deltona Page 13 Printed on 3/27/2017 Special Magistrate Minutes March 22, 2017 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the April 26, 2017 Code Hearing. Fred Jones was present. DEL-17-044 Repeat of 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. (Tray Black) Withdrawn. 12. DISCUSSION: 6:14 p.m. 13. ADJOURNMENT: City of Deltona Page 14 Printed on 3/27/2017