Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, April 26, 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. ROLL CALL: Special Magistrate Charles Cino present. Hearing Clerk Dana Johnson present. Enforcement Services Supervisor Richard Lovett were present. 3. PLEDGE TO THE FLAG: 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 March 22, 2017 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of March 22, 2017 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under New Business, case(s) DEL-17-064 and DEL-17-071 are/were withdrawn, and DEL-17-060 is/was continued, and case(s) DEL-17-073, DEL-17-076, DEL-17-077 and DEL-17-078 are/were found to be in non compliance at the time of violation, came into compliance, and dismissed. City of Deltona Page 1 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 8. SWEARING IN OF OFFICERS AND WITNESSESS: Special Magistrate Charles Cino swore in all that were present to testify. 9. OLD BUSINESS: A. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. Antonio Jimenez was present. B. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the June 28, 2017 Code Hearing. Karla Acker (daughter) was present. City of Deltona Page 2 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 C. 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 14-2 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) Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. Zakayla Foreman and Peter & Carol Gansz (complainants) were present. Ordinance amended to Section 14-2 in open court. 10. NEW BUSINESS: A. DEL-17-059 Margaret B Gumbs 1495 Elkcam Blvd., Deltona, Florida 32725-3733 Property Address: 1495 Elkcam Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-09-32-0110 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 of Non Compliance with a Hearing to Impose Fine at the June 28, 2017 Code Hearing. Cherise Gumbs (daughter) was present. City of Deltona Page 3 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 B. DEL-17-060 Mariah L. & Kristopher F. Azevedo 3227 Roland Dr., Deltona, Florida 32738 Property Address: 3227 Roland Dr., Deltona, Florida 32738 Parcel No.: 8130-42-23-0140 Violation: City of Deltona Ordinance, Section 14-2. - Public nuisance animals. 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: (6) Barks, chirps, howls, meows, or makes other such 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. (Danny Ron) Case was continued until the May 24, 2017 Code Hearing. C. DEL-17-061 Joshua D. Orellana Shine 1831 Bestland Ave., Deltona, Florida 32738 Property Address: 1831 Bestland Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-65-23-0040 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. Joshua Shine was present. City of Deltona Page 4 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 D. DEL-17-064 Adrian Hall & Decima John Baptiste 481 Gaspar Ave., Deltona, Florida 32725 Property Address: 2641 Salters Ct., Deltona, Florida 32738 Parcel No.: 30-18-31-43-16-0080 Violation: City of Deltona Ordinance, Section 58-31, which states that the use of any City right-of-way, without prior written consent of the City, shall be prohibited. (Steve Braukhoff) Withdrawn. E. DEL-17-065 Yuliya Gaukhman 400 Hanchey Dr., Nokomis, Florida 34275 Property Address: 2916 W. Elston Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-32-91-0280 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) Order of Non Compliance with a Hearing to Impose Fine at the June 28, 2017 Code Hearing. Yuliya Gaukhman was present. City of Deltona Page 5 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 F. DEL-17-067 Cindy Lee Kincaid 619 Sullivan St., Deltona, Florida 32725 Property Address: 619 Sullivan St., Deltona, Florida 32725 Parcel No.: 30-18-31-03-57-0420 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. (Dave DeKruif) Order of Non Compliance with a Hearing to Impose Fine at the June 28, 2017 Code Hearing. Cindy Kincaid was present. G. DEL-17-068 Victoria Rose Cannone & Michael V. Morello 2891 Bedford St., Deltona, Florida 32738 Property Address: 2891 Bedford St., Deltona, Florida 32738 Parcel No.: 30-18-31-34-31-0250 Violation: City of Deltona Ordinance, Section 110-807(5), which states that no stock or commodity shall be kept or sold upon the premises. (Steve Braukhoff) Order to Abate was issued by the Special Magistrate effective April 26, 2017. City of Deltona Page 6 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 H. DEL-17-069 Victoria Rose Cannone & Michael V. Morello 2891 Bedford St., Deltona, Florida 32738 Property Address: 2891 Bedford St., Deltona, Florida 32738 Parcel No.: 30-18-31-34-31-0250 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. (Steve Braukhoff) Order to Abate was issued by the Special Magistrate effective April 26, 2017. I. DEL-17-070 Eileen P. Horan 606 Park Ave., West Hempstead, NY 11552-3311 Property Address: 1637 Lansfield Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-43-69-0020 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) Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. William Horan was present. City of Deltona Page 7 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 J. DEL-17-071 Gregory J. & Patrick S. & Renae L. Hamilton 220 Oak Rd., Winter Springs, Florida 32708 Property Address: 892 Rockhill St., Deltona, Florida 32725 Parcel No.: 30-18-31-24-04-0190 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. (Richard Lovett) Withdrawn. K. DEL-17-072 Gregory J. & Patrick S. & Renae L. Hamilton 220 Oak Rd., Winter Springs, Florida 32708 Property Address: 892 Rockhill St., Deltona, Florida 32725 Parcel No.: 30-18-31-24-04-0190 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. (Richard Lovett) Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. City of Deltona Page 8 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 L. DEL-17-073 Charles J. & Darcie Ann Ditaranto 321 E. Highbanks Rd., Debary, Florida 32713 Property Address: 1044 E. Lombardy Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-02-29-0230 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code,Section 108.1.3, which states that a structure is unfit for human occupamcy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. M. DEL-17-074 Edward Earl, III & Susan Larae Smith H&W 1418 Birwood St., Deltona, Florida 32725 Property Address: 1418 Birwood St., Deltona, Florida 32725 Parcel No.: 30-18-31-11-52-0030 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. (Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. City of Deltona Page 9 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 N. DEL-17-075 Edward Earl, III & Susan Larae Smith H&W 1418 Birwood St., Deltona, Florida 32725 Property Address: 1418 Birwood St., Deltona, Florida 32725 Parcel No.: 30-18-31-11-52-0030 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) Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. O. DEL-17-076 Charles J. & Darcie Ann Ditaranto 321 E. Highbanks Rd., Debary, Florida 32713 Property Address: 1044 E. Lombardy Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-02-29-0230 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. (Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. City of Deltona Page 10 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 P. DEL-17-077 Charles J. & Darcie Ann Ditaranto 321 E. Highbanks Rd., Debary, Florida 32713 Property Address: 1044 E. Lombardy Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-02-29-0230 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. (Heather Murray) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. Q. DEL-17-078 Paul N. Dethomas 307 Feather Dr., Longwood, Florida 32779 Property Address: 2807 Newmark Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-43-27-0090 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. (Dennis Mues) Found to be in Non-Compliance, executed actions to come into Compliance and case was dismissed. 11. OTHER AND REPEAT BUSINESS: City of Deltona Page 11 Printed on 5/2/2017 Special Magistrate Minutes April 26, 2017 A. 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) Third Amended Order of Non Compliance with a Hearing to Impose Fine at the May 24, 2017 Code Hearing. 12. DISCUSSION: 13. ADJOURNMENT: 6:31 p.m. City of Deltona Page 12 Printed on 5/2/2017