Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Tuesday, November 21, 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 was 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. A. Meeting Minutes of October 25, 2017 6. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate Hearing for October 25, 2017 were approved by the Special Magistrate, Charles Cino. 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-17-215 is/was in compliance, and under New Business, case(s) DEL-17-224, DEL-17-225, and DEL-17-233 are/were continued, and case(s) DEL-17-220, is/was found to be in non compliance at the time of violation, came into compliance, and dismissed, and case(s) DEL-17-230, DEL-17-231, DEL-17-232, DEL-17-234, DEL-17-236, and DEL-17-237 are/were withdrawn. 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Charles Cino swore in all that were present to testify. City of Deltona Page 1 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 9. OLD BUSINESS: A. 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 Imposing Penalty/Lien was issued for $100.00 a day effective May 24, 2018 until in compliance or the cap of $10,000.00 is reached. Michael Sowinski was present. B. DEL-17-141 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. (Isiah Pitts) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. Michael Sowinski was present. C. DEL-17-190 David Mark Williams 750 Merrimac St., Deltona, Florida 32725 Property Address: 750 Merrimac St., Deltona, Florida 32725 Parcel No.: 30-18-31-30-05-0050 Violation: City of Deltona Ordinance, Section 38-114, which states that 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 City of Deltona Page 2 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 use, shall be prohibited and also 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 Heather Murray) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. David Williams was present. D. DEL-17-191 David Mark Williams 750 Merrimac St., Deltona, Florida 32725 Property Address: 750 Merrimac St., Deltona, Florida 32725 Parcel No.: 30-18-31-30-05-0050 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 Heather Murray) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. David Williams was present. E. DEL-17-192 David Mark Williams 750 Merrimac St., Deltona, Florida 32725 Property Address: 750 Merrimac St., Deltona, Florida 32725 Parcel No.: 30-18-31-30-05-0050 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 Heather Murray) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. David Williams was present. F. DEL-17-193 City of Deltona Page 3 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 David Mark Williams 750 Merrimac St., Deltona, Florida 32725 Property Address: 750 Merrimac St., Deltona, Florida 32725 Parcel No.: 30-18-31-30-05-0050 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. David Williams was present. G. DEL-17-196 Luis A. & Carol Bermudes 2309 Howland Blvd., Deltona, Florida 32738 Property Address: 2309 Howland Blvd., Deltona, Florida 32738 Parcel No.: 14-18-31-00-00-0058 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 Julie Hughes) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. H. DEL-17-197 Luis A. & Carol Bermudes 2309 Howland Blvd., Deltona, Florida 32738 Property Address: 2309 Howland Blvd., Deltona, Florida 32738 Parcel No.: 14-18-31-00-00-0058 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 Julie Hughes) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. I. DEL-17-210 Kenneth D. & Patricia Fry 1076 Shady Hollow Dr., Deland, Florida 32724 City of Deltona Page 4 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 Property Address: 908 Rockhill St., Deltona, Florida 32725 Parcel No.: 30-18-31-24-04-0170 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 Heather Murray) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. J. DEL-17-215 Michael C. & Kellie J. Killebrew 2821 India Blvd., Deltona, Florida 32738 Property Address: 2821 India Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-41-64-0050 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. (Officer Danny Ron) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. 10. NEW BUSINESS: A. DEL-17-186 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 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. City of Deltona Page 5 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. B. DEL-17-216 Hillery Wholesale Houses LLC 2231 Church St., Sanford, Florida 32771 Property Address: 530 Kangley Ave., Deltona, Florida 32738 Parcel No.: 30-18-31-42-24-0040 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. (Officer Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. C. DEL-17-219 Grigor Grigorov 1633 S. Acadian Dr., Deltona, Florida 32725 Property Address: 1633 S. Acadian Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-15-09-0200 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 Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. D. DEL-17-220 Corey W. Carruth 218 Arab St., Deltona, Florida 32725-6321 Property Address: 218 Arab St., Deltona, Florida 32725 City of Deltona Page 6 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 Parcel No.: 30-18-31-06-11-0030 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1, which states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair. (Officer Heather Murray) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. E. DEL-17-221 Robert L. Dargue & Susanne L. Folley 522 Fuller Ave., Deltona, Florida 32725-8317 Property Address: 522 Fuller Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-05-18-0110 Violation: City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, unless parked in a fully enclosed garage. (Officer Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. F. DEL-17-222 Robert L. Dargue & Susanne L. Folley 522 Fuller Ave., Deltona, Florida 32725 Property Address: 511 Tacoma Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-05-18-0080 Violation: City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, unless parked in a fully enclosed garage. (Officer Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. G. DEL-17-223 Robert L. Dargue & Susanne L. Folley 522 Fuller Ave., Deltona, Florida 32725 City of Deltona Page 7 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 Property Address: 502 Fuller Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-05-18-0100 Violation: City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, unless parked in a fully enclosed garage. (Officer Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. H. DEL-17-224 Stacey Mann & Janet Mann 2902 Greynolds St., Deltona, Florida 32738-3113 Property Address: 2902 Greynolds St., Deltona, Florida 32738 Parcel No.: 30-18-31-74-29-0070 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Steve Braukhoff) Case was continued until the January 24, 2018 Code Hearing. I. DEL-17-225 Stacey Mann & Janet Mann 2902 Greynolds St., Deltona, Florida 32738-3113 Property Address: 2902 Greynolds St., Deltona, Florida 32738 Parcel No.: 30-18-31-74-29-0070 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 City of Deltona Page 8 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. (Officer Steve Braukhoff) Case was continued until the January 24, 2018 Code Hearing. J. DEL-17-226 Roberto Rios PO Box 6347, Deltona, Florida 32728 Property Address: 700 S. Wellington Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-01-10-0380 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 of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. Roberto Rios was present (along with translator Alfredo Fuentes). K. DEL-17-228 CitiMortgage Inc. % CitiMortgage Inc. 1000 Technology Dr. MS 314, Ofallon, MO 63368 Property Address: 2159 E. Hyde Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-17-22-0180 Violation: City of Deltona Ordinance, Section 37-9. - Full utilities required for occupancy. No person(s) shall occupy any property in the city unless such property is properly and legally serviced by both electricity and water, (with electricity and water turned on), provided to the specific location by the utility provider in the area. If a property legally receives its water from a well located on the property, water service through a utility company is not required. If a property legally receives sufficient power to power the entire property through solar devices, electric service through a utility company is not required. If any person is found to be occupying any property in violation of this section, the special magistrate shall enter an City of Deltona Page 9 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 order providing for the removal of all persons occupying such property. (Officer Tray Black) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. L. DEL-17-229 James Passarella & Geraldine OBryan 361 Fort Smith Blvd., Deltona, Florida 32738 Property Address: 361 Fort Smith Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-59-19-0090 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. (Officer Dennis Mues) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. M. DEL-17-230 Garland & 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 110-827.02. Residential accessory buildings and Structures, generally. This section limits accessory structures on residential properties to those that are "customarily associated with single-family residences". PODS are industrial structures that are not customarily found on single-family lots. (Officer Dennis Mues) Withdrawn. N. DEL-17-231 Garland & 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 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 Dennis Mues) City of Deltona Page 10 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 Withdrawn. O. DEL-17-232 Garland & 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 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) Withdrawn. P. DEL-17-233 Garland & 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 18-5, 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 Dennis Mues) Case was continued until the January 24, 2018 Code Hearing. Q. DEL-17-234 Garland & 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 18-5, 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 City of Deltona Page 11 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 structural condition. (Officer Dennis Mues) Withdrawn. R. DEL-17-235 Luis Cruz 2205 Rustic Pine Trl., Oviedo, Florida 32765 Property Address: 584 E. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-01-37-0160 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 Jeffery Scott) Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. S. DEL-17-236 Sarkis Terzian 416 Glen Abby Ln., Debary, Florida 32713 Property Address:1215 W. Wellington Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-01-07-0220 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 Jeffery Scott) Withdrawn. T. DEL-17-237 Preferred Trust Co LLC City of Deltona Page 12 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 FBO Judy Rogers IRA 2140 E. Pebble Rd. Ste. 140, Las Vegas, NV 89123 Property Address: 1825 Urbana Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-08-34-0040 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. (Officer Lonnie Wilson) Withdrawn. 11. OTHER AND REPEAT BUSINESS: A. DEL-17-204 Repeat of DEL-15-156 Imre & Juliana Szucs 1173 W. Wellington Dr., Deltona, Florida 32725-7030 Property Address: 1173 W. Wellington Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-01-07-0270 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 Jeffery Scott) First Amended Order of Non Compliance with a Hearing to Impose Fine at the January 24, 2018 Code Hearing. Imre Szucs was present. B. DEL-17-211 Repeat of DEL-15-078 Kenneth D. & Patricia Fry 1076 Shady Hollow Dr., Deland, Florida 32724 Property Address: 908 Rockhill St., Deltona, Florida 32725 Parcel No.: 30-18-31-24-04-0170 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) Order to Abate was issued by the Special Magistrate effective November 21, 2017. 12. DISCUSSION: 13. ADJOURNMENT: City of Deltona Page 13 Printed on 8/6/2020 Special Magistrate Minutes November 21, 2017 There being no further business, the meeting adjourned at 6:16 p.m. City of Deltona Page 14 Printed on 8/6/2020