Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, February 28, 2018 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 Supervisors Richard Lovett and Mark Gibson 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 January 24, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of January 24, 2018 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-18-009, DEL-18-017, DEL-18-018, DEL-18-019, DEL-18-020 and DEL-18-021 are/were in compliance, and under New Business, case(s) DEL-18-035, DEL-18-037, and DEL-18-041 are/were found to be in non compliance at the time of violation, came into compliance, and dismissed, and case(s) DEL-18-038, DEL-18-039, and DEL-18-040 are/were withdrawn. City of Deltona Page 1 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. 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 Imposing Penalty/Lien was issued for $50.00 a day effective February 28, 2018 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 2 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 B. 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) Order of Non Compliance with a Hearing to Impose Fine at the March 28, 2018 Code Hearing. Stacey Mann was present. C. 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 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) Order of Non Compliance with a Hearing to Impose Fine at the March 28, 2018 Code Hearing. Stacey Mann was present. City of Deltona Page 3 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 D. DEL-18-006 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 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. Kathleen Stamm was present. E. DEL-18-009 Jesus Gonzalez 410 North St Ste 130, Longwood, Florida 32750 Property Address: 1012 E. De Carlo Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-27-12-0100 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) 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 3/5/2018 Special Magistrate Minutes February 28, 2018 F. DEL-18-017 Mirna L. Mazzella 611 Everett St., Deltona, Florida 32725-3216 Property Address: 611 Everett St., Deltona, Florida 32725 Parcel No.: 30-18-31-03-61-0320 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 Richard Lovett) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. G. DEL-18-018 Mirna L. Mazzella 611 Everett St., Deltona, Florida 32725-3216 Property Address: 611 Everett St., Deltona, Florida 32725 Parcel No.: 30-18-31-03-61-0320 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 Richard Lovett) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 5 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 H. DEL-18-019 Mirna L. Mazzella 611 Everett St., Deltona, Florida 32725-3216 Property Address: 611 Everett St., Deltona, Florida 32725 Parcel No.: 30-18-31-03-61-0320 Violation: City of Deltona Ordinance, Section 66-18(f), which states except as provided in subsection (g) below, no commercial vehicle may be stored or parked in the front yard forward of the edge of the principal dwelling (to include approved driveways). Vehicles under 10,000 pounds gross vehicle weight but greater than 21 feet in length and/or greater than ten feet in height must be stored in the side or rear yard. (g) One commercial vehicle under 21 feet in length, under 10 feet in height and with a gross vehicle weight of less than 10,000 pounds, or one limousine, shall be permitted to be parked or stored in a residential or agricultural area, in the driveway or approved driveway extension, side yard or rear yard, provided said vehicle does not extend into the right-of-way. Trailers must be stored in accordance with section 66-19. (Officer Richard Lovett) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. I. DEL-18-020 Mirna L. Mazzella 611 Everett St., Deltona, Florida 32725-3216 Property Address: 611 Everett St., Deltona, Florida 32725 Parcel No.: 30-18-31-03-61-0320 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 Richard Lovett) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 6 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 J. DEL-18-021 Mirna L. Mazzella 611 Everett St., Deltona, Florida 32725-3216 Property Address: 611 Everett St., Deltona, Florida 32725 Parcel No.: 30-18-31-03-61-0320 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 Richard Lovett) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. K. DEL-18-022 Heather Lippert 2673 Shiprock Ct., Deltona, Florida 32738 Property Address: 2673 Shiprock Ct., Deltona, Florida 32738 Parcel No.: 30-18-31-41-23-0050 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) Order Imposing Penalty/Lien was issued for $50.00 a day effective February 28, 2018 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 7 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 L. DEL-18-025 MMM Investments Corp of FL PO Box 306, Hallandale Beach, FL 33008 Property Address: 1382 Howland Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-38-00-0080 Violation: City of Deltona Ordinance, Section 50-7(3) Provision and maintenance of containers. It shall be the responsibility of the owners/occupants of commercial property to obtain and maintain approved containers or refuse bins adequate to contain all solid waste generated from the commercial property and maintain the area surrounding the location in a clean and sanitary condition. Spillage from containers or refuse bins is not the responsibility of the authorized collector. (Officer Julie Hughes) First Amended Order of Non Compliance with a Hearing to Impose Fine at the March 28, 2018 Code Hearing. Tammy Wooden (Property Manager) and Denny Wooden were present. 10. NEW BUSINESS: City of Deltona Page 8 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 A. DEL-18-032 Courtland Plaza of Deltona LLC 3476 Farragut Pl, Melbourne, Fl 32940 Property Address: 600 Courtland Blvd., Deltona, Florida 32738 Parcel No.: 36-18-31-04-00-0010 Violation: City of Deltona Ordinance, Section 110-840. - Establishments using slot machines or slot machine-like equipment prohibited. (a) A person may not design, promote, or operate a simulated gambling device to: (1) Conduct a game promotion, sweepstakes, drawing, raffle, or any game of chance, including the entry process or the revealing of a prize or outcome; or (2) Promote a game promotion, sweepstakes, drawing, raffle, or any game of chance that is conducted through the use of a simulated gambling display, including the entry process or the revealing of a prize or outcome. (b) It is unlawful for any organization which, pursuant to the authority granted by F.S. ch. 849, promotes, or conduct a drawing by chance: (1) To design, engage in, promote, or conduct any drawing using a simulated gambling device, as defined herein. (2) To design, engage in, promote, or conduct any drawing through the use of any mechanically or electronically operated machine, network, system, or device that is: a Owned, leased, or otherwise controlled by the organization or a partner, affiliate, subsidiary, or agent of the organization; and b.Operated, played, or otherwise interacted with by an entrant to the drawing. (c) It is unlawful for any operator: (1) To design, engage in, promote, or conduct such a game promotion through a simulated gambling device, as defined herein. (Officer Julie Hughes) Case was continued until the March 28, 2018 Code Hearing. Bonnie Tomesik (owner), David Heisek (tenant), and Jane O'Brien (court reporter) were present. City of Deltona Page 9 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 B. DEL-18-033 Miguel Aponte 1387 Hartley Ave., Deltona, Florida 32725 Property Address: 1387 Hartley Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-01-13-0210 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 Julie Hughes) Order Imposing Penalty/Lien was issued for $50.00 a day effective February 28, 2018 until in compliance or the cap of $10,000.00 is reached. C. DEL-18-035 Elkcam 2813 S. Hiawassee Rd. Ste. 104, Orlando, Florida 32835 Property Address: 2748 Elkcam Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-74-24-0350 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code Section 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. (Officer Dennis Mues) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. City of Deltona Page 10 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 D. DEL-18-037 Daniel Chamorro TR & Leticia Chamorro TR 15743 Sorbonne St., Sylmar, CA 91342 Property Address: 3297 Noah St., Deltona, Florida 32738 Parcel No.: 30-18-31-38-23-0180 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 Richard Lovett) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. E. DEL-18-038 Eloisa Rameriz & William Anthony Croney 1239 Seybold Terr., Deltona, Florida 32725 Property Address: 1239 Seybold Terr., Deltona, Florida 32725 Parcel No.: 20-18-31-01-07-0070 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 Richard Lovett) Withdrawn. City of Deltona Page 11 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 F. DEL-18-039 Eloisa Rameriz & William Anthony Croney 1239 Seybold Terr., Deltona, Florida 32725 Property Address: 1239 Seybold Terr., Deltona, Florida 32725 Parcel No.: 20-18-31-01-07-0070 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 Richard Lovett) Withdrawn. G. DEL-18-040 Eloisa Rameriz & William Anthony Croney 1239 Seybold Terr., Deltona, Florida 32725 Property Address: 1239 Seybold Terr., Deltona, Florida 32725 Parcel No.: 20-18-31-01-07-0070 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 Richard Lovett) Withdrawn. City of Deltona Page 12 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 H. DEL-18-041 Evidio Tirado 2381 Albury St., Deltona, Florida 32738 Property Address: 2381 Albury St., Deltona, Florida 32738 Parcel No.: 30-18-31-32-14-0100 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) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. I. DEL-18-042 Lauren M. France 2755 Howland Blvd., Deltona, Florida 32725 Property Address: 2755 Howland Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-53-24-0220 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) Order of Non Compliance with a Hearing to Impose Fine at the April 25, 2018 Code Hearing. Lauren France was present. City of Deltona Page 13 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 J. DEL-18-048 Rory L. & Sandra Litzinger 2681 Courtland Blvd., Deltona, Florida 32738 Property Address: 2681 Courtland Blvd., Deltona, Florida 32738 Parcel No.: 12-18-31-01-08-0090 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 Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the March 28, 2018 Code Hearing. K. DEL-18-050 Jesus Yevara 9607 Tivoli Villa Dr., Orlando, Florida 32807 Property Address: 1476 E. Lombardy Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-30-10-0020 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 Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the March 28, 2018 Code Hearing. City of Deltona Page 14 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 L. DEL-18-051 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. (Officer Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the March 28, 2018 Code Hearing. 11. OTHER AND REPEAT BUSINESS: A. DEL-18-034 Repeat of 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. (Officer Julie Hughes) Order Imposing Penalty/Lien was issued for $50.00 a day effective February 28, 2018 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 15 Printed on 3/5/2018 Special Magistrate Minutes February 28, 2018 B. DEL-18-049 Repeat of DEL-14-112 Rory L. & Sandra Litzinger 2681 Courtland Blvd., Deltona, Florida 32738 Property Address: 2681 Courtland Blvd., Deltona, Florida 32738 Parcel No.: 12-18-31-01-08-0090 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 Heather Murray) Order Imposing Penalty/Lien was issued for $50.00 a day effective February 28, 2018 until in compliance or the cap of $10,000.00 is reached. 12. DISCUSSION: 13. ADJOURNMENT: 6:41 p.m. City of Deltona Page 16 Printed on 3/5/2018