Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, March 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. Assistant Hearing Clerk Christine Bennington 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 February 28, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of February 28, 2018 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under New Business, case(s) DEL-18-059, DEL-18-061, DEL-18-064, and DEL-18-065 are/were continued, and case(s) DEL-18-052 is/was withdrawn, and DEL-18-066 was found to be in non compliance at the time of violation, came into compliance and dismissed. City of Deltona Page 1 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Charles Cino swore in all that were present to testify. 9. OLD BUSINESS: A. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the April 18, 2018 Code Hearing. City of Deltona Page 2 Printed on 3/28/2018 Special Magistrate Minutes March 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the April 18, 2018 Code Hearing. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the April 18, 2018 Code Hearing. City of Deltona Page 3 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 D. 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) 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 3/28/2018 Special Magistrate Minutes March 28, 2018 E. 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) Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. David Heisel (tenant), Tammy Woodham, and Bonnie Tomesik were present. City of Deltona Page 5 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 F. 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 April 18, 2018 Code Hearing. Rory & Sandra Litzinger were present. G. 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 Imposing Penalty/Lien was issued for $50.00 a day effective March 28, 2018 until in compliance or the cap of $10,000.00 is reached. 10. NEW BUSINESS: City of Deltona Page 6 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 A. DEL-18-052 Reshonda S. Roberts 901 Caspian Ct., Deltona, Florida 32738 Property Address: 901 Caspian Ct., Deltona, Florida 32738 Parcel No.: 30-18-31-41-65-0120 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. B. DEL-18-053 Grover Rios 559 Macy Ave., Lake Helen, Florida 32744 Property Address: 2242 Kent Rd., Deltona, Florida 32738 Parcel No.: 30-18-31-74-59-0170 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 April 18, 2018 Code Hearing. City of Deltona Page 7 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 H. DEL-18-054 Grover Rios 559 Macy Ave., Lake Helen, Florida 32744 Property Address: 2242 Kent Rd., Deltona, Florida 32738 Parcel No.: 30-18-31-74-59-0170 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. (Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the April 18, 2018 Code Hearing. D. DEL-18-055 Fred A. Hawkesworth 1393 E. Hancock Dr., Deltona, Florida 32725 Property Address: 908 W. Village Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-11-31-0110 Violation: City of Deltona Ordinance, Section 38-73. - Loud, disturbing or unnecessary noises. (c)Thus, the following acts, among others, are declared to be in violation of this article; but this enumeration shall not be deemed to be exclusive: (5)The using, operating or permitting to be played, used or operated of any radio, television, tape or record player, amplifier, musical instrument or other machine or device used for the production, reproduction or emission of sound; (6)Any prolonged sounds made by people. (Marion Quinones) Case was continued until the May 23, 2018 Code Hearing. Fred Hawkesworth (landlord), Ruben Pena (tenant), and Melissa Frantz (complainant) were present. City of Deltona Page 8 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 E. DEL-18-056 Michael Smith & Helen Carn 533 Arthur Ave., Daytona Beach, Florida 32114 Property Address: 2473 Whitehorse St., Deltona, Florida 32738 Parcel No.: 30-18-31-35-18-0090 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. (Richard Lovett) Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. Gayl Smith was present. F. DEL-18-057 Kenneth A. Boisvert 2508 Courtland Blvd., Deltona, Florida 32738-2536 Property Address: 2508 Courtland Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-32-16-0160 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the April 18, 2018 Code Hearing. City of Deltona Page 9 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 G. DEL-18-058 Majestic Property Mgmt Corp 1065 Adelphi Ln., Orlando, Florida 32824 Property Address: 1718 Joyner Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-53-13-0080 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) Order of Non Compliance with a Hearing to Impose Fine at the April 18, 2018 Code Hearing. H. DEL-18-059 Roberto Rodrigo 2810 Beckwith St., Deltona, Florida 32738 Property Address: 2810 Beckwith St., Deltona, Florida 32738 Parcel No.: 30-18-31-34-36-0100 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. (Steve Braukhoff) Case was continued until the May 23, 2018 Code Hearing. City of Deltona Page 10 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 I. DEL-18-060 Jodi Workman 2657 Fair Oaks Dr., Deltona, Florida 32738 Property Address: 2657 Fair Oaks Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-54-07-0020 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. (Steve Braukhoff) Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. Jodi Workman was present. J. DEL-18-061 Peter & Terra L. & Nancy T. Yates 1046 W. Seagate Dr., Deltona, Florida 32725 Property Address: 1046 W. Seagate Dr., Deltona, Florida 32725 Parcel No.: 08-18-31-02-00-0030 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. (Steve Braukhoff) Case was continued until the April 18, 2018 Code Hearing. City of Deltona Page 11 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 K. DEL-18-062 J&A Drywall Quality Inc. 2953 Southgate Terr., Orlando, Florida 32818 Property Address: 2141 Laredo Dr., Deltona, Florida 32738 Parcel No.: 13-18-31-02-01-0020 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. (Ord. No. 96-25). (Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. L. DEL-18-063 Ethan L. True 1957 Brewster Dr., Deltona, Florida 32738 Property Address: 1957 Brewster Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-53-25-0160 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. (Steve Braukhoff) Tow Order was issued by Special Magistrate effective March 28, 2018. City of Deltona Page 12 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 M. DEL-18-064 Yvrose Major 667 Merrimac St., Deltona, Florida 32725 Property Address: 667 Merrimac St., Deltona, Florida 32725 Parcel No.: 30-18-31-01-13-0030 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) Case was continued until the April 18, 2018 Code Hearing. N. DEL-18-065 Lumarc Investments LLC 1471 Edison Terr., Deltona, Florida 32725 Property Address: 727 Merrimac St., Deltona, Florida 32725 Parcel No.: 30-18-31-30-07-0140 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. (Dennis Mues) Case was continued until the April 18, 2018 Code Hearing. City of Deltona Page 13 Printed on 3/28/2018 Special Magistrate Minutes March 28, 2018 O. DEL-18-066 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 18-5, reference to 304.6, adopting the latest edition of the International Property Maintenance Code, which states that exterior walls shall be free from holes, breaks, loose or rotting surfaces and the surface properly coated where required to prevent deterioration. (Tray Black) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6:34 p.m. City of Deltona Page 14 Printed on 3/28/2018