Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, April 18, 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 March 28, 2018 were approved by the Special Magistrate, Charles Cino A. Meeting Minutes of March 28, 2018 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-18-054 is/was in compliance, and under New Business, case(s) DEL-18-061, DEL-18-065, DEL-18-069, DEL-18-071 and DEL-18-079 are/were withdrawn, and DEL-18-067 and DEL-18-076 are/were found to be in non compliance at the time of violation, came into compliance and dismissed. 8.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 4/18/2018 Special Magistrate Minutes April 18, 2018 9. OLD BUSINESS: A. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. B. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. City of Deltona Page 2 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 C. 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 Imposing Penalty/Lien was issued for $50.00 a day effective May 24, 2018 until in compliance or the cap of $10,000.00 is reached. D. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. Rory & Sandra Litzinger were present. City of Deltona Page 3 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 E. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. Grover Rios was present. F. 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) 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 4/18/2018 Special Magistrate Minutes April 18, 2018 G. 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 Imposing Penalty/Lien was issued for $50.00 a day effective April 18, 2018 until in compliance or the cap of $10,000.00 is reached. H. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. 10. NEW BUSINESS: City of Deltona Page 5 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 A. 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) Withdrawn. B. 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) Withdrawn. City of Deltona Page 6 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 C. DEL-18-067 Jose A Zayas Santiago 2867 Juliet Dr., Deltona, Florida 32738 Property Address: 2867 Juliet Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-32-58-0240 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 at the time of the violation, executed actions to come into Compliance and case was dismissed. D. DEL-18-069 Alan Batlle 3335 W. Locanda Cir., New Smyrna Beach, Florida 32168 Property Address: 3166 Canby Dr., Deltona, Florida 32738 Parcel No.: 30-18-31-34-12-0200 Violation: City of Deltona Ordinance, Section 14-141(c) It shall be the duty of the owner or person responsible for any dog or cat brought into the city or acquired to have the dog or cat licensed in accordance with this division within 15 days after the dog or cat is brought into the city or acquired, or before the dog or cat reaches six months of age, whichever comes first. (Heather Murray) Withdrawn. City of Deltona Page 7 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 E. DEL-18-070 Jennifer Irene Jones & Anthony T. Losi & Gino L. Losi 966 Humphrey Blvd., Deltona, Florida 32738 Property Address: 966 Humphrey Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-40-37-0230 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. Jennifer Irene Jones was present. F. DEL-18-071 Ivan Izquierdo 1403 NE 17th St., Cape Coral, Fl 33909 Property Address: 1825 Providence Blvd., Deltona, Florida 32738 Parcel No.: 30-18-31-65-25-0090 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. (Lonnie Wilson) Withdrawn. City of Deltona Page 8 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 G. DEL-18-072 Francisco Muniz 1575 Cranbrook Ave., Deltona, Florida 32725 Property Address: 1575 Cranbrook Ave., Deltona, Florida 32725 Parcel No.: 30-18-31-55-04-0010 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. (Lonnie Wilson) Case was continued until the May 23, 2018 Code Hearing. H. DEL-18-075 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 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the May 23, 2018 Code Hearing. David Heisel (tenant) was present. City of Deltona Page 9 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 I. DEL-18-076 Alfred Eudell Jr 1708 Fountainhead Dr., Lake Mary, Florida 32746 Property Address: 2051 Lorene Ln., Deltona, Florida 32738 Parcel No.: 27-18-31-00-00-0172 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) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. J. DEL-18-077 Sergio O. Garcia 3234 Amblewood Ct., Deltona, Florida 32725 Property Address: 3229 Kings Ridge Terr., Deltona, Florida 32725 Parcel No.: 05-18-31-20-00-1840 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. (Steve Braukhoff) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. Sergio Garcia (property owner) and Joshua Wintosh (tenant) were present. City of Deltona Page 10 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 K. DEL-18-078 Aida Ramirez 1673 Gold Oaks Rd., Deltona, Florida 32725 Property Address: 995 Merrimac Ct., Deltona, Florida 32725 Parcel No.: 30-18-31-30-16-0140 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) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. L. DEL-18-079 Vincent J. Panisset 3000 Barrymore Ct., Orlando, Florida 32835 Property Address: 1314 N. Fowler Dr., Deltona, Florida 32725 Parcel No.: 30-18-31-10-18-0150 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. (Steve Braukhoff) Withdrawn. City of Deltona Page 11 Printed on 4/18/2018 Special Magistrate Minutes April 18, 2018 M. DEL-18-080 Dominic Lattanzio 26 Spring Ridge Dr., Debary, Florida 32713 Property Address: 730 Cloverleaf Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-20-26-0180 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) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. Dominic and Peggy Lattanzio were present. N. DEL-18-081 Dominic Lattanzio 26 Spring Ridge Dr., Debary, Florida 32713 Property Address: 730 Cloverleaf Blvd., Deltona, Florida 32725 Parcel No.: 30-18-31-20-26-0180 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. Dominic and Peggy Lattanzio were present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6:01 p.m. City of Deltona Page 12 Printed on 4/18/2018