Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, May 23, 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 April 18, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of April 18, 2018 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-17-224, DEL-17-225, and DEL-18-053 are/were in compliance, and DEL-18-032 is/was dismissed, and under New Business, case(s) DEL-18-087, and DEL-18-099 are/were withdrawn, and DEL-18-100 and DEL-18-101 are/were continued, and DEL-18-095, DEL-18-096, and DEL-18-102 are/were found to be in non compliance at the time of violation,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 5/23/2018 Special Magistrate Minutes May 23, 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-17-224 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 2 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 3 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 C. 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) Affidavit of Withdrawal submitted by the officer and an Order of Dismissal was signed by the Special Magistrate. City of Deltona Page 4 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 D. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing. City of Deltona Page 5 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 F. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing. Richard Workman was present. G. 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 Imposing Penalty/Lien was issued for $50.00 a day effective June 28, 2018 until in compliance or the cap of $10,000.00 is reached unless trees have been restored or a payment plan has been approved by the City. Michelle Hernandez was present. 10. NEW BUSINESS: City of Deltona Page 6 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 A. DEL-18-082 Leroy Woods 1200 Buccaneer Ave., Deltona, Florida 32725 Property Address: 1200 Buccaneer Ave., Deltona, Florida 32725 Parcel No.: 8130-06-09-0210 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) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. Leroy Woods was present. B. DEL-18-083 Leroy Woods 1200 Buccaneer Ave., Deltona, Florida 32725 Property Address: 1200 Buccaneer Ave., Deltona, Florida 32725 Parcel No.: 8130-06-09-0210 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 use, shall be prohibited. (Steve Braukhoff) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. Leroy Woods was present. City of Deltona Page 7 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 C. DEL-18-084 Rickey A. & Nettie J. Parks 815 E. 9th St., Sanford, Florida 32771 Property Address: 2325 Matthew Cir., Deltona, Florida 32738 Parcel No.: 8130-48-04-0050 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. D. DEL-18-085 Rickey A. & Nettie J. Parks 815 E. 9th St., Sanford, Florida 32771 Property Address: 2325 Matthew Cir., Deltona, Florida 32738 Parcel No.: 8130-48-04-0050 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. City of Deltona Page 8 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 E. DEL-18-086 Alexander Jr., & Ines M. Soto 1453 Dandelion Dr., Deltona, Florida 32725-8403 Property Address: 1453 Dandelion Dr., Deltona, Florida 32725 Parcel No.: 8130-05-40-0180 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:(1)Is repeatedly found at large. (Danny Ron) Case was continued until the June 27, 2018 Code Hearing. Michael Soto (owner), Vivian Simpson (complainant) and Sharlene Viriyakul (neigbor) were present. F. DEL-18-087 Angelo Ortiz 2544 Ludlow St., Deltona, Florida 32738 Property Address: 2544 Ludlow St., Deltona, Florida 32738 Parcel No.: 8130-33-06-0030 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 structural condition. (Jeffery Scott) Withdrawn. City of Deltona Page 9 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 G. DEL-18-089 Eunice J. Brunelle 1101 E. Normandy Blvd., Deltona, Florida 32725 Property Address: 1101 E. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 8130-05-64-0330 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. (Will Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. H. DEL-18-093 US SFE Asset Company 4 LLC 5001 Plaza On The Lake Ste 200, Austin, TX 78746 Property Address: 549 Antelope Dr., Deltona, Florida 32725 Parcel No.: 8130-04-16-0360 Violation: City of Deltona Ordinance, Section 37-4. - Definitions.The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Applicable codes includes, but is not be limited to, the city's land use regulations, the city's Code of Ordinances ("City Code"), the Florida Building Code, and the International Property Maintenance Code. Blighted property means: (1) Properties that have broken or severely damaged windows, doors, walls, or roofs which create hazardous conditions and encourage trespassing. (Steve Braukhoff) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. City of Deltona Page 10 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 I. DEL-18-095 Randall L. Bell & Olga Kolpakova 625 Rosaro Ct., Kissimmee, Florida 34758 Property Address: 3030 Snow Dr., Deltona, Florida 32738 Parcel No.: 8130-33-04-0050 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. (Heather Murray) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. J. DEL-18-096 Robin A. Longway & Christopher L. Knapp 3306 Como Ln., San Jose, CA 95118 Property Address: 2299 Whitehorse St., Deltona, Florida 32738 Parcel No.: 8130-35-19-0090 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.7 Roofs and drainage. Roof assemblies shall comply with the Florida Building Code Existing Building Chapter 6, Florida Building Code Building Chapter 15 and Florida Building Code Residential Chapter 9. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (Heather Murray) 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 11 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 K. DEL-18-097 Tammy F. Coffin 3042 Blaine Cir., Deltona, Florida 32738 Property Address: 3042 Blaine Cir., Deltona, Florida 32738 Parcel No.: 8130-43-68-0270 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. (Tray Black) Case was continued until the June 27, 2018 Code Hearing. Tammy F. Coffin was present. L. DEL-18-098 Tammy F. Coffin 3042 Blaine Cir., Deltona, Florida 32738 Property Address: 3042 Blaine Cir., Deltona, Florida 32738 Parcel No.: 8130-43-68-0270 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. (Tray Black) Case was continued until the June 27, 2018 Code Hearing. Tammy F. Coffin was present. City of Deltona Page 12 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 M. DEL-18-099 Carissa Queen & James Kelege 3298 Noah St., Deltona, Florida 32738 Property Address: 3298 Noah St., Deltona, Florida 32738 Parcel No.: 8130-38-21-0010 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. (Tray Black) Withdrawn. N. DEL-18-100 Michael C. Killebrew & Kellie J. Killebrew 2821 India Blvd., Deltona, Florida 32738 Property Address: 2821 India Blvd., Deltona, Florida 32738 Parcel No.: 8130-41-64-0050 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. (Dennis Mues) Case was continued until the June 27, 2018 Code Hearing. O. DEL-18-101 Michael C. Killebrew & Kellie J. Killebrew 2821 India Blvd., Deltona, Florida 32738 Property Address: 2821 India Blvd., Deltona, Florida 32738 Parcel No.: 8130-41-64-0050 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. (Dennis Mues) Case was continued until the June 27, 2018 Code Hearing. City of Deltona Page 13 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 P. DEL-18-102 Barbara Sofronov 771 Alcan Ave, Deltona, Florida 32738 Property Address: 771 Alcan Ave, Deltona, Florida 32738 Parcel No.: 8130-44-30-0140 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. (Tray Black) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. Q. DEL-18-103 Maribel Santiago & Pedro Laboy 1728 Fort Smith Blvd., Deltona, Florida 32725 Property Address: 1728 Fort Smith Blvd., Deltona, Florida 32725 Parcel No.: 8130-09-36-0020 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) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. Maribel Santiago (owner) and Brantly Blalock (complainant) were present. City of Deltona Page 14 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 R. DEL-18-104 Aida Ramirez 1673 Gold Oaks Rd., Deltona, Florida 32725 Property Address: 995 Merrimac St., Deltona, Florida 32725 Parcel No.: 8130-30-16-0140 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) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. S. DEL-18-105 Aida Ramirez 1673 Gold Oaks Rd., Deltona, Florida 32725 Property Address: 995 Merrimac St., Deltona, Florida 32725 Parcel No.: 8130-30-16-0140 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 27, 2018 Code Hearing. City of Deltona Page 15 Printed on 5/23/2018 Special Magistrate Minutes May 23, 2018 T. DEL-18-106 Aida Ramirez 1673 Gold Oaks Rd., Deltona, Florida 32725 Property Address: 995 Merrimac St., Deltona, Florida 32725 Parcel No.: 8130-30-16-0140 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 (Steve Braukhoff) Order of Non Compliance with a Hearing to Impose Fine at the June 27, 2018 Code Hearing. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6:38 p.m. City of Deltona Page 16 Printed on 5/23/2018