Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, June 27, 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 May 23, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of May 23, 2018 City of Deltona Page 1 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-18-082 is/was in compliance, and DEL-18-083 and DEL-18-093 are were continued, and cases(s) DEL-18-100 and DEL-18-101 are/were withdrawn, and under New Business, case(s) and DEL-18-120 and DEL-18-121 are/were withdrawn, and DEL-18-110, DEL-18-112, DEL-18-114, DEL-18-115, DEL-18-116 and DEL-18-119 are/were continued, and DEL-18-108 is/was found to be in non compliance at the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. 9. OLD BUSINESS: A. 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) Third Amended Order of Non Compliance with a Hearing to Impose Fine at the September 26, 2018 Code Hearing. Rory L. & Sandra Litzinger were present. City of Deltona Page 2 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 B. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing C. 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) First Amended Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing D. 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) 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 7/3/2018 Special Magistrate Minutes June 27, 2018 E. 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) Case was continued until the July 25, 2018 Code Hearing F. 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) Tow Order was issued by Special Magistrate effective June 27, 2018 City of Deltona Page 4 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 G. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. H. 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 dismissed by the Special Magistrate. City of Deltona Page 5 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 I. 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 Imposing Penalty/Lien was issued for $100.00 a day effective June 27, 2018 until in compliance or the cap of $10,000.00 is reached. J. 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) Case was continued until the September 26, 2018 Code Hearing City of Deltona Page 6 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 K. 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) Withdrawn. L. 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) Withdrawn. M. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. Maribel Santiago was present. City of Deltona Page 7 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 N. 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 Imposing Penalty/Lien was issued for $50.00 a day (per case) effective July 26, 2018 until in compliance or the cap of $10,000.00 (per case) is reached. O. 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 Imposing Penalty/Lien was issued for $50.00 a day (per case) effective July 26, 2018 until in compliance or the cap of $10,000.00 (per case) is reached. City of Deltona Page 8 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 P. 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 Imposing Penalty/Lien was issued for $50.00 a day (per case) effective July 26, 2018 until in compliance or the cap of $10,000.00 (per case) is reached. 10. NEW BUSINESS: A. DEL-18-108 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 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. (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 9 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 B. DEL-18-110 Fausto Mejia 916 Elkcam Blvd., Deltona, Florida 32725 Property Address: 916 Elkcam Blvd., Deltona, Florida 32725 Parcel No.: 8130-08-25-0110 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 August 22, 2018 Code Hearing. C. DEL-18-111 Isaura Almanza 2976 Estill St., Deltona, Florida 32738 Property Address: 2976 Estill St., Deltona, Florida 32738 Parcel No.: 8130-43-01-0080 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) Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing. City of Deltona Page 10 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 D. DEL-18-112 Janet M. Cary 20614 Granger Bluff, Cypress , TX 77433 Property Address: 2963 Beckwith St., Deltona, Florida 32738 Parcel No.: 8130-34-34-0180 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) Case was continued until the July 25, 2018 Code Hearing. E. DEL-18-114 Michael W. & Lisa Keith 451 Baine Terr., Deltona, Florida 32738 Property Address: 451 Baine Terr., Deltona, Florida 32738 Parcel No.: 8130-59-14-0150 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. (Tray Black) Case was continued until the July 25, 2018 Code Hearing. F. DEL-18-115 Jean Marie Ross 3261 Planter Dr., Deltona, Florida 32738 Property Address: 3261 Planter Dr., Deltona, Florida 32738 Parcel No.: 8130-42-19-0270 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. (Tray Black) Case was continued until the July 25, 2018 Code Hearing. City of Deltona Page 11 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 G. DEL-18-116 Phillip V. Raghunanan 3515 Apple Orchard Dr., Deltona, Florida 32738-9492 Property Address: 3515 Apple Orchard Dr., Deltona, Florida 32738 Parcel No.: 8130-62-03-0130 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 July 25, 2018 Code Hearing. H. DEL-18-117 Walter B. Olson, Jr. 537 Providence Blvd., Deltona, Florida 32725 Property Address: 537 Providence Blvd., Deltona, Florida 32725 Parcel No.: 8130-12-07-0090 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 July 25, 2018 Code Hearing. City of Deltona Page 12 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 I. DEL-18-118 Walter B. Olson, Jr. 537 Providence Blvd., Deltona, Florida 32725 Property Address: 537 Providence Blvd., Deltona, Florida 32725 Parcel No.: 8130-12-07-0090 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing. J. DEL-18-119 Juanita Berrios 516 Dustin Terr., Deltona, Florida 32725 Property Address: 575 Dustin Terr., Deltona, Florida 32725 Parcel No.: 8130-03-61-0280 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) Case was continued until the July 25, 2018 Code Hearing. City of Deltona Page 13 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 K. DEL-18-120 Wally Murphy 2008 Lily Ct., Sanford, Florida 32771 Property Address: 814 Tamerlane St., Deltona, Florida 32725 Parcel No.: 8130-03-17-0050 Violation: City of Deltona Ordinance, Chapter 22, Section 22-4 Which states no person shall engage in, manage, transact, or carry on any business, occupation or profession within the City for which there is a local business tax required by this ordinance or any other provisions of this Code uncles such person shall first procure a local business receipt(“receipt”) to conduct the same from the City. (Steve Braukhoff) Withdrawn. L. DEL-18-121 Shaquille C. Littles 2001 Brewster Dr., Deltona, Florida 32738 Property Address: 2001 Brewster Dr., Deltona, Florida 32738 Parcel No.: 8130-53-25-0100 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. (Steve Braukhoff) Withdrawn. City of Deltona Page 14 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 M. DEL-18-122 Luis A. & Carol Bermudes 2309 Howland Blvd., Deltona, Florida 32738 Property Address: 2309 Howland Blvd., Deltona, Florida 32738 Parcel No.: 8114-00-00-0058 Violation: City of Deltona Ordinance, Chapter 22, Section 22-4 Which states no person shall engage in, manage, transact, or carry on any business, occupation or profession within the City for which there is a local business tax required by this ordinance or any other provisions of this Code uncles such person shall first procure a local business receipt(“receipt”) to conduct the same from the City. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the July 25, 2018 Code Hearing. 11. OTHER AND REPEAT BUSINESS: A. DEL-18-109 Repeat of DEL-17-215 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 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. (Dennis Mues) Case was continued until the July 25, 2018 Code Hearing. City of Deltona Page 15 Printed on 7/3/2018 Special Magistrate Minutes June 27, 2018 B. DEL-18-123 Repeat of DEL-17-196 Luis A. & Carol Bermudes 2309 Howland Blvd., Deltona, Florida 32725 Property Address: 2309 Howland Blvd., Deltona, Florida 32725 Parcel No.: 8114-00-00-0058 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. (Julie Hughes) Tow Order was issued by Special Magistrate effective June 27, 2018. 12. DISCUSSION: 13. ADJOURNMENT: 6:04 p.m. City of Deltona Page 16 Printed on 7/3/2018