Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, July 25, 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 Supervisor 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 June 27, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of June 27, 2018 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Charles Cino swore in all that were present to testify. 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-18-060, DEL-18-080, and DEL-18-081 are/were continued, and DEL-18-083 and DEL-18-122 are/were in compliance, and under New Business, case(s) and DEL-18-131 is/was withdrawn, and DEL-18-112, and DEL-18-124 are/were found to City of Deltona Page 1 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 be in non compliance at the time of violation, came into compliance and dismissed. 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) Third Amended Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. Yuliya Gaukhman was present. B. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. Michael & Gayle Smith and Scott Summer were present. City of Deltona Page 2 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 C. 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) Case was continued until the September 26, 2018 Code Hearing. D. 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) Case was continued until the September 26, 2018 Code Hearing. E. 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) City of Deltona Page 3 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 Case was continued until the September 26, 2018 Code Hearing. F. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. G. 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 Imposing Penalty/Lien was issued for $25.00 a day effective July 25, 2018 until in compliance or the cap of $10,000.00 is reached. H. 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 City of Deltona Page 4 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 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 Imposing Penalty/Lien was issued for $25.00 a day effective July 25, 2018 until in compliance or the cap of $10,000.00 is reached. I. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. 10. NEW BUSINESS: H. DEL-18-128 Anne A. Berger C/O Max M. Berger 1769 Mitchell Ct., Daytona Beach, Florida 32124-6760 Property Address: 2091 Saxon Blvd., Deltona, Florida 32725 Parcel No.: 8023-01-12-0091 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) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code City of Deltona Page 5 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 Hearing. Steve Roland, Building Official, and M.D. Hogue were present and gave testimony. A. DEL-18-091 Theresa M. Benke ETAL & Jennifer Smith, & Luis J. & Linda Benke 1126 Outlook Dr., Deltona, Florida 32725 Property Address: 1126 Outlook Dr., Deltona, Florida 32725 Parcel No.: 8130-27-08-0140 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. (William Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. B. DEL-18-092 Theresa M. Benke ETAL & Jennifer Smith, & Luis J. & Linda Benke 1126 Outlook Dr., Deltona, Florida 32725 Property Address: 1126 Outlook Dr., Deltona, Florida 32725 Parcel No.: 8130-27-08-0140 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (William Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. C. 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 City of Deltona Page 6 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 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. D. 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) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. Phillip Raghunanan, Mr. & Mrs. Moran, and Carmen Diaz (translator) were present. E. DEL-18-124 Andrew Peterkin 2861 Regent Dr., Deltona, Florida 32738 Property Address: 2861 Regent Dr., Deltona, Florida 32738 Parcel No.: 8130-58-08-0060 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. (Heather Murray) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. F. DEL-18-126 City of Deltona Page 7 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 Joseph V. & Robin L. Verrechio 161 Fort Smith Blvd., Deltona, Florida 32738-9235 Property Address: 161 Fort Smith Blvd., Deltona, Florida 32738 Parcel No.: 8130-42-15-0050 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the September 26, 2018 Code Hearing. G. DEL-18-127 Coerator Praetectio Inc. PO Box 2124, Orlando, Florida 32802 Property Address: 2310 Chastain Ave., Deltona, Florida 32738 Parcel No.: 8130-32-09-0140 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 September 26, 2018 Code Hearing. I. DEL-18-129 Heather A. Jones 2970 Malcolm Dr., Deltona, Florida 32738 Property Address: 2970 Malcolm Dr., Deltona, Florida 32738 Parcel No.: 8130-33-23-0080 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 City of Deltona Page 8 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 sanitary condition, and in good repair. (Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. J. DEL-18-130 Assad & Nafeiza Yunus 114-43 123rd St., South Ozone, NY 11420 Property Address: 3161 Elkcam Blvd., Deltona, Florida 32738 Parcel No.: 8130-32-19-0170 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) Case was continued until the August 22, 2018 Code Hearing. John Orosko (tenant) were present. K. DEL-18-131 Stephen J. & Dolly Reddington 702 E. Lacy Cir., Deltona, Florida 32725-8174 Property Address: 702 E. Lacy Cir., Deltona, Florida 32725 Parcel No.: 8130-20-26-0190 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. L. DEL-18-132 Barry Kaleky 737 Waterfall Cir., Deltona, Florida 32725 Property Address: 737 Waterfall Cir., Deltona, Florida 32725 City of Deltona Page 9 Printed on 8/6/2020 Special Magistrate Minutes July 25, 2018 Parcel No.: 8130-28-19-0011 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. Barry Kaleky was present. 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) Order of Non Compliance with a Hearing to Impose Fine at the August 22, 2018 Code Hearing. 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 6:47 p.m. City of Deltona Page 10 Printed on 8/6/2020