Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, August 22, 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 Richard Lovett and Mark Gibson were present. 3. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate Hearing for July 25, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of July 25, 2018 4. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. 5. PLEDGE TO THE FLAG: 6. 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. 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-18-056 and DEL-18-070 are/were in compliance, and case(s) DEL-18-128 is/was continued, and under New Business, case(s) and DEL-18-134 and DEL-18-138 are/were withdrawn, and case DEL-18-110 is/was continued, and under Other/Repeat Business, case(s) DEL-18-109 Repeat of DEL-17-215 is/was in compliance, and case(s) DEL-18-141 Repeat of DEL-17-175 and DEL-18-142 Repeat of DEL-17-174 are/were withdrawn. City of Deltona Page 1 Printed on 8/22/2018 Special Magistrate Minutes August 22, 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-18-056 Michael Smith & Helen Carn 533 Arthur Ave., Daytona Beach, Florida 32114 Property Address: 2473 Whitehorse St., Deltona, Florida 32738 Parcel No.: 8130-35-18-0090 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. (Dennis Mues) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. B. 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.: 8130-40-37-0230 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) 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 8/22/2018 Special Magistrate Minutes August 22, 2018 C. 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 Imposing Penalty/Lien was issued for $50.00 a day effective August 23, 2018 until in compliance or the cap of $10,000.00 is reached. D. 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 Imposing Penalty/Lien was issued for $50.00 a day effective September 27, 2018 until in compliance or the cap of $10,000.00 is reached. City of Deltona Page 3 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 E. 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. (Dennis Mues) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. Phillip V. Raghunanan was present. F. 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) Case was continued until the September 26, 2018 Code Hearing. City of Deltona Page 4 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 G. 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 sanitary condition, and in good repair. (Heather Murray) Order Imposing Penalty/Lien was issued for $100.00 a day effective September 27, 2018 until in compliance or the cap of $20,000.00 is reached. H. 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) Order of Non Compliance with a Hearing to Impose Fine at the September 26, 2018 Code Hearing. City of Deltona Page 5 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 I. DEL-18-132 Barry Kaleky 737 Waterfall Cir., Deltona, Florida 32725 Property Address: 737 Waterfall Cir., Deltona, Florida 32725 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. Barry Kaleky was present. 10. NEW BUSINESS: A. 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 September 26, 2018 Code Hearing. City of Deltona Page 6 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 B. DEL-18-134 Allan D. Sheldon 1109 Barbados St., Deltona, Florida 32725-8369 Property Address: 1109 Barbados St., Deltona, Florida 32725 Parcel No.: 8130-27-08-0030 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. (Danny Ron) Withdrawn. C. DEL-18-136 Blue Island Builders LLC 1593 Piedmont Dr., Deltona, Florida 32725 Property Address: 1593 Piedmont Dr., Deltona, Florida 32725 Parcel No.: 8130-03-25-0130 Violation: City of Deltona Ordinance, Section 38-152. - Discharges to the city stormwater system. (c) Any person determined by the city to be responsible for a discharge contributing to the failure of the city's MS4 shall provide corrective measures as determined necessary by the city official and/or designee, and shall be liable for resulting fines and damage. (Steve Braukhoff) Case was amended in open court by Officer Braukhoff to reflect correct violation address of 1585 Piedmont Dr., Deltona, Florida, 32725, Parcel No.: 8130-03-25-0120. Order of Non Compliance with a Hearing to Impose Fine at the September 26, 2018 Code Hearing. City of Deltona Page 7 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 D. DEL-18-137 Loke D. Mangar 1207 W. Wellington Dr., Deltona, Florida 32725 Property Address: 1207 W. Wellington Dr., Deltona, Florida 32725 Parcel No.: 8130-01-07-0230 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 October 24, 2018 Code Hearing. E. DEL-18-138 Loke D. Mangar 1207 W. Wellington Dr., Deltona, Florida 32725 Property Address: 1207 W. Wellington Dr., Deltona, Florida 32725 Parcel No.: 8130-01-07-0230 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. (Danny Ron) Withdrawn. City of Deltona Page 8 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 F. DEL-18-140 Beverly Fannin 3520 Apple Orchard Dr., Deltona, Florida 32738-9413 Property Address: 3520 Apple Orchard Dr., Deltona, Florida 32738 Parcel No.: 8130-62-05-0030 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 shed permit. (Dennis Mues) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. City of Deltona Page 9 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 B. DEL-18-135 Repeat of DEL-16-029 Rose Rivera 2659 Gramercy Dr., Deltona, Florida 32738 Property Address: 3223 Sawyer Cir., Deltona, Florida 32738 Parcel No.: 8130-35-16-0130 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) Order Imposing Penalty/Lien was issued for $100.00 a day effective August 23, 2018 until in compliance or the cap of $20,000.00 is reached. C. DEL-18-139 Repeat of DEL-17-204 & DEL-15-156 Imre & Juliana Szucs 1173 W. Wellington Dr., Deltona, Florida 32725-7030 Property Address: 1173 W. Wellington Dr., Deltona, Florida 32725 Parcel No.: 8130-01-07-0270 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 October 24, 2018 Code Hearing. Imre Szucs was present. D. DEL-18-141 Repeat of DEL-17-175 Joseph L. Lowe 2201 Clearwater Dr., Deltona, Florida 32738-5049 Property Address: 2201 Clearwater Dr., Deltona, Florida 32738 Parcel No.: 8130-45-47-0080 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. (Marion Quinones) Withdrawn. City of Deltona Page 10 Printed on 8/22/2018 Special Magistrate Minutes August 22, 2018 E. DEL-18-142 Repeat of DEL-17-174 Joseph L. Lowe 2201 Clearwater Dr., Deltona, Florida 32738-5049 Property Address: 2201 Clearwater Dr., Deltona, Florida 32738 Parcel No.: 8130-45-47-0080 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. (Marion Quinones) Withdrawn. 12. DISCUSSION: 13. ADJOURNMENT: 6:07 p.m. City of Deltona Page 11 Printed on 8/22/2018