Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, September 26, 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. PLEDGE TO THE FLAG: 3. ROLL CALL: Special Magistrate Charles Cino present. Hearing Clerk Dana Johnson present. Enforcement Services Supervisor Mark Gibson was present. 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 August 22, 2018 were approved by the Special Magistrate, Charles Cino. A. Meeting Minutes of August 22, 2018 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under Old Business, case(s) DEL-18-126 and DEL-18-128 are/were in compliance, and under New Business, case(s) DEL-18-151, DEL-18-159, and DEL-18-160 are/were withdrawn, and case(s) DEL-18-146 is/was found in non compliance at time of violation, came into compliance, and case dismissed. 8.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 10/4/2018 Special Magistrate Minutes September 26, 2018 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) Order Imposing Penalty/Lien was issued for $100.00 a day effective October 25, 2018 until in compliance or the cap of $10,000.00 is reached. B. 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) Fourth Amended Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. Rory Litzinger was present. City of Deltona Page 2 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 C. 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) Second Amended Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. Dominic and Peggy Lattanzio were present. D. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. Dominic and Peggy Lattanzio were present. City of Deltona Page 3 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 E. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. F. DEL-18-126 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) 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 10/4/2018 Special Magistrate Minutes September 26, 2018 G. 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) Affidavit of Compliance submitted by the officer and an Order of Compliance was signed by the Special Magistrate. H. DEL-18-136 Blue Island Builders LLC 2500 Curry Ford Rd. Ste. 7, Orlando, Florida 32806 Property Address: 1585 Piedmont Dr., Deltona, Florida 32725 Parcel No.: 8130-03-25-0120 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) Order of Non Compliance stating City will make all necessary repairs to correct the violation and then lien the property for the amount owed for those repairs signed by Special Magistrate. 10. NEW BUSINESS: City of Deltona Page 5 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 A. DEL-18-143 Jennifer Pugliese 2938 Clovis Dr., Deltona, Florida 32738 Property Address: 2938 Clovis Dr., Deltona, Florida 32738 Parcel No.: 8130-41-43-0070 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. (Isiah Pitts) Found to be Repeat case, and Order to Abate was issued by the Special Magistrate effective September 26, 2018. B. DEL-18-144 Marlene A. Mudahy 6263 NW 201st Terr., Miami Lakes, Fl 33015 Property Address: 1176 Bailey Ave., Deltona, Florida 32725 Parcel No.: 8130-07-83-0190 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. City of Deltona Page 6 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 C. DEL-18-146 TRSTE LLC TR 924 W. Colonial Dr., Orlando, Florida 32804 Property Address: 2098 Galveston Ave., Deltona, Florida 32725 Parcel No.: 8013-03-15-0010 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. (Julie Hughes) Found to be in Non-Compliance at the time of the violation, executed actions to come into Compliance and case was dismissed. D. DEL-18-147 Clayton A. Perry 830 Tulip St., Deltona, Florida 32725-3518 Property Address: 830 Tulip St., Deltona, Florida 32725 Parcel No.: 8130-03-46-0030 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. Clayton Perry was present. City of Deltona Page 7 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 E. DEL-18-148 Clayton A. Perry 830 Tulip St., Deltona, Florida 32725-3518 Property Address: 830 Tulip St., Deltona, Florida 32725 Parcel No.: 8130-03-46-0030 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 October 24, 2018 Code Hearing. Clayton Perry was present. F. DEL-18-149 Clayton A. Perry 830 Tulip St., Deltona, Florida 32725-3518 Property Address: 830 Tulip St., Deltona, Florida 32725 Parcel No.: 8130-03-46-0030 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. (Julie Hughes) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. Clayton Perry was present. City of Deltona Page 8 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 G. DEL-18-150 Clayton A. Perry 830 Tulip St., Deltona, Florida 32725-3518 Property Address: 830 Tulip St., Deltona, Florida 32725 Parcel No.: 8130-03-46-0030 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 October 24, 2018 Code Hearing. Clayton Perry was present. H. DEL-18-151 Duwayne H. Dukes 1754 Gatewood Ave., Deltona, Florida 32738 Property Address: 1754 Gatewood Ave., Deltona, Florida 32738 Parcel No.: 8130-73-07-0070 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. (Jeffery Scott) Withdrawn. City of Deltona Page 9 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 I. DEL-18-152 Maria C. Vega 1900 Montecino Ave., Deltona, Florida 32738 Property Address: 2048 Laredo Dr., Deltona, Florida 32738 Parcel No.: 8113-02-02-0050 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 October 24, 2018 Code Hearing. Maria C. Vega and David Almora (son and translator) were present. J. DEL-18-153 Joseph, Jr., & Camille Tomarazzo 2798 Gramercy Dr., Deltona, Florida 32738 Property Address: 2798 Gramercy Dr., Deltona, Florida 32738 Parcel No.: 8130-32-77-0120 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. (Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. City of Deltona Page 10 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 K. DEL-18-155 Joseph, Jr., & Camille Tomarazzo 2798 Gramercy Dr., Deltona, Florida 32738 Property Address: 2798 Gramercy Dr., Deltona, Florida 32738 Parcel No.: 8130-32-77-0120 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.2, which states that all private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barriers away from the pool. (Heather Murray) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. L. DEL-18-157 FL LOT CO LLC 822 A1A N. Ste. 100, Ponte Vedra Beach, FL 32082 Property Address: 721 Waterfall Cir., Deltona, Florida 32725 Parcel No.: 8130-28-20-0050 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. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. Jason Horrocks (representing the builder) was present. City of Deltona Page 11 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 M. DEL-18-158 FL LOT CO LLC 822 A1A N. Ste. 100, Ponte Vedra Beach, FL 32082 Property Address: 721 Waterfall Cir., Deltona, Florida 32725 Parcel No.: 8130-28-20-0050 Violation: City of Deltona Ordinance, Section 38-153. - Stormwater discharges from industrial, commercial and construction activities. (a) Stormwater discharges from industrial and commercial activities shall be treated or managed on-site, in accordance with appropriate federal, state, or local permits and regulations, prior to discharge to the city's MS4. (c) Construction activity which is not defined as significant is still characterized as an illicit connection or illicit discharge if the activity causes an impairment of the operation of the MS4 or contributes to the failure of the MS4 to meet any local, state or federal requirements, including, but not limited to NPDES permits. (Danny Ron) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. Jason Horrocks (representing the builder) was present. Itemized bill submitted in the amount of $1336.75 to be paid by the buildling or a lien will be placed on the property. N. DEL-18-159 Vincent Cardaropoli 230 E. Roberts St., Orange City, Florida 32763 Property Address: 2425 Adams Ave., Deltona, Florida 32738 Parcel No.: 8130-74-05-0090 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 12 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 O. DEL-18-160 Daniel D. Alvarez 2452 Weatherford Dr., Deltona, Florida 32738 Property Address: 905 Merrimac St., Deltona, Florida 32725 Parcel No.: 8130-30-16-0020 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. P. DEL-18-161 Adam J. Davies 1093 E. Normandy Blvd., Deltona, Florida 32725 Property Address: 1093 E. Normandy Blvd., Deltona, Florida 32725 Parcel No.: 8130-05-73-0120 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. (William Fernandez) Order of Non Compliance with a Hearing to Impose Fine at the October 24, 2018 Code Hearing. 11. OTHER AND REPEAT BUSINESS: City of Deltona Page 13 Printed on 10/4/2018 Special Magistrate Minutes September 26, 2018 A. DEL-18-154 Repeat of DEL-16-241 Joseph Jr., & Camille Tomarazzo 2798 Gramercy Dr., Deltona, Florida 32738 Property Address: 2798 Gramercy Dr., Deltona, Florida 32738 Parcel No.:8130-32-77-0120 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 Repeat Violator for $250.00 a day (per case) effective July 23, 2018 until in compliance or the cap of $30,000.00 (per case) is reached. B. DEL-18-156 Repeat of DEL-17-095 Joseph Jr., & Camille Tomarazzo 2798 Gramercy Dr., Deltona, Florida 32738 Property Address: 2798 Gramercy Dr., Deltona, Florida 32738 Parcel No.:8130-32-77-0120 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) Order Imposing Penalty/Lien was issued for Repeat Violator for $250.00 a day (per case) effective July 23, 2018 until in compliance or the cap of $30,000.00 (per case) is reached. 12. DISCUSSION: 13. ADJOURNMENT: 6:32 p.m. City of Deltona Page 14 Printed on 10/4/2018