Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, February 27, 2019 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:30 p.m. by Special Magistrate Reischmann. 2. ROLL CALL: Special Magistrate William E. Reischmann Jr. present. Hearing Clerk Angela Meyer was present. Building Official Steve Roland was present. Enforcement Services Supervisors Richard Lovett and Mark Gibson were present. Fire Inspector Lisa Nadeau was present. 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: Presented by William E. Rieschmann Jr. Mr. Reischmann has taken Judicial Notice of all City of Deltona Ordinances, State Statutes, Florida Building and Fire Codes and the International Property Maintenance Code. 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. 6. APPROVAL OF AGENDA & MINUTES: A. Meeting Minutes of January 23, 2019 The minutes of the Special Magistrate Hearing for January 23, 2019 were approved by the Special Magistrate, William E. Reischmann Jr. 7. ANNOUNCEMENTS: The Supervisor of the Building and Enforcement Services Department stated that under the New Business, Cases DEL-19-037 & DEL-19-038 were withdrawn, and cases DEL-19-032, DEL-19-040, DEL-19-042 & DEL-19-043 are continued. 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate William E. Reischmann Jr. swore in all that were present to testify. City of Deltona Page 1 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 9. OLD BUSINESS: A. DEL-19-026 Anthony & Janis Schiavo 913 Vicksburg St. Property Address: 913 Vicksburg St. Parcel No. 8130-08-23-0370 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. (Stve Braukhoff) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than ten (10) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 50.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Janis Schiavo was present. 10. NEW BUSINESS: A. DEL-19-032 Reoco Inc. % Wells Fargo Home Mortgage 3476 Stateview Blvd., Fort Mill, SC 29715 Property Address: 511 Gaspar Avenue, Deltona, Forida 32725 Parcel No. 8130-12-21-0040 Violation: City of Deltona Ordinance, Section 37-10. - Public nuisance. All blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. (Will Fernandez) Case was continued by Officer Fernandez until March 27, 2019 Code Hearing. City of Deltona Page 2 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 B. DEL-19-033 Laura D Ligenzowski 1660 Foothill Terrace, Deltona, Florida 32725 Property Address: 1660 Foothill Terrace, Deltona, Florida 32725 Parcel No.: 8130-72-08-0050 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.(Will Fernandez) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than fourteen (14) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 50.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Laura D. Ligenzowski presented testimony via telephone. C. DEL-19-034 Pete Skaggs 1229 Azora Drive, Deltona, Florida, 32725 Property Address: 1229 Azora Drive, Deltona, Florida, 32725 Parcel No:.8130-07-37-0110 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. (Will Fernandez) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than fourteen (14) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 100.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. D. DEL-19-035 Pete Skaggs 1229 Azora Drive, Deltona, Florida, 32725 City of Deltona Page 3 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 Property Address: 1229 Azora Drive, Deltona, Florida, 32725 Parcel No. 8130-07-37-0110 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) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than fourteen (14) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 50.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. E. DEL-19-037 John J Bentley 2563 Treehaven Drive, Deltona, Florida, 32738 Property Address: 1586 Ross Drive, Deltona, Florida, 32738 Parcel No. 8130-31-07-0090 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. (Jeffery Scott) Withdrawn. F. DEL-19-038 Marianela Fernandez Etal, Antonio Rodriguez Perez & Rolando Fernandez 275 Rollingwood Trl., Altamonte Springs, Florida 32714 Property Address: 831 Maybrook Drive, Deltona, Florida, 32725 Parcel No.: 8130-66-13-0280 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section City of Deltona Page 4 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 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. G. DEL-19-039 Natalie Coppin P. O. Box 6251, Deltona, Florida, 32728 Property Address: 323 Diamond Street, Deltona, Florida 32725 Parcel No.: 8130-60-50-0080 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) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than fourteen (14) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 50.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Natalie Coppin was present. H. DEL-19-040 John E Timmons 114 Los Arbor Dr., Deland, Florida, 32724 Property Address: 3232 Tealwood Terrace, Deltona, Florida 32725 Parcel No.: 8105-19-00-1160 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. (Steve Braukhoff) Case was continued by Officer Braukhoff until March 27, 2019 Code Hearing. I. DEL-19-041 City of Deltona Page 5 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 Alton & Cheryl Shady 1969 Eustace Avenue, Deltona, Florida 32725 Property Address: 1969 Eustace Avenue, Deltona, Florida 32725 Parcel No.: 8130-15-13-0060 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.(Steve Braukhoff) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than sixty (60) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 25.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Alton Shady and Michelle Bohler were present. J. DEL-19-042 Sam Florio TR 2600 Cone Lake Drive, New Smyrna Beach, Florida, 32168 Property Address: 1333 N Fowler Drive, Deltona, Florida 32725 Parcel No.: 8130-10-24-0130 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. (Steve Braukhoff) Case was continued by Officer Braukhoff until March 27, 2019 Code Hearing. K. DEL-19-043 Florida District Church if the Nazarene 4720 Cleveland Heights # 303, Lakeland, Florida, 33813 Property Address: 600 Fort Smith Blvd., Deltona, Florida, 32738 Parcel No.: 8134-00-00-0042 City of Deltona Page 6 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 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 by Officer Mues until March 27, 2019 Code Hearing. L. DEL-19-044 Pine Ridge Fellowship United Methodist Church Inc 1045 E Normandy Blvd., Deltona, Florida, 32725 Property Address: 1045 E Normandy Blvd., Deltona, Florida 32725 Parcel No.: 8130-05-11-0010 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) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than twenty-one (21) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 25.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Pastor Josias Andujar was present. M. DEL-19-045 Pine Ridge Fellowship United Methodist Church Inc 1045 E Normandy Blvd., Deltona, Florida, 32725 Property Address: 1045 E Normandy Blvd., Deltona, Florida 32725 Parcel No.: 8130-05-11-0010 City of Deltona Page 7 Printed on 8/12/2020 Special Magistrate Minutes February 27, 2019 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) Special Magistrate found the Respondent in violation of City Code as charged; that the Respondent correct the violation no later than seven (7) days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $ 25.00 will be imposed for each and every day the violation continues past the aforestated date; that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Pastor Josias Andujar was present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6:44 p.m.. City of Deltona Page 8 Printed on 8/12/2020