Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, May 22, 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. Enforcement Services Supervisors Richard Lovett and Mark Gibson were 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: The minutes of the Special Magistrate Hearing for May 1st, 2019 were approved by the Special Magistrate, William E. Reischmann Jr. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under New Business case DEL-19-073 was withdrawn, and case DEL-19-075 is continued. 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-19-034 (MASSEY) City of Deltona Page 1 Printed on 8/12/2020 Special Magistrate Minutes May 22, 2019 Pete Skaggs 1229 Azora Drive, Deltona, Florida 32725 Property Address: 1229 Azora Drive 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- (Roof in disrepair) – Officer Danny Ron Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of February 27, 2019 was sufficient to fully correct the violation, a fine in the amount of $7,000.00, representing seventy (70) days at $100.00 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. B. DEL-19-035 (MASSEY) Pete Skaggs 1229 Azora Drive, Deltona, Florida 32725 Property Address: 1229 Azora Drive 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 – (Repair or remove shed) – Officer Danny Ron Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of February 27, 2019 was sufficient to fully correct the violation, a fine in the amount of $3,500.00, representing seventy (70) days at $50.00 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. C. DEL-19-041 (MASSEY) Alton & Cheryl Shady 1969 Eustace Avenue, Deltona, Florida 32725 Property Address: 1969 Eustace Avenue 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 (Accessory Structure in disrepair) – Officer Steve Braukhoff Special Magistrate found the Respondents in compliance with the City of Deltona Ordinance, Section 18-5 which adopting the latest edition of the International Property Maintenance Code, Section 302.7, and based on the evidence the time provided to comply in the prior order of February 27, 2019 was insufficient to correct the violation, a fine will not City of Deltona Page 2 Printed on 8/12/2020 Special Magistrate Minutes May 22, 2019 be imposed. Alton Shady was present. 10. NEW BUSINESS: A. Del-19-063 Barnes Albert J JR ETAL, Swain Lyn Rae, Barnes Kasey Lee, Barnes Deborah M EST 208 Canterclub Trl, Longwood, Florida 32779 Property Address: 1068 E. Normandy Blvd. Parcel No.: 8130-05-72-0080 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.7 (Fence in disrepair) – Officer Danny Ron Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than fourteen (14) days after this Order is entered in writing; that in the event the Respondents do 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. B. DEL-19-067 Gary R. & Peggy Hancock 3157 Utah Drive, Deltona, Florida Property Address: 3157 Utah Drive, Deltona, Florida 32738 Parcel No.: 8130-54-16-0030 Violation: City of Deltona Ordinance Section. 58-31 (Use of Right-of-Way) – Officer Dennis Mues Special Magistrate found the Respondents to be in compliance, per the testimony and Affidavit of Compliance furnished by Officer Dennis Mues, and this case is now dismissed and fines were not levied. C. DEL-19-070 Emerson Family Revoc Trust 2271 Weatherford Drive, Deltona, Florida Property Address: 2271 Weatherford Drive Parcel No.: 8130-41-06-0010 Violation: City of Deltona Ordinance, Section 110-806 – (Fence height) – Officer Marion Quinones Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than thirty (30) days after this Order is entered in City of Deltona Page 3 Printed on 8/12/2020 Special Magistrate Minutes May 22, 2019 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. Richard Emerson was present. D. DEL-19-073 Deltona Square LLC 577 Deltona Boulevard, Deltona, Florida 32725 Property Address: 577 Deltona Boulevard, Suite 8 Parcel No.: 8036-05-09-0040 Violation: City of Deltona Ordinance, Chapter 22, Section 22-4 (No Business Tax Receipt) – Officer Julie Hughes Withdrawn. E. DEL-19-074 Emerson Family Revoc Trust 2271 Weatherford Drive, Deltona, Florida 32738 Property Address: 2271 Weatherford Drive Parcel No.: 8130-41-06-0010 Violation: City of Deltona Ordinance, Sec. 38-152 – (Grading Right-of-way) - Officer Marion Quinones Case was continued by Special Magistrate Reischmann until June 26, 2019 Code Hearing. F. DEL-19-075 Dalynes Cancel 901 Humphrey Boulevard, Deltona, Florida 32738 Property Address: 901 Humphrey Blvd. Parcel No.: 8130-44-16-0010 Violation: City of Deltona Ordinance, Section 37-4 – (Tarp on roof for a period in excess of 60 days) - Officer Marion Quinones Case was continued by Officer Quinones until June 26, 2019 Code Hearing. G. DEL-19-076 Roslyn Chalwell 2721 W. Covington Drive, Deltona, Florida 32738 Property Address: 2721 W. Covington Drive Parcel No.: 8130-32-52-0070 Violation: City of Deltona Ordinance, Section 66-56 (inoperable vehicles) – Officer Julie Hughes City of Deltona Page 4 Printed on 8/12/2020 Special Magistrate Minutes May 22, 2019 Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than thirty (30) 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. Mr. Chalwell was present. H. DEL-19-077 Roslyn Chalwell 2721 W. Covington Drive, Deltona, Florida 32738 Property Address: 2721 W. Covington Drive Parcel No.: 8130-32-52-0070 Violation: City of Deltona Ordinance, Section 66-18(h) (improper parking) – Officer Julie Hughes Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than thirty (30) 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. Mr. Chalwell was present. I. DEL-19-078 LGI Homes Florida LLC 1450 Lake Robbins Drive Ste. 430, The Woodlands, TX 77380 Property Address: 512 Antoinette Street Parcel No.: 8130-04-18-0080 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No permit for lot clearing) – Officer Isiah Pitts Case was continued by Special Magistrate Reischmann until June 26, 2019 Code Hearing. J. DEL-19-079 Schreckenghost D. A. TR 1761 W Acadian Dr. Land Trust PO Box 390907, Deltona, Florida 32739 Property Address: 1761 W. Acadian Drive Parcel No.: 8130-15-09-0010 Violation: City of Deltona Ordinance, Section 37-4 (Tarp on roof for a period in excess of 60 days) – Officer Steve Braukhoff Case was continued by Special Magistrate Reischmann until June 26, 2019 Code Hearing. City of Deltona Page 5 Printed on 8/12/2020 Special Magistrate Minutes May 22, 2019 K. DEL-19-080 FC Encore Deltona LLC 3500 Lenox Rd NE Ste 510, Atlanta, GA 30326 Property Address: 1851 Elkcam Blvd. Parcel No.: 8130-15-00-0030 Violation: City of Deltona Ordinance, Sec. 98-77 (Damage to Storm Water System) – Officer Julie Hughes Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than four (4) months 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. Mr. Charles Grief Jr., Mr. John Robbins and Mr. John Bradley were present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: The meeting adjourned at 7:28 p.m. City of Deltona Page 6 Printed on 8/12/2020