Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, June 26, 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 Supervisor Mark Gibson 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: The minutes of the Special Magistrate Hearing for May 22, 2019 were approved by the Special Magistrate, William E. Reischmann Jr. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the New Business, cases DEL-19-081 & DEL-19-084 were withdrawn and DEL-19-89 is continued and under Other and Repeat Business, cases DEL-19-074, DEL19-078 & DEL-19-079 were withdrawn. 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate William E. Reischmann Jr. swore in all that were present to testify. 9. OLD BUSINESS: DEL-18-048 (MASSEY) City of Deltona Page 1 Printed on 8/13/2020 Special Magistrate Minutes June 26, 2019 Elijah Oliver Jr. 1062 Union Hall St., Jamaica, NY 11433 Property Address: 2690 Captain Drive Parcel No. 8130-54-21-0090 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 Heather Murray 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 March 27, 2019 was sufficient to fully correct the violation, a fine in the amount of $3,300.00, representing seventy (33) 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. DEL-19-061 (MASSEY) Michael Sowinski 1718 Haverhill Drive, Deltona, Florida 32725 Property Address: 1718 Haverhill Drive Parcel No. 8130-72-19-0080 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 Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of March 27, 2019 was sufficient to fully correct the violation, a fine in the amount of $4,050.00, representing seventy (81) 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. DEL-19-068 (MASSEY) LCG Deltona Homes LLC 5560 Curry Ford Road, Orlando, Florida 32822 Property Address: 660 Deltona Boulevard Parcel No.: 8036-05-01-0060 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Garage Enclosure) – Officer Dennis Mues 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 May 1, 2019 was sufficient to fully correct the violation, a fine in the amount of $4,900.00, representing seventy (49) days at $100.00 per day (consistent with prior Order), The fine will continue to City of Deltona Page 2 Printed on 8/13/2020 Special Magistrate Minutes June 26, 2019 accrue for each and every day thereafter that there continues to be non-compliance with the City Code. DEL-19-076 (MASSEY) 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 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 May 22, 2019 was sufficient to fully correct the violation, a fine in the amount of $50.00 is imposed one day the violation continued (consistent with prior Order) effective June 26, 2019. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. DEL-19-077 (MASSEY) 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 and based on the evidence that the time provided to comply in the prior Order of May 22, 2019 was sufficient to fully correct the violation, a fine in the amount of $50.00 is imposed one day the violation continued (consistent with prior Order) effective June 26, 2019. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. 10. NEW BUSINESS: 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 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 City of Deltona Page 3 Printed on 8/13/2020 Special Magistrate Minutes June 26, 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. Dalynes Cancel was present. DEL-19-081 SJWR LLC 1903 Redwood Grove Ter., Lake Mary, Florida 32746 Property Address: 3337 Buckland Street Parcel No.: 8130-47-04-0070 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1 (Unsanitary Pool) – Officer Julie Hughes Withdrawn. DEL-19-082 Brian R. Owens 572 Leland Drive, Deltona, Florida 32725-8253 Property Address: 572 Leland Drive Parcel No.: 8130-12-20-0010 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, that the Respondent correct the violation no later than ninety (90) 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. Brian R. Owens was present. DEL-19-084 Martin M. & Yolanda Pedroza 1612 Sumatra Avenue, Deltona, Florida 32725 Property Address: 1722 Ingram Terrace Parcel No.: 8130-16-02-0060 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit to Remove Trees) – Officer Isiah Pitts Withdrawn. DEL-19-085 City of Deltona Page 4 Printed on 8/13/2020 Special Magistrate Minutes June 26, 2019 IH3 Property Florida LP in care of % Altus Group US 1717 Main Street Suite 2000, Dallas, TX 75201 Property Address: 3266 Quail Drive Parcel No.: 8130-35-25-0120 Violation: City of Deltona Ordinance, Sec. 38-113 (Damage to City Right-of-Way) – Officer Heather Murray 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 $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. DEL-19-086 Katherine Lebron 2942 Elkcam Boulevard, Deltona, Florida 32738 Property Address: 2942 Elkcam Boulevard Parcel No.: 8130-74-33-0160 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 Heather Murray 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. DEL-19-087 Rose Rivera 2659 Gramercy Drive, Deltona, Florida 32738 Property Address: 3223 Sawyer Circle Parcel No.: 8130-35-16-0130 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13 – (Window in Disrepair) – Officer Heather Murray 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 City of Deltona Page 5 Printed on 8/13/2020 Special Magistrate Minutes June 26, 2019 Officer to verify compliance with this order. DEL-19-088 Christopher M. Hunt 2531 Ludlow Street, Deltona, Florida 32738 Property Address: 2531 Ludlow Street Parcel No.: 8130-33-07-0130 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 Heather Murray 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. Christopher M. Hunt was present. DEL-19-089 Vincik Group LLC 749 Crawford Court, Deltona, Florida 32725 Property Address: 749 Crawford Court Parcel No.: 8130-28-14-0100 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 Dennis Mues Case was continued by Officer Mues until July 24, 2019 Code Hearing. DEL-19-090 Sheree L. & Charles L. Stewart 3752 Millstone Drive, Casselberry, Florida 32707 Property Address: 1053 E. Lombardy Drive Parcel No.: 8130-02-33-0260 Violation: City of Deltona Ordinance, Section 66-18 (e) – (Improper Parking) – 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 in compliance and dismissed and fines were not levied. DEL-19-091 Pine Ridge Fellowship United Methodist Church 1045 E. Normandy Boulevard, Deltona, Florida 32725 City of Deltona Page 6 Printed on 8/13/2020 Special Magistrate Minutes June 26, 2019 Property Address: 1045 E. Normandy Boulevard 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 (No permit for Exterior Door) – 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 in compliance and dismissed and fines were not levied. DEL-19-092 Pine Ridge Fellowship United Methodist Church 1045 E. Normandy Boulevard, Deltona, Florida 32725 Property Address: 1045 E. Normandy Boulevard 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 (No Permit for Interior Stage) – Officer Dennis Mues 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 $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. DEL-19-093 Circle K Stores Inc. 1130 W Warner Road, Tempe, AZ 85284 Property Address: 819 Deltona Boulevard Parcel No.: 8130-22-38-0020 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Signs) – 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. Christian Viala, representing Circle K, was present. 11. OTHER AND REPEAT BUSINESS: City of Deltona Page 7 Printed on 8/13/2020 Special Magistrate Minutes June 26, 2019 DEL-19-074 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, Sec. 38-152 – (Grading to City Right-of-Way) – Officer Marion Quinones Withdrawn. 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 Withdrawn. 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 Withdrawn. 12. DISCUSSION: 13. ADJOURNMENT: 6:53 p.m. City of Deltona Page 8 Printed on 8/13/2020