Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, October 23, 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. Deputy Public Works Director Phyllis Wallace was present. 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: Presented by William E. Reischmann 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 March 27, 2019 were approved by the Special Magistrate, William E. Reischmann Jr. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the New Business cases DEL-19-109, DEL19-117, DEL-19-118, DEL-19-120, DEL-19-121, DEL-19-123, DEL-19-124 and DEL-19-125 were withdrawn. City of Deltona Page 1 Printed on 8/13/2020 Special Magistrate Minutes October 23, 2019 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate William E. Reischmann Jr. swore in all that were present to testify. 9. OLD BUSINESS: A. DEL-19-080 MASSEY Property Address: 1851 Elkcam Boulevard Property Owner: FC Encore Deltona LLC 3500 Lenox Road NE Ste 510, Atlanta, GA 30326 Parcel No.: 813015000030 Violation: City of Deltona Ordinance, Section 98-77 (Damage to Stormwater Drainage) – 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 22nd, 2019 was insufficient to fully correct the violation, a fine will not be imposed; that Respondent remains in violation of City Code and that the Respondent correct the violation no later than forty-five (45) days after October 23, 2019; that in the event the Respondent does not comply with this 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 the Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Jon Robbins, Director of Construction for Consulate Health Care was present. B. DEL-19-082 MASSEY Property Address: 572 Leland Drive Property Owner: Brian R. Owens 572 Leland Drive, Deltona, Florida 32725 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) 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 June 26, 2019 was sufficient to fully correct the violation, a fine in the amount of $1,500.00, representing seventy (30) 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. Mr. Owens was not present. City of Deltona Page 2 Printed on 8/13/2020 Special Magistrate Minutes October 23, 2019 10. NEW BUSINESS: A. DEL-19-109 Property Address: 1333 N Fowler Drive Property Owner: Sam Florio TR 2600 Cone Lake Drive, New Smyrna Beach, Fl 32168 Parcel No.: 813010240130 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Metal Panels) – Officer Steve Braukhoff Withdrawn. B. DEL-19-111 Property Address: 1200 Deltona Boulevard Suite 61-62 Property Owner: Oldsmar Retail Development LLC., c/o Mr. Frank Silverman 3662 Avalon Park E Blvd., Orlando, Florida 32828 Parcel No.: 813006000020 Violation: City of Deltona Code of Ordinance, Sec. 22-4 (No Business Tax License) – Officer Steve Braukhoff Case was continued by Special Magistrate Reischmann until November 20, 2019 Code Hearing. Mr. Frank Silverman was present. C. DEL-19-116 Property Address: 1761 Mayhill Street Property Owner: Darha Lynn Brofford 1761 Mayhill Street, Deltona, Florida 32738-4176 Parcel No.: 813043130120 Violation: City of Deltona Ordinance, Section 18-101 (House in Disrepair - Fire Damage) – Officer Marion Quinones 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 $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. Darha Lynn Brofford was present. City of Deltona Page 3 Printed on 8/13/2020 Special Magistrate Minutes October 23, 2019 D. DEL-19-117 Property Address: 800 Humphrey Boulevard Property Owner: Damon Vermillion 800 Humphrey Boulevard, Deltona, Florida 32738 Parcel No.: 813041560120 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 Marion Quinones Withdrawn. E. Del-19-118 Property Address: 1855 Laredo Drive Property Owner: Miguel A Rivera Negron and Gloralys Feliciano Santiago 1855 Laredo Drive, Deltona, Florida 32738 Parcel No.: 813068140110 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Pool) – Heather Murray Withdrawn. F. DEL-19-119 Property Address: 1718 Haverhill Drive Property Owner: Michael Sowinski 1718 Haverhill Drive, Deltona, Florida 32725 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 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 $ 250.00 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. Sowinski was not present. G. DEL-19-120 Property Address: 1717 Catalina Boulevard Property Owner: Florida Conference Assoc of Seventh Day-Adventists 351 S SR 434, Altamonte Springs, Florida 32714 City of Deltona Page 4 Printed on 8/13/2020 Special Magistrate Minutes October 23, 2019 Parcel No.: 813039000070 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Sound Booth) – Officer Dennis Mues Withdrawn. H. DEL-19-121 Property Address: 813 Deltona Boulevard Property Owner: 813 Deltona Blvd LLC 2441 Sleepy Oak Lane, Deland, Florida, 32720 Parcel No.: 813022330070 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Renovation) – Officer Dennis Mues Withdrawn. I. DEL-19-123 Property Address: 2123 Saxon Boulevard Property Owner: Expert Car Care 3 LLC 1009 Hill Street, New Smyrna Beach, Florida 32169 Parcel No.: 802301120080 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 Steve Braukhoff Withdrawn. J. DEL-19-124 Property Address: 1960 Quintillis Court Property Owner: Alexandra & Christos Roussakos 1960 Quintillis Court, Deltona, Florida 32738-2997 Parcel No.: 813045070030 Violation: City of Deltona Ordinance, Section 58-31(a) (Use of City Right-Of-Way) – Officer Julie Hughes Withdrawn. K. DEL-19-125 Property Address: 1801 E. Normandy Boulevard Property Owner: Patricia Elliot 1801 E. Normandy Boulevard, Deltona Florida, 32725 City of Deltona Page 5 Printed on 8/13/2020 Special Magistrate Minutes October 23, 2019 Parcel No.: 813011150110 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Shed) – Officer Julie Hughes Withdrawn. 11. OTHER AND REPEAT BUSINESS: A. DEL-19-122 Property Address: 323 Diamond Street Property Owner: Natalie Coppin PO Box 6251, Deltona, Florida 32728 Parcel No.: 813006050080 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 forty-five (45) 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. Natalie Coppin was present and Dianne Grant presented her testimony via telephone. 12. DISCUSSION: 13. ADJOURNMENT: 6:42 p.m. City of Deltona Page 6 Printed on 8/13/2020