Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, January 22, 2020 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. Planning and Development Services Director Ron Paradise 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 January 22, 2020 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: None. 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate William E. Reischmann swore in all that were present to testify. City of Deltona Page 1 Printed on 8/12/2020 Special Magistrate Minutes January 22, 2020 9. OLD BUSINESS: DEL-18-098 PROPERTY ADDRESS: 3042 Blaine Circle Property Owner: Tammy F. Coffin 3042 Blaine Circle, Deltona, Florida 32738 Parcel No.: 8130-43-88-0270 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Front Porch) – 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 January 23, 2019 and the City Commission's decision to deny Respondent's requested variance on November 4th, 2019, was sufficient to fully correct the violation, a fine in the amount of $4,900.00, representing forty-nine (49) days at $100.00 per day is imposed starting December 4, 2019. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Tammy Coffin and Dave Heisel were present. DEL-19-112 Property Address: 1510 HOWLAND BLVD. Property Owner: William Waldman 1510 Howland Boulevard, Deltona, Florida 32738 Parcel No.: 813043620250 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Accessory Structure) – Officer Heather Murray Case was continued by Special Magistrate Reischmann until February 26, 2020 Code Hearing. William Waldman was present. DEL-19-127 Property Address: 3032 N. COVINGTON DRIVE Property Owner: David E. Pippin TR and Covington Venture Land Trust 3032 N. Covington Drive, Deltona, Florida 32738 City of Deltona Page 2 Printed on 8/12/2020 Special Magistrate Minutes January 22, 2020 Parcel No.: 813032990220 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 Heather Murray Special Magistrate found the Respondents in compliance with the City of Deltona Ordinance and based on the evidence the time provided to comply in the prior Order of November 20, 2019 was insufficient to correct the violation, a fine will not be imposed. No one representing the Respondents were present. DEL-19-128 Property Address: 1032 PINDER DRIVE Property Owner: West & West Properties LLC 830 Dyson Drive, Winter Springs, Florida 32708 Parcel No.: 813005630060 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Roof) – 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 November 20, 2019 was sufficient to fully correct the violation, a fine in the amount of $3,500.00, representing thirty-five (35) 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. No one representing the Respondent was present. DEL-19-129 Property Address: 831 MAYBROOK DRIVE Property Owner: Marianela Fernandez Etal 275 Rollingwood Trail, Altamonte Springs, Florida 32714 Parcel No.: 813066130280 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 Heather Murray Special Magistrate found the Respondent in compliance with the City of Deltona Ordinance and based on the evidence the time provided to comply in the prior Order of November 20, 2019 was insufficient to correct the violation, a fine will not be imposed. No one representing the Respondent was present. City of Deltona Page 3 Printed on 8/12/2020 Special Magistrate Minutes January 22, 2020 10. NEW BUSINESS: DEL-19-054 Property Address: 3042 Blaine Circle, Deltona Florida 32738 Property Owner: Tammy F. Coffin 3042 Blaine Circle, Deltona, Florida 32738 Parcel No.: 8130-43-88-0270 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Sheds) – Officer 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 $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. Tammy Coffin and Dave Heisel were present. DEL-19-055 Property Address: 3042 Blaine Circle, Deltona Florida 32738 Property Owner: Tammy F. Coffin 3042 Blaine Circle, Deltona, Florida 32738 Parcel No.: 8130-43-88-0270 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Decking) – Officer Dennis Mues 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 $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. Tammy Coffin and Dave Heisel were present. DEL-20-001 Property Address: 1718 Haverhill Drive Property Owner: Michael Sowinski 1718 Haverhill Drive, Deltona, Florida 32725 Parcel No.: 813072190080 Violation: City of Deltona Ordinance, Section 38-110 (1) – (Property Maintenance) - Officer Heather Murray City of Deltona Page 4 Printed on 8/12/2020 Special Magistrate Minutes January 22, 2020 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. No one representing the Respondent was present. DEL-20-002 Property Address: 1718 Haverhill Drive Property Owner: Michael Sowinski 1718 Haverhill Drive, Deltona, Florida 32725 Parcel No.: 813072190080 Violation: City of Deltona Ordinance, Section 38-110 (2) – (Property Maintenance) - Officer Heather Murray Special Magistrate found the Respondent was in REPEAT VIOLATION of City Code pursuant to the Special Magistrate’s original Orders of October 23, 2016 and October 26, 2017 and still is in violation of said Code and based on the evidence that the time provided to comply in the prior orders was sufficient to fully correct the violation, a fine in the amount of $100.00 per day is hereby imposed for the twenty seven (27) days of repeat violation, starting from the issuance of Notice of Hearing, for a total fine of $2,700.00. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. DEL-20-003 Property Address: 1718 Haverhill Drive Property Owner: Michael Sowinski 1718 Haverhill Drive, Deltona, Florida 32725 Parcel No.: 813072190080 Violation: City of Deltona Code of Ordinances, Section 66-18(a) – (Improper Parking) – Officer Heather Murray 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 $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. No one representing the Respondent was present. City of Deltona Page 5 Printed on 8/12/2020 Special Magistrate Minutes January 22, 2020 DEL-20-004 Property Address: 1591 Dunlap Drive Property Owner: Domenico E. Scorpio 4400 NW 122nd Street, Gainesville, Florida 32606 Parcel No.: 813072210130 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Pool and Deck) – 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 (20) 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. No one representing the Respondent was present. DEL-20-006 Property Address: 1002 Alpine Drive Property Owner: Scott A. Arigo 1002 Alpine Drive, Deltona, Florida 32725 Parcel No.: 813005770010 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1 (Unsanitary Pool) – Officer Jose Ortiz Case was continued by Special Magistrate Reischmann until February 26, 2020 Code Hearing. DEL-20-007 Property Address: 1304 Nadine Drive Property Owner: Jesse Gonzalez 1301 Nadine Drive, Deltona, Florida 32738 Parcel No.: 81367090130 Violation: City of Deltona Code of Ordinances, Section 37-10 (Public Nuisance) – Officer Marion Quinones City of Deltona Page 6 Printed on 8/12/2020 Special Magistrate Minutes January 22, 2020 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. Jesse Gonzalez was present. DEL-20-008 Property Address: 271 Fort Smith Boulevard Property Owner: Two Star Investment Inc. 271 Fort Smith Boulevard, Deltona, Florida 32738 Parcel No.: 81304225015 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Interior Renovation) – 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. Fausto Fernandez and Luis Persa were present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 7:08 p.m. City of Deltona Page 7 Printed on 8/12/2020