Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, July 1, 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. 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 February 26, 2020 and June 1st, 2020 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the New Business cases DEL-20-026, DEL-20-033, DEL-20-039, DEL-20-041 and DEL-20-042 were withdrawn, and cases DEL-20-036 is continued. 8.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 8/13/2020 Special Magistrate Minutes July 1, 2020 9. OLD BUSINESS: A. DEL-20-004 MASSEY Property Address: 1591 Dunlap Drive Property Owner: Dominico 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 and based on the evidence that the time provided to comply in the prior Order of January 22, 2020 was sufficient to fully correct the violation, a fine in the amount of $7,000.00, representing one hundred and forty (140) days at $50.00 per day is imposed starting February 10, 2020. 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. B. DEL-20-008 MASSEY Property Address: 271 Fort Smith Boulevard Property Owner: Two Star Investment Inc. 271 Fort Smith Boulevard, Deltona, Florida 32738 Parcel No.: 813042250150 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 and based on the evidence that the time provided to comply in the prior Order of January 22, 2020 was sufficient to fully correct the violation, the fine in the amount of $5,050.00, representing one hundred and one (101) days at $50.00 per day imposed in March 23, 2020 is reduced to $500.00. The fine of $50.00 a day will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Jose Peralta was present. C. DEL-20-012 MASSEY Property Address: 610 Cracker Avenue Property Owner: Paul George Robichaud 610 Cracker Avenue, Osteen, Florida 32764 Parcel No.: 910100000230 City of Deltona Page 2 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 Violation: City of Deltona Code of Ordinance, Sec. 38-110. – (Declaration of Nuisance) - Officer Heather Murray Special Magistrate found the respondent in compliance with the City Code. Based on the evidence that violation was timely corrected, a fine will not be imposed. Paul George Robichaud was present. D. DEL-20-013 MASSEY Property Address: 610 Cracker Avenue Property Owner: Paul George Robichaud 610 Cracker Avenue, Osteen, Florida 32764 Parcel No.: 910100000230 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit Concrete Work and Enclosure of Accessory Structure) – 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 February 26, 2020 was sufficient to fully correct the violation, the fine in the amount of $2,775.00, representing one hundred and eleven (111) days at $25.00 per day imposed in March 12, 2020 is reduced to $200.00. The fine of $25.00 will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Paul George Robichaud was present. 10. NEW BUSINESS: A. DEL-20-021 Property Address: 1699 April Avenue Property Owner: Robert E. Jones 3608 Royal Fern Circle, Deland, Florida 32724 Parcel No.: 813014020010 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Fence) – Officer Dennis Mues 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 $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 City of Deltona Page 3 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 Officer to verify compliance with this order. Robert E. Jones was present. DEL-20-023 Property Address: 3159 Roland Drive Property Owner: DSV SPV1 LLC 16 Berryhill Rd. Ste 200, Columbia, SC 29210 Parcel No.: 813042230080 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 Marion Quinones 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. C. DEL-20-026 Property Address: 1809 N. Normandy Blvd Property Owner: Mirian Ramirez 1809 N. Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 813003430150 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 Steve Braukhoff Withdrawn. D. DEL-20-029 Property Address: 610 Cracker Avenue Property Owner: Paul George Robichaud 610 Cracker Avenue, Osteen, Florida 32764 Parcel No.: 910100000230 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Shipping Container) – 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 City of Deltona Page 4 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 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. Paul George Robichaud was present. E. DEL-20-030 Property Address: 1007 Davenport Drive Property Owner: Ronald N & Lisa Anne Grenier 1007 Davenport Drive, Deltona, Florida 32725 Parcel No.: 813011500010 Violation: City of Deltona Ordinance, Section 58-31 (a) (Use of City Right-Of-Way) – Officer Heather Murray Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than twenty-one (21) 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. No one representing the Respondent was present. F. DEL-20-031 Property Address: 1096 Stillwater Avenue Property Owner: Brett Stoner 1096 Stillwater Avenue, Deltona, Florida 32725 Parcel No.: 813002340100 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Pool Deck ) – Officer Jose Ortiz 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. Brett Stoner was present. G. DEL-20-032 Property Address: 1026 Cobblestone Avenue Property Owner: Alice Tr Susco & Diego Alvarez Trust 1720 Timber Oaks Court, Deland, Florida 32724 Parcel No.: 813025120030 City of Deltona Page 5 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Wall and Window ) – Officer Jose Ortiz Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than twenty-one (21) 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order.Alice Susco was present. H. DEL-20-033 Property Address: 966 Humphrey Boulevard Property Owner: Jennifer Irene Jones 966 Humphrey Boulevard, Deltona, Florida 32738 Parcel No.: 813040370230 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Fence) – Officer Heather Murray Withdrawn. I. DEL-20-034 Property Address: 763 Fort Smith Boulevard Property Owner: William Hernandez 562 Fort Smith Boulevard, Deltona, Florida 32738 Parcel No.: 813019030090 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Land Clearing) – Officer Heather Murray Case was continued by Special Magistrate Reischmann until August 26, 2020 Code Hearing. William Hernandez was present. J. DEL-20-035 Property Address: 1491 N Normandy Boulevard Property Owner: Porfiria Leborn 1491 N Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 811902030010 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance, Section 302.3 - City of Deltona Page 6 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 (Damaged Sidewalk, Right-of-Way and Road Edge) – Officer Steve Braukhoff 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.Porfiria Lebron was present. K. DEL-20-036 Property Address: 1045 E Normandy Boulevard Property Owner: Pine Ridge Fellowship United Methodist Church Inc. 1045 E Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 813005110010 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 Case was continued by Officer Mues until July 22, 2020. L. DEL-20-037 Property Address: 1491 N Normandy Boulevard Property Owner: Porfiria Leborn 1491 N Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 811902030010 Violation: City of Deltona Ordinance, Section 38-110 (a) (2) - (Debris) – Officer Steve Braukhoff Special Magistrate found the Respondent to be in compliance, per the testimony and Affidavit of Compliance furnished by Officer Steve Braukhoff, and this case is now in compliance and dismissed. No fines were levied. Porfiria Lebron was present. M. DEL-20-039 Property Address: 2688 Travida Drive Property Owner: Stewart & Annette Oliver 4540 Yorkshire Ln, Kissimmee, Florida 34758 Parcel No.: 813040510280 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Sidewalk Replacement) – Officer Marion Quinones City of Deltona Page 7 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 Withdrawn. N. DEL-20-040 MASSEY Property Address: 1090 Fort Smith Boulevard Property Owner: Sergio Jr & Anna L. Orama 1090 Fort Smith Boulevard, Deltona, Florida 32725 Parcel No.: 813013160050 Violation: City of Deltona Code of Ordinance, Sec. 38-110. – (Declaration of Nuisance) - Officer Dennis Mues 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 $75.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. No one representing the Respondent was present. O. DEL-20-041 Property Address: 3502 Trade Street Property Owner: Carla Bent 3502 Trade Street, Deltona, Florida 32738 Parcel No.: 823100000094 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 Withdrawn. P. DEL-20-042 Property Address: 3257 Parma Drive Property Owner: Vishwanath Sawak 150 Beacon Light Road, Oak Hill, Florida 32759 Parcel No.: 810303010010 Violation: City of Deltona Code of Ordinances, Section 66-18 (h) – (Improper Parking) – Officer Heather Murray Withdrawn. Q. DEL-20-043 Property Address: 2173 Clearwater Drive Property Owner: Tomas & Fania Wong 2173 Clearwater Drive, Deltona, Florida 32738 City of Deltona Page 8 Printed on 8/13/2020 Special Magistrate Minutes July 1, 2020 Parcel No.: 8130445470050 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Accessory Structures) – Officer Miron San Miguel Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than twenty-one (21) 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 $25.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Tomas Wong was present. R. DEL-20-044 Property Address: 2173 Clearwater Drive Property Owner: Tomas & Fania Wong 2173 Clearwater Drive, Deltona, Florida 32738 Parcel No.: 8130445470050 Violation: City of Deltona Code of Ordinances, Section 66-18 (h) – (Improper Parking) – Officer Miron San Miguel Withdrawn. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 7:10 p.m. City of Deltona Page 9 Printed on 8/13/2020