Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, August 26, 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 Supervisor Mark Gibson 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 July 22, 2020 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the Old Business, cases DEL-20-040 (MASSEY) was withdrawn and under New Business cases DEL-20-061 and DEL-20-065 were withdrawn, and cases DEL-20-062, DEL-20-063 & DEL-20-064 are continued. 8.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 8/27/2020 Special Magistrate Minutes August 26, 2020 9. OLD BUSINESS: A. DEL-20-023 MASSEY 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 and based on the evidence that the time provided to comply in the prior Order of July1, 2020 was sufficient to fully correct the violation, a fine in the amount of $2,050.00, representing forty one (41) days at $50.00 per day (consistent with prior Order) is imposed. 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-20-030 MASSEY 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 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 (consistent with prior Order) is reduced to $100.00. 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. Ronald Grenier was present. DEL-20-031 MASSEY Property Address: 1096 Stillwater Avenue Property Owner: Brett Stoner 1096 Stillwater Avenue, Deltona, Florida 32725 City of Deltona Page 2 Printed on 8/27/2020 Special Magistrate Minutes August 26, 2020 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 to be in compliance and based on the evidence that the time provided to comply with the prior Order of July 1, 2020 was insufficient to correct the violation, a fine will not be imposed. Bret Stoner was present. 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 Withdrawn. 10. NEW BUSINESS: A. 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 Special Magistrate Reischmann until September 23, 2020 Code Hearing. Jeremy Hostetler and Michael Wycuff were present. B. DEL-20-053 Property Address: 780 Deltona Boulevard # 107 Property Owner: Manda Wright 780 Deltona Boulevard # 107, Deltona, Florida 32725 City of Deltona Page 3 Printed on 8/27/2020 Special Magistrate Minutes August 26, 2020 Parcel No.: 803611001070 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 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 afforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Manda Wright was present. C. DEL-20-059 Property Address: 2649 Windsor Heights Street Property Owner: Jeanette Rosario 2649 Windsor Heights Street, Deltona, Florida 32738 Parcel No.: 803032630250 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 Miron San Miguel 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 $50.00 will be imposed for each and every day the violation continues past the afforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Jeanette Rosario was present. D. DEL-20-060 Property Address: 2912 Maldive Court Property Owner: Daniel & Maritza Garcia-Rivera 2912 Maldive Court, Deltona, Florida 32738 Parcel No.: 813041610120 Violation: City of Deltona Code of Ordinances, Section 66-18 (h) – (Improper Parking) – Officer Marion Quinones 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 afforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Daniel Garcia was present. City of Deltona Page 4 Printed on 8/27/2020 Special Magistrate Minutes August 26, 2020 E. DEL-20-061 Property Address: 941 Shorecrest Avenue Property Owner: Joseph Esquibel 941 Shorecrest Avenue, Deltona, Florida 32725 Parcel No.: 803011420030 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 Withdrawn. F. DEL-20-062 Property Address: 1835 E Normandy Boulevard Property Owner: Robert A & Christine Salinski 1835 E Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 813011150070 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 Jose Ortiz Case was continued by Officer Ortiz until September 23, 2020 Code Hearing. G. DEL-20-063 Property Address: 732 Waterfall Circle Property Owner: Cheryl Danboise Inc 11008 Windchime Circle, Clermont, Florida 34711 Parcel No.: 813028210090 Violation: City of Deltona Ordinance, Section 58-31 (a) (Damage to City Right-Of-Way) – Officer Heather Murray Case was continued by Officer Murray until September 23, 2020 Code Hearing. H. DEL-20-064 Property Address: 741 Waterfall Circle Property Owner: David Kaleky 737 Waterfall Circle, Deltona, Florida 32725 Parcel No.: 813028190020 Violation: City of Deltona Ordinance, Section 58-31 (a) (Damage to City City of Deltona Page 5 Printed on 8/27/2020 Special Magistrate Minutes August 26, 2020 Right-Of-Way) – Officer Heather Murray Case was continued by Officer Murray until September 23, 2020 Code Hearing. I. DEL-20-065 Property Address: 737 Waterfall Circle Property Owner: David Kaleky 737 Waterfall Circle, Deltona, Florida 32725 Parcel No.: 813028190011 Violation: City of Deltona Ordinance, Section 58-31 (a) (Damage to City Right-Of-Way) – Officer Heather Murray Withdrawn. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6:22 p.m. City of Deltona Page 6 Printed on 8/27/2020