Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, September 23, 2020 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:32 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 August 26, 2020 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the New Business, cases DEL-20-072, DEL-20-073, DEL-20-074 and DEL-20-075 are continued and cases DEL-20-067, DEL-20-068, DEL-20-070, DEL-20-071, DEL-20-076, DEL-20-077 and DEL-20-079 were withdrawn. 8. SWEARING IN OF OFFICERS AND WITNESSES: City of Deltona Page 1 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 Special Magistrate William E. Reischmann swore in all that were present to testify. 9. OLD BUSINESS: A. DEL-20-052 MASSEY Property Address: 1105 E. Page Drive Property Owner: Timothy ORourke 1105 E Page Drive, Deltona, Florida 32725 Parcel No.: 813055280240 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 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 July 22, 2020 was insufficient to fully correct the violation, a fine in the amount of $1,600, representing thirty two (32) days at $50.00 per day (consistent with prior Order) is reduced to $250.00 with an extension of thirty (30) days. The fine of $50.00 per day will resume October 23, 2020 and will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. 10. NEW BUSINESS: A. DEL-20-066 Property Address: 2286 Matthew Circle Property Owner: Richard Greene 2286 Matthew Circle, Deltona, Florida 32738 Parcel No.: 813048010200 Violation: City of Deltona Ordinance, Section 37-10 - (House in Disrepair – Public Nuisance) – Officer Marion Quinones 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 afforestated 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. B. DEL-20-067 Property Address: 2004 Prescott Boulevard Property Owner: David R Turner City of Deltona Page 2 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 2004 Prescott Boulevard, Deltona, Florida 32738 Parcel No.: 813049030010 Violation: City of Deltona Ordinance, Section 38-110 (a) (2) - (Debris) – Officer Marion Quinones Withdrawn. C. DEL-20-068 Property Address: 2004 Prescott Boulevard Property Owner: David R Turner 2004 Prescott Boulevard, Deltona, Florida 32738 Parcel No.: 813049030010 Violation: City of Deltona Code of Ordinances, Section 66-18 (h) – (Improper Parking) – Officer Marion Quinones Withdrawn. D. DEL-20-069 Property Address: 1101 E Normandy Boulevard Property Owner: The Bank of New York Mellon TR 14405 Walters Road Ste 200, Houston, TX 77014 Parcel No.: 813005640330 Violation: City of Deltona Ordinance, Section 38-110 (a) (2) - (Debris) – Officer Dennis Mues Case was continued by Special Magistrate for 30 days. E. DEL-20-070 Property Address: 1734 E Waycross Circle Property Owner: Peter L Lassonde Jr EST 1734 E Waycross Circle, Deltona, Florida 32725 Parcel No.: 803011280090 Violation: City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1 (Unsanitary Pool) – Officer Dennis Mues Withdrawn. F. DEL-20-071 Property Address: 2756 S Elston Drive City of Deltona Page 3 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 Property Owner: Teresa Lai Yin Lo 85 Stonechurch Crescent, Markham ON L6B0H4 Canada Parcel No.: 813032480070 Violation: City of Deltona Ordinance, Section 38-129 (a) – (Graffiti) – Officer Dennis Mues Withdrawn. G. DEL-20-072 Property Address: 2271 Weatherford Drive Property Owner: Emerson Family Revoc Trust 2271 Weatherford Drive, Deltona, Florida 32738 Parcel No.: 813041060010 Violation: City of Deltona Ordinance, Section 110-827 (c) (1) (d) – Canopy in Front Yard) – Officer Marion Quinones Case was continued by Officer Quinones until October 14, 2020 Code Hearing. H. DEL-20-073 Property Address: 2271 Weatherford Drive Property Owner: Emerson Family Revoc Trust 2271 Weatherford Drive, Deltona, Florida 32738 Parcel No.: 813041060010 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit Right-of-Way) – Officer Marion Quinones Case was continued by Officer Quinones until October 14, 2020 Code Hearing. I. DEL-20-074 Property Address: 2271 Weatherford Drive Property Owner: Emerson Family Revoc Trust 2271 Weatherford Drive, Deltona, Florida 32738 Parcel No.: 813041060010 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Porch) – Officer Marion Quinones Case was continued by Officer Quinones until October 14, 2020 Code Hearing. City of Deltona Page 4 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 J. DEL-20-075 Property Address: 2271 Weatherford Drive Property Owner: Emerson Family Revoc Trust 2271 Weatherford Drive, Deltona, Florida 32738 Parcel No.: 813041060010 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit Structure) – Officer Marion Quinones. Case was continued by Officer Quinones until October 14, 2020 Code Hearing. K. DEL-20-076 Property Address: 702 Merrimac Street Property Owner: Juan J Gonzalez-Ruberte 702 Merrimac Street, Deltona, Florida 32725 Parcel No.: 813003250680 Violation: City of Deltona Ordinance, Section 37-10 - (Roof in Disrepair – Public Nuisance) – Officer Steve Braukhoff Withdrawn. L. DEL-20-077 Property Address: 1990 S Old Mill Drive Property Owner: Cynthia Ramos 1990 S Old Mill Drive, Deltona, Florida 32725 Parcel No.: 813009150050 Violation: City of Deltona Ordinance, Section 37-10 - (Roof in Disrepair – Public Nuisance) – Officer Steve Braukhoff Withdrawn. M. DEL-20-078 Property Address: 799 Gainsboro Street Property Owner: Ravel M II & Jacqueline J Green 799 Gainsboro Street, Deltona, Florida 32725 Parcel No.: 813003550160 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit Pillars and Fence) – Officer Steve Braukhoff Special Magistrate found the Respondents in violation of City Code as charged, that the City of Deltona Page 5 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 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 afforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Ravel Green was present. N. DEL-20-079 Property Address: 1564 Monticello Street Property Owner: Andres Perez 4317 Raywood Ash Court, Oviedo, Florida 32766 Parcel No.: 813016010100 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 Steve Braukhoff Withdrawn. O. DEL-20-080 Property Address: 961 Merrimac Street Property Owner: Gina M Lamontana 6926 W 183RD Street, Tinley Park, IL 60477 Parcel No.: 813030160090 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – 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 afforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Johnny Conser was present. P. DEL-20-081 Property Address: 2765 Derby Drive Property Owner: Judith A. Gannon 2765 Derby Drive, Deltona, Florida 32738 Parcel No.: 813032770340 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 Jeffery Scott City of Deltona Page 6 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 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. No one representing the Respondent was present. Q. DEL-20-082 Property Address: 2765 Derby Drive Property Owner: Judith A. Gannon 2765 Derby Drive, Deltona, Florida 32738 Parcel No.: 813032770340 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 Jeffery Scott 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. No one representing the Respondent was present. R. DEL-20-083 Property Address: 3254 Agar Terrace Property Owner: Delina Wainwright 3254 Agar Terrace, Deltona, Florida 32738 Parcel No.: 813035040110 Violation: City of Deltona Ordinance, Section 18-3 adopting the latest edition of the Florida Building Code, Section 105.1 (No Permit for Screen Enclosure) – Officer Jeffery Scott 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 afforestated 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 7 Printed on 9/24/2020 Special Magistrate Minutes September 23, 2020 S. DEL-20-084 Property Address: 1223 W Wellington Drive Property Owner: Michael & Kayla Ciniello 1223 W Wellington Drive, Deltona, Florida 32725 Parcel No.: 813001070200 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – Officer Jose Ortiz Special Magistrate found the Respondents to be in compliance, per the testimony and Affidavit of Compliance furnished by Officer Jose Ortiz, and this case is now in compliance and dismissed and fines were not levied. Michael Ciniello was present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6.50 p.m. City of Deltona Page 8 Printed on 9/24/2020