Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, November 18, 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 October 14, 2020 and November 5, 2020 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under New Business cases DEL-20-087, DEL-20-090, DEL-20-091, DEL-20-096 and DEL-20-097 were withdrawn, and cases DEL-20-069, DEL-20-094 and DEL-20-095 are continued. 8.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 11/19/2020 Special Magistrate Minutes November 18, 2020 9. OLD BUSINESS: A. DEL-20-048 MASSEY Property Address: 3170 Roland Drive Property Owner: John K Furlow 3170 Roland Drive, Deltona, Florida 32738 Parcel No.: 813042220190 Violation: City of Deltona Ordinance, Section 38-110 (b) (2) - (Debris) – Officer Marion Quinones The Respondent is allowed an additional fourteen (14) days from this November 18, 2020 Hearing to correct the violation. The prior Order of July 22, 2020 in all other respects, remains in effect. The case is continued to the January 27, 2021 Special Magistrate Hearing. John K Furlow was present. B. DEL-20-049 MASSEY Property Address: 3351 Phonetia Drive Property Owner: 3351 Phonetia Drive LLC 1140 E Altamonte Drive UT 151337, Altamonte Springs, Fl 32715 Parcel No.: 813042160060 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 compliance with the City of Deltona Ordinance 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 $100.00, representing two (2) days at $50.00 per day (consistent with prior Order) is waived. No one representing the Respondent was present. C. DEL-20-053 MASSEY Property Address: 780 Deltona Boulevard # 107 Property Owner: Manda Wright 780 Deltona Boulevard # 107, Deltona, Florida 32725 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 Renovations) – Officer Dennis Mues City of Deltona Page 2 Printed on 11/19/2020 Special Magistrate Minutes November 18, 2020 Special Magistrate found the Respondent in compliance with the City of Deltona Ordinance and based on the evidence that the time provided to comply in the prior Order of August 26, 2020 was insufficient to fully correct the violation, a fine in the amount of $1,350.00, representing twenty seven (27) days at $50.00 per day (consistent with prior Order) is reduced to $250.00. Michelle Wright was present. D. DEL-20-059 MASSEY 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 compliance with the City of Deltona Ordinance and based on the evidence that the time provided to comply in the prior Order of August 26, 2020 was insufficient to fully correct the violation, a fine in the amount of $1,950.00, representing thirty nine (39) days at $50.00 per day (consistent with prior Order) is reduced to $500.00. Jeanette Rosario presented testimony via telephone. E. DEL-20-060 MASSEY 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 Respondent in compliance with the City of Deltona Ordinance and based on the evidence that violation was timely corrected, a fine will not be imposed. No one representing the Respondent was present. F. DEL-20-080 MASSEY Property Address: 961 Merrimac Street Property Owner: Gina M Lamontana 6926 W 183RD Street, Tinley Park, IL 60477 Parcel No.: 813030160090 City of Deltona Page 3 Printed on 11/19/2020 Special Magistrate Minutes November 18, 2020 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – Officer Steve Braukhoff Special Magistrate found the Respondent in compliance with the City of Deltona Ordinance and based on the evidence that the time provided to comply in the prior Order of September 23, 2020, was insufficient to fully correct the violation, a fine in the amount of $1,250.00, representing twenty five (25) days at $50.00 per day (consistent with prior Order) is reduced to $500.00. It is further ordered that any violations of the same code section by the code violator within five (5) years from the date of this Order shall be treated as repeat violations, wherein the Special Magistrate may impose a fine of up to $500.00 per day for each day such violation exists. No one representing the Respondent was present. G. DEL-20-081 MASSEY 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 Special Magistrate found the Respondent in non compliance with the City of Deltona Ordinance and based on the evidence that the time provided to comply in the prior Order of September 23, 2020 was sufficient to fully correct the violation, a fine in the amount of $1,750.00, representing thirty five (35) days at $50 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. H. DEL-20-083 MASSEY 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 Respondent in non compliance with the City of Deltona Ordinance and based on the evidence that the time provided to comply in the prior Order of City of Deltona Page 4 Printed on 11/19/2020 Special Magistrate Minutes November 18, 2020 September 23, 2020 was sufficient to fully correct the violation, a fine in the amount of $2,100.00, representing forty two (42) 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. 10. NEW BUSINESS: A. 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 (b) (1) - (Overgrown Grass) – Officer Dennis Mues Case was continued by Officer Mues until January 27, 2021 Code Hearing. B. DEL-20-087 Property Address: 1230 Nixonton Street Property Owner: Varonica Lynn Sambells-Mason 1230 Nixonton Street, Deltona, Florida 32725 Parcel No.: 813071420050 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 Steve Braukhoff Withdrawn. C. DEL-20-088 Property Address: 125 Heather Lane Property Owner: Gladys Cruz 125 Heather Lane, Deltona, Florida 32725 Parcel No.: 813059390270 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Addition) – Officer Marion Quinones 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 City of Deltona Page 5 Printed on 11/19/2020 Special Magistrate Minutes November 18, 2020 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. Gladys Cruz was present. D. DEL-20-089 Property Address: 926 Treadway Drive Property Owner: Jonathan E Cottrell 926 Treadway Drive, Deltona, Florida 32738 Parcel No.: 813040380080 Violation: City of Deltona Ordinance, Section 66-57 (Inoperable Vehicles) – Officer Marion Quinones Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than December 1, 2020 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 afforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Jonathan E Cottrell was present. E. DEL-20-090 Property Address: 702 Leeward Drive Property Owner: Daiana Janete Caffaratti 702 Leeward Drive, Deltona, Florida 32738 Parcel No.: 813019070200 Violation: City of Deltona Ordinance, Section 66-57 (Inoperable Vehicles) – Officer Marion Quinones Withdrawn. F. DEL-20-091 Property Address: 926 Treadway Drive Property Owner: Jonathan E Cottrell 926 Treadway Drive, Deltona, Florida 32738 Parcel No.: 813040380080 Violation: City of Deltona Ordinance, Section 66-18 (h) – (Improper Parking) – Officer Marion Quinones Withdrawn. G. DEL-20-093 Property Address: 1626 Brady Drive City of Deltona Page 6 Printed on 11/19/2020 Special Magistrate Minutes November 18, 2020 Property Owner: Investor Trustee Services TR 1626 Brady Drive, Deltona, Florida 32725 Parcel No.: 813055260250 Violation: City of Deltona Ordinance, Section 37-10 – (Public Nuisance) – 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 afforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Gina Tickoson was present. H. DEL-20-094 Property Address: 802 Pickford Court Property Owner: Desiree OBrien 1664 Jackson Street, Longwood, Florida, 32750 Parcel No.: 813022360100 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 - (No Permit for Patio/Porch) – Officer Dennis Mues Case was continued by Officer Mues until January 27, 2021 Code Hearing. I. DEL-20-095 Property Address: 802 Pickford Court Property Owner: Desiree OBrien 1664 Jackson Street, Longwood, Florida, 32750 Parcel No.: 813022360100 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 Case was continued by Officer Mues until January 27, 2021 Code Hearing. J. DEL-20-096 Property Address: 808 Merrimac Street Property Owner: Luis E Ortiz-Diaz 808 Merrimac Street, Deltona, Florida, 32725 Parcel No.: 813030050130 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest City of Deltona Page 7 Printed on 11/19/2020 Special Magistrate Minutes November 18, 2020 edition of the Florida Building Code, Section 105.1 - (No Permit for Roof and Structures) – Officer Steve Braukhoff Withdrawn. K. DEL-20-097 Property Address: 1953 Evard Avenue Property Owner: David J Serra III 1953 Evard Avenue, Deltona, Florida 32725 Parcel No.: 813015200040 Violation: City of Deltona Ordinance, Section 66-18 (h) – (Improper Parking) – Officer Steve Braukhoff Withdrawn. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: 6:33 p.m. City of Deltona Page 8 Printed on 11/19/2020