Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 DRAFT Minutes Special Magistrate Wednesday, March 24, 2021 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 Lima-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 February 24, 2021 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under New Business cases DEL-21-017, DEL-21-020, DEL-21-022, DEL-21-031, DEL-21-032, DEL-21-037 and DEL-21-041 were withdrawn and cases DEL-21-029, DEL-21-033, DEL-21-034, DEL-21-035, DEL-21-036, DEL-21-038 and DEL-21-039 are continued; and under Other and Repeat Business case VEH20-2174 was withdrawn. City of Deltona Page 1 Special Magistrate DRAFT Minutes March 24, 2021 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate William E. Reischmann swore in all that were present to testify. 9. OLD BUSINESS: A. DEL-20-074 (MASSEY) 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 Special Magistrate Reischmann for 30 days. Anthea Emerson was present. 10. NEW BUSINESS: A. DEL-21-004 Property Address: 1870 Providence Boulevard Ste D-H Property Owner: Gabriel & Yokasta Fernandez 206 Via Tuscany Loop, Lake Mary, Florida 32746 Parcel No.: 813065160010 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit Renovation – Permit Expired) – Officer Dennis Mues Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than sixty (60) 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 Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Alvaro Reyes was present. B. DEL-21-016 Property Address: 2324 Brimhall Court Property Owner: Jayson Peterson 342 True Place, Lake Mary, Florida 32746 Parcel No.: 813041090380 City of Deltona Page 2 Special Magistrate DRAFT Minutes March 24, 2021 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit Driveway) – Officer Marion Quinones 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 $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. Jayson Peterson was present. C. DEL-21-017 Property Address: 2324 Brimhall Court Property Owner: Jayson Peterson 342 True Place, Lake Mary, Florida 32746 Parcel No.: 813041090380 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 Marion Quinones Withdrawn. D. DEL-21-020 Property Address: 1008 Kenmore Street Property Owner: Willie McQueen Jr 1008 Kenmore Street, Deltona, Florida 32725 Parcel No.: 813005620020 Violation: City of Deltona Ordinance, Section 37-10 – (Roof in Disrepair) – Officer Marion Quinones Withdrawn. E. DEL-21-022 Property Address: 407 Deltona Boulevard Property Owner: RaceTrac Petroleum Inc PO Box 2437, Smyrna, GA 30081 Parcel No.: 900111000010 Violation: City of Deltona Ordinance, Section 38-110(B)(9) – (Declaration of Nuisance – Imminent Danger) – Officer Dennis Mues Withdrawn. City of Deltona Page 3 Special Magistrate DRAFT Minutes March 24, 2021 F. DEL-21-029 Property Address: 1074 Fort Smith Boulevard Property Owner: Archie Leroy Tabor 1074 Fort Smith Boulevard, Deltona, Florida 32725 Parcel No.: 813013160070 Violation: City of Deltona Ordinance, Section 66-56 (Inoperable Vehicles) – Officer Dennis Mues Case was continued by Officer Dennis Mues until April 28, 2021 Code Hearing. G. DEL-21-030 Property Address: 618 Deltona Boulevard Property Owner: Antonio & Migdalia Jimenez 618 Deltona Boulevard, Deltona, Florida 32725 Parcel No.: 803605010110 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 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 afforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Antonio Jimenez was present. H. DEL-21-031 Property Address: 2590 Adelia Boulevard Property Owner: Maritza Cardona 2590 Adelia Boulevard, Deltona, Florida 32738 Parcel No.: 813053370110 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 Dennis Mues Withdrawn. I. DEL-21-032 Property Address: 1309 Buccaneer Avenue Property Owner: Erasmo & Wanda Enid Marrero 1309 Buccaneer Avenue, Deltona, Florida 32725 City of Deltona Page 4 Special Magistrate DRAFT Minutes March 24, 2021 Parcel No.: 813006040020 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 Withdrawn. J. DEL-21-033 Property Address: 1008 Kenmore Street Property Owner: Willie McQueen Jr 1008 Kenmore Street, Deltona, Florida 32725 Parcel No.: 813005620020 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.7 (Fence in Disrepair) – Officer Marion Quinones Case was continued by Officer Marion Quinones until April 28, 2021 Code Hearing. K. DEL-21-034 Property Address: 910 Crawford Street Property Owner: Smith & Wemert LLC 650 N Alafaya Trl Ste 105, Orlando, Fl 32828 Parcel No.: 813028170210 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Structures) – Officer Steve Braukhoff Case was continued by Officer Steve Braukhoff until April 28, 2021 Code Hearing. L. DEL-21-035 Property Address: 910 Crawford Street Property Owner: Smith & Wemert LLC 650 N Alafaya Trl Ste 105, Orlando, Fl 32828 Parcel No.: 813028170210 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 Steve Braukhoff Case was continued by Officer Steve Braukhoff until April 28, 2021 Code Hearing. City of Deltona Page 5 Special Magistrate DRAFT Minutes March 24, 2021 M. DEL-21-036 Property Address: 941 Shorecrest Avenue Property Owner: Joseph Esquibel & Juan A Esquivel 941 Shorecrest Avenue, Deltona, Florida 32725 Parcel No.: 813011420030 Violation: City of Deltona Code of Ordinance, Sec. 38-110(a)(2) – (Declaration of Nuisance - Debris) - Officer Steve Braukhoff Case was continued by Officer Steve Braukhoff until April 28, 2021 Code Hearing. N. DEL-21-037 Property Address: 941 Shorecrest Avenue Property Owner: Joseph Esquibel & Juan A Esquivel 941 Shorecrest Avenue, Deltona, Florida 32725 Parcel No.: 813011420030 Violation: City of Deltona Code of Ordinance, Sec. 66-57 – (Inoperable Vehicles) - Officer Steve Braukhoff Withdrawn. O. DEL-21-038 Property Address: 941 Shorecrest Avenue Property Owner: Joseph Esquibel & Juan A Esquivel 941 Shorecrest Avenue, Deltona, Florida 32725 Parcel No.: 813011420030 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – Officer Steve Braukhoff Case was continued by Officer Steve Braukhoff until April 28, 2021 Code Hearing. P. DEL-21-039 Property Address: 549 Nardello Drive Property Owner: Esteban Y Acosta & Mayralis Fernandez 549 Nardello Drive, Deltona, Florida 32725 Parcel No.: 813012030170 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Connection with City Stormwater Equipment) – Officer Steve Braukhoff Case was continued by Officer Steve Braukhoff until April 28, 2021 Code Hearing. City of Deltona Page 6 Special Magistrate DRAFT Minutes March 24, 2021 Q. DEL-21-040 Property Address: 641 E Normandy Boulevard Property Owner: Migdalis Salgado & Wilfredo Salagado 641 E Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 813001100120 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 Steve Braukhoff Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than one hundred twenty (120) 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 Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Migdalis and Wilfredo Salgado were present. R. DEL-21-041 Property Address: 1325 Walton Avenue Property Owner: Thomas & Faye E Bush 1325 Walton Avenue, Deltona, Florida 32738 Parcel No.: 813067050060 Violation: City of Deltona Ordinance, Section 14-166 (n) (1-5) - (Dangerous Dog) – Officer Marion Quinones Withdrawn. S. DEL-21-042 Property Address: 945 Prescott Boulevard Property Owner: Emanuel Andre & Melissa D Cochran 945 Prescott Boulevard, Deltona, Florida 32738 Parcel No.: 813041690180 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (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 five (5) 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 Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Emmanuel and Melissa Cochran were present. City of Deltona Page 7 Special Magistrate DRAFT Minutes March 24, 2021 11. OTHER AND REPEAT BUSINESS: A. VEH20-2174 Request for Hearing by Property Owner Carmen Barahona Property Address: 227 Abbeyville Street, Deltona, Florida 32725 Parcel No.: 813006110120 Violation: City of Deltona Ordinance, Section 66-19 (a)(1) (Improper Parking) – Officer Marion Quinones Withdrawn. 12. DISCUSSION: 13. ADJOURNMENT: 6:36 p.m. City of Deltona Page 8