Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, April 28, 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 Supervisors Richard Lovett and Mark Gibson were present. Fire Safety Manager Leigh Grosvenor was present. Building Official Carl Lynch was present. Costumer Service Supervisor Danny Ron 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 March 24, 2021 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the Old Business, cases DEL-20-074 (MASSEY) & DEL-21-008 (MASSEY) are continued and under New Business cases DEL-21-045, DEL-21-046 and DEL-21-050 were withdrawn, and case DEL-21-051 is continued. City of Deltona Page 1 Printed on 10/28/2021 Special Magistrate Minutes April 28, 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-20-066 MASSEY 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 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 $12,300.00, representing one hundred twenty three (123) days at $100.00 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. B. 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 Officer Quinones until May 26, 2021 Code Hearing. C. DEL-21-007 MASSEY Property Address: 568 E Normandy Boulevard Property Owner: Andres Aviles EST 568 E Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 813001370240 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304-7 – City of Deltona Page 2 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 (Roof in Disrepair) – 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 27, 2021 was sufficient to fully correct the violation, a fine in the amount of $5,750.00, representing twenty three (23) days at $250.00 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. D. DEL-21-008 MASSEY Property Address: 568 E Normandy Boulevard Property Owner: Andres Aviles EST 568 E Normandy Boulevard, Deltona, Florida 32725 Parcel No.: 813001370240 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Carport Roof Extension) – Officer Dennis Mues Case was continued by Officer Mues until May 26, 2021 Code Hearing. E. DEL-21-028 MASSEY Property Address: 928 Halstead Street Property Owner: Ronnie B OBrien & Patricia G OBrien 928 Halstead Street, Deltona, Florida 32725 Parcel No.: 813024020220 Violation: City of Deltona Code of Ordinance, Sec. 38-110(a)(2) – (Declaration of Nuisance) - Officer Steve Braukhoff 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 February 24, 2021 was sufficient to fully correct the violation, a fine in the amount of $1,700.00, representing thirty four (34) 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 Respondents was present. F. DEL-21-042 MASSEY 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) – City of Deltona Page 3 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 (Improper Parking) – Officer Marion Quinones Special Magistrate found the Respondents in compliance with the City Code and based on the evidence that the time provided to comply in the prior Order of March 24, 2021 was insufficient to fully correct the violation, a fine in the amount of $725.00, representing twenty nine (29) days at $25.00 per day (consistent with prior Order) is reduced to $250.00. Melissa D Cochran was present. 10. NEW BUSINESS: A. 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 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. B. 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 Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than thirty (30) 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. No one representing the Respondent was present. C. DEL-21-038 City of Deltona Page 4 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 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 Withdrawn. D. DEL-21-043 Property Address: 721 Waterfall Circle Property Owner: The Eco Home Co LLC 6450 Kingspoint Pkwy, Orlando, Fl 32821 Parcel No.: 813028200050 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (Expired Permit for Single Family Residence) – Officer Dennis Mues Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than two (2) 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 $250.00 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. E. DEL-21-044 Property Address: 1507 Monica Court Property Owner: FL Lot CO LLC 822 A1A N Ste 100, Ponta Vedra Beach, Fl 32082 Parcel No.: 813015030340 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (Permit Expired for Single Family Residence) – Officer Dennis Mues Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than two (2) 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 $250.00 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 5 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 F. DEL-21-045 Property Address: 1746 Mitten Terrace Property Owner: The Eco Home Co LLC 6450 Kingspoint Pkwy, Orlando, Fl 32821 Parcel No.: 813036140050 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (Expired Permit for Single Family Residence) – Officer Dennis Mues Withdrawn. G. DEL-21-046 Property Address: 3278 Croton Avenue Property Owner: Thomas V Bamundo 2970 Willow Bay Terrace, Casselberry, Florida 32707 Parcel No.: 813034120160 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 Miron San Miguel Withdrawn. H. DEL-21-047 Property Address: 930 Radcliff Street Property Owner: Nilda & Honorio Hernandez 930 Radcliff Avenue, Deltona, Florida 32725 Parcel No.: 813030170090 Violation: City of Deltona Ordinance, Section 66-18 (h) – (Improper Parking) – Officer Steve Braukhoff Special Magistrate found the Respondents in compliance with the City of Deltona Ordinance and a fine will not be imposed . It is further ordered that any violations of the same code section by the 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 for each day such violation exists. Nilda & Honorio Hernandez were present. I. DEL-21-048 Property Address: 930 Radcliff Street Property Owner: Nilda & Honorio Hernandez City of Deltona Page 6 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 930 Radcliff Avenue, Deltona, Florida 32725 Parcel No.: 813030170090 Violation: City of Deltona Code of Ordinance, Sec. 38-110(a)(2) – (Declaration of Nuisance - Debris) - Officer Steve Braukhoff 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 $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. Nilda and Honorio Hernandez were present. J. DEL-21-049 Property Address: 2745 Lake Helen Osteen Road Property Owner: Iglesia Misionera Eslabon de Dios Inc P.O. Box 6047, Deltona, Florida 32728 Parcel No.: 811000000160 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (Expired Permit) – Officer Dennis Mues 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 $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. Kelly Santos and Ed Hamb were was present. K. DEL-21-050 Property Address: 887 Deltona Boulevard Property Owner: Land Trust Service Corp TR P.O. Box 186, Lake Wales, Florida 33859 Parcel No.: 803604010050 Violation: City of Deltona Ordinance, Section 37-10 – (Roof in Disrepair) – Officer Dennis Mues Withdrawn. L. DEL-21-051 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP City of Deltona Page 7 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 7014 A C Skinner PKWY STE 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 37-10 – (Blighted Property – Public Nuisance) – Officer Dennis Mues Case was continued by Officer Mues until May 26, 2021 Code Hearing. M. DEL-21-052 Property Address: 930 Radcliff Street Property Owner: Nilda & Honorio Hernandez 930 Radcliff Avenue, Deltona, Florida 32725 Parcel No.: 813030170090 Violation: City of Deltona Code of Ordinances, Section 66-18 (e) – (Improper Parking) – Officer Steve Braukhoff Special Magistrate found the Respondents in compliance with the City of Deltona Ordinance and a fine will not be imposed . It is further ordered that any violations of the same code section by the 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 for each day such violation exists. Nilda & Honorio Hernandez were present. 11. OTHER AND REPEAT BUSINESS: A. DEL-17-134 Request for a Recommendation to Reduce Fine by Property Owner Tanya Russell Fine Amount: $20,000.00 Property Address: 313 Fisher Drive, Deltona, Florida 32725 Parcel No.: 813012170060 Violation: City of Deltona Ordinance, Section 38-114 (Outdoor Storage) – Officer Richard Lovett Special Magistrate recommended Reduction of Fine from $20,000.00 to $500.00. Case will be placed on the May 16, 2021 City Commission Meeting to present the recommendation and receive direction from the commissioners. Tanya Russell was present to request the reduction of fine. 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 7:05 p.m. City of Deltona Page 8 Printed on 10/28/2021 Special Magistrate Minutes April 28, 2021 _________________________________ Special Magistrate William Reischmann Jr. Attest: ____________________________ Hearing Clerk Angelia Lima-Meyers City of Deltona Page 9 Printed on 10/28/2021