Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, May 26, 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. City Attorney Marsha Segal-George was present Enforcement Services Supervisors Richard Lovett and Mark Gibson were present. Deputy Public Works Director Phyllis Wallace was present. Deputy Building Official Carl Lynch was present. Customer 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 April 26, 2020 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the Old Business, case DEL-21-029 was withdrawn and case DEL-21-004 (Massey) is continued and under New Business case DEL-21-066 was withdrawn, and case DEL-21-013 is continued. City of Deltona Page 1 Printed on 10/28/2021 Special Magistrate Minutes May 26, 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-21-004 MASSEY 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 Richard Lovett Case was continued by Officer Richard Lovett until June 23, 2021 Code Hearing. B. DEL-21-006 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 38-114 – (Outdoor Storage) – Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged and based on the evidence that the time provided in the prior Order of January 27, 2021 was sufficient to fully correct the violation, a fine in the amount of $5,450.00, representing one hundred and nine (109) 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. Attorney Anissa Bolton was present. C. 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 City of Deltona Page 2 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 edition of the Florida Building Code, Section 105-1 – (No Permit for Carport Roof Extension) – Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged and based on the evidence that the time provided in the prior Order of January 27, 2021 was sufficient to fully correct the violation, a fine in the amount of $5,250.00, representing one hundred and five (105) 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. Attorney Anissa Bolton was present. D. DEL-21-029 MASSEY 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 Withdrawn. E. DEL-21-043 MASSEY 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 Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of April 28, 2021 was sufficient to fully correct the violation, a fine in the amount of $6,250.00, representing twenty five (25) 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. F. DEL-21-044 MASSEY Property Address: 1507 Monica Court Property Owner: FL Lot CO LLC 822 A1A N Ste 100, Ponta Vedra Beach, Fl 32082 Parcel No.: 813015030340 City of Deltona Page 3 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 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 Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of April 28, 2021 was sufficient to fully correct the violation, a fine in the amount of $6,250.00, representing twenty five (25) 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. 10. NEW BUSINESS: A. DEL-21-013 Property Address: 1761 W Acadian Drive Property Owner: Schreckenghost D A TR 1761 W Acadian Dr Land Trust PO Box 390907, Deltona, Florida 32739 Parcel No.: 813015090010 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 Jose Ortiz Case was continued by Officer Ortiz until June 23, 2021 Code Hearing. B. 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 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. C. DEL-21-035 City of Deltona Page 4 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 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 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. D. DEL-21-051 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 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 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 $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. E. DEL-21-053 Property Address: 2055 E Prairie Circle Property Owner: Glenroy Spencer 1136 Amanda Kay Circle, Sanford, Florida 32771 Parcel No.: 813009420500 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 Special Magistrate found the Respondent in violation of City Code and that the Respondent City of Deltona Page 5 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 correct the violation by sod or seeding the property no later than twenty one (21) days after May 26th, 2021; Respondent, consistent to the City Code, if the intention is to move forward, to obtain all necessary permit(s) within ninety (90) thereafter, that in the event the Respondent does not comply with this Order, a fine in the amount of $50.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with the Order. Glenroy Spencer was present. F. DEL-21-054 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 7014 A C Skinner Pkwy Ste 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 605-1 – (Electrical in Disrepair) – 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 $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. G. DEL-21-055 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 7014 A C Skinner Pkwy Ste 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 304.2 – (Painting in Disrepair) – 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 $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. City of Deltona Page 6 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 H. DEL-21-056 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 7014 A C Skinner Pkwy Ste 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 304.7 – (Canopy in Disrepair) – 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 $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. I. DEL-21-057 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 7014 A C Skinner Pkwy Ste 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 605-1 – (Light Poles in Disrepair) – 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 $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. J. DEL-21-058 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 7014 A C Skinner Pkwy Ste 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.7 – (Shed in City of Deltona Page 7 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 Disrepair) – 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 $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. K. DEL-21-059 Property Address: 801 Deltona Boulevard Property Owner: First Coast Energy LLP 7014 A C Skinner Pkwy Ste 290, Jacksonville, Florida 32256 Parcel No.: 813022330020 Violation: City of Deltona Ordinance, Section 38-110 (a)(2) – (Declaration of 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 $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. L. DEL-21-060 Property Address: 3024 India Boulevard Property Owner: Jacquelyn D JR Jenkins 3024 India Boulevard, Deltona, Florida 32738 Parcel No.: 813044160170 Violation: City of Deltona Ordinance, Section 37-10 – (Public Nuisance) – Officer Marion Lariscy Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) 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. Jacquelyn Jenkins was present. M. DEL-21-061 City of Deltona Page 8 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 Property Address: 1661 Bismark Drive Property Owner: Angel Manuel Zayas 1661 Bismark Drive, Deltona, Florida 32725 Parcel No.: 813015080070 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – Officer Marion Lariscy Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ten (10) 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. N. DEL-21-062 Property Address: 2543 Newmark Drive Property Owner: Christopher Aquino Lamboy & Melissa Ivelisse Latorre Gonzalez 2543 Newmark Drive, Deltona, Florida 32738 Parcel No.: 813040160140 Violation: City of Deltona Code of Ordinances, Section 66-18 (a) – (Improper Parking) – Officer Steve Braukhoff Special Magistrate found that, based on the evidence that the property has now come into compliance, a fine will not be imposed. 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 violation, wherein the Special Magistrate may impose a fine of up to $ 500.00 for each day such violation exists . Christopher Aquino Lamboy and Melissa Ivelisse Latorre Gonzalez were present. O. DEL-21-063 Property Address: 1651 Alloway Drive Property Owner: Debra F & Joseph Monteith 1651 Alloway Drive, Deltona, Florida 32738 Parcel No.: 813043460010 Violation: City of Deltona Code of Ordinances, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1 – (Unsanitary and Unsafety Pool) – 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 fourteen (14) days after this Order is entered City of Deltona Page 9 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 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. Debra Monteith was present. P. DEL-21-064 Property Address: 1651 Alloway Drive Property Owner: Debra F & Joseph Monteith 1651 Alloway Drive, Deltona, Florida 32738 Parcel No.: 813043460010 Violation: City of Deltona Code of Ordinances, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.2 – (Screen Enclosure in Disrepair) – 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 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. Debra Monteith was present. Q. DEL-21-065 Property Address: 177 Rosedale Drive Property Owner: 2017-1 IH Borrower LP 1717 Main Street Ste 2000, Dallas, TX 75201 Parcel No.: 813059390140 Violation: City of Deltona Ordinance, Section 37-10 – (Public Nuisance – Fire Damage) – 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 ten (10) 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. R. DEL-21-066 Property Address: 2796 Flynn Street Property Owner: TAH 2017-1 Borrower LLC, % Tricon American Homes LLC City of Deltona Page 10 Printed on 10/28/2021 Special Magistrate Minutes May 26, 2021 1508 Brookhollow Drive, Santa Ana, CA 92705 Parcel No.: 813054140060 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 Miron San Miguel Withdrawn. S. DEL-21-067 Property Address: 2502 Shiprock Court Property Owner: James & Cheri Rada 2502 Shiprock Court, Deltona, Florida 32738 Parcel No.: 813041200140 Violation: City of Deltona Ordinance, Section 14-2 – (Public Nuisance - Animals) – Officer Scott Danley Case was continued by Special Magistrate Reischmann until June 23, 2021 Code Hearing. James Rada, Clement Kohler and Brooke Light were present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 7:45 p.m. _________________________________ Special Magistrate William Reischmann Jr. Attest: ____________________________ Hearing Clerk Angelia Lima-Meyers City of Deltona Page 11 Printed on 10/28/2021