Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, June 23, 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. was 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. Legal/Lien Assistant Gladys Merced was present. Customer Service Supervisor Danny Ron was present. Planning & Development Director Ron Paradise was present. Building Official John Boden 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 May 26, 2021 and June 7, 2021 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann under New Business cases DEL-21-069 and DEL-21-082 City of Deltona Page 1 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 were withdrawn, and cases DEL-21-068 & DEL-21-087 are continued. 8.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 Lariscy. Special Magistrate found the Respondent in violation of the City Ordinances and based on the evidence provided at the hearing, a fine in the amount of $2,125.00, representing eighty seven (87) days at $25.00 per day (consistent with prior Order) is deferred and will not be imposed if the property comes into compliance thirty (30) days from this hearing. However, if the property does not come to compliance on or before July 23, 2021, the fine of $2,125.00 (thru 6/23/2021) will be imposed and it 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-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 Special Magistrate until July 28, 2021 Code Hearing. C. DEL-21-061 MASSEY City of Deltona Page 2 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 Property Address: 1661 Bismarck Drive Property Owner: Angel Manuel Zayas 1661 Bismarck 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 compliance with the City Code and based on the evidence that the time provided to comply in the prior Order of May 26, 2021 was insufficient to correct the violation, a fine will not be imposed. No one representing the Respondent was present. D. DEL-21-065 MASSEY 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 Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of May 26, 2021 was sufficient to fully correct the violation, a fine in the amount of $4,250.00, representing seventeen (17) 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-21-067 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 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. James Rada was present. Witnesses Clement City of Deltona Page 3 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 Kohler and Margarita Rivera were present. B. DEL-21-068 Property Address: 1057 Angora Street Property Owner: Maria Font 1057 Angora Street, Deltona, Florida 32725 Parcel No.: 813005620170 Violation: City of Deltona Ordinance, Section 37-10 – (Nuisance - Tarp on Roof) – Officer Marion Lariscy Case was continued by Officer Lariscy until July 28, 2021's Code Hearing. C. DEL-21-069 Property Address: 1709 S Village Drive Property Owner: Mark Stuart Hickson 510 Doyle Road, Osteen, Florida 32725 Parcel No.: 813011140440 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.7 – (Fence in Disrepair) – Officer Miron San Miguel Withdrawn. D. DEL-21-070 Property Address: 179 Citation Avenue Property Owner: Vivian & Rafael Colon 179 Citation Avenue, Deltona, Florida 32738 Parcel No.: 813063090010 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Shed and Other Structures) – Officer Miron San Miguel Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than forty five (45) 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 aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Rafael Colon was present. E. DEL-21-071 City of Deltona Page 4 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 Property Address: 179 Citation Avenue Property Owner: Vivian & Rafael Colon 179 Citation Avenue, Deltona, Florida 32738 Parcel No.: 813063090010 Violation: City of Deltona Ordinance, Section 38-114 – (Outdoor Storage) – Officer Miron San Miguel 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Rafael Colon was present. F. DEL-21-072 Property Address: 179 Citation Avenue Property Owner: Vivian & Rafael Colon 179 Citation Avenue, Deltona, Florida 32738 Parcel No.: 813063090010 Violation: City of Deltona Ordinance, Section 38-110 (b)(2) – (Nuisance – Debris) – Officer Miron San Miguel 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Rafael Colon was present. G. DEL-21-073 Property Address: 179 Citation Avenue Property Owner: Vivian & Rafael Colon 179 Citation Avenue, Deltona, Florida 32738 Parcel No.: 813063090010 Violation: City of Deltona Code of Ordinances, Section 66-18 (a) – (Improper Parking) – Officer Miron San Miguel Special Magistrate found the Respondents in violation of City Code as charged, that the Respondents correct the violation no later than fourteen (14) 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 aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Rafael Colon was present. City of Deltona Page 5 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 H. DEL-21-074 Property Address: 2481 Barbarossa Avenue Property Owner: Talon Savtori LLC TR 17053 Arrowhead Boulevard, Winter Garden, Florida 34787 Parcel No.: 813074060050 Violation: City of Deltona Ordinance, Section 38-110 (b)(2) – (Nuisance – Debris) – 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 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Cheryl Damboise and Scott Stevens were present. I. DEL-21-075 Property Address: 2481 Barbarossa Avenue Property Owner: Talon Savtori LLC TR 17053 Arrowhead Boulevard, Winter Garden, Florida 34787 Parcel No.: 813074060050 Violation: City of Deltona Ordinance, Section 66-57 – (Nuisance – Debris) – 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 seven (7) 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 aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Cheryl Damboise and Scott Stevens were present. J. DEL-21-076 Property Address: 2481 Barbarossa Avenue Property Owner: Talon Savtori LLC TR 17053 Arrowhead Boulevard, Winter Garden, Florida 34787 Parcel No.: 813074060050 Violation: City of Deltona Ordinance, Section 38-114 – (Outdoor Storage) – Officer Miron San Miguel Special Magistrate found the Respondent in violation of City Code as charged, that the City of Deltona Page 6 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Cheryl Damboise and Scott Stevens were present. K. DEL-21-077 Property Address: 2481 Barbarossa Avenue Property Owner: Talon Savtori LLC TR 17053 Arrowhead Boulevard, Winter Garden, Florida 34787 Parcel No.: 813074060050 Violation: City of Deltona Ordinance, Section 66-18 (e) – (Improper Parking) – 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 seven (7) 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 aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Cheryl Damboise and Scott Stevens were present. L. DEL-21-078 Property Address: 2481 Barbarossa Avenue Property Owner: Talon Savtori LLC TR 17053 Arrowhead Boulevard, Winter Garden, Florida 34787 Parcel No.: 813074060050 Violation: City of Deltona Ordinance, Section 66-57 – (Nuisance – Debris) – 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 aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Cheryl Damboise and Scott Stevens were present. M. DEL-21-079 Property Address: 2481 Barbarossa Avenue Property Owner: Talon Savtori LLC TR City of Deltona Page 7 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 17053 Arrowhead Boulevard, Winter Garden, Florida 34787 Parcel No.: 813074060050 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Right-of-Way) – 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 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 $50.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Cheryl Damboise and Scott Stevens were present. N. DEL-21-080 Property Address: 100 Enterprise Road Property Owner: Rafael Osorio Rodriguez & Haydee Roque-Moure 590 Geraldine Drive, Deltona, Florida 32725 Parcel No.: 813022330010 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.7 – (Fence in Disrepair) – Officer Richard Lovett Withdrawn. O. DEL-21-081 Property Address: 100 Enterprise Road Property Owner: Rafael Osorio Rodriguez & Haydee Roque-Moure 590 Geraldine Drive, Deltona, Florida 32725 Parcel No.: 813022330010 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 304.7 – (Roof in Disrepair) – Officer Richard Lovett 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 aforestated date, that Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with this order. Rafael Osorio Rodriguez was present. P. DEL-21-082 City of Deltona Page 8 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 Property Address: 2070 Oneida Court Property Owner: Dena Perrine & Johnny Henry 2070 Oneida Court, Deltona, Florida 32738 Parcel No.: 813064120010 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.7 – (Fence in Disrepair) – Officer Jeff Scott Withdrawn. Q. DEL-21-083 Property Address: 3193 Newmark Drive Property Owner: Noemi Concha De Flores 3193 Newmark Drive, Deltona, Florida 32738 Parcel No.: 813073140060 Violation: City of Deltona Ordinance, Section 38-110 (b)(2) – (Nuisance – Debris) – Officer Jeff 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 $25.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Noemi Concha De Flores was present. R. DEL-21-084 Property Address: 3193 Newmark Drive Property Owner: Noemi Concha De Flores 3193 Newmark Drive, Deltona, Florida 32738 Parcel No.: 813073140060 Violation: City of Deltona Ordinance, Section 66-18 (h) – (Improper Parking) – Officer Jeff 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 $25.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Noemi Concha De Flores was present. S. DEL-21-085 City of Deltona Page 9 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 Property Address: 3193 Newmark Drive Property Owner: Noemi Concha De Flores 3193 Newmark Drive, Deltona, Florida 32738 Parcel No.: 813073140060 Violation: City of Deltona Ordinance, Section 66-56 – (Inoperable Vehicles) – Officer Jeff 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 $25.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Noemi Concha De Flores was present. T. DEL-21-086 Property Address: 3193 Newmark Drive Property Owner: Noemi Concha De Flores 3193 Newmark Drive, Deltona, Florida 32738 Parcel No.: 813073140060 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 Jeff 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 $25.00 will be imposed for each and every day the violation continues past the aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Noemi Concha De Flores was present. U. DEL-21-087 Property Address: 2187 Howland Boulevard Property Owner: Occupanvy Expense Dpt., CVS 5854 LLC 1 CVS Drive, Woonsocket, RI 02895 Parcel No.: 811402000010 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit) – Officer Jeff Scott Case was continued by Officer Jeff Scott until July 28, 2021's Code Hearing. City of Deltona Page 10 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 V. DEL-20-088 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 110-101 (B) - (No Permit for Structures) – Officer Marion Lariscy. 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 $25.00 will be imposed for each and every day the violation continues past the aforestated 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. W. DEL-20-089 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 38-113 (b) - (No Permit for Structures) – Officer Marion Lariscy 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 $25.00 will be imposed for each and every day the violation continues past the aforestated 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. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 7:57 p.m. _________________________________ City of Deltona Page 11 Printed on 10/28/2021 Special Magistrate Minutes June 23, 2021 Special Magistrate William Reischmann Jr. Attest: _____________________________ Hearing Clerk Angelia Lima-Meyers City of Deltona Page 12 Printed on 10/28/2021