Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, July 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. was present. Hearing Clerk Angela Lima-Meyer was present. Enforcement Services Supervisors Richard Lovett and Mark Gibson were present. City Attorney Marsha Segal-George was present. Legal/Lien Assistant Gladys Merced was present. Planning & Development Services Director Ron Paradise 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 June 23, 2021 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the Old Business, case DEL-21-067 (MASSEY) was withdrawn and under New Business cases DEL-21-087, DEL-21-091, DEL-21-097 and DEL-21-107 were withdrawn. City of Deltona Page 1 Printed on 10/28/2021 Special Magistrate Minutes July 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-21-036 MASSEY 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 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 $1,525.00, representing sixty one (61) days at $25.00 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. B. DEL-21-048 MASSEY 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 Ordinance, Sec. 38-110(a)(2) – (Declaration of Nuisance - Debris) - Officer Steve Braukhoff 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 April 28, 2021 was sufficient to fully correct the violation, a fine in the amount of $1,550.00, representing thirty one (31) 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. Nilda and Honorio Hernandez were present. C. DEL-21-067 MASSEY Property Address: 2502 Shiprock Court Property Owner: James & Cheri Rada 2502 Shiprock Court, Deltona, Florida 32738 City of Deltona Page 2 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 Parcel No.: 813041200140 Violation: City of Deltona Ordinance, Section 14-2 – (Public Nuisance - Animals) – Officer Scott Danley Withdrawn. D. DEL-21-083 MASSEY 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 Withdrawn. E. DEL-21-085 MASSEY 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 – (Abandoned Vehicles) – Officer Jeff Scott Special Magistrate found the Respondent in violation of City Code and based on the evidence that the time provided to comply in the prior Order of June 23, 2021 was sufficient to fully correct the violation, a fine in the amount of $525.00, representing twenty one (21) days at $25.00 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-21-088 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 110-101 (B) - (No Permit for Structures) – Officer Marion Lariscy. Special Magistrate found the Respondent in violation of City Code and based on the evidence that the time provided to comply in the prior Order of June 23, 2021 was sufficient to fully correct the violation, a fine in the amount of $125.00, representing five (5) days at City of Deltona Page 3 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 $25.00 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. G. DEL-21-089 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 38-113 (b) - ( Structures on R.O.W.) – Officer Marion Lariscy Withdrawn. 10. NEW BUSINESS: A. 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 Special Magistrate found the Respondent is in violation of City Code and that the Respondent correct the violation no later than thirty (30) days after July 28, 2021; 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. No one representing the Respondent was present. B. 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 Withdrawn. City of Deltona Page 4 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 C. DEL-21-090 Property Address: 1480 Pear Avenue Property Owner: Johanalis Rosa Hernandez 1480 Pear Avenue, Deltona, Florida 32738 Parcel No.: 813040030090 Violation: City of Deltona Ordinance, Section 66-18 (h) – (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 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 $100.00 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. D. DEL-21-091 Property Address: 1240 Providence Boulevard Property Owner: Chulli Corp 7780 Islewood Court, Sanford, Florida 32771 Parcel No.: 813005470420 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Mechanical Work) – Officer Dennis Mues Withdrawn. E. DEL-21-092 Property Address: 1130 Deltona Boulevard Property Owner: First Union National Bank of Florida P. O. Box 36246, Charlotte, NC 28236-6246 Parcel No.: 813006000021 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.3 Sidewalks and Driveways – (Parking Lot 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 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 $100.00 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 City of Deltona Page 5 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 Officer to verify compliance with this order. No one representing the Respondent was present. F. DEL-21-093 Property Address: 900 Deltona Boulevard Property Owner: All American Oil LLC 380 Commerce Parkway, Rockledge, FL 32955 Parcel No.: 813022210110 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 304.9 - Overhang Extensions – (Sign 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 $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. Mr. Patel was present, representing the owner of the property. G. DEL-21-094 Property Address: 900 Deltona Boulevard Property Owner: All American Oil LLC 380 Commerce Parkway, Rockledge, FL 32955 Parcel No.: 813022210110 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.3 (Driveway 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 $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. Mr. Patel was present, representing the owner of the property. H. DEL-21-095 Property Address: 900 Deltona Boulevard Property Owner: All American Oil LLC City of Deltona Page 6 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 380 Commerce Parkway, Rockledge, FL 32955 Parcel No.: 813022210110 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 $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. Mr. Patel was present, representing the owner of the property. I. DEL-21-096 Property Address: 900 Deltona Boulevard Property Owner: All American Oil LLC 380 Commerce Parkway, Rockledge, FL 32955 Parcel No.: 813022210110 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 aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Mr. Patel was present, representing the owner of the property. J. DEL-21-097 Property Address: 932 Hemingway Drive Property Owner: Maria Drouet 932 Hemingway Drive, Deltona, Florida 32725 Parcel No.: 813005710060 Violation: City of Deltona Ordinance, Section 37-10 (Public Nuisance – Tarp on Roof) – Officer Miron San Miguel Withdrawn. K. DEL-21-099 Property Address: 929 Lovington Drive City of Deltona Page 7 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 Property Owner: Hector J Almedina 929 Lovington Drive, Deltona, Florida 32738 Parcel No.: 813041040080 Violation: City of Deltona Ordinance, Section 37-10 (Public Nuisance – Tarp on Roof) 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 $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. Deidre Rios, representing the property owner, was present. L. DEL-21-100 Property Address: 1223 Polk Court Property Owner: Darel L Royea 578 Sullivan Street, Deltona, Florida 32725 Parcel No.: 813038270050 Violation: City of Deltona Ordinance, Section 110-501 (Structure not Permitted) – Officer Marion Lariscy Special Magistrate found the Respondent in violation of City Code as charged, that the Respondent correct the violation no later than December 1st, 2021, one hundred and twenty five (125) 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. No one representing the Respondent was present. M. DEL-21-101 Property Address: 625 Eldron Avenue Property Owner: Eusebio Avalo, Dilcia Guifarro & Diviana Jolei Avalo Guifarro 625 Eldron Avenue, Deltona, Florida 32738 Parcel No.: 813041320180 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – Officer Marion Lariscy 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 City of Deltona Page 8 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 treated as repeat violation, wherein the Special Magistrate may impose a fine of up to $500.00 for each day such violation exists. No one representing the Respondents was present. N. DEL-21-102 Property Address: 1558 April Avenue Property Owner: Deltoro Construction LLC 8810 Commodity Circle, Orlando, FL 32819 Parcel No.: 813014110100 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.3 (Sidewalk in Disrepair) – Officer Steve Braukhoff Withdrawn. O. DEL-21-103 Property Address: 1558 April Avenue Property Owner: Deltoro Construction LLC 8810 Commodity Circle, Orlando, FL 32819 Parcel No.: 813014110100 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit New SFR) – Officer Steve Braukhoff Withdrawn. P. DEL-21-104 Property Address: 2569 Sedgefield Avenue Property Owner: Miguel Angel Lopez 2569 Sedgefield Avenue, Deltona, Florida 32725 Parcel No.: 813071320080 Violation: City of Deltona Code of Ordinances, Section 66-19 (a) (3) – (Improper Parking) – Officer Steve Braukhoff 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 aforestated date, that Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with this order. Olivia Perrone, representing the owner of the property, was present. City of Deltona Page 9 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 Q. DEL-21-105 Property Address: 2570 Coachman Drive Property Owner: Fred Jones 2570 Coachman Drive, Deltona, Florida 32738 Parcel No.: 813054060210 Violation: City of Deltona Code of Ordinances, Section 38-114 (Outdoor Storage) – Officer Jeff Scott 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 $100.00 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. R. DEL-21-107 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 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2 (Painting in Disrepair) – Officer Richard Lovett Withdrawn. 11. OTHER AND REPEAT BUSINESS: A. DEL-21-106 - REPEAT CASE No.: DEL-16-236 Property Address: 2570 Coachman Drive Property Owner: Fred Jones 2570 Coachman Drive, Deltona, Florida 32738 Parcel No.: 813054060210 Violation: City of Deltona Code of Ordinances, Section 66.18 (h) -(Improper Parking) – Officer Jeff Scott Special Magistrate found the Respondent was in REPEAT VIOLATION of City Code, Section Section 66-18(h), "Restrictions on trucks and other vehicles" which states a maximum of two (2) vehicles may be parked in side or rear yards , pursuant to the Special Magistrate’s original Order of November 22, 2016. A daily fine in the amount of $100.00 City of Deltona Page 10 Printed on 10/28/2021 Special Magistrate Minutes July 28, 2021 per day is hereby imposed for the twenty (20) day(s) of repeat violation, for a total fine of $2,000.00. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 7:11 p.m. _________________________________ Special Magistrate William Reischmann Jr. Attest: ____________________________ Hearing Clerk Angelia Lima-Meyers City of Deltona Page 11 Printed on 10/28/2021