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Special Magistrate

Special Meeting

Deltona, FL · August 25, 2021

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, August 25, 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 Supervisor Richard Lovett was present. Planning & Development Director Ron Paradise was present. Legal/Lien Assistant Gladys Merced was present. Deputy Building Official Carl Lynch 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 July 28, 2021 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the Old Business, case DEL-21-105 is continued and under New Business cases DEL-21-108, DEL-21-109 & DEL-21-118 were withdrawn, and cases DEL-21-110 & DEL-21-121 are continued. City of Deltona Page 1 Printed on 10/28/2021 Special Magistrate Minutes August 25, 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-21-090 MASSEY 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) – Restrictions on trucks and other vehicles - which states a maximum of two (2) vehicles may be parked in side or rear yards Officer: Marion Lariscy Special Magistrate fount the Respondent in violation of the City Code and based on the evidence that the time provided to comply in the prior Order of July 28, 2021 was sufficient to fully correct the violation, a fine in the amount of $2,000.00, representing twenty (20) 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-21-092 MASSEY 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 - which states that all sidewalks, walkways, stairs, driveways, parking spaces and sum areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Officer: Dennis Mues Special Magistrate fount the Respondent in violation of the City Code and based on the evidence that the time provided to comply in the prior Order of July 28, 2021 was sufficient to fully correct the violation, a fine in the amount of $2,100.00, representing twenty one (21) 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. City of Deltona Page 2 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 C. DEL-21-105 MASSEY 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 - which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. Officer: Jeff Scott Case was continued by Officer Jeff Scott until September 22, 2021 Code Hearing. D. DEL-21-070 MASSEY 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) - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Miron San Miguel Special Magistrate fount the Respondent in violation of the 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 $900.00, representing eighteen (18) days at $50.00 per day (consistent with prior Order) is imposed. The fine will continue to City of Deltona Page 3 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Rafael Colon was present. E. DEL-21-071 MASSEY 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 - which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited Officer: Miron San Miguel 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 June 23, 2021 was sufficient to fully correct the violation, the fine in the amount of $1,650.00 representing thirty three (33) days at $50.00 per day (consistent with prior Order) is reduced to a one-time fine of $500.00. The condition of the property constitutes a serious and imminent threat to the public health, safety, and welfare. Therefore, by this Order, the Special Magistrate notifies the City of Deltona governing body that City staff can, per Section 162 of the Florida Statutes, abate this condition and code violation; and thereafter, charge the violator/Respondent with the reasonable cost of repairs. Rafael Colon was present. F. DEL-21-072 MASSEY 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) - Declaration of Nuisance – which states that accumulations of waste, yard trash, or rubble and debris are declared to be a nuisance and must be abated in its entirety. Officer: Miron San Miguel City of Deltona Page 4 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 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 June 23, 2021 was sufficient to fully correct the violation, the fine in the amount of $1,650.00 representing thirty three (33) days at $50.00 per day (consistent with prior Order) is reduced to a one-time fine of $500.00. The condition of the property constitutes a serious and imminent threat to the public health, safety, and welfare. Therefore, by this Order, the Special Magistrate notifies the City of Deltona governing body that City staff can, per Section 162 of the Florida Statutes, abate this condition and code violation; and thereafter, charge the violator/Respondent with the reasonable cost of repairs. Rafael Colon was present. G. DEL-21-073 MASSEY 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) – Restrictions on trucks and other vehicles - which states that no vehicles greater than 10,000 pounds manufacturer's gross vehicle weight or designed to carry 16 or more passengers, or requiring a commercial driver’s license (CDL) of any endorsement to operate shall be parked or stored in any residential or agricultural zoning district except in agricultural areas on lots of five acres or more. Officer: Miron San Miguel 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 June 23, 2021 was sufficient to fully correct the violation, the fine in the amount of $2,450.00 representing forty nine (49) days at $50.00 per day (consistent with prior Order) is reduced to a one-time fine of $500.00. The condition of the property constitutes a serious and imminent threat to the public health, safety, and welfare. Therefore, by this Order, the Special Magistrate notifies the City of Deltona governing body that City staff can, per Section 162 of the Florida Statutes, abate this condition and code violation; and thereafter, charge the violator/Respondent with the reasonable cost of repairs. Rafael Colon was present. H. DEL-21-074 MASSEY 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) Declaration of City of Deltona Page 5 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 Nuisance - which states that accumulations of waste, yard trash, or rubble and debris are declared to be a nuisance and must be abated in its entirety. Officer: Miron San Miguel Withdrawn. I. DEL-21-075 MASSEY 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 – Wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicles and parts of vehicles prohibited – which states that no person in charge or control of any property in the city, whether public or private property, whether as owner, tenant, occupant or otherwise shall allow any wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles to remain in such property longer than five days, unless such vehicle is located in a fully enclosed (or capable of being fully enclosed) building such as a garage or shed. For purposes of this section, a carport does not constitute an enclosed building. Officer: Miron San Miguel Special Magistrate found the Respondents in compliance of City Code and based on the evidence that the time provided to comply in the prior Order of June 23, 2021 was insufficient to fully correct the violation, the fine in the amount of $500.00 representing eleven (11) days at $50.00 per day (consistent with prior Order) is reduced to a $100.00. Scott Stevens was present. J. DEL-21-076 MASSEY 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 – which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any City of Deltona Page 6 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. Officer: Miron San Miguel Withdrawn. K. DEL-21-077 MASSEY 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) – Restrictions on trucks and other vehicles - which states that no vehicles may be parked or stored in the front yard forward of the edge of the principal dwelling except on the approved driveway or driveway extension. Officer: Miron San Miguel Special Magistrate found the Respondents in compliance of City Code and based on the evidence that the time provided to comply in the prior Order of June 23, 2021 was insufficient to fully correct the violation, the fine in the amount of $550.00 representing eleven (11) days at $50.00 per day (consistent with prior Order) is reduced to a $100.00. Scott Stevens was present. L. DEL-21-078 MASSEY 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 – Wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicles and parts of vehicles prohibited – which states that no person in charge or control of any property in the city, whether public or private property, whether as owner, tenant, occupant or otherwise shall allow any wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles to remain in such property longer than five days, unless such vehicle is located in a fully enclosed (or City of Deltona Page 7 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 capable of being fully enclosed) building such as a garage or shed. For purposes of this section, a carport does not constitute an enclosed building. Officer: Miron San Miguel Special Magistrate found Respondent in compliance with the 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 $1,050.00, representing twenty one (21) days at $50.00 per day (consistent with prior Order) is reduced to $100.00. Scott Stevens was present. M. DEL-21-079 MASSEY 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 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Right-of-Way) – which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Miron San Miguel Withdrawn. 10. NEW BUSINESS: A. DEL-21-108 Property Address: 785 Deltona Boulevard Property Owner: Orange City Texaco Mart Inc. 5145 N Hwy 17, Deleon Springs, Florida 32130 Parcel No.: 813022340010 Violation: City of Deltona Code of Ordinances, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2 – Protective treatment - which states that all exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, City of Deltona Page 8 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Officer: Dennis Mues Withdrawn. B. DEL-21-109 Property Address: 785 Deltona Boulevard Property Owner: Orange City Texaco Mart Inc. 5145 N Hwy 17, Deleon Springs, Florida 32130 Parcel No.: 813022340010 Violation: City of Deltona Code of Ordinances, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.9 – Overhang Extensions - which states that all overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment. Officer: Dennis Mues Withdrawn. C. DEL-21-110 Property Address: 1260 Deltona Boulevard Property Owner: Barnett Building LLC 1260 Deltona Boulevard, Deltona, Florida 32725 Parcel No.: 813022340010 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit for Signs - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. City of Deltona Page 9 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 Officer: Dennis Mues Case was continued by Officer Mues until September 22, 2021 Code Hearing. D. DEL-21-111 Property Address: 1066 McCormick Drive Property Owner: Mario Augusto Osorio Padron & Christina M Osorio 1066 McCormick Drive, Deltona, Florida 32725 Parcel No.: 813005550090 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Miron San Miguel Case was continued by the Special Magistrate until September 22, 2021 Code Hearing. Mario Osorio was present. E. DEL-21-112 Property Address: 1066 McCormick Drive Property Owner: Mario Augusto Osorio Padron & Christina M Osorio 1066 McCormick Drive, Deltona, Florida 32725 Parcel No.: 813005550090 Violation: City of Deltona Code of Ordinances, Section 38-110 (b)(2) – Declaration of nuisance - which states that accumulations of waste, yard trash, or rubble and debris are declared to be a nuisance and must be abated in its entirety; Section 38-114 – Outdoor Storage – which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential City of Deltona Page 10 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 use, shall be prohibited. Furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard next to the rear wall of the home. Officer: Miron San Miguel Case was continued by the Special Magistrate until September 22, 2021 Code Hearing. Mario Osorio was present. F. DEL-21-113 Property Address: 934 Crawford Street Property Owner: Nancy Harmon 578 S Anchor Drive, Deltona, Florida 32725 Parcel No.: 813028170240 Violation: City of Deltona Code of Ordinances, Section 38-110 (a)(2) – Declaration of nuisance - which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. Officer: Steve Braukhoff Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than fourteen (14) days after August 25, 2021; that in the event the Respondent does not comply with this 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 the Respondent is further ordered to contact the Code Enforcement Officer to verify compliance with the Order. No one representing the Respondent was present. G. DEL-21-114 Property Address: 990 Windbrook Drive Property Owner: Artemio Ramirez 990 Windbrook Drive, Deltona, Florida 32725 Parcel No.: 813012010110 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 116.1 – Conditions, structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be City of Deltona Page 11 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 deemed an unsafe condition, Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secure against entry shall be deemed unsafe. Officer: Miron San Miguel Special Magistrate found the Respondent is in violation of City Code as charged, that the Respondent correct the violation no later than two (2) days from August 25, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $250.00 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. Jose Ortiz, representing the property owner was present. H. DEL-21-115 Property Address: 772 Vercelli Street Property Owner: Robert & Lorna Lindstrom 772 Vercelli Street, Deltona, Florida 32725 Parcel No.: 813003470100 Violation: City of Deltona Code of Ordinances, Section 38-113 (a) – Public rights-of-way - which states that It shall be the responsibility of every owner, agent or tenant of improved property in the city to, at all times, maintain those rights-of-ways most nearly abutting their property. These responsibilities shall include removing litter and debris, and cutting the grass and weeds to maintain a neat and trimmed appearance. 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. However, given that the property failed to come into compliance by the deadline provided in the Notice of Violation, 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. No one representing the Respondent was present. I. DEL-21-116 Property Address: 1420 Courtland Boulevard Property Owner: Life Fellowship Church of the Nazarene Inc 1420 Courtland Boulevard, Deltona, Florida 32738 Parcel No.: 813038000070 Violation: City of Deltona Code of Ordinances, Section 18-3, Fire Safety Doors – adopting the latest edition of the Florida Building Code, Section 703.2 which states that required opening protectives shall be maintained in City of Deltona Page 12 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. Officer: Marion Lariscy Withdrawn. J. DEL-21-117 Property Address: 2907 Arrendonda Drive Property Owner: Victor E Abreu Acevedo, Mayra E Almonte & Delfy Julia Ogando Gonzalez 2907 Arrendonda Drive, Deltona, Florida 32738 Parcel No.: 813059430170 Violation: City of Deltona Code of Ordinances, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 302.7 – Accessory Structures - which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Officer: Marion Lariscy Special Magistrate found the Respondents in violation of City Code and that the Respondents correct the violation no later than ten (10) days after August 25, 2021; that in the event the Respondents do 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 Respondents are further ordered to contact the Code Enforcement Officer to verify compliance with the Order. Victor Abreu was present. K. DEL-21-118 Property Address: 2286 Montano Street Property Owner: Christina D & Manuel Cisneros 2286 Montano Street, Deltona, Florida 32738 Parcel No.: 813041120180 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure (Fence) - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy City of Deltona Page 13 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 Withdrawn. L. DEL-21-119 Property Address: 2286 Montano Street Property Owner: Christina D & Manuel Cisneros 2286 Montano Street, Deltona, Florida 32738 Parcel No.: 813041120180 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure (Cone Box) - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy Special Magistrate found the Respondents is in violation of City Code as charged, that the Respondents correct the violation no later than eighty three (83) days (November 16, 2021), from August 25, 2021; that in the event the Respondents 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. Manuel Cisneros was present. M. DEL-21-120 Property Address: 2286 Montano Street Property Owner: Christina D & Manuel Cisneros 2286 Montano Street, Deltona, Florida 32738 Parcel No.: 813041120180 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy City of Deltona Page 14 Printed on 10/28/2021 Special Magistrate Minutes August 25, 2021 Case was continued by the Special Magistrate until September 22, 2021 Code Hearing. N. DEL-21-121 Property Address: 887 Deltona Boulevard Property Owner: Land Trust Service Corp P.O. Box 186 Lake Wales FL, Lake Wales, FL 33859 Parcel No.: 803604010050 Violation: City of Deltona Code of Ordinances, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2 – Protective Treatment - which states that all exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Officer: Dennis Mues Case was continued by Officer Mues until September 22, 2021 Code Hearing. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 7:12 p.m. _________________________________ Special Magistrate William Reischmann Jr. Attest: _____________________________ Hearing Clerk Angelia Lima-Meyers City of Deltona Page 15 Printed on 10/28/2021

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda Special Magistrate Wednesday, August 25, 2021 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: 6. APPROVAL OF AGENDA & MINUTES: Meeting Minutes of July 28, 2021. 7. ANNOUNCEMENTS: 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-21-090 MASSEY 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) – Restrictions on trucks and other vehicles - which states a maximum of two (2) vehicles may be parked in side or rear yards Officer: Marion Lariscy B. DEL-21-092 MASSEY Property Address: 1130 Deltona Boulevard Property Owner: First Union National Bank of Florida P. O. Box 36246, Charlotte, NC 28236-6246 Parcel No.: 813006000021 City of Deltona Page 1 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 Violation: City of Deltona Ordinance, Section 18-5, the latest edition of the International Property Maintenance Code, Section 302.3 Sidewalks and Driveways - which states that all sidewalks, walkways, stairs, driveways, parking spaces and sum areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Officer: Dennis Mues C. DEL-21-105 MASSEY 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 - which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. Officer: Jeff Scott D. DEL-21-070 MASSEY 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) - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Miron San Miguel City of Deltona Page 2 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 E. DEL-21-071 MASSEY 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 - which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited Officer: Miron San Miguel F. DEL-21-072 MASSEY 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) - Declaration of Nuisance – which states that accumulations of waste, yard trash, or rubble and debris are declared to be a nuisance and must be abated in its entirety. Officer: Miron San Miguel G. DEL-21-073 MASSEY 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) – Restrictions on trucks and other vehicles - which states that no vehicles greater than 10,000 pounds manufacturer's gross vehicle weight or designed to carry 16 or more passengers, or requiring a commercial driver’s license (CDL) of any endorsement to operate shall be parked or stored in any residential or agricultural zoning district except in agricultural areas on lots of five acres or more. Officer: Miron San Miguel City of Deltona Page 3 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 H. DEL-21-074 MASSEY 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) Declaration of Nuisance - which states that accumulations of waste, yard trash, or rubble and debris are declared to be a nuisance and must be abated in its entirety. Officer: Miron San Miguel I. DEL-21-075 MASSEY 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 – Wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicles and parts of vehicles prohibited – which states that no person in charge or control of any property in the city, whether public or private property, whether as owner, tenant, occupant or otherwise shall allow any wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles to remain in such property longer than five days, unless such vehicle is located in a fully enclosed (or capable of being fully enclosed) building such as a garage or shed. For purposes of this section, a carport does not constitute an enclosed building. Officer: Miron San Miguel J. DEL-21-076 MASSEY 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 – which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or City of Deltona Page 4 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. Officer: Miron San Miguel K. DEL-21-077 MASSEY 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) – Restrictions on trucks and other vehicles - which states that no vehicles may be parked or stored in the front yard forward of the edge of the principal dwelling except on the approved driveway or driveway extension. Officer: Miron San Miguel L. DEL-21-078 MASSEY 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 – Wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicles and parts of vehicles prohibited – which states that no person in charge or control of any property in the city, whether public or private property, whether as owner, tenant, occupant or otherwise shall allow any wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles to remain in such property longer than five days, unless such vehicle is located in a fully enclosed (or capable of being fully enclosed) building such as a garage or shed. For purposes of this section, a carport does not constitute an enclosed building. Officer: Miron San Miguel M. DEL-21-079 MASSEY 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 18-3, adopting the latest edition of the Florida Building Code, Section 105-1 – (No Permit for Right-of-Way) – City of Deltona Page 5 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Miron San Miguel 10. NEW BUSINESS: A. DEL-21-108 Property Address: 785 Deltona Boulevard Property Owner: Orange City Texaco Mart Inc. 5145 N Hwy 17, Deleon Springs, Florida 32130 Parcel No.: 813022340010 Violation: City of Deltona Code of Ordinances, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2 – Protective treatment - which states that all exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Officer: Dennis Mues B. DEL-21-109 Property Address: 785 Deltona Boulevard Property Owner: Orange City Texaco Mart Inc. 5145 N Hwy 17, Deleon Springs, Florida 32130 Parcel No.: 813022340010 Violation: City of Deltona Code of Ordinances, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.9 – Overhang Extensions - which states that all overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment. Officer: Dennis Mues City of Deltona Page 6 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 C. DEL-21-110 Property Address: 1260 Deltona Boulevard Property Owner: Barnett Building LLC 1260 Deltona Boulevard, Deltona, Florida 32725 Parcel No.: 813022340010 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit for Signs - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Dennis Mues D. DEL-21-111 Property Address: 1066 McCormick Drive Property Owner: Mario Augusto Osorio Padron & Christina M Osorio 1066 McCormick Drive, Deltona, Florida 32725 Parcel No.: 813005550090 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Miron San Miguel E. DEL-21-112 Property Address: 1066 McCormick Drive Property Owner: Mario Augusto Osorio Padron & Christina M Osorio 1066 McCormick Drive, Deltona, Florida 32725 Parcel No.: 813005550090 Violation: City of Deltona Code of Ordinances, Section 38-110 (b)(2) – Declaration of nuisance - which states that accumulations of waste, yard trash, or rubble and debris are declared to be a nuisance and must be abated in its entirety; Section 38-114 – Outdoor Storage – which states that furniture outside City of Deltona Page 7 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home as well as stored of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. Furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard next to the rear wall of the home. Officer: Miron San Miguel F. DEL-21-113 Property Address: 934 Crawford Street Property Owner: Nancy Harmon 578 S Anchor Drive, Deltona, Florida 32725 Parcel No.: 813028170240 Violation: City of Deltona Code of Ordinances, Section 38-110 (a)(2) – Declaration of nuisance - which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. Officer: Steve Braukhoff G. DEL-21-114 Property Address: 990 Windbrook Drive Property Owner: Artemio Ramirez 990 Windbrook Drive, Deltona, Florida 32725 Parcel No.: 813012010110 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 116.1 – Conditions, structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition, Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure City of Deltona Page 8 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 that is not secure against entry shall be deemed unsafe. Officer: Miron San Miguel H. DEL-21-115 Property Address: 772 Vercelli Street Property Owner: Robert & Lorna Lindstrom 772 Vercelli Street, Deltona, Florida 32725 Parcel No.: 813003470100 Violation: City of Deltona Code of Ordinances, Section 38-113 (a) – Public rights-of-way - which states that It shall be the responsibility of every owner, agent or tenant of improved property in the city to, at all times, maintain those rights-of-ways most nearly abutting their property. These responsibilities shall include removing litter and debris, and cutting the grass and weeds to maintain a neat and trimmed appearance. Officer: Steve Braukhoff I. DEL-21-116 Property Address: 1420 Courtland Boulevard Property Owner: Life Fellowship Church of the Nazarene Inc 1420 Courtland Boulevard, Deltona, Florida 32738 Parcel No.: 813038000070 Violation: City of Deltona Code of Ordinances, Section 18-3, Fire Safety Doors – adopting the latest edition of the Florida Building Code, Section 703.2 which states that required opening protectives shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. Officer: Marion Lariscy J. DEL-21-117 Property Address: 2907 Arrendonda Drive Property Owner: Victor E Abreu Acevedo, Mayra E Almonte & Delfy Julia Ogando Gonzalez 2907 Arrendonda Drive, Deltona, Florida 32738 Parcel No.: 813059430170 Violation: City of Deltona Code of Ordinances, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 302.7 – Accessory Structures - which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. City of Deltona Page 9 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 Officer: Marion Lariscy K. DEL-21-118 Property Address: 2286 Montano Street Property Owner: Christina D & Manuel Cisneros 2286 Montano Street, Deltona, Florida 32738 Parcel No.: 813041120180 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure (Fence) - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy L. DEL-21-119 Property Address: 2286 Montano Street Property Owner: Christina D & Manuel Cisneros 2286 Montano Street, Deltona, Florida 32738 Parcel No.: 813041120180 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure (Cone Box) - which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy M. DEL-21-120 Property Address: 2286 Montano Street Property Owner: Christina D & Manuel Cisneros 2286 Montano Street, Deltona, Florida 32738 Parcel No.: 813041120180 Violation: City of Deltona Code of Ordinances, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1 – No Permit Structure - City of Deltona Page 10 Printed on 8/11/2021 Special Magistrate Agenda August 25, 2021 which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy N. DEL-21-121 Property Address: 887 Deltona Boulevard Property Owner: Land Trust Service Corp P.O. Box 186 Lake Wales FL, Lake Wales, FL 33859 Parcel No.: 803604010050 Violation: City of Deltona Code of Ordinances, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2 – Protective Treatment - which states that all exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Officer: Dennis Mues 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk, Joyce Raftery 3 business days in advance of the meeting date and time at (386) 878-8500. City of Deltona Page 11 Printed on 8/11/2021

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