Special Magistrate
Special MeetingDeltona, FL · August 25, 2021
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withdrawn, and cases DEL-21-110 & DEL-21-121 are continued.
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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.
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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
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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
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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
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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
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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
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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,
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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.
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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
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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
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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
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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
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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
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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
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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) –
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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 -
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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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