Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, September 22, 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 Danny Ron was present. Code Compliance Assistant Director Richard Lovett was present. Planning & Development Director Ron Paradise was present. Code Compliance Supervisor Mark Gibson 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 August 25, 2021 were approved by the Special Magistrate, William E. Reischmann. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under the New Business, cases DEL21-122, DEL21-123, DEL21-131, DEL21-133 were withdrawn. 8.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-21-060 MASSEY Property Address: 3024 India Boulevard City of Deltona Page 1 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 Property Owner: Jacquelyn D JR Jenkins 3024 India Boulevard, Deltona, Florida 32738 Parcel No.: 813044160170 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Marion Lariscy Special Magistrate found the Respondent in violation of the City Code and based on the evidence that the time provided to comply in the prior Order of May 26, 2021 was sufficient to fully correct the violation, a fine in the amount of $1,200.00, representing twenty four (24) days at $50.00 per day (consistent with prior Order) is imposed. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. No one representing the Respondent was present. B. DEL-21-068 MASSEY Property Address: 1057 Angora Street Property Owner: Maria Font 1057 Angora Street, Deltona, Florida 32738 Parcel No.: 813005620170 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Marion Lariscy Special Magistrate found 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 $1,250.00, representing twenty five (25) days at $50.00 per day (consistent with prior Order) is imposed. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. No one representing the Respondent was present. 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 City of Deltona Page 2 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 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 Special Magistrate dismissed the fine after the recommendation from city staff. No one representing the Respondent was present. D. DEL-21-113 MASSEY 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 amended order from August 25,2021 when respondent was found in violation of City Code as charged. Special Magistrate gave 10 more days from September 22, 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. Assistant Director Richard Lovett advised after the 10 days, the city will be starting the Abatement process at this property if still in violation. Kevin Krich, son of respondent was present. E. DEL-21-114 MASSEY 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 City of Deltona Page 3 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 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 amended his order(Reduction in fine). Special Magistrate found the Respondent in violation of the City Code and based on the evidence that the time provided to comply in the prior Order of August 25, 2021 was sufficient to fully correct the violation, a fine in the amount of $500.00(reduced from $750.00 by the Special Magistrate), representing three (3) days at $250.00 per day (consistent with prior Order) is imposed. Artemio Ramirez, respondent and his daughter were present. 10. NEW BUSINESS: A. 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 - 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 Respondent in violation of City Code as charged, that the Respondent correct the violation no later than November 16, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $50.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. No one representing the respondent was present. B. 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 City of Deltona Page 4 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 – 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 Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than two (2) days after September 22, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $50.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. No one representing the respondent was present. C. DEL-21-122 Property Address: 896 Deltona Boulevard Property Owner: KANHA INC 871 Blairmont Lane, Lake Mary, Florida 32746-7029 Parcel No.: 813022200150 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. D. DEL-21-123 Property Address: 896 Deltona Boulevard Property Owner: KANHA INC 871 Blairmont Lane, Lake Mary, Florida 32746-7029 Parcel No.: 813022200150 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. City of Deltona Page 5 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 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. E. DEL-21-124 Property Address: 1669 N Normandy Boulevard Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250390 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than Ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. F. DEL-21-125 Property Address: 1679 N Normandy Boulevard Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250400 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. City of Deltona Page 6 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 G. DEL-21-126 Property Address: 1689 N Normandy Boulevard Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250410 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. H. DEL-21-127 Property Address: 1669 Farley Court Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250230 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. I. DEL-21-128 Property Address: 1866 Saxon Boulevard Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250440 City of Deltona Page 7 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. J. DEL-21-129 Property Address: 1872 Saxon Boulevard Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250430 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. K. DEL-21-130 Property Address: 1878 Saxon Boulevard Property Owner: Deltona Lakes Investors LLC PO Box 730086, Ormond Beach, Florida 32173 Parcel No.: 813003250420 Violation: City of Deltona Code of Ordinances, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Officer: Dennis Mues City of Deltona Page 8 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 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 Compliance Officer to verify compliance with the Order. Mr Holub representing the respondent was present. L. DEL-21-131 Property Address: 1382 Howland Boulevard Property Owner: MMM Investments Corp of FL 2301 SE 8th Ct, Pompano Beach, FL 33062 Parcel No.: 813038000080 Violation: City of Deltona Code of Ordinances, Section 10-61 (a) – Required; Fee - a) No person shall stage, promote or conduct any an entertainment festival, as defined in section 10-31 of this chapter, outdoor musical event, or parade in the city unless he shall first secure from the director of parks and recreation or his/her designee a permit for such event. Officer: Dennis Mues Withdrawn. M. DEL-21-132 Property Address: 725 Lola Avenue Property Owner: Paul David McGhee 725 Lola Avenue, Deltona,Florida 32738 Parcel No.: 813062330010 Violation: City of Deltona Code of Ordinances, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1, which states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Officer: Marion Lariscy Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than seven (7) days after September 22, 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 Compliance Officer to verify compliance with the Order. No one representing the respondent was present. N. DEL-21-133 Property Address: 716 Ibis Avenue Property Owner: Robert & Michelle Watt 716 Ibis Avenue, Deltona,Florida 32738 City of Deltona Page 9 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 Parcel No.: 813062330100 Violation: City of Deltona Code of Ordinances, Section 38-110 (b)(2) 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: Marion Lariscy Withdrawn. O. DEL-21-134 Property Address: 2916 Fish Cove Court Property Owner: D Ann Marie Fuller 2916 Fish Cove Court, Deltona,Florida 32738 Parcel No.: 813040400240 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 Pool Deck), 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 Respondent in violation of City Code as charged, that the Respondent correct the violation no later than ninety (90) days after September 22, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $25.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. Property owner was present. P. DEL-21-135 Property Address: 2916 Fish Cove Court Property Owner: D Ann Marie Fuller 2916 Fish Cove Court, Deltona,Florida 32738 Parcel No.: 813040400240 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 Generator), 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 City of Deltona Page 10 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 be done, shall first make application to the Building Official and obtain the required permit. Officer: Marion Lariscy Special Magistrate found Respondent in violation of City Code as charged, that the Respondent correct the violation no later than Thirty (30) days after September 22, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $25.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. Property owner was present. Q. DEL-21-136 Property Address: 2916 Fish Cove Court Property Owner: D Ann Marie Fuller 2916 Fish Cove Court, Deltona,Florida 32738 Parcel No.: 813040400240 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 Hurricane Sutters), 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 Respondent in violation of City Code as charged, that the Respondent correct the violation no later than Thirty (30) days after September 22, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $25.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. Property owner was present. R. DEL-21-137 Property Address: 2916 Fish Cove Court Property Owner: D Ann Marie Fuller 2916 Fish Cove Court, Deltona,Florida 32738 Parcel No.: 813040400240 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 Pool), 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, City of Deltona Page 11 Printed on 10/28/2021 Special Magistrate Minutes September 22, 2021 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 Respondent in violation of City Code as charged, that the Respondent correct the violation no later than Thirty (30) days after September 22, 2021; that in the event the Respondent does not comply with this Order, a fine in the amount of $25.00 will be imposed for each and every day the violation continues past the aforestated date; that the Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. Property owner was present. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 6:44 p.m. _________________________________ Special Magistrate William Reischmann Jr. Attest: ____________________ Hearing Clerk Danny Ron City of Deltona Page 12 Printed on 10/28/2021