Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, November 17, 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 Mr. 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. Code Compliance Supervisor Mark Gibson was present. Director of Planning and Development Services Ron Paradise was present. Administrative Supervisor Miron San Miguel 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 Codes. 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. 6. APPROVAL OF AGENDA & MINUTES: The minutes of the Special Magistrate Hearing for November 17, 2021 were approved by the Special Magistrate, William E. Reischmann Jr. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that under New Business, cases DEL21-119 and DEL21-120 have been continued. Under New Business, cases DEL21-180 has been withdrawn and DEL21-181 has been dismissed. 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate William E. Reischmann Jr. swore in all that were present to testify. City of Deltona Page 1 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 9. OLD BUSINESS: A. DEL-21-028 Property Address: 928 Halstead Street Property Owner: Ronnie B & Patricia Obrien 928 Halstead Street, Deltona, Florida 32725 Parcel No.: 813024020220 Violation: City of Deltona Ordinance, Section 38-110 (2), 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 Massey update was provided to the Special Magistrate. Assistant Director Lovett advises reason for update is to have it on the record that we are proceeding with nuisance abatement for debris/trash/outdoor storage after posting. B. 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 Ordinance, Section18-3, adopting the latest edition of the Florida Building Code, Section 105.1, 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 Case has been continued. C. 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 Ordinance, Section18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, City of Deltona Page 2 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 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 Case has been continued. D. 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, 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 Case has been continued. E. DEL-21-159 Property Address: 3390 Commerce Ave Property Owner: Andre L Person 3390 Commerce Ave, Deltona, Florida 32738 Parcel No.: 813034290080 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states the roof and flashing shall be sound tight and not have defects that admit rain. Officer: Dennis Mues 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 October 27, 2021 was sufficient to fully correct the violation, a fine in the amount $3,800.00, representing nineteen (19) days at $200.00 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 City of Deltona Page 3 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 this city code. No one representing the Respondent was present. F. DEL-21-162 Property Address: 1101 E Normandy Blvd Property Owner: The Bank of New York Mellon TR CO: % Reverse Mortgage Solutions 14405 Walters Rd STE 200, Houston, Texas 77014 Parcel No.: 813005640330 Violation: City of Deltona Ordinance, Section 38-110 (1), which states that nuisance weeds where the greater portion of the weeds on the lot exceeds 12 inches in height, are declared to be a nuisance and must be abated in their entirety. Officer: Dennis Mues 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 October 27, 2021 was sufficient to fully correct the violation, a fine in the amount $700.00, representing fourteen (14) 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 this city code. No one representing the Respondent was present. G. DEL-21-163 Property Address: 1101 E Normandy Blvd Property Owner: The Bank of New York Mellon TR CO: % Reverse Mortgage Solutions 14405 Walters Rd STE 200, Houston, Texas 77014 Parcel No.: 813005640330 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Officer: Dennis Mues 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 October 27, 2021 was sufficient to fully correct the violation, a fine in the amount $700.00, representing fourteen (14) 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 this city code. No one representing the Respondent was present. H. DEL-21-166 Property Address: 2751 Summerfield St City of Deltona Page 4 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 Property Owner: Joshua Duncan 2751 Summerfield St, Deltona, Florida 32738 Parcel No.: 813043240060 Violation: City of Deltona Ordinance, Section 38-114, which states that storage 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: Dennis Mues 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 October 27, 2021 was sufficient to fully correct the violation, a fine in the amount $700.00, representing fourteen (14) 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 this city code. No one representing the Respondent was present. 10. NEW BUSINESS: A. DEL-21-170 Property Address: 1984 Paris Ave Property Owner: Anthony J Verdisco 1984 Paris Ave, Deltona, Florida 32725 Parcel No.: 813015080270 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, 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: Steve Braukhoff Special Magistrate found the Respondent in violation of the city code at time of posting and in compliance at the hearing. Respondent will be considered a Repeat Offender. No one representing the Respondent was present. B. DEL-21-171 Property Address: 3149 Parma Drive Property Owner: Brian L & Heather C Porter 3149 Parma Drive, Deltona, Florida 32738 Parcel No.: 810303010120 City of Deltona Page 5 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, 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 SanMiguel Special Magistrate found Respondent in violation of city code as charged, that the respondent correct the violation no later than sixty (60) days from the November 17, 2021 Special Magistrate hearing; 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. Mr. Brian Porter the respondent, was present. C. DEL-21-173 Property Address: 1200 Deltona Blvd Property Owner: Deltona Wellness LP 17 Copperbeech Ln, Lawrence, New York 11559 Parcel No.: 813006000020 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states the roof and flashing shall be sound tight and not have defects that admit rain. Officer: Dennis Mues Special Magistrate found Respondent in violation of city code as charged, that the respondent has no later 30 days to obtain a permit AND 90 days after obtaining a permit to correct the violation, from the November 17, 2021 Special Magistrate hearing. 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. Michael Mather representing the respondent, was present. D. DEL-21-174 Property Address: 1200 Deltona Blvd Property Owner: Deltona Wellness LP 17 Copperbeech Ln, Lawrence, New York 11559 Parcel No.: 813006000020 Violation: City of Deltona Ordinance, Section 18-5, which adopting the City of Deltona Page 6 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 latest edition of the International Property Maintenance Code, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. 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 has no later 30 days to obtain a permit AND 90 days after obtaining a permit to correct the violation, from the November 17, 2021 Special Magistrate hearing. 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. Michael Mather representing the respondent, was present. E. DEL-21-175 Property Address: 1200 Deltona Blvd Property Owner: Deltona Wellness LP 17 Copperbeech Ln, Lawrence, New York 11559 Parcel No.: 813006000020 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. 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 has no later 30 days to obtain a permit AND 90 days after obtaining a permit to correct the violation, from the November 17, 2021 Special Magistrate hearing. 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. Michael Mather representing the respondent, was present. F. DEL-21-177 City of Deltona Page 7 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 Property Address: 2856 W Huron Drive Property Owner: Mario A & Francy M Livolti 2856 Huron Drive, Deltona, Florida 32738 Parcel No.: 813032840170 Violation: City of Deltona Ordinance, 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: Jeff Scott Special Magistrate found Respondent in violation of city code as charged, that the respondent correct the violation no later than seven (7) days from the November 17, 2021 Special Magistrate hearing; 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. G. DEL-21-178 Property Address: 426 Rockford Street Property Owner: Laurymar Figueroa 426 Rockford Street, Deltona, Florida 32725 Parcel No.: 813070090100 Violation: City of Deltona Ordinance, Section 66-19(3) which states that boats/trailers/recreational vehicles shall not be parked or stored either within a public right-of-way, or within that portion of the lot lying across the full width of the lot between the front lot line and front most part of the principal structure. Officer: Josue Garcia Segarra Special Magistrate found the Respondent in violation of the city code at time of posting and in compliance at the hearing. Respondent will be considered a Repeat Offender. No one representing the Respondent was present. H. DEL-21-179 Property Address: 3218 Crestwood Forest Drive Property Owner: David E & Alice E Sauls 3218 Crestwood Forest Drive, Deltona, Florida 32725 Parcel No.: 810519001420 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, City of Deltona Page 8 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 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: Jeff Scott Special Magistrate found Respondent in violation of city code as charged, that the respondent correct the violation no later than twenty one (21) days from the November 17, 2021 Special Magistrate hearing; 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. I. DEL-21-180 Property Address: 1649 Matheson Street Property Owner: Elizabeth A Remley 1649 Matheson Street, Deltona, Florida 32725 Parcel No.: 813011320160 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, 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 SanMiguel Case has been withdrawn. J. DEL-21-181 Property Address: 404 Cloverleaf Blvd Property Owner: Mimi L & Jane M McConnell & Darwin B Hang PO Box 721515, Orlando, Florida 32782 Parcel No.: 813010150130 Violation: City of Deltona Ordinance, 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: Miron SanMiguel City of Deltona Page 9 Printed on 12/28/2021 Special Magistrate Minutes November 17, 2021 Case has been dismissed. 11. OTHER AND REPEAT BUSINESS: 12. DISCUSSION: 13. ADJOURNMENT: There being no further business, the meeting adjourned at 6:35 p.m. _________________________________________ William E. Reischmann Jr., SPECIAL MAGISTRATE ATTEST: ____________________________________ Danny Ron, SPECIAL MAGISTRATE CLERK City of Deltona Page 10 Printed on 12/28/2021