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Special Magistrate

Special Meeting

Deltona, FL · January 26, 2022

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, January 26, 2022 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: Note Special Magistrate William E. Reischmann Jr. Hearing Clerk Miron San Miguel Code Compliance Supervisors Mark Gibson and Danny Ron Officer Lariscy Officer Mues 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: 6. APPROVAL OF AGENDA & MINUTES: 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated that cases DEL-22-034, DEL-22-005, DEL-22-011, were withdrawn. 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-21-096 - MASSEY Property Address: 900 Deltona Boulevard Property Owner: All American Oil LLC City of Deltona Page 1 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 380 Commerce Parkway Rockledge, FL 32955 Parcel No.: 813022210110 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 Dennis Mues Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of July 28th, 2021 given 60 days to comply was sufficient to fully correct the violation, per Special Magistrate, fines were retro activated to the original Order. A fine in the amount of $6,050, representing 121 days at $50 per day (consistent with prior Order), The fine will be reduced to $1,500 and will start accruing from todays date of January 26th, 2022 at $50 per day to continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Mr. Patel was present for the hearing. DEL-21-100 - MASSEY Property Address: 1223 Polk Ct. Property Owner: Royea Darel L 578 Sullivan St. Deltona, FL 32725 Parcel No.: 813038270050 Violation: City of Deltona Ordinance, Section 110-501, Which states if a use or structure is not expressly permitted in any classification, the Enforcement Official shall not permit such use or structure in the classification unless it is substantially similar to a use or structure otherwise permitted in the classification. Officer Marion Lariscy Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of July 28th, 2021 giving 125 days to come into compliance was sufficient to fully correct the violation, a fine in the amount of $50 per day, representing 56 days at $2,800 (consistent with prior Order), The fine will be reduced to $250 and extension of 7 days to comply or there will be a retroactive fine for the full amount owed and continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property Owner was present. DEL-21-119 - MASSEY City of Deltona Page 2 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 Property Address: 2286 Montano St. Property Owner: Cisneros Christina D & Manuel 2286 Montano St. Deltona, FL 32738 Parcel No.: 813041120180 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 Marion Lariscy Property is in compliance with no fines and being Withdrawn by Officer Lariscy. No one for the property was present at the hearing. DEL-21-134 - MASSEY Property Address: 2916 Fish Cove Ct. Property Owner: Fuller D Ann Marie 2916 Fish Cove Ct Deltona, FL 32738 Parcel No.: 813040400240 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. POOL DECK Officer Marion Lariscy Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of September 22nd, 2021 with 90 days to comply was sufficient to fully correct the violation, a fine in the amount of $25 , representing 35 days totaling $875 (consistent with prior Order), The fine will be held and case extended 30 days. If failure to obtain a permit within 30 days from January City of Deltona Page 3 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 26th, 2022 the fines will retro activate and continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property Owner was present. DEL-21-137 - MASSEY Property Address: 2916 Fish Cove Ct. Property Owner: Fuller D Ann Marie 2916 Fish Cove Ct Deltona, FL 32738 Parcel No.: 813040400240 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. POOL Officer Marion Lariscy Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of September 22nd, 2021 with 30 days to comply was sufficient to fully correct the violation, a fine in the amount of $25 , representing 95 days at $2,375 (consistent with prior Order), The fine will be held and case extended 30 days. If failure to obtain a permit within 30 days from January 26th, 2022 the fines will retro activate and continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property Owner was present. B. DEL-21-165 - MASSEY Property Address: 1746 Mitten Terrace. Property Owner: The Eco Home Company LLC 6450 Kingspoint Pkwy Orlando, FL 32819 Parcel No.: 813036140050 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 City of Deltona Page 4 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 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 Special Magistrate found the Respondent in violation of City Code as charged and based on the evidence that the time provided to comply in the prior Order of 10/27/21 to have 30 days to comply was sufficient to fully correct the violation, a fine in the amount of $250 per day, representing 61 days at $15,250 (consistent with prior Order), 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 property was present. 10. NEW BUSINESS: A. DEL-22-001 Property Address: 1365 Indian Rock Ct. Property Owner: Dolores A Heyne 1365 Indian Rock Ct. Deltona, FL 32725 Parcel No.: 813026130320 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett Foreclosure accepted and ordered per Special Magistrate. No one from the property was present at the hearing. B. DEL-22-002 Property Address: 2451 Duval Ave Property Owner: Tony Collier 2451 Duval Ave Deltona, FL 32725 Parcel No.: 813074110040 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett Foreclosure accepted and ordered per Special Magistrate. No one from the property was City of Deltona Page 5 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 present at the hearing. C. DEL-22-003 Property Address: 1507 Monica Ct. Property Owner: FL Lot Co. LLC 822 A1A N STE 100 Ponte Vedra Beach, FL 32082 Parcel No.: 813015030340 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett Foreclosure accepted and ordered per Special Magistrate. No one from the property was present at the hearing. D. DEL-22-004 Property Address: 721 Waterfall Circle. Property Owner: The Eco Home Co. LLC 6450 Kingspoint PKWY Orlando, FL 32891 Parcel No.: 813028200050 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett Foreclosure accepted and ordered per Special Magistrate. No one from the property was present at the hearing. F. DEL-22-006 Property Address: 117 S Courtland Blvd Property Owner: Fortune Furinx 117 S Courtland Blvd Deltona, FL 32738 Parcel No.: 813063160010 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, City of Deltona Page 6 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 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 Cased is continued until next hearing by Officer Lariscy. Property Owner was present. G. DEL-22-007 Property Address: 117 S Courtland Blvd Property Owner: Fortune Furinx 117 S Courtland Blvd Deltona, FL 32738 Parcel No.: 813063160010 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 Marion Lariscy Cased is continued until next hearing by Special Magistrate. Property Owner was present. H. DEL-22-008 Property Address: 1023 Gage Ave Property Owner: 2017-1 IH Borrower LP 1717 Main ST STE 2000 Dallas, TX 75201 Parcel No.: 813057010010 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; City of Deltona Page 7 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 that in the event the Respondent does not comply with the Order, a fine in the amount of $100 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. I. DEL-22-009 Property Address: 2857 Bluestone Property Owner: Brolliar Katherine / Campanella James 2857 Bluestone Dr. Deltona, FL 32738 Parcel No.: 813063280040 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 7 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $200 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present. J. DEL-22-010 Property Address: 2857 Bluestone Dr. Property Owner: Katherine Brolliar / James Campanella 2857 Bluestone Dr. Deltona, FL 32738 Parcel ID: 813063280040 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the City of Deltona Page 8 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 Respondent correct the violation no later than 7 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $250 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present. L. DEL-22-012 Property Address: 1271 Section Line Trail. Property Owner: Webber Mary J Est 1271 Section Line Trl. Deltona, FL 32725 Parcel No: 813005790160 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 7 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. M. DEL-22-013 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 City of Deltona Page 9 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. N. DEL-22-014 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Officer Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. O. DEL-22-015 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 Violation: City of Deltona Ordinance, 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; City of Deltona Page 10 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. P. DEL-22-016 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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 Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. Q. DEL-22-017 Property Address: 1275 Walton Ave. Property Owner: Boyles Walter John 1275 Walton Ave. Deltona, FL 32738 Parcel No: 813067050110 Violation: City of Deltona Ordinance, 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 City of Deltona Page 11 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 protective covering or treatment. Officer Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. R. DEL-22-018 Property Address: 1275 Walton Ave. Property Owner: Boyles Walter John 1275 Walton Ave. Deltona, FL 32738 Parcel No: 813067050110 Violation: City of Deltona, Section 38-110 (a), which states that the city of Deltona prohibits the existence of any nuisance as defined herein for the following reason: the property is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property. Officer Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. S. DEL-22-019 Property Address: 1275 Walton Ave. Property Owner: Boyles Walter John 1275 Walton Ave. Deltona, FL 32738 Parcel No: 813067050110 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 City of Deltona Page 12 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 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 Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. DEL-22-020 Property Address: 577 Deltona Blvd. Property Owner: Deltona Square LLC 259 E Rand Rd Apt 200 Mount Prospect, IL 60056 Parcel No: 803605090040 Violation: City of Deltona Ordinance, Section 18-5, which adopting 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. conditions. Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 60 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $100 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property Manager for address was present. AD. DEL-22-035 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, City of Deltona Page 13 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. FENCE Officer Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. AE. DEL-22-036 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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. SHED Officer Marion Lariscy Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 30 days after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. No one for the property was present at the hearing. 11. OTHER AND REPEAT BUSINESS: E. DEL-22-005 Property Address: 1997 Montfort Ln. Property Owner: Taylor-Maurad, Beverly 1997 Montfort Ln Deltona, FL 32738 Parcel No.: 813049050130 Violation: City of Deltona Ordinance, Section 37-10, Public nuisance, which City of Deltona Page 14 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 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 This case has been Withdrawn by the Officer. K. DEL-22-011 Property Address: 929 Lovington Dr. Property Owner: Hector J Almedina 929 Lovington Dr. Deltona, FL 32728 Parcel No: 813041040080 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 Marion Lariscy This case has been Withdrawn by the Officer. AC. DEL-22-034 Property Address: 819 Deltona Blvd. Property Owner: Circle K Stores Inc CO: Real Estate Department PO BOX 52085 DC-17 Phoenix, AZ 85072-2085 Parcel No: 813022380020 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Officer Jeff Scott Case has been Withdrawn by the Officer. 12. DISCUSSION: 13. ADJOURNMENT: City of Deltona Page 15 Printed on 2/1/2022 Special Magistrate Minutes January 26, 2022 City of Deltona Page 16 Printed on 2/1/2022

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda Special Magistrate Wednesday, January 26, 2022 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: 7. ANNOUNCEMENTS: 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-21-096 - MASSEY Property Address: 900 Deltona Boulevard Property Owner: All American Oil LLC 380 Commerce Parkway Rockledge, FL 32955 Parcel No.: 813022210110 Violation: City of Deltona Ordinance, Section 37-10, Public nuisance, 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 1 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 B. DEL-21-165 - MASSEY Property Address: 1746 Mitten Terrace. Property Owner: The Eco Home Company LLC 6450 Kingspoint Pkwy Orlando, FL 32819 Parcel No.: 813036140050 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 Dennis Mues DEL-21-137 - MASSEY Property Address: 2916 Fish Cove Ct. Property Owner: Fuller D Ann Marie 2916 Fish Cove Ct Deltona, FL 32738 Parcel No.: 813040400240 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. POOL Officer Marion Lariscy City of Deltona Page 2 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 DEL-21-100 - MASSEY Property Address: 1223 Polk Ct. Property Owner: Royea Darel L 578 Sullivan St. Deltona, FL 32725 Parcel No.: 813038270050 Violation: City of Deltona Ordinance, Section 110-501, Which states if a use or structure is not expressly permitted in any classification, the Enforcement Official shall not permit such use or structure in the classification unless it is substantially similar to a use or structure otherwise permitted in the classification. Officer Marion Lariscy DEL-21-119 - MASSEY Property Address: 2286 Montano St. Property Owner: Cisneros Christina D & Manuel 2286 Montano St. Deltona, FL 32738 Parcel No.: 813041120180 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 Marion Lariscy City of Deltona Page 3 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 DEL-21-134 - MASSEY Property Address: 2916 Fish Cove Ct. Property Owner: Fuller D Ann Marie 2916 Fish Cove Ct Deltona, FL 32738 Parcel No.: 813040400240 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. POOL DECK Officer Marion Lariscy 10. NEW BUSINESS: A. DEL-22-001 Property Address: 1365 Indian Rock Ct. Property Owner: Dolores A Heyne 1365 Indian Rock Ct. Deltona, FL 32725 Parcel No.: 813026130320 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett City of Deltona Page 4 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 B. DEL-22-002 Property Address: 2451 Duval Ave Property Owner: Tony Collier 2451 Duval Ave Deltona, FL 32725 Parcel No.: 813074110040 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett C. DEL-22-003 Property Address: 1507 Monica Ct. Property Owner: FL Lot Co. LLC 822 A1A N STE 100 Ponte Vedra Beach, FL 32082 Parcel No.: 813015030340 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett D. DEL-22-004 Property Address: 721 Waterfall Circle. Property Owner: The Eco Home Co. LLC 6450 Kingspoint PKWY Orlando, FL 32891 Parcel No.: 813028200050 Violation: City of Deltona Ordinance, Section 2-154, which states Ninety days after the recording of the municipal lien, the city attorney shall be authorized to take all legal action necessary to foreclose municipal liens on any real property. Officer Richard Lovett City of Deltona Page 5 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 E. DEL-22-005 Property Address: 1997 Montfort Ln. Property Owner: Taylor-Maurad, Beverly 1997 Montfort Ln Deltona, FL 32738 Parcel No.: 813049050130 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 Marion Lariscy F. DEL-22-006 Property Address: 117 S Courtland Blvd Property Owner: Fortune Furinx 117 S Courtland Blvd Deltona, FL 32738 Parcel No.: 813063160010 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 Marion Lariscy City of Deltona Page 6 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 G. DEL-22-007 Property Address: 117 S Courtland Blvd Property Owner: Fortune Furinx 117 S Courtland Blvd Deltona, FL 32738 Parcel No.: 813063160010 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 Marion Lariscy H. DEL-22-008 Property Address: 1023 Gage Ave Property Owner: 2017-1 IH Borrower LP 1717 Main ST STE 2000 Dallas, TX 75201 Parcel No.: 813057010010 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 Marion Lariscy City of Deltona Page 7 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 I. DEL-22-009 Property Address: 2857 Bluestone Property Owner: Brolliar Katherine / Campanella James 2857 Bluestone Dr. Deltona, FL 32738 Parcel No.: 813063280040 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 Marion Lariscy J. DEL-22-010 Property Address: 2857 Bluestone Dr. Property Owner: Katherine Brolliar / James Campanella 2857 Bluestone Dr. Deltona, FL 32738 Parcel ID: 813063280040 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 Marion Lariscy City of Deltona Page 8 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 K. DEL-22-011 Property Address: 929 Lovington Dr. Property Owner: Hector J Almedina 929 Lovington Dr. Deltona, FL 32728 Parcel No: 813041040080 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 Marion Lariscy L. DEL-22-012 Property Address: 1271 Section Line Trail. Property Owner: Webber Mary J Est 1271 Section Line Trl. Deltona, FL 32725 Parcel No: 813005790160 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 Marion Lariscy City of Deltona Page 9 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 M. DEL-22-013 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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 Marion Lariscy N. DEL-22-014 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Officer Marion Lariscy City of Deltona Page 10 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 O. DEL-22-015 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 Violation: City of Deltona Ordinance, 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 Marion Lariscy P. DEL-22-016 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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 Marion Lariscy City of Deltona Page 11 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 Q. DEL-22-017 Property Address: 1275 Walton Ave. Property Owner: Boyles Walter John 1275 Walton Ave. Deltona, FL 32738 Parcel No: 813067050110 Violation: City of Deltona Ordinance, 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 Marion Lariscy R. DEL-22-018 Property Address: 1275 Walton Ave. Property Owner: Boyles Walter John 1275 Walton Ave. Deltona, FL 32738 Parcel No: 813067050110 Violation: City of Deltona, Section 38-110 (a), which states that the city of Deltona prohibits the existence of any nuisance as defined herein for the following reason: the property is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property. Officer Marion Lariscy City of Deltona Page 12 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 S. DEL-22-019 Property Address: 1275 Walton Ave. Property Owner: Boyles Walter John 1275 Walton Ave. Deltona, FL 32738 Parcel No: 813067050110 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 Marion Lariscy DEL-22-020 Property Address: 577 Deltona Blvd. Property Owner: Deltona Square LLC 259 E Rand Rd Apt 200 Mount Prospect, IL 60056 Parcel No: 803605090040 Violation: City of Deltona Ordinance, Section 18-5, which adopting 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. conditions. Officer Dennis Mues City of Deltona Page 13 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 AC. DEL-22-034 Property Address: 819 Deltona Blvd. Property Owner: Circle K Stores Inc CO: Real Estate Department PO BOX 52085 DC-17 Phoenix, AZ 85072-2085 Parcel No: 813022380020 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Officer Jeff Scott AD. DEL-22-035 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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. FENCE Officer Marion Lariscy City of Deltona Page 14 Printed on 1/26/2022 Special Magistrate Agenda January 26, 2022 AE. DEL-22-036 Property Address: 941 Shorecrest Ave. Property Owner: Esquibel Joseph / Esquivel Juan A 941 Shorecrest Ave. Deltona, FL 32725 Parcel No: 813011420030 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. SHED Officer Marion Lariscy 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 15 Printed on 1/26/2022

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