Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, May 11, 2022 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: Special Magistrate William E. Reischmann Jr. Hearing Clerk Miron San Miguel Code Compliance Supervisors Mark Gibson and Danny Ron Assistant Director Richard Lovett Director Ron Paradise Officer Dennis Mues Officer Nick Lopez Officer Kristen Coulter Officer Marion Lariscy Officer Steve Braukhoff 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: The Agenda of the Special Magistrate Hearing for May 25, 2022 were approved by the Special Magistrate William E. Reischmann Jr. 7. ANNOUNCEMENTS: DEL-22-026 MASSEY Property Address: 1870 Providence Blvd., Deltona, FL 32725 Parcel ID: 813065160010 Property Owner: City of Deltona Page 1 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Unidos Supermarket Gabriel M & Yokasta Fernandez 206 Via Tuscany Loop, Lake Mary, FL 32746 Violation: City of Deltona Section 18-3, Section 105.1 (permit for cardboard bailer) Officer Dennis Mues WITHDRAWN DEL-22-031 MASSEY Property Address: 1870 Providence Blvd., Deltona, FL 32725 Parcel ID: 813065160030 Property Owner: Feray Investments LLC Gabriel M Fernandez 206 Via Tuscany Loop, Lake Mary, FL 32746 Violation: City of Deltona Section 38-113 (a) (sod right of way) Officer Dennis Mues WITHDRAWN DEL-22-032 MASSEY Property Address: 1870 Providence Blvd., Deltona, FL 32725 Parcel ID: 813065160010 Property Owner: Feray Investments LLC Gabriel M Fernandez 206 Via Tuscany Loop, Lake Mary, FL 32746 Violation: City of Deltona Section 38-113 (a) (sod right of way) Officer Dennis Mues WITHDRAWN DEL-22-033 MASSEY Property Address: City of Deltona Page 2 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 1870 Providence Blvd., Deltona, FL 32725 Parcel ID: 813015160080 Property Owner: Thomas Aybar Gabriel M Fernandez 206 Via Tuscany Loop, Lake Mary, FL 32746 Violation: City of Deltona Section 38-113 (a) (sod right of way) Officer Dennis Mues WITHDRAWN DEL-22-067 Property Address: 930 Radcliff St., Deltona, FL 32725 Parcel ID: 813030170090 Property Owner: Hernandez Nilda & Hernandez Honorio 930 Radcliff St., Deltona, FL 32725 Violation: City of Deltona Section 18-5, Section 302.7 (accessory structures) Officer Bashir Tourkzi DEL-22-068 Property Address: 930 Radcliff St., Deltona, FL 32725 Parcel ID: 813030170090 Property Owner: Hernandez Nilda & Hernandez Honorio 930 Radcliff St., Deltona, FL 32725 Violation: City of Deltona Section 18-5, Section 304.2 (damaged exterior surface) Officer Bashir Tourkzi WITHDRAWN DEL-22-104 Property Address: 750 Merrimac St., Deltona, FL 32725 City of Deltona Page 3 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Parcel ID: 813030050050 Property Owner: Williams David Mark 750 Merrimac St., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (2) (debris) Officer Bashir Tourkzi WITHDRAWN DEL-22-110 Property Address: 2384 Captain Dr., Deltona, FL 32738 Parcel ID: 813035130080 Property Owner: R & W Rental Properties LLC 223 Alexandra Woods Dr., Debary, FL 32713 Violation: City of Deltona Section 18-3, Section 105.1 (Permit for fence) Officer Jeff Scott WITHDRAWN DEL-22-111 Property Address: 3032 N Covington Dr., Deltona, FL 32725 Parcel ID: 813032990220 Property Owner: David E. Pippin & Covington Venture Land Trust 3032 N Covington Dr., Deltona, FL 32725 Violation: City of Deltona Section 66-19 (3), (more than two trailers) Officer Steve Braukhoff WITHDRAWN DEL-22-112 Property Address: 3032 N Covington Dr., Deltona, FL 32725 City of Deltona Page 4 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Parcel ID: 813032990220 Property Owner: David E. Pippin & Covington Venture Land Trust 3032 N Covington Dr., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (b)(2) (debris) Officer Steve Braukhoff WITHDRAWN DEL-22-113 Property Address: 3032 N Covington Dr., Deltona, FL 32725 Parcel ID: 813032990220 Property Owner: David E. Pippin & Covington Venture Land Trust 3032 N Covington Dr., Deltona, FL 32725 Violation: City of Deltona Section 66-18 (e), (more than two vehicles) Officer Steve Braukhoff WITHDRAWN DEL-22-114 Property Address: 832 Merrimac St., Deltona, FL 32725 Parcel ID: 813030050170 Property Owner: SFR XII Orlando Owner 1 LP 4645 Hawthorne Ln NW, Washington, DC 20016 Violation: City of Deltona Section 18-3, Section 105.1 (permit for hot water heater) Officer Kristen Coulter WITHDRAWN DEL-22-132 Property Address: 1188 Lawrence Ave., Deltona, FL 32725 City of Deltona Page 5 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Parcel ID: 813002200710 Property Owner: Randall & Audrey Freebersbyer 1188 Lawrence Ave., Deltona, FL 32725 Violation: City of Deltona Section 66-57, (inoperative vehicle) Officer Bashir Tourkzi WITHDRAWN 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: DEL-22-027 MASSEY Property Address: 1870 Providence Blvd., Deltona, FL 32725 Parcel ID: 813065160010 Property Owner: Unidos Supermarket Gabriel M & Yokasta Fernandez 206 Via Tuscany Loop, Lake Mary, FL 32746 Violation: City of Deltona Section 18-3, Section 105.1 (permit for conex box) 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 45 days was sufficient to fully correct the violation, a fine in the amount of $1,800, representing 18 days at $100 per day an order to continue the case for 60 days and if there is non-compliance than the fine will revert back to original fine and date (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. Jose the tenant was present and testified. DEL-22-057 MASSEY Property Address: 2751 Summerfield St., Deltona, FL 32738 Parcel ID: 813043240060 Property Owner: Joshua Duncan 2751 Summerfield St., Deltona, FL 32738 City of Deltona Page 6 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Violation: City of Deltona Section 18-5, Section 304.7 (roof & flashing) 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 30 days was sufficient to fully correct the violation, a fine in the amount of $4,800 , representing 48 days at $100 per day (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. There was no one present to testify. DEL-22-058 MASSEY Property Address: 2751 Summerfield St., Deltona, FL 32738 Parcel ID: 813043240060 Property Owner: Joshua Duncan 2751 Summerfield St., Deltona, FL 32738 Violation: City of Deltona Section 18-5, Section 105.1 (permit for fence) Officer Dennis Mues Dismissed. No fine. DEL-22-059 MASSEY Property Address: 2751 Summerfield St., Deltona, FL 32738 Parcel ID: 813043240060 Property Owner: Joshua Duncan 2751 Summerfield St., Deltona, FL 32738 Violation: City of Deltona Section 66-18 (h) (two vehicles max) 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 30 days was sufficient to fully correct the violation, a fine in the amount of $4,800 , representing 48 days at $100 per day (consistent with prior Order), The fine will continue to accrue for each and every day City of Deltona Page 7 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 thereafter that there continues to be non-compliance with the City Code. DEL-22-065 MASSEY Property Address: 1200 Deltona Blvd., Deltona, FL 32725 Parcel ID: 813006000020 Property Owner: Deltona Wellness LP 17 Copperbeech Ln., Lawrence, NY 11559 Violation: City of Deltona Section 18-3, 105.1 (permit for change of occupancy) 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 45 days was sufficient to fully correct the violation, a fine in the amount of $8,250, representing 33 days at $250 per day is hereby reduced to $1,000 fine with a fine to continue to run at $100 per day (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. Michael Mather was present to represent the property. DEL-22-066 MASSEY Property Address: 1200 Deltona Blvd., Deltona, FL 32725 Parcel ID: 813006000020 Property Owner: Deltona Wellness LP 17 Copperbeech LN., Lawrence, NY 11559 Violation: City of Deltona Section 18-3, 105.1 (permit for change of occupancy) 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 45 days was sufficient to fully correct the violation, a fine in the amount of $8,250, representing 33 days at $250 per day is now reduced to $500 with a hold on the fine for 60 days. After 60 days the fine will accrue at $100 per day (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. Michael Mather was present to represent the property. City of Deltona Page 8 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 10. NEW BUSINESS: DEL-22-092 Property Address: 665 Wing Terrace., Deltona, FL 32725 Parcel ID: 813025140070 Property Owner: Cory D & Deborah A Winningham PO BOX 70., Morristown, FL 32668 Violation: City of Deltona Section 66-57, (properly store vehicles) Officer Bashir Tourkzi Continued by Supervisor Danny Ron. DEL-22-108 Property Address: 2849 W Huron Dr., Deltona, FL 32738 Parcel ID: 813032900010 Property Owner: Mason James 2849 W Huron Dr., Deltona, FL 32738 Violation: City of Deltona Section 66-18 (h) (maximum of two vehicles in side/rear yard) Officer Nicolas Lopez Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 48 hours 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. James Mason was present and testified. DEL-22-115 Property Address: 832 Merrimac St., Deltona, FL 32725 Parcel ID: 813030050170 Property Owner: City of Deltona Page 9 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 SFR XII Orlando Owner 1 LP 4645 Hawthorne Ln NW, Washington, DC 20016 Violation: City of Deltona Section 18-3, Section 105.1 (permit for support beams) Officer Kristen Coulter 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 $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. Diamond Lakey is a representative of Tiger Capital Group who owns the property called in to testify. DEL-22-116 Property Address: 832 Merrimac St., Deltona, FL 32725 Parcel ID: 813030050170 Property Owner: SFR XII Orlando Owner 1 LP 4645 Hawthorne Ln NW, Washington, DC 20016 Violation: City of Deltona Section 18-3, Section 105.1 (permit for windows) Officer Kristen Coulter 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 $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. Diamond Lakey is a representative of Tiger Capital Group who owns the property called in to testify. DEL-22-117 Property Address: 832 Merrimac St., Deltona, FL 32725 Parcel ID: 813030050170 Property Owner: SFR XII Orlando Owner 1 LP 4645 Hawthorne Ln NW, Washington, DC 20016 Violation: City of Deltona Page 10 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 City of Deltona Section 18-3, Section 105.1 (permit for walls) Officer Kristen Coulter 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 $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. Diamond Lakey is a representative of Tiger Capital Group who owns the property called in to testify. DEL-22-118 Property Address: 832 Merrimac St., Deltona, FL 32725 Parcel ID: 813030050170 Property Owner: SFR XII Orlando Owner 1 LP 4645 Hawthorne Ln NW, Washington, DC 20016 Violation: City of Deltona Section 18-3, Section 105.1 (permit for doors) Officer Kristen Coulter 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 $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. Diamond Lakey is a representative of Tiger Capital Group who owns the property called in to testify. DEL-22-120 Property Address: 1851 N Merrick Dr., Deltona, FL 32738 Parcel ID: 813016180130 Property Owner: Richard & Cecelia Memoli 1851 N Merrick Dr., Deltona, FL 32738 Violation: City of Deltona Section 110-801 (b) (stock and trade) Officer Steve Braukhoff City of Deltona Page 11 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent was not in compliance by the deadline set forth in the Notice of Violation but are now in Compliance of today's date May 25, 2022. Order is entered in writing; a fine will not be imposed. Mr. and Mrs. Memoli were present for the hearing and testified. DEL-22-121 Property Address: 737 Waterfall Circle., Deltona, FL 32725 Parcel ID: 813028190011 Property Owner: Barry Kaleky 737 Waterfall Circle., Deltona, FL 32725 Violation: City of Deltona Section 66-18 (a) , (greater than 10k pds CDL) Officer Steve Braukhoff Special Magistrate ordered that their is no violation Barry Kaleky was present and testified. DEL-22-122 Property Address: 737 Waterfall Circle., Deltona, FL 32725 Parcel ID: 813028190011 Property Owner: Barry Kaleky 737 Waterfall Circle., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (b)(2) (debris) Officer Steve Braukhoff 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 $30 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. Barry Kaleky was present and testified. DEL-22-123 Property Address: 741 Waterfall Circle., Deltona, FL 32725 City of Deltona Page 12 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Parcel ID: 813028190020 Property Owner: Barry Kaleky 741 Waterfall Circle., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (b)(2) (debris) Officer Steve Braukhoff Dismissed for failure to properly notice. DEL-22-128 Property Address: 2849 W Huron Dr., Deltona, FL 32738 Parcel ID: 813032900010 Property Owner: Mason James 2849 W Huron Dr., Deltona, FL 32738 Violation: City of Deltona Section 38-114, (outside furniture) Officer Nicolas Lopez 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 $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. James Mason was present and testified. DEL-22-131 Property Address: 2849 W Huron Dr., Deltona, FL 32738 Parcel ID: 813032900010 Property Owner: Mason James 2849 W Huron Dr., Deltona, FL 32738 Violation: City of Deltona Section 18-3, Section 105.1 (permit) Officer Nicolas Lopez Special Magistrate found the Respondent in violation of the City Code as charged, that the City of Deltona Page 13 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 Respondent correct the violation no later than 14 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. James Mason was present and testified. DEL-22-133 Property Address: 1609 Gregory Dr., Deltona, FL 32738 Parcel ID: 813031060020 Property Owner: Watahovich John M & Carol M Billings 1609 Gregory Dr., Deltona, FL 32738 Violation: City of Deltona Section 38-110 (2) 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 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 $25 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 was present to testify for the property. DEL-22-134 Property Address: 1609 Gregory Dr., Deltona, FL 32738 Parcel ID: 813031060020 Property Owner: Watahovich John M & Carol M Billings 1609 Gregory Dr., Deltona, FL 32738 Violation: City of Deltona Section 37-10 (Blight) 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 90 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 $25 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 was present to testify for the property. City of Deltona Page 14 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 DEL-22-136 Property Address: 435 W. Kingway Dr., Deltona, FL 32725 Parcel ID: 813023150030 Property Owner: Christopher E Riner 435 W. Kingway Dr., Deltona, FL 32725 Violation: City of Deltona Section 66-18 (j) (vehicle repairs) Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent was not in compliance at the time of the Notice and is in compliance now. If this violation is repeated, a fine 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. Christopher E Riner was present and testified. DEL-22-137 Property Address: 435 W. Kingway Dr., Deltona, FL 32725 Parcel ID: 813023150030 Property Owner: Christopher E Riner 435 W. Kingway Dr., Deltona, FL 32725 Violation: City of Deltona Section 38-114, (storage of vehicle parts) Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent was not in compliance at the time of the Notice and is in compliance now. If this violation is repeated, a fine 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. Christopher E Riner was present and testified. DEL-22-138 Property Address: 435 W. Kingway Dr., Deltona, FL 32725 Parcel ID: 813023150030 Property Owner: Christopher E Riner City of Deltona Page 15 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 435 W. Kingway Dr., Deltona, FL 32725 Violation: City of Deltona Section 18-5, Section 302.7 (accessory structures) 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 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 $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. Christopher E Riner was present and testified. DEL-22-139 Property Address: 435 W. Kingway Dr., Deltona, FL 32725 Parcel ID: 813023150030 Property Owner: Christopher E Riner 435 W. Kingway Dr., Deltona, FL 32725 Violation: City of Deltona Section 66-57, (inoperable vehicle) Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent was not in compliance at the time of the Notice and is in compliance now. If this violation is repeated, a fine 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. Christopher E Riner was present and testified. DEL-22-135 Property Address: 682 Deltona Blvd., Deltona, FL 32725 Parcel ID: 803605010030 Property Owner: Multi Lynk Entertainment LLC 682 Deltona Blvd., Deltona, FL 32725 Violation: City of Deltona Section 18-5, Section 304.2 (exterior surfaces) Officer Dennis Mues Special Magistrate found the Respondent in violation of the City Code as charged, that the City of Deltona Page 16 Printed on 5/13/2022 Special Magistrate Minutes May 11, 2022 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 $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. Delford Blackburn was present and testified. 11. OTHER AND REPEAT BUSINESS: 13. ADJOURNMENT: City of Deltona Page 17 Printed on 5/13/2022