Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, June 22, 2022 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: Special Magistrate William E. Reischmann Jr. Director Ron Paradise Assistant Director Richard Lovett Code Compliance Supervisors Mark Gibson and Danny Ron Hearing Clerk Miron San Miguel Officer Marion Lariscy Officer Steve Braukhoff Officer Jeff Scott Officer Kristen Coulter Officer Taylor Soukup Officer Bashir Tourkzi Officer Tyler Russo 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 June 22, 2022 were approved by the Special Magistrate William E. Reischmann Jr. 7. ANNOUNCEMENTS: Special Magistrate Reischmann stated cases 22-098, 22-147, 22-167, 22-169, 22-171, 22-172, 22-186, 22-189 are Withdrawn. Special Magistrate Reischmann stated cases 22-108, 22-131, 22-134, 22-159, 22-160, 22-161, 22-162, 22-175, 22-177, 22-178, 22-179 are Continued. City of Deltona Page 1 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 DEL-22-098 MASSEY Property Address: 1596 Canfield Terrace., Deltona, FL 32725 Parcel ID: 813055030100 Property Owner: Hughes Sandra L 1596 Canfield Terrace., Deltona, FL 32725 Violation: City of Deltona Section 66-18 (e) (vehicle parking) Officer Marion Lariscy WITHDRAWN DEL-22-108 MASSEY Property Address: 2849 W. Huron Dr., Deltona, FL 32738 Parcel ID: 813032900010 Property Owner: Mason James 2849 W. Huron Dr., Deltona, FL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) (restrictions on trucks and other vehicles) Officer Nick Lopez CONTINUED DEL-22-131 MASSEY 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 Nick Lopez CONTINUED City of Deltona Page 2 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 DEL-22-147 Property Address: 1465 Gainesville Dr., Deltona, FL 32725 Parcel ID: 813072190110 Property Owner: Arroyo Randall Antonio 2904 Tampico Dr., Orlando, FL 32812 Violation: City of Deltona Section 18-5, IPMC Section 304.7 (roof and flashing) Officer Nelson Nieves WITHDRAWN DEL-22-159 Property Address: 2864 Jewel Ave., Deltona, FL 32738 Parcel ID: 813032990370 Property Owner: Arena Wholesale Inc 9101 Southern Breeze Dr., Orlando, FL 32836 Violation: City of Deltona Section 18-3, Section 105.1 (permit) Officer Nick Lopez CONTINUED DEL-22-160 Property Address: 2864 Jewel Ave., Deltona, FL 32738 Parcel ID: 813032990370 Property Owner: Arena Wholesale Inc. 9101 Southern Breeze Dr., Orlando, FL 32836 Violation: City of Deltona Section 18-3, Section 105.1 (Permit) Officer Nick Lopez CONTINUED City of Deltona Page 3 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 DEL-22-161 Property Address: 2864 Jewel Ave., Deltona, FL 32738 Parcel ID: 813032990370 Property Owner: Arena Wholesale Inc. 9101 Southern Breeze Dr., Orlando, FL 32836 Violation: City of Deltona Section 18-5, IPMC Section 302.7 (accessory structures) Officer Nick Lopez CONTINUED DEL-22-162 Property Address: 2864 Jewel Ave., Deltona, FL 32738 Parcel ID: 813032990370 Property Owner: Arena Wholesale Inc. 9101 Southern Breeze Dr., Orlando, FL 32836 Violation: City of Deltona Section 38-110 (2) (waste and debris) Officer Nick Lopez CONTINUED DEL-22-167 Property Address: 2769 Fayson Circle, Deltona, FL 32738 Parcel ID: 813043340130 Property Owner: Greenberg Mark PO Box 39035, Deltona, FL 32739 Violation: City of Deltona Section 18-5, IPMC Section 304.2 (exterior surfaces) Officer Taylor Soukup WITHDRAWN City of Deltona Page 4 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 DEL-22-169 Property Address: 1441 Stillwater Ave., Deltona, FL 32725 Parcel ID: 813030180310 Property Owner: Wegman Tristan Joseph 1441 Stillwater Ave., Deltona, FL 32725 Violation: City of Deltona Section 18-5, IPMC 302.7 (accessory structures) Officer Bashir Tourkzi WITHDRAWN DEL-22-171 Property Address: 514 Giralda Ave., Deltona, FL 32725 Parcel ID: 813005240180 Property Owner: Montalvo David 514 Giralda Ave., Deltona, FL 32725 Violation: City of Deltona Section 18-3, Section 105.1 (permit) Officer Bashir Tourkzi WITHDRAWN DEL-22-172 Property Address: 514 Giralda Ave., Deltona, FL 32725 Parcel ID: 813005240180 Property Owner: Montalvo David 514 Giralda Ave., Deltona, FL 32725 Violation: City of Deltona Section 18-3, Section 105.1 (permit) Officer Bashir Tourkzi WITHDRAWN City of Deltona Page 5 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 DEL-22-175 Property Address: 1235 Providence Blvd., Deltona, FL 32725 Parcel ID: 813005060010 Property Owner: Providence Plaza Partners LP ECA Buligo Providence 13041 W. Linebaugh Ave., Tampa, FL 33626 Violation: City of Deltona Section 18-5, IPMC Section 304.2 (exterior surfaces) Officer Dennis Mues CONTINUED DEL-22-177 Property Address: 2123 Saxon Blvd., Deltona, FL 32725 Parcel ID: 802301120080 Property Owner: Expert Car Care 3 LLC 1009 Hill St., New Smyrna, FL 32169 Violation: City of Deltona Section 18-5, IPMC Section 304.7 (roof and flashing) Officer Dennis Mues CONTINUED DEL-22-178 Property Address: 2123 Saxon Blvd., Deltona, FL 32725 Parcel ID: 802301120080 Property Owner: Expert Car Care 3 LLC 1009 Hill St., New Smyrna, FL 32169 Violation: City of Deltona Section 37-10 (public nuisance) Officer Dennis Mues CONTINUED City of Deltona Page 6 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 DEL-22-179 Property Address: 2123 Saxon Blvd., Deltona, FL 32725 Parcel ID: 802301120080 Property Owner: Expert Car Care 3 LLC 1009 Hill St., New Smyrna, FL 32169 Violation: City of Deltona Section 110-501 (classification of structure) Officer Dennis Mues CONTINUED DEL-22-186 Property Address: 2489 Barbarossa Ave., Deltona, FL 32738 Parcel ID: 81304060040 Property Owner: J Digennaro TR 2494 Weatherford Dr., Deltona, FL 32738 Violation: City of Deltona Section 18-5, IPMC Section 304.6 (exterior walls) Officer Jeff Scott WITHDRAWN DEL-22-189 Property Address: 2001 Felix Ln., Deltona, FL 32738 Parcel ID: 813074440020 Property Owner: CLJS LLC PO Box 140024, Orlando, FL 32814 Violation: City of Deltona Section 50-21 (unapproved bin) Officer Josue Garcia Segarra WITHDRAWN City of Deltona Page 7 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: DEL-22-087 MASSEY Property Address: 779 Tulip St., Deltona, FL 32725 Parcel ID: 813003430190 Property Owner: Elizabeth A. Mars 430 Madison Ave., Cape Canaveral, FL 32920 Violation: City of Deltona Section 18-5, IPMC Section 304.7 (roof and flashing) Officer Kristen Coulter 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 $1,300, representing 26 days at $50 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. DEL-22-089 MASSEY Property Address: 779 Tulip St., Deltona, FL 32725 Parcel ID: 813003430190 Property Owner: Elizabeth A. Mars 430 Madison Ave., Cape Canaveral, FL 32920 Violation: City of Deltona Section 18-5, IPMC Section 304.2 (exterior surfaces) Officer Kristen Coulter 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 14 days was sufficient to fully correct the violation, a fine in the amount of $4,200, representing 42 days at $100 per day (consistent with prior Order), The fine is hereby waived in its entirety. There is no fine levied and the property is in Compliance. DEL-22-099 MASSEY Property Address: 1596 Canfield Terrace., Deltona, FL 32725 City of Deltona Page 8 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 Parcel ID: 813055030100 Property Owner: Hughes Sandra L 1596 Canfield Terrace., Deltona, FL 32725 Violation: City of Deltona Section 18-5, IPMC Section 304.2 (exterior surfaces) 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 21 days was sufficient to fully correct the violation, a fine in the amount of $3,400, representing 34 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. DEL-22-138 MASSEY 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 18-5, IPMC Section 302.7 (accessory structures) 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 10 Days was sufficient to fully correct the violation, a fine in the amount of $3,500, representing 31 days at $100 per day (consistent with prior Order), The fine is hereby reduced to $300 and the case is now in compliance. Mr. Ryan was present and testified. 10. NEW BUSINESS: DEL-22-158 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 Page 9 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 City of Deltona Section 66-18 (f) (commercial vehicles) Officer Steve Braukhoff Special Magistrate found the Respondent to be in compliance, per the testimony furnished by Officer Braukhoff, and this case is now in compliance and no fines were levied. The property is now in compliance and the property is hereby ordered as a repeat offender if the violation happens again within five years. Barry Kaleky was present and testified. DEL-22-163 Property Address: 1190 Odin Terrace., Deltona, FL 32738 Parcel ID: 813044030100 Property Owner: Shanna Dixon 1190 Odin Terrace., Deltona, FL 32738 Violation: City of Deltona Section 18-5, IPMC Section 304.3 (house numbering) Officer Tyler Russo 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 was present to testify. DEL-22-166 Property Address: 178 Rosedale Dr., Deltona, FL 32738 Parcel ID: 813059400310 Property Owner: Driggers Jennifer Kee 178 Rosedale Dr., Deltona, FL 32738 Violation: City of Deltona Section 18-5, IPMC Section 302.7 (accessory structures) Officer Taylor Soukup Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 10 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 City of Deltona Page 10 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 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. DEL-22-168 Property Address: 1197 Acorn Ct., Deltona, FL 32725 Parcel ID: 813002200270 Property Owner: Bromagen Brian K 1197 Acorn Ct., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (2) (debris/trash) Officer Bashir Tourkzi Special Magistrate found the Respondent in violation of the City Code as charged, that the 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 $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 was present to testify. DEL-22-170 Property Address: 514 Giralda Ave., Deltona, FL 32725 Parcel ID: 813005240180 Property Owner: Montalvo David 514 Giralda Ave., Deltona, FL 32725 Violation: City of Deltona Section 38-114 (improper storage) Officer Bashir Tourkzi 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. Property Owner David Montalvo was present and testified. DEL-22-174 Property Address: City of Deltona Page 11 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 514 Giralda Ave., Deltona, FL 32725 Parcel ID: 813005240180 Property Owner: Montalvo David 514 Giralda Ave., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (b)(2) (debris) Officer Bashir Tourkzi 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. Property Owner David Montalvo was present and testified. DEL-22-176 Property Address: 3227 Parma Dr., Deltona, FL 32738 Parcel ID: 810303010040 Property Owner: Mary M. Tucker 3227 Parma Dr., Deltona, FL 32738 Violation: City of Deltona Section 18-5, IPMC Section 105.1 (permit) 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 $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 was present to testify. DEL-22-180 Property Address: 1684 Providence Blvd., Deltona, FL 32725 Parcel ID: 813014070640 Property Owner: Deltona Animal Medical Center, Ramm Land LLC City of Deltona Page 12 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 940 Howland Blvd., Deltona, FL 32738 Violation: City of Deltona Section 18-3 Section 105.1 (permit) Officer Danny Ron 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. Property Manager Ryan was present and testified. DEL-22-182 Property Address: 3001 Surf Dr., Deltona, FL 32738 Parcel ID: 813033040020 Property Owner: Robert C. Amann 3001 Surf Dr., Deltona, FL 32738 Violation: City of Deltona Section 38-110 (b)(2) (debris/trash) Officer Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 21 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 Owner Robert Amann was present and testified. DEL-22-183 Property Address: 2435 Academy Ave., Deltona, FL 32738 Parcel ID: 813032150060 Property Owner: Karen Blekicki 2435 Academy Ave., Deltona, FL 32738 Violation: City of Deltona Section 38-110 (b)(2) (debris/trash) City of Deltona Page 13 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 Officer Jeff Scott 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. Property owner Jeff was present and testified. DEL-22-185 Property Address: 2435 Academy Ave., Deltona, FL 32738 Parcel ID: 813032150060 Property Owner: Karen Blekicki 2435 Academy Ave., Deltona, FL 32738 Violation: City of Deltona Section 58-31 (use of right-of-way) Officer Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 45 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 owner Jeff was present and testified. DEL-22-187 Property Address: 2489 Barbarossa Ave., Deltona, FL 32738 Parcel ID: 81304060040 Property Owner: J Digennaro TR 2494 Weatherford Dr., Deltona, FL 32738 Violation: City of Deltona Section 18-5, IPMC Section 304.7 (roof and flashing) Officer Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 28 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 City of Deltona Page 14 Printed on 6/24/2022 Special Magistrate Minutes June 22, 2022 $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 Owner Kristin Hickson was present and testified. DEL-22-188 Property Address: 2489 Barbarossa Ave., Deltona, FL 32738 Parcel ID: 81304060040 Property Owner: J Digennaro TR 2494 Weatherford Dr., Deltona, FL 32738 Violation: City of Deltona Section 18-5, IPMC Section 504.1 (plumbing fixtures) Officer Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 28 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 Owner Kristin Hickson was present and testified. DEL-22-190 Property Address: 741 Waterfall Circle., Deltona, FL 32725 Parcel ID: 813028190020 Property Owner: Barry & Daniel Kaleky 737 Waterfall Circle., Deltona, FL 32725 Violation: City of Deltona Section 38-110 (2) (debris) Officer Steve Braukhoff Special Magistrate ordered 30 days to continue this case until the next Hearing; Barry Kaleky was present and testified. 13. ADJOURNMENT: City of Deltona Page 15 Printed on 6/24/2022