Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, February 8, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: Special Magistrate Kristin Eick Assistant Director Richard Lovett Code Compliance Supervisors Mark Gibson and Danny Ron Admin Supervisor Miron San Miguel Magistrate Hearing Clerk Renée Cairney Officer Marion Lariscy Officer Steve Braukhoff Officer Jeff Scott Officer Taylor Soukup Officer Bashir Tourkzi Officer Tyler Russo Officer Josymar Jimenez Officer Todd Meade Officer Kristen Coulter Officer Dennis Mues 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: Presented by Kristin Eick Ms. Eick 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 February 8, 2023 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: City of Deltona Page 1 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 DEL-23-033 WITHDRAWN Property Address: 1661 Providence Blvd., Deltona, FL 32725 Parcel ID: 813014050140 Property Owner: Lorraine Proprietorship LLC 3051 South Atlantic Ave., Unit 2101, Daytona Beach Shores, FL 32118 Violation: City of Deltona Section 18-5, adopting the International Property Maintenance Code Section 304.9 Officer Dennis Mues DEL-23-034 WITHDRAWN Property Address: 887 Deltona Blvd., Deltona, FL 32725 Parcel ID: 803604010050 Property Owner: Land Trust Service Corp TR / Trust NO 887 DB PO BOX 186, Lake Wales, FL 33859 Violation: City of Deltona Section 37-10 Officer Dennis Mues DEL-23-053 WITHDRAWN Property Address: 1111 Hastings Dr., Deltona, FL 32725 Parcel ID: 813055190120 Property Owner: SFR XII NM Orlando Owner 1 LP 9200 E Hampton Dr., Capitol Heights, MD 20743 Violation: City of Deltona Section 18-5, adopting the International Property Maintenance Code Section 303.1 Officer Josymar Jimenez DEL-23-091 WITHDRAWN Property Address: 1517 Gainesville Dr., Deltona, FL 32725 City of Deltona Page 2 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Parcel ID: 813072200080 Property Owner: Marotte William F 220 W Minnesota Ave., Deland, FL 32720 Violation: City of Deltona Section 37-10 Officer Marion Lariscy DEL-23-099 CONTINUED Property Address: 772 Vercelli St., Deltona, FL 32725 Parcel ID: 813003470100 Property Owner: Lindstrom Robert & Lindstrom Lorna PO BOX 543, Sanford, FL 32772 Violation: City of Deltona Section 38-113 (A) Officer Steve Braukhoff DEL-23-100 CONTINUED Property Address: 772 Vercelli St., Deltona, FL 32725 Parcel ID: 813003470100 Property Owner: Lindstrom Robert & Lindstrom Lorna PO BOX 543, Sanford, FL 32772 Violation: City of Deltona Section 66-18 (e) Officer Steve Braukhoff DEL-23-102 WITHDRAWN Property Address: 2785 W Covington Dr., Deltona, FL 32738 Parcel ID: 813032830040 Property Owner: Bitar Michael Antony 1770 Markham Glen Circle, Longwood, FL 32779 Violation: City of Deltona Page 3 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 City of Deltona 18-5, adopting the International Property Maintenance Code Section 303.1 Officer Steve Braukhoff DEL-23-104 WITHDRAWN Property Address: 923 Adler Dr., Deltona, FL 32738 Parcel ID: 813017130020 Property Owner: Goulet Brian J 100 W Coleman Circle, Sanford, FL 32773 Violation: City of Deltona Section 110-101 (B) / City of Deltona Section 110-801 Officer Danny Ron DEL-23-121 CONTINUED Property Address: 859 Saxon Blvd., Deltona, FL 32725 Parcel ID: 813011140370 Property Owner: Garcia Johan Diaz & Cruz Sylvia 859 Saxon Blvd., Deltona, FL 32725 Violation: City of Deltona Section 110-807 (D) Officer Todd Meade 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Kristin Eick swore in all that were present to testify. 9. OLD BUSINESS: DEL-22-182 MASSEY Property Address: 3001 Surf Dr., Deltona, FL 32738 Parcel ID: 813033070020 Property Owner: Amann Robert C 3001 Surf Dr., Deltona, FL 32738 City of Deltona Page 4 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Violation: City of Deltona Section 38-110 (B)(2) Officer Jeff Scott 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 was sufficient to fully correct the violation, a fine in the amount of $21,000 representing 210 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. Amann Robert C. was present and testified. DEL-22-184 MASSEY Property Address: 2435 Academy Ave., Deltona, FL 32738 Parcel ID: 813032150060 Property Owner: Blekicki Karen 2435 Academy Ave., Deltona, FL 32738 Violation: City of Deltona Section 66-18 (E) Officer Jeff Scott 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 was sufficient to fully correct the violation, a fine in the amount of $18,900 representing 189 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. No one was present to testify. DEL-22-185 MASSEY Property Address: 2435 Academy Ave., Deltona, FL 32738 Parcel ID: 813032150060 Property Owner: Blekicki Karen 2435 Academy Ave., Deltona, FL 32738 City of Deltona Page 5 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Violation: City of Deltona Section 58-31 Officer Jeff Scott 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 was sufficient to fully correct the violation, a fine in the amount of $18,600 representing 186 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. No one was present to testify. 10. NEW BUSINESS: DEL-23-007 Property Address: 2509 Treehaven Dr., Deltona, FL 32738 Parcel ID: 813040150190 Property Owner: Marshall Property Holding LLC 1309 Coffeen Ave 1200 , Sheridan, WY 82801 Violation: City of Deltona Section 18-5, adopting the International Property Maintenance Code Section 304.2 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 4 PM March 10, 2023 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. DEL-23-013 Property Address: 810 Courtland Blvd., Deltona, FL 32738 Parcel ID: 813041570090 Property Owner: Layne Larry J Est 810 Courtland Blvd., Deltona, FL 32738 Violation: City of Deltona Section 18-5, adopting the International Property City of Deltona Page 6 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Maintenance Code Section 303.1 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 4 PM March 25, 2023 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 $75 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-23-021 Property Address: 1629 Lindsey Terrace., Deltona, FL 32725 Parcel ID: 813072080020 Property Owner: Kellner Charlene Anne Est. 1629 Lindsey Terrace., Deltona, FL 32725 Violation: City of Deltona Section 18-5, adopting the International Property Maintenance Code Section 304.7 Officer Todd Meade Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4 PM March 10, 2023 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-23-024 Property Address: 2801 Fern Lane, Deltona, FL 32738 Parcel ID: 813072080020 Property Owner: Lamco Asset Company 1 LLC 5001 Plaza On the Lake STE 200, Austin, TX 78746 Violation: City of Deltona Section 18-3, adopting the Florida Building Code Section 105.1 Officer Todd Meade Special Magistrate found the Respondent in violation of the City Code as charged, that City of Deltona Page 7 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 the Respondent correct the violation no later than 4 PM March 10, 2023 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 $75 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-23-029 Property Address: 2089 E Gloria Dr., Deltona, FL 32725 Parcel ID: 813004280120 Property Owner: Sram Pack I-A LLC 5001 Plaza On the Lake STE 200, Austin, TX 78746 Violation: City of Deltona Section 18-3, adopting the Florida Building Code Section 105.1 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 4 PM March 10, 2023 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-23-038 Property Address: 2190 Howland Blvd, Deltona, FL 32738 Parcel ID: 811401000040 Property Owner: McDonalds Corp 2607 S Woodland Blvd Ste 252, Deland, FL 32720 Violation: City of Deltona Chapter 22, Section 22-4 Officer Marion Lariscy Special Magistrate has ordered a one time fine of $250 per AGO 96-72 Section 205.053 FL Statute. No one was present to testify. DEL-23-044 Property Address: 1601 April Ave., Deltona, FL 32725 City of Deltona Page 8 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Parcel ID: 813014100040 Property Owner: Velez Magdalena 1601 April Ave., Deltona, FL 32725 Violation: City of Deltona Section 18-3, adopting the FLorida Building Code Section 105.1 Officer Josymar Jimenez Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 14 days February 22, 2023 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 $75 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. Velez Magdalena was present and testified. DEL-23-054 Property Address: 2865 Fayson Circle, Deltona, FL 32738 Parcel ID: 813043400060 Property Owner: Estrella Jose Antonio Olvera & Delgado Jahaira 2865 Fayson Circle, Deltona, FL 32738 Violation: City of Deltona Section 18-3, adopting the Florida Building Code Section 105.1 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 4 PM May 9, 2023 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. Estrella Jose Antonio Olvera & Delgado Jahaira were present and testified. DEL-23-056 Property Address: City of Deltona Page 9 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 912 Halstead St., Deltona, FL 32725 Parcel ID: 813024020240 Property Owner: Martine Amalia 912 Halstead St., Deltona, FL 32725 Violation: City of Deltona Section 110-831 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 4 PM March 10, 2023 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 $75 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. Martinez Maria Amalia was present and testified. DEL-23-063 Property Address: 1470 Helena Court., Deltona, FL 32725 Parcel ID: 813072230010 Property Owner: Malyszka Frank 1470 Helena Court., Deltona, FL 32725 Violation: City of Deltona Section 38-114 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 4 PM March 10, 2023 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. DEL-23-092 Property Address: 1085 Wilmington Dr., Deltona, FL 32725 Parcel ID: 813005720200 Property Owner: Mckaig Shawn 122 Dixwood Ave., Edgewater, FL 32132 City of Deltona Page 10 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Violation: City of Deltona 18-5, adopting the International Property Maintenance Code Section 304.6 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 4 PM April 9, 2023 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. Shawn McKaig property owner was present and testified. DEL-23-093 Property Address: 1085 Wilmington Dr., Deltona, FL 32725 Parcel ID: 813005720200 Property Owner: Mckaig Shawn 122 Dixwood Ave., Edgewater, FL 32132 Violation: City of Deltona 18-5, adopting the International Property Maintenance Code Section 302.3 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 4 PM May 9, 2023 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. Shawn McKaig property owner was present and testified. DEL-23-094 Property Address: 1085 Wilmington Dr., Deltona, FL 32725 Parcel ID: 813005720200 Property Owner: Mckaig Shawn 122 Dixwood Ave., Edgewater, FL 32132 Violation: City of Deltona 18-5, adopting the International Property Maintenance City of Deltona Page 11 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Code Section 304.7 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 4 PM May 9, 2023 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. Shawn McKaig property owner was present and testified. DEL-23-097 Property Address: 2031 Saxon Blvd., Deltona, FL 32725 Parcel ID: 802301120090 Property Owner: Shaffer Investments LLC 879 Mason Ave, Daytona Beach, FL 32117 Violation: City of Deltona Chapter 22, Section 22-4 Officer Dennis Mues Special Magistrate has ordered a one time fine of $250 per AGO 96-72 Section 205.053 FL Statute. Jamie Eastman Property Manager was present and testified. DEL-23-098 Property Address: 2031 Saxon Blvd., Deltona, FL 32725 Parcel ID: 802301120090 Property Owner: Shaffer Investments LLC 879 Mason Ave, Daytona Beach, FL 32117 Violation: City of Deltona Section 18-3, adopting the FLorida Building Code Section 105.1 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 4 PM March 10, 2023 after this Order City of Deltona Page 12 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 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. Jamie Property Manager was present and testified. DEL-23-101 Property Address: 2785 W Covington Dr., Deltona, FL 32738 Parcel ID: 813032830040 Property Owner: Bitar Michael Antony 1770 Markham Glen Circle, Longwood, FL 32779 Violation: City of Deltona 18-5, adopting the International Property Maintenance Code Section 304.2 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 4 PM February 18, 2023 after this Order is entered in writing; to secure the outside of the property and 4 PM April 9, 2023 after this Order is entered in writing; to obtain the permit and by August 8, 2023 complete structure repairs; that in the event the Respondent does not comply with the Orders, a fine in the amount of $150 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. Bitar Michael Antony property owner and (father) Mr. Bitar was present and testified. 10 DAYS TO SECURE BUILDING February 18, 2023 60 DAYS TO OBTAIN PERMIT April 9, 2023 SIX MONTHS TO COMPLETE THE WORK - August 8, 2023 - $150 / day DEL-23-103 Property Address: 923 Adler Dr., Deltona, FL 32738 Parcel ID: 813017130020 Property Owner: Goulet Brian J 100 W Coleman Circle, Sanford, FL 32773 Violation: City of Deltona Page 13 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 City of Deltona 18-5, adopting the International Property Maintenance Code Section 303.1 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 4 PM February 22, 2023 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-23-120 Property Address: 859 Saxon Blvd., Deltona, FL 32725 Parcel ID: 813011140370 Property Owner: Garcia Johan Diaz & Cruz Sylvia 859 Saxon Blvd., Deltona, FL 32725 Violation: City of Deltona Section 38-114 Officer Todd Meade Case has been dismissed by Special Magistrate. Property owner Garcia Johan Diaz was present and testified. DEL-23-122 Property Address: 859 Saxon Blvd., Deltona, FL 32725 Parcel ID: 813011140370 Property Owner: Garcia Johan Diaz & Cruz Sylvia 859 Saxon Blvd., Deltona, FL 32725 Violation: City of Deltona Section 38-73 Officer Todd Meade Case has been dismissed by Special Magistrate. Property owner Garcia Johan Diaz was present and testified. City of Deltona Page 14 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 DEL-23-123 Property Address: 859 Saxon Blvd., Deltona, FL 32725 Parcel ID: 813011140370 Property Owner: Garcia Johan Diaz & Cruz Sylvia 859 Saxon Blvd., Deltona, FL 32725 Violation: City of Deltona Section 50-4 (1)(c) Officer Todd Meade Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4 PM February 15, 2023 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. Property owner Garcia Johan Diaz was present and testified. DEL-23-128 Property Address: 1216 Clarion Circle, Deltona, FL 32738 Parcel ID: 813038090080 Property Owner: Safar Siba 1216 Clarion Circle, Deltona, FL 32738 Violation: City of Deltona 66-57 Officer Marion Lariscy Special Magistrate found the Respondent in violation of the City Code 66-63 as charged, that the Respondent correct the violation by displaying the tags no later than 4 PM February 9, 2023 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, the Abatement as ordered will be imposed. Daniel, son of the property owner was present and testified. City of Deltona Page 15 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 DEL-23-129 Property Address: 1216 Clarion Circle, Deltona, FL 32738 Parcel ID: 813038090080 Property Owner: Safar Siba 1216 Clarion Circle, Deltona, FL 32738 Violation: City of Deltona 66-18 (e) Officer Marion Lariscy Case was withdrawn. Daniel, son of the property owner was present and testified. DEL-23-130 Property Address: 1216 Clarion Circle, Deltona, FL 32738 Parcel ID: 813038090080 Property Owner: Safar Siba 1216 Clarion Circle, Deltona, FL 32738 Violation: City of Deltona 66-18 (j) Officer Marion Lariscy Case has been dismissed by Special Magistrate. Daniel, son of the property owner was present and testified. DEL-23-131 Property Address: 1216 Clarion Circle, Deltona, FL 32738 Parcel ID: 813038090080 Property Owner: Safar Siba 1216 Clarion Circle, Deltona, FL 32738 Violation: City of Deltona 110-807 (b) City of Deltona Page 16 Printed on 2/15/2023 Special Magistrate Minutes February 8, 2023 Officer Marion Lariscy Case was withdrawn by City of Deltona. Daniel, son of the property owner was present and testified. DEL-23-132 Property Address: 1216 Clarion Circle, Deltona, FL 32738 Parcel ID: 813038090080 Property Owner: Safar Siba 1216 Clarion Circle, Deltona, FL 32738 Violation: City of Deltona Chapter 22, Section 22-4 Officer Marion Lariscy Case has been dismissed by Special Magistrate. 13. ADJOURNMENT: _______________________________________________ Special Magistrate Kristin Eick _______________________________________________ Hearing Clerk Renée Cairney City of Deltona Page 17 Printed on 2/15/2023