Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, February 22, 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 Magistrate Hearing Clerk Renée Cairney Officer Marion Lariscy Officer Kristen Coulter Officer Bashir Tourkzi Officer Todd Meade Officer Tyler Russo Officer Josue Garcia Segarra 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 ANNOUNCEMENTS: ANML23-0315 DANGEROUS DOG APPEAL - WITHDRAWN Property Address: 2761 THORNBERRY CT., DELTONA, FL 32738 City of Deltona Page 1 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Parcel ID: 813040270170 Property Owner: RODRIGUEZ MAIDA & RODRIGUEZ FELIX 2761 THORNBERRY CT., DELTONA, FL 32738 Violation: City of Deltona Section 14-166 (B) Officer Taylor Soukup DEL-23-035 WITHDRAWN Property Address: 1382 HOWLAND BLVD. SUITES 106-108 , DELTONA, FL 32738 Parcel ID: 813038000080 Property Owner: EGE HOLDINGS LLC 5700 PEMBROKE RD., WEST PARK, FL 33023 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 Officer Marion Lariscy DEL-23-036 WITHDRAWN Property Address: 1382 HOWLAND BLVD. SUITE 101 , DELTONA, FL 32738 Parcel ID: 813038000080 Property Owner: EGE HOLDINGS LLC 5700 PEMBROKE RD., WEST PARK, FL 33023 Violation: City of Deltona Section 18-5 of the IPMC Section 701.2 Officer Marion Lariscy DEL-23-055 MASSEY WITHDRAWN Property Address: 735 OSTEEN CEMETERY RD., DELTONA, FL 32738 Parcel ID: 823100000098 Property Owner: GROSSWALD ANDREW 735 OSTEEN CEMETERY RD., DELTONA, FL 32738 City of Deltona Page 2 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Violation: City of Deltona Section 66-19 (3) Officer Tyler Russo DEL-23-067 WITHDRAWN Property Address: 1120 ELKCAM BLVD., DELTONA, FL 32725 Parcel ID: 813026010010 Property Owner: CAHOON DELTONA LLC 1120 ELKCAM BLVD., DELTONA, FL 32725 Violation: City of Deltona Section 18-5 of the IPMC Section 304.7 Officer Josue Garcia Segarra DEL-23-107 WITHDRAWN Property Address: 1310 RED FOX RUN, DELTONA, FL 32725 Parcel ID: 810800000067 Property Owner: IGLESIA BAUTISTA EMANUEL & DIOS ESTA CON NOSOTROS INC 1310 RED FOX RUN, DELTONA, FL 32725 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 Officer Josue Garcia Segarra DEL-23-108 WITHDRAWN Property Address: 1310 RED FOX RUN, DELTONA, FL 32725 Parcel ID: 810800000067 Property Owner: IGLESIA BAUTISTA EMANUEL & DIOS ESTA CON NOSOTROS INC 1310 RED FOX RUN, DELTONA, FL 32725 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 Officer Josue Garcia Segarra City of Deltona Page 3 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 DEL-23-109 WITHDRAWN Property Address: 1310 RED FOX RUN, DELTONA, FL 32725 Parcel ID: 810800000067 Property Owner: IGLESIA BAUTISTA EMANUEL & DIOS ESTA CON NOSOTROS INC 1310 RED FOX RUN, DELTONA, FL 32725 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 Officer Josue Garcia Segarra DEL-23-110 WITHDRAWN Property Address: 783 FORT SMITH BLVD., DELTONA, FL 32738 Parcel ID: 813019030040 Property Owner: AMIN MUKESH B & AMIN GITA M 671 E LEHIGH DR., DELTONA, FL 32738 Violation: City of Deltona Section 18-5 of the IPMC Section 701.2 Officer Jeff Scott DEL-23-111 WITHDRAWN Property Address: 1496 EDISON TERRACE., DELTONA, FL 32725 Parcel ID: 813007750220 Property Owner: HAYNES YANIN J 925 PELICAN BAY DR., DAYTONA BEACH, FL 32119 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 Officer Jeff Scott DEL-23-112 WITHDRAWN Property Address: 1496 EDISON TERRACE., DELTONA, FL 32725 Parcel ID: 813007750220 City of Deltona Page 4 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Property Owner: HAYNES YANIN J 925 PELICAN BAY DR., DAYTONA BEACH, FL 32119 Violation: City of Deltona Section 18-5 of the IPMC Section 506.1 Officer Jeff Scott 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Kristin Eick swore in all that were present to testify. 9. OLD BUSINESS: DEL-22-255 MASSEY Property Address: 2173 CLEARWATER DR., DELTONA, FL 32725 Parcel ID: 823100000098 Property Owner: WONG TOMAS & WONG FANIA 2173 CLEARWATER DR., DELTONA, FL 32725 Violation: City of Deltona Section 38-114 Officer Danny Ron 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 $16,800, representing 168 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. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. The City will be moving forward with an Abatement. Property owner Tomas Wong was present and testified. DEL-22-337 MASSEY Property Address: 930 SWEETBRIER DR., DELTONA, FL 32725 Parcel ID: 813066100130 Property Owner: ANTOINE GUY H 930 SWEETBRIER DR., DELTONA, FL 32725 City of Deltona Page 5 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Violation: City of Deltona Section 38-114 Officer Bashir Tourkzi City of Deltona requested a one time fine of $100.00. Property owner Giselle Antoine was present and testified. DEL-22-338 MASSEY DISMISSED Property Address: 930 SWEETBRIER DR., DELTONA, FL 32725 Parcel ID: 813066100130 Property Owner: ANTOINE GUY H 930 SWEETBRIER DR., DELTONA, FL 32725 Violation: City of Deltona Section 38-110 (B)(2) Officer Bashir Tourkzi City of Deltona requested the case be dismissed. DEL-23-012 MASSEY Property Address: 1528 N NORMANDY BLVD, DELTONA 32725 Parcel ID: 813003320260 Property Owner: TUCKER NIGEL RAWN 1528 N NORMANDY BLVD, DELTONA 32725 Violation: City of Deltona Section 38-114 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 was sufficient to fully correct the violation, a fine in the amount of $2700, representing 18 days at $150 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. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. The City will be moving forward with an Abatement. Property owner was not present. City of Deltona Page 6 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 DEL-23-030 MASSEY Property Address: 2901 HOWLAND BLVD, DELTONA, FL 32738 Parcel ID: 813039130080 Property Owner: COLE FD PORTFOLIO III LLC 500 VOLVO PKWY, CHESAPEAKE, VA 23320 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 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 was sufficient to fully correct the violation, a fine in the amount of $5,500, representing 22 days at $250 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. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present. 10. NEW BUSINESS: DEL-23-023 Property Address: 1791 AMERO AVE., DELTONA, FL 32725 Parcel ID: 813065060080 Property Owner: STRICKLAND MARIE FLORENCE PO BOX 5631, DELTONA, FL 327328 Violation: City of Deltona Section 18-5 of the IPMC Section 304.6 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 4PM March 24, 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. Property owner was not present. DEL-23-025 City of Deltona Page 7 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Property Address: 2681 COURTLAND BLVD., DELTONA, FL 32738 Parcel ID: 811201080090 Property Owner: LITZINGER RORY L & LITZINGER SANDRA 2681 COURTLAND BLVD., DELTONA, FL 32738 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 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 4PM April 23, 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. Property owners Rory L. Litzinger & Sandra Litzinger were present and testified. DEL-23-046 Property Address: 2643 SALTERS CT., DELTONA, FL 32738 Parcel ID: 813038000080 Property Owner: STEPHEN J WHITNEY & WHITNEY MARC S 2643 SALTERS CT., DELTONA, FL 32738 Violation: City of Deltona Section 18-3 of 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 4PM May 23, 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. Property owner Stephen Whitney was present and testified. DEL-23-060 Property Address: 1848 HOWLAND BLVD., DELTOAN, FL 32738 Parcel ID: 813068060130 City of Deltona Page 8 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Property Owner: TRSTE LLC TR & 1848 HOWLAND LAND TRUST 924 W COLONIAL DR., ORLANDO, FL 32804 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 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 4PM March 24, 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 was not present. DEL-23-068 Property Address: 2069 JEFFERSON AVE., DELTONA, FL 32738 Parcel ID: 813074480010 Property Owner: WILSON RAFAEL JR & FRANCES 2069 JEFFERSON AVE., DELTONA, FL 32738 Violation: City of Deltona Section 18-5 of the IPMC Section 304.2 Officer Josue Garcia Segarra Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM April 8, 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 owners Rafael Wilson Jr. & Frances Wilson were present and testified. DEL-23-071 Property Address: 2069 JEFFERSON AVE., DELTONA, FL 32738 Parcel ID: 813074480010 Property Owner: WILSON RAFAEL JR & FRANCES 2069 JEFFERSON AVE., DELTONA, FL 32738 Violation: City of Deltona Page 9 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 City of Deltona Section 18-5 of the IPMC Section 304.13 Officer Josue Garcia Segarra 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 8, 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. Rafael Wilson Jr. & Frances Wilson were present and testified. DEL-23-078 CONTINUED Property Address: 55 COURTLAND BLVD., DELTONA, FL 32738 Parcel ID: 813060000030 Property Owner: DOLLAR TREE STORES INC 500 VOLVO PKWY, CHESAPEAKE, VA 23320 Violation: City of Deltona Section 18-5 of the IPMC Section 701.2 Officer Jeff Scott Continued to March 29, 2023 Special Magistrate hearing. DEL-23-095 Property Address: 856 N ATMORE CIRCLE., DELTONA, FL 32725 Parcel ID: 813069010160 Property Owner: I GREAT INVESTOR LLC 13 LILAC DR., DEBARY, FL 32713 Violation: City of Deltona Section 18-5 of the IPMC Section 302.7 Officer Lindsey Longstreet Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM March 24, 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. Property Owner (Investor of the property) was City of Deltona Page 10 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 present and testified the fence will be removed. DEL-23-106 Property Address: 2923 CLOVIS DR., DELTONA, FL 32738 Parcel ID: 813041410050 Property Owner: ACKER RONALD 2923 CLOVIS DR., DELTONA, FL 32738 Violation: City of Deltona Section 18-5 of the IPMC Section 302.7 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 4PM March 24, 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 was not present. DEL-23-124 CONTINUED Property Address: 2820 HOWLAND BLVD., DELTONA, FL 32525 Parcel ID: 813039090090 Property Owner: BIANCARDI CONNIE 2820 HOWLAND BLVD., DELTONA, FL 32525 Violation: City of Deltona Section 18-5 of the IPMC Section 701.2 Officer Kristen Coulter Continued to March 29, 2023 Special Magistrate hearing. Property owner Connie Biancardi was present and testified. DEL-23-125 CONTINUED Property Address: 2820 HOWLAND BLVD., DELTONA, FL 32525 Parcel ID: 813039090090 Property Owner: City of Deltona Page 11 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 BIANCARDI CONNIE 2820 HOWLAND BLVD., DELTONA, FL 32525 Violation: City of Deltona Section 18-5 of the IPMC Section 701.2 Officer Kristen Coulter Continued to March 29, 2023 Special Magistrate hearing. Property owner Connie Biancardi was present and testified. DEL-23-126 Property Address: 2820 HOWLAND BLVD., DELTONA, FL 32525 Parcel ID: 813039090090 Property Owner: BIANCARDI CONNIE 2820 HOWLAND BLVD., DELTONA, FL 32525 Violation: City of Deltona Section 18-3 of 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 4PM May 23, 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 $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. Property owner Connie Biancardi was present and testified. DEL-23-127 Property Address: 2820 HOWLAND BLVD., DELTONA, FL 32525 Parcel ID: 813039090090 Property Owner: BIANCARDI CONNIE 2820 HOWLAND BLVD., DELTONA, FL 32525 Violation: City of Deltona Section 18-3 of 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 City of Deltona Page 12 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Respondent correct the violation no later than 4PM May 23, 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 $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. Property owner Connie Biancardi was present and testified. DEL-23-136 Property Address: 2923 CLOVIS DR., DELTONA, FL 32738 Parcel ID: 813041410050 Property Owner: ACKER RONALD 2923 CLOVIS DR., DELTONA, FL 32738 Violation: City of Deltona Section 38-114 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 4PM March 24, 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 was not present. DEL-23-137 DISMISSED Property Address: 2831 SUMMERFIELD ST., DELTONA, FL 32738 Parcel ID: 813043370080 Property Owner: BRIDGE SFR IV SEED BORROWER LLC 6836 MORRISON BLVD #320, CHARLOTTE, NC 28211 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 Officer Tyler Russo The case was dismissed by Special Magistrate. DEL-23-138 Property Address: 905 PRESCOTT BLVD., DELTONA, FL 32738 City of Deltona Page 13 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Parcel ID: 813041670060 Property Owner: TAVER ERROL S 905 PRESCOTT BLVD., DELTONA, FL 32738 Violation: City of Deltona Section 18-3 of 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 4PM April 23, 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 Errol S.Taver was present and testified. DEL-23-139 WITHDRAWN Property Address: 905 PRESCOTT BLVD., DELTONA, FL 32738 Parcel ID: 813041670060 Property Owner: TAVER ERROL S 905 PRESCOTT BLVD., DELTONA, FL 32738 Violation: City of Deltona Section 18-5 of the IPMC Section 302.7 Officer Tyler Russo This case was withdrawn by the City of Deltona. DEL-23-140 Property Address: 2912 MALDIVE CT., DELTONA, FL 32738 Parcel ID: 813041610120 Property Owner: GARCIA-RIVERA DANIEL & GARCIA MARITZA 2912 MALDIVE CT., DELTONA, FL 32738 Violation: City of Deltona Section 66-19 (3) Officer Tyler Russo City of Deltona Page 14 Printed on 3/6/2023 Special Magistrate Minutes February 22, 2023 Special Magistrate found the Respondent in violation to be in compliance, no fine will be imposed. Any violation for the same code by the same Respondent within five years from the date of this Order, shall be treated as a repeat violation for which a fine of $500.00 per day may be imposed. Property owners Garcia- Rivera Daniel & Garcia Martitza & Daughter Melissa was present and testified on behalf of her parents. DEL-23-141 Property Address: 2912 MALDIVE CT., DELTONA, FL 32738 Parcel ID: 813041610120 Property Owner: GARCIA-RIVERA DANIEL & GARCIA MARITZA 2912 MALDIVE CT., DELTONA, FL 32738 Violation: City of Deltona Section 66-18 (H) 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 4PM April 8, 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. Garcia-Rivera Daniel & Garcia Maritza & (Daughter) Melissa was present and testified on behalf of her parents. 11. OTHER AND REPEAT BUSINESS: 12. ADJOURNMENT: ____________________________________ Special Magistrate Kristin Eick ____________________________________ Hearing Clerk Renée Cairney City of Deltona Page 15 Printed on 3/6/2023