Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, April 26, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:35 pm. 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisors Mark Gibson and Marion Lariscy Officer Kristen Coulter Officer Josue Garcia Segarra Officer Taylor Soukup Officer Bashir Tourkzi Officer Tyler Russo Officer Todd Meade 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 March 29, 2023 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: DEL-23-018 MASSEY CONTINUED Property Address: 2751 SUMMERFIELD ST., DELTONA, FL 32738 Parcel ID: 813032400060 Property Owner: DUNCAN JOSHUA City of Deltona Page 1 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 2751 SUMMERFIELD ST., DELTONA, FL 32738 Violation: City of Deltona Section 18-3 of the IPMC Section 304.2 Officer Taylor Soukup DEL-23-196 WITHDRAWN Property Address: 709 LELAND DR., DELTONA, FL 32725 Parcel ID: 813020050010 Property Owner: WALKER-LATNEY NORMAN ADONAI 709 LELAND DR., DELTONA, FL 32725 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 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-22-196 MASSEY Property Address: 870 MAYBROOK DR., DELTONA, FL 32725 Parcel ID: 813066140050 Property Owner: SIEW FREDERIC J 870 MAYBROOK DR., DELTONA, FL 32725 Violation: City of Deltona Section 18-3 of the Florida Building Code, Section 105.1 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 $24,300, representing 243 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. Property owner was not present to testify. DEL-23-007 MASSEY City of Deltona Page 2 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 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 of the IPMC Section 304.2 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 was sufficient to fully correct the violation, a fine in the amount of $1,175, representing 47 days at $25 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 property owner was not present to testify. DEL-23-029 MASSEY 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 of the Florida Building Code Section 105.1 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 $2350, representing 47 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. Property manager Joseph Iceman was present to testify. DEL-23-106 MASSEY Property Address: 2923 CLOVIS DR., DELTONA, FL 32738 Parcel ID: 813041410050 Property Owner: ACKER RONALD 2923 CLOVIS DR., DELTONA, FL 32738 City of Deltona Page 3 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 Violation: City of Deltona Section 18-5 of the IPMC Section 302.7 Officer Tyler Russo 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 $850, representing 34 days at $25 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. Property owner was not present to testify. 10. NEW BUSINESS: DEL-23-062 Property Address: 3240 AMBER ST., DELTONA, FL 32738 Parcel ID: 813032400060 Property Owner: SFR JV-2 PROPERTY LLC PO BOX 15087 SANTA ANA, CA 92735 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 June 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. Property owner was not present to testify. DEL-23-147 Property Address: 1060 BANNOCK TER., DELTONA, FL 32738 Parcel ID: 813048040010 Property Owner: TAH MS BORROWER LLC CO: %TRICON AMERICAN HOMES LLC 1508 BROOKHOLLOW DR, SANTA ANA, CA 92705 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 City of Deltona Page 4 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 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 June 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. Property owner was not present to testify. DEL-23-154 Property Address: 2114 VAN ORMAN DR., DELTONA, FL 32725 Parcel ID: 813031110260 Property Owner: YEATMAN HOYT H. EST 2114 VAN ORMAN DR., DELTONA, FL 32725-3943 Violation: City of Deltona Section 18-5 of the IPMC Section 302.7 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 4PM June 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 $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 to testify. DEL-23-168 Property Address: 337 PROVIDENCE BLVD., DELTONA, FL 32725 Parcel ID: 813012120070 Property Owner: SAFARI TWO ASSET COMPANY LLC 5001 PLAZA ON THE LAKE STE 200, AUSTIN, TX 78746 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 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 4PM June 25, 2023 after this Order is City of Deltona Page 5 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 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 manager Joseph Iceman was present and did testify. DEL-23-172 Property Address: 1083 DELTONA BLVD., DELTONA, FL 32725 Parcel ID: 813010110090 Property Owner: ALICEA VICTOR & ALICEA HENRY 41 CUNNINGHAM RD., DEBARY, FL 32713 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 105.1 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 4PM June 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 $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 to testify. DEL-23-173 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 (B)(2) 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 4PM May 3, 2023 after this Order is entered in writing; this is a continued nuisance. Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. The City would like to move forward with the property Abatement. Property owner was not present to testify. City of Deltona Page 6 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 DEL-23-185 Property Address: 2824 CORRIGAN DR., DELTONA, FL 32738 Parcel ID: 813032780140 Property Owner: MCNAB IVETTE 218 LINDEN BLVD., 5G BROOKLYN, NY 11226 Violation #1: City of Deltona Section 18-5 of the IPMC Section 302.7 Violation #2: City of Deltona Ordinance, 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 June 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 $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. Ivette Mcnab the property owner was present and did testify. DEL-23-191 Property Address: 549 ANTELOPE DR., DELTONA, FL 32725 Parcel ID: 813004160360 BAF ASSETS LLC 5001 PLAZA ON THE LAKE STE. 200, AUSTIN, TX 78746 Violation: City of Deltona Section 18-3 of the Florida Building Code Section 101.5 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 June 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 $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 to testify. DEL-23-192 City of Deltona Page 7 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 Property Address: 1510 BATON DR., DELTONA, FL 32725 Parcel ID: 813065020120 Property Owner: VM PRONTO LLC 5001 PLAZA ON THE LAKE STE., 200, AUSTIN, TX 78746 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 June 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 $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 Joseph Iceman was present and did testify. DEL-23-193 Property Address: 2561 SEDGEFIELD AVE., DELTONA, FL 32725 Parcel ID: 813071320090 Property Owner: KOPSIDAS SPIROS 1620 DRAYTON AVE., DELTONA, FL 32725 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 June 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 $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 to testify. DEL-23-198 Property Address: 1049 E. NORMANDY BLVD., DELTONA, FL 32725 Parcel ID: 813005130010 Property Owner: DELTONA WOMANS CLUB INC. City of Deltona Page 8 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 PO BOX 5215 DELTONA, FL 32728-5361 Violation #1: City of Deltona Section 18-5 of the IPMC Section 304.2 Violation #2: City of Deltona Section 18-5 of the IPMC Section 304.7 Violation #3: City of Deltona Section 18-5 of the IPMC Section 302.7 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 August 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 $175 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. Attorney Mr. George Trovato was present representing the Deltona Womans Club Inc. and did testify. 11. OTHER AND REPEAT BUSINESS: REQUESTING A PARTIAL LIEN RELEASE 257 FORT SMITH BLVD., DELTONA, FL 32738 Parcel ID: 813042250190 Property Owner: MADD ASSETS, LLC 1210 SW 2ND AVE. OKEECHOBEE, FL 34974 Request: Asking for a partial lien release. Officer Danny Ron Special Magistrate heard the request for a partial lien release on the property located at 257 Fort Smith Boulevard, Deltona, FL 32738. “Special Magistrate recommended that the City Commission grant a partial release of the lien for 257 Fort Smith Boulevard only.” DEL-22-060 MASSEY Property Address: City of Deltona Page 9 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 1299 FOUNTAINHEAD DR., DELTONA, FL 32725 Parcel ID: 813010190030 Property Owner: VERMONT LLC 9907 8TH ST. #1269 GOTHA, FL 34734 Request: Asking for a reduction in the Special Magistrate Lien Officer Taylor Soukup Special Magistrate heard the request for a reduction in the lien amount owed. Recommendation made was to reduce the lien amount to $2000. This was only a recommendation by the Special Magistrate and it is noted this request must go before a Regular City Commission meeting. The request is being arranged to be presented at the May 15, 2023 City Commission meeting. Mr. Erich Spivey the Real Estate Agent was present and did testify. DEL-22-061 MASSEY Property Address: 1299 FOUNTAINHEAD DR., DELTONA, FL 32725 Parcel ID: 813010190030 Property Owner: VERMONT LLC 9907 8TH ST. #1269 GOTHA, FL 34734 Request: Asking for a reduction in the Special Magistrate Lien Officer Taylor Soukup Special Magistrate heard the request for a reduction in the lien amount owed. Recommendation made was to reduce the lien amount to $2000. This was only a recommendation by the Special Magistrate and it is noted this request must go before a Regular City Commission meeting. The request is being arranged to be presented at the May 15, 2023 City Commission meeting. Mr. Erich Spivey the Real Estate Agent was present and did testify. DEL-22-062 MASSEY Property Address: 1299 FOUNTAINHEAD DR., DELTONA, FL 32725 Parcel ID: 813010190030 City of Deltona Page 10 Printed on 5/17/2023 Special Magistrate Minutes April 26, 2023 Property Owner: VERMONT LLC 9907 8TH ST. #1269 GOTHA, FL 34734 Request: Asking for a reduction in the Special Magistrate Lien Officer Taylor Soukup Special Magistrate heard the request for a reduction in the lien amount owed. Recommendation made was to reduce the lien amount to $2000. This was only a recommendation by the Special Magistrate and it is noted this request must go before a Regular City Commission meeting. The request is being arranged to be presented at the May 15, 2023 City Commission meeting. Mr. Erich Spivey the Real Estate Agent was present and did testify. 13. ADJOURNMENT: The meeting was adjourned at 7:40 pm. ________________________ Special Magistrate Kristin Eick ________________________ Hearing Clerk Renée Cairney City of Deltona Page 11 Printed on 5/17/2023