Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, June 28, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisors Mark Gibson and Marion Lariscy Magistrate Hearing Clerk Renée Cairney Officer Josymar Jimenez Officer Steve Braukhoff Officer Nick Lopez Officer Todd Mead Officer Nelson Nieves Officer Janice Polascik Director of Planning and Development Services Joseph Ruiz Director Deputy of Public Works Phyllis Wallace City Attorney Marsha Segal George 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: Presented by Kristin Eick Ms. Eick has taken a Judicial Notice of all City of Deltona Ordinances, State Statues, 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 24, 2023 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: A. DEL-13-063 WITHDRAWN Property Address: 990 WINDBROOK DR., DELTONA, FL 32725 Parcel ID: 813058030070 City of Deltona Page 1 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 Property Owner: JORGE L. MEDINA 990 WINDBROOK DR.., DELTONA, FL 32725 Request: Asking for a reduction in the Special Magistrate Lien Officer / Code Compliance Manager Danny Ron This case was withdrawn by the City of Deltona. B. DEL-13-064 WITHDRAWN Property Address: 990 WINDBROOK DR., DELTONA, FL 32725 Parcel ID: 813058030070 Property Owner: JORGE L. MEDINA 990 WINDBROOK DR.., DELTONA, FL 32725 Request: Asking for a reduction in the Special Magistrate Lien Officer / Code Compliance Manager Danny Ron This case was withdrawn by the City of Deltona. C. DEL-23-183 WITHDRAWN Property Address: 1047 DELTONA BLVD., DELTONA, FL 32725 Parcel ID: 813010110130 Property Owner: NELSON ELEANOT MARIE EST 1047 DELTONA BLVD., DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. City of Deltona Page 2 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 Roof in disrepair Officer Nick Lopez This case was withdrawn by the City. D. DEL-23-001 MASSEY WITHDRAWN Property Address: 2196 HOWLAND BLVD., DELTONA, FL 32738 Parcel ID: 811401000030 Property Owner: CIRCLE K STORES INC CO: REAL ESTATE DEPARTMENT P.O. BOX 52085 DC-17 PHOENIX, AZ 85072-2085 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Door change out permit required. Officer Marion Lariscy This case was withdrawn by the City. 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-23-085 MASSEY CONTINUED Property Address: 3304 LITTLE FIELD ST., DELTONA, FL 32738 Parcel ID: 813032430130 Property Owner: STEER WESLEY N City of Deltona Page 3 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 3304 LITTLEFIELD ST. DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states the roof and flashing shall be sound tight and not have defects that admit rain. Soffit in disrepair front of house Officer Janice Polascik This case was continued by the Special Magistrate Judge, to July 26, 2023 Special Magistrate hearing. B. DEL-23-093 MASSEY Property Address: 1085 WILMINGTON DR., DELTONA, FL 32738 Parcel ID: 813005720200 Property Owner: MCKAIG SHAWN 122 DIXWOOD AVE., EDGEWATER, FL 32132 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.3 (Sidewalks and driveways) which states that all sidewalks, walkways, stairs, driveways, parking spaces and sum areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. Repair and / or replace damaged driveway. Obtain permits if required. Officer Marion Lariscy Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1250, representing 90 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 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. C. DEL-23-161 MASSEY City of Deltona Page 4 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 Property Address: 830 TULIP ST., DELTONA, FL 32725 Parcel ID: 813003460030 Property Owner: PERRY CLAYTON A 830 TULIP ST., DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Repair or remove fence Officer Nick Lopez Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $3050, representing 61 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. 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. OTHER AND REPEAT BUSINESS: 12. NEW BUSINESS: A. DEL-23-134 Property Address: 1507 CATALINA BLVD., DELTONA, FL 32725 Parcel ID: 810900000079 Property Owner: ARMSTRONG ARAVIOUS 1813 TANGERINE AVE., SANFORD, FL 32271 Violation: City of Deltona Ordinance Section 98-27, which states that it shall be unlawful for any person to cut, move, remove or destroy through damaging or to authorize the same, of any tree, as defined herein, without obtaining a tree removal development permit (tree permit) in accordance with the provisions of this article City of Deltona Page 5 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 Removal of trees without permit - Restitution to the Tree Mitigation fund to determine planting of trees to replace trees removed 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 July 28, 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 $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 was not present. Phyllis Wallace Director of Public Works Department was present and testified she had spoke with the property owner and stated the property owner would acquire the permit. B. DEL-23-201 Property Address: 870 CASPIAN CT., DELTONA, FL 32738 Parcel ID: 81304660030 Property Owner: GAWOROWSKI ANDREW & GAWOROWSKI BARBARA 870 CASPIAN CT., DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 14-166 (b) A dog is deemed dangerous if according to code enforcement/sheriff records and the definition under section 14-1—Dangerous dogs, it has; aggressively bitten, attacked or endangered, or has inflicted severe injury (any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery on any human being, or domestic animal lawfully on public or private property; If a dog is the subject of a dangerous dog investigation, the officer shall if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with an animal shelter, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides will be provided to the sheriff. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the City of Deltona Page 6 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 outcome of an investigation or any hearings. In the event that a dog is to be destroyed, the dog shall not be relocated, or ownership transferred. Dangerous dog Officer Steve Braukhoff In the matter regarding the dog belonging to Andrew Gaworowski and Barbara Gaworowski, the Special Magistrate, after hearing testimony presented by the Animal Services Division, Code Compliance Officer Steve Braukhoff, Andrew Gaworowski and Barbara Gaworowski owners of the dog, the dog owners witness Beata Stys-Palasz. The victim Valerie Olude and spouse Adewale Olude gave testimony and, further, receiving evidence (photos and documents), the Special Magistrate found that there is sufficient cause to classify the above described dog as dangerous and therefore upholds the initial determination, dog owners will have to follow the rules made by the City’s Animal Control Authority. C. DEL-23-210 CONTINUED Property Address: 2180 MAC HARDY RD., DELTONA, FL 32738 Parcel ID: 812700000250 Property Owner: DENAR LISA 2180 MAC HARDY RD. DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Structure built less than allowable sq. footage Officer Josymar Jimenez This case was continued by the City, to July 26, 2023 Special Magistrate hearing. D. DEL-23-216 Property Address: 995 MERRIMAC ST., DELTONA, FL 32725 Parcel ID: 813030160140 City of Deltona Page 7 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 Property Owner: RAMIERZ AIDA 1673 GOLD OAKS RD. DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Fence in disrepair Officer Nelson Nieves Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM July 28, 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. E. DEL-23-217 Property Address: 1489 DAROCA DR., DELTONA, FL 32725 Parcel ID: 813072180140 Property Owner: CALLENDER GERALD ST. CLAIR EST. 1260 CROTON LOOP #120 BROOKLYN, NY 11239 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Roof in disrepair City of Deltona Page 8 Printed on 7/14/2023 Special Magistrate Minutes June 28, 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 July 28, 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. F. DEL-23-223 Property Address: 2621 DELAWARE RD., DELTONA, FL 32738 Parcel ID: 8130174570040 Property Owner: BAY STREET HOMES LLC 300 MONTGOMERY ST., #350 SAN FRANCISCO, CA 94104 Violation: A City of Deltona Ordinance, Section 14-238 (b)(1), which states that no person may harbor a dog or cat six months of age or older within the City that has not been spayed or neutered unless the dog or cat is otherwise exempt under this section. Spay or neuter dog and/or cat Violation: B City of Deltona Ordinance, Section 14-141(c), which states it shall be the duty of the owner or person responsible for any dog or cat brought into the city or acquired to have the dog or cat licensed in accordance with this division within 15 days after the dog or cat is brought into the city or acquired, or before the dog or cat reaches six months of age, whichever comes first. City Animal License Violation: C City of Deltona Ordinance, Section 14-2 (1), which states it is unlawful for a person to permit animals to become a public nuisance. An animal shall be declared a public nuisance animal if such animal:(1) Is repeatedly found at large. City of Deltona Page 9 Printed on 7/14/2023 Special Magistrate Minutes June 28, 2023 Animal at large Officer Janice Polascik Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM July 28, 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 (for both cases combined) 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. Violation A: Spay or Neuter of dog or cat; unless the dog or cat is exempt Violation B: Obtain City license / tags for dog or cat Violation C: This item was withdrawn by the City 11. ADJOURNMENT: The meeting was adjourned at 7:50 pm. ________________________ Special Magistrate Kristin Eick ________________________ Hearing Clerk Renée Cairney City of Deltona Page 10 Printed on 7/14/2023