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Special Magistrate

Special Meeting

Deltona, FL · August 23, 2023

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, August 23, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:30 pm. 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisors Mark Gibson and Marion Lariscy Legal / Lien Assistant Vanessa Buck Captain / Assistant Fire Marshall Samuel Schaller Officer Nick Lopez Officer Janice Polascik Officer Tyler Russo Officer Todd Mead Officer Lindsey Longstreet 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 July 26, 2023 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: DEL-23-238 CONTINUED Property Address: 887 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 803604010050 Property Owner: City of Deltona Page 1 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 LAND TRUST SERVICE CORP TR / TRUST NO 887 DB PO BOX 547945 ORLANDO, FL 32854 Violation: City of Deltona SEC. 38-110 (4) - NUISANCE TREES - Violation: City of Deltona Ordinance, Section 38-110(4), which states that nuisance trees determined to be a public hazard when they exist upon any right-of-way, lot, lots or adjacent lots, as the case may be, in the incorporated area of the city shall be abated in its entirety. Corrective Action: Remove and properly dispose of the trees. Officer Todd Meade The case was continued by the city. DEL-23-239 CONTINUED Property Address: 772 E. NORMANDY BOULEVARD, DELTONA, FL 32725 Parcel ID: 813002270060 Property Owner: DIAZ DANIEL 772 E. NORMANDY BOULEVARD DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the door and window repair, replace, or removal work. Officer Todd Meade City of Deltona Page 2 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 The case was continued by the city. DEL-23-241 WITHDRAWN - BROUGHT INTO COMPLIANCE Property Address: 1369 BAILEY AVENUE, DELTONA, FL 32725 Parcel ID: 813076010130 Property Owner: ARROYO MARY AND ARROYO GILBERT 1369 BAILERY AVENUE DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for a fence. Officer Bashir Tourkzi The case was brought into compliance and withdrawn. DEL-23-243 Property Address: 1055 LYRIC DRIVE, DELTONA, FL 32738 Parcel ID: 813010350040 Property Owner: HACHMEISTER JOSHUA T. 1055 LYRIC DRIVE DELTONA, FL 32728 Violation: SEC. 110-831 TEMPORARY PORTABLE STORAGE UNIT - Violation: City of Deltona Section 110-831 Which states, A temporary portable storage unit is allowed on property solely for the loading, unloading and temporary storage of goods. The maximum time for the temporary City of Deltona Page 3 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 portable storage unit to remain on the property shall be 30 consecutive days with a maximum of two occurrences per year per lot, not to run consecutively, may be placed on any paved driveway area, but must be a minimum of five feet from the edge of any right-of-way and six feet from any side lot line. Corrective Action: Please remove portable storage unit from the property. Officer Tyler Russo The case was brought into compliance and withdrawn. 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: DEL-23-151 MASSEY Property Address: 2831 SUMMERFIELD STREET, DELTONA, FL 32738 Parcel ID: 813043370080 Property Owner: BRIDGE SFR IV SEED BORROWER LLC 6836 MORRISON BOULEVARD, #320 CHARLOTTE, NC 28211 Violation: City of Deltona Section SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the fence. Officer Tyler Russo Special Magistrate found the Respondent did not correct the violation within the time City of Deltona Page 4 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 specified in the prior Order. A fine in the amount of $1550, representing 62 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. DEL-23-188 MASSEY Property Address: 2627 BEAL STREET, DELTONA, FL 32738 Parcel ID: 813074010020 Property Owner: HOUSE GURU LLC SUNNI MILO 915 DOYLE ROAD SUITE 303 UNIT 222 DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the shed. Officer Janice Polascik Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1550, representing 62 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 House Guru LLC Sunni Milo was not present to testify. FIRE-000006-2023 MASSEY Property Address: 2901 HOWLAND BLVD., DELTONA, FL 32738 City of Deltona Page 5 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 Parcel ID: 813039130080 Property Owner: COLDE FD PORTFOLIO III LLC % FAMILY DOLLAR STORES 500 VOLVO PARKWAY CHESAPEAKE, VA 23320 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 13.1.6. See attached Fire Inspection Report for detailed information. Corrective Action: Contact licensed fire sprinkler contractor to have quarterly & semi-annual fire sprinkler inspection & testing conducted on system per NFPA 25 & provide all written documentation, including inspection reports, to the Fire Safety Division. Captain / Assistant Fire Marshall Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1525 representing 61 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. Captain / Assistant Fire Marshall Samuel Schaller was present and did testify. FIRE-000007-2023 MASSEY Property Address: 1001 ALABASTER WAY, DELTONA, FL 32725 Parcel ID: 813078000030 Property Owner: SNR 24 STERLING CT., OWNER LLC 155 W 46TH STREET SUITE 2204 NEW YORK, NY 10036 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 13.1.9, Ch. 13.7.3.1.1.4, Ch. 13.1.6, Ch. 13.3.3.2, , Ch. 50.5.6.15, 2017 NEC 70, Article City of Deltona Page 6 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 700.12 (F)(2) & F.S.S. 633.312(2). See attached Fire Inspection Report for detailed information. Corrective Action: Conduct annual maintenance on all privately-owned & controlled fire hydrants on property, and provide inspection/testing/maintenance report to the Fire Prevention Division, repair all deficiencies to the fire alarm system and restore fire alarm system back to “NORMAL” status. Provide documentation stating that all deficiencies to fire alarm system have been repaired. Provide copies of all current fire sprinkler system inspection/maintenance reports, dating back to the last report on file, from 4/4/2022. Contact a licensed fire sprinkler contractor to conduct quarterly & semi-annual inspection/testing/maintenance on fire sprinkler system. Hardwire exit sign in health care therapy area to same branch circuit serving the normal lighting in the area. Provide a current copy of the kitchen exhaust system/hood inspection/cleaning service report, along with photographs, to the Fire Prevention Division. Captain / Assistant Fire Marshall Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $9200, representing 46 days at $200 per day (consistent with prior Order). A fine will continue to accrue in the amount of $150 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. Captain / Assistant Fire Marshall Samuel Schaller was present and did testify. 10. NEW BUSINESS: DEL-23-228 Property Address: 2849 W. HURON DRIVE, DELTONA, FL 32738 Parcel ID: 813032900010 Property Owner: MASON JAMES 2849 W. HURON DRIVE DELTONA, FL 32738 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - Violation: City of Deltona Ordinance, Section 18-3, adopting the latest City of Deltona Page 7 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 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. Corrective Action: You must obtain a permit for the shed. 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 September 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 $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 James Mason was present and testified. DEL-23-229 Property Address: 3389 VANCOUVER AVENUE, DELTONA, FL 32738 Parcel ID: 813035090070 Property Owner: FKH SFR PROPCO G L P 1850 PARKWAY PLACE 9FL MARIETTA, GA 30067 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. City of Deltona Page 8 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 Corrective Action: You must obtain a permit for fence. 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 September 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 $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. Jessica Sierra Property Manager representing First Key Homes was present and did testify. DEL-23-230 Property Address: 2250 E. UNION CIRCLE, DELTONA, FL 32725 Parcel ID: 813008260120 Property Owner: BARRETO C. ANDRE & FERNANDES PAULA 2250 E. UNION CIRCLE DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the shed. Officer Lindsey Longstreet This case was continued by the City. DEL-23-237 Property Address: 1479 E. HANCOCK DRIVE, DELTONA, FL 32725 Parcel ID: 813030190050 City of Deltona Page 9 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 Property Owner: FRAZIER SR. JAMES MICHAEL AND MARIE 1479 E. HANCOCK DRIVE DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the Door or Garage enclosure area. 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 November 21, 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-23-242 Property Address: 3775 TRADE STREET, DELTONA, FL 32738 Parcel ID: 813062370030 Property Owner: RODRIGUEZ MARISOL, RIZNER CARL JOSEPH JR. AND RIZNER YVETTE 3775 TRADE STREET, DELTONA, FL 32738 Violation: City of Deltona SEC. 18-5 IPMC 304.6 Exterior Walls - City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.6, which states that all exterior walls shall be free from holes, breaks, and loose or rotting materials; City of Deltona Page 10 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 and maintained weatherproof and properly surface coated where required to prevent deterioration. Corrective Action: Repair the exterior walls. 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 October 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 $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-23-245 Property Address: 661 PIEDMONT DRIVE, DELTONA, FL 32725 Parcel ID: 813065060080 Property Owner: IMAS DELTONA LLC 266 ELWOOD AVENUE 923 BUFFALO, NY 14222 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for a fence. 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 September 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 $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 City of Deltona Page 11 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 Officer to verify compliance with this order. Property owner was not present to testify. DEL-23-246 Property Address: 1886 ELKCAM BOULEVARD, DELTONA, FL 32725 Parcel ID: 813015180190 Property Owner: KLECKER GREGORY PO BOX 950134 LAKE MARY, FL 32795 Violation: City of Deltona SEC. 18-5 IPMC 504.1 - DAMAGED PLUMBING - Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 504.1, which states that all plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Corrective Action: Repair or replace damaged plumbing. Officer Nick Lopez Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM September 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 $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 Gregory Klecker was represented by Attorney Francis Hannon with Dewitt Law whom did testify. Tenant Kimberly Nieves was present and did testify. FIRE-000010-2023 Property Address: 1001 ALABASTER WAY, DELTONA, FL 32725 Parcel ID: 813078000030 Property Owner: SNR 24 STERLING COURT, OWNER LLC 55 W. 46 STREET, SUITE 2204 NEW YORK, NY 10036 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – City of Deltona Page 12 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 Adopted. Florida Fire Prevention Code 7th Edition, NFPA 101 - Ch 7.9.3.1.1. See attached Fire Inspection Report for detailed information. Corrective Action: Provide current written logs of testing for all emergency lighting systems in the building. Captain / Assistant Fire Marshall Samuel Schaller Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM September 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 $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. Captain / Assistant Fire Marshall Samuel Schaller was present and did testify. FIRE-000011-2023 Property Address: 2001 SAXON BOULEVARD, DELTONA, FL 32725 Parcel ID: 813003000110 Property Owner: RACETRAC PETROLEUM INC 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Violation: Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1 - Ch 63.9.2.1. and NFPA 1 Ch. 11.1.8. See attached Fire Inspection Report for detailed information. Corrective Action: Obtain an operational use permit through City of Deltona for operation of Liquid CO2 system, and pass all required inspections for system, and provide an approved cover plate for the opening inside the electrical panel. Captain / Assistant Fire Marshall Samuel Schaller Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM September 22, 2023 after this Order is City of Deltona Page 13 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $25 for each violation ($50 total) 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. Captain / Assistant Fire Marshall Samuel Schaller was present and did testify. FIRE-000012-2023 Property Address: 407 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 900111000010 Property Owner: RACETRAC PETROLEUM INC 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1 - Ch 63.9.2.1. See attached Fire Inspection Report for detailed information. Corrective Action: Obtain an operational use permit through City of Deltona for operation of Liquid CO2 system. Captain / Assistant Fire Marshall Samuel Schaller Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM September 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 $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. Captain /Assistant Fire Marshall Samuel Schaller testified. 11. OTHER AND REPEAT BUSINESS: DEL-13-063 CONTINUED Property Address: 990 WINDBROOK DRIVE, DELTONA, FL 32725 Parcel ID: 813012010110 Property Owner: RAMIREZ ARTEMIO 990 WINDBROOK DRIVE City of Deltona Page 14 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 DELTONA, FL 32725 Violation: City of Deltona, Section 14-141(c) 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. Corrective action: Must license the animal(s) within 72 hours. Officer no longer employed by the City. Code Compliance Manager Danny Ron presenting case. Resident was not the owner at the time of the aforementioned Special Magistrate liens. Present property owner purchased the home and inherited the liens. The liens capped out at $10,000.00 on December 9, 2013. The present property owner is requesting the Special Magistrate liens be removed completely, for the animals have not resided at the property since Mr. Ramirez and therefore the violation was not a violation that could have been brought into compliance. The case was continued by the city. DEL-13-064 CONTINUED Property Address: 990 WINDBROOK DRIVE, DELTONA, FL 32725 Parcel ID: 813012010110 Property Owner: RAMIREZ ARTEMIO 990 WINDBROOK DRIVE DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section Sec. 14-201(a) Every person who owns or harbors a dog or cat in the city shall have such dog or cat annually vaccinated against rabies by a licensed veterinarian. Evidence of such vaccination shall consist of a current certificate issued and signed by the veterinarian administering the vaccination. The owner or custodian of any animal required by this section to be inoculated against rabies shall keep a current rabies tag with the year attached to the animal at all times. City of Deltona Page 15 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 Corrective action: Must vaccinate against rabies within 72 hours. The Officer with whom initiated the case is no longer employed by the City of Deltona. Code Compliance Manager Danny Ron presenting case. Resident was not the owner at the time of the aforementioned Special Magistrate liens. Present property owner purchased the home and inherited the liens. The liens capped out at $10,000.00 on December 9, 2013. The present property owner is requesting the Special Magistrate liens be removed completely, for the animals have not resided at the property since Mr. Ramirez and therefore the violation was not a violation that could have been brought into compliance. The case was continued by the city. DEL-23-015 MASSEY Property Address: 716 MOUNTAIN WAY AVENUE, DELTONA, FL 32738 Parcel ID: 813062360360 Property Owner: COLATOSTI ENTERPRISE LLC 13550 VILLAGE PARK DRIVE UNIT 300 ORLANDO FL 32837 Violation: City of Deltona SEC. 18-5 IPMC 302.7 - HOUSING CODE ACC STRUCTURE - 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. Corrective Action: Repair or remove the structure. (Shed) Officer Taylor Soukup / Danny Ron This case DEL-23-015 is being brought forward to have a previous Order Imposing Fine and Lien (MASSEY) recorded on April 28, 2023 Book 8399 Page 4386 amended for this item was recorded with a fine owing of $5300.00 when there was not a fine owing. Special Magistrate recommended the case be brought before the City Commission for approval to amend an order previously recorded by Special Magistrate. City of Deltona Page 16 Printed on 9/12/2023 Special Magistrate Minutes August 23, 2023 13. ADJOURNMENT: The meeting was adjourned at 7:38 pm. _________________________ Special Magistrate Kristin Eick _________________________ Hearing Clerk Renée Cairney City of Deltona Page 17 Printed on 9/12/2023

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda Special Magistrate Wednesday, August 23, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: 6. APPROVAL OF AGENDA & MINUTES: 7. ANNOUNCEMENTS: 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: DEL-23-151 MASSEY Property Address: 2831 SUMMERFIELD STREET, DELTONA, FL 32738 Parcel ID: 813043370080 Property Owner: BRIDGE SFR IV SEED BORROWER LLC 6836 MORRISON BOULEVARD, #320 CHARLOTTE, NC 28211 Violation: City of Deltona Section SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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 City of Deltona Page 1 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the fence. Officer Tyler Russo DEL-23-188 MASSEY Property Address: 2627 BEAL STREET, DELTONA, FL 32738 Parcel ID: 813074010020 Property Owner: HOUSE GURU LLC SUNNI MILO 915 DOYLE ROAD SUITE 303 UNIT 222 DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the shed. Officer Janice Polascik FIRE-000006-2023 MASSEY Property Address: 2901 HOWLAND BLVD., DELTONA, FL 32738 Parcel ID: 813039130080 Property Owner: COLDE FD PORTFOLIO III LLC % FAMILY DOLLAR STORES 500 VOLVO PARKWAY CHESAPEAKE, VA 23320 City of Deltona Page 2 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 13.1.6. See attached Fire Inspection Report for detailed information. Corrective Action: Contact licensed fire sprinkler contractor to have quarterly & semi-annual fire sprinkler inspection & testing conducted on system per NFPA 25 & provide all written documentation, including inspection reports, to the Fire Safety Division. Captain / Assistant Fire Marshall Samuel Schaller FIRE-000007-2023 MASSEY Property Address: 1001 ALABASTER WAY, DELTONA, FL 32725 Parcel ID: 813078000030 Property Owner: SNR 24 STERLING CT., OWNER LLC 155 W 46TH STREET SUITE 2204 NEW YORK, NY 10036 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 13.1.9, Ch. 13.7.3.1.1.4, Ch. 13.1.6, Ch. 13.3.3.2, , Ch. 50.5.6.15, 2017 NEC 70, Article 700.12 (F)(2) & F.S.S. 633.312(2). See attached Fire Inspection Report for detailed information. Corrective Action: Conduct annual maintenance on all privately-owned & controlled fire hydrants on property, and provide inspection/testing/maintenance report to the Fire Prevention Division, repair all deficiencies to the fire alarm system and restore fire alarm system back to “NORMAL” status. Provide documentation stating that all deficiencies to fire alarm system have been repaired. Provide copies of all current fire sprinkler system inspection/maintenance reports, dating back to the last report on file, from 4/4/2022. Contact a licensed fire sprinkler contractor to conduct quarterly & semi-annual inspection/testing/maintenance on fire sprinkler system. Hardwire exit sign in health care therapy area to same branch circuit serving the normal lighting in the area. Provide a current copy of the kitchen exhaust system/hood inspection/cleaning service report, along with photographs, to the City of Deltona Page 3 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 Fire Prevention Division. Captain / Assistant Fire Marshall Samuel Schaller 10. NEW BUSINESS: DEL-23-228 Property Address: 2849 W. HURON DRIVE, DELTONA, FL 32738 Parcel ID: 813032900010 Property Owner: MASON JAMES 2849 W. HURON DRIVE DELTONA, FL 32738 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the shed. Officer Janice Polascik DEL-23-229 Property Address: 3389 VANCOUVER AVENUE, DELTONA, FL 32738 Parcel ID: 813035090070 Property Owner: FKH SFR PROPCO G L P 1850 PARKWAY PLACE 9FL MARIETTA, GA 30067 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the City of Deltona Page 4 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 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. Corrective Action: You must obtain a permit for fence. Officer Janice Polascik DEL-23-230 Property Address: 2250 E. UNION CIRCLE, DELTONA, FL 32725 Parcel ID: 813008260120 Property Owner: BARRETO C. ANDRE & FERNANDES PAULA 2250 E. UNION CIRCLE DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the shed. Officer Lindsey Longstreet DEL-23-237 Property Address: 1479 E. HANCOCK DRIVE, DELTONA, FL 32725 Parcel ID: 813030190050 Property Owner: City of Deltona Page 5 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 FRAZIER SR. JAMES MICHAEL AND MARIE 1479 E. HANCOCK DRIVE DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the Door or Garage enclosure area. Officer Todd Meade DEL-23-238 CONTINUED Property Address: 887 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 803604010050 Property Owner: LAND TRUST SERVICE CORP TR / TRUST NO 887 DB PO BOX 547945 ORLANDO, FL 32854 Violation: City of Deltona SEC. 38-110 (4) - NUISANCE TREES - Violation: City of Deltona Ordinance, Section 38-110(4), which states that nuisance trees determined to be a public hazard when they exist upon any right-of-way, lot, lots or adjacent lots, as the case may be, in the incorporated area of the city shall be abated in its entirety. Corrective Action: Remove and properly dispose of the trees. Officer Todd Meade DEL-23-239 CONTINUED Property Address: City of Deltona Page 6 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 772 E. NORMANDY BOULEVARD, DELTONA, FL 32725 Parcel ID: 813002270060 Property Owner: DIAZ DANIEL 772 E. NORMANDY BOULEVARD DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for the door and window repair, replace, or removal work. Officer Todd Meade DEL-23-241 WITHDRAWN - BROUGHT INTO COMPLIANCE Property Address: 1369 BAILEY AVENUE, DELTONA, FL 32725 Parcel ID: 813076010130 Property Owner: ARROYO MARY AND ARROYO GILBERT 1369 BAILERY AVENUE DELTONA, FL 32725 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. City of Deltona Page 7 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 Corrective Action: You must obtain a permit for a fence. Officer Bashir Tourkzi DEL-23-242 Property Address: 3775 TRADE STREET, DELTONA, FL 32738 Parcel ID: 813062370030 Property Owner: RODRIGUEZ MARISOL, RIZNER CARL JOSEPH JR. AND RIZNER YVETTE 3775 TRADE STREET, DELTONA, FL 32728 Violation: City of Deltona SEC. 18-5 IPMC 304.6 Exterior Walls - City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.6, which states that all exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Corrective Action: Repair the exterior walls. Officer Tyler Russo DEL-23-243 Property Address: 1055 LYRIC DRIVE, DELTONA, FL 32738 Parcel ID: 813010350040 Property Owner: HACHMEISTER JOSHUA T. 1055 LYRIC DRIVE DELTONA, FL 32728 Violation: SEC. 110-831 TEMPORARY PORTABLE STORAGE UNIT - Violation: City of Deltona Section 110-831 Which states, A temporary portable storage unit is allowed on property solely for the loading, unloading and temporary storage of goods. The maximum time for the temporary portable storage unit to remain on the property shall be 30 consecutive days with a maximum of two occurrences per year per lot, not to run consecutively, may be placed on any paved driveway area, but must be a minimum of five feet from the edge of any City of Deltona Page 8 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 right-of-way and six feet from any side lot line. Corrective Action: Please remove portable storage unit from the property. Officer Tyler Russo DEL-23-245 Property Address: 661 PIEDMONT DRIVE, DELTONA, FL 32725 Parcel ID: 813065060080 Property Owner: IMAS DELTONA LLC 266 ELWOOD AVENUE 923 BUFFALO, NY 14222 Violation: City of Deltona SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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. Corrective Action: You must obtain a permit for a fence. Officer Lindsey Longstreet DEL-23-246 Property Address: 1886 ELKCAM BOULEVARD, DELTONA, FL 32725 Parcel ID: 813015180190 Property Owner: KLECKER GREGORY PO BOX 950134 LAKE MARY, FL 32795 Violation: City of Deltona SEC. 18-5 IPMC 504.1 - DAMAGED PLUMBING - Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the City of Deltona Page 9 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 International Property Maintenance Code, Section 504.1, which states that all plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Corrective Action: Repair or replace damaged plumbing. Officer Nick Lopez FIRE-000010-2023 Property Address: 1001 ALABASTER WAY, DELTONA, FL 32725 Parcel ID: 813078000030 Property Owner: SNR 24 STERLING COURT, OWNER LLC 55 W. 46 STREET, SUITE 2204 NEW YORK, NY 10036 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 101 - Ch 7.9.3.1.1. See attached Fire Inspection Report for detailed information. Corrective Action: Provide current written logs of testing for all emergency lighting systems in the building. Captain / Assistant Fire Marshall Samuel Schaller FIRE-000011-2023 Property Address: 2001 SAXON BOULEVARD, DELTONA, FL 32725 Parcel ID: 813003000110 Property Owner: RACETRAC PETROLEUM INC 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Violation: Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1 - Ch 63.9.2.1. and NFPA 1 Ch. 11.1.8. City of Deltona Page 10 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 See attached Fire Inspection Report for detailed information. Corrective Action: Obtain an operational use permit through City of Deltona for operation of Liquid CO2 system, and pass all required inspections for system, and provide an approved cover plate for the opening inside the electrical panel. Captain / Assistant Fire Marshall Samuel Schaller FIRE-000012-2023 Property Address: 407 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 900111000010 Property Owner: RACETRAC PETROLEUM INC 200 GALLERIA PARKWAY SE SUITE 900 ATLANTA, GA 30339 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1 - Ch 63.9.2.1. See attached Fire Inspection Report for detailed information. Corrective Action: Obtain an operational use permit through City of Deltona for operation of Liquid CO2 system. Captain / Assistant Fire Marshall Samuel Schaller 11. OTHER AND REPEAT BUSINESS: DEL-13-063 CONTINUED Property Address: 990 WINDBROOK DRIVE, DELTONA, FL 32725 Parcel ID: 813012010110 Property Owner: RAMIREZ ARTEMIO 990 WINDBROOK DRIVE DELTONA, FL 32725 Violation: City of Deltona, Section 14-141(c) 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 City of Deltona Page 11 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 cat is brought into the city or acquired, or before the dog or cat reaches six months of age, whichever comes first. Corrective action: Must license the animal(s) within 72 hours. Officer no longer employed by the City. Code Compliance Manager Danny Ron presenting case. Resident was not the owner at the time of the aforementioned Special Magistrate liens. Present property owner purchased the home and inherited the liens. The liens capped out at $10,000.00 on December 9, 2013. The present property owner is requesting the Special Magistrate liens be removed completely, for the animals have not resided at the property since Mr. Ramirez and therefore the violation was not a violation that could have been brought into compliance. DEL-13-064 CONTINUED Property Address: 990 WINDBROOK DRIVE, DELTONA, FL 32725 Parcel ID: 813012010110 Property Owner: RAMIREZ ARTEMIO 990 WINDBROOK DRIVE DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section Sec. 14-201(a) Every person who owns or harbors a dog or cat in the city shall have such dog or cat annually vaccinated against rabies by a licensed veterinarian. Evidence of such vaccination shall consist of a current certificate issued and signed by the veterinarian administering the vaccination. The owner or custodian of any animal required by this section to be inoculated against rabies shall keep a current rabies tag with the year attached to the animal at all times. Corrective action: Must vaccinate against rabies within 72 hours. The Officer with whom initiated the case is no longer employed by the City of Deltona. Code Compliance Manager Danny Ron presenting case. Resident was not the owner at the time of the aforementioned Special Magistrate liens. Present property owner purchased the home and inherited the liens. The liens capped out at $10,000.00 on December 9, 2013. The present property owner is requesting the Special Magistrate liens be removed completely, for the animals have not resided at the property since Mr. Ramirez and therefore the violation City of Deltona Page 12 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 was not a violation that could have been brought into compliance. DEL-23-015 MASSEY Property Address: 716 MOUNTAIN WAY AVENUE, DELTONA, FL 32738 Parcel ID: 813062360360 Property Owner: COLATOSTI ENTERPRISE LLC 13550 VILLAGE PARK DRIVE UNIT 300 ORLANDO FL 32837 Violation: City of Deltona SEC. 18-5 IPMC 302.7 - HOUSING CODE ACC STRUCTURE - 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. Corrective Action: Repair or remove the structure. (Shed) Officer Taylor Soukup / Danny Ron This case DEL-23-015 is being brought forward to have a previous Order Imposing Fine and Lien (MASSEY) recorded on April 28, 2023 Book 8399 Page 4386 amended for this item was recorded with a fine owing of $5300.00 when there was not a fine owing. 13. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Manager in writing at CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd., Deltona, FL 32725 at least 48 hours prior to the meeting at which the person wishes to attend. The City is not permitted to provide the use of human physical City of Deltona Page 13 Printed on 8/23/2023 Special Magistrate Agenda August 23, 2023 assistance to physically handicapped persons in lieu of the construction or use of ramps or other mechanical devices in order to comply with Florida law. If proper accommodations for handicapped access cannot be made at a particular public meeting venue pursuant to a timely written request under Section 286.26 F.S., the City Manager shall change the venue of that meeting to a location where those accommodations can be provided. City of Deltona Page 14 Printed on 8/23/2023

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