Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, September 27, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:40 pm. 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisors Mark Gibson and Marion Lariscy Hearing Clerk Renée Cairney Lien and Legal Assistant Vanessa Buck Assistant Building Official Carl Lynch Officer Bashir Toukzi Officer Tyler Russo Officer Todd Mead Officer Lindsey Longstreet Officer Janice Polascik 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 August 23, 2023 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: Case DEL-23-230 came into compliance and was withdrawn by the City. 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Kristin Eick swore in all that were present to testify. City of Deltona Page 1 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 9. OLD BUSINESS: DEL-23-085 MASSEY Property Address: 3304 LITTLEFIELD STREET, DELTONA, FL 32738 Parcel ID: 813032430130 Property Owner: STEER WESLEY N. 3304 LITTLEFIELD STREET 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. Corrective Action: Repair or replace the roof, gutters, or drainage. 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 $3200, representing 64 days at $50 per day (consistent with prior Order). Special Magistrate waived the fines in the amount of $3200 to date. Moving forward from today's date September 28, 2023, 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 Wesley N. Steer and son Desley Steer were both present and did testify. DEL-23-184 MASSEY Property Address: 1571 PENDLETON STREET, DELTONA, FL 32725 Parcel ID: 813011230510 Property Owner: TAH MS BORROWER LLC % TRICON AMERICAN HOMES LLC 1508 BROOKHOLLOW DRIVE SANTA ANA, CA 92705 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 City of Deltona Page 2 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 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 Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $3,200, representing 64 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 owner was not present to testify. DEL-23-185 B MASSEY Property Address: 2824 CORRIGAN DRIVE, DELTONA, FL 32738 Parcel ID: 813032780140 Property Owner: MCNAB IVETTE 218 LINDEN BOULEVARD 5G BROOKLYN, NY 11226 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 Pool. Officer Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $2,350, representing 94 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 City of Deltona Page 3 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 owner was not present to testify. DEL-23-217 MASSEY Property Address: 1489 DAROCA DRIVE, DELTONA, FL 32725 Parcel ID: 813072180140 Property Owner: CALLENDER GERALD ST. CLAIR EST. 1260 CROTON LOOP #120 BROOKLYN, FL 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. Corrective Action: Repair, replace, or maintain in good repair any exterior surfaces (roof). Obtain permits if required. Officer Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1,525, 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. Property owner was not present to testify. DEL-23-227 MASSEY Property Address: 2021 APRICOT DRIVE, DELTONA, FL 32725 Parcel ID: 813004140080 Property Owner: SINDELL II TODD L. 2021 APRICOT DRIVE 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. City of Deltona Page 4 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 Corrective Action: Repair or remove the fence and obtain a permit if needed. Officer Lindsey Longstreet Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1,700, representing 64 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 owner was not present to testify. DEL-23-233 MASSEY Property Address: 2114 VAN ORMAN DRIVE, DELTONA, FL 32725 Parcel ID: 813031110260 Property Owner: YEATMAN HOYT H. EST. 2114 VAN ORMAN DRIVE DELTONA, FL 32725 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 fence. Officer Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $825, representing 33 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. DEL-23-234 MASSEY Property Address: 1791 AMERO AVENUE, DELTONA, FL 32725 City of Deltona Page 5 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 Parcel ID: 813065060080 Property Owner: STRICKLAND MARIE FLORENCE PO BOX 5631 DELTONA, FL 32728 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. Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (soffit). Obtain permits if required. Officer Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $825, representing 33 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-23-003 Property Address: 1884 ELKCAM BOULEVARD, DELTONA, FL 32725 Parcel ID: 813015150300 LLC EXPERT CAR CARE 5 189 NEW GATE LOOP LAKE MARY, FL 32746 Violation: City of Deltona Ordinance SEC 110-501- INTERPRETATION OF USES AND STRUCTURES - VIOLATION: CITY OF DELTONA ORDINANCE, SECTION 110-501, WHICH STATES IF A USE OR STRUCTURE IS NOT EXPRESSLY PERMITTED IN ANY CLASSIFICATION, THE ENFORCEMENT OFFICIAL SHALL NOT PERMIT SUCH USE OR STRUCTURE IN THE CLASSIFICATION UNLESS IT IS SUBSTANTIALLY SIMILAR TO A USE OR STRUCTURE OTHERWISE PERMITTED IN THE CLASSIFICATION. City of Deltona Page 6 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 Corrective Action: Cease use of the rental of the U-HAUL trucks and trailers in the C1 zoned property or apply for proper rezoning. Officer Bashir Tourzki Case was continued by Special Magistrate Kristin Eick, to October 25, 2023 Special Magistrate hearing. Property owner James Sada was present and did testify. DEL-23-230 Property Address: 2250 E. UNION CIRCLE, DELTONA, FL 32725 Parcel ID: 813008260120 Property Owner: ANDRE C. BARETTO & PAULA FERNANDES 2250 E. UNION CIRCLE DELTONA, FL 32725 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. Officer Lindsey Longstreet Case DEL-23-230 came into compliance and was withdrawn by the City. DEL-23-244 Property Address: 1878 PROVIDENCE BOULEVARD, DELTONA, FL 32725 Parcel ID: 813015160060 Property Owner: MID STATE RENTALS LLC PO BOX 39805 FORT LAUDERDALE, FL 33339 Violation: City of Deltona Section Section 18-3, adopting the latest edition of the City of Deltona Page 7 Printed on 10/17/2023 Special Magistrate Minutes September 27, 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 concrete work. 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 January 8, 2024 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 Alisa Volkova was present and did testify. DEL-23-247 A & B Property Address: 1752 GATEWOOD DRIVE, DELTONA, FL 32738 Parcel ID: 813073070060 Property Owner: SWAIN ELMA EST 1752 GATEWOOD DRIVE DELTONA, FL 32728 Violation: A City of Deltona Ordinance, Section 18-5 adopting the latest edition of the International Property Maintenance Code, Section 303.1, which states that swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Corrective Action: Pool must be maintained and either drained of water or water must be chemically treated to remove algae, water should be clear water and sanitized. Violation: B City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.7, City of Deltona Page 8 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 which states the roof and flashing shall be sound tight and not have defects that admit rain. Corrective Action: Repair or replace the roof, gutters, or drainage. 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 October 27, 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 (for each violation) 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-23-248 Property Address: 3240 AMBER STREET, DELTONA, FL 32738 Parcel ID: 813032400060 Property Owner: SFR JV-2 2023-1 BORROWER LLC CO: TRICON AMERICAN HOMES LLC 15771 RED HILL AVENUE SUITE 100 TUSTIN, CA 92780-733 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 new fence. 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 October 12, 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 City of Deltona Page 9 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. DEL-23-249 Property Address: 2031 SAXON BOULEVARD, DELTONA, FL 32725 Parcel ID: 802301120090 Property Owner: SAXON PLAZA SHAFFER INVESTMENTS LLC 879 MASON AVENUE DAYTONA BEACH, FL 32117 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 concrete pad and bollards for the ice machine. 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 October 27, 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-23-252 Property Address: 2196 HOWLAND BOULEVARD, DELTONA, FL 32738 Parcel ID: 811401000030 Property Owner: CIRCLE K, CIRCLE K STORES INC, CO: REAL ESTATE DEPARTMENT PO BOX 5205 DC-17 PHOENIX, AZ 85072-2085 City of Deltona Page 10 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 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 (Interior Wall). 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 October 27, 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-23-253 Property Address: 1682 PROVIDENCE BOULEVARD, DELTONA, FL 32725 Parcel ID: 813014070620 Property Owner: LITTL CAESARS: LUIS G. & AURA D. MEJIA PO BOX 953933 LAKE MARY, FL 32795 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. Corrective Action: Repair causing the hazardous condition. (rear of building) Officer Bashir Tourkzi City of Deltona Page 11 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM October 27, 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-23-254 Property Address: 693 COLCHESTER AVENUE, DELTONA, FL 32738 Parcel ID: 813062300050 Property Owner: IDALIA A. MONGE, MORENA APONTE & JOSE ENRIQUE APONTE 693 COLCHESTER AVENUE, DELTONA, FL 32728 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. Corrective Action: Repair, replace, or maintain in good repair any exterior surfaces (roof). Obtain permits if required. 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 January 8, 2024 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's daughter Idalia A. Monge was present and did testify on behalf of her parents. DEL-23-256 Property Address: 990 HUGO CIRCLE, DELTONA, FL 32738 Parcel ID: 813040400140 Property Owner: ZARILLA ROSADO MANDES 990 HUGO CIRCLE DELTONA, FL 32728 Violation: City of Deltona Page 12 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 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. Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (roof). 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 January 8, 2024 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 Zarilla Rosado Mandes and Kiara Mandes (daughter to property owner) were present and did testify. FIRE23-013 Property Address: 1200 DELTONA BOULEVARD SUITE #50, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 1, 1.7.12.8 & NFPA 101 Ch. 14.3.4.1.1. See attached Fire Inspection Report for detailed information. Corrective Action: Cease & Desist utilization of space as educational occupancy OR obtain change of occupancy permit & pass all required final inspections. Install fire alarm system in accordance with NFPA 1 Ch. 13 & 2016 NFPA 72, or extend existing fire alarm system to provide initiation & notification within suite. 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 of NFPA 1, Ch. 1, 1.7.12.8 & NFPA 101 Ch. City of Deltona Page 13 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 14.3.4.1.1 no later than 4PM November 30, 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 Captain with this order. Property owner representative Mr. Michael Mather was present and did testify. FIRE23-014 Property Address: 1200 DELTONA BOULEVARD SUITE #51, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 1, 1.7.12.8 & NFPA 101 Ch. 14.3.4.1.1. See attached Fire Inspection Report for detailed information. Corrective Action: Cease & Desist utilization of space as educational occupancy OR obtain change of occupancy permit & pass all required final inspections. Install fire alarm system in accordance with NFPA 1 Ch. 13 & 2016 NFPA 72, or extend existing fire alarm system to provide initiation & notification within suite. 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 of NFPA 1, Ch. 1, 1.7.12.8 & NFPA 101 Ch. 14.3.4.1.1 no later than 4PM November 30, 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 Captain with this order. Property owner representative Mr. Michael Mather was present and did testify. FIRE23-015 Property Address: 1200 DELTONA BOULEVARD SUITE #52-56, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA WELLNESS LP 17 COPPERBEECH LANE City of Deltona Page 14 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 LAWRENCE, NY 11559 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 10.8.1, Ch. 13.1.1, Ch. 11.1.5.6, Ch. 1.7.12.10, Ch 1.7.12.8, NFPA 101 Ch. 7.9.2.1. See attached Fire Inspection Report for detailed information. Corrective Action: Provide a copy of 2023 emergency action plan to the Fire Safety Division for approval, obtain permit for installation of additional fire alarm devices within suite 56, discontinue use of extension cords for permanent wiring, repair emergency lighting fixture in suite 54, obtain building permit for installation of fire-rated door between suites 55 & 56. Cease & Desist utilization of suite 56 as educational occupancy OR obtain change of occupancy permit & pass all required final inspections. 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 of NFPA 101, Ch. 1, 1.7.12.8 & Ch. 1.7.12.10 & Ch. 13.1.1, and NFPA 101 Ch. 7.9.2.1, no later than 4PM November 30, 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 Captain with this order. Property owner representative Mr. Michael Mather was present and did testify. FIRE23-016 Property Address: 1200 DELTONA BOULEVARD SUITE #57-58, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 101, Ch. 39.3.2.1, Ch. 6.1.14.4.1, NFPA 1 Ch. 11.1.2.1 See attached Fire Inspection Report for detailed information. Corrective Action: Obtain permit or provide approved design detail for repairs conducted to the fire-rated wall for the boiler room. Repair City of Deltona Page 15 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 electrical junction box inside of Suite 58. Obtain permit to upgrade wall between suite 58 & 59 to 2 hour fire-rated wall, or provide documentation that existing wall contains a minimum of 2 hour fire rating, and provide design detail for repairs made to wall between suite 58 & 59. 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 of NFPA 101, Ch. 39.3.2.1, Ch. 6.1.14.4.1, no later than 4PM November 30, 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 Captain with this order. Property owner representative Michael Mather and tenant Raphael Rodriguez were present and both parties did testify. FIRE23-017 Property Address: 819 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 813022380020 Property Owner: CIRCLE K STORES INC. REAL ESTATE DEPARTMENT PO BOX 52085 DC-17 PHOENIX, AZ 85072 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, and pass all required inspections for 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 of NFPA 1, Ch. 63.9.2.1, no later than 4PM October 27, 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 Captain with this order. Property owner was not present to testify. City of Deltona Page 16 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 FIRE23-018 Property Address: 2820 DOYLE ROAD UNIT #12, DELTONA, FL 32738 Parcel ID: 911104000010 Property Owner: JDH PROPERTIES INC. 2845 ENTERPRISE ROAD SUITE #107A DEBARY, FL 32713 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 7th Edition, NFPA 1 – Ch. 11.1.7.3.1, Ch. 4.1.3.2.2.5, Ch. 13.1.1, Ch 13.1.6, Ch. 11.1.2.3, Ch. 11.1.8, Ch. 12.3.3.2, NFPA 101 Ch. 37.2.9, Ch. 7.9.2.1 See attached Fire Inspection Report for detailed information. Corrective Action: Identify on electrical panel which breakers serve the emergency lighting & properly identify/label all circuit breakers on all electrical panels. Provide functional emergency lighting to remainder of building, where it is not already installed, including both restrooms. Provide identification signage on door leading to electrical room, obtain building permit for installation of fire alarm cellular communicator & pass all required inspections, provide a copy of the September 2022 annual fire alarm inspection/maintenance report, mark remainder of unused electrical panels & wiring as “Abandoned in place,” provide approved cover places for all open electrical boxes & receptacles, repair holes in all drywall throughout building, repair non-functional emergency lighting in center of store. 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 of , NFPA 1 Ch 13.1.6, Ch. 13.1.1 and NFPA 101 Ch. 37.2.9, no later than 4PM October 27, 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 (for each violation) will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Captain to verify compliance with this order. Property owner Donna Houseworth was present and did testify. 11. OTHER AND REPEAT BUSINESS: DEL-13-064 Property Address: City of Deltona Page 17 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 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 was not a violation that could have been brought into compliance. Special Magistrate heard the request for a lien reduction in the amount owed. Recommendation made was to reduce the lien amount to $1000. This was only recommendation by the Special Magistrate and it is noted this request must go before a Regular City Commission meeting. The request is being arrange to be presented at the October 16, 2023 City Commission meeting. Property owner Mr. Artemio Ramirez and Ms. Vianey Ramierz were present and did testify. DEL-13-063 Property Address: 990 WINDBROOK DRIVE, DELTONA, FL 32725 Parcel ID: 813012010110 Property Owner: RAMIREZ ARTEMIO 990 WINDBROOK DRIVE City of Deltona Page 18 Printed on 10/17/2023 Special Magistrate Minutes September 27, 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. Special Magistrate heard the request for a lien reduction in the amount owed. Recommendation made was to reduce the lien amount to $1000. This was only recommendation by the Special Magistrate and it is noted this request must go before a Regular City Commission meeting. The request is being arrange to be presented at the October 16, 2023 City Commission meeting. Property owner Mr. Artemio Ramirez and Ms. Vianey Ramierz were present and did testify. DEL-22-211 MASSEY Property Address: 1567 LAVILLA STREET, DELTONA, FL 32725 Parcel ID: 813014100120 Property Owner: BAF ASSETS 3 LLC 5001 PLAZA ON THE LAKE SUITE #200 AUSTIN, TX 78746 Violation: City of Deltona 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 City of Deltona Page 19 Printed on 10/17/2023 Special Magistrate Minutes September 27, 2023 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 (CONCRETE WORK). Officer Todd Meade A written request for reduction of lien DEL-22-211 has been received by Code Compliance from Mainstreet Renewal (management company) for the aforementioned property, owned by BAF ASSTS 3 LLC. Reduce the Special Magistrate DEL-22-211 fine from the amount of $19350.00 to $4500.00. Special Magistrate heard the request for a lien reduction in the amount owed. Recommendation made was to reduce the lien amount to $4500. This was only recommendation by the Special Magistrate and it is noted this request must go before a Regular City Commission meeting. The request is being arrange to be presented at the October 16, 2023 City Commission meeting. Mr. Shane Hidle Construction Supervisor with Mainstreet Renewal was present via Zoom, as representation for the property and did testify. 13. ADJOURNMENT: The meeting was adjourned at 9:16 pm. ________________________ Special Magistrate Kristin Eick ________________________ Hearing Clerk Renée Cairney City of Deltona Page 20 Printed on 10/17/2023