Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, October 25, 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 Supervisor Mark Gibson Assistant Building Official Carl Lynch Captain / Assistant Fire Marshal Samuel Schaller Hearing Clerk Vanessa Buck Officer Janice Polascik Officer Lindsey Longstreet Officer Tyler Russo Officer Nick Lopez Officer Todd Mead Officer Steve Braukhoff 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 October 25, 2023 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: Case FIRE-000012-2023 came into compliance and was withdrawn by the City. 8. SWEARING IN OF OFFICERS AND WITNESSES: City of Deltona Page 1 Printed on 11/14/2023 Special Magistrate Minutes October 25, 2023 Special Magistrate Kristin Eick swore in all that were present to testify. 9. OLD BUSINESS: DEL-23-187 MASSEY Property Address: 2742 ELKCAM BOULEVARD, DELTONA, FL 32738 Parcel ID: 813074240360 Property Owner: ELKCAM DELTONA CORP 2813 S. HIAWASSEE ROAD SUITE #104 ORLANDO, FL 32835 Violation: City of Deltona: Violation: SEC. 18-3 ADOPT FL BLDG CODE - NO PERMIT - 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 all work required (Decorative arches and lighting, etc.). Officer Todd Meade The 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 60 days at $50 per day (consistent with prior order) was imposed. The fine will continue to accrue for each day and every day thereafter that there continues to be non-compliance with the City Code. Tushaar Desai was present representing the property owner to testify. Also the tenant Mr. Scorpio was present and testify. DEL-23-214 MASSEY Property Address: 1234 PARKER AVENUE, DELTONA, FL 32725 Parcel ID: 813028110210 Property Owner: ANGOMAS JOSE ORLANDO ORTIZ 2176 VANCE ROAD DELTONA, FL 32728 City of Deltona Page 2 Printed on 11/14/2023 Special Magistrate Minutes October 25, 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 (Roof). Officer Todd Meade The 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 31 days at $50 per day (consistent with prior order) was imposed. The fine will continue to accrue for each day and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-23-228 MASSEY Property Address: 2849 W. HURON DRIVE, DELTONA, FL 32738 Parcel ID: 813032900010 Property Owner: MASON JAMES 2849 W. HURON DRIVE DELTONA, FL 32728 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 (Shed). Officer Janice Polascik City of Deltona Page 3 Printed on 11/14/2023 Special Magistrate Minutes October 25, 2023 The Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1700, representing 34 days at $50 per day (consistent with prior order) was imposed. The fine will continue to accrue for each day and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-23-229 MASSEY Property Address: 3389 VANCOUVER AVENUE, DELTONA, FL 32738 Parcel ID: 813035090070 Property Owner: FKH SFR PROPCO G L P 1850 PARKWAY PL 9FL MARIETTA, GA 30067 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 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 The Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $850, representing 34 days at $25.00 per day (consistent with prior order) was imposed. The fine will continue to accrue for each day and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-23-245 MASSEY Property Address: 661 PIEDMONT DRIVE, DELTONA, FL 32725 Parcel ID: 813003260110 Property Owner: IMAS DELTONA LLC 266 ELMWOOD AVENUE 923 BUFFALO, NY 14222 City of Deltona Page 4 Printed on 11/14/2023 Special Magistrate Minutes October 25, 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 (Fence). Officer Lindsey Longstreet The Magistrate found the Respondent did not correct the violation within the time specified in the prior order. The Special Magistrate waived fines for the initial 30 days from September 23, 2023 to October 21, 2023 due to unforeseen circumstances requiring a survey to be completed prior to obtaining a building permit to comply. A fine is hereby imposed as of October 22, 2023, which shall continue to accrue at a rate of $25 per day until the violation is corrected and full compliance is confirmed by the Code Compliance Officer. FIRE23-011 MASSEY 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: 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. 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 of the electrical panel. Captain / Assistant Fire Marshall Samuel Schaller City of Deltona Page 5 Printed on 11/14/2023 Special Magistrate Minutes October 25, 2023 The case was continued by the City. FIRE23-012 MASSEY 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 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 The case was brought into compliance and withdrawn. 10. NEW BUSINESS: DEL-23-258 Property Address: 1596 CANFIELD TERRACE, DELTONA, FL 32725 Parcel ID: 813055030100 Property Owner: SANDRA L. HUGHES 1596 CANFIELD TERRACE DELTONA, FL 32725 Violation: City of Deltona: Section 38-113 (a), which states it shall be the responsibility of every owner, agent or tenant of improved property in the city to, at all times, maintain those rights-of-ways most nearly abutting their property. These responsibilities shall include removing litter and debris, and cutting the grass and weeds to maintain a neat and trimmed appearance. Corrective action: Removal of all litter and debris, and cutting the grass and weeds to maintain a neat and trimmed appearance, and repair right City of Deltona Page 6 Printed on 11/14/2023 Special Magistrate Minutes October 25, 2023 of way. Officer Nick Lopez Special Magistrate found the Respondent in Violation of the City as charged, that the Respondent correct the Violation no later than 4PM, December 29, 2023, that in the event the Respondent does not comply with the Order, a fine in the amount of $25.00 will be imposed for each day 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 Sandra Paddock was present and did testify. DEL-23-260 Property Address: 1995 BREWSTER DRIVE, DELTONA, FL 32738 Parcel ID: 813053250110 Property Owner: ELI BLANTON JR. & CYNTHIA HADLEY 1995 BREWSTER DRIVE DELTONA, FL 32738 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: Corrective Action: Repair, replace, or maintain in good repair any exterior surfaces (Roof). Officer Lindsey Longstreet Special Magistrate found the Respondent in Violation of the City as charged, that the Respondent correct the Violation no later than 4PM December 29, 2023, that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each day 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-23-261 Property Address: 2900 WINLOCK AVENUE, DELTONA, FL 32738 Parcel ID: 813032890140 Property Owner: SRP SUB LLC City of Deltona Page 7 Printed on 11/14/2023 Special Magistrate Minutes October 25, 2023 1717 MAIN STREET SUITE #2000 DALLAS, TX 75201 Violation: City of Deltona: Violation: Ordinance SEC. 38-110 (B)(2) - DEBRIS - which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. Violation: City of Deltona Ordinance, Section 38-110 (B)(2), which states that accumulations of waste, yard trash, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. Corrective action: Dispose of properly or store inside an enclosed building. Officer Steve Braukhoff The case was continued by the City. DEL-23-263 Property Address: 3248 BUCKLAND STREET, DELTONA, FL 32738 Parcel ID: 813047020080 Property Owner: KATTY PEREZ MATOS 2180 E. OLD MILL DRIVE 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. Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (Roof). Officer Tyler Russo The case was continued by the City. DEL-23-264 Property Address: 186 ROSEDALE DRIVE, DELTONA, FL 32738 City of Deltona Page 8 Printed on 11/14/2023 Special Magistrate Minutes October 25, 2023 Parcel ID: 813059400330 Property Owner: KATTY PEREZ MATOS 2180 E. OLD MILL DRIVE 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. Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (Roof). Officer Tyler Russo The case was continued by the City. 11. OTHER AND REPEAT BUSINESS: 13. ADJOURNMENT: The meeting was adjourned at 6:36 pm. ________________________ Special Magistrate Kristin Eick ________________________ Hearing Clerk Vanessa Buck City of Deltona Page 9 Printed on 11/14/2023