Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, November 29, 2023 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:35 pm 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisors Mark Gibson and Marion Lariscy Hearing Clerk Vanessa Buck Administrative Supervisor Code Compliance Renée Cairney Assistant Fire Marshal Samuel Schaller Fire Marshal Sharon Shivers Officer Jeff Scott Officer Josymar Jimenez Officer Nelson Nieves Officer Tyler Russo Officer Larry Sparling Officer Bashir Tourkzi Officer Nick Lopez Officer Todd Mead Officer Kristen Coulter 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: City of Deltona Page 1 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Case DEL-23-253 1682 Providence Boulevard - In compliance Case DEL-23-266 Violation A & B - 2542 Delaware - In compliance Case DEL-23-272 Violation A & C - 1369 Woodbine Avenue - In compliance Case DEL-23-273 Violation A & B - 1101 E. Normandy Boulevard - In compliance 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Kristin Eick swore in all that were present to testify. 9. OLD BUSINESS: DEL-23-035 MASSEY Property Address: 1382 HOWLAND BOULEVARD, DELTONA, FL 32738 Parcel ID: 813038000080 Property Owner: SAV-A-LOT, EGE HOLDINGS LLC 5700 PEMBROKE ROAD WEST PARK, FL 33023 Violation: A Ordinance of the 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 wall/door as per for inspection report. VIOLATION B: Ordinance of the City of Deltona: Section 18-3, adopting the latest City of Deltona Page 2 Printed on 12/14/2023 Special Magistrate Minutes November 29, 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 (plumbing for pedicure chairs). VIOLATION C: Ordinance of the 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 (Electrical for pedicure chairs). VIOLATION D: Ordinance of the 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. City of Deltona Page 3 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Corrective action: You must obtain a permit (Mechanical for air ducts for pedicure chairs). Officer: Bashir Tourkzi Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $12,500 representing 100 days at $125 per day (consistent with prior Order). The fine will not be imposed if the violation is corrected by 4PM, December 13, 2023, in the event that the property is not in compliance by that date, the fine will continue to accrue as per the prior Order for each and every day thereafter that there continues to be non-compliance with the City Code. Property manager JodyLee was present and did testify. DEL-23-134 MASSEY Property Address: 1507 CATALINA BOULEVARD, DELTONA, FL 32725 Parcel ID: 810900000079 Property Owner: ARAVIOUS ARMSTRONG 1813 TANGERINE AVENUE SANFORD, FL 32771 Violation: Ordinance of the City of Deltona: Section 98-26-Removal of trees-It shall be unlawful for any person to cut, move, remove or destroy through damaging or to authorize the same, of any tree, as defined herein, without obtaining a tree removal development permit (tree permit) in accordance with the provisions of this article. Corrective action: Restitution to the tree mitigation fund to be determined by the City of planting of trees to replace ones that were removed. Officer: Bashir Tourkzi Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $12,500, representing 125 days at $100 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-23-198 MASSEY Property Address: City of Deltona Page 4 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 1049 E. NORMANDY BOULEVARD, DELTONA, FL 32725 Parcel ID: 813005130010 Property Owner: DELTONA WOMANS CLUB INC. PO BOX 5361 DELTONA, FL 32728-5361 Violation: A Ordinance of the City of Deltona: Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Corrective action: Repair or replace damaged exterior surface(s). VIOLATION B: Ordinance of the City of Deltona: 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. VIOLATION C: Ordinance of the City of Deltona: 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: Jeff Scott City of Deltona Page 5 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $17,150 representing 98 days at $175 per day (consistent with prior Order). The fine will not be imposed if the violation is corrected by 4PM, January 28, 2024, in the event that the property is not in compliance by that date, the fine will continue to accrue as per the prior Order for each and every day thereafter that there continues to be non-compliance with the City Code. Attorney Mr. George Travado representing the property owner was present and testified. DEL-23-249 MASSEY 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: Ordinance of the 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 the concrete pad and bollards for the ice machine. 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 $500, representing 20 days at $25 per day (consistent with prior Order). The Respondent brought the violation into compliance on November 16, 2023. The fine will be reduced to $250.00. Property owner was not present to testify. DEL-23-252 MASSEY Property Address: City of Deltona Page 6 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 2196 HOWLAND BOULEVARD, DELTONA, FL 32738 Parcel ID: 811401000030 Property Owner: CIRCLE K, CIRCLE K STORES INC, CO: REAL ESTATE DEPARTMENT PO BOX 52085 DC-17 PHOENIX, AZ 85072-2085 Violation: Ordinance of the 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 (Interior Wall). Officer Bashir Tourkzi Special 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 35 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. Mr. Lee Murrah who is employed with CPH Engineering, was present and did testify. DEL-23-253 MASSEY Property Address: 1682 PROVIDENCE BOULEVARD, DELTONA, FL 32738 Parcel ID: 813014070620 Property Owner: LITTLE CAESARS: LUIS G. & AURA D.MEJIA PO BOX 953933 LAKE MARY, FL 32795 Violation: Ordinance of the City of Deltona: Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 302.3 City of Deltona Page 7 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 (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 concrete causing the hazardous condition (Rear of building). Officer Bashir Tourkzi Case DEL-23-253 MASSEY came into compliance and was withdrawn by the City. 10. NEW BUSINESS: DEL-23-232 Property Address: 1258 E FOWLER DRIVE DELTONA, FL. 32725 Parcel ID: 813010190430 Property Owner: HPA III ACQUISITIONS 1 LLC 120 S RIVERSIDE PLZ SUITE #2000 CHICAGO, IL 60606 Violation: B Ordinance of the 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 the pipes/plumbing. Violation: C Ordinance of the 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 City of Deltona Page 8 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 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 (Addition/room). Violation: D Ordinance of the 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 the shed. Officer Kristen Coulter Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM 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 total amount of $150 ($50 for each violation B, C & D) 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-23-265 Property Address: 801 CHIPPENDALE STREET, DELTONA, FL 32725 Parcel ID: 813024020040 Property Owner: CORTEX JERITZA & GARCIA MISAEL ISAI MOTA 801 CHIPPENDALE STREET DELTONA, FL 32725 City of Deltona Page 9 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Violation: A Ordinance of the 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 shed. Officer Larry Sparling Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM January 10, 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. Tenant Miguel Garibaldi was present and did testify. DEL-23-266 Property Address: 2542 DELAWARE ROAD, DELTONA, FL 32738 Parcel ID: 813074610140 Property Owner: BURKHART NATURE L. 2542 DELAWARE ROAD DELTONA, FL 32738 Violation: A Ordinance of the City of Deltona: Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Corrective action: City of Deltona Page 10 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Repair or replace damaged/missing window and remove boards. Violation: B Ordinance of the City of Deltona: 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 fence. Officer Nick Lopez Case DEL-23-266 came into compliance and was withdrawn by the City. DEL-23-267 Property Address: 1067 N. GAUCHO CIRCLE, DELTONA, FL32725 Parcel ID: 813010160270 Property Owner: SHIRLEY MORGAN 1067 N. GAUCHO CIRCLE DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section 14-166 (b) A dog is deemed dangerous if according to code enforcement/sheriff records and the definition under section 14-1—Dangerous dogs, it has; aggressively bitten, attacked or endangered, or has inflicted severe injury (any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery on any human being, or domestic animal lawfully on public or private property; If a dog is the subject of a dangerous dog investigation, the officer shall if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with an animal shelter, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending City of Deltona Page 11 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides will be provided to the sheriff. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings. In the event that a dog is to be destroyed, the dog shall not be relocated, or ownership transferred. Officer Larry Sparling In the matter regarding the dog belonging to Ms. Shirley Morgan, the Special Magistrate, after hearing testimony presented by Animal Services Division, Code Compliance Officer Larry Sparling, Ms. Shirley Morgan owner of the dog, the dog owners witnesses Sharon King, Michael King, Libby Mullins and Isabelle Johnson. The victim Karen Bartaway and Ms. Shirley Morgan's immediate neighbors Adam and Stacey Hanley gave testimony, the Special Magistrate found that there is sufficient cause to classify the above described dog as dangerous and therefore upholds the initial determination, dog owners will have to follow the rules made by the City's Animal Control Authority. DEL-23-268 Property Address: 345 DRAKE COURT, DELTONA, FL 32725 Parcel ID: 813010240450 Property Owner: 1948 SAXON BOULEVARD DELTONA, FL 32725 Violation: A Ordinance of the 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 (Concrete Work/ Pads). City of Deltona Page 12 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Violation: B Ordinance of the 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 (A/C, electrical). Violation: C Ordinance of the 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 (Addition/room). 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 February 27, 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 $75 ($25 for each violation A, B & C) 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 Hector Lester Carrero and Contractor Mr. Ruben Munoz were present and testified. DEL-23-269 Property Address: 121 HOWLAND BOULEVARD, UNIT #101B DELTONA, FL 32738 City of Deltona Page 13 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Parcel ID: 920604000030 Property Owner: SCARPELLO DEVELOPMENT LLC 1622 KEY BAT TRAIL KISSIMMEE, FL 34747 Violation: Ordinance of the City of Deltona: Chapter 22, Section 22-4, which states no person shall engage in, manage, transact, or carry on any business, occupation or profession within the City for which there is a local business tax required by this article or any other provisions of this Code unless such person shall first procure a local business receipt ("receipt") to conduct the same from the City. It shall be no defense of nonpayment of any local business tax required by this article that the licensee did not receive any bill or notice that the same was due from the city. Corrective action: Obtain business tax license/receipt or cease all business operations. Officer Tyler Russo Special Magistrate has ordered a one time fine of $250 per AGO 96-72 Section 205.053 FL. Statute. No one was present to testify. The case originally started 188 days ago on May 25, 2023. DEL-23-270 Property Address: 1668 W. WAYCROSS CIRCLE, DELTONA, FL 32725 Parcel ID: 813055290110 Property Owner: JESSE GONZALEZ 1301 NADINE DRIVE DELTONA, FL 32725 Violation: A Ordinance of the City of Deltona: Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. City of Deltona Page 14 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (roof). Obtain permits if required. Violation: B Ordinance of the City of Deltona: Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 305.3, which states interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Corrective action: Repair and or replace interior surfaces (Ceiling). Officer Josymar Jimenez Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM January 28, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the total amount of $100 ($50 for each case A & B) 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-23-272 Property Address: 1369 WOODBINE AVENUE, DELTONA, FL 32725 Parcel ID: 813007750060 Property Owner: FREDDY DYER 1369 WOODBINE AVENUE DELTONA, FL 32725 Violation: A Ordinance of the City of Deltona: 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. City of Deltona Page 15 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 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 Ordinance of the City of Deltona: 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 (Fence). Violation: D Ordinance of the City of Deltona: Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 305.3, which states interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. Corrective action: Repair and or replace interior surfaces. Officer Nelson Nieves Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM January 28, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the total amount of $50 ($25 per each violation B & D) 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 Freddy Dyer was present and testified. DEL-23-273 Property Address: City of Deltona Page 16 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 1101 E. NORMANDY BOULEVARD, DELTONA, FL 32725 Parcel ID: 813005640330 Property Owner: HUANG YAN QIU 4821 GRASSENDALE TERRACE SANFORD, FL 32771 Violation: A Ordinance of the City of Deltona: 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). Violation: B Ordinance of the City of Deltona: 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 and paint with a proper treatment. Officer Todd Meade Case DEL-23-273 came into compliance and was withdrawn by the City. DEL-23-274 Property Address: 1571 TIVOLI DRIVE, DELTONA, FL 32725 Parcel ID: 813072020070 Property Owner: FERNANDO AMANDA 120 GADWALL COURT DAYTONA BEACH, FL 32119 City of Deltona Page 17 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Violation: Ordinance of the City of Deltona: 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 (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 , January 28, 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 father Mr. Fernando was present and did testify. DEL-23-275 Property Address: 1596 CANFIELD TERRACE, DELTONA, FL 32725 Parcel ID: 813055030100 Property Owner: HUGHES SANDRA L 1596 CANFIELD TERRACE DELTONA, FL 32725 Violation: Ordinance of the City of Deltona: 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 fence. Officer Nick Lopez Special Magistrate found the Respondent in violation of the City Code as charged, that the City of Deltona Page 18 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Respondent correct the violation no later than 4PM January 13, 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 Sandra Paddock was present and did testify. DEL-23-276 Property Address: 1200 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA PLAZA DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: Ordinance of the City of Deltona: 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 and painted with a proper treatment. 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 January 28, 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. Mr. Michael Mather property owner representative was present and did testify. DEL-23-277 Property Address: 1200 DELTONA BOULEVARD SUITE #59-60, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA PLAZA DELTONA WELLNESS LP City of Deltona Page 19 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: Ordinance of the 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 the Door Replacement. 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 January 28, 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. Mr. Michael Mather property owner representative was present and did testify. DEL-23-278 Property Address: 1200 DELTONA BOULEVARD SUITE #56, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA PLAZA DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: Ordinance of the 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 City of Deltona Page 20 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 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 Fire Wall. Officer Todd Meade Case DEL-23-278 was continued by the City to January 24, 2024 Special Magistrate hearing. DEL-23-279 Property Address: 1200 DELTONA BOULEVARD SUITE #29, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA PLAZA DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 Violation: A Ordinance of the 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 the Change in Occupancy. Violation: B 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 City of Deltona Page 21 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 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 demolition of interior wall. 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 January 28, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the total amount of $50 ($25 per each violation A & B) 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. Mr. Michael Mather property owner representative was present and did testify. FIRE23-020 Property Address: 261 FORT SMITH BOULEVARD, DELTONA, FL 32738 Parcel ID: 813042250180 Property Owner: FAMILY REALTY RENTALS LLC 1416 MCGREGOR RD DELAND, FL 32720 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 1.7.12.8 & Ch. 1.7.12.10. Corrective action: Cease & Desist utilization of space as assembly occupancy OR obtain change of occupancy permit & pass all required final inspections. Obtain building permit for construction of new interior walls and removal of existing interior walls. 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. 1.7.12.8 7 Ch. 1.7.12.10, no later than City of Deltona Page 22 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 4PM January 13, 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 $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 Michael was present and did testify. FIRE23-023 Property Address: 55 COURTLAND BOULEVARD, DELTONA, FL 32738 Parcel ID: 813060000030 Property Owner: DOLLAR TREE STORES INC 500 VOLVO PKWY 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. 1.7.12.8, see attached Fire Inspection Report for detailed information. Corrective action: Obtain building permit for the installation of wireless cellular fire alarm communicator. 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. 1.7.12.8, no later than 4PM January 13, 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 Captain with this order. Attorney, Mr. Austin Palombizio representation for Family Dollar Stores Inc., testified via Teams. FIRE23-024 Property Address: 766 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 813022410050 Property Owner: DBK INVESTMENT INC. 680 W LORRAINE DRIVE DELTONA, FL 32725 City of Deltona Page 23 Printed on 12/14/2023 Special Magistrate Minutes November 29, 2023 Violation: City of Deltona: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 7th Edition, NFPA 1, Ch. 1.7.12.8 & Ch. 11.1.8. NFPA 101 Ch. 42.2.9 & Ch. 42.2.10. Corrective action: Cease & Desist utilization of space as storage occupancy OR obtain change of occupancy permit & pass all required final inspections. Install emergency lighting and illuminated exit signage throughout space by licensed electrician with building permit issued by City of Deltona. Provide covers for all open electrical boxes. 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. 1.7.12.8. & Ch. 11.1.8. NFPA 101 Ch. 42.2.9 & Ch. 42.2.10., no later than 4PM January 28, 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 $100 ($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 with this order. Mr. Brian Mahoney, Director of Construcation with DBK Investments Inc., was present and did testify. 11. OTHER AND REPEAT BUSINESS: 13. ADJOURNMENT: The meeting was adjourned at 9:14 pm. ________________________ Special Magistrate Kristin Eick ________________________ Hearing Clerk Renée Cairney City of Deltona Page 24 Printed on 12/14/2023