Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, January 24, 2024 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 Code Compliance Supervisor Marion Lariscy Recording Secretary Renée Cairney Liens / Legal Assistant Vanessa Buck Fire Marshal Sharon Shivers Assistant Fire Marshal Samuel Schaller Officer Jeff Scott Officer Janice Polascik Officer Lindsey Longstreet Officer Tyler Russo Officer Todd Mead Officer Bashir Tourkzi 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. 7. ANNOUNCEMENTS: DEL-24-003 757 Shafton Avenue - Withdrawn by City - In compliance DEL-24-005 2956 Winlock Avenue - Withdrawn by City - In compliance DEL-24-007 2671 Delaware Road - Withdrawn by City - In compliance DEL-24-009 2310 Howland Boulevard (A, B & C) - Withdrawn by City - In compliance DEL-24-011 295 Maguire Street - Withdrawn by City - In compliance FIRE-24-002 1646 Providence Boulevard - Withdrawn by City - In compliance FIRE-24-005 915 Doyle Road - Withdrawn by City - In compliance City of Deltona Page 1 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 8. SWEARING IN OF OFFICERS AND WITNESSES: Special Magistrate Kristin Eick swore in all that were present to testify. 9. OLD BUSINESS: 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: 6. APPROVAL OF AGENDA & MINUTES: The Agenda of the Special Magistrate Hearing for November 29, 2023 were approved by the Special Magistrate Kristin Eick. A. DEL-23-214 AMENDED MASSEY Property Address: 1234 PARKER AVENUE, DELTONA, FL 32725 Parcel ID: 813028110210 Property Owner: ANGOMAS JOSE ORLANDO ORTIZ 2176 VANCE ROAD DELTONA, FL 32738 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). Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer Bashir Tourkzi City of Deltona Page 2 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Special Magistrate recommended the case be brought before the City Commission for approval to amend an order previously recorded by Special Magistrate. B. DEL-23-232 MASSEY (B, C & D) Property Address: 1258 E. FOWLER DRIVE, DELTONA, FL 32725 Parcel ID: 813010190430 Property Owner: HPA III ACQUISITIONS 1 LLC 120 S. RIVERSIDE PLZ STE. #2000 CHICAGO, IL 60606 Violation: B 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 pipes/plumbing. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Violation: C City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. City of Deltona Page 3 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Corrective Action: You must obtain a permit for the addition. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Violation: D City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the shed. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer Kristen Coulter Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $2,250 representing 15 days at $50 for each violation B,C & D ($150 combined) 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. C. DEL-23-237 MASSEY Property Address: 1479 E. HANCOCK DRIVE, DELTONA, FL 32725 Parcel ID: 813030190050 Property Owner: City of Deltona Page 4 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 JAMES MICHAEL FRAZIER SR. AND MARIE FRAZIER 1479 E. HANCOCK 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 the Door or Garage enclosure area, Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. 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 $1600, representing 64 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. D. DEL-23-247 MASSEY (A & B) Property Address: 1752 GATEWOOD DRIVE, DELTONA, FL 32738 Parcel ID: 813073070060 Property Owner: ELMA SWAIN EST. 1752 GATEWOOD DRIVE DELTONA, FL 32738 City of Deltona Page 5 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 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, 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 $3,200 representing 64 days at $25 for each violation A & B ($50 combined) 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. E. DEL-23-260 MASSEY Property Address: 1995 BREWSTER DRIVE, DELTONA, FL 32738 Parcel ID: 813065060080 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 City of Deltona Page 6 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 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 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 $1,350, representing 27 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. F. FIRE-23-013 MASSEY 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: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. th Florida Fire Prevention Code 7 Edition, NFPA 1, Ch. 1, 1.7.12.5 & 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 Marshal Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $2750, representing 55 days at $50 per City of Deltona Page 7 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 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. Michael Mather was present and did testify. G. FIRE-23-014 MASSEY 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: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. th Florida Fire Prevention Code 7 Edition, NFPA 1, Ch. 1, 1.7.12.5 & 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 Marshal Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $2750, representing 55 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. Michael Mather was present and did testify. H. FIRE-23-015 MASSEY Property Address: 1200 DELTONA BOULEVARD SUITE #52 - #56, DELTONA, FL 32725 Parcel ID: 813006000020 Property Owner: DELTONA WELLNESS LP 17 COPPERBEECH LANE LAWRENCE, NY 11559 City of Deltona Page 8 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. th Florida Fire Prevention Code 7 Edition, NFPA 1, Ch. 10.8.1, Ch. 13.1.1, Ch. 11.1.5.6, Ch. 1.7.12.10, Ch 1.7.12.5, 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 Marshal Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $5500, representing 55 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. Michael Mather was present and did testify. I. FIRE-23-016 MASSEY 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: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. th Florida Fire Prevention Code 7 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 electrical junction box City of Deltona Page 9 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 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 Marshal Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $2750, representing 55 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. Mr.Ruben Munoz represented the business owner and was present to testify. 10. NEW BUSINESS: A. DEL-23-238 Property Address: 887 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 803604010050 Property Owner: LAND TRUST SERVICE CORP TR TRUST NO 887 DB TR PO BOX 547945 ORLANDO, FL 32854 Violation: City of Deltona Ordinance section 38-110(a), which states that the City of Deltona prohibits the existence of any nuisance as defined herein for the following reasons: The property is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property. Corrective Action: Remove and properly dispose of the tree. 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 February 23, 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 Code Compliance City of Deltona Page 10 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Officer to verify compliance with this order. Property owner was not present to testify. B. DEL-24-001 Property Address: 1500 CATALINA BOULEVARD, DELTONA, FL 32725 Parcel ID: 810900000091 Property Owner: MICHAEL WILLIAM RITTER 11504 OLD MT, PLEASANT ROAD NE CUMBERLAND, MD 21502 Violation: City of Deltona Ordinance, 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). Officer Kristen Coulter Case was continued by the City to Special Magistrate hearing February 28, 2024. C. DEL-24-002 MASSEY (A & B) Property Address: 1627 SAXON BOULEVARD, DELTONA, FL 32725 Parcel ID: 813009130240 Property Owner: LUCILLE MARCEAU EST. 1627 SAXON BOULEVARD DELTONA, FL 32725-5583 Violation: A City of Deltona Ordinance, 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 City of Deltona Page 11 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 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) soffit and roof area. Violation: B Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 504.1, which states that all plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Corrective Action: REPAIR OR REPLACE DAMAGED PLUMBING, septic tank repair replace with proper Permits applied. 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 February 23, 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 for violation A and $150 for violation B, ($175 combined) will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. D. DEL-24-003 Property Address: 757 SHAFTON AVENUE, DELTONA, FL 32738 Parcel ID: 813042020050 Property Owner: TYLER J. BLOUNT 757 SHAFTON AVENUE DELTONA, FL 32728 City of Deltona Page 12 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Violation: City of Deltona Ordinance, 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. Officer Tyler Russo Case was withdrawn by the City - In compliance. E. DEL-24-004 (A & B) Property Address: 1139 HUMPHREY BOULEVARD, DELTONA, FL 32738 Parcel ID: 813044020060 Property Owner: HUGH H. C. HARVEY TR. & HARVEY TRUST DATED 4-20-21 & HARVEY TRUST DATED 4-20-21 AND SONIA A. HARVEY TR. 1139 HUMPHREY BOULEVARD DELTONA, FL 32738 Violation: A City of Deltona Ordinance, 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 Garage Door City of Deltona Page 13 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Violation: B City of Deltona Ordinance, Section 18-5,adopting the latest edition of the International Property Maintenance Code, Section 304.3,which states that all buildings will have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Corrective Action: Properly display the address number on the front of the building, or to a separate structure (mailbox, post, wall, fence, etc.) in front of the building; numbers shall be Arabic and shall not be less than four inches in height and one-half inch in width. 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 February 23, 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 for each violation A & B ($50 combined) will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. F. DEL-24-005 Property Address: 2956 WINLOCK AVENUE, DELTONA, FL 32738 Parcel ID: 81303290110 Property Owner: MICHAEL SARVIS 2956 WINLOCK AVENUE DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 66-57, which states that no person in charge or control of any property in the city, whether public or private property, whether as owner, tenant, occupant or otherwise shall allow any wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles to remain in City of Deltona Page 14 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 such property longer than five days, unless such vehicle is located in a fully enclosed (or capable of being fully enclosed) building such as a garage or shed. For purposes of this section, a carport does not constitute an enclosed building. Corrective Action: Remove, repair, have current tag on vehicle, or put inside fully enclosed structure. Officer Janice Polascik Case was withdrawn by the City - In compliance. G. DEL-24-007 Property Address: 2671 DELAWARE ROAD, DELTONA, FL 32725 Parcel ID: 813074570110 Property Owner: RICHARD C. JOHNSON & MARY K. LESLIE 5651 S. ATLANTIC AVENUE NEW SMYRNA BEACH, FL 32169-4605 Violation: City of Deltona Ordinance, Section 66-18(h), "Restrictions on trucks and other vehicles" which states a maximum of two (2) vehicles may be parked in side or rear yards. Corrective Action: Reduce the number of vehicles in the side or rear yard to a maximum of two (2) vehicles. Officer Janice Polascik Case was withdrawn by the City - In compliance. H. DEL-24-008 Property Address: 2695 COLLINGSWOOD DRIVE, DELTONA, FL 32738 Parcel ID: 813032750180 Property Owner: RICARDO CORTES-RIVERA & AMELIA CANCEL City of Deltona Page 15 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 2695 COLLINGSWOOD DRIVE DELTONA, FL 32728 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Corrective Action: Repair or remove the entire fence. Officer Steve Braukhoff Case was continued by the City to Special Magistrate hearing February 28, 2024. I. DEL-24-009 (A & B) Property Address: 2310 HOWLAND BOULEVARD, DELTONA, FL 32738 Parcel ID: 811400000052 Property Owner: PETER PRAGER 460 S. ELLIOT STREET SANFORD, FL 32771 Violation: A City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the Shed. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. City of Deltona Page 16 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Violation: B 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 A/C system. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer Bashir Tourkzi Case was withdrawn by the City - In compliance. J. DEL-24-010 Property Address: 122 HUMMINGBIRD STREET, DELTONA, FL 32725 Parcel ID: 803605070130 Property Owner: ROBERTO AD RODRIGUEZ AGUILAR JR. 1282 W. PORTILLO DRIVE DELTONA, FL 32725-6630 Violation: City of Deltona Ordinance, Section 18-5,adopting the latest edition of the International Property Maintenance Code, Section 304.3,which states that all buildings will have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting City of Deltona Page 17 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 the property. These numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Corrective Action: Properly display the address number on the front of the building, or to a separate structure (mailbox, post, wall, fence, etc.) in front of the building; numbers shall be Arabic and shall not be less than four inches in height and one-half inch in width. 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 February 3, 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 was not present to testify. K. DEL-24-011 Property Address: 295 MAGUIRE STREET, DELTONA, FL 32725 Parcel ID: 813052000012 Property Owner: CAROL A. KETCHUM 295 MAGUIRE STREET DELTONA, FL 32725 Violation: City of Deltona Section 110-831 Which states, A temporary portable storage unit is allowed on property solely for the loading, unloading and temporary storage of goods. The maximum time for the temporary portable storage unit to remain on the property shall be 30 consecutive days with a maximum of two occurrences per year per lot, not to run consecutively, may be placed on any paved driveway area, but must be a minimum of five feet from the edge of any right-of-way and six feet from any side lot line. Corrective Action: Please remove portable storage unit from the property. City of Deltona Page 18 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Officer Nelson Nieves Case was withdrawn by the City - In compliance. L. DEL-24-012 Property Address: 577 SULLIVAN STREET, DELTONA, FL 32725 Parcel ID: 813003570370 Property Owner: IH3 PROPERTY FLORIDA LP % ALTUS GROUP US INC 1717 MAIN STREET, SUITE 2000 DALLAS, TX 75201 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 fence permit. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer Lindsey Longstreet Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM March 23, 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 was not present to testify. City of Deltona Page 19 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 M. DEL-24-013 (A, B, C & D) Property Address: 1495 ELKCAM BOULEVARD, DELTONA, FL 32725 Parcel ID: 813009320110 Property Owner: MARGARET B. GUMBS 1495 ELKCAM BOULEVARD DELTONA, FL 32725 Violation: A City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Corrective Action: Repair or remove the entire fence structure. Also repair the screen enclosure, missing screen on top of the pool enclosure. Violation: B City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.11 States chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Corrective Action: Must be repaired and made structurally sound. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust. If replaced in its entirety, a permit must be obtained. (Chimney on roof top) Violation: C 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 City of Deltona Page 20 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 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 - Soffit in disrepair). Obtain permits if required. Violation: D City of Deltona Ordinance, 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: Repair or replace damaged/missing window and remove boards (Broken window on right side of the house). Officer Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM February 23, 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 for each violation A, B, C & D ($100 combined) will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. N. FIRE-24-001 Property Address: 1712 DOYLE ROAD, DELTONA, FL 32725 Parcel ID: 813023080010 Property Owner: CIRCLE K STORES INC REAL ESTATE DEPARTMENT PO BOX 52085 DC-17 PHOENIX, AZ 85072-2085 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1, Ch. 11.1.2.2, Ch. 11.1.8, Ch 1.7.12.10 City of Deltona Page 21 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 See attached Fire Inspection Report for detailed information. Repair the damaged electrical fixture located outside, provide an approved cover plate for the opening inside of the electrical panel. Obtain a permit for the installation of the new cooking appliances. Captain / Assistant Fire Marshal 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. 11.1.2.2, Ch. 11.1.8, Ch 1.7.12.10. no later than 4PM March 25, 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 violation ($75 combined) 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. Mike Tennyson Construction Project Manager for Circle K Stores was present and did testify. O. FIRE-24-002 Property Address: 1646 PROVIDENCE BOULEVARD, SUITE #100, DELTONA, FL 32725 Parcel ID: 813014070410 Property Owner: SOUTHLAND CORP SOUTHLAND STORE 10110 PO BOX 711 DALLAS, TX 75221-0711 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th 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 Marshal Samuel Schaller Case was withdrawn by the City - In compliance. P. FIRE-24-003 Property Address: City of Deltona Page 22 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 101 HOWLAND BOULEVARD,SUITE E, DELTONA, FL 32764 Parcel ID: 920604000010 Property Owner: WAL-MART STORES EAST LP % PROPERTY TAX DEPT. PO BOX 8050 MS 0555 BENTVILLE, AR 72716-0555 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th 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 Marshal 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 February 23, 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. Bill Farris Legal representation for Wal-Mart Stores East LP was present and did testify. Q. FIRE-24-004 Property Address: 414 DELTONA BOULEVARD, DELTONA, FL 32725 Parcel ID: 900109000020 Property Owner: WAFFLE HOUSE INC. 5986 FINANCIAL DRIVE NORCROSS, GA 30071 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1, Ch. 13.1.9. See attached Fire Inspection Report for detailed information. City of Deltona Page 23 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 Corrective Action: Repair all deficiencies to fire sprinkler system & fire sprinkler system backflow preventer by a licensed contractor, and provide documentation of repairs to fire safety division. Captain / Assistant Fire Marshal 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. 13.1.9 no later than 4PM February 23, 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 was not present to testify. R. FIRE-24-005 Property Address: 915 DOYLE ROAD, DELTONA, FL 32725 Parcel ID: 910609000010 Property Owner: DELTONA LANDING LLC % ONE OVERTON PARK 3284 NORTHSIDE PARKWAY, SUITE #515 ATLANTA, GA 30327 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1, Ch. 13.6.4.3.2.1. See attached Fire Inspection Report for detailed information. Corrective Action: Have all fire extinguishers in suite inspected & tagged by a Florida licensed fire extinguisher dealer. Captain / Assistant Fire Marshal Samuel Schaller Case was withdrawn by the City - In compliance. 11. OTHER AND REPEAT BUSINESS: 13. ADJOURNMENT: City of Deltona Page 24 Printed on 5/6/2024 Special Magistrate Minutes January 24, 2024 The meeting was adjourned at 7:57 pm. ________________________ Kristin Eick, Special Magistrate _____________________________ Renée Cairney, Recording Secretary City of Deltona Page 25 Printed on 5/6/2024