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Special Magistrate

Special Meeting

Deltona, FL · April 24, 2024

AgendaMinutes

Minutes

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, April 24, 2024 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order 5:34 pm. 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron City Attorney Marsha Segal-George Hearing Clerk Jessica Cotterman Code Compliance Administrative Supervisor Renée Cairney Code Compliance Customer Service Representative Bryanna Ron Officer Josymar Jimenez Officer Bashir Tourkzi Officer Todd Meade Officer Nick Lopez Officer Jeff Scott Officer Nelson Nieves Officer Janice Polascik 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: Presented by Kristin Eick Ms. Eick has taken a Judicial Notice of all City of Deltona Ordinances, State Statues, Florida Building and Fire Codes and the International Property Maintenance Code. 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: 6. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate Hearing for March 24, 2024, were approved by the Special Magistrate Kristen Eick. 7. ANNOUNCEMENTS: DEL-23-277 MASSEY - 1200 Deltona Blvd - Continued DEL-24-039 MASSEY - 1812 N Akron Dr. - Continued City of Deltona Page 1 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 DEL-24-013 (A) MASSEY - 1495 Elkcam Blvd. - Withdrawn in Compliance DEL-24-046 (A & B) - 2056 Dumas Dr. - Withdrawn in Compliance DEL-24-048 - 1384 E. Hancock Dr. - Withdrawn in Compliance DEL-24-051 - 448 Providence Blvd. - Withdrawn in Compliance DEL-24-052 - 492 Providence Blvd. - Withdrawn in Compliance DEL-24-053 - 962 N. Village Drive - Withdrawn in Compliance 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-23-277 MASSEY Property Address: 1200 Deltona Blvd., Deltona, FL 32725 Parcel ID: 813006000020 Property Owner: Deltona Wellness LP 12 Bayview Avenue #280 Lawrence, NY 11559 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 Replacement. 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 This case was continued by the City. City of Deltona Page 2 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 B. DEL-24-013 MASSEY (A & B) Property Address: 1495 Elkcam Blvd. Parcel ID: 813009320110 Property Owner: Margaret B Gumbs 1495 Elkcam Blvd. 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) Officer Jeff Scott The Magistrate found the Respondent did not correct the violation (B) within the time specified in the prior Order. A fine in the amount of $1525 representing 61 days at $25 per day (consistent with prior Order) for case B. The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property City of Deltona Page 3 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 owner was not present to testify. D. DEL-24-014 MASSEY Property Address: 1812 N. Akron Drive, Deltona, FL 32738 Parcel ID: 813016130090 Property Owner: John Michael Granfield JR EST 1812 N. Akron Drive Deltona, FL 32738-4862 Violation: 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. Officer Nick Lopez The Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1350, 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. C. DEL-24-039 MASSEY Property Address: 1812 N. Akron Drive, Deltona, FL 32738 Parcel ID: 813016130090 Property Owner: John Michael Granfield JR Estate 1812 N. Akron Drive Deltona, FL 32738-4862 Violation: City of Deltona Ordinance, Section 38-110 (1), which states that nuisance weeds where the greater portion of the weeds on the lot City of Deltona Page 4 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 exceeds 12 inches in height, are declared to be a nuisance and must be abated in their entirety. Corrective action: Mow the yard and maintain lawn so that grass and weeds do not exceed 12 inches in height. Officer Nick Lopez This case was continued by the City. E. DEL-24-044 MASSEY (A to Q) Property Address: 2911 Alatka Lane, Deltona, FL 32738 Parcel ID: 813074420130 Property Owner: Enrico Ridge LLC PO Box 3587 Orlando, FL 32802 Violation(s): A to Q 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 permits. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure(s) must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number(s) once obtained. *Case #BLD23-1357 Permit#BLDC20-0099 -Building Commercial-Retaining Wall (expired 12/27/22) City of Deltona Page 5 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 *Case #BLD23-1358 Permit#BLDC21-0034- Building Commercial-New Construction (expired 12/12/22 ) *Case #BLD23-1471 Pemit#BLDC21-0035- Building Commercial-New Construction (expired 01/17/23 ) *Case #BLD23-1472 Pemit#BLDC21-0036- Building Commercial-New Construction (expired 11/08/22 ) *Case #BLD23-1473 Permit#BLDC21-0037- Building Commercial-New Construction (expired 11/08/22 ) *Case #BLD23-1474 Permit#BLDC21-0038- Building Commercial-New Construction (expired 11/28/22 ) *Case #BLD23-1475 Permit#ENG20-0092 – Engineering – Site Engineering (expired 12/20/22 ) *Case #BLD23-1476 Permit#FIRE21-0047 - Fire - Fire Sprinkler (expired 03/07/23 ) *Case #BLD23-1477 Permit#FIRE21-0048 - Fire - Fire Sprinkler (expired 03/02/23 ) *Case #BLD23-1478 Permit#FIRE21-0049 - Fire - Fire Sprinkler (expired 11/15/23 ) *Case #BLD23-1479 Permit#FIRE21-0050 - Fire - Fire Sprinkler (expired 01/31/23 ) *Case #BLD23-1480 Permit#FIRE21-0051 - Fire - Fire Sprinkler (expired 02/02/23 ) *Case #BLD23-1481 Permit#FIRE21-0054 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1482 Permit#FIRE21-0055 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1483 Permit#FIRE21-0056 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1484 Permit#FIRE21-0057 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1485 Permit#FIRE21-0058 - Fire - Fire Alarm (expired 09/12/22 ) Officer Josymar Jimenez The Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $13,600, representing 16 days at $50 per day per violation, case currently has seventeen (17) violations (A to Q 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. City of Deltona Page 6 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 10. NEW BUSINESS: A. DEL-24-031 Property Address: 3775 Cambay Street, Deltona, FL 32738 Parcel ID: 813062390030 Property Owner: Antonio Valdez JR 3775 Cambay Street Deltona, FL 32738-9080 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 (Garage Modification/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. 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 June 24, 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 Antonio Valdez was present to testify. B. DEL-24-046 (A & B) Property Address: City of Deltona Page 7 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 2056 Dumas Drive, Deltona, FL 32738 Parcel ID: 813031090060 Property Owner: Karen Roberts 2056 Dumas Drive Deltona, FL 32738 Violation: A 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 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. Violation: B City of Deltona Ordinance, Section 110-811 (b)(5), which states that mobile recreational shelters and vehicles, other camping type vehicles excluding pickup covers when appropriately mounted on a vehicle, boats, boat trailers, utility trailers, and other trailers are permitted as an accessory use on any lot within the A, RE-1, RE-5, R-1, R-2, R-3, R-4, R1-B, the single- and two-family residential areas of RPUD, and the MPUD classifications provided the following conditions are met: They shall not be connected to water, sewer or electric lines or be used for residential purposes. 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. Officer Janice Polascik City of Deltona Page 8 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 This case was withdrawn by the City. C. DEL-24-047 (A, B, & C) Property Address: 1092 Deltona Blvd., Deltona, FL 32725 Parcel ID: 813010100300 Property Owner: Global Commercial Properties LLC 5224 W. State Road 46 Unit 152 Sanford, FL 32771-9230 Violation: A City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.6, which states that all exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Corrective Action: Repair the exterior walls(including fascia, soffit, and trim at roof line) and painted with a proper treatment. 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. Violation: C City of Deltona Ordinance, 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. City of Deltona Page 9 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 Corrective Action: Corrective action: Repair and or replace interior surfaces. Officer Todd Meade Special Magistrate found the Respondent in violation of the City Code(s) (A & B) as charged, and ordered the Respondent correct the violation no later than 4PM June 10, 2024 after this Order is entered in writing; in the event the Respondent does not comply with the Order, a fine in the amount of $25 will be imposed for each violation (A & B) violation C is in compliance, for a fine of $50, to be imposed 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. Mohamed Juma was present as a representative for Global Commercial Properties LLC. to testify. D. DEL-24-048 Property Address: 1384 E. Hancock Drive, Deltona, FL 32725 Parcel ID: 813030200020 Property Owner: John Susco TR 1471 Edison Terrace Deltona, FL 32725-4616 Violation: City of Deltona Ordinance, Section 66-19 (a)(5) which states that (a) mobile recreational shelters and vehicles, other camping type vehicles excluding pickup covers when appropriately mounted on a vehicle, boats, boat trailers, utility trailers, and other trailers are permitted to be parked on any lot within the A, R1-R1AAA, R1B, RE1, RE5, RM1, RM2, the single- and two-family residential areas of RPUD, MPUD and the MH classifications provided the following conditions are met: (5) such vehicles shall not be connected to water or sewer lines or be used for residential purposes. Corrective Action: Cease use of the recreational vehicle for residential purposes and disconnect the vehicle from water and/or sewage. Officer Larry Sparling This case was withdrawn by the City. City of Deltona Page 10 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 E. DEL-24-049 Property Address: 1460 Providence Blvd., Deltona, FL 32725 Parcel ID: 813007220020 Property Owner: Felix Dominguez 10715 Mobberly Circle Orlando, FL 32832 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, remove, replace Fence panels. 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 May 24, 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. F. DEL-24-050 Property Address: 549 Pemberton Avenue, Deltona, FL 32738 Parcel ID: 813021090070 Property Owner: CSMA BLT LLC C/O Cold River Land LLC 1850 Parkway PL STE 900 Marietta, GA 30067 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 504.1, which City of Deltona Page 11 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 states that all plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Corrective Action: REPAIR OR REPLACE DAMAGED PLUMBING. Officer Janice Polascik Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM May 6, 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 Officer to verify compliance with this order. The tenant was present and did testify. G. DEL-24-051 Property Address: 448 Providence Blvd., Deltona, FL 32725 Parcel ID: 813012170110 Property Owner: Morris E. Ralls EST 448 Providence Blvd. Deltona, FL 32725 Violation: 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. Officer Todd Meade City of Deltona Page 12 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 This case was withdrawn by the City. H. DEL-24-052 Property Address: 492 Providence Blvd., Deltona, FL 32725-8266 Parcel ID: 813012210220 Property Owner: Luz Patricia Estrada Hassell LE 492 Providence Blvd. Deltona, FL 32725-8266 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 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 This case was withdrawn by the City. I. DEL-24-053 Property Address: 962 N. Village Drive, Deltona, FL 32725 Parcel ID: 813011300100 Property Owner: Doris Anderson PO Box 607684 Orlando, FL 32860 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of City of Deltona Page 13 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 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 This case was withdrawn by the City. DEL-24-054 Property Address: 1809 Dublin Road, Deltona, FL 32738 Parcel ID: 813045260250 Property Owner: Brian Page & Randi Michelle Aman 1809 Dublin Road DELTONA, FL 32738 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 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 City of Deltona Page 14 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 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. Dangerous dog means any dog that according to the records of the appropriate authority: (1)Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (2)Has killed a domestic animal or, more than once, severely injured a domestic animal while off the owner's property; (3)Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4)Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. Corrective Action: Must comply with City Ordinances pertaining to dangerous dog(s). Officer Nelson Nieves The City deemed Blue as a Dangerous Dog on April 5, 2024, giving notice to Blues owner and notifying the Sheriff's Department of such. Special Magistrate omitted bills supplied by owners (Mr. & Mrs. Evert) of Zoe. The City is requesting the Magistrate uphold the decision in Blue being deemed a Dangerous Dog. Magistrate did not uphold the Dangerous Dog decision as there is not enough evidence to find the ruling as two cases to uphold the ruling according to statute as the evidence for Zoe does not prove as such stated in the statute. Attorney Jennifer Blakeman was present as representation to testify, for Blue along with Brian, Randi and Charles Page Blues owner. The Colon family was present as a witness of the attack as an owner of one of the injured dogs (Samson). 11. OTHER AND REPEAT BUSINESS: A. DEL-22-241 MASSEY Property Address: 541 Battersea Avenue, Deltona, FL 32738 City of Deltona Page 15 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 Parcel ID: 813021080060 Property Owner: SFR JV-HD Property LLC, CO: Tricon American Homes LLC 15771 Red Hill Avenue Tustin, CA 92780 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective action: You must obtain a permit for the Fence. 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 Meade was assigned this case for a fence erected without obtaining a permit. Property owner is requesting a reduction from the amount owed of $40,050.00 to $ . The property representative states there was a miscommunication, and the vendor assigned to install the new fence did not pull a permit. Once this violation was brought to their attention and were made aware, work began to rectify the violation. Since this incident changes were made within the organization to prevent this from occurring in the future. The Magistrate found the Respondent did not correct the violation within the time specified in the prior Order, violation came into compliance on March 22, 2024. While a fine in the amount of $40,050.00, representing 534 days at $75.00 per day would have ordinarily been imposed, the City requests the fine stays in place, as imposed (consistent with prior Order). The Magistrate ordered a reduction to $5000.00, to go before the City Commission, for consideration of the suggested reduction. Property owner representative Wayne Valcana was present and did testify. 13. ADJOURNMENT: City of Deltona Page 16 Printed on 5/20/2024 Special Magistrate Minutes April 24, 2024 The meeting was adjourned at 7:38 pm. ________________________ Special Magistrate Kristin Eick __________________________ Hearing Clerk Jessica Cotterman City of Deltona Page 17 Printed on 5/20/2024

Agenda

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Agenda Special Magistrate Wednesday, April 24, 2024 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: 2. ROLL CALL: 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: 6. APPROVAL OF AGENDA & MINUTES: 7. ANNOUNCEMENTS: 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: A. DEL-23-277 MASSEY Property Address: 1200 Deltona Blvd., Deltona, FL 32725 Parcel ID: 813006000020 Property Owner: Deltona Wellness LP 12 Bayview Avenue #280 Lawrence, NY 11559 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 City of Deltona Page 1 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 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. 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 D. DEL-24-039 MASSEY Property Address: 1812 N. Akron Drive, Deltona, FL 32738 Parcel ID: 813016130090 Property Owner: John Michael Granfield JR EST 1812 N. Akron Drive Deltona, FL 32738-4862 Violation: 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. Officer Nick Lopez E. DEL-24-044 MASSEY (A to Q) Property Address: 2911 Alatka Lane, Deltona, FL 32738 Parcel ID: 813074420130 Property Owner: Enrico Ridge LLC PO Box 3587 City of Deltona Page 2 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 Orlando, FL 32802 Violation(s): A to Q 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 permits. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure(s) must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number(s) once obtained. *Case #BLD23-1357 Permit#BLDC20-0099 -Building Commercial-Retaining Wall (expired 12/27/22) *Case #BLD23-1358 Permit#BLDC21-0034- Building Commercial-New Construction (expired 12/12/22 ) *Case #BLD23-1471 Pemit#BLDC21-0035- Building Commercial-New Construction (expired 01/17/23 ) *Case #BLD23-1472 Pemit#BLDC21-0036- Building Commercial-New Construction (expired 11/08/22 ) *Case #BLD23-1473 Permit#BLDC21-0037- Building Commercial-New Construction (expired 11/08/22 ) *Case #BLD23-1474 Permit#BLDC21-0038- Building Commercial-New Construction (expired 11/28/22 ) *Case #BLD23-1475 Permit#ENG20-0092 – Engineering – Site Engineering (expired 12/20/22 ) *Case #BLD23-1476 Permit#FIRE21-0047 - Fire - Fire Sprinkler (expired 03/07/23 ) *Case #BLD23-1477 Permit#FIRE21-0048 - Fire - Fire Sprinkler (expired 03/02/23 ) *Case #BLD23-1478 Permit#FIRE21-0049 - Fire - Fire Sprinkler (expired 11/15/23 ) *Case #BLD23-1479 Permit#FIRE21-0050 - Fire - Fire Sprinkler City of Deltona Page 3 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 (expired 01/31/23 ) *Case #BLD23-1480 Permit#FIRE21-0051 - Fire - Fire Sprinkler (expired 02/02/23 ) *Case #BLD23-1481 Permit#FIRE21-0054 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1482 Permit#FIRE21-0055 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1483 Permit#FIRE21-0056 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1484 Permit#FIRE21-0057 - Fire - Fire Alarm (expired 09/12/22 ) *Case #BLD23-1485 Permit#FIRE21-0058 - Fire - Fire Alarm (expired 09/12/22 ) Officer Josymar Jimenez C. DEL-24-039 MASSEY Property Address: 1812 N. Akron Drive, Deltona, FL 32738 Parcel ID: 813016130090 Property Owner: John Michael Granfield JR Estate 1812 N. Akron Drive Deltona, FL 32738-4862 Violation: City of Deltona Ordinance, Section 38-110 (1), which states that nuisance weeds where the greater portion of the weeds on the lot exceeds 12 inches in height, are declared to be a nuisance and must be abated in their entirety. Corrective action: Mow the yard and maintain lawn so that grass and weeds do not exceed 12 inches in height. Officer Nick Lopez B. DEL-24-013 MASSEY (A & B) Property Address: 1495 Elkcam Blvd. Parcel ID: 813009320110 City of Deltona Page 4 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 Property Owner: Margaret B Gumbs 1495 Elkcam Blvd. 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) Officer Jeff Scott 10. NEW BUSINESS: C. DEL-24-047 (A, B, & C) Property Address: 1092 Deltona Blvd., Deltona, FL 32725 Parcel ID: 813010100300 Property Owner: Global Commercial Properties LLC 5224 W. State Road 46 Unit 152 City of Deltona Page 5 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 Sanford, FL 32771-9230 Violation: A City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.6, which states that all exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Corrective Action: Repair the exterior walls(including fascia, soffit, and trim at roof line) and painted with a proper treatment. 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. Violation: C City of Deltona Ordinance, 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: Corrective action: Repair and or replace interior surfaces. Officer Todd Meade E. DEL-24-049 Property Address: 1460 Providence Blvd., Deltona, FL 32725 Parcel ID: 813007220020 Property Owner: Felix Dominguez City of Deltona Page 6 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 10715 Mobberly Circle Orlando, FL 32832 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, remove, replace Fence panels. Officer Todd Meade F. DEL-24-050 Property Address: 549 Pemberton Avenue, Deltona, FL 32738 Parcel ID: 813021090070 Property Owner: CSMA BLT LLC C/O Cold River Land LLC 1850 Parkway PL STE 900 Marietta, GA 30067 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 504.1, which states that all plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Corrective Action: REPAIR OR REPLACE DAMAGED PLUMBING. Officer Janice Polascik G. DEL-24-051 Property Address: 448 Providence Blvd., Deltona, FL 32725 Parcel ID: 813012170110 City of Deltona Page 7 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 Property Owner: Morris E. Ralls EST 448 Providence Blvd. Deltona, FL 32725 Violation: 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. Officer Todd Meade H. DEL-24-052 Property Address: 492 Providence Blvd., Deltona, FL 32725-8266 Parcel ID: 813012210220 Property Owner: Luz Patricia Estrada Hassell LE 492 Providence Blvd. Deltona, FL 32725-8266 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 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 City of Deltona Page 8 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 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 A. DEL-24-031 Property Address: 3775 Cambay Street, Deltona, FL 32738 Parcel ID: 813062390030 Property Owner: Antonio Valdez JR 3775 Cambay Street Deltona, FL 32738-9080 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 (Garage Modification/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. Officer Bashir Tourkzi D. DEL-24-048 Property Address: 1384 E. Hancock Drive, Deltona, FL 32725 Parcel ID: 813030200020 Property Owner: John Susco TR City of Deltona Page 9 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 1471 Edison Terrace Deltona, FL 32725-4616 Violation: City of Deltona Ordinance, Section 66-19 (a)(5) which states that (a) mobile recreational shelters and vehicles, other camping type vehicles excluding pickup covers when appropriately mounted on a vehicle, boats, boat trailers, utility trailers, and other trailers are permitted to be parked on any lot within the A, R1-R1AAA, R1B, RE1, RE5, RM1, RM2, the single- and two-family residential areas of RPUD, MPUD and the MH classifications provided the following conditions are met: (5) such vehicles shall not be connected to water or sewer lines or be used for residential purposes. Corrective Action: Cease use of the recreational vehicle for residential purposes and disconnect the vehicle from water and/or sewage. Officer Larry Sparling B. DEL-24-046 (A & B) Property Address: 2056 Dumas Drive, Deltona, FL 32738 Parcel ID: 813031090060 Property Owner: Karen Roberts 2056 Dumas Drive Deltona, FL 32738 Violation: A 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 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 City of Deltona Page 10 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 structure. Violation: B City of Deltona Ordinance, Section 110-811 (b)(5), which states that mobile recreational shelters and vehicles, other camping type vehicles excluding pickup covers when appropriately mounted on a vehicle, boats, boat trailers, utility trailers, and other trailers are permitted as an accessory use on any lot within the A, RE-1, RE-5, R-1, R-2, R-3, R-4, R1-B, the single- and two-family residential areas of RPUD, and the MPUD classifications provided the following conditions are met: They shall not be connected to water, sewer or electric lines or be used for residential purposes. 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. Officer Janice Polascik J. DEL-24-048 Property Address: 1384 E. Hancock Drive, Deltona, FL 32725 Parcel ID: 813030200020 Property Owner: John Susco TR 1471 Edison Terrace Deltona, FL 32725-4616 Violation: City of Deltona Ordinance,Section 66-19 (a)(5) which states that (a) mobile recreational shelters and vehicles, other camping type vehicles excluding pickup covers when appropriately mounted on a vehicle, boats, boat trailers, utility trailers, and other trailers are permitted to be parked on any lot within the A, R1-R1AAA, R1B, RE1, RE5, RM1, RM2, the single- and two-family residential areas of RPUD, MPUD and the MH classifications provided the following conditions are met: (5) such vehicles shall not be connected to water or sewer lines or be used for residential purposes. Corrective Action: Cease use of the recreational vehicle for residential purposes and disconnect the vehicle from water and/or sewage. City of Deltona Page 11 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 Officer Larry Sparling I. DEL-24-053 Property Address: 962 N. Village Drive, Deltona, FL 32725 Parcel ID: 813011300100 Property Owner: Doris Anderson PO Box 607684 Orlando, FL 32860 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 fence. Officer Nick Lopez DEL-24-054 Property Address: 1809 Dublin Road, Deltona, FL 32738 Parcel ID: 813045260250 Property Owner: Brian Page & Randi Michelle Aman 1809 Dublin Road DELTONA, FL 32738 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 City of Deltona Page 12 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 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 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. Dangerous dog means any dog that according to the records of the appropriate authority: (1)Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (2)Has killed a domestic animal or, more than once, severely injured a domestic animal while off the owner's property; (3)Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4)Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. Corrective Action: Must comply with City Ordinances pertaining to dangerous dog(s). Officer Nelson Nieves 11. OTHER AND REPEAT BUSINESS: A. DEL-22-241 MASSEY Property Address: 541 Battersea Avenue, Deltona, FL 32738 City of Deltona Page 13 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 Parcel ID: 813021080060 Property Owner: SFR JV-HD Property LLC, CO: Tricon American Homes LLC 15771 Red Hill Avenue Tustin, CA 92780 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective action: You must obtain a permit for the Fence. 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 Meade was assigned this case for a fence erected without obtaining a permit. Property owner is requesting a reduction from the amount owed of $40,050.00 to $ . The property representative states there was a miscommunication, and the vendor assigned to install the new fence did not pull a permit. Once this violation was brought to their attention and were made aware, work began to rectify the violation. Since this incident changes were made within the organization to prevent this from occurring in the future. 13. ADJOURNMENT: NOTE: If any person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, he/she will need a record of the proceedings, and for such purpose he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Individuals with disabilities needing assistance to participate in any of these proceedings should contact the City Manager in writing at City of Deltona Page 14 Printed on 4/24/2024 Special Magistrate Agenda April 24, 2024 CityManager@deltonafl.gov or to Deltona City Hall, 2345 Providence Blvd., Deltona, FL 32725 at least 48 hours prior to the meeting at which the person wishes to attend. The City is not permitted to provide the use of human physical assistance to physically handicapped persons in lieu of the construction or use of ramps or other mechanical devices in order to comply with Florida law. If proper accommodations for handicapped access cannot be made at a particular public meeting venue pursuant to a timely written request under Section 286.26 F.S., the City Manager shall change the venue of that meeting to a location where those accommodations can be provided. City of Deltona Page 15 Printed on 4/24/2024

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