Special Magistrate
Special MeetingDeltona, FL · April 24, 2024
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 - Withdrawn in Compliance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 - Withdrawn in Compliance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 - Withdrawn in Compliance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 - Withdrawn in Compliance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 - Withdrawn in Compliance
DEL-24-053 - 962 N. Village Drive - Withdrawn in Compliance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
Get email alerts for Deltona
A daily email when new agendas and minutes are posted.