Special Magistrate

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special Magistrate Wednesday, August 28, 2024 5:30 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 5:42 pm. 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisors Mark Gibson and Todd Meade Hearing Clerk Jessica Cotterman Customer Service Rep. Bryanna Ron Officer Janice Polascik Officer Jeff Scott Officer Larry Sparling Officer Nick Lopez Officer Bashir Tourkzi Officer Steve Braukhoff Fire Marshal Sharon Shivers Fire Inspector Lisa Nadeau Fire Inspector Ajorie Bailey 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 July 2, 2024 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: FIRE24-0037 MASSEY - 3000 Lake Helen Osteen Road - Continued FIRE24-0045 - 530 Belltower Avenue - Continued City of Deltona Page 1 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 DEL-24-078 - 2301 Lake Helen Osteen Road - Continued DEL-24-079 - 2301 Lake Helen Osteen Road - Continued DEL-24-081 - 1510 Howland Boulevard - Continued 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: FIRE-24-0035 MASSEY Property Address: 839 DEBARY AVENUE, DELTONA, FL 32725 Parcel ID: 813052040050 Property Owner: RICHARD H. COFFIN JR. & RICON TRUST & RICON TRUST & KRISTA MARIE COFFIN TR 2070 CREEKSIDE ROAD, SANTA BARBARA, CA 93109 Violation: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1, Ch. 63.9.2.1 - For other than vehicles equipped for and using compressed gas as a fuel for propelling the vehicle, an operational permit shall be required for liquid carbon dioxide systems in excess of 100 lb (45.4 kg) of carbon dioxide. Corrective Action: Obtain an operational use permit for the liquid carbon dioxide system. Officer Samuel Schaller Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1,300, representing 26 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. FIRE24-0037 MASSEY Property Address: 3000 LAKE HELEN OSTEEN ROAD, DELTONA, FL 32738 Parcel ID: 810306000020 Property Owner: LEROY YOUNG A TRUST City of Deltona Page 2 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 1999 YOUNG FAMILY REV TRUST 1-21-99 TR 945 LINCOLN AVENUE NAPA, CA 94558-5066 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1, Ch. 1.7.12.10 - No construction work shall proceed until the AHJ has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued, Ch. 11.1.8 - All panelboard and switchboards, pull boxes, junction boxes, switches, receptacles, and conduit bodies shall be provided with covers compatible with the box or conduit body construction and suitable for the conditions of use. Corrective action: Obtain an electrical permit for the installation of the newly provided electrical receptacles and equipment/coolers installed in the produce area. Provided an approved cover for the exterior electrical box. Captain / Assistant Fire Marshal Samuel Schaller This case was continued by the City. DEL-23-265 MASSEY Property Address: 801 CHIPPENDALE STREET, DELTONA, FL 32725 Parcel ID: 813024020040 Property Owner: CORTES JERITZA & GARCIA MISAEL ISAI MOTA 801 CHIPPENDALE STREET DELTONA, FL 32725 Violation: A City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to City of Deltona Page 3 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective action: You must obtain a permit for shed. 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 Larry Sparling Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $5,775, representing 231 days at $25 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-24-019 MASSEY Property Address: 2500 LEONARD DRIVE, DELTONA, FL 32725 Parcel ID: 810900000120 Property Owner: EMANUEL ALICEA VEZIRE KRASNIQI 1821 S HOUSTON DRIVE DELTONA, FL 32738 Violation: A City of Deltona Ordinance, Section 110-831 Which states, A temporary portable storage unit is allowed on property solely for the loading, unloading and temporary storage of goods. The maximum time for the temporary portable storage unit to remain on the property shall be 30 consecutive days with a maximum of two occurrences per year per lot, not to run consecutively, may be placed on any paved driveway area, but must be a minimum of five feet from the edge of any right-of-way and six feet from any side lot line. City of Deltona Page 4 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Corrective action: Please remove portable storage unit (Conex Box) from the property. Officer Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $1,525, representing 61 days at $25 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner's were present to testify. DEL-24-037 MASSEY Property Address: 815 DELTONA BLVD., DELTONA, FL 32725 Parcel ID: 813022380020 Property Owner: CIRCLE K STORES INC. Real Estate Department PO BOX 52085 DC-17 PHOENIX, AZ 85072-2085 Violation: A City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective action: You must obtain a permit(renew expired Permit). Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. City of Deltona Page 5 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Officer Todd Meade Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $2,675, representing 107 days at $25 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-24-065 MASSEY Property Address: 2121 CAPRI CIRCLE, DELTONA, FL 32738 Parcel ID: 813074420230 Property Owner: SYED S SHAH PO BOX 821693 PEMBROKE PINES, FL 33082 Violation: A City of Deltona Ordinance, Section 38-114, which states that storage of building materials, commercial and industrial equipment, materials, objects or waste relating to commercial or industrial uses, or any equipment, materials or objects that are not incidental to a residential use, shall be prohibited. Corrective action: Outside storage not allowed on vacant lots. Remove Conex box and construction materials/ equipment from the property. Officer Bashir Tourkzi This case was withdrawn by the City. DEL-24-067 MASSEY Property Address: 1553 PROVIDENCE BOULEVARD, DELTONA, FL 32725 Parcel ID: 813055060070 Property Owner: DAVID S PRICE EST 1553 PROVIDENCE BOULEVARD DELTONA, FL 32725 City of Deltona Page 6 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 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 fence. Officer Nick Lopez Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $625, representing 25 days at $25 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-24-071 MASSEY Property Address: 1986 HUNTER AVENUE, DELTONA, FL 32725 Parcel ID: 813015060100 Property Owner: ERIC B SAXX & TAMIKA LT SAXX PO BOX 910547 LEXINGTON, KY 40591 Violation: A City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (roof). Obtain permits if required. Officer Nick Lopez City of Deltona Page 7 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. Special Magistrate stated the fine will not be imposed until September 9, 2024, giving the allotted time required to correct the soffit violation. Should the soffit not be brought into compliance by the afore stated date, the fine is to continue at $25 per day as specified in prior Order. Property owner was present to testify via Zoom. DEL-24-072 MASSEY Property Address: 2912 THALITA TERRACE, DELTONA, FL 32738 Parcel ID: 813074420270 Property Owner: THALITA TERRACE LLC PO BOX 3587 ORLANDO, FL 32802 Violation: A to I 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: Expired permits on property, must obtain up to date permits for: CASE# BLD24-0365 / PERMIT# BLDC20-0074 (NEWCONSTRUCTION); CASE# BLD24-0367 / PERMIT# BLDC20-0101 (RETAININGWALL); CASE# BLD24-0368 / PERMIT# BLDC21-0029 (DUMPSTER); CASE# BLD24-0369 / PERMIT# BLDC21-0032 (NEW CONSTRUCTION); CASE# BLD24-0370 / PERMIT# ENG20-0077 (SITE ENGINEERING); CASE# BLD24-0371 / PERMIT# FIRE21-0042 (FIRE SPRINKLER); CASE# BLD24-0372 / PERMIT# FIRE21-0043 (FIRE SPRINKLER); CASE# BLD24-0373 / PERMIT# FIRE21-0052 (FIRE ALARM); CASE# BLD24-0374 / PERMIT# FIRE21-0053 (FIRE ALARM). Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all the requirements of city ordinance and be approved on final inspection. Contact our office with the permit number City of Deltona Page 8 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 when obtained. Officer Bashir Tourkzi Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $12,150, representing 27 days at $50 per day per violation, case currently has nine (9) violations (A to I consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-24-074 MASSEY Property Address: 2041 SWANSON DRIVE, DELTONA, FL 32738 Parcel ID: 813017210040 Property Owner: MANDELA K ZABULUNGI, HILDA AKYAA CORRI, & KWABENA D CORRI 2041 SWANSON DRIVE DELTONA, FL 32738 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 Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $625, representing 25 days at $25 per day (consistent with prior Order). The fine will continue to accrue for each and every day thereafter that there continues to be non-compliance with the City Code. Property owner was not present to testify. DEL-24-075 (C) MASSEY Property Address: 986 SWEETBRIER DRIVE, DELTONA, FL 32725 City of Deltona Page 9 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Parcel ID: 813066090190 Property Owner: ALFRED ELLIS & MARSHALL B ELLIS 986 SWEETBRIER DRIVE DELTONA, FL 32725 Violation: A City of Deltona Ordinance, Section 38-114, which states that furniture outside must be designed to be placed outdoors or stored inside a covered structure. In addition, storage of materials relating to residential use, children's play toys, firewood, brush, logs or any other material intended to be used in fireplaces or other permitted burning facilities, shall be permitted only in the rear yard to the rear wall of the home. Corrective action: Must be properly stored or removed from the property. Officer Todd Meade Special Magistrate found the Respondent did come into compliance on August 28, 2024, for violation C as charged per the City of Deltona Ordinance. There will be no fines imposed, as long as no repeat offence occurs of this violation, in the next five years, at which time a $500 fine per day will be imposed. Property owner was not present to testify. 10. NEW BUSINESS: DEL-24-073 Property Address: 1420 DRESSEL TERRACE, DELTONA, FL 32725 Parcel ID: 813007770120 Property Owner: LEONARDO GARIN & JESSICA DUMENG 1420 DRESSEL TERRACE DELTONA, FL 32725 Violation: City of Deltona Section 110-831 Which states, A temporary portable storage unit is allowed on property solely for the loading, unloading and temporary storage of goods. The maximum time for the temporary City of Deltona Page 10 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 portable storage unit to remain on the property shall be 30 consecutive days with a maximum of two occurrences per year per lot, not to run consecutively, may be placed on any paved driveway area, but must be a minimum of five feet from the edge of any right-of-way and six feet from any side lot line. Corrective Action: Please remove portable storage unit from the right side of the property (Only allowed on driveway).e chemically treated to remove algae, water should be clear water and sanitized. Officer Jeff Scott This case was withdrawn by the City. DEL-24-076 Property Address: 2961 HARPER STREET Parcel ID: 813034100120 Property Owner: TERRILL K. ALEXANDER & BONNIE L. ALEXANDER 2961 HARPER STREET DELTONA, FL 32738 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 Steve Braukhoff This case was withdrawn by the City. City of Deltona Page 11 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 DEL-24-077 Property Address: 2961 HARPER STREET Parcel ID: 813034100120 Property Owner: TERRILL K. ALEXANDER & BONNIE L. ALEXANDER 2961 HARPER STREET DELTONA, FL 32738 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. You must make sure the Pool remains secure. Officer Steve Braukhoff This case was withdrawn by the City. DEL-24-078 Property Address: 2301 LAKE HELEN OSTEEN ROAD, DELTONA, FL 32738 Parcel ID: 813074130210 Property Owner: EVELYN WIDDOWS & MICHAEL WIDDOWS 2301 LAKE HELEN OSTEEN ROAD DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to City of Deltona Page 12 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 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 Addition to the Back of the dwelling. 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 Steve Braukhoff This case was continued by the City. DEL-24-079 Property Address: 2301 LAKE HELEN OSTEEN ROAD, DELTONA, FL 32738 Parcel ID: 813074130210 Property Owner: EVELYN WIDDOWS & MICHAEL WIDDOWS 2301 LAKE HELEN OSTEEN ROAD DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the shed in the back yard. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, City of Deltona Page 13 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 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 Steve Braukhoff This case was continued by the City. DEL-24-080 Property Address: 2800 BECKWITH STREET, DELTONA, FL 32738 Parcel ID: 813034350070 Property Owner: ANAIS FABELO & MIRTA ESPERON 2800 BECKWITH STREET DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 66-18(a), which states that no vehicles greater than 10,000 pounds manufacturer's gross vehicle weight or designed to carry 16 or more passengers, or requiring a commercial drivers license (CDL) of any endorsement to operate shall be parked or stored in any residential or agricultural zoning district except in agricultural areas on lots of five acres or more. Corrective Action: Remove the Dump Truck from residential areas. Officer Steve Braukhoff Special Magistrate found the Respondent did not come into compliance by the date specified in the Notice of Violation. However, the Respondent came into compliance prior to the hearing and no fine shall be imposed. DEL-24-081 Property Address: 1510 HOWLAND BLVD., DELTONA, FL 32738 Parcel ID: 813043620250 Property Owner: WILLIAM WALDMAN 1510 HOWLAND BLVD., City of Deltona Page 14 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 DELTONA, FL 32738 Violation: City of Deltona ordinance Sec. 110-803 which states that principal and accessory structures and related projections, including driveways and swimming pool decks shall not be erected in platted easements unless the easement has been abandoned/vacated consistent with sections 58-32—58-37 of the City Code of Ordinances. Corrective Action: Remove principal, accessory structures, and related projections from the platted easement. Officer Nick Lopez This case was continued by the City. DEL-24-082 Property Address: 887 DELTONA BLVD., DELTONA, FL 32725 Parcel ID: 803604010050 Property Owner: LAND TRUST SERVICE CORP TR TRUST NO 887 DB - TR - TRUST PO BOX 547945 ORLANDO, FL 32854 Violation: CITY OF DELTONA ORDINANCE, SECTION 18-5, reference to 304.9, adopting the latest edition of the international property maintenance code, which states all overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. when required, all 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: Repair or Replace Damaged Sign. City of Deltona Page 15 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Officer Nick Lopez Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM September 27, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $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. Property owner was not present to testify. DEL-24-083 A, B & C Property Address: 631 CLOUDCROFT DRIVE, DELTONA, FL 32738 Parcel ID: 813042130190 Property Owner: DWIGHT DANIEL 631 CLOUDCROFT DRIVE DELTONA, FL 32738 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 shed Violation: B 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 Violation: C City of Deltona Ordinance, Section 18-5, adopting the latest edition of City of Deltona Page 16 Printed on 9/25/2024 Special Magistrate Minutes August 28, 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 deck 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 September 27, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $25 per violation (A, B & C for a total of $75 per day), will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. DEL-24-084 Property Address: 3000 LAKE HELEN OSTEEN ROAD, DELTONA, FL 32738 Parcel ID: 8130306000020 Property Owner: LEROY A. YOUNG TR 1999 YOUNG FAMILY REV TRUST 945 LINCOLN AVENUE NAPA, CA 94558-5066 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 work/repairs done on exterior walls. City of Deltona Page 17 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Officer Janice Polascik This case was withdrawn by the City. DEL-24-085 A, B & C Property Address: 55 COURTLAND BLVD., DELTONA, FL 32738 Parcel ID: 813060000030 Property Owner: DOLLAR TREE STORES INC. 500 VOLVO PKWY. CHESAPEAKE, VA 23320 Violation: A City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.2, which states that all exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, and shall be kept in sound working condition and maintained in good repair. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Corrective Action: Repair or replace damaged exterior surfaces ( Main entrance Door Frame/Glass). Violation:B City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. City of Deltona Page 18 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 Corrective Action: You must obtain a permit for (Canopy). Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Violation: C City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit (Mechanical). 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 October 28, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $50 per violation (A, B & C for a total of $150 per day), 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. Legal representation for Dollar Tree Stores Inc., Austin Palombizio was present and did testify via Zoom. DEL-24-086 Property Address: 986 SWEETBRIER DRIVE, DELTONA, FL 32725 Parcel ID: 813066090190 Property Owner: ALFRED ELLIS & MARSHAL B. ELLIS City of Deltona Page 19 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 986 SWEETBRIER DRIVE DELTONA, FL 32725 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the structure. 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 withdrawn by the City. DEL-24-087 Property Address: 1372 N. TIMBERCREST DRIVE, DELTONA, FL 32738 Parcel ID: 813040110010 Property Owner: ANGELA BARBIERI 1372 N. TIMBERCREST DRIVE DELTONA, FL 32738 Violation: This is a violation of 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 City of Deltona Page 20 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 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 Nick Lopez Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM October 14, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $75 per day, 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 Angela Barbieri was present via Zoom and did testify. DEL-24-088 Property Address: 2570 COACHMAN DRIVE, DELTONA, FL 32738 Parcel ID: 813054060210 Property Owner: FRED JONES 2570 COACHMAN DRIVE DELTONA, FL 32738 Violation: City of Deltona Ordinance, Section 66-18(h), "Restrictions on trucks and other vehicles" which states a maximum of two (2) vehicles may be parked in side or rear yards. Corrective Action: Reduce the number of vehicles in the side or rear yard o a maximum of two (2) vehicles. Officer Jeff Scott Special Magistrate found the Respondent did not come into compliance by the date specified in the Notice of Violation. However, the Respondent came into compliance prior City of Deltona Page 21 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 to the hearing and no fine shall be imposed. FIRE-24-0041 Property Address: 915 DOYLE ROAD, DELTONA, FL 32725 Parcel ID: 910609000010 Property Owner: TCB - DELTONA LLC 353 N CLARK SUITE 3625 CHICAGO, IL 60654-3477 Violation: City of Deltona Ordinance, : Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 13, 2019 Edition – Ch. 16.12.5.6 - Where a fire department connection services only a portion of a building, a sign shall be attached indicating the portions of the building served, NFPA 1 – Ch. 13.3.3.4.3.4 - As-built system installation drawings, hydraulic calculations, original acceptance test records, and device manufacturer’s data sheets shall be retained for the life of the system, Corrective Action: Please contact your fire sprinkler service provider to provide a hydraulic calculation plate for the retail plaza portion of the Publix building. Please provide signage for Fire Department Connection (FDC), directly in front of FDCs for Building 100, 200 & 300. Durable signage shall be a minimum of 6 inches in height, on contrasting background. Please ensure signage indicates "Bldg 100/200/300 FDC" on it. Fire Inspector Ajorie Bailey Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation for 16.12.5.6, no later than 4PM September 27, 2024 and for violation 13.3.3.3.4.3.4, no later than 4PM October 28, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $100 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Mr. Brad Archibald property owner and property management representation Mr. Vik Mahadeo were present and did testify. City of Deltona Page 22 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 FIRE-24-0042 Property Address: 301- 1565 SAXON BOULEVARD, DELTONA, FL 32725 Parcel ID: 812003003010 Property Owner: MEDICAL BUILDING LLC 207 VIRGINIA STREET EDGEWATER, FL 32132 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 1.7.12.10 – No construction work shall proceed until the AHJ has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued. Ch. 13.7.1.1 - Where building fire alarm systems or automatic fire detectors are required by other sections of this Code, they shall be provided and installed in accordance with NFPA 70, NFPA 72, and Section 13.7. Corrective Action: Obtain a building permit for the newly constructed employee break room and restroom, and associated plumbing, electrical, and mechanical work. Provide fire alarm notification inside of the newly constructed breakroom and restroom. Installation shall be conducted by licensed fire alarm contractor with fire alarm permit issued by City of Deltona. Fire Inspector Ajorie Bailey Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM November 26, 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. Mr. Mark Tracey property owner; Ms. Donna Santiago Manager and Mr. George Burton Contractor were present and did testify. FIRE-24-0043 Property Address: City of Deltona Page 23 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 1870 PROVIDENCE BOULEVARD, STE. A, B & C, DELTONA, FL 32725 Parcel ID: 813065160030 Property Owner: 1870 PROVIDENCE SUITE A, B & C LLC 368 VIA TUSCANY LOOP LAKE MARY, FL 32746-1545 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 1.7.12.10 – No construction work shall proceed until the AHJ has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued. Corrective Action: Obtain a building permit for the interior wall and door. Fire Inspector Ajorie Bailey Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM October 28, 2024 after this Order is entered in writing; that in the event the Respondent does not comply with the Order, a fine in the amount of $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. Mr. Fernandez property representative was present and did testify. FIRE-24-0045 Property Address: 530 BELLTOWER AVENUE, DELTONA, FL 32725 Parcel ID: 803605090150 Property Owner: MGA PROPERTIES LLC 921 TOWN CENTER DRIVE SUITE #1000 ORANGE CITY, FL 32763 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 13.1.1 - The AHJ City of Deltona Page 24 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 shall have the authority to require that construction documents for all fire protection systems be submitted for review and approval and a permit be issued prior to the installation, rehabilitation, or modification. Further, the AHJ shall have the authority to require that full acceptance tests of the systems be performed in the AHJ's presence prior to final system certification. Corrective Action: Obtain a permit for the installation of the new fire alarm cellular communicator. Fire Inspector Ajorie Bailey This case was continued by the City. FIRE-24-0047 Property Address: 102 LULLWATER STREET, DELTONA, FL 32725 Parcel ID: 803605020010 Property Owner: 102 LULLWATER LLC 210 WILLOWBAY RIDGE STREET SANFORD,FL 32771 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 10.11.1.1 - New and existing buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property, Ch. 10.13.2.1 - Cut or uncut weeds, grass, vines, and other vegetation shall be removed when determined by the AHJ to be a fire hazard, Ch. 13.6.1.2 - Fire extinguishers shall be provided where required by this Code as specified in Table 13.6.1.2 and the referenced codes and standards listed in Chapter 2, Ch 12.3.3.2 - Where required, fire-rated gypsum wallboard walls or ceilings that are damaged to the extent that through openings exist, the damaged gypsum wallboard shall be replaced or returned to the required level of fire resistance using a listed repair system or using materials and methods equivalent to the original construction, Ch. 1.7.12.10 - No City of Deltona Page 25 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 construction work shall proceed until the AHJ has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued, NFPA 101 Ch. 31.3.4.5.1 - In buildings other than those equipped throughout with an existing, complete automatic smoke detection system, smoke alarms shall be installed in accordance with 9.6.2.10, as modified by 31.3.4.5.2, outside every sleeping area in the immediate vicinity of the bedrooms and on all levels of the dwelling unit, including basements, Ch. 7.1.6.4 - Walking surfaces in the means of egress shall be slip resistant under foreseeable conditions, FAC69A-60.0081 - (3) Any commercial, industrial, or multiunit residential structure of three units or more, which uses horizontal or vertical light-frame truss-type construction in any portion shall be marked with an approved symbol. Townhouses are not multiunit residential structures and therefore not subject to this rule. NFPA 1 Ch. 10.11.1.6 – Address numbers for suites units etc, within a multiple tenant building or complex shall be individually identified in a manner approved by the AHJ, however shall be not less than 3 in. in height for residential and at least 6 in. in height for all other buildings, structures, or portions thereof. Corrective Action: Provide address numbers (102) for the structure, no smaller than 6” in height, in a location visible from the street or road fronting the property. Trim/cut back the vegetation encroaching onto the electrical wiring. Provide fire extinguishers for the apartment building and laundry building, accessible within 75 ft of all points of the structure, tagged by a Florida licensed fire extinguisher dealer, repair the holes and splitting in the laundry room ceiling, obtain a permit for the installation of the window in the laundry room building, the installation of the new front door for Unit D, and the installation of a new front door for Unit C, provide documentation that each dwelling unit is equipped with smoke alarms, provide slip resistance for stairs/exterior walking surface, provide one “RF” light frame-truss sign, on the front of the structure, provide unit identification letters, no smaller than 3 inches in height, on the front door of each unit. Fire Inspector Lisa Nadeau Special Magistrate found the Respondent in violation of the City Code, Ch. 42-186, adopting the Florida Fire Prevention Code 8th Edition, NFPA 1 Sections 13.6.1.2 and 7.1.6.4, and NFPA 101 Section 31.3.4.5.1, which Respondent shall correct no later than City of Deltona Page 26 Printed on 9/25/2024 Special Magistrate Minutes August 28, 2024 4PM on October 14, 2024. The Special Magistrate also found the Respondent in violation of the City Code, Ch. 42-186, adopting the Florida Fire Prevention Code 8th Edition, NFPA 1 Section 1.7.12.10, which Respondent shall correct no later than 4 PM on October 28, 2024. Should the Respondent not comply with the Order, a fine in the amount of $50 for each violation (for all four (4) violations a total of $200 per day), will be imposed for each and every day the violation continues past the aforementioned dates. Respondent is further ordered to contact the Code Compliance Officer to verify compliance with the Order. Mr. Scott McGrath property owner was present and did testify. 11. OTHER AND REPEAT BUSINESS: 13. ADJOURNMENT: The meeting was adjourned at 9:00 pm. ________________________ Special Magistrate Kristin Eick __________________________ Hearing Clerk Jessica Cotterman City of Deltona Page 27 Printed on 9/25/2024