Special Magistrate
Deltona Commission Chambers
Agenda — 32 items
- 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:
- 10 FIRE24-032 MASSEY Property Address: 577 Deltona Boulevard, Unit 12, Deltona, FL 32725 Parcel ID: 803605090040 Property Owner: Deltona Square LLC 259 E Rand Road Apt 200 Mount Prospect, IL 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. 11.1.7.3.1 - Each disconnecting means shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident. In other than one-or-two family dwellings, the marking shall include the identification of the circuit source that supplies the disconnecting means. The marking shall be of sufficient durability to withstand the environment involved. Corrective action: Obtain a building and electrical permit for the removal of the interior walls and the construction of the new interior walls and installation of additional electrical receptacles. Assistant Fire Marshal Samuel Schaller
- 11 FIRE24-033 MASSEY Property Address: 600 Fort Smith Boulevard, Deltona, FL 32738 Parcel ID: 813400000042 Property Owner: Florida District Church of the Nazarene 4720 Cleveland Heights Lakeland, FL 33813 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. 11.1.5.6 - Extension cords shall be permitted to be used on portable appliances to the nearest receptacle where receptacle spacing is in accordance with NFPA 70. Corrective action: Obtain building and electrical permits for the construction of the stage/platform, drum booth, walled off egress doors, newly installed exterior doors, sound booth and associated electrical and removal of illuminated exit sign. Obtain a permit for the demolition of the wall and door in the foyer/hallway area and relocated, demolished, and newly constructed walls and doors inside of the sanctuary, and obtain an electrical permit for the electrical work conducted on the exterior of the structure. Cease the permanent usage of the extension cords being used on the fence/front entrance area. Assistant Fire Marshal Samuel Schaller
- 10. NEW BUSINESS:
- 13 DEL-24-089 Property Address: 2265 Bannister Street, Deltona, FL 32738 Parcel ID: 813045240090 Property Owner: Kathleen Nocella & Robert M Smith 8129 SE 174th Bellhaven Loop The Villiages, FL 32162 Violation: City of Deltona Ordinance, Section 66-19(3), which states that boats/trailers/recreational vehicles shall not be parked or stored either within a public right-of-way, or within that portion of the lot lying across the full width of the lot between the front lot line and front most part of the principal structure. Corrective Action: Park boat/trailer/rv on the side of the house behind the front face or in the rear yard but not within the side street yard. Please move the vehicle to proper parking area or remove from the property. All vehicles must have a current tag and be operable, or they must be stored in an enclosed garage. Officer Steve Braukhoff
- 14 DEL-24-090 Property Address: 1790 Dublin Road, Deltona, FL 32738 Parcel ID: 813045250160 Property Owner: Ricardo & Ida Gloria Diaz Rodriguez 1790 Dublin Road Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 66-19(3), which states that boats/trailers/recreational vehicles shall not be parked or stored either within a public right-of-way, or within that portion of the lot lying across the full width of the lot between the front lot line and front most part of the principal structure. Corrective Action: Park boat/trailer/rv on the side of the house behind the front face or in the rear yard but not within the side street yard. Please move the vehicle to proper parking area or remove from the property. All vehicles must have a current tag and be operable, or they must be stored in an enclosed garage. Officer Steve Braukhoff
- 15 DEL-24-091 Property Address: 1540 Gainesville Drive, Deltona, FL 32725 Parcel ID: 813072260010 Property Owner: Francisco & Fredy Nancy Brito 1540 Gainesville Drive Deltona, FL 32725 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 shed. Officer Nick Lopez
- 16 DEL-24-092 Property Address: 1810 Hallcrest Drive, Deltona, FL 32725 Parcel ID: 813065070170 Property Owner: Roberto Bonilla 1810 Hallcrest Drive Deltona, FL 32725-3816 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 structure/addition to home. 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 Nick Lopez
- 17 DEL-24-093 Property Address: 2057 Heathwood Street, Deltona, FL 32725 Parcel ID: 813031110130 Property Owner: Leon Ozeran 1416 N Grandview Avenue Daytona Beach, FL 32118-3514 Violation: City of Deltona Ordinance,Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states the roof and flashing shall be sound tight and not have defects that admit rain. Corrective Action: Repair or replace the roof, gutters, or drainage. Officer Janice Polascik
- 18 DEL-24-094 Property Address: 1371 Comerwood Drive, Deltona, FL 32738 Parcel ID: 813038110190 Property Owner: Lonneria T Bankston 236 Altamonte Bay Club Circle #106 Altamonte Springs, FL 32701 Violation: City of Deltona Ordinance, ection 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
- 19 DEL-24-095 Property Address: 974 Windbrook Drive, Deltona, FL 32725 Parcel ID: 813012010090 Property Owner: Amanda Norville & Kevin Koerick JR. 974 Windbrook Drive Deltona, FL 32725 Violation: City of Deltona Ordinance, Section 14-166 (b) A dog is deemed dangerous if according to code enforcement/sheriff records and the definition under section 14-1—Dangerous dogs, it has; aggressively bitten, attacked or endangered, or has inflicted severe injury (any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery on any human being, or domestic animal lawfully on public or private property; If a dog is the subject of a dangerous dog investigation, the officer shall if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with an animal shelter, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending 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: Larry Sparling
- 20 FIRE-24-0048 Property Address: 122 Hummingbird Steet, Deltona, FL 32725 Parcel ID: 803605070130 Property Owner: Roberto AD Rodriguez Aguilar JR 1282 W Portillo Drive Deltona, FL 32725-6630 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted. Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 13.6.1.2 - Fire extinguishers shall be provided where required by this Code as specified in Table 13.6.1.2, 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, and Ch. 11.1.7.3.1 – Each disconnecting means shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident. In other than one- or two-family dwellings, the marking shall include the identification of the circuit source that supplies the disconnecting means. The marking shall be of sufficient durability to withstand the environment involved. Corrective Action: Provide fire extinguishers for the apartment building, accessible within 75 ft of all points of the structure, tagged by a Florida licensed fire extinguisher dealer. Provide documentation that each dwelling unit is equipped with smoke alarms, label each electrical meter main breaker with corresponding unit numbers. Fire Inspector Lisa Nadeau
- 21 FIRE-24-0050 Property Address: 1229 Providence Boulevard, Deltona, FL 32725 Parcel ID: 813005060010 Property Owner: ECA Buligo Providence Partners LP 13041 W Linebaugh Avenue Tampa, FL 33626 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.13.3.3.3 - Where automatic sprinklers are installed, ceilings necessary for the proper actuation of the fire protection device in accordance with NFPA 13 shall be maintained. Corrective Action: Obtain a permit for the installation of the new A/C condensers. Repair the damaged ceiling grid in the rear stock room and replace the missing ceiling tiles. Fire Inspector Ajorie Bailey
- 22 FIRE-24-0051 Property Address: 577 Deltona Boulevard, Suite 13, Deltona, FL 32725 Parcel ID: 803605090040 Property Owner: Deltona Square LLC 259 E Rand Road Apt 200 Mount Prospect, IL 60056 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 8th Edition, NFPA 1 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: Please provide an electrical junction box to protect the exposed wire ends in the ceiling. Fire Inspector Ajorie Bailey
- 23 FIRE-24-0052 Property Address: 609 Belltower Avenue, Unit A, Deltona, FL 32725 Parcel ID: 803605050120 Property Owner: Roberto AD Rodriguez Aguilar JR 1282 W Portillo Drive Deltona, FL 32725-6630 Violation: City of Deltona Ordinance,: Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 13.6.1.2 - Fire extinguishers shall be provided where required by this Code as specified in Table 13.6.1.2, 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, and Ch. 11.1.7.3.1 – Each disconnecting means shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident. In other than one- or two-family dwellings, the marking shall include the identification of the circuit source that supplies the disconnecting means. The marking shall be of sufficient durability to withstand the environment involved. Corrective Action: Provide fire extinguishers for the apartment building, accessible within 75 ft of all points of the structure, tagged by a Florida licensed fire extinguisher dealer, provide documentation that each dwelling unit is equipped with smoke alarms. Fire Inspector Lisa Nadeau
- 24 FIRE-24-0053 Property Address: 1805 Elkcam Boulevard, Deltona, FL 32725 Parcel ID: 813015160010 Property Owner: % Realty Income Corp 11995 El Camino Real PM 1682 San Diego, CA 92130 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 an electrical permit for the newly installed cooking appliances & associated electrical. Obtain a permit for the installation of the LED lighting in the coolers. Fire Inspector Lisa Nadeau
- 25 FIRE-24-0054 Property Address: 2101 Capri Circle, Deltona, FL 32738 Parcel ID: 813074420250 Property Owner: Grand Avenue ECDC Housing Inc 3200 W Colonial Drive Orlando, FL 32808 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. NFPA 1 Ch. 13.1.9 - Whenever impairments, critical deficiencies, or non-critical deficiencies are identified in water-based fire protection systems maintained in accordance with NFPA 25, they shall be corrected in a time frame approved by the AHJ. Corrective Action: Obtain a permit for the installation of the mobility chair and associated electrical. Have all deficiencies on the fire sprinkler system repaired by a licensed fire sprinkler contractor. Fire Inspector Ajorie Bailey
- 26 FIRE-24-0055 Property Address: 609 Belltower Avenue, Unit C, Deltona, FL 32725 Parcel ID: 803605050123 Property Owner: Roberto AD Rodriguez Aguilar JR 1282 W Portillo Drive Deltona, FL 32725-6630 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 13.6.1.2 - Fire extinguishers shall be provided where required by this Code as specified in Table 13.6.1.2, 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. Corrective Action: Provide fire extinguishers for the apartment building, accessible within 75 ft of all points of the structure, tagged by a Florida licensed fire extinguisher dealer, provide documentation that each dwelling unit is equipped with smoke alarms. Fire Inspector Lisa Nadeau
- 27 FIRE-24-0056 Property Address: 609 Belltower Avenue, Unit B, Deltona, FL 32725 Parcel ID: 803605050122 Property Owner: Roberto AD Rodriguez Aguilar JR 1282 W Portillo Drive Deltona, FL 32725-6630 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 13.6.1.2 - Fire extinguishers shall be provided where required by this Code as specified in Table 13.6.1.2, 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. Corrective Action: Provide fire extinguishers for the apartment building, accessible within 75 ft of all points of the structure, tagged by a Florida licensed fire extinguisher dealer, provide documentation that each dwelling unit is equipped with smoke alarms. Fire Inspector Lisa Nadeau
- 28 FIRE-24-0057 Property Address: 609 Belltower Avenue, Unit D, Deltona, FL 32725 Parcel ID: 803605050124 Property Owner: Roberto AD Rodriguez Aguilar JR 1282 W Portilla Drive Deltona, FL 32725-6630 Violation: City of Deltona Ordinance, : Chapter 42, Article IV, Fire Codes, Ch. 42-186. – Adopted Florida Fire Prevention Code 8th Edition, NFPA 1 Ch. 13.6.1.2 - Fire extinguishers shall be provided where required by this Code as specified in Table 13.6.1.2, 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, and Ch. 11.1.7.3.1 – Each disconnecting means shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident. In other than one- or two-family dwellings, the marking shall include the identification of the circuit source that supplies the disconnecting means. The marking shall be of sufficient durability to withstand the environment involved. Corrective Action: Provide fire extinguishers for the apartment building, accessible within 75 ft of all points of the structure, tagged by a Florida licensed fire extinguisher dealer, provide documentation that each dwelling unit is equipped with smoke alarms. Provide identification on the electrical disconnect for Unit “D.” Fire Inspector Lisa Nadeau
- 11. OTHER AND REPEAT BUSINESS:
- 30 DEL-22-087; DEL-22-088; DEL-22-090 MASSEY & DEL-14-178 Repeat of DEL-13-108 & DEL-12-105 Repeat of DEL-11-021 Property Address: 779 Tulip Street, Deltona, FL 32725 Parcel ID: 813003430190 Property Owner: Carlos Antonio Henriquez-Monserrate 797 Tulip Street Deltona, FL 32725-3517 Violation: #1 - DEL-22-087 Violation: 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. This case was for roof in disrepair. Property owner is requesting a reduction from the amount owed of 522 days @ $50.00 / day = $26,100.00 to $0.00. The current property owner states in the written request of reduction, they were informed by the realtor representing the seller, the current buyer could request a reduction or a forgiveness of the total amount owed. The current owner was aware of all the liens attached to this property, when the transaction to purchase of the property was made. This property is now in compliance with the City and the fine has stopped. Violation: #2 - DEL-22-088 City of Deltona Ordinance, Section 37-10, Public nuisance, which states all blighted and distressed real properties are hereby declared to be public nuisances, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city. Corrective action: Dispose of properly or store inside an enclosed building. Property owner is requesting a reduction from the amount owed of 148 days @ $250.00/ day = $37,000.00 to $0.00. The current property owner states in the written request of reduction, they were informed by the realtor representing the seller, the current buyer could request a reduction or a forgiveness of the total amount owed. The current owner was aware of all the liens attached to this property, when the transaction to purchase of the property was made. This property is now in compliance with the City. Violation: #4 - DEL-22-090 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 structure. This case was for a shed in disrepair. Property owner is requesting a reduction from the amount owed of 148 days @ $150.00 = $22,200.00 to $0.00. The current property owner states in the written request of reduction, they were informed by the realtor representing the seller, the current buyer could request a reduction or a forgiveness of the total amount owed. The current owner was aware of all the liens attached to this property, when the transaction to purchase of the property was made. This property is now in compliance with the City. Violation: #5 - DEL-14-178 Repeat of DEL-13-108 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. This case was for a outdoor storage. Property owner is requesting a reduction from the amount owed of $20,000.00 to $0.00. The current property owner states in the written request of reduction, they were informed by the realtor representing the seller, the current buyer could request a reduction or a forgiveness of the total amount owed. The current owner was aware of all the liens attached to this property, when the transaction to purchase of the property was made. This property had a cap of $20,000.00 for the fine, which capped out at $20,000.00. Violation: #5 - DEL-12-105 Repeat of DEL-11-021 City of Deltona Ordinance, Section 38-110(2), which states that accumulations of waste, yard waste, rubble and/or debris are declared to be a nuisance and must be abated in their entirety. Corrective action: Dispose of properly or store inside and enclosed building. This case was for a outdoor storage. Property owner is requesting a reduction from the amount owed of $20,000.00 to $0.00. The current property owner states in the written request of reduction, they were informed by the realtor representing the seller, the current buyer could request a reduction or a forgiveness of the total amount owed. The current owner was aware of all the liens attached to this property, when the transaction to purchase of the property was made. This property had a cap of $20,000.00 for the fine, which capped out at $20,000.00.
- 31 DEL-23-184 MASSEY Property Address: 1571 Pendleton Street,Deltona, FL 32725 Parcel ID: 813011230510 Property Owner: TAH MS Borrower LLC CO: %Tricon American Homes LLC 1508 Brookhollow Drive Santa Ana, CA 92705 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 $16,550.00 to $1,655.00. The property representative states there was a miscommunication, and the vendor assigned to install the new fence did not pull the required 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: