SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
Wednesday April 22, 2009
5:30 P.M.
Department of Enforcement Services
(Deltona City Hall Commission Chambers)
2345 Providence Boulevard
Deltona, Florida

AGENDA


1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. SPECIAL MAGISTRATE STATEMENT

4. DISCLOSURE OF EX PARTE COMMUNICATIONS

5. APPROVAL OF MINUTES - March 25, 2009

6. ANNOUNCEMENTS

7. SWEARING IN OF OFFICERS AND WITNESSES

8. OLD BUSINESS:

A. DEL-08-217
Rachel M. Thompson
915 Rockhill St., Deltona, Florida 32725
Property Address: 915 Rockhill St., Deltona, Florida 32725
Parcel No.: 30-18-31-24-03-0180

Violation of the 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. (Enforcement Services Officer Richard Lovett)


B. DEL-09-023
Michael & Norma Soto
P.O. Box 5938, Deltona, Florida 32728
Property Address: 3237 London Ave., Deltona Florida
Parcel No.: 30-18-31-35-15-0090

Violation of 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 kept in good repair. (Enforcement Services Officer Danny Ron)

C. DEL-09-035
Kevin W. & Sherry Lynn Davis
1752 Mayhill St., Deltona, Florida 32738-4175
Property Address: 1752 Mayhill St., Deltona, Florida 32738-4175
Parcel No.: 30-18-31-43-11-0020

Violation of the 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(s) for shed(s) on the property. (Enforcement Services Officer Dwight Neumeyer)

D. DEL-09-054
Diana Browne
852 Yellowbird Ave., Deltona, Florida 32725
Property Address: 852 Yellowbird Ave., Deltona, Florida 32725
Parcel No.: 30-18-31-05-67-0160

Violation of the 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 for your garage enclosure. (Enforcement Services Officer Richard Lovett)

E. DEL-09-062
Viola Shepherd
P.O. Box 100487, Brooklyn, NY 11210
Property Address: 2290 Henry Lane, Deltona, Florida
Parcel No.: 30-18-31-45-17-0030


Violation of City of Deltona Ordinance, Section 18-5, reference 304.7, adopting the latest edition of the International Property Maintenance Code, which states that the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure (Enforcement Services Officer Richard Lovett)

F. DEL-09-066
Milton F. and Christen R. Castro
2300 Newmark Dr., Deltona, Florida 32738
Property Address: 2300 Newmark Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-45-54-0460

Violation of the 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 for your fence. (Enforcement Services Officer Steve Braukhoff)

G. DEL-09-067
Betsy L. Whack
1117 Anderson St., Deltona, Florida 32725
Property Address: 1117 Anderson St., Deltona, Florida 32725
Parcel No.: 30-18-31-05-23-0030

Violation of City of Deltona Ordinance, Section 18-5, reference 304.7, adopting the latest edition of the International Property Maintenance Code, which states that the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure (Enforcement Services Officer Dwight Neumeyer)
H. DEL-09-068
Pablo A. and Raquel M. Lopez
862 Horizon St., Deltona, Florida 32725-9211
Property Address: 862 Horizon St., Deltona, Florida 32725-9211
Parcel No.: 30-18-31-24-05-0220

Violation of 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 materials intended to be used in the fireplace or other permitted burning facilities, shall be permitted only in the rear yard to the rear of the wall of the home. (Enforcement Services Officer Julie Hughes)

I. DEL-09-069
Kenneth J. and Deshika W. Mitchell
2581 Dorchester Dr., Deltona, Florida 32738
Property Address: 2581 East Dorchester Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-32-34-0200

Violation of City of Deltona Ordinance, Section 38-110 (2), which states that accumulations of waste, yard trash, rubble and or debris are declared to be a nuisance and must be abated in their entirety. (Enforcement Services Officer Albert Grimsley)

J. DEL-09-070
Kenneth J. and Deshika W. Mitchell
2581 Dorchester Dr., Deltona, Florida 32738
Property Address: 2581 East Dorchester Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-32-34-0200

Violation of the City of Deltona Ordinance, Section 18-5, reference 304.2, adopting the latest edition of the International Property Maintenance Code, 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. (Enforcement Services Officer Albert Grimsley)

K. DEL-09-071
Kenneth J. and Deshika W. Mitchell
2581 Dorchester Dr., Deltona, Florida 32738
Property Address: 2581 East Dorchester Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-32-34-0200

Violation of the City of Deltona Ordinance, Section 18-5, which adopts the latest edition of the International Property Maintenance Code, Section 302.7, which states that all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. (Enforcement Services Officer Albert Grimsley)

L. DEL-09-072
Pablo A. and Raquel M. Lopez
862 Horizon St., Deltona, Florida 32725-9211
Property Address: 862 Horizon St., Deltona, Florida 32725-9211
Parcel No.: 30-18-31-24-05-0220

Violation of City of Deltona Ordinance, Section 38-110 (2), which states that accumulations of waste, yard trash, rubble and or debris are declared to be a nuisance and must be abated in their entirety. (Enforcement Services Officer Julie Hughes)

M. DEL-09-075
Joseph Rose and Judithann Galloway
1528 N. Normandy Blvd., Deltona, Florida 32725
Property Address: 1528 N. Normandy Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-32-0260

Violation of City of Deltona Ordinance, Section 18-5, reference 304.7, adopting the latest edition of the International Property Maintenance Code, which states that the roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure (Enforcement Services Officer Jody Palermo) 

9. NEW BUSINESS:

A. DEL-09-073
Joseph Rose and Judithann Galloway
1528 N. Normandy Blvd., Deltona, Florida 32725
Property Address: 1528 N. Normandy Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-32-0260

Violation of City of Deltona Ordinance, Section 66-56, which prohibits all vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition, or are without a current state license tag if required, or they must be stored in an enclosed garage. (Enforcement Services Officer Jody Palermo)

B. DEL-09-074
Joseph Rose and Judithann Galloway
1528 N. Normandy Blvd., Deltona, Florida 32725
Property Address: 1528 N. Normandy Blvd., Deltona, Florida 32725
Parcel No.: 30-18-31-03-32-0260

Violation of the City of Deltona Ordinance, Section 66-18(h), "Restrictions on trucks and other vehicles" which states that a maximum of (2) vehicles may be parked on the side or rear yard. (Enforcement Services Officer Jody Palermo)

C. DEL-09-077
Tomas Wong
2173 Clearwater Dr., Deltona, Florida 32738
Property Address: 2173 Clearwater Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-45-47-0050

Violation of City of Deltona code of Ordinance, Section 66-18(h) which states that a maximum of two vehicles may be parked in the side or rear yards. (Enforcement Services Officer Mark Gibson)

D. DEL-09-080
Gregory S. Bond ETALS
656 San Pablo Ave., Casselberry, Florida 32707
Property Address: 2580 Ludlow St., Deltona, Florida 32738
Parcel No.: 30-18-31-33-06-0060

Violation of City of Deltona code of Ordinance No. 11-2007, Section 22-4, which states that the owner of record of each dwelling unit or rooming house in which a residential quarters are rented or offered for rent to persons other than the owner or owner's immediate family, shall make written application to the City of Deltona for a local business tax license and provide a local point of contact person for each dwelling unit. (Enforcement Services Officer Danny Ron)

E. DEL-09-081
Danielle Mikler
3147 Mapleshade St., Deltona, Florida 32738
Property Address: 3147 Mapleshade St., Deltona, Florida 32738
Parcel No.: 30-18-31-73-02-0180

Violation of the 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 for your fence. (Enforcement Services Officer Danny Ron)

F. DEL-09-082
Donald A. Gibb
PO Box 180256, Coronado, CA 92118
Property Address: 1462 Randolph St., Deltona, Florida 32738
Parcel No.: 30-18-31-05-38-0110

Violation of the 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 for your fence repairs or remove it. (Enforcement Services Officer Steve Braukhoff)

G. DEL-09-083
Daniel Williams
1898 Van Allen Circle, Deltona, Florida 32738
Property Address: 1898 Van Allen Circle, Deltona, Florida 32738
Parcel No.: 30-18-31-36-05-0050

Violation of the 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 for your shed or remove it. (Enforcement Services Officer Richard Lovett)

H. DEL-09-086
Juan C. and Edilia Subiry
PO Box 352, Deltona, Florida 32728
Property Address: 2955 Elkcam Blvd., Deltona, Florida
Parcel No.: 30-18-31-74-35-0080

Violation of the City of Deltona Ordinance, Section 58-31, use of city rights-of-way. Consent is required. Pursuant to the police power of the City, the City Commission determines, in the interest of the health, safety and welfare of its citizens, that the use of any city right-of-way, including appendages, and the use of any public lands under the authority of the city commission, except for their intended purpose, without prior written consent of the city shall be prohibited. (Enforcement Services Officer Danny Ron)

I. DEL-09-087
Juan C. and Edilia Subiry
PO Box 352, Deltona, Florida 32728
Property Address: 2955 Elkcam Blvd., Deltona, Florida
Parcel No.: 30-18-31-74-35-0080

Violation of City of Deltona code of Ordinance No. 11-2007, Section 22-4, which states that the owner of record of each dwelling unit or rooming house in which a residential quarters are rented or offered for rent to persons other than the owner or owner's immediate family, shall make written application to the City of Deltona for a local business tax license and provide a local point of contact person for each dwelling unit. (Enforcement Services Officer Danny Ron)

J. DEL-09-088
Patricia A. Hoff
PO Box 5979, Deltona, Florida 32728
Property Address: 1083 Tivoli Dr., Deltona, Florida
Parcel No.: 30-18-31-07-43-0340

Violation of 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 a lot across the full width of the lot between the front lot line and front most part of the principle structure. (Enforcement Services Officer Albert Grimsley)

10. REPEAT CASES: None

11. OTHER BUSINESS:

A. DEL-08-125
JP Morgan Chase Bank
National Association TR c/o EMC Mortgage Corporation
2780 Lake Vista Dr., Lewisville, Texas 75067
Property Address: 3216 South Dorchester Dr., Deltona, Florida
Parcel No.: 30-18-31-32-35-0030

Violation of the City of Deltona Ordinance, Section 18-5, which adopts the latest edition of the International Property Maintenance Code, Section 304.6, which states that all exterior walls shall be free from holes, breaks, loose or rotting surfaces and that the surfaces shall be properly coated and shall be maintained where required to prevent deterioration. (Enforcement Services Officer Albert Grimsley)

Gray/Robinson Attorneys at Law, will represent JP Morgan Chase Bank in seeking a recommendation for a reduction in fine for the current $10,000.00 fine on the property located at 3216 S. Dorchester Dr., Deltona, Florida.

12. DISCUSSION:

A. By the Special Magistrate
B. By the Enforcement Services Director


13. ADJOURNMENT

NOTE: If any person decides to appeal any decision made by the Code Enforcement Special Magistrate 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 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 Clerk, at least three (3) working days in advance of the meeting date and time at (386) 878-8100.

 




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