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SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
Wednesday May 27, 2009
5:30 P.M.
Department of Enforcement Services
(Deltona City Hall Commission Chambers)
2345 Providence Boulevard
Deltona, FloridaAMENDED AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE 3. SPECIAL MAGISTRATE STATEMENT 4. DISCLOSURE OF EX PARTE COMMUNICATIONS 5. APPROVAL OF MINUTES - April 22, 2009 6. ANNOUNCEMENTS 7. SWEARING IN OF OFFICERS AND WITNESSES 8. OLD BUSINESS: A. DEL-09-031
Lisa M. Staley
2579 Ainsworth Ave., Deltona, Florida 32738-2549
Property Address: 2579 Ainsworth Ave., Deltona, Florida 32738-2549
Parcel No.: 30-18-31-32-0140 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 Danny Ron) B. Del-09-032
Lisa M. Staley
2579 Ainsworth Ave., Deltona, Florida 32738-2549
Property Address: 2579 Ainsworth Ave., Deltona, Florida 32738-2549
Parcel No.: 30-18-31-32-0140 Violation of City of Deltona Ordinance, Section 18-5, reference 304.6, adopting the latest edition of the International Property Maintenance Code, which states that exterior walls shall be free from holes, breaks, loose or rotting surfaces and the surface properly coated where required to prevent deterioration. (Enforcement Services Officer Danny Ron) C. DEL-09-033
Lisa M. Staley
2579 Ainsworth Ave., Deltona, Florida 32738-2549
Property Address: 2579 Ainsworth Ave., Deltona, Florida 32738-2549
Parcel No.: 30-18-31-32-0140 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 the roof. (Enforcement Services Officer Danny Ron) 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-09-060
Walter and Larhonda Bell
2018 Wallingford St., Deltona, Florida 32738
Property Address: 2018 Wallingford St., Deltona, Florida 32738
Parcel No.: 30-18-31-17-03-0020 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 for your garage conversion/doors. (Enforcement Services Officer Steve Braukhoff) F. 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) G. 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) H. 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) I. 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) 9. NEW BUSINESS: A. DEL-09-089
Juan C. and Edilia Subiry
PO Box 352, Deltona, Florida 32725
Property Address: 2955 Elkcam Blvd., Deltona, Florida Violation of the City of Deltona Ordinance, Section 38-113, which states that it shall be the responsibility of every owner, agent or tenant of improved property in the City to ; at all times, maintain those Right-of-Ways most abutting their property. (Enforcement Services Officer Danny Ron) B. DEL-09-090
Jacqualine Allen & Tiffany Vega
657 Leland Drive, Deltona, Florida 32725
Property Address: 657 Leland Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-20-01-0060 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) C. DEL-09-091
William E. Ewald
919 East Fairbairn Dr., Deltona, Florida 32725
Property Address: 919 East Fairbairn Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-22-23-0030 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) D. DEL-09-094
Leslie M. and Robert M. Porter
3164 North Covington Dr., Deltona, Florida 32738
Property Address; 3164 N. Covington Dr., Deltona, Florida 32738
Parcel No.: 30-18-31-32-99-0070 Violation of City of Deltona Ordinance, 66-19(3), which states 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 Danny Ron) E. DEL-09-095
Howard W. Osborne
1416 West Hartley Circle, Deltona, Florida 32725
Property Address: 1416 West Hartley Circle, Deltona, Florida 32725
Parcel No.: 30-18-31-01-13-0500 Violation of City of Deltona Ordinance, Section 14-3(a), it shall be unlawful to keep, maintain or raise in the City the following animals:
Any artiodactyla (even toed) or Perissodactyla (odd toed) ungulate, including but not limited to animals in the genus Bos (cows), all species; Ovis (sheep) and Capra (goats), all species; and all other hoofed animals, along with chickens, roosters, turkeys, peacocks, geese and ducks. (Enforcement Services Officer Julie Hughes) F. DEL-09-096
Ernesto and Margarita Henao
10515 Azalea Dr., Port Richey, Florida 34668
Property Address: 1158 Tivoli Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-07-61-0020 Violation of City of Deltona Ordinance No. 11-2007, Chapter 22, 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 Albert Grimsley) G. DEL-09-097
Ernesto and Margarita Henao
10515 Azalea Dr., Port Richey, Florida 34668
Property Address: 1158 Tivoli Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-07-61-0020 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) H. DEL-09-098
Ernesto and Margarita Henao
10515 Azalea Dr., Port Richey, Florida 34668
Property Address: 1158 Tivoli Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-07-61-0020 Violation of City of Deltona Ordinance, Section 18-5, reference 304.2, adopting the latest edition of the International Property Maintenance Code, which states that exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences. Surfaces shall be kept in sound working condition and maintained in good repair. (Enforcement Services Officer Albert Grimsley) I. DEL-09-099
Ernesto and Margarita Henao
10515 Azalea Dr., Port Richey, Florida 34668
Property Address: 1158 Tivoli Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-07-61-0020 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 and roof water shall not be discharged in a manor that creates a public nuisance. (Enforcement Services Officer Albert Grimsley) J. DEL-09-100
Ernesto and Margarita Henao
10515 Azalea Dr., Port Richey, Florida 34668
Property Address: 1158 Tivoli Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-07-61-0020 Violation of City of Deltona Ordinance, Section 18-5, reference 304.8, adopting the latest edition of the International Property Maintenance Code, which states that all cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (Enforcement Services Officer Albert Grimsley) K. DEL-09-101
Ernesto and Margarita Henao
10515 Azalea Dr., Port Richey, Florida 34668
Property Address: 1158 Tivoli Dr., Deltona, Florida 32725
Parcel No.: 30-18-31-07-61-0020 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 all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair. (Enforcement Services Officer Albert Grimsley) L. DEL-09-102
Edwin Encarnacion
2400 Eldridge St., Deltona, Florida 32738-1837
Property Address: 2400 Eldridge St., Deltona, Florida 32738-1837
Parcel No.: 30-18-31-33-17-0010 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 addition, You require a permit or an extension of this permit. (Enforcement Services Officer Danny Ron)
10. REPEAT CASES:
11. OTHER BUSINESS:
A. DEL-08-122
Deutsche Bank National Trust Co TR
10801 6th St., #130, Rancho Cucamonga, CA 91730
Property Address: 1130 East Page Drive, Deltona, Florida
Parcel No.: 30-18-31-55-24-0150
Violation of City of Deltona Ordinance, Section 18-5, which adopts 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) A Legal Representative of Deutsche Bank National Trust Co TR, (Law Offices of David J. Schneid) has/have requested to come before the Special Magistrate for a recommendation to reduce the current $10,000.00 fine for this violation. B. DEL-08-123
Deutsche Bank National Trust Co TR
10801 6th St., #130, Rancho Cucamonga, CA 91730
Property Address: 1130 East Page Drive, Deltona, Florida
Parcel No.: 30-18-31-55-24-0150 Violation of 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 Danny Ron) A Legal Representative of Deutsche Bank National Trust Co TR, (Law Offices of David J. Schneid) has/have requested to come before the Special Magistrate for a recommendation to reduce the current $10,000.00 fine for this violation. C. DEL-09-103 (Emergency Hearing due to Safety Concerns)
Gladys Falcom and Reynaldo Rangel
37South Courtland Blvd., Deltona, Florida 32738
Property Address: 37 South Courtland Blvd., Deltona, Florida 32738
Parcel No.: 30-18-31-63-29-0010 Violation of City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.15, which states that the exterior of a structure shall be maintained in good repair and all exterior doors and hardware shall be maintained in good condition. (Enforcement Services Officer Jody Palermo) D. DEL-09-105 (Emergency Hearing due to Safety Concerns)
Gladys Falcon and Reynaldo Rangel
37 South Courtland Blvd., Deltona, Florida 32738
Property Address: 37 South Courtland Blvd., Deltona, Florida 32738
Parcel No.: 30-18-31-63-29-0010 Violation of City of Deltona Ordinance, Section 18-5, adopting the latest Edition of the International Property Maintenance Code, Section 303.2, which states that private swimming pools, hot tubs and spas, containing more than 24 inches (610 mm) in depth shall be completely surrounded by fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. (Enforcement Services Officer Jody Palermo) 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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