of March 26, 2025 to order. The first thing on the agenda is the roll call, so I will have all of the Code Compliance Officers introduce themselves. Officer Gibson, Code Compliance Supervisor. Danny Rod, Code Compliance Manager. Sam Schaller, Deputy Fire Marshal. Eason Addo, Fire Inspector. Jessica Cotterman, Hearing Clerk. Hector Sinceno, Code Compliance Clerk. Todd Meade, Code Compliance Supervisor. Thank you. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Next on the agenda is my statement about how the hearing is going to proceed this evening. I am going to read this so I don't forget anything. We are here tonight because the City of Deltona has contended that there are violations of the Deltona City Code that exist. This is a public meeting, which means that no general public comment will be accepted, but each of the respondents and the Code Compliance Officers here tonight and any witnesses each of you call will be able to present evidence to me regarding each case and the violations of the Deltona City Code that are being alleged. I am an attorney and appointed by the City Commission to render decisions in these code enforcement cases to determine if a violation of the City Code exists and what fine will be imposed, if any. If you are here for a Massey case, you might see that next to your case number on the agenda. That means that I will be determining solely whether you have come into compliance in a timely manner in accordance with the previous order the special magistrate issued in your case and will not be reopening the case to determine whether or not a violation existed in the first place. Any decision I make this evening will be put into a written format in the form of an order. A copy of my written order will be provided to the City and then mailed to you as well. It is important to note that for any order I issue, you may appeal by filing a written notice of appeal with the Circuit Court within 30 days of the execution of my order pursuant to Florida Statute Section 162.11. The procedure of the hearing today will be governed by Chapter 162 Florida Statutes. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Hearsay is admissible, but only to support other competent and substantial evidence. If you are a respondent, you will be able to testify, tell me what you think I need to know about your case, present evidence, and witnesses. Your testimony will be under oath, so I will be swearing you in, and this hearing is being recorded. For each case, I will call the case number, and the City will proceed first. The City has a burden of proving that the code violation exists. Then you will be allowed to respond. For each case, I intend to admit the case file and the PowerPoint presentation that will be shown, and you should have received a copy of that when you came in this evening. If you did not receive it, please let me know, and I will admit the case file in the PowerPoint unless a specific objection is received. I will take the cases in the order generally that you signed in, first come, first serve, and I do have some cases to announce that have been withdrawn or continued, so I will read those out. The withdrawn cases are DEL 24-096 Massey, 1385 Comerwood Drive, DEL 25-003 1730 Hillendale, DEL 25-096 Massey, 1385 Comerwood Drive, DEL 25-028 2917 Cortland Boulevard, DEL 25-030 962 North Village Drive, DEL 25-032 3161 Telford Lane, DEL 25-035 2893 Monarch Avenue, DEL 25-036 698 North Apache Circle, and FIRE 009-2025 481 Deltona Boulevard. The continued cases are DEL 25-023 2101 Kingswood Avenue, and DEL 25-037 960 Shore Crest Avenue. If you are here for any of those cases that I just read, you do not need to stay. They will not be heard this evening. I will go ahead and swear in everyone who intends to testify today as a group, which includes the Code Compliance Officers. If you intend to speak to me tonight and present a testimony, please stand. If you're able, raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, please say I do. Thank you. All right. I have no ex parte communications to disclose, so we will go ahead and get started with the cases. First is FIRE-010-2025 1307 East Normandy Boulevard. Good evening, Your Honor. Good evening. For the record, my name is Samuel Schaller. I'm employed by the City of Deltona as the Assistant Fire Marshal. This will be case number FIRE-010-2025, City of Deltona versus Pajan Medical Center, LLC. The property address is 1307 East Normandy Boulevard, Deltona, Florida, 32725. Parcel ID is 813-005-460-180. This is a violation of City of Deltona Ordinance Chapter 42, Article 4, Fire Codes Chapter 42-186, which adopts the most recent edition of the Florida Fire Prevention Code, as adopted by the State Fire Marshal, which contains the Florida-specific version of NFPA 1 Fire Code, Section 171210, which requires a permit be issued by the authority of jurisdiction prior to any construction work occurring in a building. Corrective action for said violations is to obtain a building permit for the demolition of the interior walls and doors, the opening created between both suites, and the newly constructed wall and door in the rear room of Suite 1. Statutory requirements for notification of this hearing have been met. The notice of hearing and notice of code violations were sent certified mail to the property owner at the address listed with the property appraiser's records. In addition, both notices were posted at the property and at City Hall at least 10 days prior to this hearing. All of the evidence in this case, including the photographs, had been marked as exhibits and submitted to the Special Magistrate Clerk. I certify any and all photographs to be true and accurate portrayals of what I observed on the day that they were taken. On October 16, 2024, it was found that the above-mentioned work had been conducted inside of this building without permit. A fire inspection report was sent to the occupant regarding the matter, along with a picture of the floor plan on file for the space, highlighting which walls and doors were removed and which wall was added. On February 3, 2025, seeing that no permit had been applied for, a second fire inspection report was sent to the building occupant. Site visit on March 14, 2025 found the work still in place with no permit applied for. I did receive a call last week from a general contractor named Mr. David. He was requesting information regarding what would be required for permits and middles along the lines of drawings, floor product approvals for any work done, et cetera. Detailed information was given, and he let me know that he was working on the permit. As of today's date, the space remains as is, with no permit applied for. In closing, the city would like to request 90 days for the property to come into compliance with the remainder of the violations for a fine of $50 per day until such time that the property owner has notified the city of compliance. Thank you. So, this is a church? It is a funeral parlor, Your Honor. Okay. All right. And there, you have identified in, is it identified in the inspection notes, the various, you said, walls and doors that were either removed and then changed location? It should be. I apologize. This was a case I took over from Chief Shivers. I can review the inspection notes. Yes, Your Honor, the removal of walls, addition of a new door and wall, as well as the creation of an opening with double doors to connect the spaces. Okay. And the, well, I think the only other question I had is the compliance deadline says 2-21-2024. I assume that that was in Scrivener's error and it should say 2025? Yes, Your Honor. Okay. All right. Is the property owner here? There's a, the building occupant, he is here. Okay. You can come forward and can you state your name and address for the record, please? Alfred Graham. And your address? 13-070 is normally Boulevard. Okay. And are you the owner or of the, okay. All right. What would you like to tell me about the case? Well, for one, I had no intentions of breaking no, breaking no laws and no codes. Um, I hired a contractor and he got me. So, uh, you know, but my determination is really to get this situated. I think about everybody here. I done seen when I came to the office, you know, trying to get everything done, but we got somebody on there. He came yesterday, a day, all the measurements with the radar and all that kind of stuff. So we want to get this done quickly as possible. Okay. All right. And you believe that the 90 days will be sufficient? Yeah, I talked to Mr. David today. He said that'll be fine. Okay. All right. Thank you. Is there anything else before I make my ruling? All right. Um, I'm going to find respondent in this case in violation of the city code as charged and that respondent correct the violation before four o'clock p.m. on June 24th, 2025, which is 90 days. Um, in the event respondent does not comply by the state, a fine in the amount of $50 per day will be imposed for each day. The violation continues past the forced data date. Respondent is further ordered to contact the code compliance inspector to verify compliance with this order. I'm going to admit the case file and PowerPoint as exhibits and I find the notice is properly given in this case. Thank you. All right. The next case is DEL 25-038, 1787 Dublin Road. Good evening. All right. Good evening. My name is Todd Meade. I'm employed by the city of Deltona as a co-compliant supervisor. This will be case number DEL 25038. The city of Deltona versus Enrique Ventura and Luis Avalo. The property address is 1787 Dublin Road, Deltona, Florida 32738. The parcel ID number is 813-045-260-220. This is a violation of the city of Deltona ordinance section 18-5 adopting the latest edition of the international property maintenance code section 304.1 which states the exterior 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 for said violations to repair replace or maintain a good repair any exterior surfaces roof or remove tarps obtain permits if required the statutory required for this notification this hearing have been met by the notice of hearing and notice of code violations sent certified mail to the property owner at the address listed with the property appraiser's record in addition both notices were posted on the property and at city hall at least 10 days prior to this hearing all the evidence in this case including the photographs have been marked as exhibits and submitted to the special magistrate clerk i certify any and all photographs to be true and accurate portrayals of what i observed on the day they were taken so this case is uh initial officer uh did the initial investigation i'm following up but i've reviewed the notes of his so i'm presenting it from his notes on june 20 on june 17th of 2024 officer conducted inspection on the property the tarp was reserved on the roof the offer said a re-inspection for 60 days on august 13th of 2024 the inspection was done there was no indication of repairs having been done to the roof the officer left a door hanger notice for the homeowner the resident provided proof pending litigation with the insurance company property remained in violation upon a further inspection on october 15th of 2024 the property was not in compliance on the inspection of january 27th of 2025 and a notice of violation was posted the notice for hearing for the special magistrate case was posted on march 12th of 2025. the city would like to request six days for the property to come into compliance or a fine of 25 dollars per day to be imposed until such time that the property owner has notified the city of compliance all right so now is this today um because i don't see a tarp so at the at the peak look at this there's uh sandbags and a tarp running on along the top oh okay i see just along the whole the peak of the roof yes there's there's uh this is a side view coming up to the house up the street and then if you go to the next picture it should be a front front view so these are sandbags with a tarp running the full length of the top peak of the roof okay thank you there's a property owner here yes good evening could you say your name and address for the record yes my name is enrique da ventura my address is 1787 dublin road in daltona okay what would you like to tell me about the case well uh we're just waiting for the permits from the county uh to replace our um roof okay at this moment we sign um in march 1st with a roof company to start um the process still waiting for the permits okay are you aware mr mean if there's a permit any notes for any pending review of a permit as yet in the city city office i'll have to it is the city does have the permit application yes okay okay all right all right and so do you believe um 60 days to be sufficient to get the roof repaired i believe so okay i don't know how long it's going to take um to get the permit okay i would believe i would assume that that would be fairly quick um i don't know if the city can comment on that mr ron i'm actually looking right because i don't see a permit for the re-roof yet no i didn't see one no i'm sorry you said you did not i didn't see anything applied for submitted from a contract or the homeowner you did not so ma'am the contractor has not applied for a permit yet for the re-roof of the city yeah so i don't know if there is some confusion there because you mentioned the county but the permit application would have to be submitted to the city i'm sorry i referred to the city okay okay and when i spoke to the salesperson that we signed the contract he he told me that they were already submitted the permit and they were waiting for um okay for the answer um well i do have a contract here signed with the company okay and that's good um i think that you'll probably need to follow up with them because according to the city we they don't have a permit application in the system so i'm sure you would want to follow up with them um for the city um i might suggest we do a little longer than 60 days just in case because of this issue um let me see so 60 days would be may 26th i'm going to suggest um june 13th would the city be amenable to that we have no problem with that all right anything else before i make my ruling all right that's it thank you all right i find respondent in this case in violation of the city code as charged and that respondent correct the violation before four o'clock pm on june 13th 2025 any event respondent does not comply by this date a fine in the amount of 25 per day will be imposed for each day the violation continues past the aforesaated date respondent is further ordered to contact the co-compliance inspector to verify compliance with this order i'm going to admit the case file and powerpoint as exhibits and i find the notices properly given in this case thank you thank you all right the next case is del 23-242 massey 337 75 trade street good evening my name is sashan gregory i am employed by the city of deltona as a code compliance officer this will be massey case number del 23-242 the city of deltona versus marisol rodriguez carl joseph jr risner and yvette risner the property address is 37 75 trade street the parcel id number is eight one three zero six two three seven zero zero three zero the statutory requirements for notification of this hearing have been met by the notice of hearing and the notice of code violations sent certified mail to the property owner at the address listed with the property appraiser's records in addition both notices were at the were at city hall at least 10 days prior to this hearing all the evidence in this case including photographs have been marked as exhibits and submitted to the special magistrate clerk i certify any and all photographs to be true and accurate portrayals of what i observed on the day they were taken it was ruled on august 23rd 2023 that the property owner was given 60 days to comply the owner did not come into compliance with within those 60 days and has been receiving a fine of 25 a day since october 22nd of 2023 as of today the property has secured a total fine of thirteen thousand twenty five dollars over 521 days the city is requesting that the fines continue at 25 dollars per day all right thank you so um been a bit since we had this hearing so can you please remind me what is this the way that the property looked in in 2023 do you have the um photos from the violation yeah so this one this photo that you see now that is the one from 2023 okay could you go to the other one please and that's what it is as of today that's what it looks like okay can you toggle back and forth one more time all right and so and then today so there's actually less siding on the building than there was originally yes ma'am okay is the property owner present would you like to come forward good evening could you say your name and address for the record call rising my address is 596 mountainway avenue dotona florida okay that's where i live i'm sorry that's where i live my address but you on the property correct yes yeah me and mannesota okay um what would you like to tell me about the case well the first time this happened in hurricane ian um we um submitted the paperwork to the insurance company we're deciding coming off the house to get a fix and we waited for a while and then we find out that the insurance company went bankruptcy so we had this lawyer in the case and after time went by nothing was happening we got new insurance on the house and um now um the last hurricane that we got last year did more damage with deciding and we still waiting on on the money for the insurance company so now we got a new lawyer on the case and they just haven't have a date to cut the check yet but that's what we're waiting on it's actually exciting actually and uh on the side there and in the back the back of the house too has siding missing you're showing all those pictures all right well this is a messy hearing so all i'm trying all i'm determining is whether you came into compliance um within the time period that i ordered and that deadline was october 22nd of 2023 so um we're obviously well beyond that um so i'm going to find that you know you haven't come into compliance it sounds like there have been some obviously you've had some issues with your insurance company you might uh i suggest you might want to speak with mr ron i think he stepped out for the moment but um you know there's a possibility of requesting a lien reduction once you do come into compliance um but that's only after you actually have fixed the home all right is there anything else before i make my ruling um they told me they wanted um proof since i have that proof of proof of what exactly of um what's happening with this case um with the lawyer and the new insurance company they want to know the new insurance company i have all that here yeah i don't think i need to see that i understand i mean your testimony but again all i'm determining at this point is whether you did come into compliance within the time that i ordered um and which it's apparent that that you didn't um so that's really all i need to know at this point all right all right thank you um i'm going to find respondent in this case failed to correct the violation five times specified in the special magistrates prior order in this case and the fine will be imposed to set forth in that order and will continue to run until the property is brought into compliance and an affidavit of compliance has been filed by the co-compliance inspector respondent shall notify the co-compliance inspector to verify compliance i'm admitting the case file on the powerpoint as exhibits and i find the notices properly given in this case thank you thank you everyone that's left okay all right so i understand the only everyone that's here is for the dangerous dog case yes all right um so we will go ahead and do that one so that is del for the record del 25-039 for a dangerous dog at 1753 mayhill street good evening hello my name is yvette lamar i'm employed for the city of deltona as an animal control officer this is the case number del 25039 the city of deltona versus liz johanna cologne cruz and elliot omar paez cadone the property address is 1753 mayhill street deltona florida 32738 the parcel id number is 813-043-130-130 this is a violation of city of deltona deltona ordinance section 14-1 dangerous dog means a dog that according to the order of the appropriate authority has killed a domestic animal or more than once severely injured a domestic animal while off owner's property has aggressively bitten attacked or endangered or has inflicted severe injury on a human being on public or private property on monday february 17th 2025 approximately 11 a.m i responded to a call from central for 1761 mayhill street for a dog on dog attack upon arriving at the address i walked up to the door where i was greeted by a deputy brenda and her grandson brenda explained that she let her dogs out to use the bathroom and didn't see the other two dogs in her yard the dogs entered her yard under the broken fence from 1751 mayhill where they live she stated the dogs attacked her dog snoopy the two dogs were tugging on him back and forth she showed me the location of the dogs in her yard and of her dog laying lifeless on the ground when she saw the when i saw the size of the dogs i called for assistance from other officers when officer 809 arrived we went into the backyard to catch the dogs when we stepped out into the yard the dogs aggressively charged at us officer 809 was able to get the male dog super on the catch pole the female spooky tried to go after officer 809 i stepped in front of him with the catch pole and she ran off towards the backyard i ran back towards her to remove her from the yard and she ran back towards the shed she ran past me and back to the corner of the yard she kept growling and snapping at me showing all her teeth in an aggressive manner i was able to catch her get her head on the catch pole officer 809 and i walked the animals out to the animal control truck the dogs were fighting against us as we were walking to the truck due to the size of the dog and how they were behaving officer 809 called for additional assistance officer 818 arrived on scene a short time later and helped us get the dog safely into the boxes on the back of my truck officer 818 and 805 tried to make contact with the owner at 1753 mayhill but no one answered the door a door hanger was left to notify the owner of what took place that day i transported the dogs to halifax humane society where they are currently being held when i arrived at halifax they were still being aggressive and i had to remove them with the catch pole i do have witnesses to present the state of the details of what was observed that morning on the 17th and i am requesting that all the requirements be met as stated in section 14-166 for dangerous dog um so can you explain what provision of the of the ordinance that you're referring to that you believe requires me to find that the dog is dangerous so part of the statute the it has killed a domestic animal or more than once severely injured a domestic animal but it killed one domestic animal on its property all right so the the other dog that was attacked was killed correct give me just a moment all right the section all right the definition of dangerous dog in the deltona city ordinance is in which section section 14-1 is where the definition is and then 14-166 is a classification and it's letter b all right the city of deltona ordinance is has a different definition than state statute um with regard to dangerous dogs um i'm looking at the fact that the florida statute says a dangerous dog is has more than once severely injured or killed a domestic animal the dangerous dog section of the deltona city ordinance says has killed a domestic animal or more than once severely injured a domestic animal so i think there is a difference there there is that's why we go about a city ordinance because it says or not end well okay um understood okay i will um hear from the dog owner um or actually i'm sorry did you want to present any witnesses first before we move on okay we have the witnesses all right with brenda good evening could you state your name and address for the record brenda brendage 1761 mayhill street deltona okay what would you like to tell me are you the owner of the dog that passed yes i'm sorry um what would you like to tell me about the incident when i got home i let my dogs in the backyard to use the bathroom whatever they got to do most of them had stayed up by the front door and i had called them to come in and as i did i let them in and i had noticed that there was a dog missing and when i looked up i saw one of the pit bulls i didn't see the other one and then i had saw my dog laying behind the trampoline lifeless and then the other pit bull went to pick up my dog and mull him more and i then yelled put him down which he did and then they run freely in the whole front in the backyard this isn't the first time that i've had problems with his dogs i got tore up by two other ones that he has on my leg that came into my yard and i feel that this should not have even came to this point to killing my dog dogs he shouldn't have you can't take care of them come on and so when you let me just ask the question are you asking me to find more than one dog with the diversity of two dogs that day that are in halifax you have two dogs so you're asking me to find both of them dangerous those are the dogs that were in the backyard that were fighting over her dog so my the answer to my question is yes you're asking me to find two dogs it's super and spooky okay um but only one of them killed the dog correct no ma'am she told us that they were tugging back and forth over the dog yes so both dogs were fighting over one dog how can you prove that one dog killed it and not both well so you're but i thought your testimony was that you you didn't see what happened initially and then another dog came over and picked it up and tried to drag it to the to go into their backyard and i then yelled to say put him down and they put the dog down okay they were both black so it's hard to tell which one did the damage they were both in the backyard before i got home and before i let my dogs out okay um did did you see with the when the dog the second dog i guess came over and picked up the your dog um when that occurred was your dog still alive at that point do you believe i don't know i could not go out there to help my dog because of what had happened in 23 did you hear the incident or okay so you didn't really see what happened no but i did see them grab my dog mauling him and dragging him and your dog wasn't moving or anything at that point all right um do you have any other witnesses you'd like to bring forward she was it was only her grandson at home my grandson had just left he had a football game a baseball game he saw it and then like i said with the other dogs i know this is different but my whole family which witnessed the other two dogs attacking me molding me jumped up on a trampoline fear in my life this is at another time yeah same owner two different dogs and then got a hold of a child down the road okay well i i don't have any evidence presented about that um all right so all right is there anything else you'd like to say before i hear from the other owners no okay all right i'll hear from them now thank you ma'am all right are the two owners and can you remind me of the name there's elia omar i'm the dog the dog names oh super and spooky super and spooky all right good evening um what would you like to tell me about the matter well miss okay i'm i know that happened you know i was at work i talked to her a couple weeks before i started working because i was out of work and i talked to her and i told her mira i'm gonna start working just because she she she have a little door in the back side of her house and the dogs all the time are free you know and and and they are digging under my fence you know i have i have the woo fence there was the woo fence i have a a metal fence plus i have electrical fence that i'm trying to do what i can to keep my dogs out of there but their dogs they keep digging under my fence several pictures right here they are there that you can see that you see my fence they tore off my my electrical fence and they tore off from their side all the fence and dug underneath my fence that's how my dogs went in there you know i i'm not i'm not trying to excuse what my dog did you know because happening happened and i don't i had no control that because i was at work you know and i talked to her i told her i told her hey i'm gonna start working just keep your dogs inside in case something happen i'm gonna leave two dogs that i never had any problem with those two dogs never had any problem they they play with the neighbors inside they always i put it sometime i i open the garage and they stay in the front they play with the kids they playing basketball in there in front of my house and all that and i've been telling hey can you you know just keep an eye until i come come from worse or whatever you know so nothing happened she said yeah yeah yeah that day they gone from inside my house they like several times three four times and they dug underneath they were in my inside my house but i had i never leave my dogs like outside i always keep them you know what i mean so we keep them you know and she got lucky that day because all those three times that they were inside my house that i had no dogs outside you know but they were inside my house inside my door you know several times they they got loose i got videos here they got loose they were behind the the the att men and the neighbor in front i couldn't get them because they are in the hospital the other woman had some problem and they were they were all the way barking at them inside their house inside their garages you know that those little dogs the net the other neighbor he had his dogs already inside his house because every time they come out these other little dogs they start barking barking there is no there is no more peace in there now every time you get out of the house they are barking the the in the garage right i'm trying to watch my car they are barking i mean i gotta keep my dogs inside now i cannot keep my i got a big jar i bought the house because i got a big jar for my dogs you know i put the fence i put the metal fence and electric fence that i spent over a thousand dollars trying to get everything set up but they don't they are the one that they don't keep keep keep the dogs on place you know okay okay i'm trying to do my best like i said you know and i three fences and still talking to her i thought hey i'm gonna leave these two dogs here i'm gonna start working next week or so so and and and you know so we pay attention to it but she had a little door and they don't come out all the time that you know and there's no way that you said that you keep them and she said a couple times that well that she just said what she just said right now uh they got it a couple times and probably oh that she got it two times you said okay you gotta hold on a little kid that's not true that's not true they the other one beat you i know all right you can you can speak to me speak to me okay you know maybe she had another incident going over my dog you know because i have i have a couple dogs you know i start with one i got daddy then i tried to get mama to get one then my my kid like my wife like the other one that's how i end up with five dogs you know not because i want to have them because now i don't have any life i gotta do my schedule around my dogs you know and i'm trying to you know keep up i'm working from from five o'clock in the morning all the way to seven sometimes eight at night you know that i'm trying to keep them inside or sometimes outside the one that don't that don't don't have any problem with anybody because they they play with everybody you know there's no aggressive dog like the first spooky and super super is a little i can tell you super is a little because they don't know they don't know people outside the house you know they just know the people inside house you know i don't have a lot of time to to to walk in and and do all the stuff that we're supposed to do with the dog you know but but i'm trying to keep them safe and and and and in my area like i said i already have three fences when that happened they they they broke my fence and they they treat the electrical fence that's how my dogs and you can see picture even the other the other the other guy one of the guy that was law enforcement guy even i i i i i i i i i got you side how and i told you my friend he says they were digging from that side he says so right he said you know he said that they were digging it looks like they were digging from that side that's why but my dog got in that side and did what they did whatever you know and i didn't hear your response to his question that was a different officer that's later officer with 806 so even even even him he was there she was there then two was there and they listened to that guy they hit the guy yeah he was they were digging under the fence from that side you can see both sides of the fence but you can see where the metal fence is switched under going towards their house too that is how the hole you see that with that hole right there that's from that side this this this is the side of my fence with the metal fence with the uh who did the other one the other one the other one was just right there that one that i had it all but now it's it's thorough because they tore it up and that's what that's how my dog we had the opportunity to to to get in because they didn't have any we even had beware of the sign and even they took them off i can't i can't hear when there's multiple people so i can't so and i don't think i got your name i'm sorry i'm sorry okay um i think we know okay can we say can you state your names for the record i'm not sure if you said it at the beginning elliott pious 1753 deltona elliott pious jr okay and so can you go up go back because i couldn't hear you both at the same time next to the uh next to their house the division between the our house and their house we have we used to have a sign saying beware of dogs that after they moved in it eventually got torn off they torn it off because that was um so many times it was nailed on there to the fence and one day we get home it's not there no more the fence the sign doesn't just get blown off it's nailed on several times several times too we we was we was trying i'm trying to get to my car she had the sprinkler just right into all the way maybe five feet from from my property line right i have maybe maybe ten feet then i have maybe five more feet in my concrete my driveway and all that water coming to her and i telling her hey can you can you put that oh that she's telling him oh take a bite and die i said come on i don't i don't need this i just wanted to put the water all the way to where you're supposed to more than six seven times and she always was really nasty with me i always trying to do the same the the to be the nice guy you know when she had when she had beat the first time with the dog i told her okay yeah whatever all the expenses that you have hospital jobs whatever just tell me i pay for it because i'm responsible for my dogs now two weeks later she's suing me ma'am i'm gonna have you be quiet while i'm listening to him i will give you another chance to come up okay thank you see yeah and and there's a lot of time that she was really really i'm always been trying to be a nice guy to help you they can go around my neighborhood in front of my guy because they don't they don't they don't get along with anybody there these two other two neighbors they don't get along with nobody there and that is fine more to them well let's let's focus on what happened with the dogs so um all right i think the risk i would like to hear from the city though about the issue of the fence and how the dogs got into the yard do you have any you can see that they went under the fence i mean when they when i got there they were already in the yard so i can't physically see how you know you can just see that they dug a hole under the fence so they went directly under in that area under the fence um and but you have no opinion about whether which dogs dug the hole that's what you're telling me if i wasn't there to physically see them dig a hole yeah all right okay um the only thing i have is that they were off property on someone else's property when they attacked all right so many times that we tried to contact them i had left six seven messages i had left all kind of stuff now that the the the the the same day that it was going to be the appear they she brought that letters to me around around maybe two three o'clock in the evening for the same day to finish to doing the appeal because a five o'clock it was going to be cancer the same day i had to send and you have an email the day before that i sent you i didn't receive it i didn't receive it i swear to god i didn't receive it if i would have done it yeah i received the same day that it was going to be due and and and and you didn't receive what the same day that i received it i emailed it directly to you he's he's saying the the for the appeal for this year we had to fill it out on that specific day before that day ended and we got it just one day the same the same day that we got it we filled it out because that was the last thing i was trying to contact her several times but but it was filled out and you're and you have yeah but we have we have to we i i got home i got home around around five o'clock in the evening and i had to do all this at five o'clock because i i didn't receive the papers a couple days before or something to give me enough time to do this you know and and and i had to send i had to send four four facts uh bosses and bosses and bosses and bosses from in order for me to have this this there's no way to contact them there's no way to get any response from them at all well i don't think the city is challenging the timeliness of your appeal correct to see i was trying to see my how my dogs are doing where they are with the team but there's no answer but i asked the question of the city are you you're not challenging the timeliness of his appeal correct no okay all right um i would like to is there anything else there before um i'd like to comment on the on the fence right here yes like as you can see this is the neighbors their side of the fence and it's all clean dirt that's obviously been dug out there's no grass there and then when you look on our side of the fence when you should see the picture there's grass that if you dig the dirt there will be dirt not grass and on the other photo there's a lot of dirt on their side of the fence that's where the wood stomp was and we moved the stomp to take the picture it looks like a stump because it was the stump was against the fence and we pulled it back just to take the picture so that's why i started killing it okay all right yeah that keeps going back there um all right i would like to ask a couple additional questions of the um the dog owner that was killed can you come forward please okay what was the name of your dog i'm sorry snoopy snoopy um so you said you came home i think from work correct and let the dogs out yes and snoopy was in your home before yes all my dogs were in my home they were in your home and then i do have a doggy door and i have that locked uh the dog door yes and then when i get home i let them out to use the mat okay so that day the door that dog door was locked and you physically saw snoopy before you let the him him i assume out into the yard correct and then you were doing something in the house and came back out yes to let the dogs back in and notice that because i said that my grandson i said i'm missing a dog and he said it's snoopy snoopy's missing and when i looked out that's when i saw the one pit bull and then i saw snoopy okay and at that point then the what the when you said you say that you saw the one pit bull that was when one of them came over and picked up snoopy yes okay all right um is there anything else before i make my ruling from the city all right when he was talking about the dirt being there there's dirt all the way down on my side of the fence there's no i don't have no grass on that whole side so it's not just that area we put that log there to block the hole and his um chicken wire whatever that is is not down far enough and it's still not down far enough where his dogs are still in the backyard free it can get right back through there he's got a board up there it's not screwed in it's just sitting there it's not even down far enough you're saying there it's some not this location somewhere else on the fence there's that location right there oh okay you're saying there was just a board there yeah now there is he put a board there and he does have an electric wire which does which isn't even working if it was working the dogs would have gotten electrocuted correct my little dogs don't even go in your yard all right let's keep i'm sorry my dogs do not go in his yard my dogs do not have never ever went in anybody's yard all the way around your dogs have came in my yard twice attacked me and then killed my dog the second time how many more times does and he he breeds them one after another and he was supposed to get them fixed has he done that no i have an attorney my attorney won't even represent me because he don't have how on his insurance he didn't have power for about three months and i'm sorry wait a minute if you're going to speak can you please say your name and address okay sandy 1761 mayo street okay you live at the home yes i'm her daughter okay um there was a time period for about three months when he didn't have any power to his house he has he his wife moved out his daughter moved out it's only him and his son at the house as of now um so in that time period of the three months his electrical fence wire chicken wire obviously didn't work so therefore how how do i know for sure that it's working how do how do i know it's not working i i don't think it's working because i myself have has went out there touched the fence and nothing has happened okay um thank you all right i'm ready to make my ruling is there anything else though that the city would like to add all right um i am going to find that the dog was dangerous is both dogs excuse me are dangerous dogs the reason is that the deltona city ordinance defines a dangerous dog as being one that has killed a domestic animal and the testimony here was that snoopy was alive when um the uh homeowner let snoopy out into the yard came out and saw the um two pit bulls in the yard and picking up the dog um and the dog was was killed during that attack um there's been i think debate about how they got into the yard but i do think that that's really not relevant under the statute um understand that the statute requires me to find a dog dangerous if they have killed a domestic animal um while off of the owner's property regardless of how they got there and so i'm you know i understand that um you know the uh owners of um sorry super and spooky may have been doing their best with the fencing to try and keep them out but it again under the statute that is just not something that i think i need to take into account once the dog and another dog is killed that's that's what i have to find so given that um i will prepare an order to that effect um there is a number of conditions now that will apply to the dogs now that they've been declared dangerous and um i would suggest that you uh contact um the animal control officer to go over all of those um those conditions uh to have the dogs here uh in the city of deltona all right anything else on that matter i don't think so no all right thank you thank you i'm sorry i couldn't hear you sir you may ask a question yes i have i've declared them dangerous i will give them to them then they can keep them because i'm not going to have the dog dangerous in my house with all the conditions that you guys have i i'm not a guy i'm not a rich guy i don't have all the money that you guys require to have that because you guys can keep it thank you well i understand that you can work that out with the animal control officer thank you all right moving on oh oh sorry i can give it to you all right this is case del 25-027 2435 academy avenue my name is steve brockoff i'm employed with the city of deltona as code compliance officer this will be case number del 25-2027 uh city deltona versus carrying blood sorry i'm butchered that name uh the property address is 2435 academy avenue deltona florida 32738 property uh our parcel id is 8130 32150060 city of deltona ordinance section um 18-5 adopted the latest edition of the international property maintenance code section 302.7 which states that all accessory structures including detached garages in this case fences and walls shall be maintained and kept in good repair and sound structural condition such requirements for this notification of hearing have been met by notice of hearing and notice of violation were sent certified mail to the property owner uh at the address listed property appraisers records both notices were posted at the property and at the city hall at least 10 days before this hearing all evidence this case including photographs have been marked as exhibits and submitted to the code board clerk and i certify that all photographs to be true and accurate portrayals whatever the day they were taken um this case began on january 27th i had noticed the fence and disrepair from uh the the uh street behind this property uh and i uh there had been uh cases similar to this at this property before so i uh prepared a notice of violation and met a gentleman that was out front and explained the violation on january 27th i also requested uh that notice be sent uh certified mail uh the notices generate a 10-day um uh compliance date uh on uh later on in february uh on the 25th i went back to the property uh well after their uh compliance date and the property was still in in violation um so then i requested a notice of hearing for this uh proceedings uh to date the property is uh still in non-compliance uh as uh even the uh attempted vinyl fence that had been up at one time has been removed and uh there's just pieces of uh uh further down you'll see uh there right there that's today uh the city would like to uh to give 60 days for this to come into compliance uh and failing to do that uh we request fifty dollars um per day for a fine okay can you just i'm sorry can you explain in the pictures um it's like there's some that's maybe wood wood fence and then there's vinyl and then are they are they the same fence or this this is a vinyl fencing that's basically leaning up against things this is uh deteriorated uh wooden fence that's deteriorated wooden fence um and it's been in various stages of either trying to be covered up or or removed um there's actually two pictures from today uh if there this will be on the left side you can see all this uh is collapsed and uh dilapidated fencing so like is this picture number two that we're looking at that's on one side of the house and then the other picture you showed me yeah on the other side yeah the house in question is this house oh i see this is from the other this yeah this is the easiest way of seeing the violation is uh because the front fence is as um is secured uh the only way i've seen the violation the way i noticed it was on the property or on the street behind this property i see yeah this is this house belongs to the street behind them okay it's just a different vantage point yeah thank you all right and you said 60 days correct uh yes all right and we request 50 dollars per day because uh of the the obvious uh condition of the the fence weed um and there is currently uh over a fifty thousand dollar fine on the debris behind the fence and the the city just really needs this property to uh come into compliance to so that this can be secure so there's um an additional violation that where the lien is running uh it was uh seen in a um previous code case i think it's been over a year but there's uh fifty thousand dollars on the uh or over fifty thousand dollars on just the debris uh but the fence there wasn't a case on that and uh the city really needs this property come into compliance okay thank you um i'm gonna find responding in this case in violation of the city code is charged and that respondent correct the violation before four o'clock pm on may 26th which is 60 days may 26 2025 in the event respondent does not comply by the state a fine in the amount of fifty dollars per day will be imposed for each day the violation continues past the aforesaid date respondent is further ordered to contact the code compliance inspector to verify compliance with this order i'm admitting the case file in the powerpoint as exhibits and i find the notices properly given in this case thank you thank you the next case is del 25-029 1250 fieldstone avenue good evening your honor my name is tina pagan i'm employed with the city of deltona as a compliant as a co-compliance officer this will be case number del 25-029 the city of deltona versus eric the property address is 1250 fieldstone avenue deltona florida 32725 the parcel id number is 813-0551-40080 this is a violation of city of deltona ordinance section 18-5 adapting the latest edition of the international property maintenance code section 30413 which states that every window skylight door and frame shall be kept in sound condition good repair and weather tight corrective action for said violation is to repair or replace damaged missing windows doors and remove boards the statutory requires for notification of this hearing have been met by the notice of hearing and notice of code violation were sent certified mail to the property owner at the address listed with the property appraisals records in addition both notices were posted on the property and at city hall at least 10 days prior to this hearing all of the evidence in this case including the photographs have been marked as exhibits and submitted to the special magistrate clerk i certify any and all photographs to be true and accurate portrayals of what i observed on the day they were taken on january 30th i visited the property and noted that several windows and doors were broken and ajar furthermore there was debris from various miscellaneous items scattered throughout the site indicating that the property has likely been vacant for extended period on the same day i sent a notice of violation through certify mail regarding the windows and doors additionally i issued a 24-hour abatement order to secure the property by boarding up the broken and secure doors and windows certified notifications were sent to the address recorded in the property appraiser's records on february 12th i returned to the property and observed that several windows and doors have been boarded up i captured photographs of the site which have been submitted as part of this case on march 5th i conducted another inspection of the property and confirmed that the doors and windows remained boarded on that same day i posted a notice of hearing and a notice of violation photographs were taken on march 15 i inspected part of the property again and found that it still remained in violation i took additional photographs which have been submitted to this case during my most recent visit today the property continues to be in violation the city would like to request 30 days for the property to come into compliance or a fine of 25 dollars per day to be imposed until such time that the property owner has notified the city of compliance okay um just a question i wasn't quite sure i understood did you say that the city abated this by putting some boards up yes we did an abatement due to um the windows being open and the door being ajar to prevent um intruders from entering and then did the owner put additional boards up no okay it was just the city that put the boards correct okay but your testimony is those windows were broken before you correct one of the windows were broken another one that was fully wide open not sure it was broken as well and the doors were both one of the doors were broken with the wind it had like a open windows part which um actually anyone could go in through so we boarded that door and the other main door that front door where the postings are at that door was ajarred that anyone could enter the property and um in terms of time for compliance in order to i mean this will require obtaining a permit for the windows correct um depending if the frame is completely broken if they're going to restruct the frame yes but if they're not they're just going to replace the actual windows with those frames that are already there then no okay um i'm just concerned about timing because 30 days if they're going to have to you know replace that i think 30 days might not be sufficient 60 i think 60 days would be more reasonable is this okay all right all right um anything else before i make the rolling all right thank you thank you um i'm going to find respondent in this case in violation of the city code as charged and that respondent correct the violation before four o'clock pm on may 26 2025 which is 60 days uh any event respondent does not correct does not comply by this date a fine in the amount of 25 per day will be imposed for each day the violation continues past the four stated date respondent is further ordered to contact the code compliance inspector to verify compliance with this order i'm admitting the case file and powerpoint as exhibits and i find the notices properly given in this case awesome thank you thank you all right the next is del 25-031 1800 saxon boulevard good evening hi my name is jessica i'm employed by the city of deltona's co-compliance officer this will be the case del 25031 city of deltona versus new view ria inc fbo doris jessica ria this is a violation of city of deltona ordinance section 185 adopting the latest edition of the international property maintenance code section 304.1 which states the exterior of a structure shall be maintaining good repair structurally sound and sanitary as to not pose a threat to the public health safety or welfare corrective action for said violation is to repair the suffix near garage area statutory requirement for notification of this hearing have been met by the notice of hearing and notice of code violation was certified mail to the property owner at the address listed with the property appraisals record in addition both notices were posted on the property and at least and at city hall at least 10 days prior to this hearing all of the evidence in this case including perhaps having marked as exhibits and submitted to the special magistrate clerk not certify any and all photographs to be true and accurate portrayals of what observed the day they were taken the case was started on december 1st 2024 while addressing debris in the right of way at this property notice the suffix can disrepair near the garage area notice of violation were issued on february 4th 2025 notice of hearing was posted on march 12 2025 as of today the suffix remains in violation the city would like to request 30 days for the property to come into compliance or a fine of $25 per day for this violation to be imposed until such time that the property owner notifies the city of compliance all right thank you and just to confirm the issue is the suffix but i also see in the corrective action that is it talking about the soffits when you say near the front door and garage area or is there something you're not talking about the walls of the exterior no just given the general area where it's located okay we're just talking about this office yes ma'am thank you all right um i'm going to i'm sorry anything else before i make my ruling all right i'm going to find respondent in this case in violation of the city code is charged and that respondent correct the violation before four o'clock pm on april 25th 2025 which is 30 days in the event respondent does not comply by the state a fine in the amount of 25 dollars per day will be imposed for each day the violation continues past the four stated date the respondent is further ordered to contact the code compliance inspector to verify compliance with this order i'm admitting the case file and powerpoint as exhibits and i find the notices properly given in this case thank you the next is del 25-033 a b and c 1092 deltona boulevard my name is jeff scott i am employed by the city of deltona as a co-compliance officer this will be case number del 25033 a del 25033 b del 2500 i'm sorry 033 c the city of deltona versus global commercial properties llc the property address is 1092 deltona boulevard deltona florida 32725 the parcel id is 8 1 3 0 1 0 1 0 1 0 0 3 0 0 this property is being brought before the special magistrate for more than one violation for no permits i'm gonna read one read the ordinance and but it's for three violations is that okay yeah that's fine thank you um this is a 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 attends to construct enlarge altar 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 goal or to cause any such work to be done shall first make application to the building official and obtain the required permit corrective action for said violation which is violation a is to obtain the permit for the ac change out violation b is to obtain the permit for replacing the rear sliding door violation c is to obtain permit for the electric wiring the statutory requirements for notification of this hearing have been met by the notice notice of hearing and notice of code violation were sent certified mail to the property owner listed with the address listed with the property appraiser's record in addition both notices were posted on the property at least and in at city hall at least 10 days prior to this hearing all of the evidence in this case including photographs have been marked as exhibits and submitted to the special magistrate clerk i certify any and all photographs to be true and accurate portrayals of what observed the day they were taken these cases were originally opened by another officer on may 6 2024 for multiple violations on that day the officer issued notice of violations for the new ac unit which is violation a their rear sliding glass door were replaced which is violation b and the electric wiring near power meter is violation c also on that date the officer called and emailed the owner to inform them of the permits that's needed the owner applied online for permit on august 20 of 2024 the officer was in contact with the owner back in december 2024 but as of today the permit has not been obtained for the three violations the city would like to request 30 days for the property to come into compliance or a fine of 25 per day for each violation to be imposed until such a time that the property owner notice by the city of compliance all right um so you said they applied in august of 2024 yes ma'am and what is the application not complete no um it's still just i guess i'm guessing that they they haven't submitted enough information to even get reviewed from my understanding okay um and so can you explain so this is a you're determining that it's are you determining that the ac unit is new because of the sticker there that you're showing me yes from my understanding there there's a photo in it in this evidence that's showing the old unit and it's a lot smaller than this one all right i just didn't maybe it's the top first thing kind of got a shadow but if you look for it this is the photo yes ma'am it down it is okay that's the first thing here that's very dark yeah right around there there's a smaller unit there and that was taken in 2019 from a previous case right all right um all right and then can you explain the okay so and then i guess the similar question for the door it what are you showing me in one of the pictures here that there was just a regular door and then it was changed out for a sliding door no the sliding door was replaced including the frames it was just it was just replaced yes ma'am and how do you know that it was replaced um the officer that started the case can better explain that okay all right todd me co-compliant supervisor yes i originally had a case with the roof on this house and then working with the owner and talking that the he after i started the case on the roof i'd seen the other things going on at the house talked to the owner he was aware that he had changed those things and he was advised to get the permit uh he did start the initial process with the perm but i think his contractor was not registered with the city and i had given him some time and he had he acknowledged all those things that i mentioned the door the door sliding us door the ac and uh the electrical electrical i should show to our building uh manager okay he saw that so the owner was was willing to work it's just that he's taken a long time because his contractor was not with the city so the case was sitting there waiting to be addressed just trying to encourage him to get that permit quicker okay now and then can you explain what i'm looking at with the electrical this is a newer pipe that was put into the back of the house that the original electric comes from the back power pole from the from the back easement to the house and when i showed it to the building official he knows that all that new piping would indicate that there was newer work uh not being able to see inside the panel the house the new panel box but the suggestion is that new new whole new panel box was put into the house the owner did not was brought to his attention the same uh any electrical work was done would need to require a new permit all right thank you thank you all right anything else before i make the ruling no ma'am all right i'm going to find respondent in this case in violation of city code as charged and that respondent correct the violations before um i'm sorry did you recommend 30 days or 60 30 30 um okay um by april 25th 2025 which is 30 days any event respondent does not comply by the state a fine in the amount of 25 per day per violation which would total 75 dollars per day will be imposed for each day the violations continue past the aforestated date respondent is further ordered to contact the code compliance inspector to verify compliance with this order i'm admitting the case file and powerpoint as exhibits and i find the notices properly given in this case thank you thank you that's the last one okay the last one is fire zero one one 2025 2820 howland boulevard for the record my name is lisa nadeau i am employed by the city of deltona as a fire safety inspector this one this will be case number fire dash zero one one dash two 2025 the city deltona versus connie bacardi the property address is 2820 howland boulevard deltona florida 32725 parcel id is 813-039-090-090 this is a violation of the city of deltona ordinance chapter 42 article 4 fire codes chapters 42-186 which adopts the most recent edition of the fire florida fire prevention code is adopted by the state fire marshal violations a to c will be listed below in no particular order violation may i ask sorry quickly before we is this the case that was continued last time yes it is okay yeah um i'll let you finish your presentation thank you violation a nfpa 1 chapter 11.1.2.2 unless determined to present an imminent danger existing electrical wiring fixtures appliances and equipment shall be permitted to be maintained in accordance with the addition of nfpa 70 in effect at the time of the installation in the specific in specific the following portions of the 1990 nec national electrical code which was in effect at the time of installation article 300-4 were subject to physical damage conductors shall be adequately protected article 300-11 section a raceways cable assemblies boxes cabinets and fitting shall be securely fastened in place support wires that do not provide secure support shall not be permitted as a sale support as a sole support um vitamin b sorry violation b i'm sorry to interrupt um so you're reading from tell me again the 19 did you say 1990 yes national electrical load okay and is is that anywhere in the case file that i can follow along with you i'm just having it's hard for me to listen to it and digest it at the same time i apologize your honor it's not in the case file um but i did bring a the book itself from 1990 courtesy of the state fire marshal's office okay um got it if you want it um i just need it back at the end all right okay so i actually do want it if you could bring it up this is paper in there the book marks for each section inspector knows no read okay writing on one of them is not relevant okay just notice for myself or something else all right so i'm sorry can you go so we're talking about a and then this is article which one 300-4 gotcha okay and following along i'm sorry we're subject to physical damage conductors shall be adequately protect protected okay and then and then can we do this one by like one by one if you don't mind so the conductors uh have to be adequately protected and so can what am i looking at here here so on the bottom of the box there the round piece there it screws into the bottom of the box but just above between the box and the where the screw part is the wiring is exposed still the electrical wiring all right right there thank you all right sorry go ahead okay and then article 300-11 section a raceways cable assemblies boxes cabinets and fittings shall be securely fastened in place support wires that do not provide secure support shall be shall not be permitted permitted as sole support is that related to violation b or you're saying that's still violation a oh okay gotcha okay so 300-4 and 300-11 yes section a a okay those are the provisions of the nfpa in effect at the time that they are in violation of yes from the buildings all right and then violation b has come into compliance prior to this hearing okay and violation c has also come into compliance prior to this hearing okay statute or the statutory requirements for notification of this hearing have been met by the notice of hearing and notice of code violations were sent certified mail to the property owner at the address listed with the property appraisers records in addition both notices were posted on the property and at city hall at least 10 days prior to this hearing all of the evidence in this case including the photographs have been marked as as exhibits and submitted to the special magistrate clerk i certify and certify any and all photographs to be true and accurate portrayals of what i observed on the day they were taken on july 26 2024 i conducted a fire safety inspection at this location during the inspection i observed the above mentioned violations i notified the property owner of the violations and given time for compliance i conducted follow-up inspections on october 3rd 2024 november 8th 2024 december 26th 2024 and or january sorry january 3rd 2025 and march 6 2025 and found that the property was still not in compliance a site inspection today showed that the above mentioned violation has not been corrected the city would like to request 30 days for the property to come into compliance with the remainder of the violations or a fine of 50 per violation per day until such time that the property owner has notified the city of compliance okay but it's only one violation today correct yes all right um and i guess the only other question i have is you are saying that this the 1990 version of the nec was in effect um how do you know when when it was installed the property was built according to the property appraiser i think around 90 91 okay it's connected to an air conditioning unit you are um we couldn't find any permits or permit records for an air conditioning unit okay so you went back to the the date of the construction of the building yes understood thank you and that was on the property appraiser site or oh you're the city's permitting records okay thank you anything else before i make the ruling all right um i'm going to find respondent in this case in violation of city code as charged and that for violation a and that respondent correct the violation before four o'clock pm on um april 25th 2025 which is 30 days excuse me in the event respondent does not comply by the state a fine in the amount of fifty dollars per day will be imposed for each day the violation continues past the forest day to date respondent is further ordered to contact the code compliance inspector to verify compliance with this order i'm admitting the case file and powerpoint as exhibits and i find the notices properly given in this case thank you thank you all right anything else before we adjourn no i will go ahead and adjourn thank you