good evening my name is kristen eich i'm the code enforcement special magistrate for the city of deltona and i'm calling the special magistrate hearing of september 24th 2025 to order the first thing on the agenda is roll call so i will have all of the code compliance officers introduce
themselves please mark gibson code compliance supervisor danny ron co compliance manager
sam schaller deputy fire marshal lisa nadeau fire inspector that's the cook hotterman hearing clerk
todd mead code compliance supervisor renee kearney code compliance administrative supervisor there we
go uh 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 and i'm 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 enforcement 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've 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 instance any decision i make this evening will be put into a written 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 sending or excuse me filing a written notice of appeal to the circuit court within 30 days of the execution of my order pursuant to florida statutes 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 the 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 that will be shown for the case and you should have received a copy of your case file when you came in this evening if you did not receive that please let me know when i call your case but i do again do intend to admit the case file and powerpoint unless the specific objection is received i will take the cases in the order generally that you signed in first come first served although i will take one case out of order this evening as i understand the officer is on duty out in the field this evening so i will take his case first um and i do have a few cases to announce that have been withdrawn or continued that would be for withdrawn cases fire 027 2025 271 fort smith boulevard as in compliance on 918-25 del 25-037b a massey case 960 shorecrest avenue also in compliance on 924 25 and i have two continued cases del 25-086 679 vicksburg street which is going to be continued to october and del 25-089 1556 east normandy boulevard um also will that be continued to october yes october uh so if you are here for any of those four cases i just mentioned you do not need to stay we will not be hearing those cases this evening all right i will go ahead and swear in everyone who intends to testify today as a group which includes the code inspectors code code enforcement officers um so if you're able please stand and raise your right hand uh do you swear to tell the truth the whole truth and nothing but the truth if so please say i do thank you um the next next on the agenda is uh the um disclosure of ex-party communications i have none to disclose and so we will go ahead and get started with the cases all right first case on the agenda is del 25-087 a and b 3182 overdale street good evening your honor my name is enrique rios and i'm employed by
the city deltona as a co-compliance officer this will be case number del 25-087 a and b the city of deltona versus chase t and megan carr the property address is 3182 overdale street deltona florida 32738 the parcel id is 813-042-030-150 the property is being brought before the special magistrate for more than one violation these violations are as follows violation a this is a violation of the city of deltona ordinance section 18.5 adopting the latest edition of the florida building code section 302.7 which states that accessory structures including detached garages fences and walls shall be maintained structurally sound and in good repair corrective action for said violation is you must repair and or install a gate or panel on the fence or remove the fence the structure must meet all requirements of city ordinance and be approved on that final inspection violation b this is a violation of city deltona ordinance section 6618 e which states that no vehicles may be parked or stored in the front yard forward of the edge of the principal dwelling except on an approved driveway or driveway extension corrective action for said violation is all vehicles parked in the front portion of the property must be on an approved driveway surface vehicles may also be parked on the side of the house behind the front face or in the rear yard all vehicles must have current tag and be operable or they must be stored in an enclosed garage the statutory requirements 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 appraiser's records in addition both notices were posted on the property and at city hall at least 10 days prior to this hearing all of this evidence 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 your honor as it pertains to violation a on august 9th 2025 i arrived at the property in response to another violation and noticed the fence in disrepair this violation specifically addresses the area of the fence on the front face of the home which is missing the panel and not enclosed it was explained to homeowners chasing making car that a fence gate panel or other finishing piece needs to be installed or the fence would need to be removed a re-inspection performed on august 16 2025 found the property still in violation and as a result a notice of violation was posted on august 21st a subsequent inspection on september 4th found the violation still unresolved on september 11th i made phone contact with megan and advised her that a notice of hearing was posted to her property and again communicated the corrective actions megan explained her and chase were acquiring a location for storing the vehicles and that materials were purchased and prepared for fixing the fence which she expected to be completed by that weekend today's inspection reveals the property remains in violation and therefore is being brought to magistrate as it pertains to violation b your honor i arrived at the property on august 9th 2025 in response to a complaint of large vehicles being parked around all sides of the property and found a work truck parked in the front yard it was explained to homeowners chase and megan car that vehicles were only allowed on the side or rear of the home if they're not being parked on the approved driveway surface a re-inspection performed on august 16 2025 found the property still in violation and as a result a notice of violation was posted on august 21st a subsequent uh inspection on september 4th found the violation still unresolved as previously stated on september 11th 2025 i made phone contact with megan and advised her that a notice of hearing was posted to her property and again communicated the corrective actions the homeowner stated they were acquiring another location for storing the vehicles and that materials were purchased and prepared for fixing the fence which she expected to be completed by that weekend today's inspection reveals the property remains in violation thus said violations are being brought forth to special magistrate the city would like to request 30 days for property to for the property to come into compliance or a fine of 20 25 per day per violation to be imposed until such a time that the property owner notifies the city of
compliance thank you just a moment thank you um i have a question about the notice that was given in this case because the um the date that's given on the tracking is that the i assume the notice of hearing was not mailed until september 17th is that correct the note i'm sorry the notice of hearing was not mailed until the 17th is that correct well it doesn't tell me what it was that was sent but the the tracking sheet that's in the file says that it was it was sent on on september 17th is that correct we have just a moment for that okay what's that it was mailed on the 12th why does it say september 17th um i'm just i'm concerned about having the requisite 10 days do you all see what i'm what i'm looking at
the tracking sheet says that it was arrived at the facility on september 17th so yeah right so is the is the green card or the envelope in here sorry nope that's fine yeah but that i'm looking for one with a stamp on it there's no stamp can we look at the case notes and see what that says so that was that
this is right it was posted yeah um yeah are there any other so notice a violation notice a hearing
nope the sign does a case the noh what's that nope no i'm looking at noh so i don't see that
give me just a moment i want to make sure that this is yes ma'am while we're looking at that oh
sorry this note here proceeded to host the notice of hearing and sent certified mail but the number for the certified mail has not been entered but that was on the 11th so that would be he was gave the notice of hearing which was the affidavit of service which was the 11th and it would have she's probably right it would have been nailed out on the 12th but we did not put this into the case
on the 11th special master i'd like to continue this case to next month okay yes all right well we
can do that um i mean it's i yeah i mean it's it's the reason i'm i mean i'm questioning it obviously because it it doesn't really make a lot of sense to me why it's saying that it wasn't whatever you were mailing wasn't delivered to usps until the 17th so um you know i i do i think that that would be wise yes that way yes let's continue this case the next month let's let's do that so we'll continue that this this one um i will say i just wanted to because you're a new officer correct i just wanted to say that the corrective action on violation b was nicely written yeah all right so we will continue that item okay next case all right this is fire 015-2025 massey case 1698 diane terrace good evening
your honor for the record my name is lisa nadeau i am employed by the city of deltona as a fire safety inspector this will be case number fire dash 015-2025 the city of deltona versus harmony clinic the property address is 1698 diane terrace deltona florida 32725 parcel id is 8130-03-36-0200 this is the massey case the statutory requirements for notification of this hearing have been met by the notice of hearing and notice of code of 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 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 this was initially a case for a violation of chapter 42 article 4 fire codes chapters 42-186 which adopts the latest edition of the florida fire prevention code in specific the florida edition and ff sorry the florida edition of nfpa 1 chapter 1.7.12.10 which states no construction work shall proceed until the ahj has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued it was ruled on april 23rd 2025 that the property owner was given 90 days to comply the owner did not come into compliance with those 90 days and has been receiving a fine of fifty dollars a day since august 27th 2025 as of today the property has accrued a total fine of one thousand four hundred and fifty dollars over 29 days the city is requesting that fines continue at fifty dollars per day until such property owner has notified the city of compliance and compliance is
verified by a fire safety inspector all right so this violation d was for um failure to obtain a permit for numerous interior alterations correct yes ma'am um and have any of those permits been submitted or
obtained at this point uh building building 25-079 0079 was submitted on 8 26 25 okay well that was about a month ago yes so are you saying that that was not issued what was it wasn't issued it's a fire plan review was done on 9 18 of 2025 and is still undergoing building review i'm sorry what did you say happened on 9 18 9 18 9 18 20 25 the fire plan review was done oh and is still undergoing building review okay so you
have given your review comments from fire yes ma'am okay and are there corrections that need to be made
still yes to the to the plans evening your honor um i was the the plan reviewer assigned to this permit uh yeah there were numerous numerous corrections that that will need to be made um i talked to chad tate building official he's just looking into a few more things before he finalizes up his review comments
okay um but his will also be a rejection for several reasons as well all right um okay so right okay and i'm just looking at the dates so it was submitted on the 26th which is a day before the time that was ordered for compliance yes ma'am all right um sir would you state your name and uh
address for the record please yeah understood i mean in order to come into compliance you have to
actually have the permits issued not just submitted um so uh unfortunately you know at this point um it
appears that um you haven't come into compliance as required yes um would you like to answer that sam
um florida statute 533 is what dictates the uh the maximum minimum times we have for plan review um without looking at it uh directly in front of me um i want to say a rough ballpark of 60 days days but that's why we normally give the 90 days to come into compliance so you okay so i basically need it finish go ahead thank you sorry that's why we give the 90 days so you can get the permit in and then allow plan review staff ample time to conduct a review your engineering team to do revisions okay um sorry there's a lot of
activity going on in the audience and sir can you i'm just you're allowed to film but i'm not sure why you're approaching uh near miss nadeau can you back up a little bit please thank you all right if you could get back towards the chairs i would appreciate that thank you um all right anything else before i
make the ruling sir um everything is in the hands of uh my engineers at this point yeah understood um you
know there are options for you you know depending you can always ask for a reduction later but um can i get more time though just no um this is you know i have made my ruling previously about how long i was allowing to come into compliance that was 90 days which is frankly uh generous so i'm not going to change that um but to the extent that you know it you feel that it's appropriate you may apply later once you've come into compliance okay um for for a reduction uh ultimately it's the city commission's decision about whether to reduce the fine but um that's available to you okay all right okay i'm going to find that respondent in this case failed to correct the violation in the time specified in the special magistrate's prior order in this case and the fine will be imposed as 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 code compliance inspector respondent shall notify the code inspector to verify compliance i'm admitting the case file and the powerpoint um as exhibits and evidence and i find the notices were properly given in this case uh thank you uh well and i'll make clear for my ruling that we're talking only about violation d yeah thank you thank you okay okay um this is case del 25-054 a through c massey case 916 shorecrest avenue you're ready uh i'm presenting this for officer
bashear turksy who worked the case uh my name is todd mead i'm employed by the city of deltona as a code compliance supervisor this will be massey case number del 25-054-abc the city of deltona shammer r taylor the property address is 916 shorecrest avenue deltona florida 32725 the parcel id number is 813-011-410-180 the statutory requirements for the notification for this hearing have been met by the notice of hearing and notice of code violation sent certified mail to the property owner at the address listed with the property appraiser's record in addition both notices were posted 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 was observed on the day they were taken it was ruled on 528 of 2025 that the property owner was given 90 days to comply the owner did not come into compliance within those 90 days and has been receiving a fine of 150 a day since august 26th of 2025 as of today the property has accrued a total fine of four thousand three hundred fifty dollars over 29 days the city is requesting that fines continue at 150 per day five o'clock this evening there's no record of any permits being submitted for the any of the three they're all three needing permits for a b and c it's just nothing's on record of any application for a permit okay yes um just
i'm just trying to remind myself so there was the shed there and i'm looking at picture six and then
the shed and there's a pergola structure this this concrete area there's the pergola okay and then the concrete is uh so the the blue concrete was permitted the the yellow areas that are behind the fence in the backyard there was no permit pulled for that concrete so there was that those three things need
a permit okay thank you um can you say your name and address for the record for me uh mike beery 916
shorecrest avenue deltona florida 32725 thank you what would you like to tell me about i'm just giving you an update it's been it's been hell i've went i deal with contracting obviously but we've had three engineers no call no show i have finally recently hired rusty nail construction who also has a state engineer that works for the state that has come out so definitely progress now um so shortly we should have and i got the original contractor that built the building to finally come off of the engineered plans for that building which he didn't at first even though they were paid for um so i have the plans for those to be submitted i'm just waiting on the pergola finalized and be done from the engineer that finally came through for us so it's a it's costed a fortune it's been tough but
i mean we're finally making progress on it okay um i appreciate that i know it can be tough um we did like the previous case i mean we did give 90 days which i do think is a significant amount of time to come into compliance so um you know i i think it's it's apparent that you haven't come into compliance within the time ordered um to the extent that you again feel appropriate you can ask for a lien reduction later um but i think you know you you haven't come into compliance within the time specified
in the order um but i do appreciate on our end we just we're at the hands of contractors and engineers so if it's too small of a job they want nothing to do with two of them just didn't even have the common courtesy to call back and say they didn't want it so we wait don't hear from them hire a new one wait don't hear from now we finally got so i mean it's it is what it is all right um
anything else before i make the ruling no we're good all right i don't know okay i'm going to find that respondent uh in this case failed to correct the violation by the time specified in special magistrates prior order in this case and the fine will be imposed as 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 code compliance inspector respondent shall notify the code inspector to verify compliance i'm admitting the case file and the powerpoint presentation into evidence and i find the notices properly given in this case thank you all right uh this is fire 040 2025 a and b 2772 l cam
boulevard good evening your honor for the record my name is lisa nadeau i am employed by the city of deltona as a fire safety inspector this will be case number fire dash four zero four zero dash 2025 the city of deltona versus family home plaza partnership the property address is 2772 l cam boulevard suite d deltona florida 32738 parcel id is 8130-7424-0310 this is a violation of city of deltona's ordinance chapter 42 article 4 fire codes chapter 42-186 which adopts the most recent addition of the florida fire prevention code as adopted by the state fire marshal violation a has been resolved prior to this hearing violation b nfpa 1 chapter 1.7 point 12.10 no construction work shall proceed until the ahj has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued file violation b for corrective action would be to obtain a permit for the installation of the magnetic locking system used at the front door or remove the magnetic locking system 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 address 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 exhibits and submitted to the special magistrate clerk i certify that any and all photographs to be true and accurate portrayals of what i observed on the day they were taken the property owner's address on the notice of hearing was a scrivener's error correct address was put incorrect address was put on the notice of hearing however the correct address the property owner's address was on the nov the notice of violation however property property owner was notified and is present on february 5th 2025 while conducting a follow-up fire inspection at this address i observed a new electronic locking system installed on the front door of the business the business owner was notified that a prop that a permit would be required for this installation and given a time frame to correct said violations a copy sorry a copy of the fire inspector's report inspection report was also emailed to the property owner subsequent re-inspections on april 22nd 2025 july 2nd 2025 august 4th 2025 and august 21st 2025 found the locking system still in place with no permit issued permit for electrical 25-0069 was applied for 24-0064 sorry on 9-12-25 and is currently under review and has yet to be issued the city would like to request 90 days for the property owner to come into compliance with this violation or a fine of 50 per day until until such time that the property owner has notified the city of compliance okay so on violation a
that is related to it says a closet yes that's been cleared oh i'm sorry all right so violation a is in compliance yes all right uh and so we're talking about i'm i'm just i'm confused why would a permit be necessary for a magnetic locking system has to make sure that if the when the property um power
is lost that it automatically unlocks so anybody can get out without having to push a button to get out it prevents people from coming in and for the push button it has to meet certain requirements for ada
building codes okay is it and is it magnetic you said it's magnetic but it is is it is there electric uh work that was done um to install it to install it okay yeah all right okay um can you
state your name and address for the record for me uh yes my name is christina seraphine i'm representing family home plaza at 2772 el cam boulevard the matter in question is our tenant who's jenny david i do have one question though as the property owners this notice was mailed out on 915 and we received it i think two days later i know that some of the fire inspections are sent but we were unaware that this was even happening until it went straight to a hearing as the building owners so i don't know what the
process should be so a notice of violation should have been mailed to you um did it was not okay
is that accurate from the city okay but the notice of violation was not sent to the property owner
that's what i that's what i meant i'm sorry i meant yeah no i knew that they had their fire inspection but i didn't know that there was any violations and until we got this notice which was a big hearing
right but i'm but i what i meant was right what i meant okay well notices of violation are not
supposed to be sent by email well it was mailed to whom but it was not mailed before the notice of hearing was mailed is the point okay well that is problematic because the statute provides that a notice of violation should be sent um in the same manner as the notice of hearing because as she's saying she didn't know that there was a notice of violation that even existed until she was ready to come to this hearing ma'am well you were ready to come to the hearing we would like to continue this
case also for the next next okay let's let's do that um so yes but i mean she is taking care of it okay
everything's already been submitted to the city i was just saying for like future yeah it would be nice to like i did until we got to like the emergency status i didn't know right well the the proper
procedure is that a notice of violation should be mailed to you uh certified mail um and that should not happen only at a point when you are there you know there's a notice of hearing that's accompanying it okay um and so but they're asking to continue the matter hopefully you won't have to come back if you're you're well on the way to to compliance do i have a question yeah hopefully yeah so with the
machine or the um locking system i was notified when the fire inspector came that it needed a motion sensor and so that's what i was i did put up if you notice that it needed um but today i was notified that the button needs to be removed but i was not told that at any other inspection um and a lot of times they would come in i'm working so i'm a hairdresser so i'm in the middle of doing people's hair so it's really hard because they're they might be saying something or hand me something and the paper is really unclear to someone who is like just a regular person um so today i was just notified that the button needs to be moved but it was never told me that before if i would have known that i would i would have moved it prior to you know to make sure everything's in compliance um but i was really i'm really unaware because i didn't have that information until this morning so the violation
that we're talking about is for failing to obtain the permit yeah and i presume that what we're talking about is then basically review comments perhaps on the permit is that what is leading to this confusion
do you know mr stroller well there was a little bit of issue he my electrician tried to submit it
the week of september 17th um and so there were some issues with deltona he's not in deltona so there was some paperwork so it got kicked back twice and so then it got resubmitted and i guess when i talked to chad yesterday he said that there was some paperwork missing so it had to be resubmitted so i guess it was done last wednesday though is the original it was two weeks ago and then the last wednesday from my my understanding yeah it's a waiting game yeah and okay yeah and can you let me know about the button exactly what i need to do with it because i'm a little confused by that like i said i just found out this morning so i just want to make sure everything's in compliance hey mr schaller is your
uh mic on yeah it is now thank you um so okay so from my perspective what i in in order for you hopefully not to have to come back here we are not coming back i promise in the permit and there may be review comments from the city uh about you know i don't know you know moving the but i'm not sure about moving the button those are beyond those are technical issues beyond my uh you know my purview but what i'm i'm saying is in order to get the permit you need to comply with whatever the comments are in order to get the permit issued and come into compliance with the code so just like you know work with mr schaller hopefully and get that uh resolved one way or another okay thank you thank you all right so violation b there is continued to next month all right the next case is del 25-088
682 deltona boulevard good evening there it is my name is jeff scott i'm employed by the city of deltona asco as a code compliance officer this will be case number del 25088 city of deltona versus multi-link entertainment llc property address is 682 deltona boulevard deltona florida 32725 parcel id is 803-605-010-030 this is a violation of the city of deltona ordinance section 38 114 which states that storage of building materials commercial and industrial equipment materials objects or waste relating to commercial or industrial uses or any equipment materials or objects that are not incidental to a residential use shall be prohibited furniture outside must be designed to be placed out doors or stored inside a covered structure in addition storage of materials relating to residential use children's play toys firewood brush logs or any other material intended to be used in fireplaces or other permitted burning facilities shall be permitted only in the rear yard next to the rear wall of the home corrective action for said violation is to remove the outdoor storage from the property statutory requirements for a notification of this hearing have been met by notice of hearing and notice of code violation was set and certified mailed to the property owner at the address listed with the property appraisers record 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 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 that day they was taken this case was started on july 22nd 2025 by my supervisor and manager while viewing properties on deltona boulevard debris was observed on the property on july 28th i conduct the site visit spoke with the property owner he stated he was doing work at the property and the debris was from the work that was done he informed me debris will be gone within two weeks on august 11th i posted an abatement notice on august 29th i was directed to take the case to magistrate notice of hearing and notice of violation was posted at the property on september 9th and as of today the property remains a violation the city would like to request 14 days for the property to come into compliance or a fine of 25 per day for for this violation to be imposed until such a time the property owner notifies the city of
compliance all right so can you i'm just explain what i'm looking at in the in the photo it's hard
to see so there's materials back there with like tarp covering over that i'm guessing like building materials and stuff that's not designed to be outside it's uh building materials yes okay then and i'm sorry in the previous photo okay that's all right that's from the right away and i zoomed in this one
no stop the the previous one this one b3 so that one also has the tarp on it yes ma'am okay um all right
sir uh can you state your name and address for the record delpho blackburn i'm here representing um 682
deltona boulevard deltona florida 32725 all right um are you one of the owners of multi-link entertainment yes i'm okay all right uh what would you like to tell me about the case if first can you do me a
favor can you google the address please uh so we can stroke on the screen please well it's not my
responsibility to provide evidence in the in the matter um that's up to the city whether you'll
google google it and show it on the okay i just wanted to make a quick um my case like that's okay if somebody could google you won't like google earth no you just google it the the previous picture will come up to show what the property looked like before
is that are you all working on bringing it up or no yes okay this is the google this is the
this is what the building looked like before your honor okay i can't see that so no he's he'll bring
it okay okay yeah yeah that was it this is april 2020 yeah but that's a pretty picture on there
it was the ugliest building on the block i started to remodeling the building when you're doing construction ma'am you're gonna have debris you're gonna have tools you're gonna have it's it it's gonna look like a mess right so yes he did come and i agree that there was debris there i cleaned it up that i think that you know loose wood or materials that wasn't that wasn't been used garbage i disposed it myself um i pulled the permit for the building in january um they're short enough labor the contractor couldn't get anyone that was documented to work here is my permit i pulled it and i didn't get the construction start till late july he came while they were working on it a week later right after they finished it it wasn't painted it wasn't sealed nothing was that it wasn't even signed out finally yet but i cleaned it up those are materials the work is not done yet if you look on the other side there is a scaffold scaffolding where the guy coming he's using the caulking the caulk where the the the um the on the edge see those are taped tape it off so the soffit won't get messed up by the the paint um i'm very particular about my my buildings because i spend money for it ma'am and i'm making sure that it's sealed properly and everything has been done i understand he's doing his job but i think they pressured me before the building was was um was being remodeled i had no complaints from the city once i started it they tell me about the sign it's been torn down it's i tore it down compliant on that i got that i'm done i they come anything they complain on i fixed it so i don't know i mean i don't know if they want me to pick up the people the the guy's tool and and dispose of it the job is not done yet ma'am it's still been worked it's still a construction site so i don't know what the city wants me to do those are tarps those are materials they're covered so water don't wet them uh well i
mean the code clearly the city code clearly prohibits the storing of building materials um on residential property that's not residential that's commercial it's commercial property yes it is
commercial property ma'am i think it's zoned for both i'm not 100 it is a mixed zoning it is
is mixed use it is a commercial property so i had to go through a a commercial contractor to get work
done is this a resident is it a single family home no ma'am it's a commercial property it's you're not answering my question is it a single family home is that what it's being used for no it's an office
it's a i'm gonna rent it out so i'm remodeling before i put it on the market you're renting it out as an office that's what it is ma'am it's a zoned a commercial building all right um so all of that is not visible from the street i make sure of that i told the guys where to put their their materials and their their their um tools and their equipment so it wouldn't be messy they had to go next door to actually take these pictures if you can see yeah there's a there's a lump of sand that sand right there that's left over from where they were doing the stucco you this not visible from the street ma'am well the debris that i picked up was visible from the street because it's if you looked at the building it was wood so when they tore it down to put the new face to the building it was messy i must admit i cleaned it up he came we had dialect and i i corrected that all right for
the city um can you respond to that um that statement about that you know this is this is a commercial property if i'm reading the code the code section that cited this relates to residential uses if i may
add something um it could confuse it is on a commercial property but if you look at the permit here when the contractor pulled the permit he pulled it at residential so we had to change it over to commercial so on on on i guess the information that the city has it could be like misleading i don't know i'm just just adding that on his behalf because it's that's the problem that we had so there was a on the on the lab when we love it because some part of it is wood we had a residential inspector came out and he couldn't sign off on it we had to have a commercial inspector come out to sign off on the lab so maybe it's maybe on the city it's not documented correctly mr ron we can't answer that
in a moment all we want is the property being cleaned up if it's stuff that's stored outside bring it into the building you know not outside you know to make it look presentable um you did clean up some of the debris that we appreciate but the rest of the stuff we would want you to bring it inside the building
sir those are materials why should i bring materials that's going to be outside inside i understand what you're saying but the city has to correct this because it's showing up as residential it has to be corrected as commercial it has to be documented properly and i do understand what you're saying it's going to be cleaned up i'm not going to spend all this money to get it done and the property is not cleaned up before it's rented out so i do understand but i think it needs to be documented properly because i went through i went through hell getting the permit because we had to keep redoing stuff so i mean i understand and if i need to go and file something to the city i'm more than willing to do that
well i think at this point what i'll say is um the the section that's cited here is 38-114 which relates to residential uses so i don't know how i can find a violation of that section that being said sir there may be other sections of the code that would require even a commercial property to store your materials inside i can't comment on that but what i'm saying is i'm going to dismiss this case but that may not that doesn't prohibit the city from bringing a different case if there's another section that applies and so i encourage you to try to work with the code enforcement officers uh about bringing bringing the the materials inside because you may have some other um violation that's
occurring okay thank you and for the record um the contractor told me within about three weeks it should
be all cleaned up and turned over to me all right well i again i encourage you to stay in contact with mr ron or mr scott um and uh keep them informed and again hopefully you all can come to a resolution of this without you having to come back here again i hope i hope that's the case okay all right thank you for your time i'm i'm gonna dismiss um case uh 25-088 thank you thank you ma'am all right next case is del 25-090 a through c 1018 giovanni street good evening my name is jeff scott i'm
employed by the city of deltona as a co-compliance officer this would be case number del 25-090 a b and c city of deltona versus jose johan pierre thank you sir everest the property address is 1018 giovanni street deltona florida 32725 parcel id is 813-007-450-010 this property is being brought before the special magistrate for more than one violation these violations are as follows violation a city of deltona versus i'm sorry this is a violation city of deltona ordinance section 38 113a which states it shall be the responsibility of every owner agent tenant of improved property in the city to at all times maintain those right-of-ways most nearly abutting their property these responsibilities shall include removing litter debris and cutting uh wheat grass and weeds to maintain a neat and trim appearance correct if a set violation is to where the grass is worn out replaced with new sod or c violation b this is a violation city of deltona ordinance section 5831a which states that consent required pursuit 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 included appendages and the use of any public lands under the authority of the city commission except for their intended purpose without prior rent reading consent of the city shall be prohibited corrective action for said violation is to cease from driving through the right-of-way violation c this is a violation of city of deltona ordinance section 110807 subsection e stock stock of trade storage of stock and trades are shall be located within enclosed building and within space limitations in section 110807d no product shall be displayed on the premises no toxic hazardous material shall be stored on the premises corrective action for said violation is to remove all stock and commodities from the residential dwelling which is the dumpsters the statutory requirements for notification of this hearing have been met by the notice of hearing and notice of code violation was set certified mail to the property owner at the address listed with the property appraisers record 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 photographs have been marked as exhibit and submitted to the special magistrate clerk i certify any and all photographs to be true and accurate portrayals of what i observed the day they were taken these cases was initiated by a complaint on june 9th for commercial dumpsters being stored on the residential property on june 10th a notice of violation were issued for vehicles damaging the cities right away which is violation a driving through the cities right away which is violation b and storing commercial dumpsters on the commercial dumpsters on the residential property which is violation c the notices was were given to the wife of the property owner who then called her husband they both were upset about the violation state and they were told at one point the dumpsters can be at the property notice of hearing was posted on the on september 11th 2025 as of today all three violations remain on the property the city would like to request 30 days for the property to come into compliance or a fine of 20 25 per day for each violation to be opposed until such time that the property on notifies the city of compliance
thank you um sir can you state your name and address for the record hi your honor my name is
and i'm the owner of 1018 giovanni street d'autona florida okay what would you like to tell me about the case all right all right i got a picture right here that didn't show on the on there the someone's young sent a text to somebody saying that he's been been dealing with me for three years already and i'm still uh still getting away with this that he says three years because before this all the pictures are from like three months ago it wasn't from before but before these they were uh saying that i wasn't allowed to have a dumpster on the property because of the agreement that you guys have with waste pro that i'm not allowed to have a roll-up dumpster well if it's a trailer a dump trailer was okay which of the all those pictures are from three months ago and as you can see the the right away from the picture that they took today it looks a lot nicer so i tried to fix it but the dumpster the the trailer that you see back there because i'm cleaning up my my backyard so which they say that i have to uh call waste pro and order a dumpster from them which is going to cost me 500 bucks what would i rent a dumpster from waste pro to clean my backyard and pay 500 bucks when i can use my own dump trailer and pay 30 35 a ton because gonna cost me less than 100 bucks well these are your dumpsters yes they are
mine they're your are they for your business well i closed the business on last year on december
i kept some of the dumpster i still have like five or six okay so you own them i own them they are uh even the trailer and the the truck they didn't show in the picture but it's right here from the 9-11 that was because i was picking up my son from bpk and i left the truck on the side of my house house i haven't parked a single dumpster on my truck on the on my house for those three months that was the last uh warning that i got on those uh 6-9 that was the last warning that i got and i stopped doing the dumpsters because they say they were going to charge me 250 bucks if i keep doing it which i stopped doing and then um i stopped doing it and the picture with the truck that they didn't show on the on the
paper if you want i can give it to you no i i have it in the file all right i see i was picking up my
son uh my the the vpk is two minutes from the from my house so my yard is in orlando it doesn't make any sense for me to drive to orlando to leave my truck because i was working on dylan leave a truck then come back to dotona and it was less the maybe one hour let me let me just pause right there
the violations that are being alleged are not about the truck am i right city yes so i understand that you're you know that that i mean it's in the file um but the violations are not about parking the truck
there for a few minutes it's obviously you're not the truck it's about the trailer the dumpsters it's about the right away and the right of way yes which so as you can see but how would i get to my backyard if i cannot use your the right away so do i have to drive from the driveway that is on the other side of the house okay through the whole front yard to put the trailer there to load my trash so you so
let's take the violations one at a time yes the first one is about maintaining the right of way and making sure that it's litter debris you uh is removed cutting the grass and weeds and maintaining a neat and trim of appearance there's clearly i mean okay so b2 i can see there's more grass that's been basically removed um due to driving the b3 is a little bit better today perhaps
a little bit better but not fully there if you check any house on the autona they don't have like full grass around the house it's sand so it's hard even if you put seed you can buy new grass from home depot it dies it most of it it doesn't stay there because my whole yard doesn't look that nice so it's you have science it's not like you have there it isn't good for the for the you're saying
that you have tried to plant yes i have well you you'll see a difference between that well from three
months ago and now yeah i've been trying to do my best to keep it up um i mean i'll let the city respond
to that what what is your um response to you know there has been obviously some effort to repair or restore the right-of-way i mean that's apparent from the photos so i was about to bring them to the
well since these vehicles are still going through the right of which which we don't allow he is
continuing you know not properly maintaining that right away well okay but that's so you're you're a jumping forward to violation b so i'm i'm right now i'm on violation a which is is the right-of-way maintained properly and i'm i mean it i mean it obviously looks like there's been an effort to
it's not a hundred percent like i wouldn't lie to you i drive through there sometimes but it looks a lot different from three months ago yeah months ago was like ugly now at least i'll say it's like at least a 80 percent done all right just some some parts that in its uh grass yeah all right let's let's pause
this one i want to talk about violations b and c so for the city um i have i mean i i have concerns about both of these so violation b is for you know that you're using the right-of-way for a basically non-intended purpose without prior written consent of the city which would be the city commission the right-of-way the intent for a right-of-way is for a thoroughfare so what would i be finding that is i mean what is the unintended purpose when a right-of-way is intended to be used for
as a thoroughfare it's not allowed to be used as a thoroughfare unless there's a permit issued for that and when when they um for access to the property other than the driveway we we require an apron concrete apron to cover that area that way that prop the right-of-way is properly being maintained but in this case he is not he's tearing up the right-of-way with commercial vehicles and the trailers going in and out of the property the city does not want that to happen we want to maintain the right-of-way and there's no permanent application submitted for that access to the
right-of-way is there a separate code section that uh that establishes that uh that that you need to have a permit for a driveway access excuse me i was never informed of that they just told me i
couldn't do it they never told me that you need to get you could get a permit to to drive through here i was never informed of that i just i was just told that you cannot use the right-of-way that's what it says on all the every citation that i got at my house all right the and sometimes you know
depending on what the code says you may not be able to obtain a permit for it because you can't have more than a certain number of openings or driveways you know within a certain distance i you know again i don't know but i'm struggling to find that this is not an intended purpose without some additional backup information like that there's another code section that says you must have a permit for a driveway access um if you can point me to that then i would consider that in this case we just don't
want him to use in the right-of-way to access the property well again i need to have a code section
to to help me say what is the intended purpose because i i think if you understand what i'm saying is that a right-of-way that's the nature of the right-of-way is that it is supposed to be used for for a thoroughfare so i need to have some additional evidence of intent that the city commission does not intend for it to be used in this way so where is that in the code that's what i'm asking okay um i'm going to talk about violation c for a moment too um you this is citing a home occupation section so the gentleman has said that he is not running a business from the house what evidence does the city have that you're that he's running a business from the house we see the dumpsters with his logo for
the for the occupation uh for his business and we just checked sunbiz the the his business is active
according to sunbiz right now it's not under my name or my address and it's a different company i sold the name to somebody else and i kept some dumpsters the amazon dumpster used to be on the ymp service amazon dumpster used to be a petition's name that i paid for it to run my business because i had a different name and i didn't want to create another company and new credit and all of that so i create amazon dumpster so to keep my old company my old lc which was closed on last december you can check on sunbiz ymp service lc and what's closed last december all right but so these but so you are using
them for your business purposes not right now not right now they're for your personal use yeah when
they're in my house they're for my personal use okay i i mean so i have i mean if there's a factual
issue there in terms of whether or not he's using it for business purpose um also i'll note that this section of the code 110-807 it hasn't been updated since 2013 and there have been um you know there's the new state law about um uh home-based businesses and i'm not sure you know i i have you conferred with the city attorney about this this uh section we have not but you know for this case who like to yeah so i think because again there's certain preemption issues that um arise with that home-based business section and uh i i question gotcha this this one so i would suggest to you that you at minimum may want to continue violation c um to discuss that whether you want
to pursue that actually i'm going to continue all three okay that way we can you know review with our attorney city attorney on these matters okay okay we will do that thank you all right we're going to
continue the case sir to next month um so in the meantime i suggest you try to uh maybe speak with mr ron and see if you all can come to a resolution so you don't have to see you back here i hope here's
the thing they tried to get me for a while because i wasn't allowed to rent dumpsters on the tona so this could be going on for a couple years already when they couldn't get me because i wasn't renting on the tona i was just putting the dumpster on my house well i was like slow or i didn't have enough work i was just throwing the dumpster on my house they tried they were saying that i was renting the dumpster i explained to them if they every time they sent a different person this is for the first time that i see him no nobody that i have to go to my house i have seen him before it isn't here every every person that went to my house except him i think he was at my house the the 12th and he saw that my dumpster was on my trailer and i was cleaning my backyard when when they went to my house so the house is not used for commercial use i just well i just talk sometimes the dump and most of the time it's not even 24 hours most of the time if the day slow i just leave it there and the next
day it's gone all right let me again let me just say we're first of all we're going to continue the matter i would just caution everyone that i'm questioning some of the the the citations here however um i believe that there are other uh you know other sections of the code that would prohibit you from having dumpsters in your side yard okay so whether or not they have you know whether or not these particular citations are proper um we'll determine that next month but there may be additional uh provisions in the code that would prohibit you from having commercial dumpsters whether or not you're using them for personal use in your side yard so i'm strongly encouraging you to try to work with mr ron and resolve the issue so i don't have to see you back here okay all right thank you thank you all right this is del 25-066 massey case 3259 shingler terrace hi oh go ahead thank you my name is
janice palasic and i am employed by the city of deltona as a code compliance officer this will be massey case number del 25-066 the city of deltona versus vivian jimenez the property address is 3259 shingler terrace the parcel id number is 813-047-020-240 the statutory requirements for notification of this hearing have been met by the notice of hearing and notice of code violation sent certified mail to the property owner at the address listed with the property appraiser's records in addition both notices were posted 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 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 it was ruled on july 23rd 2025 that the property owner was given 30 days to comply the owner did not come into compliance within those 30 days and has been receiving a fine of 25 a day since august 22nd 2025 as of today the property has accrued a total fine of 850 dollars over 34 days the city is requesting that the fines continue at 25 per day thank you um okay so this is a picture from today yes the soffit is still not repaired on the side of the garage thank you soffit is essentially
missing yes all right um i find that respondent in this case failed to correct the violation by the time specified in special magistrates prior order in this case and the fine will be imposed as 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 code compliance inspector respondent shall notify the code inspector to verify compliance 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 25-089 1556 east normandy boulevard oh okay all right fire 037 2025 a b and c 1200 deltona boulevard your honor this case came into
compliance um just shortly before this hearing oh okay all right so that one is withdrawn let me write
that down actually okay we have fire 038 2025 a through f 605 courtland boulevard good evening your
honor um for the record my name is lisa nadeau i am employed by the city of deltona as a fire safety inspector this case will be fire dash 038-2025 city of deltona versus mfp deltona llc property address is 605 courtland courtland boulevard deltona florida 32738 parcel id is 813603000010 this is a violation of the 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 for the following
violations oh mr dale sorry to interrupt really quickly but so the agenda says a through e and the case file says a through f is there an f violation f no it's just a mistake on the file okay got it thank
you yep you're good um violation a nfpa 1 chapter 13.1.6 detailed records documenting all systems and equipment testing and equipment testing and maintenance shall be kept by the property owner and shall be made available upon request for review by the ahj violation b has come into compliance prior to this hearing violation c is nfpa 1 chapter 63.2.1.12.2.2 signs prohibiting or open flames within 25 feet of area perimeters shall be provided in areas where toxic highly toxic corrosive unstable unstable reactive flammable oxidizing or pyrophoric gases are produced stored or used violation d has come into compliance prior to this hearing okay violation e is nfpa 1 chapter 13.1.8 all fire protection systems and devices shall be maintained in a reliable operating condition and shall be replaced or repaired where defective or recalled corrective action for the said violations is violation a please provide a copy of the current backflow inspection maintenance report for the courtland boulevard entrance violation c please provide signage on the lp tank which states no smoking and violation e please contact your fire alarm service provider to repair the deficiencies outlined in the 1203 2024 fire alarm inspection report statutory requirements for this notification of this hearing have been made or 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 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 march 26 2025 i conducted a fire safety inspection at this address where i observed that the above mentioned violations the property owner was notified in writing of the violations and given a time frame to correct said violations subsequent re-inspections on may 9th 2025 june 4th 2025 june 26 2025 july 7th 17th sorry 2025 and august 20th 2025 found no progress on the noted violations this would 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 day per violation until such time that the property
owner has notified the city of compliance okay so um just so we're talking about violations a c and e correct yes ma'am so violation a um you are requesting the backflow inspection and maintenance report yes from that tag okay so there was an inspection and the tag said that there were is the tag saying
there's deficiencies no it's a green tag so it shows that there's no deficiencies okay but we just need
record of of the inspection report okay okay and then um for violation c this is uh can we go is there
a picture for that yes so you have the propane tank and has no no smoking signs on it okay um and what is the property used for it's a retail it's public's is the main main store and then there's a retail side to
it oh okay so it's like a shopping center yes ma'am okay all right and then for violation e um were you so the violation is that they are not maintaining the fire protection systems in a basically in a good good working condition right yes specifically the fire alarm okay the fire alarm um did you inspect that
i was able to gain access to the closet one day and saw the tag on there they did send me the report and there was noted deficiencies and i'm just asking for a report showing that those deficiencies have
been repaired but you were not able to yourself determine that that there was a deficiency i'm not certified to do the fire alarm systems i'm not yeah here's my my problem is is that that without that without your inspection and your personal knowledge then i'm basing it on hearsay which is a report from another person from their fire alarm company that yeah obtains the fire alarm panel right that's still hearsay do you have i saw that your light came on mr schaller i mean i i disagree your honor
the um the fire alarm contractors you know licensed contractor by you know for department of business professional regulations they certify the um that the alarm system is either currently still in compliance than fba 72 they test all the devices um if it is they provide you know a clean bill of health report if it's not they provide a report on the bottom of it has deficiencies um they do sign their name of who inspected the system they provide their state issued license number they're either a you know specialty fire alarm contractor or a general electrician um and this is you know it's been an industry norm and fire prevention for fire alarms came around i want to say in the early 60s electronic fire alarms um and that's been the norm that that has been held is that if the the fire alarm
contractor cites a deficiency yeah but and i i understand that the problem though is that i'm not permitted to find a violation based solely on hearsay and the the violation here is based solely on a report by someone else that obviously that person is not present um and so i have no one here that has really personal knowledge of the fact that the fire alarm system is not functioning properly so um you know as much as i uh i mean i'm concerned about it from a safety standpoint of course but i you know i feel that i'm not i'm not able to find a violation based solely on hearsay so um for that one i think i'm going to either i can continue it if you think that you might be able to have um the person who has actually inspected it uh provide some testimony or if you know if i mean miss nadeau you said that you weren't licensed to do that but you know if there's someone else um with the city who is who's able to do that if you would like me to continue it i can um that's up to you but i don't feel that i can find this violation based on the evidence that's been given is that different from i know previous cases
we have presented these reports and you have found a violation um based on them well i think that um
um you know i just i don't see i mean again i don't see how this is anything other than than hearsay and there's nothing i mean usually you have pictures you have other things that are i think supporting your testimony again you know i can find violations where there's other competent and substantial evidence to support it but in this case all i have is your you know testimony that there's a report that says there were deficiencies um and that is hearsay so i don't think i can yeah no i
didn't mean to interrupt you i'm sorry i apologize no go ahead do you have a copy of the report in your
exhibit packet i may but it still would be hearsay even if it's in the packet i think i think what i was
trying to get at is in the report um and i'm gonna i'm gonna join miss miss nadeau there so i can take a
look at the report myself is it this this page right here page a or it would be exhibit h as in
hotel um exhibit h go to the last page and then under uh section 7 deficiencies um it's a 2 12 volt 8 amp hour batteries testing low need replaced and then there's one 12 volt 8 amp bothering battery in a monitoring box testing low which needs replaced um you know it would be it would be impossible to take a picture of the battery testing low well you know again my my uh offered or suggestion
is you know if you want to continue it and you can have someone who has um first-hand knowledge to testify then that is your option otherwise i can dismiss violation e all right we'll go ahead and continue violation e all right all right so we're going to continue violation e um is there anything else before i make the ruling okay um and i'm sorry you suggested that you would want to them to come into compliance by for a and c by when 30 days 30 days and um are you requesting 50 for each or 25 uh 50 per day per violation okay um i'm going to find respondent in this case in violation of the city code as charged for violations a and c and that respondent correct the violation before 4 o'clock p.m on uh october 24th 2025 which is 30 days and uh in the event respondent does not comply by the state a fine in the amount of 50 per day for each violation which would be a hundred dollars total will be imposed for each day the violation continues past the force day to date the 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 notices properly given in this case and again we will continue violation e to next month thank you all right thank you this is fire 039-2025 1878 providence boulevard the record my name is samuel schaller employed by the city of
deltona as the assistant fire marshal this will be case number fire 36-2025 city of deltona versus fast lane 1878 investments inc property address is 1878 providence boulevard suite t deltona florida 32725 parcel id is 813-015-160-060 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 nfp1 fire code chapter 1.7.12.10 which states no construction work shall proceed until the proper permits have been achieved the um excuse me until the property permits have been issued by the authority having jurisdiction corrective action for said violations is to obtain an issued building permit for the new wall and door statutory requirements for notification 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 owner's records property appraiser's records excuse me you know your honor i'm gonna have to completely back up okay gonna have to continue this case as well my my printer printed me all the wrong information for this case okay all
right so we're gonna continue oh three nine we had a lot of continuances today all right um is that the last case oh okay all right um anything else that we need to cover before we adjourn no all right we are we are adjourned thank you
you you you you you you you you