Special Magistrate on 2026-09-23 5:30 PM - Sep 23, 2026

personnel, identify themselves for the record, please. Danny Rahn, Code Compliance Manager. Mark Gibson, Code Compliance Supervisor. Todd Mead, Code Compliance Supervisor. Jessica Cotterman, Hearing Clerk. Tyler Russell, Code Coordinator. Code Compliance Officer Zina Pagan. Code Compliance Officer Jason Rivera. Code Compliance Officer Joel Taylor. Code Compliance Officer Enrique Rios. Code Compliance Officer Joseph Mar Jimenez. Code Compliance Officer Janice Pulasik. Bashir Turkzee, Code Compliance Officer. Tom Ruddy, Code Compliance Officer. Desiree All, sir. All right, very good, and good evening to each of you. Let me ask all of those who are able to do so to stand with me and say the Pledge of Allegiance, if you would all rise. 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. Thank you. You may be seated. And at this time, let me state on the record that I have had no communications with any persons about the substance of any of the cases on tonight's agenda. So I'll be hearing about them for the first time as we go through the hearings. I do have the exhibits pre-filed, and I'm all ready to go on this end. I've got the agenda and minutes from last month's meeting. Are there any objections to approval of the minutes? That objection and those minutes are approved. Are there any announcements that need to be made on the record at this time? Yes, there it is, Your Honor. We'd like to withdraw case number DEL 26-064, case number DEL 26069, case number DEL 26070, case Fire 045-2026, A NB, Fire 047-2026, A NB, Fire 048-2026, A NB, Fire 049-2026, A NB, Fire 050-2026, A and B, fire 049-2026A and B, fire 050-2026A and B, and fire 051-2026A and B. And we'd also like to continue case DEL-26028. All right, very good. So those cases will be withdrawn, the ones identified on the record, and we'll continue DEL-26-028. Any other announcements or amendments to the agenda? Not at this time, sir. Let me go ahead then. At this time, we'll get all the officers sworn in as well as any witnesses who are there in attendance. If you would all, please raise your right hands for me. And do you swear or affirm the testimony you'll give will be the truth, the whole truth, and nothing but the truth? Yes, sir. Very good. And with those preliminary matters out of the way, we can begin calling the cases. Our first case, Your Honor, could be DEL-26038. That's 1968 South Old Mill Drive. Good evening, Your Honor. Good evening. Good evening. I am Co-Compliance Officer Tina Pagan, the City of Deltona versus Vern Tyler and Vern Jody J. I mean, G. The parcel ID number is 813-00-915-0160. It was ruled on July 22nd, 2026, that the property owner was given 30 days to come into compliance. The property owner did not come into compliance within those 30 days, and the property has been receiving a fine of $100 per day since. On August 26th, the property has secured a total fine of $500. On August 26th, 2026, it was ruled that the property owner was given an additional 30 days to come into compliance. Due to the property being in compliance, the city requested to impose a one-time fine of $250. This is the one with the driveway. What is the current status? It's still non-compliant? It's compliance. It's in compliance. That's the actual sod, which was placed on the area. So what the city is seeking now is, did you say a one-time fine of $250? Correct. Yeah, I see this out there. All right. And do we have the property owner here? I know he's been here before. Yes, this is Tyler, the property owner here. All right. Did you have any questions for the officer? I guess I have a question on the $200 fine since I'm compliant. And I wasn't aware of that in the written terms from the 30-day period that we had. Due to the first 30 days, you're supposed to be in compliance, which accrued a $500 fine fee, which an additional 30 days was given. So we decided to go with cutting the $500 fine fee into $250 instead of adding, continue adding all the way until you became in compliance, which I'm unaware of the exact date for the fact that I wasn't notified. So instead of accumulating $3,300, we're just going to put it to a $250 one-time fine. And Mr. Byrne, did you have any questions or any other questions for the officer? I guess I'm trying to figure out how to word it. I'm trying to figure out exactly, I believe, I'm sorry, I'm trying to figure out how to word it. I guess I'm just trying to figure out how this fine is coming from. I'm not really here to negotiate. I just was given terms, and I abided by the terms. I have timestamps for the terms, and I'm really not trying to, I guess, I mean, if that's what it needs to be, then I'll accept it as it is, and I will go from there. I'm looking at it right now. Now, when you were here last time, you had accrued a fine of $500 for the noncompliance from the compliance date to the hearing. But you had made progress, so I essentially continued the hearing last month to see where you were today and then decide what to do about the fine. Now, the city has testified that you're in compliance, so the property is no longer in violation. At some point between last month and today, the fine stopped accruing, which had been accruing from the day after the compliance date until whatever you finish putting it aside. But the city is asking simply to impose a fine of $250, which is half the amount that it accrued before last month's hearing, and presumably less than whatever might have accrued between that date and the date you finally came into compliance. But rather than continue to run that fine or increase the city's proposing that we reduce that to half, that's where that's coming from. It reflects the noncompliant period that existed after the compliance date. Understood. So here's what I'm going to do. And then, first of all, I'm happy to see that this property is now in compliance. I think we had a couple of hearings on it. And I'm happy that the outcome is what it is. I'm also happy to adjust that fine and accept this recommendation. I think it's a fair one under the circumstances. We'll just take the fine that had accrued prior to last month's hearing, and as the county suggested, we'll cut it in half. So we'll simply impose a fine of $250 for all the period of noncompliance after the compliance date and leave it at that. Is there anything else that the city needs on this one? No, that is all, sir. All right. And, Mr. Byrne, did you have anything else? I don't think that's it. Thank you. All right. Thanks for coming in, and also appreciate you getting that issue resolved to the city's satisfaction. Actually, if you don't – thank you. I appreciate that. And I actually do have a quick question, if you don't mind, because I haven't been through this before. Now that everything's concluded, is there a way I can get a written conclusion of the outcome of this? Well, there should be – we'll enter an order imposing the fine. So that will be the final order. And once that's done, a discharge, then the case will be closed, and it's all done. Understood. Thank you. All right. Thanks for coming in, and you're free to go. Thank you. Your Honor, our next case will be DEL 26040 A&B, 2280 Revington Road. Good evening, Your Honor. Good evening. I'm Court Compliance Officer Bashir Turksey. This is the City of Deltona v. MM Living Trust, age 1715, parcel ID number is 81-30-580-03-0160. It was ruled on July 22nd, 26th, that the property owner was given until August 21st, 26th, to come into compliance. The property owner did not come into compliance by the said date and has been receiving a fine of $500 per day, $250 per violation since August 21st, 26th. As of today, the property has accrued a total fine of $8,250 over a period of 33 days. The City requests the fine to continue, $500, representing $250 per violation per day until the property has been brought into compliance, and the compliance has been verified by the Court Compliance Officer. All right. Do we have the owner present? Yes, sir. I'm right here on the phone. Okay. Do you have a camera? I can't see you. I can hear you. Yes, sir. Let me. There you go. Yes, sir. All right. Tell me your name again. My name is Milton Manzuera. I'm the representative for MMM Trust. Can you spell your last name? Manzuera. M-A-N-Z-U-E-T-A. All right. And this involves the unpermitted pool, right? Yes, sir. So do you have any questions for the officer? Well, no. Mr. Bashir just represented that I was given until August 22nd, or whatever date that was, to have this taken care of. And the last time I was here, I was given 90 days to complete it, but I was supposed to pull the permit within 30 days, which I wasn't able to. As you can see right now that I'm in the cabin of a truck. I'm a truck driver. I was trying to make a living, and I was not able to take care of it, to pull the permit. I will be in compliance within the 90 days that was given to me. So I came in the office a few days ago. I drove all the way from Atlanta because I knew that I have to. Now, at this point, I have to. I came down there and I applied for the permit, but I'm kind of caught up in the bureaucracy in the middle because in my backyard, in our street, there has never been a lake there. Since I've been there, the previous owner, who I was there, there's been no lake back there. Now, there used to be a lake further back before, but I don't know what happened, whatever the case may be. So now they couldn't approve the permit because the survey needs to show that it's a dry-up lake. Well, I mean, there's no sign of lake of my property, neither my next-door-neighbor property. It may be way back or whatever the case may be, but like I said again, I was given 90 days, not 30 days. I was given 90 days, but I was supposed to pull the permit within 30 days to get the process started, and I was unable to. Right. You had a deadline of August 21 to get the permit, to pull the permit or obtain the permit, and then you have until the 20th of October to finalize the permit, but I guess the first deadline was missed, which triggers the fine on the two counts. You're saying you've tried to get the permit, but you've run into some difficulties. That is correct, and this should not be punitive. It should probably come into compliance, which I'm totally in agreement and needed to be done. I just have not been able to, financially and medically. I had surgery and et cetera. I'm making no excuses. I'm going to take care of it, but this should not be about punitive and fines. This should be about trying to assist me in coming to compliance. And if you gave me 90 days to complete it, I'm requesting for this body to allow me 90 days to complete it. If I don't complete it, then go ahead and impose those fines. Well, essentially, that was the amount of time that was given at the last hearing. I guess it was 90 days to finalize the project, 30 days to get the permit pull. The first piece hasn't happened yet. That's the problem. And I agree with you to a certain extent. The fines aren't supposed to be punitive. They are supposed to be coercive, however, to the extent that they get people to get the job done rather than let it languish. So, all right. Anything else, Ms. Medvede, that you wanted to say? No, I just, you know, for someone who's just, you know, who's in economic hardship or someone who's been, you know, has major back surgery, I mean, what the city isn't trying to impose on me, I mean, it's only going to be catastrophic to make things worse. You know, and we shouldn't do that to our community members, especially when I'm not saying I'm not going to do it, I'm going to take care of it. Tell me again where the permit process is. All I know, they were not able to approve it because the survey that I submitted that I have, it cannot be approved because it needs to show, they need to highlight, there was a dry lake back there because there's no lake back there in my property. So, they can't approve it because now it's like, it's caught in a technicality bureaucracy between a lake, because, you know, there are different rules, as you all know. I mean, I don't want to sound like I know what I'm talking about, that's just what I understand, that, you know, the setback, if it's water, then it needs to be, I think, 30, if it's no water, it needs to be like 5, etc. So, there's no water back there, there's no lake. So, the process is, I apply for the people to come out and do it, they're going to do it within two weeks, I will have this done to Mr. Bush here, to the office, within the next, I'll say, no longer than 20 days. If I don't do it, then, listen, I impose the penalty on myself. Does the city have anything else? No, sir. I just wanted to clarify that Mr. Milton applied for the permit on the 21st, which is just two days ago, and I believe that's where the misunderstanding is. The permit was supposed to be issued by the deadline that was provided last month. The permit application was just made two days ago, not in August, right? The deadline was August 21st to get the permit, but that didn't happen. The application was just made a couple days ago? That is correct. I drove from Atlanta, because you can't do this over the phone, and I'm not a contractor, so you have to appear in person. That's the other technicality of bureaucracy. Right now, if I turn this camera around, let me show you what I'm telling you. Right now, I'm way on the road. Nothing but trailers in front of me. I'm working. So I had to drive way eight hours to get down there because the bureaucracy says that you can't do it online, which means I had to pay diesel on the 18 truck of almost $800 just to come in person and go take care of this. Now, some things need to be accommodated so people can be in compliance, because if contractors can do it online, why can't a homeowner can do it online? I mean, I don't want to argue those things. I just need the mercy or the understanding of this body. But all I'm just saying is that it should not be – I just want to put on the record that it should not be red tape or hindrance. It should be – if the contractors – or it should be other means that if someone is trying to comply, when I call to check, can I come down there and do it? You can't. You've got to come do it in person. All right. Well, Mr. Menzweiler, here's what I'm going to do, and I'm not unsympathetic to your situation, and I understand the difficulties that owners can face getting permits after the fact and things like this. On the other hand, we did impose deadlines at the last hearing, and for a reason, to keep things moving forward and make sure the property gets brought into compliance without undue delay. So I'm going to enter the order imposing the accrued fine, and it will continue to run until the property is fully in compliance. So it's running at a pretty heavy – it's a $500-per-day fine, so it's accruing quickly. I do urge you to get this resolved just as quickly as you can. The time for mercy is after you're in compliance, and then we can review the case in a hearing you can request for a reduction of the lien, and I can consider these facts in that context. But the first order of business is to get the property in compliance, and until that happens, the fine serves that coercive purpose. After you're in compliance, we can review whether it's too punitive under the circumstances. But right now, I need to make sure we get this thing permitted because you've got an unpermanent swing there on the property, which is potentially unsafe. No, there's nothing unsafe back there, and I just want to say quickly, so somebody gets fined $100 of the $3,300, and they come up to $250. So I hear what you're saying. We will revisit that. I just want for the record for it to be shown or to be noted where I am saying that I would like those same considerations to be addressed, and we'll move on to that place. Listen, let the penalty run, and I guess we'll go from there. He was in compliance, so that was kind of an informal reduction in effect. But once you're in compliance, you'll be in a position to seek to reduce the fine, and I'll be happy to look at all these facts. And, again, I hear what you're saying, and I'm not all sympathetic, but we do need to get this in compliance. Yeah, I agree, but the thing is that it's a matter of a judgment call. So, in other words, if I'm given the opportunity to come in compliance, but right now we are imposing the fine, and then we'll reconsider versus giving me the opportunity to do it, even though I stumble to get it done by the deadline, I mean, it's a judgment call. It's a judgment call that can be done either way. You can allow me the opportunity because, again, it's just a decision of saying, hey, listen, we understand you fumbled the ball. You didn't get it done by the date, but here's what we can do. It's the same thing. It can go either way. You can impose the fine, or you can work with the resident and saying, hey, listen, you fumbled the ball. Oh, here's a penalty of $300. Here's a penalty of $500. Make sure you get it done by this date, and if not, the penalty will accrue. That's good faith of working with the community member of the resident. I assure you, Ms. Venezuela, I'll work with you on the fine once you're in compliance. Not a problem. Yes, sir. Let's get compliance first, all right? Does the city have anything else on this one? That'll be all, sir. All right. Come in, Ms. Venezuela, and, again, do stay on top of it because if and when we get to the point of looking at reducing the fine, it's better that you look and continue to be diligent, that will be helpful to you down the road, all right? One last question for you. How do we get to be $250 and somebody else is $100 or $50? What a scale are we using for it to be $250? What is the scale that is used? All the violations are different, Mr. Venezuela. No, but I'm just asking for the record. In other words, do we have a scale that we use? I heard what you said you're going to work with me, and I believe you are. You seem like a fair magistrate. I'm not arguing that. I'm just asking, so what is the scale that we use for the record? What is the scale that is utilized to say versus being $50, $100, $200? How do we get to $250 per occurrence? I don't remember the specifics of the original hearing, but I imagine that it had to do with the relative safety of the unpermitted pool. There is no safety. There is no water. There is nothing. It's empty. There is no water. It's an empty pool. There is zero concern of safety back there. Your Honor, if I may, the $250 fine is for all no-permit violations, mainly due to the safety hazards that could be associated with the building without a permit. But there is no safety. There is no water. And you saw it. There is no safety issues back there. It's a matter of compliance. Mr. Manzuela, the thing is, when work is not permitted, the city doesn't know if it's safe or not. I understand. No, we know it's safe because we drove with a drone. Listen, I yield, but all I'm just saying is let's not play hypothetical where we know the facts. There is no water. The pool is not being utilized. It's damaged from the hurricanes, meaning it was because it was empty then. That's why it got damaged. Mr. Bashir, no, because we have the drones. We have the ability. There is no safety issue, so that's mischaracterization into this body. That's not telling the truth. There is zero safety issue back there. Well, again, I don't want to argue. I think the unpermitted work is sort of unsafe per se because it hasn't been evaluated by the inspectors, so, you know, that's just how it is. Yeah. But, again, go ahead and get it permitted, and then we can come back and look at the fine. But we need to get the property into compliance first, all right? Okay. All right. Thanks for coming in, Mr. Mizwini. You're afraid to go? You need me to hold up, Danny? Your Honor, just give us a second, please. Okay. Okay, Your Honor. Our next case will be DEL 26041. That's 2865 facing circle. Good evening, Your Honor. I'm Code Compliance Officer Bashir Turkzi. This is the City of Deltona v. Jose Antonio Olvera Estrella, Jahaira Delgado. Parcel ID number is 81-304-340-0060. It was ruled on July 22nd, 26th, that the property owner was given until August 6th, 26th, to come into compliance. The property owner did not come into compliance by the set date and has been receiving a fine of $100 per day since August 6th. As of today, the property has accrued a total fine of $4,800 over a period of 48 days. The City requests the fine to continue at $100 per day until the property has been brought into compliance, and the compliance has been verified by the Code Compliance Officer. Very good. Do we have anyone here for the property owner? No, sir. So, let me receive the City's exhibits and that was based on the testimony of the exhibits. I will enter an order imposing the lien and the fines. The fines have accrued to the amount of $4,800 as of today. And that fine will continue to grow at the rate of $100 per day until compliance has been achieved to the satisfaction of the City. Is there anything else City needs on this one? That'll be all, sir. Thank you. That's it. Your Honor, our next case will be DEL 26049 A&B. That's 1149 Lyric Drive. Hello. Good evening, Your Honor. Evening. I'm Code Compliance Officer Enrique Rios, and this is Massey Case DEL 26049 A&B, City of Deltona v. Victor Modellin, NGT Prisando. The parcel ID number is 813040310160. It was ruled on August 26, 2026, that the property owner was given an additional five days to come into compliance. The property remains in violation and has not come into compliance. The conditions have progressed to include hospital visits for the tenant and other health implications. And, again, the property is receiving a fine of $100 per day since the ruling. As of today, the property owner has not made any contact with a Code Compliance Officer or even the tenant in regard to making repairs or any considerations that would assist the tenant or rectify or resolve the issue. To date, the accrued total fine is $2,300, and this is over the course of 23 days since our last ruling. The city requests that the fine continues at $100 per day until the property has been brought into compliance, and the compliance has been verified by the Code Compliance Officer. Very good. But do we have anyone here for the owner? The owner is not present. The tenant, however, is present, the reporting party. Did the tenant wish to be heard? Yes, sir. Just a moment. Good evening. Hi. I just have a question as far as the house has actually been deemed with two types of toxic black mold now that I've been in the hospital for multiple times. And I just feel like a fine of $100 a day is a slap in the face. Well, I guess it's a total of $100 per day continuing to accrue for the violations. I've actually had to hire attorneys out of my own pocket to fight this case. In a landlord-tenant situation? Yes, because as soon as I reported him to Code Compliance, he filed an eviction two days later from the last hearing. Okay. All right. Well, again, I'm sorry to hear that and obviously am sympathetic to that situation. In terms of the code violation, we've already adjudicated the noncompliance. And based on the city's exhibits, which I'll receive in evidence in the testimony, I'll find the violation continues and the property remains out of compliance. So I will impose the issue in order of imposing the lien and the fines, which have accrued in the amount of $2,300 to date and continue to accrue in the amount of $100 per day. Cumulative total that will continue to run until the property has been brought fully into compliance to the city's satisfaction. And I know that may not seem like a big fine to you, but in terms of the violations here, it's in proportion. And hopefully the owners will get these things resolved without continuing to accrue these heavy fines. Is there anything else the city needs on this one? No, Your Honor. Thank you. Well, Your Honor, I'm sorry. Can we get the tenant, if she would please state her name and address for the record, please? Yeah. Tiffany Alford, 1149 Lyric Drive. Thank you. Last name is what? Let me go ahead and get the last name. Alfred. A-L-F-R-E-D? Yes. Thanks for coming in, Ms. Alford. Hopefully this will get resolved without too much further delay. Thank you. All right. Your Honor, our next case will be DEL 26035. That's 789 Chippendale Street. I'm co-compliance officer Todd Mead. The City of Deltona v. SJS Royal Accounting and Realty, Inc. The parcel ID number is 813-024-020-020. 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 intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is yet regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Corrective actions for the said violation is to obtain a permit for the room enclosure. Application submitted to the City of Deltona. The structure must meet all requirements of City Ordinance and be approved on final inspection. Contact the Code Compliance Office when the permit number has been obtained. This case began on September 2nd of 2025 while working on a solid waste case at this address. As going to post the abatement notice on the front door, I noticed the wood panels near the front door. As I walked back to the vehicle, I noticed the window on the side of the home that was not there prior. I reviewed past case photos to determine that the window and the side walls have been added recently. I provided a door hanger notice to the property. The property owner did contact the office to ask for advice on the procedure to obtain the permit. The homeowner obtained permits for window and door replacement but needed more time on the enclosed room permit. The homeowner has been in contact during this period to obtain engineer drawings and apply for a permit. The application for the permit was submitted recently as of September 21st, 2026. The City requests 45 days for the property to come into compliance and a fine in the amount of $250 per day past the aforementioned date. Where does 45 days bring us to? Or something. It'll actually be 47 days. It'll be for November 9th. November 9th. All right. All right. And the property owner is online on Zoom. Yes, hi. Hi, can I get your name, please? Yes, my name is Shirley Ladino. Shirley Ladino, L-A-D-I-N-O? Yes. The owner? Yes. All right. Do you have any questions for the officer? I'd like if Mr. Somerville can speak on my behalf since he's a little bit more of what's going on with the property. Would that be okay? Who is that? The contractor? Yes, sir. Let me just ask, as the City, have any other evidence to present? But we hear more from the owner? No, we hear presented all. All right. So I'll go ahead and receive the City's exhibits and evidence. And Ms. Ladino, you wanted to have your contractor testify? Yes. Yes, I believe he's online. All right. I see Somerville Construction is in the meeting. Are you there, Somerville? Yeah, I'm here. And what's your name? Joseph Somerville of Somerville Construction. That's S-O-M-E-R-V-I-L-L-E? Correct. All right. And, well, why don't you go ahead and tell me what the situation is, as you understand it? Yeah, current status. So just for the record, I am not the contractor that did the noncompliant work. I've been in contact with Ms. Shirley since August 6th, officially under contract, when we hired White Hart Design Engineers. So we have, like the compliance officer said, we have a permit number, BLDR 26-2621. Currently, more information is needed. So I'm working on the drawing and load calcs from how the AC was tapped into for the room. We're aware that all exterior sheeting will have to pull off and be inspected, make sure that it was erected correctly per code. That is current status. So the city is proposing, like we said, a compliance date November 9th to get this work permit. What's your view on that? That's plenty of time at the speed that we operate, sir. All right. Very good. Ms. Ladino, do you have anything else you wanted to add? No, I just wanted Mr. Somerville so we can be okay on the time frame and everything. But, yes, that would be fine. All right. So then here's what we'll do. I'm going to go ahead and make a finding of violation with respect to the violation of legislation, the notice of violation concerning this unpermitted enclosure. We're going to set the compliance date to November 9th, 2026. If compliance is not achieved by that day, we start running a daily fine of $200 per day. We start on November 10th and run until the property has been brought fully into compliance. Hopefully, based on what I've heard, this violation will be corrected before that date. But if not, that fine will start running. Is there anything else the city needs on this one? Magistrate, I had said $250, I believe. $250, yeah. I have a question. Yes. This is Joseph Somerville. So does that $250 a day start after the 45th day, if not in compliance? Correct. Thank you. Anything else, Mr. Somerville or Ms. Ladino? Nope. All understood. All right. Thanks for coming in. You all are free to go. Thank you. Thank you. Thank you. Your honor, our next case will be DEL 26061. That's 1440 Whitewood Drive. Good evening, Your Honor. Good evening. I am Code Compliance Officer Janice Palacic. This is the City of Deltona v. Jose Leon R. Sr. The parcel ID number is 813-001-020-110. This is a violation of the City of Deltona Ordinance Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states that all accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair. Corrective action for said violation is to repair or remove the structure, which is the fence. This case began on June 29, 2026 for offense and disrepair. Courtesy door hanger was placed on a gate in front of the front door. On June 15, 2026, the property was still in violation and notice of violation was posted to the garage door. On September 8, 2026, the property was still in violation and notice of hearing was placed on the garage door. An affidavit of service was also completed. As of today, September 23, 2026, some of the fence panels have been removed, and I have been in contact just prior to this proceeding with the son of the deceased property owner, and he states he will have the remaining panels removed. And the city requests 47 days, November 9, 2026, for the property to come into compliance with a fine and the amount of $100 per day past the aforementioned date, which the son stated that he should have the rest of the fence panels removed by then. And can he remove those panels without a permit? Yes. Okay. All right. Very good. Do we have anyone here on behalf of the owner? No, sir. He was unable to connect with his internet when I spoke with him earlier. Okay. All right. So I'll receive the city's exhibits and evidence based on the testimony in the exhibits. I'll make the finding violation as to the charge involving the fence and disrepair. We're going to set the compliance date to November 9, 2026, 47 days within which the owner can bring this into compliance by removing them from any panels. If that is not completed by November 9, we'll start running a daily fine of $100 per day on November 10 and run that fine until the property has been brought fully into compliance to the city's satisfaction. Is there anything else the city needs on this one? No, Your Honor. Thank you. All right. Thank you. Your Honor, the next case will be DEL 26062-593 Hartley Avenue. Good evening, Your Honor. I am Code Compliance Officer Janice Palacic. This is the City of Deltona v. Chaston L. Williams. The parcel ID number is 813-001-100-180. This is a violation of City of Deltona Ordinance Section 18-3, adopting the latest edition of the Florida Building Code Section 105.1, which states that any owner, authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or to replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Corrective action for said violation is to obtain a permit for the work being done on the exterior walls, the cinder blocks. Architectural drawings or engineer drawings may also be needed for the permit. This case began on June 21, 2026, when I noticed concrete work on an exterior wall being done at this property. I checked and noted that no permit was on file for the work being done. I posted notice of violation to the front door. On September 8, 2026, the property was still in violation and no permit was on file. Notice of hearing was posted to the property and was also sent certified mail to the property owner. An affidavit of service was also completed. As of today, September 23, the property is still in violation. The resident did contact City Hall yesterday evening to inquire about a permit. He was instructed that he would need engineer drawings to obtain the permit. The city requests 30 days, October 23, 2026, for the property to come into compliance with a fine in the amount of 250 days, 250 per day past the aforementioned date. Very good. Do we have anyone here for the owner? Yes, Your Honor. I'm going to see if the city's exhibits and evidence, and who do I have for the owner? My name is Chaston Williams, sir. All right. Mr. Williams, do you have any questions for the officer? As of right now, I don't. It's just for this matter, a drunk driver had drove into my house and how this damage was inflicted, and I had no idea that I had to file a permit. I grew up in Puerto Rico, so I have masonry experience, so I just figured it would be a project of mine that I could reconstruct that. Unknowingly, I had to get a permit. Unknowingly, I've been dealing with a lot of financial hardship or just financial issues lately with divorce and car issues. It's kind of been a pain to try to acquire the permit for this, so I'm willing to do it. I'm going to do it. I just need the means and the financial stability to do so. Okay. Well, the city is proposing a deadline of October 23rd. What's your reaction to that? I can get right on it. I do work five days a week. I have my daughter two days a week. I work 70 hours a week. When I'm at work, I'm a chef. I just came from work in Winter Park, Orlando, and I have to go back there after here. I've been making phone calls since yesterday. Of course, it was a little later in the day. I continue to make phone calls to try to get in contact with an engineer to have any drawings and inspections to come out and see if I get quotes for doing that work. You don't live in this house? I do. That is my residence, sir. Okay. I work in Winter Park, Orlando. Okay. All right. All right. Very good. So here's what we'll do then. Based on the testimony and the evidence, I will find the violation that exists as stated in the notice. So we'll set the deadline for correcting that violation on October 23rd, as the city has recommended. It should hopefully be enough time to get this taken care of and avoid incurring any fines. If the property is not in compliance by then, starting October 24th, we start running a $250-per-day fine and run that until compliance is achieved. Certainly, Mr. Williams don't want to see that happen, so do stay on top of it. I understand the situation you're in and having to deal with it while you're working many hours, but this one does need to get resolved so that we can avoid imposing that fine for the unpermitted work. Do you have any questions? No, sir. Do you need anything else on this one? The city actually will go and extend it 90 days to December 22nd. All right. So let's go ahead and we'll revise that ruling. We'll give Mr. Williams some additional time to get this done, and we'll make that deadline December 22nd so that if you complete the permitting process and have that permit finalized on it before December 22nd, you'll avoid incurring any fines. We'll only be after that date starting on December 23rd of 2026 when we start running that $250-per-day fine. That's going to give you a little breathing room. I do urge you to stay on top of it, though, because that fine is something you want to avoid. Yes, sir. All right. Thank you. Thanks for coming in, Mr. Williams. Good luck to you. All right. Thank you. Thank you. Thank you, Your Honor. Your Honor, our next case will be DEL 26063A and B, and it's 2913 Lake Helen Osteen Road. We'll turn it off. Okay. Hello. I am Code Compliance Officer Tom Ruddy. This is the City of Deltona v. Gonzales Elias Acosta. The parcel ID number is 813-058-030-070. Violation A, this is a violation of City of Deltona Ordinance Section 18-3, adapting the latest edition of the Florida Building Code Section 105.1, which states that any owner, authorized agent who attends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Corrective action for said violation is to obtain a permit for defense. Violation B, this is a violation of City of Deltona Ordinance Section 18-5, adopting the latest edition of the International Property Maintenance Code Section 302.7, which states accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair. Corrective action for said violation is to repair, replace, or remove the fence. This case was signed to me by the department manager on May 7, 2026. Upon arrival at the property on May 7, I observed the fence in disrepair, and there is no permit on file for said fence. The notice of violations were posted the same day on the front door. The property owner was given until May 17, 2026, to come into compliance. On August 16, 2026, the property remained in violation of both ordinances. There has been no contact from the property owner as of this time. As of today, the property is still in violation. The city requests 30 days, October 23, 2026, for the property to come into compliance, with a fine and amount of $250 per day for violation A, and $100 per day for violation B, past this date. That is all. Thank you. All right. Thank you. Do we have anyone here for the owner? We do not at this time. All right. So I'll receive the city's exhibits and evidence based on the testimony in the exhibits. I'll make a filing violation with respect to the charges in the notice as to violation A, the unpermitted work, and as to violation B, the fence in disrepair. Let me – tell me again, Officer Ruddy, what is the compliance that you're seeking? I'm sorry. What was that? The compliance dates? Oh, I'm sorry. October 23, 2026. Okay. For both, correct? Yes. All right. So we're going to set the compliance date as recommended to October 23, 2026. If compliance is not achieved by that date, we'll start running a daily fine in the amount of $250 per day as to violation A to $100 per day as to violation B. Those fines would begin to run on October 24, 2026, and run until the property has been brought fully into compliance to the city's satisfaction. Is there anything else the city needs in this one? No, that is all. Thank you, Your Honor. Thank you. Your Honor, our next case will be DEL 26065. That's 313 Providence Boulevard. Good evening, Your Honor. Evening. I'm Code Compliance Officer Josimar Jimenez, the City of Deltona v. Utsi Hayward, Jr., EST. The parcel ID number is 813-012-120040. This is a violation of City of Deltona Ordinance Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.15, which states exterior doors, door assemblies, operator systems, if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwellings and units, sleeping units, shall tightly secure the doors. Lock on means of egress doors shall be in accordance to Section 702.3. The corrective action for said violation is to repair the garage exterior door or replace the garage exterior door with a required permit. This case began on July 31, 2026, when I received a case from my manager to go to this property for a possible garage and disrepair. I inspected the property and observed the garage door area of the home covered with tarps, and it appeared there was no garage door at all. The area was open with furniture still left inside. There was a notice on the front door from Wells Fargo to reach out to them for any issues on the property, which I did. Reach out by my phone the same day, and I was able to speak with a representative who stated that a work order will be placed on for the property. I re-inspected the property a week later on August 7, 2026. It appeared that no action has been taken to repair the garage door. In addition, no communication has been received from the managing company, Wells Fargo, in reference to the repairs. A notice of violation was posted on the property and sent out certified mail. I re-inspected the property on August 22 after the 10-day notice of violation posting, and I noticed no change. On September 2, 2026, I received a voicemail from Wells Fargo about the property. A representative named Sierra called. She said that they are working on fixing the garage door, but they have not given me a time frame as to when the garage door will be repaired. I tried calling Sierra back from the company with no success. I, however, was able to leave a message with another representative informing them of my call and to please reach back out to me to let me know of any updates. A notice of hearing was posted on September 2 on the property, and I also noticed they removed the tarps and boarded up the garage opening. As of today, the property remains the same with the boarded-up garage opening with no changes or communication. The city requests 30 days, which would be October 23, 2026, for the property to come into compliance with a fine of the amount of $100 per day past the unformatted date. All right, very good. Is there anyone here on behalf of the owner? No, Your Honor. I did receive a phone call from the managing company. They were unable to get in a Zoom today, but they are aware of the violation, and they're working on it. They just can't give me a date, and that's the biggest issue. I can't get an actual date of when, how much time they're going to need to get that garage door back up on the house. So I'm just asking for 30 days at this time. They just need a garage door. Do they need a permit then, or can they just put a garage door on? They do need a permit. They're going to need a permit to put a garage door on there. I wasn't aware that there was no garage door. So, yes, they're going to need a permit for that. All right. So I'll receive the city's exhibits in evidence, and based on the testimony and the exhibits, I'll make a fine of violation as to the charges set forth in the notice involving this garage door, a garage, rather, entryway that doesn't have a door and is not secure and locked. So we'll set the compliance date to October 23rd, 2026. If compliance is not achieved by that date, we'll start running a $100 per day fine on October 24th and run that fine daily until the property has been brought into compliance to the city's satisfaction. Is there anything else sitting needs on this one? No, Your Honor. All right. Thank you. Thank you. Your Honor, our next case will be DEL 26066, and that's 668 Pepperwood Avenue. Hello again, Your Honor. I'm Code Compliance Officer Joseph Marjimenez, the City of Deltona v. Chestnut, MLED. The parcel ID number is 803-605-050-250. This is a violation of the City of Deltona ordinance section 18-5, adopting the latest edition of the International Property Maintenance Code section 302.7, which states accessory structures, including detached garages, fences, and walls, shall be maintained structurally sound and in good repair. The corrective action for said violation is to repair or remove the structure, and this case would be the fence. This case began on July 30th, 2026, when I was directed to go by my manager to this property for a fence and disrepair. When I arrived at the property, I noticed several fence panels missing from the front face of the home. I proceeded in posting a notice of violation that day and sent it out certified mail to re-inspect after the 10-day compliance date given. After the notice of violation, I re-inspected the property on August 12th, 2026, and noticed the fence is still in disrepair. The fence in the front face of the home is still missing panels and the openings not properly installed. I was also able to go to the back street and get access from the rear neighbor who allowed me onto her property so I can take proper photos of the rear fence of this property, which was also in disrepair. A notice of hearing was posted September 2nd, 2026. As of today, the property remains with the fence in disrepair with no communication or voluntary compliance from the homeowner. The city is requesting 30 days, which would be October 23rd, 2026, for the property to come into compliance with a fine of the amount of $100 per day past the unforementioned date. All right. Very good. Anyone here for the owner? Yes, sir. Yes. Hi. Who do I have here? I'm Emily Chestnut, the homeowner. Do you have any questions for Officer Jimenez? No. All right. I am asking for a motion for continuance due process violation. Your Honor, we move to continue this hearing to a future date because the city has ambushed us today. The city own logs prove that original July 30th notice was strictly about the front fence. They cannot use an August 12th peek from a neighbor's backyard to blindside us. I'm sorry. I'm having a hard time seeing. Where? Where are my hands? Blindside us with brand new, unnotified claims about the back fence without proper statutory notice under Florida law. I'm having a really hard time seeing. I know. I'm just having a hard time seeing. Furthermore, any damage to the fence was caused by starving abandoned animals that were illegally abandoned on my property and animal control refused to take. A city, where am I at? They were informed that the owner of these animals were incarcerated. I was also a domestic violence victim of this perpetrator that was incarcerated who owned the animals. And they wanted me to take care of those animals. That's not my job. Their job was to take them. And you're going to place the burden on the victim. And who demanded the removal, even sending emails to the officer, the sheriff, the city manager, the city mayor, these violations because of this and the theft of our property removal, the materials and tools, along with personal belongings. Because the city created that these situations regarding me and our home and refused to remove the abandoned animals, and animals, us will, and with ambushed us with undisclosed fence evidence today that the entire motion matter should be withheld, should be held, I'm sorry, continued to a future hearing so that we can support, can want subpoena records, present full evidence, and properly defend against these unverified charges. Thank you. Well, Ms. Chestnut, the time to bring a motion for continuance really is before the hearing, not in the middle of it. We just got this information. That being said, this particular violation is really a straightforward one. The city has offered photographs of the fence, which I can see, as shown in the photographs, is in disrepair. The front of the fence has been repaired. We didn't know anything about the back. There was no violation code or telling us what needed to be fixed on the fence, period. But the front is repaired and has been for a couple weeks. The issue there is the work done may have been done without a permit, so there are a couple of issues here. But ultimately, the fence needs either to be removed or to be repaired, and that any work that needs to be permitted is permitted. I mean, it's pretty straightforward in terms of what needs to be done. Are you disputing anything about the condition of the fence? Yes, because it is sound. If it wasn't sound, the dog would get out. Right, but, I mean, do you contend that it looks different from what's shown in the photographs? Oh, yes, we have photographs, yes. And do you contend that your photographs depict the fence in a different condition than the city's photographs show? Oh, yes, most definitely. All right, what do you have? We've got a picture. We've got a picture of the front of the fence where it has been repaired and has been for a couple weeks. It's structurally sound. Let me ask Officer Jimenez, has there been work done on the fence? And I know you've mentioned permits. What, if anything, needs to be permitted? Your Honor, to answer the question, the front face of the fence looks like was repaired, but the back part of the fence has not been repaired. We have never been notified of that. When we're talking about the fence, it's the whole fence, it's not just— No, it never has been. Okay. Like I said, there was not even a violation on there stating anything, nothing at all. The notice of— It just says fence. Well, it's in the notice. It's in the notice. What's—is the city's position then that the—is the front-facing part of the fence, is that okay now, or is that still—was that it? We have animals that are on the backyard that do not get out of that fence, because it's solid. Well, that may be. That may be, but the— Right. It's falling. Yes. Well, it's—let me ask again, Officer, a minute. Is there anything else the owner needs to do to bring the front-facing part, the front of the fence, into compliance? Is that okay? Your Honor, it's the fence in its entirety. So we're talking about the entire fence of the property. I get that, but, I mean, is there anything else they need to do on the front piece? I mean, or is that—do they need a permit for that? What do they need? No, no. There's no permit required for them to repair a fence. Okay. At this time, if they choose to repair the rear part of the fence, they can as well. No permit is required. Now, if they decide to tear down the fence and remove it completely, they would be in compliance as well. Also, if they decide to remove the fence and place a new one not in its exact form, not in its exact spot, then, yes, a permit would be required for that. And just as a note, two sides of the fence are not ours. If they tear the fence down, do they need a demo permit, or can they do that without a permit? No, no, Your Honor. They can remove it, but they would have to remove what's theirs. So the rear fence and then the front face fence would have to be removed. They just said that the ones on the side, they're basically piggybacking off of their neighbor's fences. Those don't need to be removed because it's not theirs. But the rear fence and the front face fence that they just recently repaired, the front face part, would have to be removed in order for them to come into compliance. Or if they want to repair the rear, they can repair the rear just like they repaired the front face. But as it stands right now, they are in violation with the way the fence is looking right now. Got it, got it. And they can do the repair work without a permit? Okay. Correct. Yes, sir. All right. Very good. So here's what I'm going to do. First, I'm going to deny the motion for continuance. It's untimely. In any event, I don't think good cause has been shown. This is a pretty straightforward violation. And really, the curative requirements are relatively small, at least some. But what I'm going to do is receive the city's exhibits and evidence based on the testimony and the exhibits. I'll make a finding violation to the fence, which, as shown in the photographs, is in disrepair. So I'm going to set a compliance date of October 23rd, 2026, by which time it's just that you'll need to repair that back fence. And that can be done without a permit, as you've heard, if you simply repair it. Or you could take it down and also come into compliance that way. But one way or the other, you need to be in compliance to the city's satisfaction by October 23rd. If not, you're going to start running a daily fine of $100 per day on October 24th. And that fine would run until the property has been brought into compliance to the city's satisfaction. Is there anything else the city needs on this one? No, Your Honor. Can I be told what is wrong with the back of fence? Because it is sound. I don't know what is wrong with it. That picture looks like it's six years old. All my photos are dated, Your Honor. I see the dates on them. I mean, it's like they're taking this month. I also went ahead and took a photo of what it looks like today. And as you can see, there's openings still. It looks like they're putting boards up, but that's not structurally sound. And they would have to remove the panels and put new panels up. Right. It's just it's in disrepair. It's obvious from the photographs. So I would say, Ms. Jess, I don't have any questions about what needs to be done to get in touch with the code officer or the building department. Get somebody to give you some guidance. It's really not. Well, now that I am now that I know about it, we can get it fixed. But I was unaware that anytime it's always been the front, never had anything with the back. So I did not know. But we can get that done. And we still have some of the materials left. Yeah, very good. Because our other materials were stolen by code. Well, there should be sufficient time here for you to do this without getting any fines. That's what I urge you to do. And I'm sure you can get this fence taken care of before the 23rd of October and avoid incurring any financial penalty. Do you have any other questions? No, that sounds good. I just would like to put on the record that code did steal our tools, our dollies, our materials for fixing our fence back in 11 of 2020. No, 22, I'm sorry, 2022. And that is going to be another subject brought up later. But I did want to inform that and put it on the record. All right, then. Well, thanks for coming in. You're free to go. All right. Thank you. Thank you, Your Honor. Your Honor, our next case will be DEL 26067. That's 3310 Phoenicia Drive. I am co-compliance officer Tina Pagan. The City of Deltona versus Davis William L. III and Davis Arlene C. The parcel ID number is 813-042-130-180. This is a violation of the City of Deltona ordinance section 110-831. which states a temporary portable storage unit is allowed on the property solely for the loading, unloading, and temporary storage of goods. The maximum time for the temporary portable storage unit to remain on the property shall be 30 consecutive days with a maximum of two occurrences per year per lot. Not to run consecutively may be placed on any paved driveway area, but be a minimum of five feet from the edge of any right-of-way and six feet from any side lot line. Corrective action for violation is to remove portable storage unit from the property. This case began June 18, 2026. I arrived on site and observed a storage pod on the driveway. I left a door hanger with corrective action and my contact information. On July 18, 2026, I arrived on site and spoke to homeowner Mr. Williams. He informed me that the storage pod should be scheduled to be removed. On August 7, 2026, I arrived on site and spoke to homeowner Mr. Williams, who informed me he will inform the company of my visit. Additionally, I informed Mr. Williams if the storage pod is not moved within 10 days, he will possibly be going to special magistrate to gain compliance. Mr. Williams understood. I posted a notice of violation on the property. On August 19, 2026, I arrived on site and observed violation remains storage pod on the driveway. On September 4, 2026, I arrived on site and posted a notice of hearing. The city requests 30 days, October 23, 2026, for the property to come into compliance with a fine in the amount of $100 per day past or for mentioned date. Do we have anyone for the owner here? No, sir. All right. So I'll receive the city's exhibits and evidence, and based on the testimony and the exhibits, I'll make a filing violation with regard to the charge set forth in the notice involving the portable storage unit that remains on the property and needs to be removed. I'm going to set the compliance deadline to October 23, 2026. If that portable storage unit has not been removed from the property by that date, we'll start running a daily fine of $100 per day on October 24 and run that fine until compliance has been achieved. Is there anything else the county needs on this one? No, that'll be all, sir. Thank you. Thank you. Your honor, our next case will be DEL 26068, and that's 2034 Swanson Drive. Good evening, your honor. I'm court compliance officer Bashir Turksey. This is DEL 2668, City of Deltona v. Lacha, Minawadi, and Derek Anthony. Parcel ID number is 8130-17-22-0050. This is a violation of City of Deltona Ordinance Section 18-5, adopting the latest edition of the International Property Maintenance Code Section 304-13, which states that every window, skylight, door, frame, door and frame shall be kept in sound condition, good repair, and weather tight. Corrective action for said violation is to repair or replace the damaged or missing window. This case was opened on July 21st for a window and disrepair of this property. The property appeared to be vacant at the time, and my attempt to make contact with the property owners were unsuccessful. A notice of violation was posted July 28-26, and the property owners were given until August 7th to come into compliance. As of today, the property is still in violation. The City requests 30 days, October 23, 2026, for the property to come into compliance or a fine in the amount of $100 per day past the aforementioned date. Is there anyone here for the property owner? Yes, Your Honor. Who do we have? My name is Derek Latcha. All right. Mr. Latcha, do you have any questions for the officer? No, but I have repaired the window. I have pictures and a receipt for the glass repair. What else needs to be done then? It appears, as of today, a board has been placed on top of the window, but the window doesn't seem to be. Do you have pictures to show the repair? I have current pictures with big stamps. Okay. And a receipt for the glass. Can I ask why did you have the board on it? Because I didn't have a glass. The glass was broken when I was line trimming the grass, and there's a lot of them. Do you have a picture from outside? Yeah. The right one. That's the left one. There's two of them in the middle. Well, the left. That's a better one. But I'm not popping the whole house from outside. Where do you see? Stay inside. Your Honor, if you could give me a couple of minutes to consult with my manager. No, no, no. It's new glass. It looks clear. You can see the reflection on some of them. Yeah, I did it last night. Yeah, I'm sorry. You can't tell. Right. Yeah. I did it last night. I stopped by today in the afternoon. No. No, no, I'm sorry. You're right. Yesterday, yesterday. Yeah, I did it last night. You see the time? No problem. I did it after work. After we're done? I'll be in my car shape and send it to you. Okay. Your Honor? Yeah. Yeah, the resident provided us proof of compliance, so we'd like to withdraw the case. Very good. So we'll withdraw this case. No further order will be needed. Mr. Latchett, thanks for coming in. You're free to go. And very good. Thank you, Your Honor. Your Honor, our next case will be DEL 26071. That's 1118 Prescott Boulevard. Good evening, Your Honor. Evening. I'm Co-Compliance Officer Joel Taylor. City of Deltona versus Freeman Ethel J. Ababri Rabke. Rivers Danny Lee. McKay Georgette. Mason Laurie D. Steffens Tamashi K. Wilson Jacqueline G. Butler. Friedman Harriet A. Butler Tiffany Vanese. Freeman Alexis Hollis. Fred Ramon. The parcel ID number is 813-040-540-160. This is a violation of City of Deltona Ordinance Section 18-5. 304.2 Housing Code Exterior Walls Violation City of Deltona Ordinance Section 18-5. Adapting the latest edition of the International Property Maintenance Code Section 304.2, which states that all exterior surfaces, including but not limited to doors, door and window frames, carcals, cornic, cornic, porches, trim balconies, desks, and fences, and shall be kept in sound working condition and maintain in good repair. exterior wood surfaces other than decay resistant wood shall be protected from elements and decay by painting or other protective coverings or treatment the corrective action would be to repair replace damaged exterior surfaces soffit trim gutters and remove torn tattered tarp off roof this case began march 29th of 2026 originally opened by supervisor and assigned to me on this day notice of violation was also posted march 29th of 2026 compliance date was scheduled for april 22nd 2026 notice of hearing was posted on to property on september 8th of 2026 at 12 p.m there was there has been no contact from any of the property owners as of this day september 23rd 26 home is still in disrepair the city requests 30 days october 23rd of 2026 for the property to come into compliance with a fine amount of 100 per day past the before mentioned date do we have anyone here for the owners no sir a lot of owners yes all right so i'll receive the city's uh exhibits and evidence based on the testimony and the exhibits make finding violation as to the charges set forth in the notice concerning the damaged uh and uh exterior surfaces in need of repair or replacement uh we're going to set the compliance date as recommended to october october 23rd 2023 if compliance is not achieved by that date we'll start running a fine of 100 per day on october 24th and we'll run that fine each day until compliance is met fully achieved to the city's satisfaction is there anything else that the city needs in this case no sir all right thank you thank you you're on our next case will be del 26073 that's 578 south anchor drive i am co-compliance officer tina pagan the city of deltona versus harman nancy m the parcel id number is 813-00-361-0120 this is a violation of city of deltona ordinance section 105.1 which states that any owner authorized agent who intends to construct enlarge alter repair move demolish or change the occupancy of a building or structure or to erect install enlarge alter repair remove convert or replace any electrical gas mechanical or plumbing system the installation of which is regulated by this code or to cause any such work to be done shall first make application to the building official and obtain the permit you must obtain corrective action for said violation is to obtain a permit for damaged electric box this case was opened on august 7th 2026 i made contact with building official supervisor who informed me that a permit is required for this property due to a damaged electrical box and the necessity of installing a new one i visited the site to inform the resident about the permit requirement however there was no response i left a door hanger with the necessary corrective action and my contact information on august 8th 2026 i arrived on site and spoke to the homeowner's son kevin who informed me he is going to obtain a permit at city hall to install a new electric box on 8th august 15th 2026 no permit obtained on august 21st 2026 i arrived on site and spoke to kevin informed him of a notice of violation has been posted on the property due to no permit obtained for the electric box the electric box i also reminded kevin i also reminded kevin if there is no electricity within the property no one should be living on the property kevin responded no one is living on the property he is just there cleaning out the property on september 2nd 2026 i am i arrived on site and spoke to kevin who informed me a permit has not been obtained for the electric box the city requests 30 days october 23rd 2026 for the property to come into compliance with a fine amount of 250 dollars per day past or for mentioned date right we have someone here for the property honor yes they're going to be on zoom who do i have here good evening your honor uh my name is donald diaria hello uh my name is uh donald diaria um i've uh just been uh appointed by the uh uh circuit judge uh as the uh um the uh in charge of the estate can't think of the word sorry but put in charge of the state uh this was issued on uh 9-1 was signed by the judge um i received it maybe uh four or five days after that um my mom passed away on march 4th and there was a fire on the property prior to her passing away um up until um me being appointed the representative of the estate neither myself nor my other brother who was living on the property at the time had authority to uh receive to file for any permits or anything like that our hands were tied because there was there was no will so there was nobody in charge of the estate so i've just been appointed um in charge of the estate um i didn't even know that there was compliance issues on the property i lived in i lived down in palm beach um i uh the order um the notice of hearing yesterday um and i got a chance to read it over um and from what i understand the house is in pretty bad disarray i was unaware of this at the time i am in contact with uh uh deputy mcnab from volusia uh sheriff's office apparently there are some uh other issues with the property as well um i work with the broward county sheriff's department and i plan on uh you know coordinating directly with the uh volusia county sheriff's department to get those issues solved i've already filed um now that i have the uh order from the court i've already filed with the insurance company um letting them know that i am now uh the executor of the estate i have a meeting with the insurance company next week as soon as um we have that meeting with the insurance company i'm assuming we'll get a contractor out there and get the property um you know cleaned up fixed up and ready for sale all right very good and this case uh i just wanted to make sure i understand correct we're only concerned with the electric panel or electric box in this this code case right yes at the moment we are dealing with just this violation however like donald said there are several violations on the property that needs to be addressed at the moment we're just dealing with the electrical issue um that needs to be uh needs to be corrected all right um mr diaria can you spell your name for us please so the record's clear uh first name is donald last name is d apostrophe capital a u r i a all right did you have any questions any other questions for the officer i do not i understand that she's just doing her job and for what i've seen from the pictures rightfully so uh the place is a disaster and now that i have uh you know the paperwork that i need from the from the court from the sound like i said we're getting a contractor out there so all violations should be cleaned up when the house is remodeled all the permitting you know everything will be done properly and according you know with the county codes and all all right i just need time to i just need time to do it like i said i just received this yesterday and right now we're just this violation is just dealing with the one issue i mean there are other issues it looks like but we're just dealing with that electric box and getting the getting that uh uh corrected and permitted the damaged electric box again there may be other things but we're not dealing with that tonight um so it's what i'm guessing in this case yeah what i'm thinking is that once we get uh you know the insurance company to uh sign off on it because there was a fire so the insurance company is aware that there's a claim that we'll hire a contractor and the contractor will take care of everything new electrical box and whatever else needs to be done they'll do they'll handle all the permitting so you break it up on me you break it up a little bit i was saying that can you hear me now yes you're intermittently okay it's a little choppy but the city is is seeking a a compliance deadline for this issue of october 23rd so that would be about 30 days out from today i don't know where you are in the insurance uh claim process but it sounds like not quite as far along as that um uh so it maybe you need to pull this piece out from the other things and do it first in order to get this code violation cleared up okay so just contact an electrician and have them just uh uh pull a permit for i think that's all that needs to be done on this one right you got this just this piece would be that have an electrician yeah not a problem yeah i can get i don't know how long it takes to get a a permit in volusia county but i'm assuming not for that shouldn't take i mean he should have plenty of time to do that but right electricians should be able to pull that permit inside of 30 days i would think so any reason why that can't be done officer right no there's no reason it can't be done if he goes the same day or whoever he contract contracts they'll go the same day and they'll be able to get it with the proper documents okay i just want you to make it clear we're just for this we're just dealing with one that one electrical issue as opposed to maybe other things would be more involved so all right so uh i'll receive the city's exhibits and evidence based on the testimony and exhibits i'll make a finding violation again we're talking about the uh the damaged electric box uh not any of the other things that might be a problem uh we'll set the compliance date on that piece to october 23rd 2026 if compliance is not achieved by that date we'd start running a daily fine of 250 dollars per day for the unpermitted uh uh violation and uh that would run until the the that issue has been resolved with the city's satisfaction so uh mr deary i do urge you to stay on top of that one piece at least first and get that out of the way and again it looks like you're going to have some other obviously other things to do there but uh but all we're dealing with is this one piece here do you have any questions uh one question if any other violations or um or contact is there a way to uh add my my address so that they can be forwarded to me because my brother who my half brother who was actually out there on the property is not very reliable to put it mildly um if you know if you've been out there and met him you understand what i'm talking about yes he's not exactly the most reliable person so if there's no way to contact me directly since that would be the easiest and fastest way to get everything um in compliance as quickly as possible yes i recommend you also um when you can get a chance go and look up everything all the violations you have on the property to be able to address them as well and previous ones that's also been um placed on the property how do i do that i'll contact you i'll contact you i have your number just make sure you pick up your phone when i call or call me back so we could be able to talk absolutely and i'll be able to address everything that you need to know with the property and we could be able to work this out to make sure the entire property is in compliance absolutely we'll get everything done trust me i want to get it done as fast as possible too so i can sell it okay donald you have a good day all right thanks for coming in then uh mr theory and uh uh anything else officer on this one no that'll be all sir thank you thank you thank you good night your honor our next case will be del two six zero seven four that's for 11 49 north old mill drive good evening your honor i'm i'm code compliance officer jason rivera uh the city of the thunder verse charles w jouers partial id number is eight one three zero two six zero seven zero two nine zero this violation is of the city of deltona ordinance section 18-5 adopting the latest edition of the international property maintenance code section three zero four point six which states that all exterior walls shall be free from holes breaks and loose or rotting materials they maintained weatherproof and properly surface coated where required to prevent deterioration corrective action for said violation is to repair the broken front window in any other windows or exterior surface this case began july 21st 2026 when i noticed the front window was missing a glass panel and had a hole in another glass panel due to other related cases and the status of them i posted a notice of violation the notice of uh the violation was still present in august and september i posted a notice of hearing on september 8th 2026 the property is still currently in violation the city requests 30 days october 23rd 2026 for the property to come into compliance with the fine in the amount of 100 per day past the affirmation date right do we have any one for the property owner here not at the time your owner so uh i'll go ahead and receive the city's exhibits in evidence at this time based on the testimony and the exhibits will make a filing violation as to the note as to the charges set forth in the notice involving the uh the broken uh windows uh and uh and uh other uh exterior surfaces that uh uh violation will need to be corrected on or before october 23 2026 in order to avoid any financial penalty if that violation is not corrected by that compliance state will start running a daily fine of 100 per day on october the 24th 2026 and run that fine each day until compliance has been achieved to the city's satisfaction is there anything else city needs in this case no your honor thank you thank you you're on our next case will be del 26075 that's 772 um bercelli bercelli bercelli bercelli bercelli i am code compliance officer jason rivera the city of deltona versus robert and lorna lindstrom the parcel id number is eight one three zero zero three four seven zero one zero zero this is a violation of the city of deltona ordinance section 18-3 adopting the latest of the florida building code section one zero five point one which states that any owner authorized agent who intends to construct and large alter repair move demolish or change the occupancy of a building or structure or to erect install enlarge alter repair remove convert or replace any electrical gas mechanical or plumbing system the installation of which is regulated by the code or to cause any such work to be done shall first make application to the building official and obtain the required permit the correct the corrective action for said violation is to obtain a permit applications must be submitted to the city of deltona 2345 providence boulevard deltona florida 32725 the structure must meet all requirements of the city ordinance and be approved on final inspection contact our office with the permit number when obtained this case began on january 13th when i noticed the garage door was removed and replaced with a wall and door upon investigation i noticed an application for the permit was submitted but the document was incomplete no updated permit document has been submitted or edited i posted a notice of violation on january 26 2026 the violation was still present february through september a notice of hearing was posted on september 9th 2026 the violation is currently still present the city requests 30 days october 23rd 2026 for the property to come into compliance with the fine in the amount of two hundred and fifty dollars per day past the affirmation date all right do we have anyone here for the owner yes your honor he's here hi my name is stan smith i live in sanford and uh robert's passed elaine is not able to handle things like this so i'm i'm their son-in-law i'm taking care of things for them excuse me your honor um i don't think gentleman was sworn in earlier oh were you sworn in sir no okay i was out there trying to find out how to get in now i got to go to the bathroom and i'm afraid to leave and not come back in so my brain's a little tasked here pressure you raise your right hand please you swear a firm testimony about to give me the truth all truth and nothing but the truth yes sir can you say your name again stanley smith double e at the double e at the end it's instead of ui my parents struggle with spelling so basically uh um were you there i have short-term memory loss when i got to meet with todd one time were you there with him uh no sir it was uh my supervisor and my lead jeff scott okay basically from what i'm seeing you guys are awesome but i don't know what i'm supposed to do so we went in and started to apply to pull permit for the door and they told us that uh we had to have engineer drawings and earlier i heard people saying you know where do i find what i gotta have done this thing just kind of gives you a general violation doesn't give me any details i called and called and called several times sent emails did all kinds of stuff never heard from anybody what i need to do i met todd two three weeks ago and i have short-term memory loss from cancer but i met todd two or three weeks ago and i don't really remember what happened i think at that point i threw my hands up because i wasn't sure what to do i don't think that was his fault maybe i'm being dense but i can pull a permit replace the door if that's what i mean for replacing the door i think they said we couldn't pull a permit for it because it was a garage door i don't remember the details yes sir so yes a permit does need to be pulled for it um you just apply it from through the city as normal um but it may require um engineer drawings um let me just yeah and i'm okay with that i'm okay whatever needs to be i just want to know what i've got to get a yeah so either the either the door would need to be put back on the garage door how it was originally or apply the permit and if the permit is obtained and everything um and the final then the case will be closed and that would be fun the only problem i've had listening all these hearings same thing with me is that i don't know if you guys recommend anybody but when i call engineers i can't get nothing done for at least two three weeks so to pull a permit i don't know what's what's all involved i'd love to get a little more time but we'll apply for a permit next day or two or at least get call an engineer to do it and uh maybe the general contractors have got somebody in their pocket they can do it quick so i'm okay with going with the date i just want you to know that you'll see me working on it and if there's a delay because of engineering that's something we got to deal with yeah yes you need to contact the building department so go through that the chad tate is the building department manager and then any of his people will wait to advise you what you need sounds good let them know about the code case that's pertaining they'll look at the pictures and then help you out directly thank you guys sounds fine with me sir all right then ms smith what we'll do then is uh i'll receive the city's exhibits and i'm going to make a finding violation based on the testimony and the exhibits regarding this unpermitted work we're going to set the compliance date to october 23 2026 as recommended uh if compliance is not achieved by that date we start running a 250 per day fine on october 24 and run that fine each day until the property is brought into compliance we do want to avoid that mr smith and hopefully you can get that permit taken care of uh if uh if there are circumstances beyond your control with uh once you're in compliance we can come back and take a look at it and see what's happening fine if that happens but hopefully that won't happen hopefully we get it taken care of uh and uh and this case can be closed without that uh without that contingency do you have any questions no no i just have this nagging idea in the back of my head that there was some problem with the permit for that door besides engineer drawings but we'll find out if there is i'll talk with you hopefully we can talk okay yes sir thank you city anything else on this one no your honor thank you thank you gentlemen thank you thank you your honor our next case will be del 20008 that's 271 fort smith boulevard a lien reduction and who's here on behalf of the request or the applicant i believe the property owner is here and a representative for them as as well all right let me get a little background first and then we'll turn it over to the property owner and uh okay hear the hear the request all right this is a special magistrate fine reduction hearing i'm co-compliance officer todd mead property owner two star investment inc parcel number 813-042-250-150 property address is 271 fort smith boulevard deltona florida 32738 this will be hearing for a fine reduction request this hearing will be covering case del 20-2008 this case was presented in the special magistrate on january 22nd of 2020 and again as a massey on july 1st of 2020. the special magistrate reduced the initial fine for the property owner from five thousand fifty dollars to five hundred dollars at that hearing the fine would then continue to accrue fifty dollars per day until the property came into compliance with a permit or a removal there was no communication from the property owner after that hearing co-compliance department was sent an email that indicated the removal of the range hood around march 6th of 2023 a co-compliance supervisor was sent out to the property to confirm the compliance on the violation an affidavit of compliance was completed for that violation and the fines reached an end date the property was in violation one thousand and seventy nine days at fifty dollars a day plus the five hundred dollars the total fines are fifty four thousand four hundred and fifty dollars the city's operational costs for the case have been submitted for del 20 zero zero eight reflecting administrative and operational expenses incurred by the city including but not limited to code officer hours administrative staff processing time and city's vehicle time the city does not have any recommendations at this time and request full recovery of the fifty four thousand four hundred fifty dollars in outstanding fines owned by the property owner that's the city's uh all right all right very good let me uh then go ahead and turn this over to the uh the owner and let me hear the uh the case for reduction uh and let me get your name if i could good good evening um my name's jason voles i am not the owner the owner sitting behind me i am the property manager speaking on their behalf um before before i begin i want to disclose two things one obviously i'm not the the property owner uh i have no financial gain on uh being here and two i am a candidate for mayor for the city of deltona uh that's going to be important because that's why we're standing here uh i'm solely here as the property manager because the owner and tenants who are also behind me have been severely harmed for the city's actions of taking this to a foreclosure a little background the property it's been a rental for about seven years during that time the owners had struggled to find a long-term tenant i didn't manage the property back in 2020 when these violations occurred based on from what i was told from the owner here is a former tenant did some improvements without a permit that tenant failed to notify the owner there are just let me just hold on let me just interrupt i didn't get your last name jason what's your last name can you spell it v-o-e-l-z all right mr bolts were you sworn in previously yes i was go ahead then uh the the tenant failed to notify the owner of these violations at that time uh he he went over the uh the violations which are in compliant now but obviously racked up and lingered for a while the tenant did resolve there was two violations this one obviously lingered the other one did receive a release of lien and to my understanding that's what he was under the impression of it was all taken care of and that was back in november 9th 2023 since then we we've had violations on the property and the owner has been compliant and getting those violations fixed my involvement with the owner and the tenants here it began last year with previous tenants attempting to well they took possession of the property they pulled permits whatever took place after that they broke their lease so the owners brought me back in to find new tenants which are the the current tenants behind me fresh point meat meat yeah okay they signed a lease earlier this year uh i believe it was beginning of may uh they pull permits they've hired people they they were getting ready to open up a store on may 20th i sent an email to the current mayor the city manager and the district commissioner introducing the new tenants asking for economic development help um that was a notification that a business was a going in there and they were about to open up let me see here here's where it became uh i guess the wheels fell off when i sent that email on may 20th june 3rd the city attorney started legal action to foreclose on the property this was without any commissioner votes it was just something that they started on june 14th they had a special commissioner meeting where they voted to take legal action against this property it was asked to the city attorneys if the property was occupied they said no it was abandoned they voted based on the information the city attorney told them that it was abandoned and they passed it six to one once the commission knew or found out that it was actually occupied uh they brought it back back to a city council meeting where at the request of the city attorney they put a 90 day stay on the foreclosure the impact on this foreclosure the proceeding of a foreclosure has been pretty detrimental to the tenants and the owner the tenants were relying on the sba loan to purchase equipment and do a build out the sba will not proceed with financing while the foreclosure is looming over this property the tenants have already lost about a hundred thousand if not more in projected revenue the tenants aren't paying rent because they can't operate the owner is carrying the full burden of this property with zero income if fines remain at this level the owners will be forced to sell and a pre-foreclosed sale it's going to hurt property values this is not the image deltona wants to give small business owners what what really is concerning for me is i do this for a living there is no lien filed at the county i i don't know if it's is it finding a violation itself a lien what what document is filed with the county that is an actual lien that they're foreclosing on is is a practice where you foreclose first and then filing because one hasn't been filed based on the timeline the the misinformation from the commission or to the commission the absence of a lien the the financial harm that's already been placed on the tenant and owner we're asking for a reduction to zero this outcome will prevent a for sale loss of new business loss of jobs uh well potential legal consequences to the city i think that's all i got to cover um are there any um i mean i've received some uh exhibits ahead of the hearing uh including your request for uh for this hearing um is there anything in particular that you want to direct my attention to in terms of the exhibits uh i don't i don't recall what i submitted but i do have uh emails that i sent to the city on may 20th the legal action that the city attorney took on june 3rd uh but we're not we're not disputing the violation we're disputing or we're looking for to get rid of this foreclosure because the tenants can't do anything this building is useless at at the current condition the decision the city made to do this is a direct it was political retaliation against me that's all it was and they're suffering because of it i'm trying to fix it that's what i'm trying to do is uh is the foreclosure of the lien is that ending right now in the circuit court yes it was filed june july 20th with i don't have a case number i did pull it offline though what is that case style that's city of deltano versus two star investment inc yes most anything else no no sir that's it sir did the city have anything else no no your magistrate does mr bolt uh in uh these cases uh where a uh where an owner is requesting a reduction of the fine uh my authority as special magistrate is to make a recommendation to the board of county commissioners or rather to the to the city commissioners uh to uh to take uh to take final action in the matter um and in doing that uh i i will take the matter under advisement so i can take a closer look at some of these documents or exhibits here that have been submitted from the underlying case um there's emails and other documentation that uh that i'll take a closer look at uh uh might uh uh uh take judicial notice of that uh foreclosure you've spoken about and see what's exactly happening there but i do want to have a chance to study the materials a little more closely than i can do right now at the moment get out a written recommendation that will go to the uh to the city commission for uh for final action that they can uh approve it modify it you know approve with modifications reject it they have the plenary authority at the you know at the at their discretion to it to take the final action but i will get a recommendation out to them based on the materials and testimony that have been presented to me in this hearing uh before we uh before we close the hearing is there anything else you want to put on the record as part of the i did have one question what deems as a lien for the city to foreclose because i'm like i said again there is not a lien filed on public record with the county now there's notices and i don't know if those suffice as a lien but i think it just gives them the right to file a lien down the road but there is no actual lien filed for this property and you know every day that we're not able to pull permits and open the doors that that's financial burden on my tenants and they're not paying rent so it's a financial burden on my my property owner here and it's all because i'm running for mayor that's the only reason this has taken place because we had tenants in there before we've had code violations we've had they've stood up here on other code violations and fixed them so the only reason they're getting punished is because of me and that's that's ridiculous right it looks like the uh there's an order of filing violation and it was filed from the public records on july 23rd 2020 um so typically what happens is that the uh the church the uh the government will file the uh the order imposing lien and fine and uh by statute that operates as a lien on the property affected so um uh it should be identifying the foreclosure action you mentioned uh actually since there's actual litigation pending but um typically filing the order is going to uh to operate as a lien um uh and you know the validity of that is something that can be maybe being contested in this in that circuit court action but uh um uh that's that's what happens there and i i going on the record the initial fine was five hundred dollars and to to your understanding it was he wasn't aware of it to fix it that's why it lingered on for a thousand days to to go to five hundred dollars to whatever it is now fifty four thousand that's a little excessive to me but um normally in this case and then this is the problem we would go back to the tenant and hold them accountable we can't even do that because the statute you know statute of limitations is over uh they're gone they've closed up shop we can't even go after the the original tenant and it they took the actions only because i was involved in this uh property manager managing this property and that's why right all right well i will take it i will take a close look at it and get a recommendation out to the uh the city for final action um and hopefully have that out to you in the next uh week or two um any other questions before we adjourn this one no right thanks for coming in uh mr volks you all are free to go thank you thank you and do we have any other business on this agenda no we don't your honor all right very good so uh we will uh we will be adjourned then thank you very much i'll look for the draft orders uh up in the uh up in the folders and should be able to get that turned around pretty quickly and then it might take a few more days to get the recommendation out on this lien reduction request and uh i will see you all next time have a good night you as well thank you