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Record of Proceedings

Deltona Code Enforcement Special Magistrate Hearing - April 23, 2025

City Commission & Boards — Wednesday, April 23, 2025
BodyDeltona, Florida
SessionCity Commission & Boards
DateWednesday, April 23, 2025
StatusFILED
Video Record
0:00 / 1:44:57

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:00

Hearing of April 23rd, 2025 to order.

0:05

The first thing on the agenda is roll call, so I will have all the co-compliance officers introduce themselves.

Speaker 2

0:11

Mark Gibson Co-compliance Supervisor.

0:14

Danny Raw,

Speaker 3

0:14

co-compliance manager.

0:18

Adjoined by Fire Inspector.

Speaker 4

0:21

Lisa Nadeau, Fire Inspector.

0:23

Jessica Cotterman Hearing Clerk.

0:26

Renee Kearney, building in code compliance administrative supervisor.

Speaker 5

0:31

Todd me, co-compliance supervisor.

Speaker 1

0:48

Thank you.

0:49

All right.

0:50

Please join me in the Pledge of Allegiance.

0:57

I pledge allegiance to the flag in the United States of America and to the Republic for which it stands.

1:07

Liberty and justice for all.

1:16

Next on the agenda is my statement about how the hearing is going to proceed this evening.

1:22

I am going to read this so I don't forget anything.

1:26

We are here tonight because the city of Deltona has contended that there are violations of the Del Tona City Code that exist.

1:33

This is a public meeting, which means that no general public comment will be accepted, but each of the respondents and the code enforcement officers here tonight and any witnesses each of you call will be able to present evidence to me regarding each case and the violations of the Del Tona City Code that are being alleged.

1:50

I am an attorney and appointed by the city commission to render decisions in these code enforcement cases to determine if a violation of the city code exists and what fine will be imposed, if any.

2:01

If you are here for a massive case, you might see that next to your case number on the agenda.

2:07

That means that I will be determining solely whether you have come into compliance in a timely manner in accordance with the previous order the special magistrate issued in your case and will not be reopening the case to determine whether or not a violation existed in the first instance.

2:22

Any decision I make this evening will be put into a written format in the form of an order.

2:27

A copy of my written order will be provided to the city and then mailed to you as well.

Unassigned speaker

2:32

It

Speaker 1

2:33

is important to note that for any order I issue, you may appeal by sending a written notice of uh excuse me, filing a written notice of appeal to the circuit court within 30 days of the execution of my order pursuant to Florida statutes section 162.11.

2:49

The procedure of the hearing today will be governed by Chapter 162, Florida statutes.

2:55

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

3:01

Hearsay is admissible, but only to support other competent and substantial evidence.

3:06

If you are a respondent, you will be able to testify.

3:09

Tell me what you think I need to know about your case, present evidence and witnesses.

3:27

Then you will be allowed to respond.

3:30

For each case, I intend to admit the case file and the PowerPoint presentation that will be shown this evening.

3:35

You should have received a copy of your case file when you came in this evening.

3:39

If you did not, please let me know when it's time for your case to be called.

3:44

And I will admit that unless a specific objection is received.

3:51

First come, first served.

3:53

Do you and I do have some cases to announce that have been withdrawn or continued, so I will read these out.

4:02

DEL 25-013 Massey, 2679 Howland Boulevard, uh is withdrawn.

4:10

DEL 25-037A 960 Shorecrest Avenue is withdrawn.

4:17

DEL 25-041, 1329 Herndon Avenue, and DEL 25-047 C through F for 1550, excuse me, 1555 Saxon Boulevard is withdrawn.

4:34

However, A and B uh Violations A and B are still going to be on the agenda.

4:40

And uh FIRE 005-2025 for 2820 Howland Boulevard is also withdrawn.

4:49

DEL 25-042 A and B for 114 Cambridge Street is continued.

5:00

So if you're here for any of the cases I just listed, you do not need to stay.

5:05

They will not be heard this evening except for the violations A and B for DEL 25-047.

Unassigned speaker

5:16

Uh

Speaker 1

5:17

I will go ahead and swear in everyone who intends to testify today as a group, which includes the co-compliance officers.

5:23

So if you intend to uh speak to me tonight, could you please stand and raise your right hand if you're able?

Unassigned speaker

5:30

Um

Speaker 1

5:31

do you swear to tell the truth, the whole truth, and nothing but the truth?

5:34

If so, please say I do.

5:36

Thank

Unassigned speaker

5:36

you.

Speaker 1

5:42

All right.

5:43

I have uh no exparty communications to disclose, and so we will go ahead and proceed with the first case.

6:01

This is DEL 25-043, ABNC, 1478 Courtland Boulevard.

Speaker 3

6:24

Yes.

Unassigned speaker

6:32

Good

Christopher Sorrino · Speaker 6Inferred

6:32

evening, Your Honor.

Discussion Breakdown — Share of Meeting
Code Enforcement█████████████████████████████████████████████76%
Fire Safety████7%
Procedural████6%
Pending Litigation███5%
Legal Matters██4%
Zoning And Land Use█2%
Summary of Proceedings

Deltona Code Enforcement Special Magistrate Hearing - April 23, 2025

The City of Deltona held a code enforcement special magistrate hearing on the evening of April 23, 2025, presided over by Special Magistrate (attorney). The hearing addressed multiple violations of the Deltona City Code, including building without permits, property maintenance issues, and fire code violations. Several cases were withdrawn, continued, or heard as initial violations or compliance reviews (massie cases).

Consent Calendar

  • Several cases were withdrawn by the city before the hearing: DEL 25-013 (2679 Howland Boulevard), DEL 25-037A (960 Shorecrest Avenue), DEL 25-041 (1329 Herndon Avenue), DEL 25-047 C through F (1555 Saxon Boulevard), and FIRE 005-2025 (2820 Howland Boulevard).
  • Case DEL 25-042 A and B (114 Cambridge Street) was continued to the June 2025 meeting at the city's request, over the objection of the respondent's representative who had traveled from Montana.
  • Case FIRE 24-0054 (2101 Capri Circle), a lien reduction request, was continued to the June meeting because the property owner was not present.

Discussion Items

Case DEL 25-043 A, B, C – 1478 Courtland Boulevard (Lillian J. Wright)

  • Violations: Two sheds erected without permits (Violation A), fence in disrepair (Violation B), and fence installed without a permit (Violation C). The respondent's representative argued the sheds had been present for over 30 years and were installed by a company. The magistrate found violations and ordered compliance by July 22, 2025 (90 days) for the sheds, and May 23, 2025 (30 days) for the fence repair and permit. Fines: $50/day for A, $25/day for B, $50/day for C if not complied.

Case FIRE 014-2025 – 1380 Howland Boulevard (Circle K)

  • Violation: Work without permits for installation of two ovens, associated electrical, and a wall. The city requested 90 days. The respondent's engineer (Lee Murrah) stipulated to the violation and requested 90 days to obtain permits. Magistrate ordered compliance by July 22, 2025, with a $50/day fine.

Case DEL 25-017 (Massey) – 2641 Windsor Heights Street (Victor Manuel Flores Torres et al.)

  • Compliance review: Property had been ordered to obtain a permit for an accessory structure by March 28, 2025, but a permit was only submitted on April 1, 2025, and still under review. The property owner left before the hearing. The magistrate found the owner failed to comply on time and ordered the ongoing fine of $50/day (accrued $1,350 over 27 days) to continue until compliance.

Case FIRE 015-2025 – 1698 Diane Terrace (Harmony Clinic)

  • Violations A, B, C were corrected; only Violation D remained (interior alterations without a permit). The city requested 90 days, but the respondent's engineer requested 120 days due to plan review timelines. Magistrate granted 120 days, compliance by August 27, 2025, with a $50/day fine.

Case DEL 25-037B – 960 Shorecrest Avenue (Diane Home)

  • Violation: Exterior walls, fascia, soffits, and gutters in disrepair. The respondent inherited the home and stated an insurance claim (State Farm) was ongoing, preventing repairs. She provided a letter from her attorney. Magistrate found a violation but granted time until August 1, 2025, noting that litigation does not negate maintenance obligations. Fine of $25/day thereafter.

Case DEL 25-018 A & B (Massey) – 3000 Macon Street (Isaiah Manual Figura)

  • Compliance review: Prior order to remove an accessory structure and a trampoline. Not complied. The property owner not present. Fines of $25/day per violation (total $50/day) had accrued $1,350. Magistrate ordered fines to continue.

Case DEL 25-019 (Massey) – 3332 Courtland Boulevard (Omega R. Smith and Andrea M. Walker)

  • Compliance review: Permit for accessory structure not obtained. The permit had been submitted but drawings were illegible, so not issued. Property owner not present. Fine of $25/day (accrued $675) to continue.

Case DEL 25-020 (Massey) – 2936 Carmela Street (Joseph Anthony Noto)

  • Compliance review: Roof and soffit holes not repaired. Property owner not present. Fine of $25/day (accrued $675) to continue.

Case DEL 25-034 – 572 Leland Drive (Brian R. Orange)

  • Violation: Holes in roof and damaged soffits. The city requested 30 days, magistrate granted 60 days. Compliance by June 23, 2025, with $25/day fine.

Case DEL 25-040 – 912 Halstead Street (Martinez Jesus Manuel Hiera et al.)

  • Violation: Boarded and damaged windows. The respondent was being referred for housing assistance. Magistrate granted about 47 days (June 9, 2025) and a $25/day fine.

Case DEL 25-044 A & B – 2096 West Atmore Circle (MK Construction and Associates LLC)

  • Violations: New windows and exterior wall modifications without permits. The city requested 30 days, magistrate granted 79 days (July 11, 2025) due to likely engineering requirements. Fines of $50/day per violation ($100/day total).

Case DEL 25-045 – 1132 Treadway Drive (Troxel John W et al.)

  • Violation: Fence panels in disrepair. Compliance ordered by May 23, 2025 (30 days), with a $25/day fine.

Case DEL 25-047 A & B – 1519 Saxon Boulevard (BDM Deltona Retail LLC)

  • Violations: Expired permits (electrical ELEC 22030 and building BLDC 23014). Compliance ordered by May 23, 2025 (30 days), with fines of $50/day per violation ($100/day total).

Case FIRE 013-2025 – 1240 East Normandy Boulevard (Carolina Cleaning and Roberto Renovations LLC)

  • Violations B & D: Unlabeled electrical panels and incorrect address signage. The city requested 14 days because fixes are trivial. Magistrate ordered compliance by May 7, 2025, with $50/day per violation ($100/day total).

Key Outcomes

  • The special magistrate found respondents in violation in all heard cases, issuing compliance deadlines ranging from 14 days to 120 days.
  • Fines were set at $25 to $50 per day per violation, with multiple violations accumulating daily fines.
  • Several massie cases (compliance reviews) resulted in continuation of previously imposed fines until full compliance is verified.
  • One case (DEL 25-042) was continued to the June hearing at the city's request, and the respondent's representative was encouraged to arrange remote participation for future hearings.

Meeting Transcript

Hearing of April 23rd, 2025 to order. The first thing on the agenda is roll call, so I will have all the co-compliance officers introduce themselves. Mark Gibson Co-compliance Supervisor. Danny Raw, co-compliance manager. Adjoined by Fire Inspector. Lisa Nadeau, Fire Inspector. Jessica Cotterman Hearing Clerk. Renee Kearney, building in code compliance administrative supervisor. Todd me, co-compliance supervisor. Thank you. All right. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag in the United States of America and to the Republic for which it stands. Liberty and justice for all. Next on the agenda is my statement about how the hearing is going to proceed this evening. I am going to read this so I don't forget anything. We are here tonight because the city of Deltona has contended that there are violations of the Del Tona City Code that exist. This is a public meeting, which means that no general public comment will be accepted, but each of the respondents and the code enforcement officers here tonight and any witnesses each of you call will be able to present evidence to me regarding each case and the violations of the Del Tona City Code that are being alleged. I am an attorney and appointed by the city commission to render decisions in these code enforcement cases to determine if a violation of the city code exists and what fine will be imposed, if any. If you are here for a massive case, you might see that next to your case number on the agenda. That means that I will be determining solely whether you have come into compliance in a timely manner in accordance with the previous order the special magistrate issued in your case and will not be reopening the case to determine whether or not a violation existed in the first instance. Any decision I make this evening will be put into a written format in the form of an order. A copy of my written order will be provided to the city and then mailed to you as well. It is important to note that for any order I issue, you may appeal by sending a written notice of uh excuse me, filing a written notice of appeal to the circuit court within 30 days of the execution of my order pursuant to Florida statutes section 162.11. The procedure of the hearing today will be governed by Chapter 162, Florida statutes. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Hearsay is admissible, but only to support other competent and substantial evidence. If you are a respondent, you will be able to testify. Tell me what you think I need to know about your case, present evidence and witnesses. Then you will be allowed to respond. For each case, I intend to admit the case file and the PowerPoint presentation that will be shown this evening. You should have received a copy of your case file when you came in this evening. If you did not, please let me know when it's time for your case to be called. And I will admit that unless a specific objection is received. First come, first served. Do you and I do have some cases to announce that have been withdrawn or continued, so I will read these out. DEL 25-013 Massey, 2679 Howland Boulevard, uh is withdrawn. DEL 25-037A 960 Shorecrest Avenue is withdrawn. DEL 25-041, 1329 Herndon Avenue, and DEL 25-047 C through F for 1550, excuse me, 1555 Saxon Boulevard is withdrawn. However, A and B uh Violations A and B are still going to be on the agenda. And uh FIRE 005-2025 for 2820 Howland Boulevard is also withdrawn. DEL 25-042 A and B for 114 Cambridge Street is continued. So if you're here for any of the cases I just listed, you do not need to stay. They will not be heard this evening except for the violations A and B for DEL 25-047. Uh I will go ahead and swear in everyone who intends to testify today as a group, which includes the co-compliance officers. So if you intend to uh speak to me tonight, could you please stand and raise your right hand if you're able? Um

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