Deltona Code Enforcement Special Magistrate Hearing - May 28, 2025

The City of Deltona special magistrate convened a code enforcement hearing on May 28, 2025, to hear cases involving alleged violations of the Deltona City Code. The magistrate stated the city had the burden of proof, respondents could testify and present evidence under oath, and no general public comment would be accepted. One case was withdrawn and three cases were continued before the hearing; the magistrate also granted one continuance during the hearing.

Procedural Announcements

• Withdrawn: DEL 25-052, 507 Oslo Drive.
• Continued before the hearing: DEL 25-011 (Massey case, 1384 Rockhill Street), DEL 25-024 (Massey case, 1264 South Seagate Drive), and FIR17-2025 (1381 Howland Boulevard).
• The magistrate reported no ex parte communications and stated that case files and PowerPoint presentations would be admitted into evidence unless objected to.

Discussion Items

FIR-054-2024 - Mobility chair and electrical work without permit (lien reduction)

• The property was ruled in violation on September 25, 2024, and again on January 29, 2025, under the Florida Fire Prevention Code. The owner was given until December 27, 2024, to correct the violation, and the city reported 38 days of noncompliance, accruing a fine of $1,900. Staff costs totaled $1,179.42, and the city recommended no reduction.
• The respondent cited confusion about the need for an elevator company license and an electrical permit, said the mobility chair had been installed for about four years, and stated the property provides HUD-subsidized low-income housing.
• The magistrate recommended reducing the lien to the city's costs, $1,179.42, citing the respondent's confusion, the affordable housing use, and no other violations presented.

DEL 25-054A/B/C - No permits for shed, pergola, and concrete flat work, 916 Shorecrest Avenue (respondent Shamar R. Taylor)

• The city alleged three unpermitted structures and asked for 60 days or $50 per day per violation. The respondent said the contractor had taken $200 and stopped responding, and another company had agreed to come out.
• The magistrate found the respondent in violation, ordered compliance by August 26, 2025 (90 days), and set a fine of $50 per day per violation, totaling $150 per day, if not corrected.

FIR-023-2023 - Fire alarm cellular communicator permit/final inspection, 55 Courtland Boulevard (Dollar Tree Stores Inc.; lien reduction)

• This case involved a Dollar Tree Stores property. The property did not come into compliance until 472 days after the initial ruling, accruing a fine of $11,800. Staff costs totaled $1,155.04, and the city agreed to a reduction to $1,180.
• A Dollar Tree representative requested the reduction, noting a permit had been obtained but the contractor never called for the final inspection; once identified, city staff reactivated the permit and the inspection passed.
• The magistrate noted a discrepancy between the agenda's lien amount ($11,150) and the officer's reported fine ($11,800). He recommended reducing the fine to $1,180.

DEL 25-053 - Improperly parked vehicles, 2230 Howland Boulevard (respondent Lindsay Tripp)

• The city presented a case of vehicles parked in the front yard. The officer said the property had come into compliance at least a week before the hearing and requested a finding for the earlier violation period, which would make future violations repeat violations.
• The respondent said the truck had been parked in the driveway for about two and a half weeks and described a difficult driveway layout and family logistics.
• The magistrate found the violation occurred but was now corrected, imposed no fine, and warned that a similar violation within five years could be treated as a repeat violation with fines up to $500 per day.

DEL 25-051 - 1901 East Chapel Drive

• The city requested a continuance to the August 27, 2025, special magistrate hearing because the case involved roof work and permits. The magistrate granted the continuance.

DEL 25-048 - Outdoor washing machine, 668 Pepperwood Avenue (respondent Emily Chestnut)

• The city alleged a furniture/storage violation because a washing machine was connected and used outside, with hoses and pooling water observed. The respondent did not appear.
• The magistrate dismissed the case, reasoning that the washing machine was hooked up and being used rather than stored, similar to an outdoor air-conditioning unit, and noted there may be other violations not cited.

DEL 25-049A/B/C/D/E - Property maintenance, debris, and weeds, 1197 Acorn Court Drive (respondent Brian King Rumgen)

• The city alleged disrepair to a screen enclosure, shed, and fence, a repeat debris violation, and weeds exceeding 12 inches. The resident had said he would clean up but had not.
• The magistrate found violations A, B, C, and E, ordered correction by July 28, 2025 (61 days), and imposed $100 per day total if not corrected.
• For violation D, the magistrate found a repeat violation and imposed $50 per day from March 12, 2025, until compliance.

DEL 25-050 - Trailer parked in front yard, 1740 Fort Smith Boulevard

• The city presented a trailer parked in the front yard, with multiple notices and no contact with the owners. The property's zoning was confirmed as R1, where this parking is prohibited.
• The magistrate found the violation, ordered compliance by June 11, 2025 (14 days), and imposed $25 per day if the trailer remained.

DEL 25-055 - Fence without permit, 1697 Sumatra Avenue (respondents Carmen D. and Carlos A. Torellas)

• The city alleged a newly installed fence without a permit; no permit application had been submitted as of the hearing.
• The magistrate found the violation, ordered compliance by June 27, 2025 (30 days), and imposed $50 per day if not corrected.

Key Outcomes

• Dismissed: DEL 25-048 (668 Pepperwood Avenue).
• Continued to August 27, 2025: DEL 25-051 (1901 East Chapel Drive).
• Violation findings with compliance deadlines: DEL 25-054 (by August 26, 2025), DEL 25-049 A/B/C/E (by July 28, 2025), DEL 25-050 (by June 11, 2025), and DEL 25-055 (by June 27, 2025).
• DEL 25-053 was found in violation but corrected, with no fine imposed.
• Lien reduction recommendations to the city commission: FIR-054-2024 reduced to $1,179.42 and FIR-023-2023 reduced to $1,180. The city commission makes the final decisions on lien reductions.