City of Deltona Special Magistrate Code Enforcement Hearing – June 25, 2025

The City of Deltona Special Magistrate convened an evening code enforcement hearing on June 25, 2025, governed by Chapter 162, Florida Statutes. The magistrate heard eight cases covering building-permit, property-maintenance, fire-safety, and municipal-lien matters, while eight cases were withdrawn and one was continued. Respondents were sworn in as a group; case files and PowerPoint presentations were admitted as exhibits, and the magistrate noted that any party may appeal an order to circuit court within 30 days of its execution under Florida Statutes section 162.11.

Hearing Procedures & Administrative Announcements

• Code compliance staff introduced themselves: Mark Gibson (Code Compliance Supervisor), Danny Ra (Code Compliance Manager), Sam Shaller (Deputy Fire Marshal), Jessica Cotterman (hearing clerk), and Todd Mead (Code Compliance Supervisor).
• The magistrate explained that in "massie" (show-cause) cases she would determine only whether the respondent came into compliance with a prior order in a timely manner, not whether the original violation existed.
• Formal rules of evidence did not apply, but fundamental due process was observed; hearsay was admissible only to support other competent and substantial evidence. The hearing was recorded.
• Eight cases were withdrawn: FIRE 020-2025 (667 Deltona Boulevard), FIRE 021-2025 (2160 Howland Boulevard, Suite 108), DEL 25-011 (1364 Rock Hill Street), DEL 25-024 (1264 Seagate Drive), DEL 25-056 (2811 Aaron Donda Drive), DEL 25-062 (2960 Norwick Street), DEL 25-064 (2558 Collingswood), and DEL 25-065 (3240 Elkham Boulevard).
• One case, DEL 25-058 (1611 Giffen Avenue), was continued.

Case 1: DEL 25-042 A & B – 1114 Cambridge Street (Retaining Seawall Without Permit)

• The city charged Fred Kelly II with (A) constructing a retaining seawall without a building permit (City Ordinance Section 18-3, adopting Florida Building Code Section 105.1) and (B) using city right-of-way or public lands without prior written consent (Section 58-31).
• Code officer Joe Samar Jimenez testified the case opened May 24, 2024, after a reporting party complained about a seawall being built in Lake Shelby. She stated that measurements by the deputy public works director found the retaining wall extends 50 feet or more outside the footprint of the property into what the city asserts is city-owned lake property, that the homeowner built the wall as a DIY project with no engineered plans or updated survey, and that the case had been pending about 13 months.
• Mr. Kelly testified his home was sinking after Hurricane Ian, that he built the erosion wall because the lake was pulling soil from beneath his property, and that he was denied the ability even to apply for a permit because the city maintains the wall sits on city land. He stated he would not file for a demolition permit because removing the wall would damage his home. He also stated he is a 100% disabled veteran and speculated that he was being targeted because he pays no property taxes; the magistrate said she would not consider that speculation.
• Arthur Huggins, attorney for Mr. Kelly, argued the owner has littoral rights under Florida law to build at the water's edge (citing BBM Property LLC v. 920 North Stanley Partners and Cardi v. Regions Bank), that the city's refusal to accept a permit application was a prior restraint, and that the case was based on an anonymous complaint in violation of Section 162.06. The city then provided a code case management sheet identifying the complainant by name, phone number, and address, which the magistrate accepted into evidence.
• Structural engineer Mr. Lyelle, a former deputy public works director testifying for the owner, stated the wall product is approved by the State of Florida and that the wall was constructed properly; he argued the city was being "arbitrary" and "capricious" because other seawalls on the lake have not been cited. City staff responded that there are open code cases on other lake properties handled by a different officer.
• City Attorney Gemma Torsevia argued the wall was built without permission on city-owned lake property, that the owner had 13 months to comply, that a variance cannot be obtained for property one does not own, and urged a more serious penalty than the $25-per-day fine the officer requested.
• The city noted that a survey emailed that morning by the owner's attorney was dated June 15, 2015, while the survey submitted to planning and zoning showed updates dated September 18, 2019, and April 22, 2025; the city argued the survey showed the seawall lies outside the owner's property line.
• Ruling: The magistrate found the respondent in violation of Violation A (failure to obtain a building permit) and dismissed Violation B (unauthorized use of public lands), stating the city did not carry its burden of proving the land is city-owned and that ownership is not within the magistrate's authority to determine. Compliance is required by 4:00 p.m. on January 9, 2026 (set slightly beyond six months to avoid a Christmas Day deadline), with a $25-per-day fine imposed for each day the violation continues. The magistrate specified that compliance means either demolishing the structure or actually obtaining a building permit, and that the timeframe permits the parties to resolve the ownership dispute, if necessary, in an appropriate court.

Case 2: DEL 25-057 – 570 East Normandy Boulevard (Exterior Maintenance)

• The city charged Carmen A. Hernandez with failing to maintain exterior surfaces, including damaged wood, soffit, trim, and fascia, under International Property Maintenance Code Section 304.2.
• Officer Jimenez testified the case opened February 27, 2025, when she observed a blue tarp on the roof and exterior wall damage; a tree had fallen on the home. The owner's son, Lewis Hernandez, said the family could not get a loan and had no money for repairs, and that they were seeking help through the city's owner-occupied repair grant program.
• The city confirmed that $781 in back property taxes were paid on June 23, 2025, clearing the first hurdle for the grant application, and that the program was helping the family complete an eight-page application within 30 days.
• Ruling: Violation found as charged. The magistrate ordered compliance by 4:00 p.m. on October 23, 2025 (120 days, rather than the city's requested 90 days, to provide a buffer for the grant process), with a $25-per-day fine for each day the violation continues after that date.

Case 3: FIRE 006-2025 – 2310 North Normandy Boulevard (Show-Cause: Fire Alarm Electrical Permit)

• Assistant Fire Marshal Sam Shaller noted an agenda error: the violation description and corrective action printed in the agenda were "flip-flopped" with those of another case; the notices served on the property owner contained the correct information.
• This massie case concerned Normandy Holdings LLC's failure to obtain an electrical permit for work connected to a fire alarm cellular communicator, in violation of the Florida Fire Prevention Code (NFPA 1, Chapter 13.1.1). A prior order gave 90 days to comply; the owner did not, and a $50-per-day fine had accrued $1,450 over 29 days since May 28, 2025.
• Hector Lopez of Dynafar, the contracting company, testified the electrical permit application (ELC 25-0049) had been resubmitted and placed under city review that afternoon.
• Ruling: The magistrate found the respondent failed to correct the violation by the prior order's deadline. The $50-per-day fine continues until compliance is verified by a fire safety inspector and an affidavit of compliance is filed.

Case 4: DEL 25-061 – 2515 Howland Boulevard (Fence in Disrepair)

• Officer Janice Pelasic testified the property appeared vacant and had a wrought iron fence with missing sections, exposed metal, and sharp edges, violating International Property Maintenance Code Section 302.7. No respondent appeared.
• Ruling: Violation found as charged. Compliance required by 4:00 p.m. on July 25, 2025 (30 days), with a $25-per-day fine thereafter.

Case 5: DEL 25-063 – 1713 Concert Drive (Boat Parking)

• Officer Pelasic testified that a tarp-covered boat had been improperly parked on the side of the driveway since at least April 23, 2025, violating Ordinance Section 66-193, which prohibits boat storage between the front lot line and the front-most part of the principal structure.
• The city requested seven days to comply and a $100-per-day fine.
• Ruling: Violation found as charged. The magistrate ordered compliance by 4:00 p.m. on July 11, 2025, with a $50-per-day fine thereafter, explaining that she determines the appropriate fine amount and allowing extra time for the written order to be completed.

Case 6: FIRE 018-2025 – 1200 Deltona Boulevard, Suites 23-26 (Fire Alarm System Out of Service)

• Fire Safety Inspector Jory Bailey testified that since December 9, 2024, the fire alarm at Deltona Wellness LP's property remained in a trouble state: the phone line was not communicating with the central monitoring station, and a smoke detector in the medical record room was not functioning. The facility was on fire watch, requiring hourly walks.
• Ruling: Violation found as charged on both counts. Compliance required by 4:00 p.m. on July 25, 2025 (30 days), with fines of $50 per day per violation — $100 per day total — for each day the violations continue.

Case 7: FIRE 019-2025 – 1382 Howland Boulevard (Fire Hydrant Deficiency)

• Inspector Bailey testified that a December 23, 2024, inspection report by North Florida Fire Protection found a privately owned fire hydrant that could not be flowed due to corrosion and moisture on the bonnet, with rebuild or replacement recommended. Reinspection notices were sent in March, April, and May 2025, with no response from owner EGE Holdings LLC.
• Ruling: Violation found as charged. Compliance required by 4:00 p.m. on July 25, 2025 (30 days), with a $50-per-day fine thereafter.

Case 8: Foreclosure Authorization – 779 Tulip Street (Municipal Liens)

• Code Compliance Supervisor Todd Mead requested authorization under Ordinance Section 2-154 to foreclose municipal liens against Carlos Antonio Enrique Montserrat and Lassandra Enriquez arising from six cases: DEL 12-105, DEL 14-178, DEL 22-087, DEL 22-088, DEL 22-089, and DEL 22-090.
• Mead testified the liens, which had been reduced to $125,000, were recorded more than 90 days prior; the homeowner received sale proceeds intended to pay the liens but did not pay them, and the city commission had rejected a recommended $10,000 reduction. The property is not homesteaded.
• Ruling: The magistrate issued an order authorizing the city to proceed with foreclosure, noting the 90-day requirement was satisfied.

Key Outcomes

• DEL 25-042 A & B (1114 Cambridge Street): Violation A (no building permit) upheld; Violation B (right-of-way/public lands) dismissed; comply by January 9, 2026, or pay $25 per day.
• DEL 25-057 (570 East Normandy Boulevard): Violation upheld; comply by October 23, 2025, or pay $25 per day.
• FIRE 006-2025 (2310 North Normandy Boulevard): Show-cause granted; $50-per-day fine continues ($1,450 already accrued), and an affidavit of compliance is required.
• DEL 25-061 (2515 Howland Boulevard): Violation upheld; comply by July 25, 2025, or pay $25 per day.
• DEL 25-063 (1713 Concert Drive): Violation upheld; comply by July 11, 2025, or pay $50 per day.
• FIRE 018-2025 (1200 Deltona Boulevard, Suites 23-26): Violations upheld; comply by July 25, 2025, or pay $100 per day total ($50 per violation).
• FIRE 019-2025 (1382 Howland Boulevard): Violation upheld; comply by July 25, 2025, or pay $50 per day.
• Foreclosure authorized for 779 Tulip Street.