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Record of Proceedings

Deltona Special Magistrate Code Enforcement Hearing - August 27, 2025

City Commission & Boards — Wednesday, August 27, 2025
BodyDeltona, Florida
SessionCity Commission & Boards
DateWednesday, August 27, 2025
StatusFILED
Video Record
0:00 / 1:35:59

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.

Unassigned speaker

0:03

Okay.

Speaker 1

0:06

All right.

0:07

Good evening.

0:08

My name is Kristen Ike.

0:10

I am the Code Enforcement Special Magistrate for the City of Daltona.

0:14

And I'm calling the special magistrate hearing of August 27th, 2025 to order.

0:21

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

Speaker 2

0:28

Mark Gibson Co-compliance Supervisor.

0:31

Danny Raw, Co-compliance Manager.

Speaker 3

0:36

Sharon Shiver, sorry, Sharon Shivers Fire Marshal.

Speaker 4

0:41

Sam Shaller, Assistant Fire Marshal.

Speaker 3

0:44

Lisa Nado, Fire Inspector.

0:46

Jessica Cotterman Hearing Clerk.

Speaker 5

0:49

Tyler Russell, Code of Compliance, Customer Service.

Speaker 6

0:54

Renee Kearney, Code Compliance Administrative Supervisor.

Speaker 7

0:59

Todd Mead, Co-compliance Supervisor.

Unassigned speaker

1:07

Do you have the math over five also?

Speaker 1

1:12

Thank you.

1:13

Please join me in the Pledge of Allegiance.

1:20

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

1:27

One nation under God, indivisible, with liberty and justice for all.

1:38

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

1:49

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

1:56

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

2:15

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

2:27

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

2:33

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.

2:49

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

2:55

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

3:00

It is important to note that for any order I issue, you may appeal by sending

Unassigned speaker

3:05

or

Speaker 1

3:05

excuse me, filing a written notice of appeal to with the circuit court within 30 days of the execution of my order pursuant to Florida statutes section 162.11.

3:17

The procedure of the hearings today will be governed by chapter 162, Florida statutes.

3:23

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

3:30

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

3:36

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

3:39

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

3:55

The city has the burden of proving that the code violation exists.

3:59

Then you will be allowed to respond.

4:36

So let me announce those.

5:00

DEL 25-084, 1109 Eagles Nest Avenue.

5:06

DEL 25-085, 1223 West Wellington Drive.

5:12

Fire 018-2025, Massey, 1200 Del Tona Boulevard.

5:19

Fire 031-2025, 1681 Providence Boulevard.

5:26

And the continued cases are DEL 25-082, 1223 Whitewood Drive, and Fire 035 2025, 1240 East Normandy Boulevard.

5:40

So if you are here for any of those cases that I just read out, you do not need to stay.

5:45

Your case will not be heard this evening.

5:58

So if uh please stand if you're able and raise your right hand.

Speaker 6

6:08

I do.

Speaker 1

6:09

Thank

Unassigned speaker

6:09

you.

Speaker 1

6:14

All right.

6:15

I have no ex parte communications to disclose.

6:20

And um we will proceed on with the cases.

Unassigned speaker

6:31

All

Speaker 1

6:31

right, first case is fire uh 34-2025, 11, excuse me, 114 Courtland Boulevard.

Lisa Nadeau · Speaker 8Inferred

6:52

For the record, my name is Lisa Nadeau.

6:54

I am employed by the City of Del Tona as a fire safety inspector.

6:58

This will be case number fire-034-2 2025.

7:03

The City of Deltona versus Fellowship Baptist Church of Daltona, Inc.

Discussion Breakdown — Share of Meeting
Fire Safety█████████████████████████████████████████████48%
Code Enforcement██████████████████████████████████████████45%
Procedural████4%
Engineering And Infrastructure██2%
Legal Matters█1%
Summary of Proceedings

Deltona Special Magistrate Code Enforcement Hearing - August 27, 2025

On Wednesday, August 27, 2025, Special Magistrate Kristen Ike convened the City of Deltona Special Magistrate hearing in the Deltona Commission Chambers. The agenda listed the hearing for 5:30 PM. The docket included fire-code violations, property-maintenance cases, and Massey compliance hearings. The magistrate swore in witnesses, stated there would be no general public comment, disclosed no ex parte communications, and reminded parties that written orders could be appealed to circuit court within 30 days under Florida Statutes Section 162.11.

Cases Not Heard / Continued

  • The magistrate announced these cases would not be heard: DEL-25-084 (1109 Eagles Nest Avenue), DEL-25-085 (1223 West Wellington Drive), FIRE-018-2025 (1200 Deltona Boulevard), and FIRE-031-2025 (1681 Providence Boulevard).
  • DEL-25-082 (1223 Whitewood Drive) and FIRE-035-2025 (1240 East Normandy Boulevard) were continued.

Public Comments & Testimony

  • No general public comment period was held; only respondents, city code-compliance officers, and witnesses called by the parties gave testimony.

Initial Violation Hearings

  • FIRE-034-2025 - Fellowship Baptist Church of Deltona, Inc., 114 Courtland Boulevard: Inspector Lisa Nadeau testified that a newly constructed shed with electrical service lacked a required permit. Inspections occurred on January 29, April 1, May 12, June 6, June 24, and August 4, 2025, with no progress on the shed. Trustee chairman Robert Arnold said a permit application had been submitted to remove the shed and cap the electrical and that the permit was expected the next morning. The magistrate found a violation and ordered correction by 4:00 PM on November 25, 2025, with a $50-per-day fine for continued noncompliance.
  • FIRE-032-2025 - Diocese of Orlando, 1310 Maximillion Street: Assistant Fire Marshal Samuel Schaller testified that fire-alarm deficiencies from April 11, 2024, and October 15, 2024 inspection reports remained uncorrected after follow-ups on May 14, June 30, and July 28, 2025. Business manager Robert Urutia stated that nearly all repairs were complete, one AC-related issue would be fixed the next day, and a reinspection was scheduled for Friday. The magistrate found a violation and ordered correction by 4:00 PM on September 26, 2025, with a $50-per-day fine.
  • DEL-25-083 - Lissandro and Grace Perez, 667 Killian Circle: Officer Josimar Jimenez testified that a pool deck was built without a permit and no permit application had been filed. Elizabeth Reyes, the owner's mother, and Linda Krukenberg of Lifetime Fencing asked for more time, saying the application had been submitted, the engineer had been re-contacted, and corrections would be made. The magistrate found a violation and ordered correction by 4:00 PM on September 26, 2025, with a reduced $25-per-day fine, noting the respondents appeared to be working diligently.
  • FIRE-033-2025 - Deltona Wellness LP, 1200 Deltona Boulevard: Assistant Fire Marshal Schaller testified to six violations involving an unpermitted exterior door, missing electrical-room signage, unpermitted removal and modification of a fire-alarm control panel and sprinkler tamper/water-flow switches, missing covers, and exposed/unsecured wiring. He noted a door permit had been ready since August 4, 2025, but not picked up, and a related permit application was incomplete. Owner's representative Michael Mather did not dispute the violations but argued the requested 14-day deadline was punitive, saying each tenant had working alarm panels and the work was substantially done. The magistrate found the violations, noted prior repeat violations from FIRE-015-2023, and ordered correction by 4:00 PM on September 10, 2025, with a $50-per-day-per-violation fine.
  • FIRE-023-2025 - Scarpello Development LLC, 2135 Howland Boulevard: Inspector Lisa Nadeau testified that penetrations in a fire-rated wall had been patched but no UL system documentation was provided despite inspections on January 7, March 19, April 11, April 29, and May 8, 2025. No respondent testimony was presented. The magistrate found a violation and ordered correction by 4:00 PM on September 26, 2025, with a $50-per-day fine.
  • FIRE-036-2025 - Fastlane 1878 Investments Inc., 1878 Providence Boulevard: Assistant Fire Marshal Schaller testified that a suite had changed from business to mercantile occupancy without a change-of-occupancy permit; a permit submitted on August 15, 2025, was rejected as insufficient. No respondent testimony was presented. The magistrate found a violation and ordered correction by 4:00 PM on October 13, 2025.

Massey Compliance Hearings

In these Massey cases, the magistrate did not revisit whether the underlying violation existed; she decided only whether the prior order had been satisfied.

  • FIRE-014-2025 - Circle K Stores Inc., 1380 Howland Boulevard: The city reported a prior order entered April 23, 2025, with 90 days to obtain permits for newly installed cooking equipment, electrical work, and an interior wall. A permit application was pending but had been rejected. The accrued fine was noted as $1,850, with fines continuing at $50 per day. Representative JD Morton requested a 90-day continuance because the original construction company withdrew; the magistrate denied the request, found noncompliance, and allowed the fine to continue.
  • DEL-25-063 - Toro, 1713 Concert Road: The city reported a June 25, 2025 order allowing 16 days to move a boat/trailer; the fine of $50 per day had accrued $2,400 over 48 days. Respondent Hector Toro objected to the proceedings, claimed the matter was under equity jurisdiction and administrative actions must be frozen, and left before the ruling. The magistrate declined to freeze the case, found noncompliance, let the fine continue, and admitted the respondent's filed objection into the record.
  • DEL-25-049 - Brian Bromagen, 1197 Acorn Court: The city reported a May 28, 2025 order allowing 61 days to correct screen-enclosure, shed, fence, and vegetation violations. Fines of $25 per violation per day, totaling $100 per day, had accrued $3,000 over 30 days; violation D (debris) was already a repeat violation generating fines. No respondent appeared. The magistrate found noncompliance on violations A, B, C, and E and let the fines continue.
  • DEL-25-061 - Rafael Selles EST, 2515 Howland Boulevard: The city reported a June 25, 2025 order with 30 days to repair or remove a fence. A $25-per-day fine had accrued $850 over 34 days. No respondent appeared. The magistrate found noncompliance and let the fine continue.
  • DEL-25-077A - Legacy Investment Team LLC, 597 Fort Smith Boulevard: The city reported noncompliance with a prior order to remove commercial and construction storage from a vacant lot. The accrued fine was $1,100 over 22 days. An affidavit of compliance had been filed for violation B (vehicles). No respondent appeared. The magistrate found noncompliance on the remaining violation and let the fine continue.
  • FIRE-019-2025 - EGE Holdings LLC, 1382 Howland Boulevard: The city reported a June 25, 2025 order with 30 days to correct fire-hydrant deficiencies identified in a December 2024 inspection report. A fine of $50 per day had accrued $1,700. No respondent appeared. The magistrate found noncompliance and let the fine continue.

Key Outcomes

  • Every case heard on the merits resulted in a violation finding or, for Massey cases, a noncompliance finding.
  • New compliance deadlines set by the magistrate: September 10, 2025 (FIRE-033), September 26, 2025 (FIRE-032, DEL-25-083, FIRE-023), October 13, 2025 (FIRE-036), and November 25, 2025 (FIRE-034).
  • Daily fines imposed ranged from $25 to $50 per day, including $50 per day per violation in FIRE-033.
  • All Massey fines continued to run until compliance was verified and an affidavit of compliance was filed.
  • The magistrate signed outstanding orders from June and July before adjourning.

Meeting Transcript

Okay. All right. Good evening. My name is Kristen Ike. I am the Code Enforcement Special Magistrate for the City of Daltona. And I'm calling the special magistrate hearing of August 27th, 2025 to order. First thing on the agenda is roll call, so I will have all of the co-compliance officers introduce themselves. Mark Gibson Co-compliance Supervisor. Danny Raw, Co-compliance Manager. Sharon Shiver, sorry, Sharon Shivers Fire Marshal. Sam Shaller, Assistant Fire Marshal. Lisa Nado, Fire Inspector. Jessica Cotterman Hearing Clerk. Tyler Russell, Code of Compliance, Customer Service. Renee Kearney, Code Compliance Administrative Supervisor. Todd Mead, Co-compliance Supervisor. Do you have the math over five also? Thank you. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Next on the agenda is my statement about how the hearing is going to proceed tonight. We are here tonight because the city of Daltona has contended that there are violations of the Deltona City Code that exist. This is a public meeting, which means that no general public comment will be accepted, but each of the respondents and the code compliance officers here tonight and any witnesses each of you call will be able to present evidence to me regarding each case and the violations of the Deltona City Code that are being alleged. I am an attorney and appointed by the city commission to render decisions in these code enforcement matters to determine if a violation of the city code exists and what fine will be imposed if any. If you are here for a massey case, you might see that next to your case number on the agenda. That means that I will be determining solely whether you 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 or excuse me, filing a written notice of appeal to with the circuit court within 30 days of the execution of my order pursuant to Florida statutes section 162.11. The procedure of the hearings 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. The city has the burden of proving that the code violation exists. Then you will be allowed to respond. So let me announce those. DEL 25-084, 1109 Eagles Nest Avenue. DEL 25-085, 1223 West Wellington Drive. Fire 018-2025, Massey, 1200 Del Tona Boulevard. Fire 031-2025, 1681 Providence Boulevard. And the continued cases are DEL 25-082, 1223 Whitewood Drive, and Fire 035 2025, 1240 East Normandy Boulevard. So if you are here for any of those cases that I just read out, you do not need to stay. Your case will not be heard this evening. So if uh please stand if you're able and raise your right hand. I do. Thank

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