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Record of Proceedings

Special Magistrate Code Enforcement Hearing - January 28, 2026

City Commission & Boards — Wednesday, January 28, 2026
BodyDeltona, Florida
SessionCity Commission & Boards
DateWednesday, January 28, 2026
StatusFILED
Video Record
0:00 / 2:04:36

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

The agenda is a roll call, so I will have all the code compliance officers introduce themselves, please.

Speaker 2

0:08

Sam Shaller, Deputy Fire Marshal.

Speaker 3

0:10

Danny Rong, co-compliance manager.

Speaker 4

0:12

Lisa Nadel, fire inspector.

Speaker 5

0:14

Mark Gibson, co-compliance supervisor.

Speaker 4

0:19

Jessica Cotterman Hearing Clerk.

Speaker 6

0:22

Todd Mead, Co-compliance Supervisor.

Unassigned speaker

0:31

Yeah, compliance officer.

Speaker 1

0:39

Thank you.

0:40

Please join me in the Pledge of Allegiance.

0:46

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

1:07

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

1:12

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

1:23

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 Daltona City Code that are being alleged.

1:41

I'm 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.

1:52

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

2:13

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

2:18

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

2:23

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

2:41

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

2:46

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

2:53

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

2:58

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

3:01

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

3:05

Your testimony will be under oath, so I will be swearing you in, and this hearing is being recorded.

3:11

For each case, I will call the case number and the city will proceed first.

3:19

Then you will be allowed to respond.

3:22

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

3:27

And you should have received a copy of the case file when you came in this evening.

3:32

If you did not receive a copy, please let me know when your case is called.

4:03

Fire 053 2025, 800 Fort Smith Boulevard, and DEL 26-005, 3182, Overdale Street.

4:16

All of these cases were in compliance.

4:20

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

4:25

These cases have been withdrawn and will not be heard tonight.

4:37

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

4:44

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

4:47

If so, please say I do.

4:49

Thank

Unassigned speaker

4:50

you.

Speaker 1

5:00

All right.

5:01

We will um proceed on.

5:04

Oh, sorry, I have no uh ex-party communications to disclose, and so we will go ahead and start with the cases.

5:19

All right.

5:19

First is DEL 26-001, 2638 North Juliet Drive.

Unassigned speaker

5:50

Good

Speaker 7

5:51

evening.

5:51

Good evening.

Unassigned speaker

5:52

My

Speaker 7

5:52

name is Janice Pelasik, and I am employed by the City of Deltona as a code compliance officer.

5:57

This will be case number DEL 26-001.

6:02

The City of Deltona versus Amy and Philip Olberg.

6:05

The property address is 2638 North Juliet Drive.

6:10

The parcel ID number is 813 032 600 050.

6:18

This is a violation of City of Del Tona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code Section 304.2, which states that all exterior surfaces, including but not limited to door, door and window frames, cornices, porch, trim, balcony, decks, and fences, and shall be kept in sound working condition and maintained in good repair.

6:44

Exterior wood surfaces other than decay resistant wood shall be protected from the elements and decay by painting or other protective covering or treatment.

6:54

Corrective action for said violation is to repair or replace the damaged exterior surface, the siding, and obtain permits if necessary.

7:03

The statutory requirements for notification of this hearing have been met by

Unassigned speaker

7:08

the

Speaker 7

7:08

notice of hearing and notice of code violation were sent certified mail to the property owner at the address listed with the property appraiser's records.

7:16

In addition, both notices were posted onto the property and at City Hall at least 10 days prior to this hearing.

Discussion Breakdown — Share of Meeting
Code Enforcement█████████████████████████████████████████████76%
Procedural████6%
Fire Safety███5%
Affordable Housing██4%
Public Engagement██4%
Public Safety█2%
Stormwater Management█2%
Zoning And Land Use█1%
Summary of Proceedings

Special Magistrate Code Enforcement Hearing - January 28, 2026

The City of Deltona Code Enforcement Special Magistrate hearing convened on January 28, 2026, at 10:45 AM. The special magistrate presided over cases involving violations of property maintenance, building permits, fire safety, and nuisance codes. Thirteen cases were heard, including two massy (repeat) cases. The hearing began with a roll call of code enforcement officers, the Pledge of Allegiance, and an explanation of hearing procedures.

Consent Calendar

  • Several cases were withdrawn as they had been brought into compliance: Fire 053 2025 (800 Fort Smith Blvd), DEL 26-005 (3182 Overdale Street), and others listed at the start. Respondents for these cases were excused.

Discussion Items

  • DEL 26-001 (2638 N Juliet Dr): Violation for missing siding. Respondents Philip and Amy Olberg acknowledged the violation and detailed financial hardships, including a contractor theft and denied loan applications. The magistrate found a violation, granted 90 days to comply (by April 28, 2026), with a $25/day fine if not.
  • DEL 26-011 (637 S Glancy Dr): Unpermitted garage conversion. Respondent Teresa Brown (via representative) stated efforts were underway with a contractor. The magistrate found a violation, allowed 61 days (by March 30, 2026), with a $50/day fine.
  • DEL 25-103 (Massey) (1420 Courtland Blvd): Life Fellowship Church had a prior order for a fence permit. Fines of $1,725 had accrued. Pastor Joel Newman argued the city failed to communicate deficiencies. The magistrate waived accrued fines, gave 14 days (by February 11, 2026) to obtain the permit.
  • DEL 26-002 (2900 Beckwith St): Missing siding. Respondent Teresa V. St Vall reported that a worker would start on February 2. The magistrate gave 30 days (by February 27, 2026), with a $25/day fine.
  • DEL 26-008 (128 Champlain Dr): Unpermitted concrete slab. Respondent Carla M. Garcia Morales (via family) claimed the city never inspected after they applied. The magistrate found a violation, gave 61 days (by March 30, 2026), with a $25/day fine.
  • DEL 26-010 (617 S Anchor Dr): Hazardous tree with termites and rot. Neighbor Nicole Driscoll testified about property damage and safety risks. The magistrate found a violation, gave 21 days (by February 18, 2026), with a $250/day fine due to the hazard.
  • DEL 26-004 (1411 Swiss Lane): Unpermitted garage conversion (bathroom, kitchen). Respondent Brendalis Roman Rivera (absent) emailed photos showing demolition. The magistrate found a violation, gave 30 days (by February 27, 2026), with a $50/day fine.
  • DEL 26-006 (361 Fort Smith Blvd): Right-of-way maintenance (dirt washout, parking). Respondent James Pasarella (absent due to emergency work) had intended to comply. The magistrate found a violation, gave 30 days (by February 27, 2026), with a $50/day fine.
  • DEL 26-007 (1211 Abigail Dr): Parking commercial vehicles on a vacant lot. Respondent RDG Investment LLC. The magistrate found a violation, gave 14 days (by February 11, 2026), with a $100/day fine.
  • DEL 26-009 A&B (1330 L Cam Blvd): Unsanitary pool and exterior disrepair. Respondent Jeffrey D and Marcy A Meyer. The magistrate found violations, gave 14 days (by February 11, 2026) for the pool and 30 days (by February 27, 2026) for the exterior, with fines of $25/day per violation ($50 total per day).
  • DEL 25-096 A&B (Massey) (2913 Lake Helen Osteen Rd): Prior orders for two violations. Fines of $1,700 each had accrued (68 days). Respondent Elias Acosta Gonzalez failed to comply. The magistrate continued fines at $25/day per violation.
  • Fire 050 2025 (1200 Deltona Blvd): Fire hydrants inoperable (frozen valve, too low). Respondent Daltona Wellness LP. The magistrate found a violation, gave 30 days (by February 27, 2026), with a $50/day fine.
  • Fire 054 2025 (1382 Howland Blvd): Fire code violations (damaged junction box cover, exposed wires on tamper switch). Respondent EGE Holdings LLC. The magistrate found violations, gave 30 days (by February 27, 2026), with a $50/day fine.

Key Outcomes

  • All cases were found in violation of the city code as charged.
  • Compliance deadlines ranged from 14 to 90 days.
  • Daily fines for non-compliance: $25 to $250 per day, depending on severity.
  • For the Massy case (DEL 25-103), the magistrate waived $1,725 in accrued fines due to lack of city communication, ordering a 14-day extension.
  • The special magistrate directed that written orders be prepared for all cases and urged respondents to stay in contact with code inspectors.

Meeting Transcript

The agenda is a roll call, so I will have all the code compliance officers introduce themselves, please. Sam Shaller, Deputy Fire Marshal. Danny Rong, co-compliance manager. Lisa Nadel, fire inspector. Mark Gibson, co-compliance supervisor. Jessica Cotterman Hearing Clerk. Todd Mead, Co-compliance Supervisor. Yeah, compliance officer. 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. Next on the agenda is my statement about how the hearing is going to run tonight. And I am going to read this so I don't forget anything. 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 Daltona City Code that are being alleged. I'm 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 massey case, you might see that next to your case number on the agenda. Any decision I make this evening will be put into a written format in 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 notice of appeal with 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. Your testimony will be under oath, so I will be swearing you in, and this hearing is being recorded. For each case, I will call the case number and the city will proceed first. 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. And you should have received a copy of the case file when you came in this evening. If you did not receive a copy, please let me know when your case is called. Fire 053 2025, 800 Fort Smith Boulevard, and DEL 26-005, 3182, Overdale Street. All of these cases were in compliance. And if you are here for any of those cases, I just read you do not need to stay. These cases have been withdrawn and will not be heard tonight. So if you're able, please stand and raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth? If so, please say I do. Thank you. All right. We will um proceed on. Oh, sorry, I have no uh ex-party communications to disclose, and so we will go ahead and start with the cases. All right. First is DEL 26-001, 2638 North Juliet Drive. Good evening. Good evening. My name is Janice Pelasik, and I am employed by the City of Deltona as a code compliance officer. This will be case number DEL 26-001.

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