Deltona Code Compliance Special Magistrate Hearing - May 27, 2026

On May 27, 2026, Special Magistrate John Van Lanningham convened the City of Deltona code compliance special magistrate hearing. Staff from code compliance and fire safety presented cases involving unpermitted construction, property maintenance, fire code violations, and one lien reduction request. The magistrate heard testimony from code officers, fire inspectors, respondents, and property representatives, then imposed compliance deadlines and per-day fines.

Consent Calendar

• Approved the previous month's minutes without objection.
• Withdrawn cases: DEL 26024 (2865 Facing Circle), DEL 26026 (2496 Newmark Drive), DEL 26029 (289 Providence Boulevard), a fire case at 1682 Providence Boulevard, and DEL 26023 (3115 Yorkshire Drive), the last reported in compliance.
• Continued: DEL 26031 (1240 East Normandy Boulevard).
• All officers and hearing witnesses were sworn; the magistrate stated he had no ex parte communications.

Public Comments & Testimony

• Travis Picker, respondent in DEL 26019 (1995 Monfort Lane), acknowledged the fence-height issue but argued the city should not make him pay to fix a fence built under a permit the city issued in error after staff had written the required heights on his survey. The magistrate said the liability and damages issue was outside his jurisdiction.
• Philip Olberg, respondent at 2638 North Juliet Drive, requested a stay of fines, citing Florida Statute 162.09(2)(b) and documented denials for a HELOC, reverse mortgage, state and county assistance, Rebuild Florida, Habitat for Humanity, the city housing and community development department, and Community Legal Services of Mid-Florida. The city opposed the stay; the magistrate denied it, noting that a post-compliance reduction process is available.
• Michael Mather, property manager for the owner of 1200 Deltona Boulevard in DEL 26030 A-E, testified via Zoom that the open permits were old, non-safety final-inspection items, that he had renewed permits and contacted staff repeatedly, and that the repeat-violation designation had not been clearly explained. He requested the normal 30 days to comply.
• Brenda Montgomery, property manager of 1229 Providence Boulevard, Suite A, described the property as a hot mess until she took over and said progress had been made on the remaining fire-system permit violation.
• Shamra R. Taylor, owner of 916 Short Crest Avenue, described contractor failures, months of conflicting permit-office requirements, a $19,000 repair cost, and the need to save before fixing the property. She requested a reduction of the $27,050 lien. The magistrate initially stated the request as a 95% reduction to $402.50; a staff supervisor clarified that her written request was reduction to 5% of each violation, totaling roughly $1,300.

Discussion Items and Case Rulings

• DEL 26027, 2113 Laredo Drive: Code officer Tom Ruddy testified that no building permit had been obtained for a single-family residence. No respondent appeared. Magistrate found a violation; compliance by June 26, 2026; $50 per day starting June 27, 2026.
• DEL 26025 A-E, 241 Fort Smith Boulevard: Five counts were presented: vehicles and equipment parked on a vacant lot, shed and fence built without permits, accumulated waste and debris, and unpermitted business signs. No respondent appeared. Magistrate found all five violations; for counts A, D, and E, compliance by June 10, 2026; for counts B and C, by June 26, 2026; $100 per day per violation after each deadline.
• DEL 26019, 1995 Monfort Lane: Officer Joel Taylor testified that the fence permit was issued, then revoked after inspection because the fence height did not meet zoning requirements. Respondent Travis Picker disputed only liability for the correction cost. Magistrate found the fence violation; compliance by June 26, 2026; $100 per day starting June 27, 2026, and stated he had no authority to decide whether the city should pay for the correction.
• 2638 North Juliet Drive, old business: The property remained out of compliance after a January 28, 2026 order. A $25-per-day fine had run since April 29, 2026, accruing $700 over 28 days. The magistrate denied the requested stay and ordered the fine to continue until compliance is verified.
• DEL 26030 A-E, 1200 Deltona Boulevard: Five work-without-permit counts were presented as a repeat violation, with permits BLD C20-0028, MECC 21-0002, BLD C21-0140, MECC 23-0005, and ELEC 24-0062. Michael Mather requested 30 days. The magistrate found all five violations and set a 14-day compliance date of June 10, 2026, with $100 per day per violation beginning June 11, 2026.
• Fire 028-2026, 1240 Providence Boulevard: One outstanding violation required labeling the exterior electrical disconnect. No respondent appeared. Compliance by June 26, 2026; $50 per day starting June 27, 2026.
• Fire 030-2026, 1240 Providence Boulevard, Suite 3: Outstanding violations were the use of an extension cord behind the front counter and damaged ceiling tiles; other fire-code counts were resolved. No respondent appeared. Compliance by June 26, 2026; $50 per day per violation starting June 27, 2026.
• Fire 031-2026, 1229 Providence Boulevard, Suite A: The outstanding violation was failure to obtain a permit for fixed fire-suppression nozzles, an additional suppression bottle, and a relocated pull station. Brenda Montgomery appeared. Compliance by July 13, 2026; $50 per day starting July 14, 2026.
• DEL 25054 A-C, 916 Short Crest Avenue: This lien-reduction hearing covered work without permits for a shed, pergola, and concrete driveway. The property remained in violation for 161 days for the shed, 219 days for the pergola, and 161 days for the driveway, with accrued fines of $8,050, $10,950, and $8,050, totaling $27,050. The city reported operational costs of $2,493.56 per case, a total of $7,480.68, presented no reduction recommendation, and requested full recovery of the fines. The magistrate noted his role was to make a recommendation and that the final decision would be made by the commission. He took the reduction request under advisement.

Key Outcomes

• Compliance deadlines and fines were imposed as listed above; all fines run until the relevant code officer verifies compliance.
• The requested stay of fines at 2638 North Juliet Drive was denied, and the $25 per day fine continues to accrue.
• The $27,050 lien reduction request for 916 Short Crest Avenue was taken under advisement; a written order will follow.
• The magistrate asked staff to provide draft orders in Word format and a sample previous lien-reduction order so his written order would match the commission's customary format.