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Special Magistrate

Wednesday, March 26, 2025 · Government meeting record

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Special Magistrate

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2345 Providence Blvd. Deltona, FL 32725 City of Deltona Minutes - Final Special Magistrate 5:30 PM Deltona Commission ChambersWednesday, March 26, 2025 1. CALL TO ORDER: The meeting was called to order at 5:39 pm. 2. ROLL CALL: Special Magistrate Kristin Eick Code Compliance Manager Danny Ron Code Compliance Supervisor Mark Gibson Code Compliance Supervisor Todd Meade Hearing Clerk Jessica Cotterman Building and Code Admin. Supervisor Renée Cairney Officer Bashir Tourkzi Officer Janice Polascik Officer Yvette Lamar Officer Sashann Gregory Officer Tina Pagan Officer Steve Braukhoff Officer Jeff Scott Captain/Assistant Fire Marshal Samuel Schaller Fire Inspector Lisa Nadeau 3. PLEDGE TO THE FLAG: 4. SPECIAL MAGISTRATE STATEMENT: Presented by Kristin Eick Ms. Eick has taken a Judicial Notice of all City of Deltona Ordinances, State Statues, Florida Building and Fire Codes and the International Property Maintenance Code. 5. DISCLOSURE OF EX PARTE COMMUNICATIONS: 6. APPROVAL OF AGENDA & MINUTES: The Minutes of the Special Magistrate hearing for February 26, 2025 were approved by the Special Magistrate Kristin Eick. 7. ANNOUNCEMENTS: Withdrawn Cases Page 1City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final DEL-24-096 Massey - 1385 Comerwood Dr - Withdrawn in Compliance DEL-25-003 - 1730 Hillandale - Withdrawn in Compliance DEL-25-028 - 2917 Courtland Boulevard - Withdrawn Compliance DEL-25-030 - 962 N Village Drive - Withdrawn in Compliance DEL-25-032 - 3161 Telford Lane - Withdrawn Compliance DEL-25-035 - 2893 Monarch Avenue - Withdrawn Compliance DEL-25-036 - 698 N Apache Circle - Withdrawn in Compliance FIRE-009-2025 - 481 Deltona Blvd - Withdrawn in Compliance Continued Cases DEL-25-023 - 2101 Kingswood Ave - Working with planning on permit DEL-25-037- 960 Shorecrest Avenue - Continued 8. SWEARING IN OF OFFICERS AND WITNESSES: 9. OLD BUSINESS: DEL-23-242 MASSEY Property Address: 3775 Trade Street, Deltona, FL 32738 Parcel ID: 8130-62-37-0030 Property Owner: Marisol Rodriguez & Carl Joseph Rizner JR. & Yvette Rizner 3775 Trade Street Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.6, which states that all exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Corrective action: Repair the exterior walls. Officer: Sashann Gregory Special Magistrate found the Respondent did not correct the violation within the time specified in the prior Order. A fine in the amount of $13,025, representing 521 days at $25 per day (consistent with prior Order). The fine will continue to accrue for each and every day Page 2City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final thereafter that there continues to be non-compliance with the City Code. Property owner Carl Rizner was present to testify. DEL-24-096 MASSEY Property Address: 1385 Comerwood Drive, Deltona, FL 32738 Parcel ID: 8130-38-11-0160 Property Owner: Dorian Zelaya 1385 Comerwood Drive Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Corrective action: Repair or remove the fence. Officer: Todd Meade Withdrawn by the City in compliance. DEL-25-003 MASSEY Property Address: 1730 Hillandale Avenue, Deltona, FL 32738 Parcel ID: 8130-73-10-0080 Property Owner: Thomas V. Bamundo & Judy Lynn Bamundo 2970 Willow Bay Terrace Casselberry, FL 32707 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Page 3City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Corrective action: Repair, replace, or maintain in good repair any exterior surfaces (roof). Remove tarp. Obtain permits if required. Officer: Janice Polascik Withdrawn by the City in compliance. 10. NEW BUSINESS: DEL-25-023 Property Address: 2101 Kingswood Avenue, Deltona, FL 32725 Parcel ID: 8130-69-11-0100 Property Owner: Elias Riverson & Teresa Cuadros 2101 Kingswood Avenue Deltona, FL 32725 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the roof structure over front doorway. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all the requirements of the city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer: Bashir Tourkzi Continued by the City. Page 4City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final DEL-25-027 Property Address: 2435 Academy Avenue, Deltona, FL 32738 Parcel ID: 8130-32-15-0060 Property Owner: Karen Blekicki 2435 Academy Avenue Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural condition. Corrective Action: Repair or remove the fence. Officer: Steve Braukhoff Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM May 26, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. DEL-25-028 Property Address: 2917 Courtland Boulevard, Deltona, FL 32738 Parcel ID: 8130-32-88-0010 Property Owner: Luis Saurez & Abigail Suarez 2917 Courtland Boulevard Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, Page 5City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for the screen room to solid wall conversion, and window replacement. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all the requirements of the city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer: Steve Braukhoff Withdrawn by the City in compliance. DEL-25-029 Property Address: 1250 Fieldstone Avenue, Deltona, FL 32725 Parcel ID: 8130-55-14-0080 Property Owner: Eric Lafrinere 1250 Fieldstone Avenue Deltona, FL 32725 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.13, which states that every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. Corrective Action: Repair or replace damaged/missing windows,doors, and remove boards. Officer: Tina Pagan Special Magistrate found the Respondent in violation of the City Code as charged, that the Page 6City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Respondent correct the violation no later than 4PM May 26, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $25 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. DEL-25-030 Property Address: 962 N. Village Drive, Deltona, FL 32725 Parcel ID: 8130-11-30-0100 Property Owner: Doris Anderson P.O. Box 950983 Lake Mary, FL 32795 Violation: City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action: You must obtain a permit for (FENCE). Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all the requirements of the city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer: Josymar Jimenez Withdrawn by the City in compliance. DEL-25-031 Property Address: 1800 Saxon Boulevard, Deltona, FL 32725 Parcel ID: 8130-03-19-0230 Page 7City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Property Owner: Nu View IRA Inc. Doris Jeske FBO IRA 280 S. Ronald Regan Boulevard #200 Longwood, FL 32750 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Corrective Action: Repair, replace, or maintain in good repair any exterior surfaces (roof - Soffit in disrepair; near front door & garage area). Obtain permits if required. Officer: Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM April 25, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $25 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. DEL-25-032 Property Address: 3161 Telford Lane, Deltona, FL 32738 Parcel ID: 8130-38-33-0200 Property Owner: Jose Luis Rivera-Moreno 3161 Telford Lane Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 302.7, which states all accessory structures, including detached garages, fences and walls, shall be maintained and kept in good repair and sound structural Page 8City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final condition. Corrective Action: Repair or remove the fence. Officer: Christopher Sorrentino Withdrawn by the City in compliance. DEL-25-033 A-B-C Property Address: 1092 Deltona Boulevard, Deltona, FL 32725 Parcel ID: 8130-10-10-0300 Property Owner: Global Commercial Properties LLC 5224 W. State Road 46 Unit #152 Sanford, FL 32771-9230 Violation (A): City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action (A): You must obtain a permit for the AC change out. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Violation (B): City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, Page 9City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action (B): You must obtain a permit for replacement(sliding door rear) Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Violation (C): City of Deltona Ordinance, Section 18-3, adopting the latest edition of the Florida Building Code, Section 105.1, which states that any owner, authorized agent, who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. Corrective Action (C): You must obtain a permit electric wiring. Applications must be submitted to the City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725. The structure must meet all requirements of city ordinance and be approved on final inspection. Contact our office with the permit number when obtained. Officer: Jeff Scott Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violations no later than 4PM April 25, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $75 ($25 per violation A, B & C) will be imposed for each and every day the violations continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner was not present to testify. Page 10City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final DEL-25-035 Property Address: 2893 Monarch Avenue, Deltona, FL 32738 Parcel ID: 8130-32-97-0240 Property Owner: Kenneth Ricardo Ross JR. 2893 Monarch Avenue Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Corrective Action: Repair, replace, or maintain in good repair any exterior surfaces (roof) or remove tarps. Obtain permits if required. Officer: Bashir Tourkzi Withdrawn by the City in compliance. DEL-25-037 Property Address: 960 Shorecrest Avenue, Deltona, FL 32725 Parcel ID: 8130-11-44-0180 Property Owner: Diane Holm P.O. Box 530846 Debary, FL 32753-0846 Violation: City of Deltona Ordinance, Section 18-5, which adopting the latest edition of the International Property Maintenance Code, Section 304.7, which states the roof and flashing shall be sound tight and not have defects that admit rain. Corrective Action: Page 11City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Repair or replace the roof, gutters, or drainage. Officer: Bashir Tourkzi Continued by the City. DEL-25-038 Property Address: 1787 Dublin Road, Deltona, FL 32738 Parcel ID: 8130-45-26-0220 Property Owner: Enriqueta Ventura & Luis Avalo 1787 Dublin Road Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 18-5, adopting the latest edition of the International Property Maintenance Code, Section 304.1, which states the exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. Corrective Action: Repair, replace, or maintain in good repair any exterior surfaces (roof)/ remove Tarps. Obtain permits if required. Officer: Bashir Tourkzi Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM June 13, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $25 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Property owner Ms. Enriqueta Ventura was present to testify. DEL-25-039 Property Address: 1753 Mayhill Street, Deltona, FL 32738 Parcel ID: 8130-43-13-0130 Property Owner: Liz Johana Colon-Cruz & Eliot Ohmar Paez-Conde Page 12City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final 1753 Mayhill Street Deltona, FL 32738 Violation: City of Deltona Ordinance, Section 14-166(b) A dog is deemed dangerous if according to code enforcement/sheriff records and the definition under section 14-1; Dangerous dogs, it has; aggressively bitten, attacked or endangered, or has inflicted sever injury (any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery on any human being, or domestic animal lawfully on public or private property. If a dog is the subject of a dangerous dog investigation, the officer shall if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with an animal shelter, shall humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides will be provided to the sheriff. No dog that is the subject of a dangerous dog investigation maybe relocated or ownership transferred pending the outcome of an investigation or any hearings. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. Dangerous Dog means any dog that according to the records of appropriate authority: (1) Has aggressively bitten, attacked, or endangered or has inflicted sever injury on a human being on public or private property. (2) Has killed a domestic animal or, more than once, severely injured a domestic animal while off the owner's property. (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. Page 13City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Corrective Action: Must comply with City Ordinance pertaining to dangerous dog(s). Officer: Yvette Lamar In the matter regarding the Pit Bull dogs belonging to Eliot Ohmar Paez-Conde, the undersigned Special Magistrate, after hearing testimony presented by the City of Deltona’s Animal Services Officer and Mr. Eliot Ohmar Paez-Conde, owner of the Pit Bull dogs,and additional witnesses, upholds the City’s Initial Determination and finds that there is sufficient cause / evidence to classify the above-described dogs as dangerous. . FIRE-009-25 Property Address: 481 Deltona Boulevard, Deltona, FL 32725 Parcel ID: 8036-13-00-0010 Property Owner: OM Hospitality of Deltona LLC 481 Deltona Boulevard Deltona, FL 32725 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Prevention Code, Ch. 42-186 - Adopted Florida Fire Prevention Code 8th Edition: A: NFPA 1 Ch. 13.3.3.3 - Where automatic sprinklers are installed, ceilings necessary for the proper actuation of the fire protection device in accordance with NFPA 13 shall be maintained. B: NFPA 1 Ch. 13.3.3.2 - A sprinkler system installed in accordance with this Code shall be inspected, tested, and maintained in accordance with NFPA 25. Corrective Action: (A) Replace the damaged/missing ceiling tiles in the restaurant and kitchen area. Corrective Action: (B) Replace the missing sprinkler escutcheon plates. Page 14City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Fire Safety Inspector: Ajorie Bailey Withdrawn by the City In Compliance. FIRE-010-25 Property Address: 1307 E. Normandy Boulevard, Deltona, FL 32725 Parcel ID: 8130-05-46-0180 Property Owner: Paayjan Medical Center LLC 1965 Deerview Place Longwood, FL 32750 Violation: City of Deltona Ordinance, Chapter 42, Article IV, Fire Codes, CH.42-186 – Adopted Florida Fire Prevention Code 8th Edition, NFPA 1, Ch. 1.7.12.10 – No construction work shall proceed until the AHJ has reviewed the plans for compliance with the applicable codes and standards and the applicable permits have been issued. Corrective Action: Obtain a building permit for the removal of the interior walls, addition of the new wall and door, and the opening of the wall between both suites and the installation of double doors. Assistant Fire Marshal: Samuel Schaller Special Magistrate found the Respondent in violation of the City Code as charged, that the Respondent correct the violation no later than 4PM June 24, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Mr. Alfred J. Graham, the business owner was present to testify. FIRE-011-25 Property Address: 2820 Howland Boulevard, Deltona, FL 32738 Parcel ID: 8130-39-09-0090 Property Owner: Connie Biancardi 2820 Howland Boulevard Deltona, FL 32738 Page 15City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final Violation: City of Deltona Ordinance, Chapter 42, Article IV,Fire Codes, CH.42-186 - Adopted Florida Fire Prevention Code 8th Edition, A. NFPA 1, 11.1.2.2, Unless determined to present an imminent danger, existing electrical wiring, fixtures, appliances, and equipment shall be permitted to be maintained in accordance with the edition of NFPA 70 in effect at the time of the installation. B. NFPA 1, 11.1.2.2, Unless determined to present an imminent danger, existing electrical wiring, fixtures, appliances, and equipment shall be permitted to be maintained in accordance with the edition of NFPA 70 in effect at the time of the installation. C. NFPA 1, 11.1.2.2, Unless determined to present an imminent danger, existing electrical wiring, fixtures, appliances, and equipment shall be permitted to be maintained in accordance with the edition of NFPA 70 in effect at the time of the installation. Corrective Action: (A) Repair/replace the conduit that is not properly covering the exposed wiring for the Exterior A/C Breaker Box for Unit 1. Corrective Action: (B) Replace the missing cover on the exterior A/C Unit breaker box. Corrective Action: (C) Provide an approved cover for the exposed electrical wiring protruding from conduit beneath the front sign. Fire Safety Inspector: Lisa Nadeau Special Magistrate found the Respondent in violation of Violation A, NFPA 1, 11.1.2.2, of the City Code as charged, that the Respondent correct the violation no later than 4PM April 25, 2025, that in the event the Respondent does not comply with the Order, a fine in the amount of $50 will be imposed for each and every day the violation continues past the aforementioned date, that Respondent is further ordered to contact the Code Compliance Officer to verify compliance with this order. Violation B and C, came into compliance prior to the hearing March 26, 2025. Property owner was not present to testify. 11. OTHER AND REPEAT BUSINESS: Page 16City of Deltona Printed on 4/23/2025

March 26, 2025Special Magistrate Minutes - Final 13. ADJOURNMENT: The meeting was adjourned at 7:20 pm. ________________________ Special Magistrate Kristin Eick __________________________________ Hearing Clerk Jessica Cotterman Page 17City of Deltona Printed on 4/23/2025

Special Magistrate — Wednesday, March 26, 2025 - 2:00 PM

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