Special magistrate orders demolition for eight DeLand properties found unsafe

Special Magistrate Julie Zolte ordered the City of DeLand to proceed with demolition and to lien costs against several properties after finding they had not come into compliance with prior condemnation orders.

The hearing, convened April 24, 2025, considered eight separate condemnation cases in which city staff concluded structures remained unsafe under the City of DeLand Code of Ordinances, Chapter 25, Section 25(a)(6)(c)(3) (sanitary public nuisance). For each case the magistrate concluded the property had not been brought into compliance and entered an order authorizing the city to demolish the structure and lien the costs to the property.

Why it matters: Demolition orders transfer responsibility for removing immediate public-safety hazards from property owners to the city; costs become liens on the parcels. Several respondents told the magistrate they were pursuing permits or had contractors engaged, but magistrate Zolte said the prior orders and elapsed time meant the city may now act.

City staff presented each case with the same basic history: an order of condemnation was entered Feb. 27, 2025 (or earlier in one long-running case), the properties were given an April 20, 2025 compliance deadline, notices of hearing were mailed and posted, and follow-up checks in late April showed no demolition permits had been obtained and the structures remained unsafe. Amber Parker, City of DeLand code enforcement officer, repeatedly recommended the magistrate find the properties in violation and enter orders of demolition.

Several respondents or their representatives told the magistrate they were working with contractors, engineers or permit reviewers. Ismael, representing Bersana Group LLC at 345 East Church, said contractors had begun permitting and that a structural engineer was engaged; he said the engineer estimated four months of work would be required. Juana A. Nueci, a respondent at 708 Wood St., and other owners described multiple permit submittals, contractor changes and payments they said they had made. Levi Gomez, manager for Pamela Constructor LLC, said a renovation permit had been issued for 211 Louella Court and that subcontractors would begin work the week after the hearing and that the job would take about four months.

Magistrate Zolte repeatedly emphasized her limited role: she must determine whether a property has come into compliance with prior orders. In case after case she found the properties remained unsafe and entered demolition orders. "I'm now going to order that the city can come in and demolish it, and lien the cost against the property," Zolte said in open session. She also told respondents, "You're more than welcome to appeal my order," and said they could continue to work with city staff to try to resolve matters outside her order.

Votes at a glance

- CE25-51 (345 East Church; Parcel 700901220050). Respondent: Bersana Group LLC / owner representative Ismael. Staff recommended demolition; Special Magistrate Julie Zolte ordered the city to demolish and lien costs. Respondent said a structural engineer was retained in April and contractors estimate about four months to renovate; magistrate found property remains unsafe.

- CE20‍5‍-? (708 Wood St; Parcel 701505000350). Respondents: Juana A. Nueci and Francisco Jose Ramirez. Staff reported a repair permit applied Dec. 12, 2024, remained deficient; the magistrate ordered demolition. Respondent testified multiple permit submissions and contractor changes; magistrate found the property not in compliance.

- CE23-519 (211 Louella Ct). Respondent/owner: Pamela Constructor LLC (manager Levi Gomez). Background: long-running matter (order entered Oct. 26, 2023); city allowed one final status update. Staff said a renovation permit was issued March 5, 2025; manager said work would begin soon and take about four months. Magistrate did not enter a new demolition at the hearing but issued a status/order that prior orders remain and emphasized the demolition order remains effective if progress is not made.

- CE20‍5‍-25 (1367 Hensley Dr; Parcel 7930400). Respondents: August Termincus and Mary Jane Termincus. Staff reported someone planning to take ownership; no permit had been issued and building official had posted a stop-work order. Magistrate ordered the city to demolish and lien costs.

- CE25-5050 (212 S. Boston Ave; Parcel 70001615110). Respondent: Martha C. Cook Estates. No contact from owners/bank; staff recommended demolition and magistrate ordered demolition and lien.

- CE25-52 (239 S. Pine St; Parcel 7015060000410). Respondent: Gorilla Capital Bridal JKR LLC. Staff said a demolition permit was in review pending Historic Preservation Board action; magistrate found the structure remains unsafe and entered an order allowing city demolition and lien if the permit is not approved promptly.

- CE20‍5‍-66 (1309 S. Boston Ave; Parcel 701501020280). Respondent: XC Home Improvements LLC. Staff said an engineered report had been approved but required documents were missing from a permit application; magistrate ordered demolition and lien.

- CE25-0067 (219 W. New St; Parcel 701620020110). Respondent: Louise Williams Estate. Owner deceased and property in probate; no one present; magistrate found notice proper and ordered demolition and lien.

Details and context

- Legal basis: Each staff presentation cited the City of DeLand Code of Ordinances, Chapter 25, Section 25(a)(6)(c)(3) (sanitary public nuisance). The magistrate reminded parties that appeals require obtaining the record under Florida Statute Section 286.0105.

- Permit status: Multiple respondents described active permit processes (engineer or contractor engagement, plan revisions, fee invoices). City staff repeatedly reported permits were either not issued, deficient, or awaiting additional approvals such as Historic Preservation Board review. One respondent said contractors had canceled and later re-engaged.

- Fines and prior enforcement: For some properties staff said fines from earlier code-enforcement proceedings had run and reached a city cap (staff cited a $25,000 cap in at least two cases). One long-running case (211 Louella Court) dates back to 2023 and the new owner reported recent permit activity.

Magistrate Zolte closed each case after issuing orders or confirming the existing demolition orders remained effective. She instructed respondents they may appeal her orders or continue to work with city staff to resolve outstanding permitting matters; she said, however, that the city may proceed with demolition and lien costs where compliance has not occurred.

Ending

The hearing concluded after staff presented the listed cases; the magistrate entered orders (or confirmed existing orders) in each matter and closed the docket for the day. Respondents who wish to contest the orders were told they may appeal and that appeal procedures require securing the hearing record under Florida Statute Section 286.0105.