To provide our citizens with the highest quality of service and to uphold and enforce Codes and Standards established to protect the Public Health, Safety and Welfare of all residents, business owners and visitors based upon priorities which are consistent with established standards. Courtesy and professionalism will serve as guiding principles which will permeate the character of the Code Enforcement office, thereby ensuring that our determination to deter blight within the City is tempered with sensitivity and compassion.
Code Compliance Procedures and Methods
Procedures
Once a complaint is received alleging a violation a case is opened and assigned, Chapter 162 of the Florida Statutes states that an officer must have reasonable cause to believe that a person has committed a civil infraction in violation of a code of ordinance, and that reasonable cause must be due to the officer’s personal investigation. The officer assigned to the case must, through his or her own personal investigation, first verify that a violation exists at the property.
If the officer is unable to verify a violation exists, the case is closed as unfounded.
After verifying that a violation does exist, the officer must make the determination as to how best to bring the property into compliance with the Ordinance.
Keep in mind the City’s desire to obtain voluntary compliance via education if at all possible. Each violation must be looked at on a case-by-case basis to determine which avenue would be the best to gain voluntary compliance in the least amount of time.
Since voluntary compliance is not always possible, each case must be worked with the understanding that it may end up in front of the City’s Special Magistrate.
Methods
If after notifying the person in charge of the property that there is a violation on the property, how to correct the violation and is given a reasonable amount of time to make the corrections.
Special Magistrate:
Special Magistrate is a quasi-judicial body whose creation is enabled by Chapter 162, Florida Statutes, which was enacted into law by the Florida Legislature in 1980.
The Special Magistrate hears the facts and determines under the law whether or not the alleged violator committed the alleged violation.
The City of Deland Special Magistrate is an attorney under contract with the City and is authorized to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force within the city. The maximum fine the Special Magistrate can apply is $250.00 per day and $500.00 per day for a repeat violation.
A repeat violation is the same violator, the same violation. Not necessarily the same address.
If you have fines on a property and want to request a reduction in those fines, please fill out the Fine Reduction Request Form and submit it to our office.
Duties & Responsibilities
Code Enforcement Officers (CEO) are also employed by the Building Division. The officer enforces a broad range of land use ordinances to assure that a healthy, safe and attractive environment is maintained for DeLand's residents. Code enforcement services are provided in response to citizen complaints, but work efforts also include proactive enforcement and educational components designed to promote compliance with adopted regulations.
FAQ's
Question
Answer
My neighbors haven't mowed the grass in weeks and it is very overgrown. Can anything be done about this?
Yes, City ordinances state grass and weeds over 12 inches high are declared to be a nuisance and must be cut. Code Compliance will post the property in violation and send the owner the same notice. Right of ways abutting properties must be maintained to same standards.
How does Code Compliance process my complaint?
A detailed explanation can be found on our Code Compliance Procedures and Methods page.
My neighbor has a huge tree that looks like it is going to fall on my property. Can you tell them to remove it?
The City of Deland views trees that are either shared by neighbors or that appear to be an issue as a civil matter between both residences. We recommend that you send them a certified letter, asking for them to tend to the tree in question through the United States Postal Service. This will ensure you will have confirmation of the letter reaching the owner. You can locate their mailing address through the Volusia County Property Appraiser's website or by calling them at (386) 736-5901. We also suggest you keep a copy of the letter you send to them for your records.
What does improper parking mean?
Improper parking is when the vehicle is not parked in an approved driveway, approved driveway expansion, and/or the side of the home behind the front face of the home or the rear of the home. If planning to permanently park on the side of your driveway you are going to want to look into how to put in an approved driveway expansion.
Who’s responsible if trash is dumped on my property?
The property owner is responsible for removal of any trash left on their property vacant or occupied.
My neighbors installing a fence and it is encroaching on my property.
If they don’t have a permit the City can cite them for work without a permit. If they have a permit it becomes a property line dispute that would be handled as a civil matter.
The septic tank in my backyard keeps overflowing, who do I call?
The Florida Department of Health at (386)822-6250, if you are a tenant contact your landlord.
I’m getting evicted, what do I do?
The United Way is a community resource that can be reached by dialing 2-1-1 or (386)253-0564 The Neighborhood Center of West Volusia (386)734-8120, located at 434 S. Woodland Blvd, DeLand, FL 32720.