April 11 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday April 11, 2022
 2:00 PM

 

Council Chambers

 



 CODE ENFORCEMENT SPECIAL MAGISTRATE

CALL TO ORDER                                                                                                              

The scheduled meeting of the Titusville Code Enforcement Special Magistrate was called to order at 2:00 pm in the City Hall, Council Chambers, 555 S Washington Avenue, Titusville, FL. 

 Present: 

Debra Nutcher, Special Magistrate
 Glenn Tolleson, Code Enforcement Manager
 Chelsea Farrell, Assistant City Attorney 

SWEARING IN OF WITNESSES

Jim Flannigan, Code Enforcement Officer
 Steve Adams, Building Official 
 

HEARINGS

 

MASSEY HEARING
 
22-14
ERIC HAMPTON
CATHERINE JEFFERSON
419 WAGER AVENUE, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-03-03-28-6
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED
 
 
1. Section 13-26; Overgrowth
 2. Section 13-73; Inoperable Vehicle
 3. Section 6-109; 2018 IPMC SEC 302.7 Accessory Structures – Fence
 4. Section 6-109; 2018 IPMC SEC 304.7 Roofs and Drainage
 

 
At the March 14, 2022 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Flannigan submitted a Cost Recovery Statement in the amount of $139.61 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before April 8, 2022 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on April 9, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $139.61
 
 

At the April 11, 2022 hearing Catherine Jefferson and Emmanuel Martin were present and provided testimony. 
 Magistrate Debra Nutcher continued Case 22-14 one month. 

 

MASSEY HEARING
 
22-15
 
MARY SNELLING, TEDDY SMITH, RONDA WILSON, EDWIN WISE, GWENEVERE SMITH
 
1155 SOUTH STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-04-75-*-3.05
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 
1. Section 6-109; 2018 IPMC SEC 301.3 Vacant Structure and Land
 2.
 Section 6-109; 2018 IPMC SEC 304.6 Exterior Walls
 3. Section 6-109; 2018 IPMC SEC 304.13 Windows, Skylights, Door Frames
 4. Section 6-109; 2018 IPMC SEC 304.5 Foundation Walls
 5.
 Section 6-109; 2018 IPMC SEC 30437 Roof and Drainage
6. Section 6-109; 2018 IPMC SEC 108.2 Closing Vacant Structure
 
 
At the March 14, 2022 hearing Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Flannigan submitted a Cost Recovery Statement in the amount of $210.05 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

At the March 14, 2022 hearing Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before April 8, 2022 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on April 9, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $210.05

At the April 11, 2022 hearing Special Magistrate Debra Nutcher found that the subject property remained in violation and imposed a fine in the amount of $50.00 per day, per violation, commencing April 9, 2022, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. The City’s costs of prosecution in the amount of $210.05 are assessed. 
 
 

 

 

INITIAL HEARING
 
22-19
 
CAGNY B UNDERWOOD
 
19 N DE LEON AVENUE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-34-51-1-3
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED
 

 1. Section 6-109; 2018 IPMC SEC 108.1.3 Structure Unfit for Human Occupancy
 2. Section 6-109; 2018 IPMC SEC 605.1 Electrical Equipment Installation
 3. Section 6-109; 2018 IPMC SEC 305.3 Interior Surfaces
 4.
 Section 6-109; 2018 IPMC SEC 404.4.4 Prohibited Occupancy Non-Habitable Space
 5. Section 12-23; Junk and Debris
 6.Section 13-73; Inoperative Vehicles Prohibited
 7. Section 20-58 A; Miscellaneous Parking Regulations
 8. Section 6-109; 2018 IPMC SEC 304.7; Roofs and Drainage
 

At the April 11, 2022 hearing Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Flannigan submitted a Cost Recovery Statement in the amount of $262.88 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 Building Official Steven Adams was present and testified on behalf of the City. 
 
 Cindie Underwood, sister of Cagny Underwood, was present and provided testimony on behalf of the property owner. 

At the April 11, 2022 hearing Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before June 10, 2022 or a fine of $100.00 per day, per violation will be imposed. The fines shall commence on June 11, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $262.88.

 


 
  CODE ENFORCEMENT MANAGER’S REPORT
 
No report
 

  1. ADJOURNMENT    2:26 PM