- Code Enforcement Special Magistrate Meeting
- June 13 2022 Special Magistrate Hearing Minutes
June 13 2022 Special Magistrate Hearing Minutes
CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday June 13, 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
Richard Broome, City Attorney
SWEARING IN OF WITNESSES
Jim Flannigan, Code Enforcement Officer
Mae Wright, Code Enforcement Officer
HEARINGS
COMPLIANCE
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 13-73; Inoperable Vehicle
2. Section 6-109; 2018 IPMC SEC 302.7 Accessory Structures – Fence
3. 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.
At the May 9, 2022 hearing Brian Hampton, tenant, was present and testified that he is working toward compliance.
Magistrate Debra Nutcher continued Case 22-14 one month.
At the June 13, 2022 hearing Code Manager Tolleson advised that Case 22-14 was in compliance.
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 12-23; Junk and Debris\
5. 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.
Special Magistrate Debra Nutcher continued Case 22-19 until the July 11, 2022 hearing.
COMPLIANCE
22-23
PHILIP J MCNALLY
KRISTEN MCNALLY
3000 MULBERRY DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-25-12-1
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; 2018 IPMC SEC 302.7 Accessory Structures – Fence
At the May 9, 2022 Special Magistrate hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Wright submitted a Cost Recovery Statement in
the amount of $192.44 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
Philip McNally and Kristen McNally were present and provided testimony.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before June 10, 2022 or a fine of $25.00 per day, per violation will be imposed. The fines shall commence on June 11, 2022 if the violations are not corrected. Special Magistrate Nutcher reserved the City’s costs of prosecution in the amount of $139.61
At the June 13, 2022 hearing Code Manager Tolleson advised that Case 22-14 was in compliance.
INITIAL HEARING
22-27
EDUARDO A RABEL
TAX ID 2322889, TITUSVILLE, FL 32780
TAX PARCEL ID # 23-35-01-25-E
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 30-83; Prohibition on Alteration of Natural Topography
2. Section 13-28; Dead Trees
At the June 13, 2022 hearing Special Magistrate hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Wright submitted a Cost Recovery Statement in the amount of $157.22 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
Rodney Honeycut was present and provided testimony. Mr. Honeycut also read a letter from Eduardo A Rabel into the record.
Special Magistrate Nutcher ordered that the respondent correct the violations on or before September 9, 2022 or a fine of $100.00 per day per violation will be imposed. The fines shall commence on September 10, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed costs in the amount of $139.61.
INITIAL HEARING
22-30
JOHN & JEAN E BARRETT REVOCABLE TRUST
1307 PALMETTO STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-04-01-59-2
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; 2018 IPMC SEC. 605.2 – Electrical Equipment Receptacles
2. Section 6-109; 2018 IPMC SEC. 605.4 - Electrical Equipment Wiring
3. Section 6-109; 2018 IPMC SEC. 304.13.2 – Openable Windows
4. Section 6-109; 2018 IPMC SEC. 304.14 – Insect Screens
5. Section. 6-109; 2018 IPMC SEC. 302.3 – Sidewalks and Driveways
6. Section 6-109; 2018 IPMC SEC. 502.1 – Required Facilities
7. Section 6-109; 2018 IPMC SEC. 304.13 – Windows/Skylights/Door Frames
At the June 13, 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 $192.44 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
John Barrett, Respondent, was present and provided testimony. Mr. Barrett submitted three affidavits as composite Exhibit #4.
Anthony Viscuglia, tenant, was present and provided testimony.
Special Magistrate Nutcher ordered that the respondent correct the violations on or before August 5th, 2022 or a fine of $100.00 per day per violation will be imposed. The fines shall commence on August 6th, 2022 if the violations are not corrected. Special Magistrate Nutcher reserved costs in the amount of $192.44.
MASSEY HEARING
22-24
AMBER AUBURN
4505 BARNA AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-50-*-1
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 12-23; Junk and Debris
2. Section 13-28; Violations
At the May 9, 2022 Special Magistrate hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Wright submitted a Cost Recovery Statement in the amount of $157.22 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
Amber Auburn was not present.
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 $157.22.
At the June 13, 2022 hearing Special Magistrate Nutcher imposed a fine in the amount of $100 for the violation of Section 12-23; to commence June 11, 2022 and continuing daily until the violation is corrected to the written satisfaction of the Code Enforcement Officer. In addition to the fine, Special Magistrate Nutcher ordered that the Respondent pay the City’s costs of prosecution in the amount of $157.22.
INITIAL HEARING
22-25
UZAIR SHUJA
760 LUCKY STREET A, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-03-54-4-7
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; 2018 IPMC SEC 308.1 Accumulation of rubbish or garbage
2.Section 6-109; 2018 IPMC SEC 605.2 Electrical Equipment Receptacles
3.Section 6-109; 2018 IPMC SEC 504.1 Plumbing Fixtures Shall be Properly Installed and Maintained
4.Section 6-109; 2018 IPMC SEC 504.3 Plumbing System Hazards
5.Section 6-109; 2018 IPMC SEC 304.7 Roofs and Drainage
6.Section 6-109; 2018 IPMC SEC 304.10 Stairways, Decks, Porches and Balconies
7.Section 6-109; 2018 IPMC SEC 302.3 Sidewalks, Walkways, Stairs, Driveways, Parking Spaces
8.Section 6-109; 2018 IPMC SEC 302.1 Exterior Sanitation
9.Section 6-109; 2018 IPMC SEC 302.7 Accessory Structures – Fence
Case 22-25 was continued until the June 13, 2022 hearing.
At the June 13, 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 $174.83 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
Special Magistrate Nutcher ordered that the respondent correct the violations on or before July 8, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on July 9th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $174.83.
CODE ENFORCEMENT MANAGER’S REPORT
No report
- ADJOURNMENT 3:48 PM