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
 

  1. ADJOURNMENT    3:48 PM