July 11 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday July 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
 Richard Broome, City Attorney 

SWEARING IN OF WITNESSES

Jim Flannigan, Code Enforcement Officer
 
 

HEARINGS

MASSEY 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.
 
 At the July 11, 2022 Code Officer Flannigan provided testimony and submitted Code Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #1. 
 
 Cagny B Underwood was not present at the hearing.
 
Special Magistrate Debra Nutcher found that the respondent did not correct the violations on or before June 10, 2022 and a fine of $100.00 per day, per violation was imposed for the following code sections 1) Sec 6-109; Property Maintenance Sub Section 108.1.3 – Structure Unfit for Human Occupancy, 2) Sec 6-109; Property Maintenance Sub Section 605.1 – Electrical Equipment Installation 3) Sec 6-109; Property Maintenance Sub Section 305.3 – Interior Surfaces 40 Sec 6-109; Property Maintenance Sub Section 304.7 Roofs and Drainage. The fines shall commence on June 11, 2022. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $262.88.
 

COMPLIANCE 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. 
 
 
At the July 11, 2022 Code Officer Flannigan testified that the property owner had achieved compliance. 
 
 Special Magistrate Nutcher issued an order finding compliance and assessing costs in the amount of $174.83.
 
CONTINUED

22-31
 
M&N UNITED LLC
 4105 HOOD AVENUE, TITUSVILLE, FL 32780 
 TAX PARCEL ID # 22-35-21-06-3-6
 CODE ENFORCEMENT OFFICER: Mae Wright 
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-56; Permit Required

Special Magistrate Nutcher continued Case 22-31 until the August 8, 2022 hearing date. 



  CODE ENFORCEMENT MANAGER’S REPORT
 
No report
 

  1. ADJOURNMENT    2:09 PM