November 14 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday November 14, 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
 Kyle Mack, Fire Inspector
 

HEARINGS

MASSEY HEARING
 
22-39
 
CLYDE BOTNER INC
 505 SHORT STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-54-8-2
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1.Section 20-58 D – Use of Trailer or Mobile Home as a dwelling/living unit prohibited
 2. Section 6-109; 2018 IPMC Section 304.1 – Exterior maintenance

At the October 10, 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 $163.75 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 
No representative for Clyde Botner Inc was present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $163.75.
 
 At the November 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 Hearing and Affidavit of Posting as Exhibit #1.
 
 No representative for Clyde Botner Inc was present. 

Special Magistrate issued an Order Imposing Fine and Lien and found that Section 20-58 D and Section 6-109; 2018 IPMC Section 304.1, remained in violation. A fine in the amount of $50.00 per day for each violation that remains in violation was imposed and commenced November 12, 2022. Respondent shall pay the City’s costs of prosecution in the amount of $163.75. 
 

MASSEY HEARING
 
22-41
 
ASP-READYCHEM LLC
 2230 ANNA DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 21-35-33-25-*-8
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris

At the October 10, 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 $181.36 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 
No representative for Clyde Botner Inc was present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $181.36.
 
 At the November 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 Hearing and Affidavit of Posting as Exhibit #1.
 
 No representative for ASP-Readychem LLC was present.

Special Magistrate issued an Order Imposing Fine and Lien and found that Section 12-23 remained in violation. A fine in the amount of $50.00 per day for each violation that remains in violation was imposed and commenced November 12, 2022. Respondent shall pay the City’s costs of prosecution in the amount of $181.63. 
 

COMPLIANCE HEARING
 
22-42
 
ACN COMPANY 
 2459 CHENEY HWY UNIT 16, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-1
 CODE ENFORCEMENT OFFICER: KYLE MACK
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 9-4 Implied Consent – Fire Inspection required Quickest Routes

At the October 10, 2022 hearing Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Fire Inspector Mack submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.
 
 
No representative for ACN Company or Quickest Routes present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11th, 2022 or a one-time fine of $50.00 will be imposed. The fine shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $128.53.
 
 At the November 12 2022 Special Magistrate hearing Kyle Mack advised Case 22-42 was in compliance. 

MASSEY HEARING
 
22-49
 
AMW BREVARD PARTNERSHIP 
 605 CHENEY HWY, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-27-AV-*-9.01
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 305.1 –Interior Maintenance
 2. Section 6-109; Sub Section 304.7 – Roof 
 3. Section 6-109; Sub Section 304.1 – Exterior Maintenance

At the October 10, 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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 
No representative from AMW Brevard Partnership was not present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $234.19.
 
 At the November 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 Hearing and Affidavit of Posting as Exhibit #1.
 
 Jeff Sultan, testifying on behalf of property owner Scott Plappinger, was present and provided testimony.
 

Special Magistrate issued an Order Tabling Compliance Hearing and Conditionally Extending Compliance Date and found that Section 6-109; 2018 IPMC section 305.1, Section 6-109; 2018 IPMC section 304.1, Section 6-109; 2018 IPMC section 304.7 remained in violation. A fine in the amount of $50.00 per day for each violation that remains in violation was imposed and will commence retroactively to November 12, 2022 if the violations are not corrected by February 12, 2023. Respondent shall pay the City’s costs of prosecution in the amount of $234.19. 
 

 

MASSEY HEARING
 
22-50
 
AMW BREVARD PARTNERSHIP 
 621 CHENEY HWY, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-27-AV-*-9.01
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 305.1 –Interior Maintenance
 2. Section 6-109; Sub Section 304.7 – Roof 
 3. Section 6-109; Sub Section 304.1 – Exterior Maintenance

At the October 10, 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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 
No representative from AMW Brevard Partnership was not present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $234.19.
 
 At the November 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 Hearing and Affidavit of Posting as Exhibit #1.
 
 Jeff Sultan, testifying on behalf of property owner Scott Plappinger, was present and provided testimony.
 

Special Magistrate issued an Order Tabling Compliance Hearing and Conditionally Extending Compliance Date and found that Section 6-109; 2018 IPMC section 305.1, Section 6-109; 2018 IPMC section 304.1, Section 6-109; 2018 IPMC section 304.7 remained in violation. A fine in the amount of $50.00 per day for each violation that remains in violation was imposed and will commence retroactively to November 12, 2022 if the violations are not corrected by February 12, 2023. Respondent shall pay the City’s costs of prosecution in the amount of $234.19. 
 

COMPLIANCE HEARING
 
22-34
 
ARC CAFÉ A001LLC 
 3323 COLUMBIA BLVD, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-46.03
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 
1. Section 6-109; Sub Section 302.3 – Driveways
 
 
Code Enforcement Manager advised that Case 22-34 was in compliance.

COMPLIANCE HEARING
 
22-35
 
E.A.P. MANAGEMENT CORP
 3343 COLUMBIA BLVD, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-29-A.2
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 
1. Section 6-109; Sub Section 302.3 – Driveways
 
 
Code Enforcement Manager advised that Case 22-35 was in compliance.

 

 

CONTINUED
 
22-51
 
MOLITOR & MOLITOR LLC
 4305 S HOPKINS AVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-22-75-50-9
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 
1. Section 6-56 – Permit Required
 

 Special Magistrate Debra Nutcher continued Case 22-51 until the December 12, 2022 hearings.

INITIAL HEARING
 
22-53
 
MELANIE C DUBLIN 
 531 ROCK PIT ROAD, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-04-08-*-2C
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 
1. Section 6-109; Sub Section 302.7 - Accessory Structures
 2. Section 6-109; Sub Section 302.4 - Overgrowth
 3. Section 6-109; Sub Section 304.1 - General Exterior Maintenance
 4. Section 6-109; Sub Section 304.7 - Roofs and Drainage

At the November 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 $216.58 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 
Melanie C Dublin, Respondent, was present and provided testimony.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before February 12th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on February 13, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $216.58.

INITIAL HEARING
 
22-54
 
ADIBA SHUJA 
 310 S DIXIE AVENUE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-04-00-3
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED


 
1. Section 6-56 – Permit Required

At the November 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 $216.58 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 
Adiba Shuja, Respondent, was not present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before December 9th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on December 10th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $216.58.

 

 

CODE ENFORCEMENT MANAGER’S REPORT
 
No report
 I. ADJOURNMENT 3:13 PM