December 12 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday December 12, 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
 Mae Wright, Code Enforcement Officer


 HEARINGS
 
MASSEY HEARING
 22-37
 
MICHAEL PAYNE
 5848 CHESHIRE DR, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-34-30-*-44
 CODE ENFORCEMENT OFFICER: Mae Wright
 NOTICE OF HEARING: CERTIFED AND POSTED
 

1. Section 30-305 A – Landscaping 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 $181.36 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 
Michael Payne was present and provided testimony. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before December 5th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on December 6th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $181.36


 
At the December 12, 2022 hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Hearing and Affidavit of Posting as Exhibit #1. Code Officer Wright testified that the violation of Section 30-305 A; Landscaping Maintenance, remained in violation. 
 
 Michael Payne was present and provided testimony. 
 
 Special Magistrate Nutcher issued an Order imposing fine and lien and imposed a fine in the amount of $50.00 per day, commencing December 6, 2022, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. Special Magistrate Nutcher also ordered that the Respondent pay the City’s costs of prosecution in the amount of $181.36. 
 

INITIAL HEARING
 
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
 

 At the November 14, 2022 hearings Special Magistrate Debra Nutcher continued Case 22-51 until the December 12, 2022 hearings.
 
 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.
 
 Steven Broadie, tenant, was present and provided testimony.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before January 31, 2023 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on February 1, 2023 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $234.19.

 

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.
 
 At the November 14, 2022 hearing 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.


 
At the December 12, 2022 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. Code Officer Flannigan testified that the violation of Section 6-56; Permit Required, remained in violation.
 
 Adiba Shuja, Respondent, was not present. 
 
 Special Magistrate Nutcher issued an Order imposing fine and lien and imposed a fine in the amount of $50.00 per day, commencing December 10, 2022, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. Special Magistrate Nutcher also ordered that the Respondent pay the City’s costs of prosecution in the amount of $216.58.
 
INITIAL HEARING
22-56
 
ANDREW L POLK
 AMANDA E POLK 
 1669 SARATOGA DRIVE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-30-11-11-16
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED


 
1. Section 12-23 Junk and Debris
 2. Section 6-109; 2018 IPMC SEC. 302.7 –Accessory Structures

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 $234.19 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 
Andrew L Polk, Respondent, was present, but did not provide testimony. 

Special Magistrate Nutcher ordered that the respondent correct the violations on or before January 6, 2023 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on January 7, 2023 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $234.19.
 

 

CODE ENFORCEMENT MANAGER’S REPORT
 
No report
 I. ADJOURNMENT 2:51 PM