January 9 2023 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday January 9, 2023  
 
 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
 Frank Lewis, Lead Code Enforcement Officer

 HEARINGS
 
 

MASSEY 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.
 
 At the January 9, 2023 Special Magistrate hearing Jim Flannigan testified that the property was in compliance. 

INITIAL HEARING
 23-01
 C CUBES LANDING LLC
 3304 S HOPKINS AVENUE
 TAX PARCEL ID #21-35-15-75-8-1
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC SEC. 304.1 General Exterior Maintenance
 
 Code Manager Glenn Tolleson advised that Case 23-01 was in compliance. 
 

INITIAL HEARING
 23-02
 2300 HOLDINGS LLC
 2300 COLUMBIA BLVD, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-127.01
 CODE ENFORCEMENT OFFICER: FRANK LEWIS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 28-54; Outdoor Storage
 
 Frank Lewis, Lead Code Officer, was present and testified on behalf of the City. Code Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Lewis submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Code Officer Lewis entered a powerpoint presentation as Exhibit #4.
 
 Kenneth Jacobs, tenant occupying 2300 Columbia Boulevard and owner of Secure Fence and Rail LLC, was present and provided testimony. 
 
 Special Magistrate Nutcher found that a violation of section 28-364 existed at 2300 Columbia Boulevard. Special Magistrate Nutcher ordered that half of the materials currently stored on the property shall be removed by 12:00 pm (noon) on February 13, 2023. Special Magistrate Nutcher also ordered that the remaining materials shall be removed by 12:00 pm (noon) on April 7, 2023. If compliance is not achieved by the date or dates a fine of $100.00 per day may be imposed. 

CODE ENFORCEMENT MANAGER’S REPORT
 No report
 I. ADJOURNMENT 2:30 PM