- Code Enforcement Special Magistrate Meeting
- February 13 2023 Special Magistrate Hearing Minutes
February 13 2023 Special Magistrate Hearing Minutes
CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday February 13, 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
Mae Wright, Code Enforcement Officer
Jim Flannigan, Code Enforcement Officer
Frank Lewis, Lead Code Enforcement Officer
HEARINGS
INITIAL HEARING
23-07
JERRY R ROBBINS
1660 YORKTOWN AVENUE, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-30-10-9-1
CODE ENFORCEMENT OFFICER: FRANK LEWIS
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-56 – Permit Required
At the February 13, 2022 hearing Special Magistrate hearing Frank Lewis, 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 $110.92 as Exhibit # 3. Code Officer Lewis entered a powerpoint presentation as Exhibit #4.
Jerry Robbins and Joan Robbins, property owners were present and provided testimony.
Special Magistrate Nutcher ordered that the respondent correct the violations on or before April 3, 2023 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on April 4, 2023 if the violations are not corrected. Special Magistrate Nutcher reserved costs in the amount of $110.92.
INITIAL HEARING
23-10
BRIAN KENNETH DAVIS
302 WILLOW STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-22-76-71-16
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-109; Sub Section 302.7 - Accessory Structures
2. Section 6-109; Sub Section 303.1 – Swimming Pool
3. Section 6-109; Sub Section 303.2 – Swimming Pool - Enclosures
4. Section 12-23 – Junk and Debris
At the February 13, 2023 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 $216.58 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
Brian Kenneth Davis, property owner, was present and provided testimony.
Special Magistrate Nutcher ordered that the respondent immediately correct the violation of Section 6-109; 2018 IPMC Sec 303.2 and secure the gate so that it is self-latching and self-closing to provide a secure barrier around the pool by 12:00 pm (noon) on February 17, 2023. If the violation of Sec 303.2 is not corrected a fine in the amount of $250.00 per day will be imposed.
In addition, Special Magistrate ordered that the respondent correct the four remaining violations by 12:00 pm (noon on March 10, 2023 or a fine in the amount of $50.00 per day per violation will be imposed beginning March 11, 2023. Special Magistrate Nutcher imposed costs in the amount of $216.58.
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 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.
Special Magistrate Nutcher issued an order imposing fine and lien as the property was still in violation. Fines in the amount of $50.00 per day per violation are imposed and are retroactive to November 12, 2022. As was previously determined, costs are assessed 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 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.
Special Magistrate Nutcher issued an order imposing fine and lien as the property was still in violation. Fines in the amount of $50.00 per day per violation are imposed and are retroactive to November 12, 2022. As was previously determined, costs are assessed in the amount of $234.19.
MASSEY 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.
At the December 12, 2023 hearings Special Magistrate Debra Nutcher ordered that the respondent correct cited code violations by 12:00 pm (noon) on January 31, 2023. If the violation is not corrected a fine in the amount of $50.00 per day, commencing February 1, 2023 shall be imposed.
Special Magistrate Nutcher issued an order imposing fine and lien as the property was still in violation. Fines in the amount of $50.00 per day per violation are imposed to commence February 1, 2023. As was previously determined, costs are assessed in the amount of $234.19.
MASSEY HEARING CLOSED 1/24/2023
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 reserved costs in the amount of $216.58.
Code Officer Flannigan testified that the subject property for Case 22-53 had been sold and the new owner was working on rehabilitation of the property.
Special Magistrate Nutcher issued an order finding that the case was closed.
CODE ENFORCEMENT MANAGER’S REPORT
No report
I. ADJOURNMENT 3:00 PM