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