April 10 2023 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday April 10, 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, Code Enforcement Officer

 HEARINGS
 
 MASSEY HEARING                                                                               COMPLIANCE 3/14/2023
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.
 
 Code Manager Glenn Tolleson advised that the respondents in Case 23-07 achieved compliance on March 14, 2022.

MASSEY HEARING
 23-14
 NEW BEGINNINGS OF BREVARD LLC 
 2635 SLASH PINE COURT, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-01-3-4
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED
 
1. Section 6-56 – Permit Required

At the March 13, 2023 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 $198.97 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 No representative for New Beginnings of Brevard, LLC, Respondent, was present.
 
 At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 6-56 – permit required by 12:00 pm (noon) April 7, 2023 or a fine will be imposed in the amount of $250.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $198.97.
 
 At the April 10, 2023 hearing, Mae Wright testified that the property remained in violation of section 6-56, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1. 

Darlene Tindale was present and provided testimony.

Special Magistrate Nutcher imposed a fine in the amount of $250.00 per day to commence April 8, 2023 and continuing until the violation is corrected to the written satisfaction of the Code Enforcement Officer. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $198.97.

INITIAL HEARING
 23-18
 TPK INVESTMENTS LLC 
 2671 SUSSANNA LANE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-05-*-3
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 30-83 – Prohibition: Clearing, Storage of Materials and Equipment
 2. Section 34-10 – Site Permit Required – Site Development

At the April 10, 2023 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 $163.75 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Darlene Tindale was present and provided testimony.
 
 At the April 10, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 30-83 – Prohibition: Clearing, Storage of Materials and Equipment, and Section 34-10 – permit required – site development, by 12:00 pm (noon) June 9, 2023 or a fine will be imposed in the amount of $100.00 per day per violation will be imposed June 10, 2023. The City’s costs of prosecution are imposed in the amount of $163.75.

MASSEY 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
 
 At the January 9, 2023 hearings 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. 
 
 At the January 9, 2023 hearings 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.
 
 At the April 10, 2023 hearing, Frank Lewis testified that the property remained in violation of section 28-54; Outdoor Storage, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1. 

Kenneth Jacobs, tenant occupying 2300 Columbia Blvd and owner of Secure Fence and Rail LLC, was present and provided testimony.

Special Magistrate Nutcher imposed a fine in the amount of $100.00 per day to commence April 8, 2023 and continuing until the violation is corrected to the written satisfaction of the Code Enforcement Officer. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $128.53.

INITIAL HEARING
 23-20
 DANIELLE S COLE 
 900 CYNTHIA DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-27-52-26-15
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 1. Section 6-56 – Permit Required – Accessory Structure
 2. Section 6-109; 2018 IPMC Section 302.4 – Overgrowth Weeds

At the April 10, 2023 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.

Danielle Cole, respondent, was present and provided testimony.
 
 
 At the April 10, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 6-56 – Permit Required,  by 12:00 pm (noon) May 5, 2023 or a fine will be imposed in the amount of $50.00 per day per violation will be imposed May 6, 2023. The City’s costs of prosecution are reserved in the amount of $234.19.

 MASSEY HEARING
 23-13
 HILLCREST 795 LAND TRUST
 795 HILLCREST LAND TRUST, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-05-75-10-7
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 – Permit Required

At the March 13, 2023 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 $234.19 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 No representative for Hillcrest 795 Land Trust, Respondent, was present. 
 
 At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 6-56 – permit required by 12:00 pm (noon) April 7, 2023 or a fine will be 

imposed in the amount of $50.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $234.19. 

At the April 10, 2023 hearing, Jim Flannigan testified that the property remained in violation of section 6-56, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1. 

No respondent was present to provide testimony.

Special Magistrate Nutcher imposed a fine in the amount of $50.00 per day to commence April 8, 2023 and continuing until the violation is corrected to the written satisfaction of the Code Enforcement Officer. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $234.19.

MASSEY HEARING
 23-15
 C CUBES STRIP LLC
 5155 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-26-BF-*-29
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 30-214 – Stormwater Management Enforcement and Penalties
 
 At the March 13, 2023 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 $198.97 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

 No representative for C Cubes Strip LLC, Respondent, was present at the hearing.
 
 At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 30-214 – Stormwater Management Enforcement and Penalties by 12:00 pm (noon) April 7, 2023 or a fine will be imposed in the amount of $50.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $198.97.

At the April 10, 2023 hearing, Mae Wright testified that the property remained in violation of section 6-56, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1. 

No respondent was present to provide testimony.

Special Magistrate Nutcher imposed a fine in the amount of $50.00 per day to commence April 8, 2023 and continuing until the violation is corrected to the written satisfaction of the Code Enforcement Officer. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $198.97.

MASSEY HEARING
 23-17
 DG/7 ELEVEN HOLDINGS LLC
 1555 CHENEY HIGHWAY, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-28-01-1-1
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 30-305 A – Continuing Landscape Maintenance Required

At the March 13, 2023 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.
 
 No representative for DG/7 Eleven Holdings LLC, Respondent, was present at the hearing.
 
 At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 30-305 A Continuing Landscape Maintenance Required by 12:00 pm (noon) April 7, 2023 or a fine will be imposed in the amount of $50.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $181.36.
 
 At the April 10, 2023 hearing, Mae Wright testified that the property remained in violation of section 6-56, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1. 

No respondent was present to provide testimony.

Special Magistrate Nutcher imposed a fine in the amount of $50.00 per day to commence April 8, 2023 and continuing until the violation is corrected to the written satisfaction of the Code Enforcement Officer. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $181.36.

INITIAL HEARING
 23-21
 APATHEIA VENTURES LLC / KOVAM LLC 
 4456 ELLIS CIRCLE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-22-76-74-14
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 1. Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls
 2. Section 6-109; 2018 IPMC Section 304.10 – Stairways, Decks, Porches, Balconies
 3. Section 6-109; 2018 IPMC Section 304.13 – Window, Skylights, Door Frames
 4. Section 6-109; 2018 IPMC Section 605.1 – Electrical Equipment Installation
 5. Section 13-28 – Dead Tree

At the April 10, 2023 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. Officer Wright entered an additional Notice of Violation and Affidavit of Posting as Exhibit #2. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #3. Code Officer Wright submitted a Cost Recovery Statement in the amount of $181.36 as Exhibit # 4. Code Officer Wright entered a powerpoint presentation as Exhibit #5.
 
 No representative for Apatheia Ventures LLC/ Kovam LLC, Respondent, was present at the hearing.
 
At the April 10, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls, Section 6-109; 2018 IPMC Section 304.10 – Stairways, Decks, Porches, Balconies, Section 6-109; 2018 IPMC Section 304.13 – Window, Skylights, Door Frames, Section 6-109; 2018 IPMC Section 605.1 – Electrical Equipment Installation, and Section 13-28 – Dead Tree, by 12:00 pm (noon) May 5, 2023 or a fine will be imposed in the amount of $100.00 per day per violation will be imposed May 6, 2023. The City’s costs of prosecution are imposed in the amount of $146.14.

CODE ENFORCEMENT MANAGER’S REPORT
 No report
 I. ADJOURNMENT 3:21PM