May 8 2023 Special Magistrate Hearing Minutes

CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796

MEETING MINUTES

Monday May 8, 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
Ken Hutchings, Code Enforcement Officer
Frank Lewis, Code Enforcement Officer

INITIAL HEARING
23-24
SILVERBREEZE MHP LLC/ PARAKEET MHC
925 CHENEY HWY, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-27-BC-4-31
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 16-15 – Depositing trash on streets or in gutters or in stormwater system (petroleum products, including but not limited to oil, gasoline, and grease.)

Special Magistrate Nutcher found that the Respondent violated section 16-15 of the City Code, which is an irreparable and irreversible violation. A fine in the amount of $500.00 was imposed. In addition, Respondent shall provide a landscape plan to the City to show how the affected area will be restored. The City’s costs of prosecution were imposed in the amount of $110.92.

MASSEY HEARING
23-04
MICHAEL V SYMON
1590 THOMAS STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-91-*-19
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 304.2 – Protective Treatment - Paint
3. Section 6-109; Sub Section 304.3 – Premises Identification
4. Section 6-109; Sub Section 304.6 – Exterior Walls
5. Section 12-23 – Junk and Debris

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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Michael V Symon, Respondent, was not present at the hearing.

At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 302.7 – Accessory Structures (shed/fence) 2) Section 6-109; 2018 IPMC Section 304.2 – Protective Treatment (paint) 3) Section 6-109; 2018 IPMC Section 304.3 – Premises Identification 4) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls 5) Section 12-23 Junk and Debris; by 12:00 pm (noon) on May 5, 2023. If the violations are not corrected on May 5, 2023 a fine in the amount of $25.00 per violation (5 violations) commencing May 6, 2023, and continuing daily until the violations are corrected, may be imposed. The City’s costs of prosecution are imposed in the amount of $234.19.

At the May 8, 2023 hearing, Mae Wright testified that the property remained in violation of section 1) Section 6-109; 2018 IPMC Section 302.7 – Accessory Structures (shed/fence) 2) Section 6-109; 2018 IPMC Section 304.2 – Protective Treatment (paint) 3) Section 6-109; 2018 IPMC Section 304.3 – Premises Identification 4) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls 5) Section 12-23 Junk and Debris, 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 $25.00 per day per violation to commence May 6, 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 $216.58

MASSEY HEARING
23-12
C CUBES LANDING LLC
TAX ID 2206808, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-11-*-1.08
CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 302.4 – Overgrowth
2. Section 6-109; Sub Section 304.1 – General Exterior Maintenance
3. Section 6-109; Sub Section 304.6 – Exterior Walls
4. Section 6-109; Sub Section 305.2 – Structural Members
5. Section 12-23 – Junk and Debris
6. Section 28-151 – Outdoor Storage

At the March 13, 2023 Special Magistrate hearing Ken Hutchings, Code Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Hutchings submitted a Cost Recovery Statement in the amount of $165.75 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

No representative for C Cubes Landing LLC, Respondent, was present at the hearing.

At the March 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 302.4 – Overgrowth; 2) Section 6-109; 2018 IPMC Section 304.1 – Exterior Maintenance; 3) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls; 4) Section 6-109; 2018 IPMC Section 305.1 – Structural Members; 5) Section 12-23 Junk and Debris; 6) Section 28-151 – Outdoor Storage; by 12:00 pm (noon) on May 5 2023. If the violations are not in compliance by May 5, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, commencing May 6, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $165.75.

At the May 8, 2023 hearing, Ken Hutchings testified that the property remained in violation of section of 1) Section 6-109; 2018 IPMC Section 302.4 – Overgrowth; 2) Section 6-109; 2018 IPMC Section 304.1 – Exterior Maintenance; 3) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls; 4) Section 6-109; 2018 IPMC Section 305.1 – Structural Members; 5) Section 12-23 Junk and Debris; 6) Section 28-151 – Outdoor Storage, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1.

No respondent was present to provide testimony.

MASSEY HEARING
23-16
DIANE A WALSH
GREGORY S DELFINO
1630 CHAUCER ROAD, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-75-*-33
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 304.6 – Exterior Walls
2. Section 6-109; Sub Section 304.7 – Roofs and Drainage
3. Section 6-109; Sub Section 304.13 – Windows, Skylights, Door Frames
4. Section 6-109; Sub Section 505.1 – Running Water
5. Section 12-23 – Junk and Debris

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 $216.58 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Diane A Walsh and Gregory S Delfino, Respondents, were not present at the hearing.

At the March 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls; 2) Section 6-109; 2018 IPMC Section 304.7 – Roofs and Drainage; 3) Section 6-109; 2018 IPMC Section 304.13 – Windows, Skylights, Door Frames; 4) Section 6-109; 2018 IPMC Section 505.1 – Running Water; by 12:00 pm (noon) on May 5, 2023. If the violations are not in compliance by May 5, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, commencing May 6, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $216.58.

At the May 8, 2023 hearing, Mae Wright testified that the property remained in violation of section 1) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls; 2) Section 6-109; 2018 IPMC Section 304.7 – Roofs and Drainage; 3) Section 6-109; 2018 IPMC Section 304.13 – Windows, Skylights, Door Frames; 4) Section 6-109; 2018 IPMC Section 505.1 – Running Water, and submitted an Affidavit of mailing/posting and Notice of Hearing as Exhibit 1.

No respondent was present to provide testimony.

COMPLIANCE HEARING
23-20
DANIELLE S COLE COMPLIANCE 4/25/2023
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 will be imposed May 6, 2023. The City’s costs of prosecution are reserved in the amount of $234.19.

Code Manager Tolleson advised that Case 23-20 was in compliance.

MASSEY 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.

At the May 8, 2023 hearing Sheri Gotschall was present and provided testimony on behalf of the property owners, George and Desiree Lusko.

Special Magistrate Nutcher issued an order finding compliance.

INITIAL HEARING
23-26
DOROTHY JEAN WEST
1035 LUNDY DR, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-32-32-*-10
CODE ENFORCEMENT OFFICER: FRANK LEWIS
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
2. Section 13-73 – Inoperative Vehicles Prohibited

At the May 8, 2023 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 $163.75 as Exhibit # 3. Code Officer Lewis entered a powerpoint presentation as Exhibit #4.

Dorothy West, Respondent, and Blake Johnson, son of Respondent, were present at the hearing and provided testimony.

At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 13-73 – Inoperative Vehicle; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $150.00 per day, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $163.75

INITIAL HEARING
23-27
TREVIS WILLIAMS
COREY HARKNESS
1620 CRAIG AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-09-05-*-67
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
2. Section 6-56 (A) – Building Permit Required

At the May 8, 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 $163.75 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

Respondents were not present at the hearing.

At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 6-56 (A) Building Permit Required; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $181.36.

INITIAL HEARING
23-28
APM PROPERTIES INC
TAX ID 2201571 (PREVIOUSLY ADRESSED 1200 SOUTH STREET), TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-04-01-58-1
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
2. Section 12-26 - Camping

At the May 8, 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 $163.75 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

Jimmy Torres was present and provided testimony on behalf of APM Properties Inc.

At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 12-26 - Camping; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are reserved in the amount of $181.36.

INITIAL HEARING
23-29
SHIRLEY M MURRAY
JACOB J MURRAY
920 KENILWORTH COURT
TAX PARCEL ID # 22-35-10-31-2-6
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED

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

At the May 8, 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 $181.36 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

There was no Respondent present.

At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 6-109; 2018 IPMC Section 302.7; Accessory Structures – Fence; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $181.36.

INITIAL HEARING
23-30
TINA RUZZO
945 PALERMO ROAD
TAX PARCEL ID # 22-35-27-30-19-5
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 – Permit Required

At the May 8, 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.

Tina Ruzzo, Respondent, was not present.

At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-56; Permit Required; by 12:00 pm (noon) on July 7, 2023. If the violations are not in compliance by July 8, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing July 8, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $198.97.

INITIAL HEARING
23-31
TINA RUZZO
865 GLENDA DRIVE
TAX PARCEL ID # 22-35-27-50-14-7
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 – Permit Required

Code Manager Tolleson advised that Case 23-31 was in compliance.

INITIAL HEARING
23-32
TINA RUZZO
940 MARGIE DRIVE
TAX PARCEL ID # 22-35-27-51-15-16
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 – Permit Required

CODE ENFORCEMENT MANAGER’S REPORT
No report
I. ADJOURNMENT 3:38 PM

May 8 2023 Special Magistrate Hearing Minutes

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