- Code Enforcement Special Magistrate Meeting
- July 10 2023 Special Magistrate Minutes
July 10 2023 Special Magistrate Minutes
MEETING MINUTES
Monday July 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
Mae Wright, Code Enforcement Officer
Jim Flannigan, Code Enforcement Officer
Ken Hutchings, Code Enforcement Officer
SWEARING IN OF WITNESSES
INITIAL HEARING
23-33
R W KIRK FAMILY LIMITED PARTNERSHIP
4710 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-26-BF-*-8
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-109; 2018 IPMC SEC. 304.6 Exterior Walls
2. Section 6-109; 2018 IPMC SEC. 304.7 Roof and Drainage
At the July 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.
Attorney Bill Gaulden represented R W Kirk Family Limited Partnership and advised Special Magistrate Nutcher on the current status of the property.
Jessie Kirk, testified on behalf of R W Kirk Family Limited Partnership in reference to the status of the property.
Special Magistrate Nutcher issued a findings of fact, conclusions of law and order, finding a violation of Section 6-109; 2018 IPMC Section 304.6- Exterior Walls and Section 6-109; 2018 IPMC Section 304.7-Roofs and Drainage. Respondent shall correct the cited violation by obtaining the demolition permit and starting work by 12:00 pm (noon) on September 8, 2023. After the permit is issued, Respondent shall follow all proper steps of the permitting process. If compliance is not achieved by this date, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine in the amount of $50.00 per day, per violation (2 violations) commencing September 9, 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
23-26
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
Code Manager Tolleson advised that Case 23-26 was in compliance.
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.
Code Manager Tolleson advised that Case 23-27 was in compliance.
MASSEY 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 will be imposed June 10, 2023. The City’s costs of prosecution are imposed in the amount of $163.75.
At the July 10, 2023 Code Officer Mae Wright testified that the violations on the property had been corrected and all violations on the property are now in compliance.
Darlene Tindale, respondent, was present and provided testimony.
Special Magistrate issued an order finding compliance and imposed costs in the amount of $163.75.
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.
Code Manager Tolleson advised that Case 23-28 was in compliance.
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.
Code Manager Tolleson advised that Case 23-29 was in compliance.
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.
At the July 10, 2023 hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Hearing and Affidavit of Posting as Exhibit #1.
Tina Ruzzo, Respondent, was present and provided testimony.
Special Magistrate Nutcher issued an Order Imposing Fine and Lien as the property was not in compliance with the previous order. A fine was in imposed in the amount of $50.00 per day commencing July 8, 2023, and continuing daily until the violation is corrected. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $198.97.
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
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 $146.14.
At the July 10, 2023 hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Hearing and Affidavit of Posting as Exhibit #1.
Tina Ruzzo, Respondent, was present and provided testimony.
Special Magistrate Nutcher issued an Order Imposing Fine and Lien as the property was not in compliance with the previous order. A fine was in imposed in the amount of $50.00 per day commencing July 8, 2023, and continuing daily until the violation is corrected. Additionally, the Respondents shall pay the City’s costs of prosecution in the amount of $146.14.
INITIAL HEARING
23-34
EMMA PORTLOCK
1121 SECOND AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-03-54-11-13
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 12-23 – Junk and Debris
2. Section 13-73 – Inoperative Vehicles Prohibited
At the July 10, 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 $287.02 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
There was no Respondent present.
At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) 13-73 Inoperative Vehicles; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by August 11, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing August 12, 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 $287.02.
INITIAL HEARING
23-35
SPACE COAST RENTAL LLC
4230 MOUNT VERNON, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-22-03-7-11
CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-56 (A) – Building Permit Required
2.Section 6-109; 2018 IPMC SEC. 302.3 – Sidewalks and Driveways
At the July 10, 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 $216.58 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.
Dr. Faiaz Rasul, Respondent, was present and provided testimony.
Shawn Rhynes, concrete contractor, was also present and provided testimony.
At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-56 (a) – Permit Required; by 12:00 pm (noon) on August 11, 2023. If the violations are not in compliance by August 11, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, per violation, commencing August 12, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. Special Magistrate Nutcher reserved a ruling on imposition of the City’s cost of prosecution until any subsequent hearing.
INITIAL HEARING
23-39
VERMONT LLC
1545 KINGS COURT, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-09-10-*-15
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-109; 2018 IPMC Section 303.1 Swimming Pools
At the July 10, 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.
There was no Respondent present.
At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 303.1 – Swimming Pools; by 12:00 pm (noon) on July 24, 2023. If the violations are not in compliance by July 25, 2023 at 12:00 pm (noon) a fine in the amount of $100.00 per day, per violation, commencing July 25, 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
23-43
CAPE TITUS LLC
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; 2018 Section 302.7; Accessory Structures
2. Section 6-109; 2018 IPMC Section 302.4; Overgrowth and Weeds
3. Section 6-109; 2018 IPMC Section 304.1; General Exterior Maintenance
4. Section 6-109; 2018 IPMC Section 304.7; Roofs and Drainage
1. Section 6-109; 2018 IPMC Section 303.1 Swimming Pools
At the July 10, 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 $146.14 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
There was no Respondent present.
At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC 302.7; Accessory Structures – Fence, 2) Section 6-109; 2018 IPMC 302.4; Overgrowth and Weeds, 3) Section 6-109; 2018 IPMC 304.1; General Exterior Maintenance, 4) Section 6-109; 2018 IPMC 304.7; Roofs and Drainage; by 12:00 pm (noon) on August 11, 2023. If the violations are not in compliance by August 11, 2023 at 12:00 pm (noon) a fine in the amount of $100.00 per day, per violation, commencing August 12, 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 $146.14
CODE ENFORCEMENT MANAGER’S REPORT
No report
I. ADJOURNMENT 3:50 PM