September 11 2023 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday September 11, 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 
 Kyle Mack, Fire Inspector
 Jim Flannigan, Code Enforcement Officer
 Ken Hutchings, Code Enforcement Officer

SWEARING IN OF WITNESSES

 

MASSEY 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

Special Magistrate Nix advised the City that Case 23-39 would be continued until the next hearing date. 
 
 At the September 11, 2023 Special Magistrate Nutcher issued a corrected findings of fact, conclusions of law and order. Special Magistrate Nutcher removed the requirement of a demolition permit from the previously issued findings of fact, conclusions of law and order and provided the Respondent an additional 14 days to correct the violation. Respondent shall correct the cited violation by 12:00 p.m. (noon) September 25, 2023. 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 $100.00 per day commencing July 25, 2023, and continuing until compliance has been verified. 

INITIAL HEARING
 
23-50
ORCA PROPERTIES
 4265 SOUTH STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-AV-*-79.01
 CODE ENFORCEMENT OFFICER: KYLE MACK 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 3-13 – Response to Alarms
 
 At the September 11, 2023 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Fire Inspector Mack submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.

There was no Respondent present.

At the September 11, 2023 Special Magistrate Debra Nutcher ordered that the respondent correct the violation of 1) Section 3-13; Response to alarms, by paying a fine in the amount of $290.00 by 12:00 pm (noon) on October 10, 2023. If compliance is not achieved by this date, a subsequent compliance/Massey hearing will be held, and further penalties may be considered. The City’s costs of prosecution are imposed in the amount of $128.53.

COMPLIANCE HEARING                                                                 COMPLIANCE 8/30/2023                                                                 
 
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.

Code Manager Tolleson advised that Case 23-33 was in compliance.
 

INITIAL HEARING
 
23-46
TOMMIE L POUNCEY ESTATE 
 918 WAGER AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-51-*-108
 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 304.13; Windows, Skylights, Door Frames

3. Section 12-23; Junk and Debris

At the August 14, 2023 Special Magistrate hearing Jim Flannigan, 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 Flannigan submitted a Cost Recovery Statement in the amount of $110.92 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

There was no Respondent present.
 
 At the August 14, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC 302.7; Accessory Structures, 2) Section 6-109; 2018 IPMC 304.13; Windows, Skylights, Door Frames, 3) Section 12-23; Junk and Debris by 12:00 pm (noon) on September 8, 2023. If the violations are not in compliance by September 8, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, 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 $110.92.
 
 At the September 11, 2023 hearing Jim Flannigan, Code Enforcement 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. 
 
 Respondent was not present at the hearing.


 At the September 11, 2023 hearing Special Magistrate Nutcher issued an order imposing fine and lien due to non-compliance with the previous order. Special Magistrate Nutcher imposed a fine in the amount of $50.00 per day per violation commencing September 9, 2023, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. In addition to the fine imposed herein, Respondent shall pay the City’s costs of prosecution in the amount of $110.92. 

 

INITIAL HEARING
 
23-49
DANA C CARTER
 2196 HERITAGE DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-09-56-*-7
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 IPMC Section 304.1; General Exterior Maintenance

2. Section 6-109; 2018 IPMC Section 304.13; Windows, Skylights, Door Frames

At the August 14, 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 $146.14 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

There was no Respondent present.

At the August 14, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC 304.1; General Exterior, 2) Section 6-109; 2018 IPMC 304.13; Windows, Skylights, Door Frames, by 12:00 pm (noon) on September 8, 2023. If the violations are not in compliance by September 8, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, per violation, 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 $146.14

At the September 11, 2023 hearing Ken Hutchings, Code Enforcement Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Hearing and Affidavit of Posting as Exhibit 1. 
 
 Respondent was not present at the hearing.


 At the September 11, 2023 hearing Special Magistrate Nutcher issued an order imposing fine and lien due to non-compliance with the previous order. Special Magistrate Nutcher imposed a fine in the amount of $25.00 per day per violation commencing September 9, 2023, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. In addition to the fine imposed herein, Respondent shall pay the City’s costs of prosecution in the amount of $146.14

INITIAL HEARING
 
23-52
JAMES M HANLEY
 KATHLEEN L HANLEY
 7 LEMOINE AVENUE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-04-00-267
 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 September 11, 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 Hutchings submitted a Cost Recovery Statement in the amount of $216.58 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

James M Hanley, property owner, was present and provided testimony.

At the September 11, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 13-73 – Inoperative Vehicles Prohibited, by 12:00 pm (noon) on October 6, 2023. If the violations are not in compliance by October 7, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, per violation, commencing October 7, 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.

INITIAL HEARING
 23-52
GARDEN SQUARE DEVELOPERS INC
 1701 GARDEN STREET, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-04-00-251
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 13-26 –Overgrowth

Code Manager Tolleson requested that Case 23-52 be continued one month. 

 

 
 CODE ENFORCEMENT MANAGER’S REPORT
 
No report
 I. ADJOURNMENT 2:41 PM