October 9 2023 Special Magistrate

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

October 9, 2023

2:00 PM – COUNCIL CHAMBER AT CITY HALL
 555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FL 32796
 

Special Magistrate Debra Babb-Nutcher

The city desires to accommodate persons with disabilities. Accordingly, any person who requires an accommodation, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the hearing, submit a written request to the City Clerk detailing the accommodation required.

Any person who decides to appeal any decision of the special magistrate, with respect to any matter considered at this hearing, will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Any person or defendant who requests to review or object to any exhibits presented to the special magistrate by the City of Titusville prior to submission to the special magistrate, must stand and state their requests to review the exhibits prior to review by the magistrate at the time their case or agenda item is called for hearing.

Any person found to be in violation of the City of Titusville Code of Ordinances and given a time frame in which to comply shall, upon compliance, be responsible for contacting the code enforcement supervisor for an inspection to verify said compliance. The violation will not be considered to be in compliance until the code enforcement supervisor is notified and verifies compliance.

CALL TO ORDER

SWEARING IN OF WITNESSES 

HEARINGS
 
COMPLIANCE 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
 
 At the August 14, 2023 hearing Case 23-39 was continued.
 
 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. 

COMPLIANCE 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
 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
 23-54
PATRICIA SHAREK
306 S SINGLETON AVENUE, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-05-00-255
CODE ENFORCEMENT OFFICER: FRANK LEWIS 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
 
 
 INITIAL HEARING
 23-55
APPLEWOOD APARTMENTS LLC
4749 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-26-BF-*-4.03
CODE ENFORCEMENT OFFICER: KYLE MACK
NOTICE OF HEARING: CERTIFED AND POSTED

1. NFPA 1 – 1.7.12 – Permit shall be required
 2. NFPA 1 – 1.7.15 – Work without a permit
 3. NFPA 1-13.3.3.4.1.9.1 – Fire sprinkler system(s) control valves are clearly identified
 4. NFPA 25-5.1.1.2 – Fire sprinkler system(s) properly maintained
 

IV.CODE ENFORCEMENT MANAGER’S REPORT
 

V. ADJOURNMENT