December 11 2023 Special Magistrate Agenda

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

DECEMBER 11, 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
 
 


 
 

 

 

 

 

 

MASSEY/COMPLIANCE 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
 
 At the October 9, 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.

Matthew Myer was present and testified on behalf of Applewood Apartments LLC.

At the October 9, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) NFPA 1 – 1.7.12 – Permit shall be required,2) NFPA 1-13.3.3.4.1.9.1 – Fire sprinkler system(s) control valves are clearly identified 3) NFPA 25-5.1.1.2 – Fire sprinkler system(s) properly maintained, by 12:00 pm (noon) on November 13, 2023. If the violations are not in compliance by November 13, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing November 14, 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 $128.53.

At the November 13, 2023 hearing the City and Respondent requested a 30 day extension. The extension was granted by Special Magistrate Nutcher. 

 

MASSEY/COMPLIANCE HEARING
 
23-56
C CUBES LANDING 
 3310 S HOPKINS AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-15-75-8-1
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 28-151 – Outdoor Storage
 2. SEC 6-109; 2018 IPMC SEC 305.1 – General Interior Maintenance

At the November 13, 2023 Special Magistrate hearing Ken Hutchings, Code Enforcement 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 $128.53 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

Tuan Le was present and testified on behalf of C Cubes Landing LLC.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) 28-151- Outdoor Storage by 12:00 (noon) on December 8, 2023 and 2) Sec 6-109; 2018 IPMC Section 305.1, by 12:00 pm (noon) on February 9, 2024. If the violations are not in compliance by the dates previously indicated, a fine in the amount of $250.00 per day, per violation, 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.

INITIAL HEARING
 
23-61
ANDREW POLK
 AMANDA POLK 
 1669 SARATOGA DRIVE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-30-11-11-16
 CODE ENFORCEMENT OFFICER: FRANK LEWIS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 6-109; 2018 IPMC SEC 302.4 – Overgrowth
 
 
INITIAL HEARING
 
23-62
ORCA PROPERTIES 
 4265 SOUTH STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-AV-*-79.01
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 6-56 (A) – Building Permit Required

 

 

 

 

 

IV.CODE ENFORCEMENT MANAGER’S REPORT
 

V. ADJOURNMENT