April 8 2024 Special Magistrate Agenda

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

APRIL 8, 2024

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
 
 


 
 

 

 

 

 


 
 LIEN REDUCTION HEARING
 TITUS HOLDINGS LLC- 1700 CHAUCER 
TINA RUZZO – 940 MARGIE DRIVE
 TINA RUZZO – 945 PALERMO ROAD 


 MASSEY 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
 
 At the December 11, 2023 Special Magistrate hearing Mae Wright, Code Enforcement 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.

Mitchell Biedul was present and testified on behalf of Appliance Direct.
 
At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) 6-56 (a) – Permit Required by 12:00 (noon) on April 5, 2024. If the violation is not in compliance by the dates previously indicated, a fine in the amount of $100.00 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 $234.19.


 MASSEY HEARING
 24-15
 TOBY L SMITH
 EUNICE E SMITH
 2247 COUNTRY CLUB DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-16-IC-7-4
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 1. Section 20-58 E – Parking E 

At the February 12, 2024, Special Magistrate hearing Jim Flannigan, Code Enforcement 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 $269.41 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

Toby Smith was present and provided testimony.
 
 Special Magistrate Eick ordered the Respondent to correct the violation by 12:00 pm noon on April 5, 2024. 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 commencing April 6, 2024, and continuing until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $269.41.

INITIAL HEARING
 24-10
 MERCEDES LESSER
 PATRICIA LESSER
 1460 BARNA AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-09-06-*-64
 CODE ENFORCEMENT OFFICER: FRANK LEWIS
 NOTICE OF HEARING: CERTIFIED AND POSTED
 

1. Section 6-109; 2018 IPMC, Section 102.2 Maintenance
 2. Section 6-109; 2018 IPMC, Section 505.1 Running Water

INITIAL HEARING
 24-12
 VICTOR T MARTINEZ
 4440 SWIFT AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-21-77-*-39
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFIED AND POSTED

  1. Section 6-109; Sub Section 302.4 – Overgrowth
  2. Section 6-109; Sub Section 304.6 – Exterior Walls
  3. Section 6-109; Sub Section 304.13 - Window, Skylights, Doors
  4. Section 13-73 – Inoperable Vehicles
  5. Section 12-23 -Junk and Debris 

INITIAL HEARING
 24-13
 VICTOR T MARTINEZ
 4455 SWIFT AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-21-77-*-29
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; Sub Section 302.4 – Overgrowth
 2. Section 12-23; Junk and Debris

 

IV.CODE ENFORCEMENT MANAGER’S REPORT
 V. ADJOURNMENT