April 8 2024 Special Magistrate Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 


 

 

 

MEETING MINUTES 

Monday March 8, 2024  
 
 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 Babb-Nutcher, Special Magistrate
 Glenn Tolleson, Code Enforcement Manager
 Chelsea Farrell, Assistant City Attorney 
 Jim Flannigan, Code Enforcement Officer
 Mae Wright, Code Enforcement Officer

SWEARING IN OF WITNESSES

LIEN REDUCTION HEARING

TITUS HOLDINGS LLC- 1700 CHAUCER ROAD

Heath Mullins provided testimony on behalf of Titus Holdings LLC.

Special Magistrate Nutcher issued the following recommended order,

  1. The code lien in the amount of $75,925.00 shall be reduced to $30,000;
  2. Applicant shall pay the City’s administrative costs of $174.83;
  3. Applicant shall pay in full all lot cleaning liens on the subject property. 

After this Recommended Order is entered, the matter will be placed on the City Council agenda for final action. Code Enforcement shall notify the Applicant of the date of the City Council meeting.

TINA RUZZO – 940 MARGIE DRIVE

Tina Ruzzo, property owner, provided testimony.

Special Magistrate Nutcher issued the following recommended order,

  1. The code lien in the amount of $12850.00 shall be reduced to $2,000;
  2. Applicant shall pay the City’s administrative costs of $146.14;

After this Recommended Order is entered, the matter will be placed on the City Council agenda for final action. Code Enforcement shall notify the Applicant of the date of the City Council meeting.

 TINA RUZZO – 945 PALERMO ROAD

Tina Ruzzo, property owner, provided testimony.

Special Magistrate Nutcher issued the following recommended order,

  1. The code lien in the amount of $12850.00 shall be reduced to $2,000;
  2. Applicant shall pay the City’s administrative costs of $198.97;

After this Recommended Order is entered, the matter will be placed on the City Council agenda for final action. Code Enforcement shall notify the Applicant of the date of the City Council meeting.

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
 
 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 December 11, 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.

At the April 8, 2024 Special Magistrate Hearing Mae Wright, Code Enforcement 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. Officer Wright testified that the violations still exist on the subject property.


 Mitchell Biedul was present and testified on behalf of Appliance Direct. 

Special Magistrate Nutcher ordered that the Respondent had not complied with the previous order and issued an order imposing fine and lien. A fine was imposed in the amount of $100.00 per day per violation commencing April 6, 2024, and continuing until the violation is corrected to the written satisfaction of the Code Enforcement Officer. In the event the costs have not already been paid, Respondent shall pay the City’s costs of prosecution in the amount of $234.19.

INITIAL 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
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 12-23 – Junk and Debris (Withdrawn)
2. Section 13-73 – Inoperable Vehicle Prohibited (Withdrawn)
 3. Section 20-58 E – Parking E 

At the March 11, 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 Flannigan 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.

At the April 8, 2024 hearing Code Officer Flannigan testified that the property was in compliance.

Special Magistrate Nutcher issued an Order Finding Compliance and Imposing Costs.

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 

 

At the April 8, 2024, 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 $269.41 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Special Magistrate Nutcher ordered the Respondent to correct the violation by 12:00 pm noon on June 7, 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 June 7, 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 $251.80

 

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

At the April 8, 2024, 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 $251.80 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Special Magistrate Nutcher ordered the Respondent to correct the violation by 12:00 pm noon on June 7, 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 $100.00 per day commencing June 7, 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 $234.19.

 


 CODE ENFORCEMENT MANAGER’S REPORT – No report
 

 I. ADJOURNMENT 3:11 PM