- Code Enforcement Special Magistrate Meeting
- June 10 2024 Special Magistrate Minutes
June 10 2024 Special Magistrate Minutes
CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday June 10, 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:
Jennifer Nix, Special Magistrate
Glenn Tolleson, Code Enforcement Manager
Chelsea Farrell, Assistant City Attorney
Jim Flannigan, Code Enforcement Officer
Mae Wright, Code Enforcement Officer
Frank Lewis, Lead Code Enforcement Officer
Kyle Mack, Fire Inspector
SWEARING IN OF WITNESSES
MASSEY 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
- Section 6-109; Sub Section 302.4 – Overgrowth
- Section 6-109; Sub Section 304.6 – Exterior Walls
Section 6-109; Sub Section 304.13 - Window, Skylights, Doors- Section 13-73 – Inoperable Vehicles
- 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
At the June 10, 2024 Special Magistrate Hearing Code Officer Mae Wright testified that the Respondent, Victor Martinez, had achieved compliance before the previously ordered compliance date.
Special Magistrate Nix issued an Order Finding Compliance and waiving the City’s imposition of administrative costs per the City’s request.
MASSEY 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.
At the June 10, 2024 Special Magistrate Hearing Code Officer Mae Wright testified that the Respondent, Victor Martinez, had achieved compliance before the previously ordered compliance date.
Special Magistrate Nix issued an Order Finding Compliance and waiving the City’s imposition of administrative costs per the City’s request.
INITIAL HEARING
24-70
SUHA WALID THAHER
701 S DE LEON AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-03-50-*-82
CODE ENFORCEMENT OFFICER: Frank Lewis
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 30-305 (A) – Continuing Landscape Maintenance Required
At the June 10, 2024, Special Magistrate hearing Frank Lewis, Lead Code Enforcement Officer, was present and testified on behalf of the City. Lead Code Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Lead Code Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Lead Code Officer Lewis submitted a Cost Recovery Statement in the amount of $163.75 as Exhibit # 3. Lead Code Officer Lewis entered a powerpoint presentation as Exhibit #4.
Respondent, Foyad Salam provided testimony on behalf of the Respondent.
Special Magistrate Nix ordered the Respondent to correct the violation of Section 30-305(A) Continuing Maintenance Required, by 12:00 pm noon on July 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 $100.00 per day commencing July 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 $163.75.
INITIAL HEARING
24-71
TITUSVILLE SQUARE LLC , MINDY PHAN, REGISTERED AGENT
1710 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-10-01-*-40
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-109; Sub Section 304.13 ; Windows, Skylights, Door Frames
3. Section 6-109; Sub Section 305.4 ; Stairs and Walking Surfaces
4. Section 6-109; Sub Section 704.2; Fire Safety – Smoke Alarms Where Required
5. Section 6-56 (A); Building Permit Required
At the June 10, 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 $234.19 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
Respondents did not appear at the hearing.
Special Magistrate Nix ordered the Respondent to correct the violation of Section 6-109; Sub Section 304.13.2 ; Openable Windows, by 12:00 pm noon on July 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 $100.00 per day commencing July 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 $234.19.
INITIAL HEARING
24-72
JAMES MICHAEL KARNA
195 ROOSEVELT STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-10-51-2-29
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-109; Sub Section 302.4; Overgrowth
2. Section 13-28; Dead Tree
At the June 10, 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 $216.58 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
Respondents did not appear at the hearing.
Special Magistrate Nix ordered the Respondent to correct the violation of Section 13-28; Dead Tree, by 12:00 pm noon on July 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 $100.00 per day commencing July 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 $216.58.
INITIAL HEARING
24-73
ANH HOANG VO
205 SEMINOLE AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-75-4-12
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFED AND POSTED
At the June 10, 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 $198.97 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
Quan Le appeared on behalf of the Respondent.
Special Magistrate Nix found that the Respondents violated the City Code: Section 30-39, Tree Removal Permit Required and 13-28 Dead Tree. The Special Magistrate found that the violation in cutting down the two pine trees is irreparable and irreversible in nature and a fine in the amount of $3000.00 was imposed. The City’s costs of prosecution are imposed in the amount of $198.97.
INITIAL HEARING
24-74
GLENN E SNYDER
JANIE L SNYDER
3945 RIDGEWOOD DR, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-31-02-4-13
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 13-28; Dead Tree
2. Section 6-109; Sub Section 302.7; Accessory Structures
3. Section 6-109; Sub Section 302.1; Exterior Sanitation4. Section 6-109; Sub Section 303.1; Swimming Pool
5. Section 6-109; Sub Section 303.2; Enclosures
At the June 10, 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 $251.80 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
Respondent, Glenn E Snyder was present and provided testimony.
Special Magistrate Nix ordered the Respondent to correct the violation of 2. Section 6-109; Sub Section 302.7; Accessory Structures, Section 6-109; Sub Section 303.1; Swimming Pool, Section 6-109; Sub Section 303.2; Enclosures by 12:00 pm noon on July 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 $100.00 per day commencing July 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 $251.80.
INITIAL HEARING
24-76
3-777 LLC
777 COUNTRY CLUB DR, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-50-A
CODE ENFORCEMENT OFFICER: Kyle Mack
NOTICE OF HEARING: CERTIFED AND POSTED
1. NFPA 1 – 1.7.15 – Work without a permit
2. NFPA 1-11.1.7.3 – Emergency Disconnect Not Visible
3. NFPA 25 – 5.1.1.2 – Fire Sprinkler Systems Maintenance
4. NFPA 25-5.2.1.1.1 – Fire Sprinkler Heads Damaged
5. NFPA 72-10.2.1 – Fire Alarm Servicing
The City withdrew Case 24-76.
INITIAL HEARING
24-77
G&G PROPERTY MANAGEMENT LLC
4125 SOUTH STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-AV-*-49.01
CODE ENFORCEMENT OFFICER: Kyle Mack
NOTICE OF HEARING: CERTIFED AND POSTED
1. NFPA 1-1.7.12 – Permit Required
2. NFPA 1-1.7.15 – Work Without a Permit
3. NFPA 1-10.11.1 – Premises Identification
4. NFPA 1-11.1.8 – Electrical Cover Plates
5. NFPA 1-18.2 – Fire Department Access
6. NFPA 1-66.14.6 – Storage Requirements
7. NFPA 25 -5.1.1.2 – Fire Sprinkler Systems Maintenance
8. NFPA 72 -10.2.1 – Fire Alarm Servicing
9. Section 9-4 – Implied Consent
The City withdrew Case 24-77.
INITIAL HEARING
24-79
SUBHAM INVESTMENTS LLC
3776 S HOPKINS AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-22-01-*-2
CODE ENFORCEMENT OFFICER: Kyle Mack
NOTICE OF HEARING: CERTIFED AND POSTED
1. NFPA 96 – Fire Suppression Deficiencies
2. NFPA 96 – 11.2.1 – Fire Suppression System maintenance
3. NFPA 96 – 4.1.5 – Ventilation
The City advised that Case 24-79 was in compliance.
INITIAL HEARING
24-80
ORCA PROPERTIES LLC
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. NFPA 1-18.2 – Fire Department Access
The City advised that Case 24-80 was in compliance.
INITIAL HEARING
24-82
TODD A ROEDER
SHAWN ROEDER
1420 MILTON STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-87-*-530
CODE ENFORCEMENT OFFICER: Frank Lewis
NOTICE OF HEARING: CERTIFED AND POSTED
- Section 6-109; Sub Section 102.2 Maintenance
At the June 10, 2024, Special Magistrate hearing Frank Lewis, Lead Code Enforcement Officer, was present and testified on behalf of the City. Lead Code Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Lead Code Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Lead Code Officer Lewis submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Lead Code Officer Lewis entered a powerpoint presentation as Exhibit #4.
Respondents, Todd A. Roeder and Debbie Roeder were present and provided testimony.
Special Magistrate Nix ordered the Respondent to correct the violation of Section 6-109; Sub Section 102.2 Maintenance or vacate the subject property. A daily fine was not imposed.The City’s costs of prosecution are imposed in the amount of $128.53
CODE ENFORCEMENT MANAGER’S REPORT – No report
I. ADJOURNMENT 4:15 PM