- Code Enforcement Special Magistrate Meeting
- July 8 2024 Special Magistrate Meeting Minutes
July 8 2024 Special Magistrate Meeting Minutes
CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday July 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:
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
SWEARING IN OF WITNESSES
MASSEY 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: CERTIFIED 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.
At the July 8, 2024 hearing, Lead Code Enforcement Officer Frank Lewis testified on behalf of the City and confirmed that the violation still existed on the property. Code Enforcement Officer Lewis submitted Ex. 1 – Findings of Fact, Conclusion of Law and Order executed June 17, 2024, Ex. 2 – City’s Affidavit of mailing/posting and Notice of Hearing, Ex. 3 – City’s PowerPoint presentation.
Foyad Salam, Respondent, was present and provided testimony.
Special Magistrate Nix issued and Order Imposing Fine and Lien, she imposed a fine in the amount of $100.00 per day related to violation Sec 30-305 (A) Continuing Maintenance Required (Landscaping), commencing July 6, 2024, and continuing daily until the violation is corrected to the written satisfaction of the Code Enforcement Officer.
MASSEY HEARING
24-71
TITUSVILLE SQUARE LLC , C/O 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.
At the July 8, 2024 hearing, Code Enforcement Officer Jim Flannigan testified on behalf of the City and confirmed that the violation still existed on the property. Code Enforcement Officer Flannigan submitted Ex. 1 – Findings of Fact, Conclusion of Law and Order executed June 17, 2024, Ex. 2 – City’s Affidavit of mailing/posting and Notice of Hearing, Ex. 3 – City’s PowerPoint presentation.
Christina Phan assisted Mindy Phan, Respondent, with providing testimony.
Special Magistrate Nix issued an Order Imposing Fine and Lien, she imposed a fine in the amount of $100.00 per day related to violation 6-109; 2018 IPMC Sec 304.13.2, Property Maintenance, commencing July 6, 2024, and continuing daily until the violation is corrected to the written satisfaction of the Code Enforcement Officer.
MASSEY 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: CERTIFIED AND POSTED
1. 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.
At the July 8, 2024 hearing, Code Enforcement Officer Jim Flannigan testified on behalf of the City and confirmed that the violation still existed on the property. Code Enforcement Officer Flannigan submitted Ex. 1 – Findings of Fact, Conclusion of Law and Order executed June 17, 2024, Ex. 2 – City’s Affidavit of mailing/posting and Notice of Hearing, Ex. 3 – City’s PowerPoint presentation.
Respondent did not appear at the hearing.
Special Magistrate Nix issued an Order Imposing Fine and Lien, she imposed a fine in the amount of $100.00 per day related to violation Sec 13-28 – Public Nuisance – Dead Tree, commencing July 6, 2024, and continuing daily until the violation is corrected to the written satisfaction of the Code Enforcement Officer.
MASSEY 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: CERTIFIED 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.
Glenn Snyder was present and provided testimony at the hearing.
Special Magistrate Nix ordered the Respondent to correct the violation of 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 per violation 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.
At the July 8, 2024, Special Magistrate hearing Code Officer Flannigan testified that all violations are in compliance.
Special Magistrate Nix issued an Order Finding Compliance; no fines or administrative costs were imposed.
INITIAL HEARING
24-83
JEANETTE MCQUISTION
874 DOW LANE, TITUSVILLE, FL 32780
TAX PARCEL ID # 21-35-27-31*-15
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; Sub Section 102.2; Maintenance
At the July 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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
Respondent did not appear at the hearing.
Special Magistrate Nix ordered the Respondent to correct the violation of Section 6-109; 102.2 Maintenance by 12:00 pm noon on August 9, 2024. The City’s costs of prosecution are imposed in the amount of $234.19.
INITIAL HEARING
24-84
PHILLIP KIRKLAND
4760 WINCHESTER DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-29-AV-*-6.02
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; Sub Section 302.4; Overgrowth - Weeds
2. Section 13-73; Inoperative Vehicles Prohibited
At the July 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 $198.97 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
Respondent did not appear at the hearing.
Special Magistrate Nix ordered the Respondent to correct the violation of Section 6-109; Sub Section 302.4, Overgrowth- Weeds; and Section 13-73, Inoperative Vehicles Prohibited by 12:00 pm noon on August 9, 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 per violation commencing August 10, 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 $198.97.
CODE ENFORCEMENT MANAGER’S REPORT – No report
I. ADJOURNMENT 4:15 PM