August 12, 2024 Special Magistrate Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday August 12, 2024  
 
 2:00 PM

Council Chambers

 CODE ENFORCEMENT SPECIAL MAGISTRATE

I.          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
 

II.         SWEARING IN OF WITNESSES

III.        APPROVAL OF JULY 8, 2024 HEARING MINUTES – Special Magistrate Nix approved the July 8, 2024 minutes.

IV.        HEARINGS

MASSEY 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, 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; and that 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 were imposed in the amount of $198.97.

At the August 12, 2024 Massey hearing, Code Officer Mae Wright submitted Exhibit 1 – Findings of Fact, Conclusion of Law and Order executed July 15, 2024, Exhibit 2- City’s Affidavit of mailing/posting and Notice of and Exhibit 3 – City’s PowerPoint presentation. 
 
 Code Officer Wright provided testimony on behalf of the City. 
 
 Respondent did not appear at the hearing.
             
 Special Magistrate Jennifer Nix issued an Order Imposing Fine and Lien and found the property remained in violation of 1) Section 6-109, Sub Section 302.4, Overgrowth –                                                  Weeds; and, 2) Section 13-73 Inoperative Vehicles Prohibited.
 
 Special Magistrate Nix imposed a fine in the amount of $50.00 per day related to the 
 violation of Section 6-109, Sub Section 302.4, Overgrowth – Weeds, and, a fine in the amount of $50.00 per day related to the Section 13-73, Inoperative Vehicles Prohibited, commencing on August 10, 2024, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. 

INITIAL HEARING
 24-86
 JEWEL W GRIFFITH
 ALLAN T GRIFFITH
 3452 S HOPKINS AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-15-75-3-12
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 1-11.1.8; Electrical Cover Plates
 2. Section 6-109; Sub Section 605.1; Electrical Equipment Installation
 3. Section 6-109; Sub Section 304.1; General Exterior Maintenance
 4. Section 6-109; Sub Section 304.6; Exterior Walls
 5. Section 6-109; Sub Section 304.7; Roofs and Drainage
 6. Section 6-56 (A); Building Permit Required

At the August 12, 2024, Special Magistrate hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Code Enforcement Officer Jim Flannigan testified that the violations of NFPA 1-11.1.8 Electrical Cover Plates; and Sec. 6-109, Sub Section 605.1, Electrical Equipment Installation, had been corrected. Code Enforcement Officer Jim Flannigan testified that the violations of Sec. 6-109, Sub Section 304.1, General Exterior Maintenance; Sec. 6-109, Sub Section 304.6, Exterior Walls; Sec. 6-109, Sub Section 304.7, Roofs and Drainage; and Sec. 6-56(A), Building Permit Required, remain on the Subject Property. 

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.

Respondent did not appear at the hearing.
 
 Special Magistrate Nix ordered the Respondent to correct the violation of 1. Section 6-109; Sub Section 304.1, General Exterior Maintenance, 2. Section 6-109, Sub Section 304.6; Exterior Walls, 3. Section 6-109; Sub Section 304.7, Roofs and Drainage,
 4. Section 6-56 (A), Building Permit Required by 12:00 pm noon on October 11, 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 October 12, 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
 24-87
 EDWARD MURRAY
 2034 DOYLE DRIVE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-07-78-*-34
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; Sub Section 302.7; Accessory Structures
 2. Section 6-109; Sub Section 302.4; Overgrowth
 3. Section 6-109; Sub Section 304.7; Roofs and Drainage

At the August 12, 2024, Special Magistrate hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Code Enforcement Officer Jim Flannigan testified that the violations of City Code Sec. 6-109, Sub Section 302.7, Accessory Structures, and City Code Sec. 6-109, Sub Section 302.4, Overgrowth, were corrected prior to the hearing. Code Enforcement Officer Jim Flannigan testified that he observed the roof with torn tarps, sand bags and missing shingles. 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 $287.02 as Exhibit # 3. Code Officer Flannigan entered a PowerPoint presentation as Exhibit #4.

Respondent, property owner, was present and provided testimony admitting to the violation and acknowledging that roof repair is needed. 
 
 Special Magistrate Nix ordered the Respondent to correct the violation of Section 
 6-109; Sub Section 304.7; Roofs and Drainage, by 12:00 pm noon on October 11, 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 October 12, 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 $287.02.

INITIAL HEARING
 24-90
 DAVID POUNCY
 RACHEL POUNCY
 710 WAGER AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-50-*-79
 CODE ENFORCEMENT OFFICER: Frank Lewis
 NOTICE OF HEARING: CERTIFIED AND POSTED

 1. Section 28-151; Outdoor Storage
 2. Section 13-73; Inoperative Vehicles Prohibited
 3. Section 30-305 (A); Continuing Landscape Maintenance Required 

At the August 12, 2024, Special Magistrate hearing Frank Lewis, Code Enforcement Officer, was present and testified on behalf of the City. Code Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Lewis submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Code Officer Flannigan entered a PowerPoint presentation as Exhibit #4.

Respondent did not appear at the hearing. 
 
 Special Magistrate Nix ordered the Respondent to correct the violations of 1. Section 28-151; Outdoor Storage, 2. Section 13-73; Inoperative Vehicles Prohibited, 3. Section 30-305 (A); Continuing Landscape Maintenance Required, by 12:00 pm noon on September 6, 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 September 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 $128.53.

IV.       CODE ENFORCEMENT MANAGER’S REPORT – No report

V.        ADJOURNMENT 2:44 PM