September 9, 2024 Special Magistrate Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday September 9, 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
 Jim Flannigan, Code Enforcement Officer
 Mae Wright, Code Enforcement Officer
 Frank Lewis, Lead Code Enforcement Officer
 

II.         SWEARING IN OF WITNESSES

III.        APPROVAL OF AUGUST 12, 2024 HEARING MINUTES – Special Magistrate Nix approved the August 12, 2024 minutes.

IV.        HEARINGS

 

LIEN REDUCTION REQUEST

11-23 

GEORGE EDWARD ENNIS
  DONNA J. ENNIS
  4045 COQUINA AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-22-75-50-4
  CODE ENFORCEMENT OFFICER: ROBERT CRISCO

1.SEC 12-23 A – Junk & Debris 2. SEC 13-26 – Overgrowth

At the June 13, 2011, the Municipal Code Enforcement Board ordered that the fine is imposed in the amount of $100.00 per day commencing on July 11, 2011, and continuing daily until the violation is corrected to the written satisfaction of the code officer. In addition to the fine imposed, Respondents shall pay the City’s cost in the amount of $384.24.

March 4, 2022, the property achieved compliance and was verified by Code department personnel. The daily fine accrued is $73,000, City cost of recovery is $384.24, for a total $73,384.24.

July 11, 2024, the Code Enforcement Department received an application for lien reduction from Cynthia Kasprack (Owner). The application is presented in accordance with Titusville Code Section 31-71 for the Special Magistrate consideration.
 
 
 
 Special Magistrate Nix issued a Lien Reduction Order based on her Findings and Conclusions and the requirements of the City Code Section 31-71 (g)(1), the Magistrate recommends that: 
 
 1. The code lien in the amount of $73,000 shall be reduced to $500.00;
 2. Applicant shall pay the City’s administrative costs of $384.24. Pursuant to City Code, this amount cannot be waived or reduced. 
 
 After the 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.

 

MASSEY 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 Lewis 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.

At the September 9, 2024 Special Magistrate hearing Frank Lewis, Code Enforcement Officer, was present and testified on behalf of the City. Code Officer Lewis entered a Findings of Fact, Conclusion of Law and Order executed August 15, 2024, a Notice of Hearing and affidavit of posting as Exhibit #2, and the City’s PowerPoint presentation as Exhibit #3. 
 
 Respondent, David Pouncy, was present and provided testimony.

Special Magistrate Nix issued an Order Imposing Fine and Lien based on the foregoing facts and conclusions,

  1. A suspended fine was imposed in the amount of $100.00 per day related to the violation of Sec. 30-305 (A), Continuing Landscape Maintenance Required; $100.00 per day related to the violation of Section 13-73; Inoperative Vehicles Prohibited; and $100.00 per day related to the violation of Section 28-151; Outdoor Storage, commencing on September 14, 2024 and continuing until the violations are corrected to the written satisfaction of the Code Enforcement Officer. 
  2. If an affidavit addressing non-compliance as to any or all the violations cited, Sec. 30-305 (A), Continuing Landscape Maintenance Required, Section 13-73; Inoperative Vehicles Prohibited, Section 28-151; Outdoor Storage, is executed by Code Enforcement following the extended time for compliance (following 12:00 pm (noon) on September 13, 2024), said Affidavit and a certified copy of the Order may be recorded in the public records and such certified copy of the Order shall constitute a lien against the subject property and any other real or personal property owned by the Respondent. 

 

INITIAL HEARING
 24-93
 DWB DEVELOPERS INC
 TAX ID 2218100, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-28-01-28-20
 CODE ENFORCEMENT OFFICER: Mae Wright
 NOTICE OF HEARING: CERTIFIED AND POSTED

 1. Section 6-109; Sub Section 302.4 - Weeds 

At the September 9, 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 $163.75 as Exhibit # 3. Code Officer Wright entered a PowerPoint presentation as Exhibit #4.

Respondents did not appear at the hearing.
 
 Special Magistrate Nix ordered the Respondent to correct the cited violations pursuant to the testimony at the hearing by (1) removing all weeds and grass over twelve inches (12”) in height from: (a) the grass strip between the sidewalk and Louisiana Street; (b) at least twenty-five feet (25’) from the sidewalk inward upon the Subject Property; and (c) at least fifteen (15’) from the property line of the adjacent property addressed as 2140 Louisiana Street (City Code Sec. 6-109; 2018 IPMC Section 302.4, Weeds) by 12:00 pm (noon) on October 11, 2024.

If compliance is not achieved a fine may be imposed in the amount of $100.00 per day related to violation of City Code Sec. 6-109; 2018 IPMC Section 302.4, Weeds, commencing on October 12, 2024, and continuing daily until the violations are corrected. The City’s costs of prosecution are imposed in the amount of $163.75. 

 

 

IV.       CODE ENFORCEMENT MANAGER’S REPORT – No report

V.        ADJOURNMENT 3:55 PM