December 9 2024 Special Magistrate Hearing Minutes

CITY HALL
555 S WASHINGTON AVE 
TITUSVILLE, FL 32796

MEETING MINUTES 

Monday December 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: 

Don H. Nguyen, Special Magistrate

Chelsea Farrell, Assistant City Attorney
Glenn Tolleson, Code Enforcement Manager
Jim Flannigan, Code Enforcement Officer

Mae Wright, Code Enforcement Officer
  

II. SWEARING IN OF WITNESSES

III. APPROVAL OF SEPTEMBER 9, 2024 HEARING MINUTES – Special Magistrate Nguyen approved the September 9, 2024 minutes.

IV. HEARINGS

MASSEY 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 December 9, 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 and Sec. 6-109, Sub Section 304.7, Roofs and Drainage 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 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 Allan T. Griffith was present and provided testimony. 
  
Respondent requested a 60-day extension which the Special Magistrate granted. The Respondent is to correct violations of 1. Sec. 6-109, Sub Section 304.1, General Exterior Maintenance; 2. Sec. 6-109, Sub Section 304.6, Exterior Walls and 3. Sec. 6-56(A), Building Permit Required, by 12:00 pm noon on February 7, 2025. Failure to comply by the extended compliance date shall result in a fine being imposed in the amount of $100.00 per day per violation, commencing from the original violation date of October 12, 2024, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. 

In addition to the fine imposed herein, Respondent shall pay The City’s costs of prosecution in the amount of $216.58 (if said costs have not been previously paid). The fine and costs shall be made payable to the “City of Titusville” and delivered to the Office of the City Attorney, 555 South Washington Avenue, Titusville, FL.

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; Overgrowth

 At the December 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 Nguyen confirmed compliance was not achieved and ordered a fine to 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. In addition to the fine imposed herein, the Respondent shall pay the The City’s costs of prosecution in the amount of $163.75 (if said costs have not been previously paid). The fine and costs shall be made payable to the “City of Titusville” and delivered to the Office of the City Attorney, 555 South Washington Avenue, Titusville, FL.

V.  CODE ENFORCEMENT MANAGER’S REPORT – No report

VI.   ADJOURNMENT 2:45 PM