April 14, 2025 Special Magistrate Minutes

MEETING MINUTES

Monday, April 14, 2025, 2:00 PM

COUNCIL CHAMBER

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 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 MARCH 10, 2025, HEARING MINUTES – Approved by Special Magistrate Nguyen.

IV. HEARINGS

MUNICIPAL TRESPASS WARNING APPEAL

None

LIEN REDUCTION HEARINGS

None

MASSEY HEARINGS

25-04

EXPLORE & DISCOVER INC

1700 KNOX MC RAE DR, TITUSVILLE, FL 32780 (FORMER ADDRESS)

1680 KNOX MC RAE DR, TITUSVILLE, FL 32780 (NEW ADDRESS)

TAX PARCEL ID# 22-35-16-00-767

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED

1. Section 30-39; Tree Removal Permit Required

2. Section 30-83; Prohibition: Clearing, Storage of Materials and Equipment

On January 13, 2025, Code Officer Flannigan entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a Cost Recovery Statement in the amount of $163.75 as Exhibit #2, Final Orders from Initial Hearing as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was present and provided testimony.

The subject property was found in violation of the sections listed above and ordered to correct the cited violations by 12:00pm (noon) on April 11, 2025. If compliance with all violations 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 $5,000.00 on April 12, 2025.

On February 12, 2025, the subject property was issued a permit for landscaping and tree replacement.

On March 24, 2025, this case was put into compliance for all violations by the Code Enforcement Officer.

On April 14, 2025, Code Officer Flannigan testified that, as of the date of the hearing, the subject property is in compliance. Special Magistrate Nguyen ordered for case to be closed and administrative costs of $163.75 be payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-09

EMMA B PORTLOCK (ESTATE)

1121 SECOND AVE, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-03-54-11-13

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED AND POSTED

~~1. Section 6-109; 2018 IPMC Section 102.2 - Maintenance~~

2. Section 6-109; 2018 IPMC Section 302.3 – Sidewalks and Driveways

3. Section 6-109; 2018 IPMC Section 302.4 – Overgrowth – Weeds

4. Section 6-109; 2018 IPMC Section 304.13.2 – Openable Windows

5. Section 6-109; 2018 IPMC Section 304.7 – Roof and Drainage

On February 10, 2025, Code Enforcement Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $216.58 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was provided notice of this hearing and did not appear at the hearing.

The subject property was found in violation of the sections listed above and given until 12:00pm (noon) on April 11, 2025, to correct all violations. If compliance with all violations 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 April 12, 2025, and continuing daily until violations are corrected. A lien may also be imposed.

On April 14, 2025, Code Officer Flannigan testified that the subject property remains in violation. The Respondent was provided notice of this hearing and did not appear at the hearing.

The Special Magistrate ordered a fine imposing in the amount of $100.00 per day, per violation commencing April 12, 2025, and continuing daily until violations are corrected to the written satisfaction of the Code Enforcement Officer.

In addition to the fine, the City’s costs of prosecution are imposed in the amount of $216.58, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-11

TPK INVESTMENTS

2671 SUSSANA LN, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-20-05-*-3

CODE ENFORCEMENT OFFICER: MAE WRIGHT

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 34-10; Site Permit Required – Site Development

2. Section 6-109; 2018 IPMC Sec. 302.4 – Overgrowth – Weeds

On February 10, 2025, Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $234.19 as Exhibit # 3 and a PowerPoint presentation as Exhibit #4.

The registered agent Darlene Tindall from TPK Investments LLC was present and presented testimony.

Evidence shows that subject property remains in violation of the above-mentioned code Section 34-10; Site Permit Required – Site Development. The second violation was corrected on January 28, 2025. Based upon the findings, the respondent shall correct the remaining violation by 12:00pm (noon) on April 11, 2025.

The respondent shall submit an application for a site permit and/or remove the fill dirt from property and re-establish ground cover on all affected areas by 12:00pm (noon) on April 11, 2025. Respondent shall further correct the cited violations on the subject property by obtaining a site permit and/or remove the fill dirt from property and re-establish ground cover on all affected areas by 12:00pm (noon) on August 11, 2025. If compliance with all violations is not achieved by August 11, 2025, a subsequent compliance/Massey hearing will be held and the Magistrate may impose a fine in the amount of $100.00 per day retroactive to April 12, 2025, and continuing daily until the violations are corrected. A lien may also be imposed.

On April 14, 2025, Code Officer Wright testified that, as of the date of the hearing, the Respondent had removed the fill from the property but had not yet submitted an invoice showing the work performed on the property. The Special Magistrate granted an additional two (2) days from April 14, 2025, for the Respondent to submit the required invoice. The respondent has since provided the invoice within the time allowed and is therefore now in compliance with prior order.

In addition to the fine, the City’s costs of prosecution are imposed in the amount of $234.19, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida (if said costs have not previously been paid).

25-27

PHILIP A D’ANDREAMATTEO JR

1435 BROOK DRIVE, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-08-01-3-13

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED AND POSTED

~~1. Section 13-26; Trash, Dead Trees, Overgrowth~~

~~2. Section 13-73; Inoperative Vehicles Prohibited~~

~~3. Section 6-109; 2018 IPMC Section 304.6; Exterior Walls~~

4. Section 6-109; 2018 IPMC Section 304.7; Roofs and Drainage

On June 19, 2024, the subject property was given a Notice of Violation for the sections listed above and was given the date of July 29, 2024, to correct all violations. The following sections have been considered in compliance: Section 13-26; Trash, Dead Trees, Overgrowth, Section 13-73; Inoperative Vehicles Prohibited and Section 6-109; 2018 IPMC Section 304.6; Exterior Walls. Section 6-109; 2018 IPMC Section 304.7; Roofs and Drainage remains in violation.

On March 10, 2025, Code Enforcement Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $251.80 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was provided notice of this hearing and did not appear at the hearing.

Based on the evidence, Special Magistrate Fong is giving the subject property until 12:00pm (noon) on April 11, 2025, to correct violations. If compliance with all violations 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 April 12, 2025, and continuing daily until violations are corrected. A lien may also be imposed.

On April 14, 2025, Code Officer Flannigan testified that the property remains in violation as of the date of this hearing. The respondent was provided notice of this hearing and was present. The Special Magistrate granted the respondent an additional sixty (60) days from the date of the hearing to correct violation. If compliance is not achieved by June 13, 2025, a fine is imposed in the amount of $100.00 per day, retroactive April 12, 2025, and continuing daily until the violation is corrected to the written satisfaction of the Code Officer.

In addition to the fine, the City’s costs of prosecution are imposed in the amount of $251.80, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-30

VERMONT LLC

1091 S DE LEON AVE, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-03-54-13-3

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC Sec 309.4; Pest Infestation- Multiple Occupancy

2. Section 6-109; 2018 IPMC Sec 304.13.2 – Openable Windows

3. Section 6-109; 2018 IPMC Sec 304.15 – Exterior Doors

4. Section 6-109; 2018 IPMC Sec 304.7 – Roofs and Drainage

5. Section 6-109; 2018 IPMC Sec 305.3 – Interior Surfaces

6. Section 6-109; 2018 IPMC Sec 308.1 – Accumulation of rubbish or Garage

7. Section 6-109; 2018 IPMC Sec 602.3 – Heat Supply

8. Section 6-109; 2018 IPMC Sec 704.2; Fire Safety – Smoke Alarms Where Required

On January 19, 2025, the subject property was given a Notice of Violation for the sections listed above and was given until February 17, 2025, to correct all violations.

On April 14, 2025, Code Enforcement Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $146.14 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was provided notice of this hearing and did not appear at the hearing.

Based on the evidence submitted, the Special Magistrate ordered that the respondent shall correct the cited violations by 12:00pm (noon) on June 6, 2025. If compliance with all violations 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 June 7, 2025, and continuing daily until the violations are corrected. A lien may also be imposed.

In addition to the fine, the City’s costs of prosecution are imposed in the amount of $146.14, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-31

VERMONT LLC

1545 KINGS CT, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-09-10-*-15

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC Sec 605.4 – Electrical Equipment Wiring

2. Section 6-109; 2018 IPMC Sec 302.7 – Accessory Structures

3. Section 6-109; 2018 IPMC Sec 304.13 – Windows, Skylights, Door Frames

4. Section 6-109; 2018 IPMC Sec 304.13.2 – Openable Windows

5. Section 6-109; 2018 IPMC Sec 304.7 – Roofs and Drainage

6. Section 6-109; 2018 IPMC Sec 305.3 – Interior Surfaces

7. Section 6-109; 2018 IPMC Sec 305.6 – Interior Doors

8. Section 6-109; 2018 IPMC Sec 506.1 – Sanitary Drainage System General

9. Section 6-109; 2018 IPMC Sec 602.1 – Heating Facilities Required

10. Section 6-109; 2018 IPMC Sec 603.1 – Mechanical Appliances

11. Section 6-109; 2018 IPMC Sec 605.2 – Electrical Equipment Receptacles

12. Section 6-109; 2018 IPMC Sec 704.2; Fire Safety – Smoke Alarms Where Required

On January 22, 2025, the subject property was given a Notice of Violation for the sections listed above and was given until February 17, 2025, to correct all violations.

The respondent was provided notice of this hearing and did not appear at the hearing.

25-32

JL MIAMI HOMES LLC

990 ALFORD ST, TITUSVILLE, FL 32796

TAX PARCEL ID# 21-35-31-26-5-11

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 1-11.1.8 – Electrical cover Plates

2. Section 6-109; 2018 IPMC Sec 304.7 – Roofs and Drainage

3. Section 6-109; 2018 IPMC Sec 602.2; Heating – Residential Occupancies

4. Section 6-109; 2018 IPMC Sec 603.1 – Mechanical Appliances

5. Section 6-109; 2018 IPMC Sec 704.2; Fire Safety- Smoke Alarms Where Required

6. Section 6-56 (A) – Building Permit Required

On December 3,2024, the subject property was given a Notice of Violation for the sections listed above and was given until January 20,2025, to correct all violations.

On April 14, 2025, Code Enforcement Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $128.53 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was provided notice of this hearing and did not appear at the hearing.

In addition to the fine, the City’s costs of prosecution are imposed in the amount of $128.53, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-33

ROBERT C KIRK

KRYSTAL KIRK COOK

925 CLEVELAND ST, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-22-52-20-6

CODE ENFORCEMENT OFFICER: MAE WRIGHT

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC Sec 404.4.4 – Prohibited Occupancy Non-Habitable Space

2. Section 12-23 – Junk and Debris

~~3. Section 13-73 -~~ ~~Inoperative Vehicles Prohibited~~

4. Section 6-109; 2018 IPMC Section 304.13 – Windows, Skylights, Door Frames

On August 27,2024, the subject property was given a Notice of Violation for the sections listed above and was given until September 10,2024, to correct all violations.

On April 14, 2025, Code Enforcement Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $216.58 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was provided notice of this hearing and did appear at the hearing.

Based on the evidence submitted, the Special Magistrate ordered that the respondent shall remove all the items being stored outside the house and in the backyard and cease utilizing the porch and living room for sleeping purposes by 12:00pm (noon) on June 6, 2025. The Respondent shall further repair or replace the windows to function correctly and obtain any necessary permits by 12:00pm (noon) on July 11, 2025.

If compliance with all violations is not achieved by the above deadlines, a subsequent compliance/Massey hearing will be held. The Magistrate may impose a fine in the amount of $100.00 per day, per violation commencing June 7,2025 for any violations not corrected by the June 6,2025 deadline, and July 12, 2025, for the violation not corrected by the July 11,2025 deadline. Fines shall continue to accrue daily until the violations are corrected. A lien may also be imposed.

V. CODE ENFORCEMENT MANAGER’S REPORT – None
VI. ADJOURNMENT – 3:18 P.M

April 14, 2025 Special Magistrate Minutes

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