Municipal Code Enforcement Board Agenda 10/12/2020

  1. Agenda

Meeting Agenda 

October 12, 2020

2:00 PM
 
Council Chambers

 Code Enforcement Board 

THE CITY DESIRES TO ACCOMMODATE PERSONS WITH DISABILITIES.  ACCORDINGLY, ANY PERSON WHO REQUIRES AN ACCOMODATION, PURSUANT TO CHAPTER 286.26 FLORIDA STATUTES, SHOULD, AT LEAST 48 HOURS PRIOR TO THE MEETING, SUBMIT A WRITTEN REQUEST TO THE CHAIRPERSON DETAILING THE ACCOMODATION REQUIRED.

ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE CODE ENFORCEMENT BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

ANY PERSON OR DEFENDANT WHO REQUESTS TO REVIEW OR OBJECT TO ANY EXHIBITS PRESENTED TO THE CODE ENFORCEMENT BOARD BY THE CITY OF TITUSVILLE PRIOR TO SUBMISSION TO THE CODE ENFORCEMENT BOARD, MUST STAND AND STATE THEIR REQUESTS TO REVIEW THE EXHIBITS PRIOR TO REVIEW BY THE BOARD AT THE TIME THEIR CASE OR AGENDA ITEM COMES BEFORE THE BOARD FOR HEARING.

ANY PERSON FOUND TO BE IN VIOLATION OF THE CITY OF TITUSVILLE CODE OF ORDINANCES AND GIVEN A TIME FRAME IN WHICH TO COMPLY SHALL, UPON COMPLIANCE, BE RESPONSIBLE FOR CONTACTING THE CODE ENFORCEMENT SUPERVISOR FOR AN INSPECTION TO VERIFY SAID COMPLIANCE.  THE VIOLATION WILL NOT BE CONSIDERED TO BE IN COMPLIANCE UNTIL THE CODE ENFORCEMENT SUPERVISOR IS NOTIFIED AND VERIFIES COMPLIANCE.

 

  1. CALL TO ORDER

  2. PLEDGE OF ALLEGIANCE

  3. DETERMINATION OF QUORUM 

  4. SWEARING IN OF WITNESSES 

  5. APPROVAL OF MINUTES SEPTEMBER 14, 2020 BOARD MEETINGS

  6. HEARINGS

CONTINUED FROM SEPTEMBER 14, 2020

20-12 CEB                    
HISPANIOLA HOMES, LLC
A&N FINANCIAL, LLC
110 CHAPEL LANE, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-31-50-1-26
Code Enforcement Officer: Frank Lewis
 Notice of Hearing: Certified and Posted 

                           Case 20-12 was continued at the July 13, 2020 Meeting. 

Violation:
1. Section 6-109 Property Maintenance;
Sub Section 301.3 – Vacant Structure and Land
2. Section 6-109 Property Maintenance;
Sub Section 304.1 – General Exterior Maintenance
3. Section 6-109 Property Maintenance;
Sub Section 305.1 – General Interior Maintenance

Case summary of actions:
 Frank Lewis, Code Enforcement Officer, was present and testified on behalf of the City. Officer Lewis entered a Notice of Violation, proof of mailing, and Affidavit of Posting as Exhibit #1. Officer Lewis entered a Notice of Hearing and Complaint, proof of mailing, Affidavit of posting as Exhibit #2. Officer Lewis submitted a Cost Recovery Statement in the amount of $138.85 as Exhibit # 3. 

Fernando Moya, a representative for Hispaniola Homes, LLC / A&N Financial, LLC was present at the hearing and provided testimony.
 

 
MOTION BY RL GRANT, SECONDED BY NORM HERMAN THAT THE BOARD CONTINUE CASE 20-12 UNTIL NEXT SCHEDULED BOARD MEETING.

 

At the September 14, 2020 Board Meeting Officer Lewis testified that the respondent had been working with the building department however the property remains in violation.  Assistant City Attorney Farrell advised the board that the City would like to continue Case 20-12 until the next regularly scheduled board meeting.

 

MOTION BY ASHLEY EDENS, SECONDED BY NORM HERMAN THAT THE BOARD CONTINUE CASE 20-12 UNTIL NEXT SCHEDULED BOARD MEETING.
 


 

MASSEY HEARING

20-24 CEB                            
FRED C WHITAKER, JR
FRED C WHITAKER, SR
3945 DEAUVILLE STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-31-51-7-13
Code Enforcement Officer: Frank Lewis
                                 Notice of Hearing: Certified and Posted

                Violation:
1. Section 6-109; Property Maintenance;
Sub Section 304.1 – General Exterior Maintenance
2. Section 6-109; Property Maintenance;
Sub Section 304.6 – Exterior Walls – Rotten Wood
3. Section 12-23; Junk and Debris
4. Section 13-26; Overgrowth

 

Case summary of actions:
 Frank Lewis, Lead Code Enforcement Officer, was present and testified on behalf of the City. Officer Lewis entered a Notice of Violation, proof of mailing, and Affidavit of Posting as Exhibit #1. Officer Lewis entered a Notice of Hearing and Complaint, proof of mailing, Affidavit of posting as Exhibit #2. Officer Lewis submitted a Cost Recovery Statement in the amount of $156.46 as Exhibit # 3. 

Fred C Whitaker, Jr and Fred C Whitaker, Sr were not present at the hearing. 

MOTION BY RL GRANT, SECONDED BY NORM HERMAN THAT THE BOARD ISSUE ITS FINDING OF VIOLATION AND ORDERING THE RESPONDENT TO CORRECT THE VIOLATION ON OR BEFORE AUGUST 7 2020, IF THE VIOLATION IS NOT CORRECTED A FINE IN THE AMOUNT OF $50.00 WILL BE IMPOSED FOR EACH CODE SECTION VIOLATION ON AUGUST 10, 2020.THE BOARD ASSESSED COSTS IN THE AMOUNT OF $156.45.

At the September 14, 2020 board meeting Assistant City Attorney Farrell requested that the board continue Case 20-24 until the next regularly scheduled board meeting. 


 
MOTION BY ASHLEY EDENS, SECONDED BY ROBBIN PORTER THAT THE BOARD CONTINUE CASE 20-24 UNTIL THE NEXT REGULARLY SCHEDULED BOARD MEETING.

 

MASSEY HEARING

 

20-26 CEB                
  O’LEARY ENTERPRISES, INC.                                 Compliance 9/22/2020
C/O GREGORY A O’LEARY SR
4475 SOUTH STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-AV-*-111
Code Enforcement Officer: Mae Wright
 Notice of Hearing: Certified and Posted

                                    Violation:
 1. Section 6-56 – Permit Required – New Asphalt Driveway

Case summary of actions:

 Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation, proof of mailing, and Affidavit of Posting as Exhibit #1. Officer Wright entered a Notice of Hearing and Complaint, proof of mailing, Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $121.24 as Exhibit # 3. 

Gregory A O’Leary, a representative for O’Leary Enterprises, Inc. was present at the hearing and provided testimony. 

   MOTION BY RL GRANT, SECONDED BY NORM HERMAN THAT THE BOARD ISSUE ITS FINDING OF VIOLATION AND ORDERING THE RESPONDENT TO CORRECT THE VIOLATION ON OR BEFORE AUGUST 7 2020, IF THE VIOLATION IS NOT CORRECTED A FINE IN THE AMOUNT OF $100.00 WILL BE IMPOSED FOR EACH CODE SECTION VIOLATION ON AUGUST 10, 2020.THE BOARD RESERVED JURISDICTION TO IMPOSE COSTS IN THE AMOUNT OF $121.24.

      At the September 14, 2020 board meeting Gregory A O’Leary waived the right to a Notice of Hearing from the City.

 Mae Wright, Code Enforcement Officer, 
was present and testified on behalf of the City. Officer Wright explained the case history and stated the violations still remain on the property.

Gregory A O’Leary provided testimony and requested 45-60 days to come into compliance.

 
MOTION BY ASHLEY EDENS, SECONDED BY ROBBIN PORTER THAT THE BOARD CONTINUE CASE 20-26 UNTIL THE NEXT REGULARLY SCHEDULED BOARD MEETING.

 

 

MASSEY HEARING
 

 
20-30 CEB                  
 SECURED CAPITAL TRUST LLC TRUSTEE
4355 WESTLAKE DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-52-1-25
Code Enforcement Officer: Mae Wright
Notice of Hearing: Certified and Posted

 
1. Section 13-26; Overgrowth
2. Section 6-109; Sub Section 303.1 – Swimming Pools
3. Section 6-109; Sub Section 303.2 – Swimming Pool Enclosures

                                     
Case summary of actions:
                      


MASSEY HEARING

 

20-31 CEB                   
 KENNETH A MCLANE
2635 SLASH PINE COURT
4355 WESTLAKE DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-01-3-4
Code Enforcement Officer: Mae Wright
 Notice of Hearing: Certified and Posted

  1. Section 12-23; Junk and Debris

Case summary of actions:
 
Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation, proof of mailing, and Affidavit of Posting as Exhibit #1. Officer Wright entered a Notice of Hearing and Complaint, proof of mailing, Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $262.88 as Exhibit # 3.
 

Kenneth A McLane was not present at the hearing.

 
MOTION BY ASHLEY EDENS, SECONDED BY NORM HERMAN THAT THE BOARD ISSUE ITS FINDING OF VIOLATION AND ORDERING THE RESPONDENT TO CORRECT THE VIOLATION ON OR BEFORE OCTOBER 9 2020, IF THE VIOLATIONS ARE NOT CORRECTED A FINE IN THE AMOUNT OF $50.00 WILL BE IMPOSED FOR EACH CODE SECTION VIOLATION ON OCTOBER 12, 2020. THE BOARD ASSESSED COSTS IN THE AMOUNT OF $262.88.
 

 
Aye: 4 – Norm Herman, Robin Porter, Ashley Edens, Pat Bell
 Nay: 0                   

Absent : 1 – William Killpartrick

 


MASSEY HEARING

 

20-32 CEB                    
WALGREENS STORE 3492
MERWALALL c/o EASTERN STATES PROPERTIES
2935 GARDEN STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-32-00-517
Code Enforcement Officer: Kyle Mack
 Notice of Hearing: Certified and Posted

  1. NFPA 25-5.1.1.2 – Quarterly Sprinkler Inspections

Case summary of actions:
 
Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation, proof of mailing, and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint, proof of mailing, Affidavit of posting as Exhibit #2. Fire Inspector Mack submitted a Cost Recovery Statement in the amount of $157.22 as Exhibit # 3.

 No representative for Walgreen Store 3492 or Merwallall c/o Eastern States Properties were present at the hearing.

MOTION BY ROBBIN PORTER, SECONDED BY ASHLEY EDENS THAT THE BOARD ISSUE ITS FINDING OF VIOLATION AND ORDERING THE RESPONDENT TO CORRECT THE VIOLATION ON OR BEFORE OCTOBER 9 2020, IF THE VIOLATIONS ARE NOT CORRECTED A FINE IN THE AMOUNT OF $50.00 WILL BE IMPOSED FOR EACH CODE SECTION VIOLATION ON OCTOBER 12, 2020. THE BOARD ASSESSED COSTS IN THE AMOUNT OF $157.22.

 
Aye: 4 – Norm Herman, Robin Porter, Ashley Edens, Pat Bell
 Nay: 0                   

Absent : 1 – William Killpartrick


INITIAL HEARINGS

20-34                          
 TITUSVILLE MALL LLC
3550 S WASHINGTON AVENUE, SUITE 30, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-82-*-1
Code Enforcement Officer: Kyle Mack
 Notice of Hearing: Certified and Posted

  1. NFPA 25-4.1.1.1 – Fire Sprinkler System Servicing

  2. NFPA 101-8.5.6 – Penetrations in Fire Wall

     

20-35                           
TITUSVILLE MALL LLC
3550 S WASHINGTON AVENUE, SUITE 21, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-82-*-1
Code Enforcement Officer: Kyle Mack
 Notice of Hearing: Certified and Posted

  1. NFPA 25-4.1.1.1 – Fire Sprinkler System Servicing

     

20-36                           
RAMESHWAR N MATHUR
2501 DOROTHY CIRCLE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-81-2-19
Code Enforcement Officer: Mae Wright
Notice of Hearing: Certified and Posted

 

  1. Section 13-26; Overgrowth

  2. Section 6-109; 302.7 – Accessory Structures – Fence

  3. Section 6-109; 505.4 – Water Heating Facilities

     

20-37                           
LORRAINE LOUISE SILVERS
2280 BEECHWOOD COURT, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-16-BA-4-2
Code Enforcement Officer: Mae Wright
 Notice of Hearing: Certified and Posted


 
1. Section 28-391 – Accessory Buildings and Structures
 2. Section 6-56 – Construction Permit Required


INITIAL HEARINGS


20-38          
TIMOTHY ELMORE
MICHELE AKINS
1011 ENGLISH STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-33-78-8-.02
Code Enforcement Officer: Ken Hutchings
Notice of Hearing: Certified and Posted
                         

  1. Section 12-23-Junk and Debris

     

 

20-39             
 ROGERS OUTBOARD SALE & SERVICE INC
C/O CRYSTAL MONTGOMERY
1103 GARDEN STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-04-01-41
Code Enforcement Officer: Ken Hutchings
Notice of Hearing: Certified and Posted

 
1. Section 34-10 – Permit Required

 

            

  1. BOARD ATTORNEY’S REPORT

     

  2. CITY ATTORNEY’S REPORT

     

  3. CODE ENFORCEMENT MANAGER’S REPORT

     

  4. CHAIRMAN’S REPORT 

     

  5. BOARD MEMBER’S REPORT

     

  6. ADJOURNMENT