OCTOBER 11 2021 Special Magistrate Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday October 11, 2021
 2:00 PM

 

Council Chambers

 



 CODE ENFORCEMENT SPECIAL MAGISTRATE


CALL TO ORDER                                                                                                                     

The scheduled meeting of the Titusville Code Enforcement Special Magistrate was called to order at 2:00 pm in the Council Chambers 555 S Washington Avenue, Titusville, FL. 

 Present: 

Debra Nutcher, Special Magistrate
                 Chelsea Farrell, Assistant City Attorney

                

SWEARING IN OF WITNESSES

 

Jim Flannigan, Code Enforcement Officer
 Mae Wright, Code Enforcement Officer

HEARINGS

Code Enforcement Manager, Glenn Tolleson advised Special Magistrate Nutcher that the Respondent in case   21-27 and 21-31 had achieved compliance.

INITIAL HEARING

21-30                           ROYAL PALMS SENIOR APARTMENTS LP
                         911 S PARK AVENUE, TITUSVILLE, FL 32780
                         TAX PARCEL ID 22-35-04-00-758
                         CODE ENFORCEMENT OFFICER: Mae Wright
                         NOTICE OF HEARING: CERTIFIED AND POSTED

            1. Section 6-56; Permit Required 

At the October 11, 2021 Special Magistrate hearing Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $210.05 as Exhibit # 3. Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 
Nicky Smalls, property manager, was present and testified.

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before November 5, 2021 or a fine of $50.00 per day, per violation will be imposed. The fine shall commence on November 6, 2021 if the violation is not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $210.05.


MASSEY HEARING

 21-21
                           AMBER A AUBURN
                                     4505 BARNA AVENUE, TITUSVILLE, FL 32780
                                     TAX PARCEL ID # 22-35-21-50-*-1
                                      Code Enforcement Officer: Mae Wright
                                      Notice of Hearing: Certified and Posted
                                              
                                      
1. Section 12-23; Junk and Debris
                                      2. Section 28-391; Residential Accessory Buildings and Structures
                                       

At the September 13, 2021 Special Magistrate hearing Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. 


Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Officer Wright entered a powerpoint presentation as Exhibit #4.

Steven Peachy, was present and testified on behalf of the owner. 

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before October 7, 2021 or a fine of $25.00 per day, per violation will be imposed. The fines shall commence on October 8, 2021 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $174.83.


Code Officer, Mae Wright, was present and provided testimony on behalf of the City; and submitted a Notice of Hearing and Affidavit of posting as Exhibit #1.
 
 Special Magistrate Debra Babb-Nutcher imposed a fine in the amount of $25.00 per day for the violation of Section 12-23 Junk and Debris and Section 28-391; Residential Accessory Buildings and Structures. The fine will commence October 8, 2021. 

 

                


MASSEY HEARING

21-24                           CAGNY B UNDERWOOD
                         19 N DE LEON AVENUE, TITUSVILLE, FL 32796
                         TAX PARCEL ID 21-35-34-51-1-3
                         CODE ENFORCEMENT OFFICER: Jim Flannigan
                         NOTICE OF HEARING: CERTIFIED AND POSTED

            1. Section 13-26; Overgrowth

2. Section 6-109; 2018, Property Maintenance; Sub Section 304.13, Windows/Skylights/Doors

At the September 13, 2021 Special Magistrate hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Flannigan submitted a Cost Recovery Statement in the amount of $139.61 as Exhibit # 3. Officer Flannigan entered a powerpoint presentation as Exhibit #4.

A respondent was not present and testified on behalf of the owner. 
 

 Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before October 7, 2021 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on October 8, 2021 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $139.61.

Code Officer, Jim Flannigan, was present and provided testimony on behalf of the City; and submitted a Notice of Hearing and Affidavit of posting as Exhibit #1.
 
  Special Magistrate Debra Babb-Nutcher imposed a fine in the amount of $50.00 per day for the violation of Section 6-109; 2018, Property Maintenance; Sub Section 304.13, Windows/Skylights/Doors.
 The fine will commence October 8, 2021. 

 

 

 

 

 

 

 

 

 

INITIAL HEARING

21-33                GREGORY PETTENGILL
                         1002 QUEEN STREET, TITUSVILLE, FL 32780
                         TAX PARCEL ID 22-35-09-16-*-7
                         CODE ENFORCEMENT OFFICER: Jim Flannigan
                         NOTICE OF HEARING: CERTIFIED AND POSTED

            1. Section 12-23; Junk and Debris 8/12/2021 compliance
             2. Section 13-26; Overgrowth 8/12/2021 compliance

At the October 11, 2021 Special Magistrate hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Flannigan submitted a Cost Recovery Statement in the amount of $86.78 as Exhibit # 3. Officer Flannigan entered a powerpoint presentation as Exhibit #4. Officer Flannigan testified that the property was in violation but is now in compliance. 
 
 Gregory Pettengill, property owner, was present but did not testify. 

Special Magistrate Debra Babb-Nutcher did find that the property was in violation of Section 12-23, Junk and Debris and Section 13-26; Conditions contributing to a public nuisance and furthermore that the property is now in compliance. Special Magistrate Nutcher did not impose a daily fine for the days that the property was in violation. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $86.78.

                                    

 


INITIAL HEARING

21-29                C CUBES STRIP LLC
                         5155 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
                         TAX PARCEL ID 22-35-26-BF-*-29
                         CODE ENFORCEMENT OFFICER: Mae Wright
                         NOTICE OF HEARING: CERTIFIED AND POSTED

            1. Section 6-56; Permit Required

 

At the October 11, 2021 Special Magistrate hearing Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $227.66 as Exhibit # 3. Officer Wright entered a powerpoint presentation as Exhibit #4.

Tuan Le, property owner, was present and testified.
 

 Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before December 10, 2021 or a fine of $250.00 per day, per violation will be imposed. The fines shall commence on December 11, 2021 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $227.66.

 

 

 

 

 

 

 

  1. CODE ENFORCEMENT MANAGER’S REPORT
     
     

No report

 

  1. ADJOURNMENT    3:10 PM