August 14 2023 Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday August 14, 2023  
 
 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 City Hall, Council Chambers, 555 S Washington Avenue, Titusville, FL. 

 Present: 

Debra Nutcher, Special Magistrate
 Glenn Tolleson, Code Enforcement Manager
 Chelsea Farrell, Assistant City Attorney 
 Jim Flannigan, Code Enforcement Officer
 Ken Hutchings, Code Enforcement Officer

SWEARING IN OF WITNESSES

COMPLIANCE/RESCIND PRIOR ORDER 
 22-42
 ACN COMPANY
 2459 CHENEY HWY UNIT 16, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-1
 CODE ENFORCEMENT OFFICER: KYLE MACK
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 Special Magistrate Nix issued an Order finding compliance and rescinding prior order’s assessment of costs. 

INITIAL HEARING
 23-34
EMMA PORTLOCK
 1121 SECOND AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-54-11-13
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1.Section 12-23 – Junk and Debris
 2. Section 13-73 – Inoperative Vehicles Prohibited 
 
 At the July 10, 2023 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. 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 $287.02 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 There was no Respondent present.
 
 

At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) 13-73 Inoperative Vehicles; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by August 11, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing August 12, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $287.02. 

At the August 14, 2023 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Flannigan testified that the property remained in violation. 
 
 There was no Respondent present.
 
 At the July 10, 2023 Special Magistrate Nix issued an order and imposed a fine in the amount of $50.00 per day, per violation, commencing August 12, 2023, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. Additionally, the City’s costs of prosecution are imposed in the amount of $287.02. 

MASSEY HEARING                                                                                  COMPLIANCE 8/2/2023
 23-35
SPACE COAST RENTAL LLC
 4230 MOUNT VERNON, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-22-03-7-11
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 (A) – Building Permit Required
2.Section 6-109; 2018 IPMC SEC. 302.3 – Sidewalks and Driveways

At the July 10, 2023 Special Magistrate hearing Ken Hutchings, Code Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Hutchings submitted a Cost Recovery Statement in the amount of $216.58 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.
 
 Dr. Faiaz Rasul, Respondent, was present and provided testimony.

Shawn Rhynes, concrete contractor, was also present and provided testimony.
 
 At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-56 (a) – Permit Required; by 12:00 pm (noon) on August 11, 2023. If the violations are not in compliance by August 11, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, per violation, commencing August 12, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. Special Magistrate Nutcher reserved a ruling on imposition of the City’s cost of prosecution until any subsequent hearing.

Code Manager Tolleson advised Special Magistrate Nix that Case 23-35 was in compliance.

MASSEY HEARING
 23-39
VERMONT LLC
 1545 KINGS COURT, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-09-10-*-15
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 IPMC Section 303.1 Swimming Pools

At the July 10, 2023 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. 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 $163.75 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 There was no Respondent present.

 At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 303.1 – Swimming Pools; by 12:00 pm (noon) on July 24, 2023. If the violations are not in compliance by July 25, 2023 at 12:00 pm (noon) a fine in the amount of $100.00 per day, per violation, commencing July 25, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $163.75

Special Magistrate Nix advised the City that Case 23-39 would be continued until the next hearing date. 
 
 MASSEY HEARING                                                                               COMPLIANCE 7/31/2023
 23-43
CAPE TITUS LLC 
 531 ROCK PIT ROAD, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-04-08-*-2C
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 Section 302.7; Accessory Structures

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

3. Section 6-109; 2018 IPMC Section 304.1; General Exterior Maintenance

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

At the July 10, 2023 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. 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 $146.14 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 There was no Respondent present.
 
 At the July 10, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC 302.7; Accessory Structures – Fence, 2) Section 6-109; 2018 IPMC 302.4; Overgrowth and Weeds, 3) Section 6-109; 2018 IPMC 304.1; General Exterior Maintenance, 4) Section 6-109; 2018 IPMC 304.7; Roofs and Drainage; by 12:00 pm (noon) on August 11, 2023. If the violations are not in compliance by August 11, 2023 at 12:00 pm (noon) a fine in the amount of $100.00 per day, per violation, commencing August 12, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $146.14

Code Manager Tolleson advised Special Magistrate Nix that Case 23-43 was in compliance.

INITIAL HEARING
 23-46
TOMMIE L POUNCEY ESTATE 
 918 WAGER AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-51-*-108
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 Section 302.7; Accessory Structures

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

3. Section 12-23; Junk and Debris

At the August 14, 2023 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Hutchings 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 $110.92 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

There was no Respondent present.
 
 At the August 14, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC 302.7; Accessory Structures, 2) Section 6-109; 2018 IPMC 304.13; Windows, Skylights, Door Frames, 3) Section 12-23; Junk and Debris by 12:00 pm (noon) on September 8, 2023. If the violations are not in compliance by September 8, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing September 9, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $110.92.

INITIAL HEARING
 23-49
DANA C CARTER
 2196 HERITAGE DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-09-56-*-7
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 IPMC Section 304.1; General Exterior Maintenance

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

At the August 14, 2023 Special Magistrate hearing Ken Hutchings, Code Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Hutchings submitted a Cost Recovery Statement in the amount of $146.14 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

There was no Respondent present.

At the August 14, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC 304.1; General Exterior, 2) Section 6-109; 2018 IPMC 304.13; Windows, Skylights, Door Frames, by 12:00 pm (noon) on September 8, 2023. If the violations are not in compliance by September 8, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, per violation, commencing September 9, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $146.14

 
 CODE ENFORCEMENT MANAGER’S REPORT
 No report
 I. ADJOURNMENT 2:42 PM