- Code Enforcement Special Magistrate Meeting
- September 11 2023 Special Magistrate Hearing Minutes
September 11 2023 Special Magistrate Hearing Minutes
CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday September 11, 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
Kyle Mack, Fire Inspector
Jim Flannigan, Code Enforcement Officer
Ken Hutchings, Code Enforcement Officer
SWEARING IN OF WITNESSES
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.
At the September 11, 2023 Special Magistrate Nutcher issued a corrected findings of fact, conclusions of law and order. Special Magistrate Nutcher removed the requirement of a demolition permit from the previously issued findings of fact, conclusions of law and order and provided the Respondent an additional 14 days to correct the violation. Respondent shall correct the cited violation by 12:00 p.m. (noon) September 25, 2023. If compliance 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 commencing July 25, 2023, and continuing until compliance has been verified.
INITIAL HEARING
23-50
ORCA PROPERTIES
4265 SOUTH STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-AV-*-79.01
CODE ENFORCEMENT OFFICER: KYLE MACK
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 3-13 – Response to Alarms
At the September 11, 2023 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Fire Inspector Mack submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.
There was no Respondent present.
At the September 11, 2023 Special Magistrate Debra Nutcher ordered that the respondent correct the violation of 1) Section 3-13; Response to alarms, by paying a fine in the amount of $290.00 by 12:00 pm (noon) on October 10, 2023. If compliance is not achieved by this date, a subsequent compliance/Massey hearing will be held, and further penalties may be considered. The City’s costs of prosecution are imposed in the amount of $128.53.
COMPLIANCE HEARING COMPLIANCE 8/30/2023
23-33
R W KIRK FAMILY LIMITED PARTNERSHIP
4710 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-26-BF-*-8
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 6-109; 2018 IPMC SEC. 304.6 Exterior Walls
2. Section 6-109; 2018 IPMC SEC. 304.7 Roof and Drainage
At the July 10, 2023 Special Magistrate hearing Mae Wright, Code 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.
Attorney Bill Gaulden represented R W Kirk Family Limited Partnership and advised Special Magistrate Nutcher on the current status of the property.
Jessie Kirk, testified on behalf of R W Kirk Family Limited Partnership in reference to the status of the property.
Special Magistrate Nutcher issued a findings of fact, conclusions of law and order, finding a violation of Section 6-109; 2018 IPMC Section 304.6- Exterior Walls and Section 6-109; 2018 IPMC Section 304.7-Roofs and Drainage. Respondent shall correct the cited violation by obtaining the demolition permit and starting work by 12:00 pm (noon) on September 8, 2023. After the permit is issued, Respondent shall follow all proper steps of the permitting process. If compliance 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 $50.00 per day, per violation (2 violations) 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 $163.75.
Code Manager Tolleson advised that Case 23-33 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.
At the September 11, 2023 hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Hearing and Affidavit of Posting as Exhibit 1.
Respondent was not present at the hearing.
At the September 11, 2023 hearing Special Magistrate Nutcher issued an order imposing fine and lien due to non-compliance with the previous order. Special Magistrate Nutcher imposed a fine in the amount of $50.00 per day per violation commencing September 9, 2023, 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 $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
At the September 11, 2023 hearing Ken Hutchings, Code Enforcement Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Hearing and Affidavit of Posting as Exhibit 1.
Respondent was not present at the hearing.
At the September 11, 2023 hearing Special Magistrate Nutcher issued an order imposing fine and lien due to non-compliance with the previous order. Special Magistrate Nutcher imposed a fine in the amount of $25.00 per day per violation commencing September 9, 2023, 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 $146.14
INITIAL HEARING
23-52
JAMES M HANLEY
KATHLEEN L HANLEY
7 LEMOINE AVENUE, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-04-00-267
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 September 11, 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 Hutchings submitted a Cost Recovery Statement in the amount of $216.58 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
James M Hanley, property owner, was present and provided testimony.
At the September 11, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 13-73 – Inoperative Vehicles Prohibited, by 12:00 pm (noon) on October 6, 2023. If the violations are not in compliance by October 7, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, per violation, commencing October 7, 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 $216.58.
INITIAL HEARING
23-52
GARDEN SQUARE DEVELOPERS INC
1701 GARDEN STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-04-00-251
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED
1. Section 13-26 –Overgrowth
Code Manager Tolleson requested that Case 23-52 be continued one month.
CODE ENFORCEMENT MANAGER’S REPORT
No report
I. ADJOURNMENT 2:41 PM