June 9, 2025 Special Magistrate Minutes

MEETING MINUTES 

Monday, June 9, 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: 

Ryan Fong, 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 MAY 12, 2025, HEARING MINUTES – Approved by Special Magistrate Fong.

IV. HEARINGS

 

MUNICIPAL TRESPASS WARNING APPEAL

On February 12, 2025, the Titusville Police Department issued Mr. Thomas Bass a trespass warning for the City of Titusville City Hall complex. Mr. Bass has requested an appeal to the trespass. In accordance with Titusville Code of Ordinances Sections 13-120-123 and Sections 810.08 and/or 810.09.
 
On March 24, 2025, a special hearing was held to conduct the appeal of Mr. Bass. Mr. Bass was present at that hearing and requested an extension from the Special Magistrate, Don Nguyen. The Special Magistrate granted the request for the extension of the case to a time certain of 12:00 p.m. July 14, 2025.
 
On May 27, 2025, Mr. Bass contacted the City Attorney's Office requesting to move his previous scheduled hearing from July 14, 2025, due to difficulties in receiving his requested public information from the city.

On June 9, 2025, Special Magistrate Fong approved Mr. Bass’ request, and a new hearing is scheduled for October 13, 2025, at 12:00pm (noon).

 

LIEN REDUCTION HEARINGS

None


MASSEY HEARINGS

25-23
C Cubes Strip LLC
5155 S Washington Ave, Titusville, FL 32780
Parcel ID # 22-35-26-BF-*-29

Code Enforcement Officer: Mae Wright
Notice of Violation: Certified and Posted

 

1. SEC. 6-109; 2018 IPMC SEC. 505.3 – Water Supply

 

On March 10, 2025, Code Officer Wright entered a Notice of Hearing and Affidavit of posting as exhibit #1, a cost recovery statement in the amount of $234.19 as exhibit #2, final orders from the initial hearing as exhibit #3 and a PowerPoint presentation as exhibit #4. 

 

Tuan Le, the registered agent for the respondent, C Cubes Strip LLC, was present and provided testimony.  

 

Based on the evidence provided, the Special Magistrate ordered respondent to correct the cited violations by 12:00pm (noon) on May 9, 2025. Corrective actions include performing all repairs to the water supply system, repairing sidewalk and retention areas and obtaining all required permitting for the work. If compliance with violation is not achieved by date given, 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 on May 10, 2025, and continuing daily until the violation is corrected. 


On June 9, 2025, during the hearing, Officer Wright confirmed that no actions or permits to correct the violation have been completed and property remains in violation. 

 

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

 

Based on the evidence, Special Magistrate Fong imposed a fine of $100.00 per day per violation commencing on May 10, 2025, and continuing daily until violations are corrected. In addition to the fine imposed, the respondent shall pay the City’s costs of prosecution in the amount of $234.19. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL.

 

25-30
Vermont LLC
1091 S De Leon Ave, Titusville, FL 32780
Parcel ID# 21-35-03-54-13-3

Code Enforcement Officer: Jim Flannigan
Notice of Violation: Certified and Posted

 

1. SEC. 6-109; 2018 IPMC SEC. 304.13.2 - Openable Windows
2. SEC. 6-109; 2018 IPMC SEC. 304.15 – Exterior Doors 
3. SEC. 6-109; 2018 IPMC SEC. 304.7 – Roof and Drainage 
4. SEC. 6-109; 2018 IPMC SEC. 305.3 – Interior Surfaces 
5. SEC. 6-109; 2018 IPMC SEC. 308.1 – Accumulation of Rubbish or Garbage 
6. SEC. 6-109; 2018 IPMC SEC. 602.3 – Heat Supply 
7. SEC. 6-109; 2018 IPMC SEC. 704.2 – Fire Safety – Smoke Alarms when Required 
8. SEC 6-109; 2018 IPMC SEC. 309.4 – Pest Infestation- Multiple Occupancy

 

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.

 

On June 9, 2025, Code Officer Flannigan testified the property remains in violation. Based on the testimony and evidence presented, a fine was imposed of $100.00 per violation per day, commencing June 7, 2025, and continuing daily until the violations are corrected.

 

In addition to the fine imposed, the respondent shall pay the City’s costs of prosecution in the amount of $146.14. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL.

 

25-31
Vermont LLC
1545 Kings Court, Titusville, Florida 32780

Parcel ID# 22-35-09-10-*-15

Code Enforcement Officer: Jim Flannigan
Notice of Violation: 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 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.

 

On June 9, 2025, Code Officer Flannigan testified the property remains in violation. Based on the testimony and evidence presented, a fine was imposed of $100.00 per violation per day, commencing June 7, 2025, and continuing daily until the violations are corrected.

 

In addition to the fine imposed, the respondent shall pay the City’s costs of prosecution in the amount of $146.14. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL.

 

25-32
JL Miami Homes LLC
990 Alford Street
3446 SW 8th Street, Miami, Florida 33130 - Owner
Parcel ID# 21-35-31-26-5-11

Code Enforcement Officer: Jim Flannigan
Notice of Violation: Certified and Posted

 

1. NFPA 1-11.1.8 Electrical Cover Plates
2. SEC. 6-109; IPMC Sec. 304.7 Roofs and Drainage
3. SEC. 6-109; IPMC Sec. 704.2 Fire safety – Smoke Alarms Where Required
4. 6-56(A) Building Permit Required
5. SEC. 6-109; IPMC Sec. 602-2 Heating-Residential Occupancies
6. SEC. 6-109; IPMC Sec. 603.1 Mechanical Appliances

 

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.

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.

On June 9, 2025, Code Officer Flannigan testified the property remains in violation. Based on the testimony and evidence presented, a fine was imposed of $100.00 per violation per day, commencing June 7, 2025, and continuing daily until the violations are corrected.

 

In addition to the fine imposed, the respondent shall pay the City’s costs of prosecution in the amount of $128.53. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL.

 

25-33
Robert C Kirk
Krystal Kirk Cook
925 Cleveland Street, Titusville, FL 32780
Parcel ID # 22-35-22-52-20-6

Code Enforcement Officer: Mae Wright
Notice of Violation: Certified and Posted


1. Sec. 6-109; IPMC Sec.404.4.4 - Prohibited Occupancy Non-Habitable Space
2. Sec. 12-23 – Junk and Debris
3. Sec. 13-73 - Inoperative Vehicles Prohibited Corrected March 10, 2025
4. Sec. 6-109; IPMC Sec. 304.14 - Window, Skylights, and Door Frames

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.

On June 9, 2025, Code Officer Wright testified the property remains in violation of Sec. 12-23 – Junk and Debris. Based on the testimony and evidence presented, a fine was imposed of $100.00 per violation per day, commencing June 7, 2025, and continuing daily until the violations are corrected.

 

In addition to the fine imposed, the respondent shall pay the City’s costs of prosecution in the amount of $216.58. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL.

 

25-67
Nicole's Appliances by Danny
3304 S Hopkins Ave, Titusville, FL 32780
Parcel ID # 22-35-15-75-8-1

Code Enforcement Officer: Jim Flannigan
Notice of Hearing: Certified and Posted

 

1. Sec. 11-31 Business Tax Receipt Required and Fire Inspection


On May 12, 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 and a Cost Recovery Statement in the amount of $216.58.

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

On June 9, 2025, Code Officer Flannigan testified the property remains in violation. Based on the testimony and evidence presented, a fine was imposed of $200.00 per violation per day, commencing June 7, 2025, and continuing daily until the violation is corrected.

In addition to the fine imposed, the respondent shall pay the City’s costs of prosecution in the amount of $216.58. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL.

 

INITIAL HEARINGS

25-61
Elizabeth Oleson
2767 Pine Ridge Dr, Titusville, FL 32780
Parcel ID # 22-35-08-HY-2-38

Code Enforcement Officer: Jim Flannigan
Notice of Violation: Certified and Posted

 

1. Section: 12-23 Junk and Debris

 

Code Enforcement Officer Flannigan testified that the property was inspected and found to be in violation of City Code Section 12-23. A notice of violation was issued giving a reasonable time to correct violation.

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

On June 9, 2025, Code Enforcement Officer Flannigan testified that, as of the hearing, the property is in compliance and does not remain in violation.

The City’s costs of prosecution in the amount of $181.36 shall not be imposed unless the respondent and property are found to be in repeat violation of City Code Section 12-23. This case is hereby closed.

 

V. CODE ENFORCEMENT MANAGER’S REPORT – None.
 

VI. ADJOURNMENT – 2:31PM.