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The City of Titusville, Florida / Police / Code Enforcement

Monday, February 08, 2016

CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, FEBRUARY 8, 2016 

 
COUNCIL CHAMBER                   CITY HALL                                     2:00 P.M.
 
The Municipal Code Enforcement Board held its regular meeting at 2:00 p.m. in the Council Chamber, second floor of City Hall, 555 S. Washington Avenue, Titusville, Florida.
 
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Members present: Chairman Mike Cunningham, Vice Chairman Pat Bell, Member Jean Hillock, Member Gina Beckles, and Member Moniz.
 
Members absent: Member Darrell Barrett and Alternate Board Member Maureen Staccato.
 
City Staff present were: Officer Bob Crisco, Officer Tom Floyd, Officer Frank Lewis, Officer Megan Laurencio, Customer Service Manager Carrie Beatty and Code Enforcement Manager Glenn Tolleson. Also present was Assistant City Attorney Chelsea Farrell and Board Attorney Rick Rogers.
 

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The meeting was called to order at 2:00 p.m. The entire assembly recited the Pledge of Allegiance to the Flag.
 
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Vice Chairman Bell made a motion for approval of the January 11, 2016 minutes. Member Hillock seconded. Motion carried by unanimous voice vote.
 
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VII.     Old Business
 
Case #13-49 Northwood Investments LLC – 3800-3810 S Washington Avenue
Code Manager Glenn Tolleson provided the Board with an update on the status of the property and advised the Board that Code Enforcement would continue to provide updates to the Board each month.
 
Member Moniz made a motion that the Board continue Case #13-49 until the March 14, 2016 Board meeting.  Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Case #15-88 Sebastian Pengue – 511 Main Street
Assistant City Attorney Farrell advised the Board that this case was being closed due to compliance and requested the Board render an order finding compliance.
Vice Chairman Bell made a motion that the Board issue its Order Finding Compliance in case #15-88, finding the defendant, Sebastian Pengue, in compliance with the prior Decision of this Board issued in this case and closing this proceeding.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #15-93 George Stephen Kosar, Jr – 2508 Chesterfield Court
Assistant City Attorney Farrell advised the Board that this case was being closed due to compliance.
 
Vice Chairman Bell made a motion that the Board issue its Order Finding Compliance in case #15-93, finding the defendant, George Stephen Kosar, Jr, in compliance with the prior Decision of this Board issued in this case and closing this proceeding and not assessing the administrative cost to the Defendant.  Member Myers seconded. 
Roll call vote:
Member Grant
Member Beckles
Member Moniz                 Vice Chairman Bell         
Member  Hillock              
Member Myers                                                      Chairman Cunningham
No
No
Yes
Yes
Yes
Yes
No
Motion did carry due to a majority vote.
 
Case #15-114 Royal Oak Golf Club Inc – 2150 Country Club Drive
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting as the owner is working with Staff towards compliance.
 
Member Moniz made a motion that case #15-114 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #15-125 Richard D Cromwell II – 4450 Carlysle Drive
Assistant City Attorney Farrell advised the Board that the City previously continued this case from the December and January Board meetings.  Assistant City Attorney Farrell advised the Board that the City would like to continue this case for one more month.
 
Richard Cromwell, property owner, testified that he is in the process of applying for disability benefits.  Mr. Cromwell testified that he has someone working on finding and repairing the leak at his property but he needs the water turned on in order to determine where the leak is. 
 
Member Moniz made a motion that case #15-114 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-02 Kristopher C Londo – 1350 Overlook Terrace
Assistant City Attorney Farrell advised the Board that this case was being closed due to compliance and requested the Board render an order finding compliance.
 
Member Beckles made a motion that the Board issue its Order Finding Compliance in case #16-02, finding the defendant, Kristopher C Londo, in compliance with the prior Decision of this Board issued in this case and closing this proceeding and not assessing the administrative cost to the Defendant.  Member Myers seconded.  Motion carried by unanimous voice vote.
 
Case #16-03 Christiana Trust Trustee – 1900 Fairlane Drive
Assistant City Attorney Farrell advised the Board that this case was being withdrawn.
 
Case #16-04 Thomas D Johnson – 1845 White Sands Drive
Assistant City Attorney Farrell advised the Board that this case was being closed due to compliance and requested the Board render an order finding compliance.
 
Member Moniz made a motion that the Board issue its Order Finding Compliance in case #16-04, finding the defendant, Thomas D Johnson, in compliance with the prior Decision of this Board issued in this case and closing this proceeding.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-06 Camelot Residence’s Association Inc – 3011 Sir Hamilton Cir
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Member Moniz made a motion that case #16-08 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-08 ARC CAFEUSA001 LLC – 3323 Columbia Blvd
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the April 11, 2016 Board Meeting.
 
Member Moniz made a motion that case #16-08 be continued until the April 11, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-10 John & Angela Gileau – 4160 Alpine Lane
Assistant City Attorney Farrell advised the Board that the City would like to continue this case for two months reference a foreclosure sale.  Assistant City Attorney Farrell requested the Board make a motion to amend the Defendant’s name in this case from John Gileau to John Gileau and Angela Gileau. 
 
Member Moniz made a motion that case #16-08 be continued until the April 11, 2016 Board meeting and to amend the Defendant’s name to John and Angela Gileau. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-13 – David & Suzanne Jeckovich – 1227 First Avenue
Assistant City Attorney Farrell advised the Board that they previously continued this case from the January Board meeting. 
 
Customer Service Manager Carrie Beatty testified that she has not heard from the owner or the tenant at the property since the last Board meeting in reference to a payment arrangement.  Assistant City Attorney Farrell advised the Board that an eviction was filed on January 1, 2016 however, the landlord advised the City that they had since received the rent payment and were no longer proceeding with the eviction. 
 
Board Attorney Rogers reviewed the previous testimony in this case with the Board.
 
Code Manager Tolleson reviewed what the code says under Section 6-109 Property Maintenance Sub Section 102.2 Maintenance with the Board and how the property is in violation because it is occupied.
 
Officer Crisco testified that he found the property in violation of Section 6-109 Property Maintenance Sub Section 102.2 Maintenance on November 5, 2015.  Assistant City Attorney Farrell re-submitted Notice of Violation and Affidavit of Posting, Notice of Hearing and Complaint and Affidavit of Posting and the Cost Recovery Sheet in the amount of $427.52 to the Board for review.
 
Member Moniz made a motion that the Board issue the following Finding of Fact in Case # 16-13, relating to the Defendants, David & Suzanne Jeckovich:
  1. That the Defendants were properly notified of the violation as alleged in the complaint.
  2. The Defendants are the owners of, or in possession of, the real property located at 1227 First Avenue, Titusville, Florida.
  3. The Defendants are in violation of the Section of the Code of Ordinances of the City of Titusville listed in the Complaint.
Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Member Moniz made a Motion that the Board issue its Order to Correct relating to the Defendants, David & Suzanne Jeckovich.
  1. Adjudging the Defendants to be in violation of the Section of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact.
  2. Giving the Defendants until 12 noon on March 11, 2016 to correct the violation to the written satisfaction of the Code Enforcement Officer or to appear before this Board at City Hall, Titusville, Florida on March 14, 2016 to show cause why the violation has not been corrected and why this Board should not proceed to impose a fine for the violation. 
  3. The Board reserves jurisdiction to determine the costs incurred by the City of Titusville.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
VIII.    New Business
 
Case #16-14 Loi Nguyen – 4000 Alpine Lane
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-15 John Franklin Crockett – 1390 Thornton Avenue
Assistant City Attorney Farrell advised the Board that this case was being withdrawn.
 
Case #16-16 Ruth A Johnson – 457 Fern Avenue
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-17 Herbert L Jackson, Jr & Pearlie Mae Jackson – 2740 Venus Drive
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-18 Herbert & Marie Wolfe – 426 Canaveral Avenue
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the April 11, 2016 Board Meeting.
 
Member Moniz made a motion that case #16-18 be continued until the April 11, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-19 Land Trust Service Corp Trustee – 1850 South Street
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Member Moniz made a motion that case #16-19 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-20 Land Trust Service Corp Trustee – 1864 South Street
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Vice Chairman Bell made a motion that case #16-20 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-21 Land Trust Service Corp Trustee – 1906 South Street
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Member Myers made a motion that case #16-22 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-22 A C & G Development Inc C/O Frank Castelli – 1950 South Street
Officer Laurencio testified she inspected the property on December 5, 2015 and found the violation of Section 13-26 Overgrowth, 12-23 Junk & Debris, Section 6-109 Property Maintenance Sub Section 302.3 Sidewalks & Driveways and Sub Section 302.7 Accessory Structures to exist.  Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Assistant City Attorney Farrell submitted five photographs of the property taken February 8, 2016 as Exhibit #2.   Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.  Assistant City Attorney Farrell submitted the Cost Recovery Sheet in the amount of $409.91 as Exhibit #4.
Vice Chairman Bell made a motion that the Board issue the following Finding of Fact in Case # 16-22, relating to the Defendant, A C & G Development Inc C/O Frank Castelli:
  1. That the Defendant was properly notified of the violations as alleged in the complaint.
  2. The Defendant is the owner of, or in possession of, the real property located at 1950 South Street, Titusville, Florida.
  3. The Defendant is in violation of all of the Sections of the Code of Ordinances of the City of Titusville listed in the Complaint.
Member Moniz seconded.  Motion carried by unanimous voice vote. 
 
Vice Chairman Bell made a Motion that the Board issue its Order to Correct relating to the Defendant, A C & G Development Inc C/O Frank Castelli.
  1. Adjudging the Defendant to be in violation of the Section of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact.
  2. Giving the Defendant until 12 noon on March 11, 2016 to correct the violation to the written satisfaction of the Code Enforcement Officer or to appear before this Board at City Hall, Titusville, Florida on March 14, 2016 to show cause why the violations have not been corrected and why this Board should not proceed to impose a fine for the violations. 
  3. The Board reserves jurisdiction to determine the costs incurred by the City of Titusville.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-23 Angela & Thomas Reed – 1460 Kings Court
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-24 Lonna Sue Danielson – 1820 Fairlane Drive
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Vice Chairman Bell made a motion that case #16-24 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-25 Heather Snelling – 1029 Tropic Street
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Vice Chairman Bell made a motion that case #16-25 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-26 U.S Bank National Trust Association – 2735 Mars Drive
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-27 Sylvia L Tu – 3970 Hickory Hill Blvd
Assistant City Attorney Farrell advised the Board that there was an error on the agenda and the second violation for this case should be 13-28 Dead Tree(s) not 13-26 Dead Tree(s). Assistant City Attorney Farrell requested the Board make a motion to amend the Defendant’s name in this case from Sylvia L Tu to Sylvia L Tu and Chin Ann Hui.  Officer Crisco testified he inspected the property on December 8, 2015 and found the property in violation of Section 13-26 Overgrowth and Section 13-28 Dead Tree(s) to exist.  City Attorney Farrell submitted the Notice of Violation Exhibit #1.  Officer Crisco testified he re-inspected the property on December 30, 2015 and the violations still existed.  Assistant City Attorney Farrell submitted seven photographs of the property taken February 8, 2016 as Exhibit #2.  Officer Crisco testified the neighbors have been trimming the trees on the property so they don’t damage the neighbor’s property.  Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.  Assistant City Attorney Farrell submitted the Cost Recovery Sheet in the amount of $427.52 as Exhibit #4.
 
Member Moniz made a motion that the Board issue the following Finding of Fact in Case # 16-27, relating to the Defendants, Sylvia L Tu and Chin Ann Hui:
  1. That the Defendants were properly notified of the violations as alleged in the complaint.
  2. The Defendants are the owner of, or in possession of, the real property located at 3970 Hickory Hill Blvd, Titusville, Florida.
  3. The Defendants are in violation of all of the Sections of the Code of Ordinances of the City of Titusville listed in the Complaint.
Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Member Moniz made a Motion that the Board issue its Order to Correct relating to the Defendant, Sylvia L Tu and Chin Ann Hui.
  1. Adjudging the Defendants to be in violation of the Sections of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact.
  2. Giving the Defendants until 12 noon on March 11, 2016 to correct the violations to the written satisfaction of the Code Enforcement Officer or to appear before this Board at City Hall, Titusville, Florida on March 14, 2016 to show cause why the violations have not been corrected and why this Board should not proceed to impose a fine for the violations. 
  3. The Defendants are ordered to pay $427.52, which represent the costs incurred by the City of Titusville to bring this case before the Board.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-28 Richard J Folger & Gail P Folger Trustees – 4124 Mount Vernon Avenue
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-29 Judy Bloodworth – 4701 Sisson Road
Assistant City Attorney Farrell advised the Board that this case was being withdrawn.
 
Case #16-30 Clifton H Regis – 610 Margie Drive
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-31 Robert F White – 4170 Coquina Avenue
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-32 John Godke – 815 Cleveland Street
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-33 Damar Homes – 2199 Harrison Street
Assistant City Attorney Farrell advised the Board that this case was being withdrawn due to compliance.
 
Case #16-34 Frances M Ferraiuolo – 2730 Redwood Avenue
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the March 14, 2016 Board Meeting.
 
Vice Chairman Bell made a motion that case #16-34 be continued until the March 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
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IX.       BOARD ATTORNEY’S REPORT
Board Attorney Richard Rogers requested that the Board authorize the Final Judgments in Case #15-27, 15-32, 15-33 be turned over to the City Attorney’s Office for foreclosure or other action to achieve code compliance, in the discretion of the City Attorney.
 
Vice Chairman Bell made a motion to provide the Final Judgments to the City Attorney’s Office.  Member Hillock seconded; motion carried by unanimous voice vote.
 
Board Attorney Rogers reviewed the City’s general policy for alternate Board member attendance as it applies to City Boards and Commissions with alternate members as provided by Assistant City Chelsea Farrell which requires communication between Board members and a Board Representative concerning attendance prior to Board meetings.
 
Board Attorney Rogers advised the Board that Case #15-68 5017 Riveredge Drive was supposed to be on the agenda for this month’s Board meeting and the Board needed to make a motion to continue the case until the next Board meeting so it can be heard.
 
Member Moniz made a motion to continue case #15-68 until the March 14, 2015 Board meeting.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Board Attorney Rogers advised the Board that Member Hillock had missed four Board meetings in a row due to an injury and that Alternate Board Member Staccato had missed five meetings in a row and Board Attorney Rogers was unable to contact her.
 
Vice Chairman Bell made a motion to notify City Council that the Board wishes to excuse Member Hillock’s absences and keep her on the Board and the Board wishes to relieve Alternate Board Member Staccato of her position on the Board and request City Council to appoint a replacement. 
 
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X.        CITY ATTORNEY’S REPORT

Assistant City Attorney Farrell reviewed a new ordinance having to do with water bills with the Board.
 
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XI.       CODE ENFORCEMENT MANAGERS REPORT
No report.
 
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      XII.     CHAIRMAN’S REPORT
     No report.
 
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XIII.    BOARD MEMBER’S REPORT
No report.
 
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XIV.    ADJOURNMENT – 4:52 pm
 
P. O. Box 2806, (32781-2806) - 555 S. Washington Avenue - Titusville, FL 32796 - Phone: (321) 567-3775 - Fax: (321) 383-5704 - Site by Project A