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The City of Titusville, Florida / Police / Code Enforcement

Monday, April 11, 2016

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, APRIL 11, 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 Romie Grant, Member Darrell Barrett, Member Erica Myers, Member Gina Beckles, and Member Edward Moniz.
 
Members absent: None
 
City Staff present were: Officer Bob Crisco, Officer Frank Lewis, Officer Tom Floyd and Code Enforcement Manager Glenn Tolleson. Also present were 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 March 14, 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 Beckles made a motion that the Board continue Case #13-49 until the May 9, 2016 Board meeting.  Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Case #15-45 Donna J Crannell & Bobbye L Lewis – 1103 English Street
Assistant City Attorney Farrell advised the Board that the Attorney representing the property owner has been appointed to a new position within the Judicial System and is unsure at this point who the attorney’s cases will be reassigned too.  Assistant City Attorney Farrell advised the Board that the City wished to continue this case until the June 13, 2016 Board meeting.
 
Member Moniz made a motion that case #15-45 be continued until the June 13, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #15-47 Donna J Crannell & Bobbye L Lewis – 1111 English Street
Assistant City Attorney Farrell advised the Board that the Attorney representing the property owner has been appointed to a new position within the Judicial System and is unsure at this point who the attorney’s cases will be reassigned too.  Assistant City Attorney Farrell advised the Board that the City wished to continue this case until the June 13, 2016 Board meeting.
 
Member Moniz made a motion that case #15-47 be continued until the June 13, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #15-48 Donna J Crannell & Bobbye L Lewis – 1115 English Street
Assistant City Attorney Farrell advised the Board that the Attorney representing the property owner has been appointed to a new position within the Judicial System and is unsure at this point who the attorney’s cases will be reassigned too.  Assistant City Attorney Farrell advised the Board that the City wished to continue this case until the June 13, 2016 Board meeting.
 
Member Moniz made a motion that case #15-48 be continued until the June 13, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #15-114 Royal Oak Golf Club Inc – 2150 Country Club Drive
Officer Floyd testified he inspected the property on October 23, 2015 and found the violations of Section 13-26 Overgrowth, Section 13-28 Dead Tree(s) and Section 6-109 Property Maintenance Sub Section 303.1 Swimming Pool Maintenance.  Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Officer Floyd testified he re-inspected the property on November 2, 2015 and the property was still in violation of Section 13-26 Overgrowth, Section 13-28 Dead Tree(s) and Section 6-109 Property Maintenance Sub Section 303.1 Swimming Pool Maintenance. Assistant City Attorney Farrell submitted twelve photographs of the property taken April 11, 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 $392.30 as Exhibit #4.
 
Neal Mahase informed the Board he was the owner of Royal Oak Golf Club Inc. and testified that he has been working on the property slowly for several weeks due to pending litigation regarding the title of the property and the mortgage.  Mr. Mahase testified that he had to stop working on the property for a few weeks due to a personal issue but should be back to working on the property in approximately two weeks.  Mr. Mahase testified that while he was pumping water out of the pool someone stole the pump.  Mr. Mahase requested that he be allowed to maintain a 50 to 75 foot buffer around the property.  Code Manager Tolleson advised the Board that allowing a 50 to 75 foot buffer is beyond their jurisdiction and it would be up to the City Council to allow that.  Mr. Mahase testified that he approached the Royal Oak Golf Course Homeowner’s Association about helping to maintain the property but he has not heard anything from the Association. Mr. Mahase testified that he would like to continue to maintain the property to the best of his ability.  Mr. Mahase requested a one month extension to come into code compliance.  Mr. Mahase testified he has contacted the Fire Department to obtain a burn permit to remove the dead trees from the property.
 
Member Moniz made a motion that the Board issue the following Finding of Fact in Case # 15-114 relating to the Defendant, Royal Oak Golf Club Inc:
  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 2150 Country Club Drive, Titusville, Florida.
  3. The Defendant is in violation of the following Sections of the Code of Ordinances of the City of Titusville , Section 13-28 – Dead Tree(s) and Section 6-109 Property Maintenance Sub Section 303.1 Swimming Pool Maintenance as indicated in the compliant.
    Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Member Moniz made a Motion that the Board issue it’s Order to Correct relating to the Defendant, Royal Oak Golf Course Inc.
  1. Adjudging the Defendant 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 Defendant until 12 noon on May 6, 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 May 9, 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 #15-125 Richard D Cromwell II – 4450 Carlysle Drive
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case #15-126 Midfirst Bank – 881 Hunter Park Pl
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance on April 11, 2016.  Assistant City Attorney Farrell advised the Board that the City request the Administrative Cost be assessed to the property.
 
Member Moniz made a motion that the Board issue its Order Finding Compliance in case #15-126, finding the defendant, Midfirst Bank, in compliance with the prior Decision of this Board issued in this case and closing this proceeding and also assessing administrative cost in the amount of $762.11. Further, no fines shall be assessed for the Defendant’s failure to achieved code compliance by March 11, 2016. 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 this case is now in compliance.
Vice Chairman Bell made a motion that the Board issue its Order Finding Compliance in case #16-06, finding the defendant, Camelot Residence’s Association Inc., in compliance with the prior Decision of this Board issued in this case and closing this proceeding.
 
Case #16-08 ARC CAFEUSA001 LLC – 3323 Columbia Blvd
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Member Beckles made a motion that the Board issue its Order Finding Compliance in case #16-08, finding the defendant, ARC CAFEUSA001 LLC 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 #16-10 John Gileau & Angela Gileau – 4160 Alpine Lane
Assistant City Attorney Farrell advised the Board the City would like to withdraw this case due to a foreclosure sale scheduled for today.
 
Vice Chairman Bell made a motion to accept the City’s request to withdraw the previous decision of the Board assessing administrative cost and withdrawing the case.  Member Myers seconded.  Motion carried by unanimous voice vote.
 
Case #16-18 Herbert & Marie Wolfe – 426 Canaveral Ave
Assistant City Attorney Farrell advised the Board this case was is being withdrawn due to the property having been sold and the new owners are working on bringing the property into compliance.
 
Case #16-40 Sergio Espinoza & Clara O Pirrone-Espinoza – 4340 Kent Avenue
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case #16-41 Shivstar Inevstments LLC – 3500 Cheney Highway
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case #16-42 James S Brooks Jr – 2325 Southwest Circle
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case #16-43 Melissa K Kesler – 4975 Riveredge Drive
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the May 9, 2016 Board Meeting.
 
Member Barrett made a motion that case #16-43 be continued until the May 9, 2016 Board meeting. Member Moniz seconded. Motion carried by unanimous voice vote.
 
 
Case #16-44 Hidden Cove Homeowner’s Association Inc – Tax ID 2213472 Riveredge Dr
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the May 9, 2016 Board Meeting.
 
Member Moniz made a motion that case #16-44 be continued until the May 9, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
VIII.    New Business
 
Case #16-46 Daniel W Carter - 1400 Barna Ave
Officer Floyd testified he inspected the property on February 16, 2016 and found the violations of Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 304.7 Roofs and Drainage to exist.  Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Officer Floyd testified he attempted to get the bank listed in the foreclosure to correct the property but the property is no longer listed in foreclosure.  Assistant City Attorney Farrell submitted five photographs of the property taken April 11, 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 $392.30 as Exhibit #4. 
 
Member Myers made a motion that the Board issue the following Finding of Fact in Case # 16-46 relating to the Defendant, Daniel W Carter:
  1. That the Defendant was properly notified of the violation as alleged in the complaint.
  2. The Defendant is the owner of, or in possession of, the real property located at 1400 Barna Ave, Titusville, Florida.
  3. The Defendant is in violation of the following Section of the Code of Ordinances of the City of Titusville Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 304.7 Roofs and Drainage as indicated in the compliant.
    Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Member Moniz made a Motion that the Board issue it’s Order to Correct relating to the Defendant, Daniel W Carter:
  1. Adjudging the Defendant 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 Defendant until 12 noon on May 6, 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 May 9, 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 Defendant is assessed and ordered to pay the administrative cost in the amount of $392.30.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-47 William & M Sanchez Residential Land Trust C/O William Sanchez – 1229 First Ave
Officer Lewis testified that he inspected the property on April 11, 2016 and found the violation of Section 108.1.1 Unsafe Structures and Section 13-26 – Overgrowth to exist.  Assistant City Attorney Farrell advised the Board that Officer Laurencio conducted the original inspection on February 16, 2016.  Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Assistant City Attorney Farrell submitted three photographs of the property taken April 11, 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 $392.30 as Exhibit #4.  Assistant City Attorney Farrell advised the Board that the City wishes to amend the complaint to reflect the violation of Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structures instead of 108.1. 
 
Vice Chairman Bell made a motion to approve the City’s request to amend the Compliant to reflect a violation of Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structure.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Vice Chairman Bell made a motion that the Board issue the following Finding of Fact in Case # 16-47 relating to the Defendants, William & M Sanchez Residential Land Trust C/O William Sanchez:
  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 1229 First Ave, Titusville, Florida.
  3. The Defendants are in violation of the following Sections of the Code of Ordinances of the City of Titusville Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structure as indicated in the compliant.
    Member Moniz seconded.  Motion carried by unanimous voice vote. 
 
Vice Chairman Bell made a Motion that the Board issue it’s Order to Correct relating to the Defendants, William & M Sanchez Residential Land Trust C/O William Sanchez:
  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 April 18, 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 May 9, 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 assessed and order to pay the administrative cost in the amount of $392.30.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
16-48 Shanesha R Lincoln – 1607 Palmetto Street
Assistant City Attorney Farrell advised the Board the City would like to withdraw this case because the property recently sold and the City will be re-citing the new owner.
 
16-49 Basil & Dania Itani – 5405 Sandra Drive
Assistant City Attorney Farrell advised the Board this case is being withdrawn due to compliance.
 
 
 
16-50 Patricia Baggett Gaddis & James Thomas Baggett – 4540 Hood Ave
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the May 9, 2016 Board Meeting.
 
Vice Chairman Bell made a motion that case #16-50 be continued until the May 9, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
16-51 Barry B Brogan & Jamia Q Brogan – 3018 Sir Hamilton Cir
Assistant City Attorney Farrell advised the Board this case is being withdrawn due to compliance.
 
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IX.       BOARD ATTORNEY’S REPORT
No report.
 
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X.        CITY ATTORNEY’S REPORT

Assistant City Attorney Farrell advised the Board she spoke to Public Works with the City about a street light in front of 511 Main Street per the request of the property owner at last month’s Code Board meeting.  Assistant City Attorney Farrell advised the Board that the property did not meet the requirements set by the City to put a street light in front of it, but the owner could contract with FPL to have a light installed. 
 
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XI.       CODE ENFORCEMENT MANAGERS REPORT
Code Enforcement Manager Glenn Tolleson advised the Board that the property at 3985 Thor Avenue came into compliance on November 20, 2015 and requested the Board issue an Order Finding Compliance and address the administrative cost and fines associated with the case.
 
Member Moniz made a motion that the Board issue its Order Finding Compliance in case #15-57, finding the defendant, Keith R Edwards in compliance with the prior Decision of this Board issued in this case, waiving the daily fines previously assessed, require payment of the City cost assessment and closing this proceeding.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
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      XII.     CHAIRMAN’S REPORT
     Board Chairman Cunningham reviewed a memo from Code Manager Tolleson to the Board in reference to the procedure for when a Board Member is unable to attend a Code Board Meeting.
 
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XIII.    BOARD MEMBER’S REPORT
No report.
 
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XIV.    ADJOURNMENT – 3:55 pm
 
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