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The City of Titusville, Florida / Police / Code Enforcement

Monday, May 09, 2016

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, MAY 9, 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: Vice Chairman Pat Bell, Member Jean Hillock, Alternate Board Member Romie Grant, Member Darrell Barrett, Member Erica Myers, Member Gina Beckles, and Member Edward Moniz, Alternate Board Member Joseph Richardson.
 
Members absent: Chairman Mike Cunningham
 
City Staff present were: Officer Bob Crisco, Officer Frank Lewis, Officer Tom Floyd, Code Enforcement Manager Glenn Tolleson, and Gary Stepalovich. 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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Board Attorney Rick Rogers swore in new Alternate Board Member Joseph Richardson.
 
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Member Barrett made a motion for approval of the April 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
Assistant City Attorney Farrell advised the Board that the City would like to continue this case for two months.  Code Manager Glenn Tolleson provided the Board with an update on the status of redevelopment of the property including refurbishment of existing buildings and removal of the former office building.
 
Member Moniz made a motion that the Board continue Case #13-49 until the July 11, 2016 Board meeting.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #15-114 Royal Oak Golf Club Inc – 2150 Country Club Drive
Assistant City Attorney Farrell advised the Board the City would like to continue this case until the July Code Board Meeting due to the Defendant’s progress towards code compliance.
 
Officer Floyd testified he inspected the property on May 9, 2016 and found the Defendant had made progress towards code compliance but the code violations were not in compliance except the pool has been completely drained and is now in compliance.
 
Member Beckles made a motion that the Board issue its Order Finding Partial Compliance in case #15-114, finding the defendant, Royal Oak Golf Club Inc, in compliance with the prior Decision of this Board issued in this case proceeding for Section 6-109 Property Maintenance Sub Section 303.1 – Swimming Pool Maintenance, but the violations of Section 13-26 Overgrowth and Section 13-28 Dead Tree(s) remain and therefore this case is continued until the July 11, 2016 Board meeting.  Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-43 Melissa K Kesler – 4975 Riveredge Drive
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case #16-44 Hidden Cove Homeowner’s Association Inc – Tax ID 2213472 Riveredge Dr
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case #16-46 Daniel W Carter - 1400 Barna Ave
Officer Floyd testified he re-inspected the property on May 9, 2016 and found the property was still in violation of Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 304.7 Roofs & Drainage.  Assistant City Attorney Farrell submitted four photographs of the property taken on April 11, 2016 to the Board as Exhibit #1.  Code Officer Floyd testified that no one is living at the residence and Officer Floyd has had no contact from the owner or owner’s representative.
 
Member Moniz 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 continued to be in violation of Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 304.7 Roofs and Drainage, as previously determined by this Board on May 6, 2016.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Member Moniz made a motion that the Board issue its Final Judgment Assessing Fine and Imposing Lien relating to the Defendant, Daniel W Carter, based upon the Findings of Fact issued this date, and that the Judgment contain the following provisions:
  1. The defendant is assessed and ordered to pay a fine of $100 per day, per continuing code violation for the violation of Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 304.7 Roofs and Drainage, as set forth in the Findings of Fact herein. 
  2. The fine shall commence on May 6, 2016 and shall continue until the Code Violations have been corrected to the written satisfaction of the Code Enforcement Officer.
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
Assistant City Attorney Farrell advised the Board they previously found violations to exist on the property and ordered the Defendant to bring the property into compliance on or before April 18, 2016 and to pay the administrative cost of $392.30.  Officer Lewis testified he re-inspected the property on May 9, 2016 and the violations of Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structures still existed.  Assistant City Attorney Farrell submitted four photographs of the property taken May 9, 2016 as Exhibit #1.
 
Member Beckles made a motion that the Board issue the following Finding of Fact in Case # 16-47, relating to the Defendant, William & M Sanchez Residential Land Trust C/O William Sanchez:
  1. That the Defendant continued to be in violation of the Sections of the Code of Ordinances of the City of Titusville on April 18, 2016, , as previous determined by this Board.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Member Beckles made a motion that the Board issue its Final Judgment Assessing Fine and Imposing Lien relating to the Defendant, William & M Sanchez Residential Land Trust C/O William Sanchez, based upon the Findings of Fact issued this date, and that the Judgment contain the following provisions:
  1. The defendant is assessed and ordered to pay a fine of $100 per day, per continuing code violation for the violation of Section 13-26 Overgrowth and Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structures, as set forth in the Findings of Fact herein. 
  2. The fine shall commence on April 18, 2016 and shall continue until the Code Violations have been corrected to the written satisfaction of the Code Enforcement Officer.
Member Barrett seconded. Motion carried by unanimous voice vote.
 
16-50 Patricia Baggett Gaddis & James Thomas Baggett – 4540 Hood Ave
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
VIII.    New Business
 
Case #16-60 INA Group LLC – 1081 - 1083 S De Leon Ave
Officer Crisco testified he inspected the property and found the property to be in violation of Section 6-109 Property Maintenance 108.1.5 Dangerous Structure, Sub Section 109.1 Imminent Danger and Sub Section 110.1 Demolition to exist.  Assistant City Attorney Farrell advised the Board that the City wished to withdraw the alleged violations of Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structure, Sub Section 108.1 Unsafe Structure General, and Sub Section 108.1.3 Structure Unfit for Human Occupancy. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Officer Crisco testified he submitted the complaint to the City Building Department for review by the Building Official.  Assistant City Attorney Farrell submitted eight photographs of the property taken May 9, 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 advised the Board that the City would like to amend the Complaint to reflect the property in violation to be 1081 and 1083 S De Leon Avenue.  Assistant City Attorney Farrell submitted the Cost Recovery Sheet in the amount of $411.75 as Exhibit #4. 
 
Building Official Gary Stepalovich read Section 6-109 Property Maintenance Sub Section 108.1.5 to the Board.  Building Official Stepalovich testified the property is an imminent danger and a serious threat to the safety of the public.  Assistant City Attorney Farrell advised the Board that if the Board was to find the property is an imminent danger the City will have to take corrective action immediately. 
 
Abra West, the next door neighbor, appeared before the Board along with his tenant, Jimmy Anderson.  Mr. Anderson testified he is attempting to purchase the property and will make any necessary repairs as soon as possible.
 
Assistant City Attorney Farrell read Section 6-109 Property Maintenance Sub Section 110.1 Demolition to the Board.
 
Member Moniz made a motion that the Board issue the following Finding of Fact in Case # 16-60 relating to the Defendant, INA Group LLC:
  1. That the Defendant was properly notified of the violations as alleged in the complaint and the City request to amend the Complaint to correct the address of the property is granted.
  2. The Defendant is the owner of, or in possession of, the real property located at 1081 and 1083 S De Leon Ave, Titusville, Florida.
  3. The Defendant is in violation of the following Section of the Code of Ordinances of the City of Titusville Section 6-109 Property Maintenance 108.1.5 Dangerous Structure, Sub Section 109.1 Imminent Danger and Sub Section 110.1 Demolition as indicated in the compliant.
  4. The property is an imminent danger and a serious threat to the safety of the public.
    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, INA Group LLC:
  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 13, 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 July 11, 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 request the City make reasonable repairs upon the property in the event the defendant doesn’t timely achieve code compliance to remove the serious threat to public health and safety.
  4. The Defendant is assessed and ordered to pay the administrative cost in the amount of $411.75.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-52 Glen A Hedden & Jesse Lee Hedden – 306 Boye Ave
Officer Floyd testified he inspected the property on March 2, 2016 and found the violation of Section 13-73 Inoperative Vehicles Prohibited to exist. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Assistant City Attorney Farrell submitted two photographs of the property taken May 9, 2016 as Exhibit #2.  Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.  Officer Floyd testified he re-inspected the property on May 9, 2016 and the violations still existed.  Assistant City Attorney Farrell submitted the Cost Recovery Sheet in the amount of $411.75 as Exhibit #4.
 
Member Beckles made a motion that the Board issue the following Finding of Fact in Case # 16-52 relating to the Defendant, Glen A Hedden & Jesse Lee Hedden:
  1. That the Defendants were properly notified of the violation as alleged in the complaint.
  2. The Defendants are the owner of, or in possession of, the real property located at 306 Boye Ave, Titusville, Florida.
  3. The Defendants are in violation of the following Sections of the Code of Ordinances of the City of Titusville Section 13-73 Inoperative Vehicles Prohibited as indicated in the compliant.
    Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Member Beckles made a Motion that the Board issue it’s Order to Correct relating to the Defendant, Glen A Hedden & Jesse Lee Hedden.
  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 June 10, 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 July 11, 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 Defendants are assessed and ordered to pay the administrative cost in the amount of $411.75.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-53 Sandra S Petty – 1385 Thornton Ave
Assistant City Attorney Farrell advised the Board the City would like to continue this case until the July 11, 2016 Board meeting.
 
Member Moniz made a motion to continue Case #16-53 until the July 11, 2016 Board meeting.  Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Case #16-54 Thomas D Murray – 1110 Cheney Hwy, Unit B
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.
 
Case #16-55 Chris F Nelson, Jr – 3930 Byron Ave
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.
 
Case #16-56 Kenneth M Higgins, Jr – 4530 Byron Ave
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.
 
Case #16-57 Ian Kurka Estate – 825 Cleveland Street
Officer Cricso testified he inspected the property on February 22, 2016 and found the violations of Section 12-23 Junk & Debris and Section 6-109 Property Maintenance Sub Section 301.3 Vacant Structure & Land to exist.  Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Officer Crisco testified he re-inspected the property on March 16, 2016 and the property was still in violation. Assistant City Attorney Farrell submitted six photographs of the property taken May 9, 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 $429.36 as Exhibit #4.
 
Member Moniz made a motion that the Board issue the following Finding of Fact in Case # 16-57 relating to the Defendant, Ian Kurka Estate:
  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 825 Cleveland Street, Titusville, Florida.
  3. The Defendant is in violation of the following Sections of the Code of Ordinances of the City of Titusville Section 12-23 Junk & Debris and Section 6-109 Property Maintenance Sub Section 301.3 Vacant Structure & Land 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, Ian Kurka Estate.
  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 20, 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 July 11, 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 $429.36
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
Case #16-58 Lois Kirkland – 4760 Winchester Drive
Assistant City Attorney Farrell advised the Board the City would like to withdraw this case and re-cite the new owner.
 
 
 
 
Case #16-59 Palmgray Investments – 1690 S Park Ave
Assistant City Attorney Farrell advised the Board that the owner of the property requested a continuance for the May 9, 1016 Code Board hearing due to a conflict requiring the Defendant’s representative to attend a hearing that was being held in Miami on May 9, 2016 at 10 am.  Assistant City Attorney Farrell advised the Board that the owner of Palmgray Investments, Moises Grayson has been in consistent contact with Assistant City Attorney Farrell and requested names of contractors the City has used to do demolition in the past.  Assistant City Attorney Farrell submitted the request for continuance from Mr. Grayson along with an answer to the Complaint of the City of Titusville Code Enforcement to the Board as Exhibit #1.
 
Member Beckles made a motion to deny the owners request to continue this case.  Member Moniz seconded.  Motion carried by unanimous voice vote.
 
Officer Crisco testified that he has been inspected the property off and on since 2011.  Officer Crisco testified he inspected the property on March 30, 2016 in reference to new ownership of the property and found the violations of Section 6-109 Property Maintenance 108.1.5 Dangerous Structure, Sub Section 109.1 Imminent Danger and Sub Section 110.1 Demolition to exist.  Assistant City Attorney Farrell advised the Board that the City wished to withdraw the alleged violations of Section 6-109 Property Maintenance Sub Section 108.1.1 Unsafe Structure, Sub Section 108.1 Unsafe Structure General, and Sub Section 108.1.3 Structure Unfit for Human Occupancy. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #2.  Assistant City Attorney Farrell submitted six photographs of the property taken March 30, 2016 as Exhibit #3.  Officer Crisco testified that every time he does a re-inspection several neighbors ask him about the status of the property but no one has complained about this property effecting their property.  Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #4.  Assistant City Attorney Farrell submitted the Cost Recovery Sheet in the amount of $411.75 as Exhibit #5. 
 
Building Official Gary Stepalovich read several paragraphs from Section 6-109 Property Maintenance Sub Section 108 to the Board.  Building Official Stepalovich testified that the fence is in disrepair and allows the public to access the property which makes the property an imminent danger to the safety of the public due to the dangerous structure on the property.
 
Member Moniz made a motion that the Board issue the following Finding of Fact in Case # 16-59 relating to the Defendant, Palmgray Investments:
  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 1690 S Park Ave, Titusville, Florida.
  3. The Defendant is in violation of the following Sections of the Code of Ordinances of the City of Titusville Section 6-109 Property Maintenance Sub Section 108.1.5 Dangerous Structure, Sub Section 109.1 Imminent Danger and Sub Section 110.1 Demolition as indicated in the compliant.
  4. The property is an imminent danger and a serious threat to the safety of the public.
    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, Palmgray Investments:
  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 13, 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 July 11, 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 request the City make reasonable repairs upon the property in the event the defendant doesn’t timely achieve code compliance to remove the serious threat to public health and safety.
  4. The Defendant is assessed and ordered to pay the administrative cost in the amount of $411.75.
Member Hillock seconded.  Motion carried by unanimous voice vote.
 
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IX.       BOARD ATTORNEY’S REPORT
No report.
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X.        CITY ATTORNEY’S REPORT

No report.
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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 – 4:00 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