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The City of Titusville, Florida / Police / Code Enforcement

Monday, September 12, 2016

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, SEPTEMBER 12, 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, Member Edward Moniz, Member Erica Myers, Member Romie Grant, and Alternate Board Member Joseph Richardson.
 
Members absent: None
 
City Staff present were: Officer Bob Crisco, Officer Frank Lewis, Officer Kenneth Hutchings, Officer Ashley Tuggle, Code Enforcement Manager Glenn Tolleson. Also present were Assistant City Attorney Chelsea Farrell and Board Attorney Richard 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 Richard Rogers swore in new Board member Romie Grant.

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Vice Chairman Bell made a motion for approval of the August 8, 2016 minutes. Member Hillock seconded. Motion carried by unanimous voice vote.
 
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VII.     Old Business
 
 
 
Case #16-82 Gregory E Shaw & Deborah Denise Shaw – 2910 St Mark’s Drive
Property owner Gregory Eugene Shaw testified that he had experienced a death in the family and requested an extension of the Order to Correct date previously issued by the Board. Mr. Shaw stated that he is still working with Building Plans Manager Steve Adams in order to obtain necessary permits. 

Thomas Fernstrom, President of Cathedral Pines II-Section I Home Owner’s Association, testified that the slab for Mr. Shaw’s shed may be located on a St John’s Water Management District drainage easement. Mr. Fernstrom expressed his concerns with the permits for the shed and slab due to the location of the slab.

 
Mr. Shaw testified that he is aware of Mr. Fernstrom’s concerns and he would be willing to move the concrete if needed.
 
Vice Chairman Bell made a motion to continue Case #16-82 until the October 10, 2016 Board meeting.  Member Myers seconded.  Member Beckles abstained from voting.  Motion carried by unanimous voice vote.
 
Case #16-90 Silverbreeze MHP LLC – 925 Cheney Highway, Lot 26
Officer Crisco testified that the previously found violations were brought into compliance on September 8, 2016.


Lisa Demar, Property Owner, requested that the Board waive the previously assessed Administrative costs of $411.75.

Member Moniz made a motion that the Board issue it’s Order finding Compliance in case #16-90, finding the defendant, Silverbreeze MHP LLC in compliance with the prior Decision of this Board issued in this case and closing this proceeding. Member Moniz made a motion to waive the Administrative Costs of $411.75. Member Hillock seconded. Motion carried by unanimous voice vote.


Case #16-97 Marie Nicole Lyle DBA Nicole’s Appliance’s and More – 3314 South Hopkins Avenue ( New business item)
Assistant City Attorney Chelsea Farrell advised the Board that the City would like to withdraw the alleged violation of F.S. 823.07; Iceboxes, Refrigerators from the complaint.

Officer Crisco testified that he inspected the property on May 3, 2016 and found the violation of Section 11-31; Business Tax Receipt/License Required. Officer Crisco advised the Board that the Business Tax Receipt issued to the Defendant does not permit outdoor display and storage. Officer Crisco advised the Board that he had spoken with the Defendant and advised them that outdoor storage was not permitted. 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 September 12, 2016 and the property was still in violation of Section 11-31; Business Tax Receipt/License Required. Assistant City Attorney Farrell submitted two photographs of the property taken May 3, 2016, three photographs of the property taken May 11, 2016, one photograph of the property taken May 24, 2016, one photograph of the property taken May 31, 2016, three photographs of the property taken July 28, 2016, one photograph of the property taken August 17, 2016, two photographs of the property taken August 30, 2016, three photographs of the property taken September 7, 2016 and one photograph of the property taken September 12, 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 Business Tax Receipt as Exhibit #4. Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $550.39 as Exhibit #5.

Marie Nicole Lyle testified that the refrigerator has been stripped and locked shut. Ms. Lyle submitted 2015 F.S. 823.07 to the Board for review. Board Attorney Rick Rogers explained the provisions within F.S. 823.07 and F.S. 823.08 to the Board. Ms. Lyle testified that the appliances are put in the parking lot temporarily during daily restocking of the store.

Chairman Cunningham requested clarification regarding Business Tax Receipt restrictions. Assistant City Attorney Farrell advised the Board to take a recess in order to obtain testimony on Business Tax Receipt restrictions from the Planning Department.


Assistant City Attorney Farrell advised the Board that the property in violation, located at 3314 S Hopkins Avenue is zoned M-1. The Business Tax Receipt issued to Nicole’s Appliance’s and More lists the permitted principal use as unspecified repairs. Assistant City Attorney Farrell submitted code Section 11-52 – Zoning Regulations to the board for review. Principal Planner Brad Parrish testified that the Planning Department refers to Section 11-52 – Zoning Regulations when determining Business Tax Receipt restrictions.

Member Beckles made a motion that case #16-97 be continued until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.  



Case #13-49 Northwood Investments LLC – 3800-3810 S Washington Avenue
Code Manager Tolleson advised the Board that the Engineer of Record had just received easement requests from the City and Florida Power and Light. Code Manager Tolleson advised the Board that the owners of the property are continuously working toward compliance. Code Manager Tolleson advised the Board that he has requested an updated timeline from the property owners to present to the Board at the October 10, 2016 Board meeting.
 
Vice Chairman Bell made a motion to continue Case #13-49 until the October 10, 2016 Board meeting. Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
Case #16-59 Palm Gray Investments – 1690 South Park Avenue
Assistant City Attorney Farrell advised the board that the City would like to withdraw this case due to a change in ownership and cite the new owner, which is the prior owner of the property.

Member Beckles made a motion to withdraw case #16-59. Member Hillock seconded. Motion carried by unanimous voice vote.


Case #16-61 Cenk Kahraman & Muruvvett Ozdemir – 1904 South Street
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the October 10, 2016 Board Meeting due to a possible change in ownership.

Vice Chairman Bell made a motion to continue Case #16-61 until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.



Case #16-72 Global Strip LLC – Tax ID 2213403 S Washington Avenue
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.
 
Case #16-76 Freddie May Hampton – 932 S De Leon Avenue
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.


Case #16-78 Jennie Hester Estate C/O Rosaline Hester – 909 Pine Street
Assistant Attorney Chelsea Farrell advised the Board that the City would like to continue this case for one month due to recently identified possible avenue for correction.
 
Member Moniz made a motion to continue Case #16-78 until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-79 Richard E Bakula & I Lousie Bakula C/O Barbara Whitley – 515 S De Leon Avenue
Assistant Attorney Chelsea Farrell advised the Board that the City would like to continue this case for one month due to recently identified possible avenue for correction.
 
Member Moniz made a motion to continue Case #16-79 until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-80 Phillip M Kirkland – 4760 Winchester Drive
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.

Vice Chairman Bell made a motion that the Board issue it’s Order finding Compliance in case #16-80, finding the defendant, Phillip M Kirkland in compliance with the prior Decision of this Board issued in this case and closing this proceeding. Motion carried by unanimous voice vote.



Case #16-81 Rodney A Brooks & Wanda G Brooks – 1165 Cleveland Street
Assistant City Attorney Farrell advised the Board that the Board previously found violations to exist and ordered the defendant to bring the property into compliance on or before September 9, 2016 and assessed the administrative cost of $411.75. Assistant Attorney Farrell advised the Board that the property in not in compliance as the violations still exist.

Officer Crisco testified that he re-inspected the property and found the property to still be in violation of Section 13-26 Overgrowth, Section 6-109 Property Maintenance; Sub Section 301.3 Vacant Structure and Land, Sub Section 302.7 Accessory Structure – Fence, and Sub Section 104.14 Windows, Skylight. Assistant City Attorney Farrell submitted two photographs of the property taken September 12, 2016 as Exhibit #1.

Vice Chairman Bell made a motion that the Board issue the following Finding of Fact in Case # 16-81, relating to the Defendants Rodney A Brooks & Wanda G Brooks:

1.         That the Defendants were properly notified of the violations as alleged in the complaint.

2. That the Defendants are the owners of the property located at 1165 Cleveland Street, Titusville FL.

3. That the Defendants remain in violation of the Code of Ordinances as previously determined by the Board.

Member Hillock seconded. Motion carried by unanimous voice vote.

 
Vice Chairman Bell made a motion that the Board issue its Final Judgement Assessing Fine and
Imposing Lien relating to the Defendants, Rodney A Brooks & Wanda G Brooks, based upon the Findings of Fact issued this date, and that the Judgment contain the following provisions:


1. The Defendants are assessed and ordered to pay a fine of $100.00 per day, per violation for      the violation of Section 13-26 Overgrowth, Section 6-109 Property Maintenance; Sub Section 301.3 Vacant Structure and Land, Sub Section 302.7 Accessory Structure – Fence, and Sub Section 304.14 Windows, Skylight, as set forth in the Findings of Fact herein.

2. The fine shall commence on September 9, 2016 and shall continue until the Code Violations have been corrected to the written satisfaction of the Code Enforcement Officer.

 
Member Myers seconded. Motion carried by unanimous voice vote.


Case #16-86 Rameshwar N Mathur – 2501 Dorothy Circle
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 #16-86, finding the Defendant, Rameshwar N Mathur, 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 #16-87 Basil & Dania Itani – 5405 Sandra Drive
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 #16-87, finding the Defendant, Basil & Dania Itani, in compliance with the prior Decision of this Board issued in this case and closing this proceeding. Member Hillock seconded. Chairman Cunningham abstained from voting. Motion carried by unanimous voice vote.



Case #16-89 Laphon Enterprises LLC – 503 Cheney Highway
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the October 10, 2016 Board Meeting.

Member Moniz made a motion to continue Case #16-89 until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.




VIII.    New Business
 
 
 
Case #16-91 Man Lei Trustee – 4299 Barna Avenue
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.

Case #16-92 Silverbreeze MHP LLC – 925 Cheney Highway
Assistant City Attorney Farrell advised the Board that this case is being withdrawn.

Case #16-93 Chris A Romeo – 137 Seminole Avenue
Officer Crisco testified that he inspected the property on July 15, 2016 and found the violation of Section 13-26; Overgrowth. 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 September 12, 2016 and the property was still in violation of Section 13-26; Overgrowth. Assistant City Attorney Farrell submitted three photographs of the property taken September 12, 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 Statement in the amount of $444.73 as Exhibit #4.

Member Moniz made a motion that the Board issue the following Finding of Fact in Case #16-93 relating to the Defendant, Chris A Romeo:
  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 137 Seminole Avenue, Titusville, Florida.
  3. The Defendant is in violation of the following Section of the Code of Ordinances of the City of Titusville: as indicated in the complaint.
    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, Chris A Romeo.
  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 9 am on October 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 October 10, 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 Defendant is assessed and ordered to pay the Administrative Cost in the amount of $444.73.
Member Hillock seconded.  Motion carried by unanimous voice vote.





Case #16-94 Dapper Properties II LLC – 820 Cheney Highway
Assistant City Attorney Farrell requested that the Board continue Case #16-94 until the October 10, 2016 Board meeting.

Member Myers made a motion that case #16-94 be continued until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.


Case #16-95 T Squared Properties Inc – 4615 Rosehill Avenue
Assistant City Attorney Farrell requested that the Board continue Case #16-95 until the October 10, 2016 Board meeting.

 
Member Myers made a motion that case #16-95 be continued until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.

Case #16-96 Donna J Crannell and Bobbye L Lewis – 1111 & 1115 English Street

Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.

Case #16 – 98 Irene Carn – 1207 Pollyanna Drive
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.



Case #16-99 AMW Brevard Partnership – 601-621 Cheney Highway
Officer Crisco testified that he inspected the property on June 2, 2016 and found the violation of Section 6-109; Property Maintenance Sub Section 302.7; Accessory Structures – Fence. 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 September 12, 2016 and the property was still in violation of Section 6-109; Property Maintenance, Sub Section 302.7; Accessory Structures – Fence. Assistant City Attorney Farrell submitted nine photographs of the property taken September 12, 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 Statement in the amount of $409.51 as Exhibit #4.
 
Vice Chairman Bell made a motion that the Board issue the following Finding of Fact in Case #16-99 relating to the Defendant, AMW Brevard Partnership:
 
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 601-621 Cheney Highway, 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, Sub Section 302.7; Accessory Structures – Fence, as indicated in the complaint.


Member Myers 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 Defendant, AMW Brevard Partnership.  
 
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 9 AM on October 10, 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 October 10, 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 Beckles seconded. Motion carried by unanimous voice vote.
 
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IX.       BOARD ATTORNEY’S REPORT
Board Attorney Rogers requested clarification regarding Case #15-45 pertaining to the Final Judgement entered by the Board dated August 23, 2016.

Vice Chairman Bell made a motion that the Board issue its Order Finding Compliance in case #15-45, finding the Defendants, Donna J Crannell & Bobbye L Lewis, in compliance with the prior Final Judgement of this Board issued in this case and waiving the Daily Fine in the amount of $250.00 per day, commencing on August 29, 2016. Member Myers seconded. Motion carried by unanimous voice vote.

 
Board Attorney Richard Rogers requested that the Board authorize the Final Judgement in case #16-27 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 Judgement to the City Attorney’s Office. Member Hillock seconded. Motion carried by unanimous voice vote.

 
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X.        CITY ATTORNEY’S REPORT

Assistant City Attorney Farrell indicated that Case #16-35 was left off the Agenda. Assistant City Attorney advised the Board that the city would like to continue Case #16-35 until the October 10, 2016 Board meeting.

Vice Chairman Bell made a motion that case #16-35 be continued until the October 10, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.



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XI.       CODE ENFORCEMENT MANAGERS REPORT
No report.
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      XII.     CHAIRMAN’S REPORT
     Chairman Cunningham discussed the upcoming 2016 Boards and Commissions Recognition Ceremony. Chairman Cunningham also discussed the Municipal Code Enforcement Board Semi Annual Report.
 
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XIII.    BOARD MEMBER’S REPORT
No report.
 
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XIV.    ADJOURNMENT – 4:23 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