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The City of Titusville, Florida / Police / Code Enforcement

Monday, October 10, 2016

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, OCTOBER 10, 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 Romie Grant, and Alternate Board Member Joseph Richardson.
 
Members absent: Member Erica Myers
 
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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Vice Chairman Bell made a motion for approval of the September 12, 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 did not receive an update from the Property Owner due to Hurricane Matthew. Assistant City Attorney Farrell requested the case be continued one month.
 
Member Beckles made a motion to continue Case #13-49 until the November 14, 2016 Board meeting. Member Hillock seconded.  Motion carried by unanimous voice vote. 
 
 
Case #16-53 Sandra S Petty – 1385 Thornton Avenue
Assistant City Attorney Farrell advised the Board that the alleged violations at the property were originally documented by Officer Tom Floyd. As Officer Floyd is no longer employed with the City the case will be presented by Officer Tuggle.


Officer Tuggle testified that she inspected the property on September 27, 2016 and found the alleged violation of Section 12-23; Junk and Debris. Officer Tuggle testified that on a subsequent, follow up inspection, on September 29, 2016 she found the alleged violations of Section 13-26; Overgrowth and Section 6-109 – Property Maintenance, Sub Section 303.1; Swimming Pool Maintenance. Officer Tuggle testified that the alleged violations were documented by Officer Floyd previously. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Tuggle testified that she re-inspected the property on September 29, 2016 and the property was still in violation of Section 12-23; Junk and Debris, Section 13-26; Overgrowth and Section 6-109 – Property Maintenance, Sub Section 303.1; Swimming Pool Maintenance. Assistant City Attorney Farrell submitted two photographs of the property taken September 27, 2016 and three photographs of the property taken September 29, 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 $429.36 as Exhibit #4.

Chairman Cunningham questioned the length of time that had passed before the case was presented to the Board. Code Manager Tolleson informed the Board that the property is in Probate and several issues have come up throughout the Probate process.

Vice Chairman Bell asked if the property was occupied. Officer Tuggle testified that it is unclear whether the property is occupied.

Member Moniz made a motion that the Board issue the following Findings of Fact in Case #16-53 relating to the Defendant, Sandra S Petty.

 
  1. That the Defendant was properly notified of the violations as alleged in the complaint.
  2. That the Defendant is the owner of, or in possession of, the real property located at 1385 Thornton Avenue, 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 and Debris, Section 13-26; Overgrowth, and Section 6-109, Sub Section 303.1; Swimming Pool Maintenance as indicated 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, Sandra S Petty.

 
  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 November 14, 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 November 14, 2016 to show cause why the violations have not been corrected and why this Board should not impose fines for these 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 #16-61 Cenk Kahraman & Muruvvett Ozdemir – 1904 South Street

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


Case #16-78 Jennie Hester Estate C/O Rosaline Hester – 909 Pine Street
Assistant City Attorney Chelsea Farrell advised the Board that the City would like to continue this case for one month as a Tax Deed Sale is scheduled for the property.


Member Moniz made a motion to continue Case #16-78 until the November 14, 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 City Attorney Chelsea Farrell advised the Board that the City would like to continue this case for one month due to recent identification of, and communication with, a guardian for the Property Owner.
 
Member Moniz made a motion to continue Case #16-79 until the November 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-82 Gregory E Shaw & Deborah Denise Shaw – 2910 St Mark’s Drive
Assistant City Attorney Farrell submitted the August Decision of the Board to the Board for reference as the Board previously continued case #16-82.
 
Deputy Building Official Steve Adams testified that the Building Department is unable to approve three of the five permit applications due to infringement of the St John’s River Water Management District Easement. Mr. Adams advised the Board that the following permits have been formally denied due to their location within the Easement; Accessory Structure, Concrete – 36.5 yards. Mr. Adams indicated that one application is pending due to setback concerns and two permits are ready to be issued, pending payment.
Vice Chairman Bell made a motion that the Board issue the following Findings of Fact in Case #16-82 relating to the Defendants, Gregory E Shaw and Deborah Denise Shaw.
  1. That the Defendants were properly notified of the violation as alleged in the complaint.
  2. That the Defendants are the owners of, or in possession of, the real property located at 2910 St Mark’s Drive, Titusville, Florida.
  3. The Defendants are in violation of the following Section of the Code of Ordinances of the City of Titusville: Section 6-56 – Permit Required as indicated in the complaint.

     
Member Moniz seconded. Member Beckles abstained. Motion carried by unanimous voice vote.

Vice Chairman Bell made a motion that the Board issue its Order to Correct relating to the Defendants, Gregory E Shaw and Deborah Denise Shaw.
 
  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 9 am on November 14, 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 November 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 Defendants are assessed to pay the Administrative Cost in the amount of $446.97.
     
Member Hillock seconded. Member Beckles abstained. 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 November 14, 2016 Board Meeting.


Member Moniz made a motion to continue Case #16-89 until the November 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-93 Chris A Romeo – 137 Seminole Avenue
Assistant City Attorney Farrell advised the Board that the Board previously found a violation to exist and ordered the Property Owner to bring the property into compliance on or before October 10, 2016 and assessed the administrative cost of $444.73. Assistant City Attorney Farrell advised the Board that the property is not in compliance as the violation still exists.

Officer Crisco testified that he re-inspected the property and found the property to still be in violation of Section 13-26 Overgrowth. Assistant City Attorney Farrell submitted one photograph of the property taken October 10, 2016 as Exhibit #1. Officer Crisco testified that the property is vacant.




 
Vice Chairman Bell made a motion that the Board issue the following Findings 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. That the Defendant is the owner of the property located at 137 Seminole Avenue, Titusville, Florida.
  3. That the Defendant remained 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 Defendant, Chris A Romeo, based upon the Findings of Fact issued this date, and that the Judgement contain the following provisions:
 
  1. The Defendants are assessed and ordered to pay a fine of $150.00 per day, per violation of Section 13-26 Overgrowth, as set forth in the Findings of Fact herein.
  2. The fine shall commence on October 10, 2016 and shall continue until the Code Violation has been corrected to the written satisfaction of the Code Enforcement Officer.
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-94 Dapper Properties II LLC – 820 Cheney Highway
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 

Case #16-95 T Squared Properties Inc – 4615 Rosehill Avenue

Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case #16-97 Marie Nicole Lyle DBA Nicole’s Appliance’s and More – 3314 South Hopkins Avenue

Assistant City Attorney Farrell advised the Board that the City would like to close this case due to compliance.

Officer Crisco testified that compliance was achieved due to the Defendant moving the refrigerator under the overhang of the building.



Case #16-99 AMW Brevard Partnership – 601-621 Cheney Highway
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the November 14, 2016 Board Meeting.


Vice Chairman Bell made a motion to continue Case #16-99 until the November 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
 
 
 
 
VIII. New Business
 
Case #16-115 Richard L Gaudio II – 5001 Riveredge Drive
Officer Crisco testified that he inspected the property on May 10, 2016 and found the alleged violations of Section 6-109; Property Maintenance, Sub Section; 304.2 - Protective Treatment and Section 6-109; Property Maintenance, Sub Section; 304.10 – Stairways, Decks, Porches and Balconies. Assistant City Attorney Farrell Submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Crisco testified that he re-inspected the property and the alleged violations still existed. Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #2.

Board Attorney Rogers advised the Board that the Notice of Hearing and Complaint had been amended to reflect that the Defendant is Richard L Gaudio II not Richard L Gaudio III.

 Mr. Adams testified that applications to repair the second and third floor porches, add roof over third floor porch, and add stairs from second floor porch to ground. Mr. Adams indicated that the City requested additional information from Mr. Gaudio regarding the alterations. The additional information has been submitted, but, Mr. Adams has been unable to review the additional information. Mr. Adams testified that the proposed alterations must meet setback requirements and City Code before the permits can be issued.

Officer Crisco testified that he responded to a complaint from the Home Owner’s Association President regarding the property located at 5001 Riveredge Drive. Officer Crisco testified that a permit was generated May 27, 2016, the permit was never picked up and a balance of $142.00 is owed for the permit. Officer Crisco clarified that the property has not been cited for a violation of 6-56 Permit Required. Officer Crisco submitted five photographs taken on October 10, 2016 as Exhibit #3. Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $409.51, as Exhibit #4.

Board Attorney Rogers requested clarification regarding the Notice of Hearing and Complaint and Affidavit of Posting. Assistant City Attorney Farrell indicated that there was some confusion regarding who was to affirm mail service of the Notice of Hearing and Complaint and posting of the Notice of Hearing and Complaint, but, ultimately Megan Laurencio affirmed to having sent notice as well as posting notice at City Hall, 555 S Washington Avenue, Titusville, Florida, as was originally indicated on the document. Board Attorney Rogers further clarified that Bob Crisco affirmed to have posted a Notice of Hearing and Complaint at 5001 Riveredge Drive, Titusville, Florida.

Mr. Adams testified that the repairs to the siding do not require a permit.

Richard L Gaudio II testified that he is eager to begin construction on his property. Mr. Gaudio testified that he has been unable to speak with the Building Department regarding his plans due to the recent storm.

Mr. Gaudio testified that he needs sixty days to obtain permits. Once Mr. Gaudio has obtained the permits the porches, in alleged violation, on his property will be removed.

Member Moniz made a motion that the Board issue its Finding of Fact in case #16-115 relating to the Defendant Richard L Gaudio II:
  1. That the Defendant was property 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 5001 Riveredge Drive, Titusville, Florida.
  3. The Defendant is in violation of the following Sections of the Code of Ordinance of the City of Titusville: Section 6-109, Property Maintenance; Sub Section 304.2 – Protective Treatment and Section 6-109, Property Maintenance; Sub Section 304.10 – Stairways, Decks, Porches & Balconies.
Member Hillock seconded.  
Roll call vote:
                                    Vice Chairman Bell                 Yes
                                    Member Hillock                      Yes
                                    Member Richardson                No

                                    Member Beckles                     Yes
                                    Member Grant                         Yes

                                    Member Moniz                        Yes
                                    Chairman Cunningham           Yes

Motion did carry due to a majority vote.
 
Member Moniz made a motion that the Board issue its Order to Correct relating to the Defendant, Richard L Gaudio II.
  1. Adjudging the Defendant to be in violation of the Sections of the Code of Ordinances as determined in the Findings of Fact.
  2. Giving the Defendant until 9 am on December 12, 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 December 12, 2016 to show cause why these violations have not been corrected and why this Board should not impose fines for the violations.
  3. The Board reserves jurisdiction to determine costs incurred by the City of Titusville.
Member Hillock seconded. Motion carried by unanimous voice vote.

Case #16-100 2354 Talmadge Drive LLC – 2354 Talmadge Drive
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the November 14, 2016 Board Meeting.


Vice Chairman Bell made a motion to continue Case #16-100 until the November 14, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.

Case#16-101 Wells Fargo Bank NA C/O Countrywide Home Loans – 1104 Tropic Street
Officer Lewis testified that he inspected the property July, 2016 and found the violation of Section 6-109; Property Maintenance, Sub Section 108.1.1; Unsafe Structures. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Lewis testified he re-inspected the property August, 2016 and the property was still in violation of Section 6-109; Property Maintenance, Sub Section 108.1.1; Unsafe Structures. Assistant City Attorney Farrell submitted three photographs of the property taken on July 14, 2016, one photograph of the property taken July 19, 2016 and three photographs of the property taken October 10, 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 $374.29.
 
Vice Chairman Bell made a motion that the Board issue the following Findings of Fact in case #16-101 relating to the Defendant, Wells Fargo Bank NA C/O Countrywide Home Loans:
            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 1104

                 Tropic Street, 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; 108.1.1;                               
     Unsafe Structures.
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Vice Chairman Bell that the Board issue its Order to Correct relating to the Defendant, Wells Fargo Bank NA C/O Countrywide Home Loans.
  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 November 14, 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 November 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 Defendant is assessed and ordered to pay the Administrative Cost of $374.29.
Member Hillock seconded. Motion carried by unanimous voice vote.

Case #16-102 Agnes L Buesing – 1710 Augustine Drive
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case # 16-103 Irene Carn – 1207 Pollyanna Drive

Officer Lewis testified that he inspected the property on December 16, 2015 and found the violations Section 13-26, Overgrowth, Section 6-109; Property Maintenance, Sub Section, 301.3 Vacant Structure and Land, Section 6-109; Property Maintenance, Sub Section 304.2 Protective Treatment and Section 6-109; Property Maintenance, Sub Section 304.1 General – Exterior Maintenance. Assistant City Attorney Farrell indicated that the City would like to withdraw the violation of Section 13-26, Overgrowth. Officer Lewis submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Lewis testified that he re-inspected the property.

 
 
 
 
 
Assistant City Attorney Farrell requested a motion to amend the Notice of Hearing and Complaint to reflect the alleged violation of Section 6-109; Property Maintenance, Sub Section 304.9 Overhang and Extensions, as indicated on the initial Notice of Violation posted on the property. Furthermore, the alleged violation of Section 6-109; Property Maintenance, Sub Section 304.1; General-Exterior Maintenance shall be removed from the Notice of Hearing and Complaint.
 
Officer Lewis indicated that he had spoken with a relative of the property owner in March or April 2016. He has not heard from the relative to date.
 
Assistant City Attorney Farrell submitted five photographs of the property located at 1207 Pollyanna Drive, taken December 16, 2015. Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.
 
Vice Chairman Bell made a motion to amend the Notice of Hearing and Complaint.
Member Beckles seconded. Motion carried by unanimous voice vote.
 
Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $356.68.

Vice Chairman Bell made a motion that the Board issue the following Findings of Fact in Case #16-103 relating to the Defendant, Irene Carn:
  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 1207 Pollyanna Drive, 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, 301.3 Vacant Structure and Land, Section 6-109; Property Maintenance, Sub Section 304.2 Protective Treatment and Section 6-109; Property Maintenance, Sub Section 304.9 Overhang and Extensions.
Member Grant seconded. Motion carried by unanimous voice vote.
 
Vice Chairmen Bell made a motion that the Board issue its Order to Correct relating to the Defendant, Irene Carn.
  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 November 14, 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 November 14, 2016 to show cause why the violations have not been corrected and why this Board should not proceed to impose fines for the violations.
  3. The Defendant is assessed and ordered to pay the Administrative Cost in the amount of $356.68.
Member Richardson seconded. Motion carried by unanimous voice vote.


Case #16-104 Jonathan L Bradley Sr Estate – 3484 Fox Hollow Drive
Officer Crisco testified that he inspected the property located at 3484 Fox Hollow Drive on July 14, 2016 and found the alleged violations of Section 13-26; Overgrowth and Section 13-28; Dead Tree(s). Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Crisco testified that he re-inspected the property on August 9, 2016 and found the property was still in violation of Section 13-26; Overgrowth and Section 13-28; Dead Tree (s). Assistant City Attorney Farrell submitted two photographs of the property taken on October 10, 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 $479.95 as Exhibit #4.

Officer Crisco testified that the property is an empty lot but has been cut in the past.

 
Vice Chairmen Bell mad a motion that the Board issue the following Findings of Fact in Case #16-104 relating to the Defendant, Jonathan L Bradley Sr 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 3484 Fox Hollow Drive, Titusville, Florida.
  3. The Defendant is in violation of the followings Sections of the Code of Ordinances of the City of Titusville: Section 13-26; Overgrowth and Section 13-28; Dead Tree(s), as indicated 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, Jonathan L Bradley Sr Estate.
  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 9am on November 14, 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 November 14, 2016 to show cause why the violations have not been corrected and why this Board should not proceed to impose fines for the violations.
  3. The Defendant is assessed and ordered to pay the Administrative Cost in the amount of $479.95.
Member Richardson seconded. Motion carried by unanimous voice vote.

Case #16-105 Bank of America NA C/O Carrington Mortgage Servicing – 1440 Milton Street
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case as it has recently changed ownership. 


 
 
 
 
Case #16-106 Space Cowboy LLC – 4385 Abbott Avenue
Officer Crisco testified that he inspected the property located at 4385 Abbott Avenue on June 7, 2016 and found the alleged 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 that he re-inspected the property on July 12, 2016 and found the property was still in violation of Section 13-26; Overgrowth. Assistant City Attorney Farrell submitted one photograph of the property taken on October 10, 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 $479.95 as Exhibit #4.
 
Member Beckles made a motion that the Board issue the following Findings of Fact in Case #16-106 relating to the Defendant, Space Cowboy LLC:
  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 4385 Abbott Avenue, Titusville, Florida.
  3. The Defendant is in violation of the followings Section of the Code of Ordinances of the City of Titusville: Section 13-26; Overgrowth as indicated in the complaint.
    Member Hillock seconded. Motion carried by unanimous voice vote.
     
    Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendant, Space Cowboy LLC.
  4. 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.
  5. Giving the Defendant until 9am on November 14, 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 November 14, 2016 to show cause why the violations have not been corrected and why this Board should not proceed to impose fines for the violations.
  6. The Defendant is assessed and ordered to pay the Administrative Cost in the amount of $479.95.
    Member Hillock seconded. Motion carried by unanimous voice vote.

    Case #16-107 Earlene A Conaway Life Estate – 4735 Key Biscayne Drive
    Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
    Case #16-108 James B McGowen – 1205 La Brea Avenue

    Officer Crisco testified that he inspected the property located at 1205 La Brea Avenue July 13, 2016 and found the alleged violations of Section 13-26; Overgrowth, Section 12-23; Junk and Debris, Section 18-11, Nuisance Pool; Section 6-109, Property Maintenance, Sub Section; 302.7;Accessory Structure – Pool Enclosure; Section 6-109, Property Maintenance, Sub Section 302.1-Exterior Sanitation; 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.

    Member Moniz stated that he is a neighbor of the Defendant but has no issue ruling on Case #16-108.
     
    Officer Crisco testified that he re-inspected the property on August 2, August 12 and August 29, 2016. Officer Crisco stated that he spoke with the Defendant on September 14, 2016 and explained the nature of the alleged violations at the property. Officer Crisco telephoned the Defendant prior to the Code Board meeting. The Defendant indicated that he does not have the funds to fix the alleged violations. Officer Crisco testified that Code Enforcement has initiated code action four times, in recent years, at the property located at 1205 La Brea Avenue.
     
    Assistant City Attorney Farrell submitted four photographs of the property taken on October 10, 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 $515.17, as Exhibit #4.
     
    Member Beckles made a motion that the Board issue the following Findings of Fact in Case #16-108 relating to the Defendant, James B McGowen:
  7. That the Defendant was properly notified of the violations as alleged in the complaint.
  8. The Defendant is the owner of, or in possession of, the real property located at 1205 La Brea Avenue, Titusville, Florida.
  9. The Defendant is in violation of the following Sections of the Code of Ordinances of the City of Titusville: Section 13-26; Overgrowth, Section 12-23; Junk and Debris, Section 18-11, Nuisance Pool; Section 6-109, Property Maintenance, Sub Section; 302.7; Accessory Structure – Pool Enclosure; Section 6-109, Property Maintenance, Sub Section 302.1-Exterior Sanitation; Section 6-109, Property Maintenance, Sub Section 303.1-Swimming Pool Maintenance.
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Officer Crisco testified that Section 18-11; Nuisance Pool covers the mechanical operation of the pool.
 
Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendant, James B McGowen.
  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 9am on November 14, 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 November 14, 2016 to show cause why the violations have not been corrected and why this Board should not proceed to impose fines for the violations.
  3. The Defendant is assessed and ordered to pay the Administrative Cost in the amount of $515.17.
Member Moniz seconded. Motion carried by unanimous voice vote.
Case # 16-109 Cassie M Peabody Trustee – 4595 Browning Avenue
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case #16-110 Carl O L Dodd – 4415 Barna Avenue

Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case #16-111 Winder V LLC – 935 Scott Street

Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case #16-112 Glen A Hedden & Crystal J Hedden – 310 Boye Avenue
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case #16-113 UG Titusville FL LLC – Tax ID 2220962 Windover Way

Officer Crisco testified that he inspected the property December 23, 2015 and found the alleged 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 and the property was still in violation of Section 13-26; Overgrowth. Assistant City Attorney Farrell submitted two photographs of the property taken October 10, 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 $708.88 as Exhibit #4.

Officer Crisco testified that he has not had any contact with the Defendant.

 
Vice Chairman Bell made a motion that the Board issue the following Findings of Fact in Case #16-113 relating to the Defendant, UG Titusville FL LLC:
  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 Tax ID 2220962 Windover Way, 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.
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, UG Titusville FL LLC.
  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 November 14, 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 November 14, 2016 to show cause why the violation has not been corrected an 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 of $708.88.
Member Moniz seconded. Motion carried by unanimous voice vote.


Case #16-116 Melissa K Kesler – 4975 Riveredge Drive
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance. 
Case #16-117 Reva Watson – 527 Rock Pit Road

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

Case #16-114 Pamela L Green – 1465 Thoreau Street
Assistant City Attorney Farrell advised the Board that the City has withdrawn this case due to compliance.
XXX
 
IX.       BOARD ATTORNEY’S REPORT

Case #16-27 Sylvia L Tu & Chin Ann Hui – 3970 Hickory Hill Blvd
Board Attorney Rogers advised the Board that Assistant City Attorney Farrell requested a withdrawal and vacation of the Final Judgement rendered March 31, 2016 by the Board, for Case #16-27, as the Parcel ID number and legal description on the Final Judgement was incorrect.

Vice Chairman Bell made a motion to remove the Final Judgement for Case #16-27.

 
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Board Attorney Rogers advised the Board that he would be unable to attend the November 14, 2016 Municipal Code Enforcement Board Meeting.
 
 
 
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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
     Chairman Cunningham advised City Staff that he would like Overgrowth and Junk and Debris Code Board cases expedited.
 
  XXX
 
 
XIII.    BOARD MEMBER’S REPORT
No report.
XXX
 
XIV.    ADJOURNMENT - 5:16pm
 
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