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The City of Titusville, Florida / Police / Code Enforcement

Monday, November 14, 2016

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, NOVEMBER 14, 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 Jeanne Hillock, Member Gina Beckles, Member Edward Moniz, Member Romie Grant, and Alternate Board Member Joseph Richardson.
 
Members absent: Chairman Mike Cunningham, 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 was Assistant City Attorney Chelsea Farrell.
 

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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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Member Moniz made a motion for approval of the October 10, 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 Code Manager Glenn Tolleson had received an update on the property. Code Manager Tolleson advised the Board that the Engineer of Record stated the project will be moving forward in early 2017. Assistant City Attorney Farrell requested the case be continued one month.
 
Member Moniz made a motion to continue Case #13-49 until the December 12, 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 they had previously found violations to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and reserved the Administrative Cost of $429.36. Assistant City Attorney Farrell advised that the property is not in compliance as the violations still exist.

Officer Tuggle testified that she re-inspected the property and found the property to still be in violation of Section 6-109, Property Maintenance; Sub Section, 303.1 - Swimming Pool Maintenance. Officer Tuggle testified that the violations of Section 13-26; Overgrowth and Section 12-23; Junk and Debris were no longer in violation upon re-inspection. Assistant City Attorney Farrell advised the Board that the City would like to withdraw the violations of Section 13-26; Overgrowth and Section 12-23; Junk and Debris.

Officer Tuggle testified that there is a locked fence surrounding the pool on the property. Officer Tuggle advised that the pool is black and that the property is occupied.

Officer Tuggle submitted two photographs of the property taken on November 14, 2016 to the Board for review.

Code Manager Tolleson advised the Board that Brevard County Mosquito Control treats nuisance pools to hinder breeding of mosquitos.



Member Beckles made a motion that the Board issue the following Findings of Fact in Case #16-53 relating to the Defendant, Sandra S Petty.
owner of, or in possession of, the real property located at 1385
  1. That the Defendant continued to be in violation of the following section of the Code of Ordinances of the City of Titusville, Section 6-109, Property Maintenance; Sub Section 303.1 – Swimming Pool Maintenance as previously determined by the Board.

     
Member Hillock seconded. Motion carried by unanimous voice vote.


Member Moniz made a Motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, Sandra S Petty, based upon the Findings of Fact issued this date, and that the Judgement contain the following provisions:

 
  1. The Defendant is assessed and ordered to pay a fine of $100.00 per day, per violation of Section 6-109, Property Maintenance; Sub Section 303.1 – Swimming Pool Maintenance, as set forth in the Findings of Fact herein.
  2. The fine shall commence on November 14, 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 #16-78 Jennie Hester Estate C/O Rosaline Hester – 909 Pine Street
Assistant City Attorney Farrell advised the Board that they had 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 $446.97. Assistant City Attorney Farrell advised the Board that the property is 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 12-23; Junk and Debris, Section 13-26; Overgrowth and Section 12-26; Camping Exceptions.

Assistant City Attorney Farrell clarified Section 12-26; Camping Exceptions, to the Board, which prohibits camping on a property without express permission from the Property Owner.

Assistant City Attorney Farrell advised the Board that Jennie Hester is deceased.

Assistant City Attorney Farrell also advised the Board that the property will be sold in a Tax Deed Sale in the near future.



Member Moniz made a motion that the Board issue the following Findings of Fact in Case #16-78 relating to the Defendant Jennie Hester Estate C/O Rosaline Hester.
 
  1. That the Defendant continued to be 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 12-26; Camping Exceptions, on November 14, 2016, as previously determined by the Board.

Member Hillock seconded. Motion carried by unanimous voice vote.


Member Moniz made a Motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, Jennie Hester Estate C/O Rosaline Hester, based upon the Findings of Fact issued this date, and that the Judgement contain the following provisions:

 
  1. The Defendant is assessed and ordered to pay a fine of $150.00 per day, per violation of Section 12-23; Junk and Debris, Section 13-26; Overgrowth and Section 12-26; Camping Exceptions, as set forth in the Findings of Fact herein.
 
  1. 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 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 Farrell advised the Board that they had 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 $446.97. Assistant City Attorney Farrell advised that the property is 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 12-23; Junk and Debris, Section 13-26; Overgrowth and Section 12-26; Camping Exceptions.

Officer Crisco submitted one photograph of the property taken on November 14, 2016 to the Board for review.

Member Beckles requested to see evidence of camping on the property. Assistant City Attorney Farrell displayed a photograph on the overhead to distinguish the individual structures on the adjoining properties of 909 Pine Street and 515 S De Leon Avenue.

The violation of Section 12-26; Camping Exceptions was unable to be substantiated and the Board chose to withdraw the violation from its Findings of Fact



Member Grant made a motion that the Board issue the following Findings of Fact in Case #16-79 relating to the Defendant Richard E Bakula & I Lousie Bakula C/O Barbara Whitley.
 
  1. That the Defendant continued to be in violation of the following Sections of the Code of Ordinances of the City of Titusville on November 14, 2016, Section 12-23; Junk and Debris, and Section 13-26; Overgrowth, as previously determined by the Board.


    Member Hillock seconded. Motion carried by unanimous voice vote.
     
    Member Moniz made a Motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendants, Richard E Bakula,  I Lousie Bakula C/O Barbara Whitley, based upon the Findings of Fact issued this date, and that the Judgement contain the following provisions:

     
  2. The Defendant is assessed and ordered to pay a fine of $150.00 per day, per violation of Section 12-23; Junk and Debris, and Section 13-26;Overgrowth,as set forth in the Findings of Fact herein.
  3. 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 Richardson 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 advised the Board that they had previously found violations to exist and ordered the Defendants to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $446.97. Assistant City Attorney Farrell advised that the property is not in compliance as the violations still exist.
 
Deputy Building Official Steve Adams testified that the Defendants have communicated with the Building Department regarding the permits. Mr. Adams advised the Board that three applications are approved, awaiting payment before issuance. Mr. Adams advised that two permits are unable to be approved due to their location within the St John’s River Water Management District Easement. Mr. Adams advised the Board that the Defendants are working with St John’s River Water Management District directly.

Member Moniz made a motion to continue case 16-82 until the December 12, 2016 Board meeting. Member Hillock seconded. Member Beckles abstained. Motion carried by unanimous voice vote.

 
Case #16-89 Lapohn Enterprises LLC – 503 Cheney Highway
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the December 12, 2016 Board Meeting.

Assistant City Attorney Farrell advised the Board that the Defendant is awaiting a property survey and submitted a letter from the Defendant to the Board for review.



Member Moniz made a motion to continue Case #16-89 until the December 12, 2016 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.
 
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 December 12, 2016 Board Meeting.


Member Moniz made a motion to continue Case #16-99 until the December 12, 2016 Board meeting. 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 withdraw this case due to a procedural error in the documents.



Case#16-101 Wells Fargo Bank NA C/O Countrywide Home Loans – 1104 Tropic Street
Assistant City Attorney Farrell advised the Board that they had previously found violations to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $374.29. Assistant City Attorney Farrell advised that the property is not in compliance as the violations still exist.
 

Officer Lewis testified that he re-inspected the property and found the violation of Section 6-109; Property Maintenance, Sub Section 108.1.1; Unsafe Structures.


Officer Lewis submitted one photograph taken November 14, 2016 to the Board for review.


Member Grant 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 continued to be in violation of the following Sections of the Code of Ordinances of the City of Titusville on November 14, 2016, Section 6-109; Property Maintenance, Sub Section; 108.1.1; Unsafe Structures, as previously determined by the Board.


    Member Hillock seconded. Motion carried by unanimous voice vote.
     
    Member Beckles made a Motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, Wells Fargo Bank NA C/O Countrywide Home Loans, based upon the Findings of Fact issued this date, and that the Judgement contain the following provisions:

     
  2. The Defendant is assessed and ordered to pay a fine of $150.00 per day, per violation of Section 6-109; Property Maintenance, Sub Section; 108.1.1; Unsafe Structures as set forth in the Findings of Fact herein.
  3. The fine shall commence on November 14, 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 # 16-103 Irene Carn – 1207 Pollyanna Drive

Assistant City Attorney Farrell advised the Board that they had previously found violations to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $356.68. Assistant City Attorney Farrell advised that the property is not in compliance as the violations still exist.

Officer Lewis testified that he re-inspected the property found the property to still be in violation of, Section 6-109; Property Maintenance, Sub Section 304.2 Protective Treatment and Section 6-109; Property Maintenance, Sub Section 304.9 Overhang Extensions.

The City withdrew the previously found violation of Section 6-109; Property Maintenance, 301.3 Vacant Structure & Land.

Officer Lewis submitted one photograph of the property taken November 14, 2016

Officer Lewis testified that the entire structure is in need of new paint. Officer Lewis testified that upon re-inspection the Defendant had painted a very small portion of the home, but it is still in violation.

Member Moniz 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 continued to be in violation of the following Sections of the Code of Ordinances of the City of Titusville: Section 6-109; Property Maintenance, Sub Section 304.2 Protective Treatment and Section 6-109; Property Maintenance, Sub Section 304.9 Overhang Extensions as previously determined by the Board on October 10, 2016.


     
Member Hillock seconded. Motion carried by unanimous voice vote.


Member Moniz made a Motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, Irene Carn, based upon the Findings of Fact issued this date, and that the Judgement contain the following provisions:

 
  1. The Defendant is assessed and ordered to pay a fine of $200.00 per day, per violation of Section 6-109; Property Maintenance, Sub Section; 304.2 - Protective Treatment and Section 6-109; Property Maintenance, Sub Section; 304.9 – Overhang Extensions as set forth in the Findings of Fact herein.
  2. The fine shall commence on November 14, 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 #16-104 Jonathan L Bradley Sr Estate – 3484 Fox Hollow Drive
Assistant City Attorney Farrell advised the Board that they had previously found violations to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $479.95. Assistant City Attorney Farrell advised that the property is not in compliance as the violations still exist.

 
Officer Crisco testified that he re-inspected the property located at 3484 Fox Hollow Drive on July 14, 2016 and found that it was still in violation of Section 13-26; Overgrowth and Section 13-28; Dead Tree(s).

Officer Crisco testified that the initial inspection of the property took place July 14, 2016.


Member Beckles made 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. The Defendant continued to be in violation of the following Sections of the Code of Ordinances of the City of Titusville: Section 13-26; Overgrowth and Section 13-28; Dead Tree(s), as previously determined by the Board.
 
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Member Beckles made a motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, Jonathan L Bradley Sr Estate, based on the Findings of Fact issued this date, and that the Judgement contain the following provisions:
  1. The Defendant is assessed and ordered to pay $150.00 per day for each section violation.
  2. The fine shall commence on November 14, 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 #16-106 Space Cowboy LLC – 4385 Abbott Avenue
Assistant City Attorney Farrell advised the Board that they had previously found a violation to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $479.95. Assistant City Attorney Farrell advised that the property is not in compliance as the violation still exists.
 
Officer Crisco testified that he re-inspected the property located at 4385 Abbott Avenue and found that the property was still in violation of Section 13-26; Overgrowth.

Officer Crisco submitted one photograph taken November 14, 2016 to the Board for review.


Member Grant made a motion that the Board issue the following Findings of Fact in Case #16-106 relating to the Defendant, Space Cowboy LLC:

 
  1. The Defendant continued to be in violation of the following Section of the Code of Ordinances of the City of Titusville: Section 13-26; Overgrowth as previously determined by the Board.
     
Member Moniz seconded. Motion carried by unanimous voice vote.


Member Grant made a motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, Space Cowboy LLC, based on the Findings of Fact issued this date, and that the Judgement contain the following provisions:
  1. The Defendant is assessed and ordered to pay $150.00 per day for the violation of Section 13-26; Overgrowth.
  2. The fine shall commence on November 14, 2016, and shall continue until the Code Violations have been corrected to the written satisfaction of the Code Enforcement Officer.

Member Moniz seconded. Motion carried by unanimous voice vote.

Case #16-108 James B McGowen – 1205 La Brea Avenue
Assistant City Attorney Farrell advised the Board that they had previously found violations to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $515.17. Assistant City Attorney Farrell advised that the property is in partial compliance as some of the violations still exist.

Member Moniz stated that he is a neighbor of the Defendant but had no issue ruling on Case #16-108.

 
Officer Crisco testified that he re-inspected the property located at 1205 La Brea Avenue, and found that it was still in violation of 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 303.1-Swimming Pool Maintenance.
 
Officer Crisco testified that the Defendant advised him that he did not have the funds to fix the violations on the property.


Member Beckles made a motion that the Board issue its Order Finding Partial Compliance in Case #16-108, finding the Defendant, James B McGowen in compliance with the prior Decision of this Board issued in this case proceeding for Section 13-26; Overgrowth, Section 12-23; Junk & Debris, and Section 6-109; Sub Section 302.1 - Exterior Sanitation.


Member Hillock seconded. Motion carried by unanimous voice vote.

Member Beckles made a motion that the Board issue the following Finding of Fact, in Case #16-108, relating to the Defendant, James B McGowen:

 
  1. The Defendant continued to be in violation of the following Sections of the Code of Ordinances of the City of Titusville: Section 18-11, Nuisance Pool; Section 6-109, Property Maintenance, Sub Section; 302.7; Accessory Structure – Pool Enclosure; Section 6-109, Section 6-109, Property Maintenance, Sub Section 303.1-Swimming Pool Maintenance as previously determined by the Board.
 
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Member Beckles made a motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, James B McGowen, 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 $150 per day, per continuing violation for the violation of Section 18-11; Nuisance Pool, Section 6-109; Property Maintenance, Sub Section; 302.7, Accessory Structures – Pool Enclosure, and Property Maintenance, Sub Section 303.1 Swimming Pool Maintenance, as set forth in the Findings of Fact herein.
  2. The fine shall commence on November 14, 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 #16-113 UG Titusville FL LLC – Tax ID 2220962 Windover Way
Assistant City Attorney Farrell advised the Board that they had previously found a violation to exist and ordered the Defendant to bring the property into compliance on or before November 14, 2016 and assessed the Administrative Cost of $708.88. Assistant City Attorney Farrell advised that the property is not in compliance as the violation still exists.

Officer Crisco testified that he re-inspected the property found it was still in violation of Section 13-26; Overgrowth.

Officer Crisco testified that he had contact with the Defendant in past cases, but, has not been able to reach the Defendant recently.

Officer Crisco submitted two photographs of the property taken on November 14, 2016 to the Board for review.

 
Member Moniz made a motion that the Board issue the following Finding of Fact, in Case #16-113, relating to the Defendant, UG Titusville LLC:

 
  1. The Defendant continued to be in violation of the following Section of the Code of Ordinances of the City of Titusville: Section 13-26; Overgrowth, as previously determined by the Board.
     
    Member Beckles seconded. Motion carried by unanimous voice vote.
     
    Member Moniz made a motion that the Board issue its Final Judgement Assessing Fine and Imposing Lien relating to the Defendant, UG Titusville LLC, based upon the Findings of Fact issued this date, and that the Judgment contain the following provisions:
     
  2. The Defendant is assessed and ordered to pay a fine of $200 per day, per for the violation Section 13-26; Overgrowth, as set forth in the Findings of Fact herein.
  3. The fine shall commence on November 14, 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
 
VIII. New Business
 
Case #16-125 Frances M Ferraiuolo – 2730 Redwood Avenue
Officer Crisco testified he inspected the property August 15, 2016 and found the alleged violations of Section 13-26; Overgrowth, Section 6-109; Property Maintenance, Sub Section; 102.2 - Occupied with No Active Water Source, Section 6-109; Property Maintenance, Sub Section 308.2.2 - Refrigerators Stored. 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 on September 9, 2016 and advised that Section 13-26; Overgrowth and Section 6-109; Property Maintenance, Sub Section 308.2.2, Refrigerators Stored were in compliance.

Officer Crisco testified that there has been a car in the driveway on several inspections, leading him to believe that the property is occupied.



Assistant City Attorney Farrell advised the Board that the property located at 2730 Redwood Avenue, was previously brought before the Board, as case #16-34 for the violation of Section 6-109; Property Maintenance, Sub Section 102.2 – Occupied with No Active Water Source. Officer Crisco testified that the occupant residing at the residence was a family member of the Defendant in the previous case.

Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #2. Assistant City Attorney Farrell submitted one photograph of the property located at 2730 Redwood Avenue, taken November 14, 2016 as Exhibit #3. Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $374.69 as Exhibit #4.

Assistant City Attorney Farrell advised the Board that Mr. Paul Ferraiuolo entered into a pay arrangement with the Utility Billing Department March 21, 2016. Utility Billing Manager Carrie Beatty testified that Mr. Paul Ferraiuolo had defaulted on the pay arrangement on June 2, 2016 and currently owes a balance of $697.14. Ms. Beatty testified that there is no record of utility tampering and the water is still off, the meter is locked, and there has been no water consumption.

 
Assistant City Attorney Farrell advised the Board that the property was occupied previously.

Member Grant requested clarification regarding the withdrawn violation of Section 13-26; Overgrowth. Officer Crisco testified that the property is not currently overgrown.

The neighbor of the Defendant had advised that he would present testimony regarding the occupancy status of the property located at 2730 Redwood Avenue, however, the neighbor did was not present at the meeting.



Member Beckles made a motion to continue case #16-125 until the December 10, 2016 Board meeting.

Member Richardson seconded. Motion carried by unanimous voice vote.

Case #16-119 Mari D Anderson – 423 Main Street
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.


Case#16-121 2354 Talmadge Drive LLC – 2356 Talmadge Drive
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to procedural errors and will be recited.
 
Case #16-123 John and Deborah Lungo – 5004 Santa Anna Avenue
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.

Case # 16-124 Stephen R McClasin and Angela Dibernardo McClasin – 798 Florencia Circle
Officer Crisco testified that he inspected the property July 28, 2016 and found the alleged violations of Section 18-11; Nuisance Pool, Section 6-109; Property Maintenance, Sub Section 303.1; Swimming Pool Maintenance, and Section 6-109; Property Maintenance, Sub Section 303.2; Enclosures (Pools). 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 November 14, 2016 and advised that the alleged violations still existed.

Assistant City Attorney Farrell submitted one photograph of the property taken September 23, 2016, one photograph taken October 19, 2016 and five photographs taken November 14, 2016 as Exhibit #2.

Officer Crisco testified that the pool on the property has been covered with a plastic covering, but this does is not satisfactory. Officer Crisco testified that the pool enclosure is in disrepair and the door to the pool does not lock.

Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3. Officer Crisco testified that the alleged violations found on the property still existed upon re-inspection.  Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $479.95 as Exhibit #4.



Member Moniz made a motion that Board issue the following Findings of Fact in Case #16-124 relating to the Defendants Stephen R McClasin and Angela Dibernardo McClasin.

 
  1. That the Defendants were properly notified of the violations as alleged in the complaint.
  2. The Defendants are the owners of, or in possession of, the real property located at 798 Florencia Circle, Titusville, Florida.
  3. The Defendants are in violation of the following Sections of the Code of Ordinances of the City of Titusville:Section 18-11; Nuisance Pool, Section 6-109; Property Maintenance, Sub Section 303.1; Swimming Pool Maintenance, and Section 6-109; Property Maintenance, Sub Section 303.2; Enclosures (Pools), as indicated in the complaint.
     
Member Beckles seconded. Motion carried by unanimous voice vote.  
 
Member Moniz made a motion that the Board issue its Order to Correct relating to the Defendants, Stephen R McClasin and Angela Dibernardo McClasin.
 
  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 December 12, 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 December 12, 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 Defendants are assessed and ordered to pay the Administrative Cost in the amount of $479.95.
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
Member Richardson requested the status of the property located at 2825 S Washington Avenue. Assistant City Attorney Farrell requested that Member Richardson meet with her privately for a status report.
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XIV.    ADJOURNMENT – 4:02 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