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The City of Titusville, Florida / Police / Code Enforcement

Monday, December 12, 2016

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY, DECEMBER 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 Jeanne 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, 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 advised the Board that he had requested that Megan, the Board Secretary, amend the November meeting Minutes in nine Final Judgements. The revision was made in order to reflect the following; that the Defendant was properly notified of the violation(s), that the Defendant is the Property Owner of the property in violation of the City of Titusville Code of Ordinances, and that the Property continued to be in Violation of the City of Titusville Code of Ordinances. Board Attorney Rogers advised the Board that this revision was unnecessary and that the November Minutes will be amended to solely reflect that the Property continued to be in violation of the City of Titusville Code of Ordinances. Board Attorney Rogers advised the Board that he would like to continue to prepare Final Judgements to reflect that the Defendant was properly notified of the violation(s), that the Defendant is the Property Owner of the property in violation of the City of Titusville Code of Ordinances, and that the Property continued to be in violation of the City of Titusville Code of Ordinances.

Board Attorney Rogers advised the Board that he had requested that the Board Secretary amend the minutes to reflect an accurate Fine Commencement date of November 14, 2016 in seven of nine Final Judgements.
 
Vice Chairman Bell made a motion for approval of the November 14, 2016 minutes. Member Hillock seconded. Motion carried by unanimous voice vote.
 
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VII.     OLD BUSINESS  
 
 
Case #13-49 Northwood Investments LLC – 3800-3810 S Washington Avenue
Assistant City Attorney Farrell advised the Board that Code Manager Glenn Tolleson had an update on the property.
 
Code Manager Tolleson advised the Board that he had walked the property earlier in the week and that the Defendant is continuing to make progress.
 
Assistant City Attorney Farrell requested the case be continued one month.
 
Member Moniz made a motion to continue Case #13-49 until the January 9, 2017 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 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 paid for and obtained a fence permit. Mr. Adams advised the Board that there are two permits that will be issued pending payment and two permits that have been formally denied.

Tom Fernstrom, President, Catherdral Pines Home Owner’s Association, advised the Board that he is concerned with the length of time it has taken to resolve Case #16-82. Mr. Fernstrom advised the Board that he would like to see Mr. Shaw pick up the approved permits and begin demolition on the improvements that are unable to be permitted.


Mr. Adams testified that the approved permits include a fence permit, a permit to enclose a preexisting screened room into a habitable space, and a permit for an accessory car port. The unapproved permits include a concrete pad and a 10x14 accessory structure, these permits were denied due to their location within the St John’s Water Management District Easement. Mr. Adams testified that the Building Department does not have the authority to force Mr. Shaw to demolish the unapproved concrete pad and accessory structure. Mr. Adams testified that the fence on Mr. Shaw’s property is within the St John’s Water Management District Easement, however, St John’s Water Management District had no issue with the fence’s location.

Gregory E Shaw advised that he is in contact with Mr. Jennings, a representative of the St. John’s Water Management District. Mr. Shaw advised the Board that he is awaiting a response from St. John’s Water Management District regarding the improvements within the easement. Mr. Shaw advised the Board that he could remove the concrete if requested. Mr. Shaw also advised that he would pick up the two outstanding permits Wednesday December 14, 2016.

Mr. Adams testified that he would be willing to issue the permits with permission from St. John’s Water Management District. However, Mr. Adams advised that it is unlikely that St. John’s Water Management District would grant permission for anything other than a fence within their easement.

Mr. Fernstrom advised that he is in regular contact with Mr. Jennings of St John’s Water Management District. Mr. Fernstrom advised that he would continue to consult with Mr. Jennings.

Member Moniz asked Mr. Shaw if he was going to meet with a representative of St John’s Water Management District.

Mr. Shaw advised that he has been unable to meet with a representative of St John’s Water Management District. He spoke with Mr. Jennings on November 21, 2016. At that time Mr. Jennings advised Mr. Shaw that he would not be able to meet for several weeks.

Chairman Cunningham advised Mr. Shaw that the City is only concerned with enforcing City Code. Chairman Cunningham also advised Mr. Shaw that a survey would show exactly where the easement is.

Board Attorney Rogers advised the Board that an Order to Correct was issued for November 14, 2016. Board Attorney Rogers advised Mr. Shaw that the Board could impose a fine, retroactively to November 14, 2016.    

Mr. Fernstrom submitted a survey for review to Chairman Cunningham.

 
Member Moniz advised Mr. Shaw to remove the unpermitted structures and obtain the two outstanding permits in order to achieve compliance.

Member Moniz made a motion to continue case 16-82 until the January 9, 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 January 9, 2017 Board Meeting.

Assistant City Attorney Farrell advised the Board that the Defendant has been working with the Planning Department on Site Development Plans.



Member Moniz made a motion to continue Case #16-89 until the January 9, 2017 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 April 10, 2017 Board Meeting.

Assistant City Attorney Farrell advised the Board that the property owner has a signed contract to repair the fence, however, the fence installation will not be completed until March due to the current work load of the hired fencing contractor.

Officer Crisco testified that he has been communicating with property manager Bob Marcus. Mr. Marcus has emailed a copy of the signed fencing contract with a $5000.00 deposit to Officer Crisco.



Vice Chairman Bell made a motion to continue Case #16-99 until the April 10, 2017 Board meeting. Member Richardson seconded. Motion carried by unanimous voice vote.
 
Case # 16-115 Richard L Gaudio II – 5001 Riveredge 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 December 12, 2016 and reserved the Administrative Cost of $409.51. Assistant City Attorney Farrell advised the Board that the property is not in compliance, however, Mr. Adams was present to provide an update to the Board.

Mr. Adams advised the Board that the applicant has paid for and obtained a building permit to remove and replace the deck and balcony structures. Assistant City Attorney Farrell advised the Board that the violation of Section 6-109; Property Maintenance, Sub Section 304.2; Protective Treatment still exists on the property.



Chairman Cunningham recalled that Mr. Gaudio had stated he would make the repairs and then apply protective treatment.

Code Enforcement Manager Tolleson advised that Mr. Gaudio acquired his permit on December 2nd, 2016.



Board Attorney Rogers advised the Board that Case #16-115 was continued from the October 10, 2016 Board meeting.

Chairman Cunningham advised the Board that an inspection must be performed by the Building Department within six months, and that the permit expires one year from issuance. Chairman Cunningham also advised that if an approved inspection is not conducted within six months the permit expires.

Alexander George Ritchie testified that he is concerned that the decks and balconies located at 5001 Riveredge Drive pose an immediate danger to occupants of neighboring properties. Assistant City Attorney Farrell submitted four photographs of the property taken by Mr. Ritchie on 12/11/2016 to the Board for review.

 
Chairman Cunningham requested that Deputy Building Official Steve Adams inspect the property as soon as possible and make a determination whether the deck and balconies pose an imminent danger to the public.

Robyn Taylor Ritchie testified that guardrails and fascia have fallen from the deck and balcony.



Chairman Cunningham advised that the Board can require the Property Owner to make the property safe after a determination of imminent danger has been made by a Building Official.

Vice Chairman Bell made a motion to continue Case # 16-115 until the January 9, 2016 Board meeting. Member Grant seconded. Motion carried by unanimous voice vote.



Case # 16-127 (New Business) Rabih El Aouar, Sabair Zuhair & Mounira Aouar Trust – 2301 Alexander Drive
Assistant City Attorney Farrell advised the Board that this case was initiated by Officer Tuggle but Officer Hutchings would present the case to the Board.
 
Officer Hutchings testified that he reviewed Officer Tuggle’s case notes and upon her inspection  of the property located at 2301 Alexander Drive she found the alleged violations of Section 20-58A; Parking A- Yard Parking, Section 13-73; Inoperative Vehicles Prohibited, and Section 20-58E; Parking E- Trailer Parking.

Assistant City Attorney Farrell clarified Section 20-58 A; Parking A – Yard Parking and Section 20-58 E; Parking E- Trailer Parking for the Board. Assistant City Attorney Farrell submitted Code Section print outs; Section 20-58 A; Parking A – Yard Parking and Section 20-58 E; Parking E-Trailer Parking, to the Board as Exhibit #1.

 
Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #2.  Officer Hutchings testified that he re inspected the property December 12, 2016 and found the alleged violations still existed. Assistant City Attorney Farrell submitted one photograph of the property taken November 8, 2016 and three photographs taken December 12, 2016 as Exhibit #3. Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting at Exhibit #4. Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $427.12 as exhibit #5.
 
Chairman Cunningham asked if the boat meets requirements to be stored on the property. Assistant City Attorney Farrell advised that a fence exists on the property that would prevent the boat from being stored properly, however, if the fence were no longer on the property the boat could hypothetically be stored on the property. Assistant City Attorney Farrell advised that the SUV and the Lexus located on the property have been photographed without tags.

Zuhair Sabra testified he co-owns the property located at 2301 Alexander Drive with his son. Mr. Sabra advised the Board that his son is a car dealer. Mr. Sabra’s son was recently involved in a vehicle accident and accordingly could not be at the December 12, 2016 Code Board meeting. Mr. Sabra advised the Board that he will make sure that the outstanding violations are taken care of and requested a continuance.

Board Attorney Rogers requested clarification regarding the accuracy of the Defendants listed on the documents for Case #16-127. Assistant City Attorney Farrell confirmed that the information on City documents are consistent with the Property Owner’s information from the Brevard County Property Appraiser’s website.

Vice Chairman Bell made a motion to continue Case #16-127 until the January 9, 2017 Board meeting. Member Hillock seconded. Motion carried by unanimous voice vote.


Case # 16-124 Stephen R McCaslin and Angela Dibernardo McCaslin – 798 Florencia Circle
Assistant City Attorney Farrell advised the Board that there was a typo on the Agenda and the Defendants last name is McCaslin, not McClasin. 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 December 12, 2016 and assessed the Administrative Cost of $479.95. Assistant City Attorney Farrell advised 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 18-11; Nuisance Pool, Property Maintenance 6-109; Sub Section 303.1 Swimming Pool Maintenance and Property Maintenance 6-109; Sub Section 303.2 Enclosures.

Officer Crisco testified that he has had contact with the Defendants in the past, however, they have not had any contact recently. Officer Crisco testified that the property is vacant.

Member Moniz asked Officer Crisco if the pool enclosure poses an immediate safety concern. Officer Crisco advised that the pool is fenced.

Officer Crisco submitted one photograph of the property taken December 12, 2016 to the Board for review.

Member Beckles disclosed that she is working one of the Property Owners’ in a personal matter, but this relationship will not impair her neutrality in regard to Case #16-124.

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

 
  1. The Defendants continued to be in violation of all Sections of the Code of Ordinances of the City of Titusville on December 12, 2016 as previously determined by this Board.
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Member Grant made a motion that the Board issue its Final Judgement Assessing Fines and Imposing Liens relating to the Defendants, Stephen R McCaslin and Angela Dibernardo McCaslin, 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 $150.00 per day, per violation for the violation of the following sections of the City of Titusville Code of Ordinances: 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.
  2. The fine shall commence December 12, 2016.

Member Hillock seconded. Motion carried by unanimous voice vote.

Case #16-125 Frances M Ferraiuolo – 2730 Redwood Avenue

Assistant City Attorney Farrell advised the Board that they had previously heard testimony in this case, but the case was continued at the November 2016 Board Meeting.
 
Officer Crisco testified that he re inspected the property and found the property to still be in violation of Section 6-109, Property Maintenance; Sub Section 102.2; Occupied with No Active Water Source.

Assistant City Attorney Farrell advised the Board that Case #16-125 was continued from the November 14, 2016 Board meeting. Assistant City Attorney Farrell also advised the Board that a representative for the Property Owner was to appear at the last Board meeting but did not show up.


Officer Crisco testified that on December 2, 2016 there was a vehicle in the driveway that is registered to Linda Ferraiuolo. Officer Crisco testified that on December 5, 2016 he was able to photograph refuse in the trash cans. Officer Crisco also testified that there was more refuse in the trash can on December 12, 2016. Officer Crisco advised that the Florida Power and Light meter is operational and the air conditioner was running during his latest reinspection. Assistant City Attorney Farrell submitted one photograph taken December 2, 2016, two photographs taken on December 5, 2016, two photographs taken December 7, 2016 and two photographs taken December 12, 2016 as Exhibit #1.

Utility Billing Manager Carrie Beatty testified that a pay arrangement, with a deposit of $100.00,   was established by an occupant of 2730 Redwood Avenue on March 15, 2016. Ms. Beatty testified that the current past due balance of the account is $721.05 and water service was terminated June 2, 2016 due to a voided pay arrangement.

 
Assistant City Attorney Farrell advised the Board that the son of the Defendant claimed to be residing with a neighbor, however, the neighbor has not provided testimony to determine this is accurate. Assistant City Attorney Farrell also advised that Probate has not been initiated in regard to the property.

Board Attorney Rogers reviewed the November 14, 2016 Decision of this Board for the Board. Board Attorney Rogers requested clarification regarding the Administrative Costs. Assistant City Attorney Farrell advised that the Cost Recovery Statement for Case #16-125 indicates the Total Cost Incurred to be $479.95.

 
Member Moniz made a motion that the Board issue the following Findings of Fact in Case # 16-125, relating to the Defendant, Frances M Ferraiuolo.

 
  1. 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 2730 Redwood Avenue, Titusville, Florida.
  3. The Defendant IS IN violation of the following provisions of the Code of Ordinances of the City of Titusville: Section 6-109; Property Maintenance, Sub Section 102.2 Occupied with No Active Water Source.
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Member Moniz made a motion that the Board issue its Order to Correct relating the Defendant, Frances M Ferraiuolo.
 
  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 January 9, 2017, 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 January 9, 2017, 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 ordered to pay $479.95, which represents the costs incurred by the City of Titusville to bring this case before the Board.
     
Member Hillock seconded. Motion carried by unanimous voice vote.
 
VIII. NEW BUSINESS
 
Case#16-128 Michael Ingram Life Estate – 3305 Citrus Court
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to compliance.
 
Case#16-129 HSI Asset Corporation Trust 2006-HE1-1607 Palmetto Street
Officer Lewis testified that he inspected the property August 18, 2016 and found the alleged violation of Section 6-109; Property Maintenance, Sub Section; 304.1.1 Unsafe Conditions. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Lewis testified that he re-inspected the property on September 19, 2016 and advised that the violation still existed.

Officer Lewis testified that the property is vacant. Officer Lewis testified that the roof is rotted as well as the carport. Officer Lewis advised that the carport is beginning to pull away from the house. Officer Lewis testified that the porch is rotten and water damaged.

 
Assistant City Attorney Farrell submitted eight photographs taken December 12, 2016 as Exhibit #2.

Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3. Officer Lewis testified that the alleged violation found on the property still existed upon re-inspection. Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $356.68 as Exhibit #4.
 
Officer Lewis testified that the property is owned by an Asset Trust Corporation. Officer Lewis advised that he was in contact with the property owner in August and the property owner has been notified of the alleged violation. Assistant City Attorney Farrell advised the Board that a Certificate of Title was issued and deeded March 8, 2016. Officer Lewis testified that the property has been vacant since at least June 2015.

Code Enforcement Manager Tolleson advised the Board of the process used to demolish blighted homes in the City of Titusville. Code Enforcement Manager Tolleson advised that he would like to see the Property Owner achieve voluntary compliance.

Officer Lewis advised the Board that the door has a realtor lock box and pad lock on it.

 
Vice Chairman Bell made a motion that the Board issue the following Findings of Fact in Case #16-129 relating to the Defendant HSI Asset Corporation Trust 2006-HE1.
  1. That the Defendant was properly notified of the violation as alleged in the complaint.
  2. The Defendant is the owner of the real property located at 1607 Palmetto 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 304.1.1 Unsafe Conditions.
Member Hillock 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, HSI Asset Corporation Trust 2006-HE1.
  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 December 16, 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 January 9, 2016 to show cause why the violation has not been corrected and why this Board should not proceed to impose fines for the violation.
  3. The Defendant is ordered to pay the Administrative Cost in the amount of $356.68.
 
Member Hillock seconded. Motion carried by unanimous voice vote.
 
16-130 Gary C Walker – 4180-4200 Alpine Lane
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due to a pending foreclosure action.
16-133 Carol W Garrett and Clara A Walsh Life Estate – 1475 Thornton Avenue
Officer Hutchings testified that he reviewed Officer Tuggle’s case notes and upon inspection of the property located at 1475 Thornton Avenue she found the alleged violations of Section 13-26, Overgrowth and Section 6-109; Property Maintenance, Sub Section, 304.13; Windows, Skylight.
 
Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.  Officer Hutchings testified that he re inspected the property December 12, 2016 and found the alleged violations still existed.


Officer Hutchings testified that the Overgrowth existing on the property averages between twelve and eighteen inches. Officer Hutchings testified that the house is vacant and a window in the front door is broken.

 Assistant City Attorney Farrell submitted one photograph of the property taken September 15, 2016, one photograph of the property taken October 27, 2016 and two photographs taken December 12, 2016 as Exhibit #2. Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting at Exhibit #3. Officer Hutchings testified that upon re inspection, December 12, 2016 that the alleged violations found on the property still existed.  Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $427.12 as exhibit #4.
 
Assistant City Attorney Farrell advised the Board that the Notice of Hearing and Complaint were amended to reflect that Carol W Garrett is the heir successor to the property. Carol W Garrett was added as a Defendant to the case. Assistant City Attorney Farrell requested that the Board amend the amended Notice of Hearing and Complaint to read Clara A Walsh Life Estate and Carol W Garrett rather than Clara A Walsh Life Estate c/o Carol W Garrett. The Board approved of Assistant City Attorney Farrell’s request.

Member Beckles made a motion that the Board issue its Findings of Facts in case #16-133 relating to the Defendants, Carol W Garrett and Clara A Walsh Life Estate.
  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 1475 Thornton Avenue, Titusville, Florida.
  3. The Defendants are in violation of all of Sections of the Code of Ordinances of the City of Titusville as listed in the complaint.
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendants, Carol W Garrett and Clara A Walsh Life Estate.

 
  1. Adjudging the Defendants to be in violation of all the Sections of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact.
  2. Giving the Defendants until 9 am January 9, 2017 to correct the violations to the written satisfaction of the Code Enforcement Officer or to appear before this Board at City Hall, Titusville, Florida at 2 pm on January 9, 2017 to show cause why these 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 $427.12.
 
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Case #16-134 Tina M Davis and Theresa J Dansereau As Trustees of the Elkins Family Trust – 925 Alford Street
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due compliance.
 
Case #16-135 Mark C Cameron-1690 South Park Avenue
Assistant City Attorney Farrell advised the Board that property at 1690 South Park Avenue has been brought to Code Board several times in the past. Assistant City Attorney Farrell also advised the Board that recently the property was sold at a Tax Deed Sale to Palmgray Investments. Assistant City Attorney Farrell advised that Palmgray Investments was able to divest its interest in the property via litigation and Mark C Cameron has resumed as the Property Owner.
 
Assistant City Attorney Farrell advised the Board that she has spoken with Tennis Village Home Owner’s Association regarding the property.

Assistant City Attorney Farrell advised the Board that the City would like to withdraw the violation of Section 6-109; Property Maintenance, Sub Section 301.3; Vacant Structure & Land, and Section 6-109; Property Maintenance, Sub Section 304.2; Protective Treatment-Paint as those violations are listed in a 2012 Final Judgement that is continuing to accrue Daily Fines.

Assistant City Attorney Farrell advised that the property has been secured by the City.

 
Code Enforcement Manager Tolleson advised that the property located at 1690 South Park Avenue is one of a quad unit.
 
Officer Crisco testified that he inspected the property located at 1690 South Park Avenue and found the alleged violations of  Section 6-109; Property Maintenance, Sub Section, 108.1; Unsafe Structures General; Section 6-109; Property Maintenance, Sub Section, 108.1.3; Structure Unfit for Human Occupancy, Section 6-109; Property Maintenance, Sub Section,110.1; Demolition, Section 6-109; Property Maintenance, Sub Section, 305.1; General Interior Structure and Section 6-109; Property Maintenance, Sub Section, 309.1; Infestation.
 
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 December 12, 2016 and found the alleged violations still existed.

Officer Crisco testified that the interior of the unit is filled with mold and mildew. Officer Crisco testified that the ceiling has fallen in and that the deck has collapsed. Officer Crisco testified that the City has secured the front of the property.

 
Assistant City Attorney Farrell submitted one photograph of the property taken April 18, 2012, five photographs taken March 30, 2016, one photograph taken October 24, 2016 and three photographs taken December 12, 2016 as Exhibit #2. Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint Affidavit of Posting at Exhibit #3. Officer Crisco testified that upon re inspection, December 12, 2016 that the alleged violations found on the property still exist.  Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $462.34 as exhibit #4.

Assistant City Attorney Farrell advised the Board that she saw the Defendant at a court hearing in Viera, however has not had any contact with the Defendant since. Assistant City Attorney Farrell advised the Board that the Defendant has signed for Certified Mailings from the City.

 
Vice Chairman Bell made a motion that the Board issue its Finding of Fact in Case #16-135, relating to the Defendant, Mark C Cameron.
 
  1. The Defendant was properly notified of the violations as alleged in the compliant.
  2. The Defendant is the owner of or in possession of the real property located at 1690 South Park Avenue, 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; Unsafe Structures General; Section 6-109; Property Maintenance, Sub Section, 108.1.3; Structure Unfit for Human Occupancy, Section 6-109; Property Maintenance, Sub Section,110.1; Demolition, Section 6-109; Property Maintenance, Sub Section, 305.1; General Interior Structure and Section 6-109; Property Maintenance, Sub Section, 309.1; Infestation.
Member Hillock seconded. Motion carried by unanimous voice vote.
 
Vice Chairman Bell made a motion that the Board issue its Order to Correct in Case #16-135, relating to the Defendant, Mark C Cameron.
 
  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 December 16, 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 January 9, 2017 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 ordered to pay $462.34, which represents the costs incurred by the City of Titusville to bring this case before the Board.
 
Member Richardson seconded. Motion carried by unanimous voice vote.
 
Case #16-136 Georgina B Russo Life Estate – 4385 Alpine Lane
Assistant City Attorney Farrell advised the Board that the city would like to continue Case #16-136 until the January 9, 2017 Board Meeting
 
Member Moniz made a motion to continue Case #16-136. Member Hillock seconded.
 
Motion carried by unanimous voice vote.
 
Case #16-141 Michael Evenson – 156 Bermuda Street
Assistant City Attorney Farrell advised the Board that this case is being withdrawn due compliance.
 
Case #16-142 Talmethea S Harris and Kirk Harris – 1458 Brook Drive
Officer Crisco testified that he inspected the property located at 1458 Brook Drive and found the alleged violation of Section 6-109; Property Maintenance, Sub Section, 102.2; Occupied with No Active Water Source.
 
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 November 7, 2016 and found the alleged violations still existed. Officer Crisco testified that on November 9, 2016 he verified with Utility Billing that there had no payment on the water account since May 23, 2016.


Officer Crisco testified that the trash cans on the property are taken out weekly and he has observed open windows on the property. Officer Crisco testified that he was able to photograph a dog in the window on December 12, 2016. Officer Crisco concluded that there is evidence of occupancy.
 
Assistant City Attorney Farrell submitted one photograph of the property taken on December 12, 2016 as Exhibit #2 and the Notice of Hearing and Complaint and Affidavit of Posting at Exhibit #3. Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $409.51 as exhibit #4.
 
 Utility Billing Manager Carrie Beatty testified that water service was disconnected August 24, 2016. Ms. Beatty testified that a pay arrangement has never been initiated for this property and the last payment on the account was made May 23, 2016. Ms. Beatty also testified that there has been no water consumption on the property since service was disconnected. Ms. Beatty testified that a work order has been initiated to verify if the water is still off, however, it has not been completed yet.
 
Member Beckles made a motion that the Board issue its Findings of Fact in Case #16-142, relating to the Defendants, Talmethea S Harris and Kirk Harris.
  1. The Defendants were properly notified of the violation as alleged in the complaint.
  2. The Defendants are the owners or in possession of the real property located at 1456 Brook Drive, Titusville, Florida.
  3. The Defendants are in violation of all of the Sections of the Code of Ordinances of the City of Titusville listed in the complaint.
Vice Chairman Bell seconded. Motion carried by unanimous voice vote.
 
Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendants, Talmethea S Harris and Kirk Harris.
  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 January 9, 2017, to correct the violation to the written satisfaction of the Code Enforcement Officer or to appear before this Board at City Hall, Titusville, Florida, at 2pm on January 9, 2017, 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 ordered to pay $409.51, which represents the costs incurred by the City of Titusville to bring this case before the Board.

     
Member Hillock seconded. Motion carried by unanimous voice vote.



 
XXX
IX.       BOARD ATTORNEY’S REPORT
            Board Attorney Rogers advised the Board that he had a Final Judgement for Case #16-46
            and Case #16-47 to turn over to the City Attorney at the Board’s discretion.
           
             Vice Chairman Bell made a motion to authorize transfer of the Final Judgement to the City    
             Attorney in Case #16-46 and Case #16-47.

 
            Member Hillock seconded. Motion carried by unanimous voice vote
           
            Board Attorney Rogers also advised the Board that they will conduct an election of             
            Chairman and Vice Chairman at the January 9, 2017 Board Meeting.  
                                                                         XXX
 

X.        CITY ATTORNEY’S REPORT
           
No report.

XXX
 
XI.       CODE ENFORCEMENT MANAGERS REPORT
Code Enforcement Manager Tolleson advised the Board that Deputy Building Official Adams provided an update on the condition of the property located at 5001 Riveredge Drive. Mr. Adams advised that he could not find any reasonable immediate threat of collapse, the property owner was present and agreed to place temporary supports underneath the deck and balconies within a week.
 
Mr. Tolleson introduced the Board to Officer Hutchings and advised the Board that Officer Hutchings administers the NICE program for the City of Titusville. Mr. Tolleson advised the Board that Officer Hutchings spearheaded an initiative to supply citizens with premise identification, donated by Lowe’s and The Home Depot. Office Hutchings was able to assist many citizens in achieving compliance with Premise Identification code requirements via this initiative. 
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      XII.     CHAIRMAN’S REPORT
Chairman Cunningham shared a letter regarding the Santas for Seniors charitable organization. Santas for Seniors collected $1629.00 to be distributed to Titusville Senior Living Facilities.
 
Chairman Cunningham advised the Board that they will need to evaluate member absences at the next meeting.
 
 
  XXX
 
 
XIII.    BOARD MEMBER’S REPORT
           
            Member Hillock advised the Board that she will be vacating her seat as of the
            December 14, 2016 Board meeting.
           

XXX
 
XIV.    ADJOURNMENT – 5:26 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