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The City of Titusville, Florida / Boards & Commissions / Municipal Code Enforcement Board

Monday, January 09, 2017

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY JANUARY 9, 2017 

 
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 Gina Beckles, Member Edward Moniz, and Alternate Board Member Joseph Richardson.
 
Members absent: Member Erica Myers and Member Romie Grant
 
City Staff present were: Officer Bob Crisco, Officer Frank Lewis, Officer Ashley Tuggle, Officer Kenneth Hutchings, Code 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 December 12, 2016 minutes. Member Richardson seconded. Motion carried by unanimous voice vote.


VII.     OLD BUSINESS  


Case #16-125 Frances M Ferraiuolo-2730 Redwood 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 January 9, 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.

Utility Billing Manager Carrie Beatty testified that there has been no change to the water account for the property located at 2730 Redwood Avenue. The water was cut off June 2, 2016 due to a voided pay arrangement. Ms. Beatty testified that there has been no water consumption or meter tampering on the property.

Officer Crisco testified that he inspected the property January 9, 2017. Officer Crisco testified that the car in the driveway belongs to an heir or relative of the property owner. Officer Crisco submitted one photograph taken on January 9, 2017 to the Board for review.

Member Moniz made a motion that Board issue its Finding of Fact in Case #16-125 relating to the Defendant Frances M Ferraiuolo.
 
  1. The Defendant continued to be in violation of Section 6-109; Property Maintenance, Sub Section 102.2; Occupied with No Active Water Source.
     
    Member Beckles seconded. Motion carried by unanimous voice vote.
 
Member Moniz made a motion that the Board issue its Final Judgement Assessing Fines and Imposing Lien relating to the Defendant, Frances M Ferraiuolo, 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 Administrative Costs of $479.95.
 
Member Richardson seconded. Motion carried by unanimous voice vote.
 
Case #16-82 Gregory E Shaw & Deborah Denise Shaw – 2910 St Mark’s Drive
Deputy Building Official Steve Adams testified that the Defendants have paid for and obtained three permits. Mr. Adams testified that there are still two permits in denied status that he is unable to approve. 

Gregory E Shaw testified that he has not moved the shed or concrete pad. Mr. Shaw advised that he would like to request a thirty day continuance.

Thomas Fernstrom, President of Cathedral Pines Homeowner’s Association, testified that the Homeowner’s Association will not be requesting a vacation of the easement on Mr. Shaw’s property.


Member Moniz made a motion to continue case 16-82 until the February 13, 2017 Board meeting. Vice Chairman Bell seconded. Member Beckles abstained. Motion carried by unanimous voice vote.
 
Case # 16-115 Richard L Gaudio II – 5001 Riveredge Drive
Assistant City Attorney Farrell advised the Board that Case #16-115 was continued at the December 12, 2016 Board Meeting.
 
Deputy Building Official Steve Adams testified that the property located at 5001 Riveredge Drive was not deemed an immediate danger upon the site visit December 12, 2016.
 
Richard L Gaudio II testified that he has demolished three quarters of the porches and is continuing to make progress on the renovations to the property.
 
Vice Chairman Bell made a motion to continue Case #16-115 until the June 12, 2017 Board Meeting.

Member Richardson seconded. Motion carried by unanimous voice vote.

Case #16-129 HSI Asset Corporation Trust 2006-HE1-1607 Palmetto Street
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 December 16, 2016 and assessed the Administrative Cost of $356.68. Assistant City Attorney Farrell advised that the property is not in compliance as the violation still exists.

Officer Lewis submitted three photographs taken January 9, 2017 to the Board for review.

Ali Mohamed testified that he has been attempting to purchase the property located at 1607 Palmetto Street for several months, however, he has not gotten a response from the bank.

 
Vice Chairman Bell made a motion that the Board issue the following Finding of Fact in case #16-129 relating to the Defendant HSI Asset Corporation Trust 2006-HE1.
 
  1. 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; 304.1.1 Unsafe Conditions, as previously determined by the Board.
 
Member Beckles seconded. Motion carried by unanimous voice vote.
 
Vice Chairman Bell made a motion that the Board issue its Final Judgment Assessing Fine and Imposing Lien relating to the Defendant, HSI Asset Corporation Trust 2006-HE1, 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 $250.00 per day for the violation of Section 6-109; Property Maintenance, Sub Section, 304.1.1 Unsafe Conditions, as set forth in the Findings of Fact Herein.
The fine shall commence on December 16, 2016 and shall continue until the Code Violation has been corrected to the written satisfaction of the Code Enforcement Officer.
 
Member Beckles seconded. Motion carried by unanimous voice vote.

Case # 17-01 (New Business) John Franklin Crockett – 1390 Thornton Avenue

Officer Lewis testified that he inspected the property in October of 2016 and found the alleged 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 that he reinspected the property January 9, 2017 and advised the alleged violation still existed.
 
Officer Lewis testified that the property located at 1390 Thornton Avenue was damaged in a fire several months ago. Officer Lewis testified that the roof of the structure has collapsed.

Assistant City Attorney Farrell submitted six photographs of the property located at 1390 Thornton Avenue, taken on January 9, 2017, 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 still existed upon reinspection. Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $356.68 as Exhibit #4.

Assistant City Attorney Farrell advised the Board that the Personal Representative for the Defendant was present and would provide testimony to the Board.

Sheldon Shore testified that he is the Personal Representative for the Estate of the Defendant. Mr. Shore is working with attorney Jerry Allender on Probate for the Estate. Mr. Shore testified that he may sell or transfer the property located at 1390 Thornton Avenue ‘as is’ once Probate is finished. Mr. Shore advised that there is a Medicaid lien on the Estate that needs to be addressed before the Probate can close.

Member Beckles made a motion that the Board issue its Finding of Fact in Case #17-01 relating to the Defendant, John Franklin Crockett.
  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 1390 Thornton Avenue, 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 Moniz seconded. Motion carried by unanimous voice vote.
 
Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendant, John Franklin Crockett.
  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 February 13, 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 February 13, 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 Board reserves jurisdiction to determine the costs incurred by the City of Titusville.
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Case #13-49 Northwood Investments LLC – 3800-3810 S Washington Avenue
Assistant City Attorney Farrell advised the Board that Code Manager Tolleson had an update on the property located at 3800-3810 S Washington Avenue.

Code Manager Tolleson submitted one photograph of the property located at 3800-3810 S Washington Avenue to the Board for review. Code Manager Tolleson testified that the property is in compliance as the previously found violations no longer exist.



Board Attorney Rogers advised the Board that costs of $604.23 were assessed on September 23, 2013.

Assistant City Attorney Farrell advised that the Costs of $604.23 are still outstanding.

 
Member Moniz motioned that the Board issue its Order Finding Compliance in case #13-49, finding the Defendant, Northwood Investments LLC, in compliance with the prior Decision of this Board issued in this case and closing this proceeding.

Member Beckles seconded. 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 February 13, 2017 Board Meeting.

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



Vice Chairman Bell made a motion to continue Case #16-89 until the February 13, 2017 Board meeting. Member Richardson seconded. Motion carried by unanimous voice vote.



Case # 16-127 Rabih El Aouar, Sabair Zuhair & Mounira Aouar Trust – 2301 Alexander Drive
Assistant City Attorney Farrell advised the Board that the City would like to withdraw this case due to compliance.
 
16-133 Carol W Garrett and Clara A Walsh Life Estate – 1475 Thornton 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 January 9, 2017 and assessed the Administrative Cost of $427.12.

Officer Tuggle testified that she reinspected the property January 9, 2016 and testified that the property is not in compliance as the violations still exist. Officer Tuggle submitted three photographs of the property located at 1475 Thornton Avenue taken January 9, 2017 to the Board for review.
 
Vice Chairman Bell made a motion that the Board issue the following Finding of Fact in case #16-127 relating to the Defendant Carol W Garrett and Clara A Walsh Life Estate.
 
  1. The Defendants continued to be in violation of following sections of the City of Titusville Code of Ordinances: Section 13-26; Overgrowth and Section 6-109; Property Maintenance, Sub Section 304.13; Windows and Skylight as previously determined by the Board.
     
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Vice Chairman Bell made a motion that the Board issue its Final Judgement Assessing Fines and Imposing Liens relating to the Defendants, Carol W Garrett and Clara A Walsh Life Estate, 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 $75.00 per day, per violation for the violation of the following sections of the City of Titusville Code of Ordinances: Section 13-26; Overgrowth and Section 6-109; Property Maintenance, Sub Section 304.13; Windows and Skylight.
  2. The fine shall commence January 9, 2017.
Member Moniz seconded. Motion carried by unanimous voice vote.  
 
Case #16-135 Mark C Cameron-1690 South Park 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 December 16, 2016 and assessed the Administrative Cost of $462.34. Assistant City Attorney Farrell advised that the property is not in compliance as the violation still exists.

Officer Crisco testified that he reinspected the property December 16, 2016 and testified that the property is still in violation. Officer Crisco submitted one photograph taken April 18, 2012 and one photograph taken January 9, 2017 to the Board for review.

 
Assistant City Attorney Farrell advised the Board that the Defendant has received all correspondence from the City, however, has never responded to the correspondence.
 
Vice Chairman Bell made a motion that the Board issue its Findings of Fact in Case #16-135, relating to the Defendant, Mark C Cameron.
 
  1. The Defendant continued to be in violation of the following Sections of the Code of Ordinances of the City of Titusville on January 9, 2017: Section 6-109; Property Maintenance, Sub Section 108.1; Unsafe Strucutres General, Sub Section 108.1.3; Structure Unfit for Human Occupancy, Sub Section 110.1; Demolition, Sub Section 305.1; General Interior Structure and Sub Section 309.1; Infestation.

Member Richardson 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, Mark C Cameron, 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 $75.00 per day for violation of the following Sections of the Code of Ordinances of the City of Titusville on January 9, 2017: Section 6-109; Property Maintenance, Sub Section 108.1; Unsafe Strucutres General, Sub Section 108.1.3; Structure Unfit for Human Occupancy, Sub Section 110.1; Demolition, Sub Section 305.1; General Interior Structure and Sub Section 309.1; Infestation, as set forth in the Findings of Fact herein.
The fine shall commence on December 16, 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 #16-136 Georgina B Russo Life Estate – 4385 Alpine Lane
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #16-136 due to compliance.
 
 
Case #16-142 Talmethea S Harris and Kirk Harris – 1458 Brook Drive
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #16-142 due to compliance.
 
VII. NEW BUSINESS
 
Case #17-02- Dale Yvett Williams and Andrea Deon Harvey – 711 Booker Street
Officer Lewis testified that he inspected the property on October 19, 2016 and found the alleged 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 that he reinspected the property November 22, 2016 and advised that the alleged violation still existed.
 
Officer Lewis testified that the foundation wall is pulling away from the structure and that the structure is leaning. Officer Lewis testified that some windows are broken, but, that most of the windows have been secured with boards. Officer Lewis testified that the exterior girders of the house are water damaged and neglected.

Assistant City Attorney Farrell submitted fourteen photographs taken on January 9, 2017 to the Board 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 still existed upon re-inspection. Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $356.68 as Exhibit #4.

Assistant City Attorney Farrel advised the Board that the Notice of Hearing and Complaint, Exhibit #3, were amended to reflect Andrea Deon Harvey as a co Defendant.

 
Member Beckles made a motion that the Board issue the following Findings of Fact in Case #17-02 relating to the Defendants Dale Yvett Williams and Andrea Deon Harvey.
  1. That the Defendants were properly notified of the violation as alleged in the complaint.
  2. The Defendants are the owners of the real property located at 711 Booker Street, Titusville Florida.
     
  3. The Defendants are 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 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, Dale Yvett Williams and Andrea Deon Harvey.
  1. Adjudging the Defendants to be in violation of the Section of the Code of Ordinances as determined in the Findings of Fact.
  2. Giving the Defendants until 9am February 13, 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 February 13, 2017 to show cause why the violation has not been corrected and why this Board should not impose fines for the violation.
  3. The Defendants are ordered to pay the Administrative Cost in the amount of $356.68.
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Case #17-03 and #17-04 – 2354 Talmadge Drive LLC – 2354 and 2356 Talmadge Drive
Assistant City Attorney Farrell submitted Florida Building Code; Section 111 - Use and Occupancy, to the Board for review.
 
Assistant City Attorney Farrell advised the Board that the City will be withdrawing the alleged violation of Section 13-26; Overgrowth in Case #17-04.
 
Officer Tuggle testified that she inspected the properties on November 15, 2016 and found the alleged violation of Florida Building Code 111.1 – Use and Occupancy of City Code, Section 6-101 – Building Code Adopted. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Office Tuggle testified that she re-inspected the property on January 9, 2017 and testified that the violation still existed.

Assistant City Attorney Farrell advised the Board that the Notice of Violation was not hand delivered, however, the Certified Mailing provided appropriate service.

 
Assistant City Attorney Farrell submitted the Notices of Hearing and Complaint and Affidavits of Posting as Exhibit #2.

Officer Tuggle testified that the property located at 2354 and 2356 Talmadge Drive is a duplex. Officer Tuggle testified that the final inspections for the new construction building permits were never completed, the permits were never closed, and therefore, a Certificate of Occupancy was never issued.  Officer Tuggle testified that she spoke with an occupant of 2354 Talmadge Drive and advised her of the violations. Assistant City Attorney Farrell submitted four photographs taken January 9, 2017 as Exhibit 3.

 
Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $374.29 as Exhibit #4.
Code Manager Tolleson testified that the Final Inspections were completed January 14, 2016. The building inspector informed the property owner that the property did not pass a portion of the inspection and that a subsequent inspection would need to be scheduled. Code Manager Tolleson testified that the building inspector noted that the property was occupied at the time of inspection.

Assistant City Attorney Farrell requested that one Decision of the Board be prepared for Case #17-03 and Case #17-04, as 2354 and 2356 Talmadge Drive share a Parcel ID number.

 
Officer Tuggle testified that the property does not have an active water account. Officer Tuggle testified that she does not know when the duplexes were constructed.  
 
Member Beckles made a motion that the Board issue the following Findings of Fact in Case #17-03 and 17-04 relating to the Defendant 2354 Talmadge Drive LLC.
 
  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 2354 and 2356 Talmadge Drive, Titusville, Florida.
  3. The Defendant is in violation of the following Section of the Code of Ordinances of the City of Titusville: Section 6-101; Building Code Adopted Florida Building Code Section 111.1; Use and Occupancy.
     
Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendant, 2354 Talmadge Drive 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 January 12, 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 on February 13, 2017 to show cause why the violation has not been corrected.
  3. The Defendant is ordered to pay the Administrative Cost of $374.29.
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Case #17-05 Raymond Fink Jr-2768 Central Lane
Officer Tuggle testified that she inspected the property on November 3, 2016 and found the alleged violation of Section 13-73; Inoperative Vehicles Prohibited. 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 November 23, 2016 and found the alleged violation still existed.
 
Officer Tuggle testified that the vehicle has an expired tag. The Defendant added a blue tarp Tuesday or Wednesday of last week. Assistant City Attorney Farrell submitted one photograph taken January 9, 2017 and two photographs taken December 20, 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 a Cost Recovery Statement in the amount of $444.73 as Exhibit #4.
 
Officer Tuggle testified that she spoke with two people on the property, they advised Officer Tuggle that they would have the owner contact her. Officer Tuggle testified that vehicles need to be parked on approved surfaces. Officer Tuggle testified that the vehicle in alleged violation has an expired tag and therefore would need to be parked in the garage or under a tarp in a carport to achieve compliance.
 
Member Moniz made a motion that the Board issue its Finding of Fact in Case #17-05 relating to the Defendant Raymond J Fink Jr.
  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 2768 Central Lane.
  3. The Defendant is in violation of the following Section of the Code of Ordinances of the City of Titusville: Section 13-73, Inoperative Vehicles Prohibited.
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 Defendant, Raymond J Fink Jr.
  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 February 3, 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 on February 13, 2017 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 $444.73.
Member Beckles seconded. Motion carried by unanimous voice vote.
 
Case #17-06 Sigfrid N Nelson-1485 Thornton Avenue
Officer Tuggle testified that she inspected the property on October 19, 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.
 
Office Tuggle testified that she re-inspected the property on November 10, 2016 and testified that the violation still existed.
 
Assistant City Attorney Farrell submitted two photographs taken January 9, 2017 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 a Cost Recovery Statement in the amount of $479.95 as Exhibit #4.
 
Officer Tuggle testified that upon posting she heard music coming from the house and she does not believe that it is vacant.
 
Member Beckles made a motion that the Board issue its Finding of Fact in Case #17-06 relating to the Defendant Sigfrid N Nelson
  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 1485 Thornton Avenue.
  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.

    Member Beckles made a motion that the Board issue its Order to Correct relating to the Defendant, Sigfrid N Nelson.
  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 9 am February 3, 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 2 pm on February 13, 2017 to show cause why the violation has not been corrected and why this Board should not proceed to impose fines for the violation.
  6. The Defendant is ordered to pay the Administrative Cost in the amount of $479.95.
    Member Moniz seconded. Motion carried by unanimous voice vote.
     
    Case #17-07 George Stephen Kosar Jr-2508 Chesterfield Court
    Assistant City Attorney Farrell advised the Board that the property located at 2508 Chesterfield Court has been before the Board before and that a neighbor provided testimony in the previous case.
    Officer Crisco testified that he inspected the property November 7, 2016 and found the alleged violations of Section 13-26; Overgrowth, Section 13-28; Dead Trees, Section 6-109; Property Maintenance, Sub Section 301.3; Vacant Structure & Land and Sub Section 302.7; Accessory Structures-Fence. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Crisco testified that he reinspected the property January 9, 2017 and found the alleged violations still existed.

     
    Officer Crisco testified that a neighbor has been maintaining the property since 2005, however, she is no longer able to maintain the property. Officer Crisco testified that a fence on the property is in disrepair and the overgrowth in the yard is nearly as high as the fence that remains on the property. Officer Crisco testified that there are three dead trees on the property.
     
    Assistant City Attorney Farrell submitted ten photographs of the property taken January 9, 2017 as Exhibit #2. Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.

    Officer Crisco testified that he can prove the property has been vacant since 2010. Assistant City Attorney Farrell advised that the Defendant does not live in the local area. Officer Crisco testified that he corresponded with the Defendant regarding a previous case in 2015.
     
    Officer Crisco testified that the violations still existed upon reinspection January 9, 2017. Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $515.17 as Exhibit #4.
     
    Officer Crisco testified that he has not contacted the neighbor in regard to the alleged violations on the property.
     
    Member Moniz made a motion that the Board issue its Finding of Facts in Case 17-07 relating to the Defendant, George Stephen Kosar Jr.
  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 2508 Chesterfield Court, Titusville, Florida.
  9. The Defendant is in violation of all of the Sections of the Code of Ordinances of the City of Titusville as listed 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 Defendant, George Stephen Kosar Jr.
  1. Adjudging the Defendant 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 9am January 20, 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 2pm on February 13, 2017.
  3. The Defendant is assessed and ordered to pay the Administrative Cost in the amount of $515.17.
Member Beckles seconded. Motion carried by unanimous voice vote.
 
Case #17-08 Arbor Woods Homeowner’s Association Inc – Tax ID 2224006 LM Davey Lane
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-08 as the Homeowner’s Association was administratively dissolved and the property will be recited.
Case #17-09 Global Strip LLC-Tax ID 2213404 Washington Avenue
Officer Crisco testified that he inspected the property October 12, 2016 and found the alleged violations of Section 12-23; Junk and Debris, Section 13-26; Overgrowth, Section 6-109; Property Maintenance, Sub Section 301.3; Vacant Structure & Land and Sub Section 304.7; Roofs and Drainage and Sub Section 304.9; Overhang Extensions. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Crisco testified that he reinspected the property January 9, 2017 and found the alleged violations still existed.

Officer Crisco testified that the property located at Tax ID 2213404 Washington Avenue is a vacant strip mall. Officer Crisco testified that the roof is leaking and several of the storefronts have ceiling damage. In April 2016 Officer Crisco testified that he documented several broken windows. Officer Crisco testified that he received an email from the property owner November 8, 2016 and replied to the email with his contact information. Officer Crisco testified that he has not heard from the property owner since the November 8, 2016 email.
 
Assistant City Attorney Farrell submitted eleven photographs of the property taken January 9, 2017 as Exhibit #2. Assistant City Attorney Farrell submitted a Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3. Officer Crisco testified that upon re inspection January 9, 2017 the alleged violations still existed. Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $462.34 as Exhibit #4.

Officer Crisco testified that the property has been vacant for a couple of years.

 
Member Beckles made a motion that the Board issue its Finding of Fact in Case #17-09, relating to the Defendant, Global Strip LLC.
  1. 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 Tax ID 2213404 Washington Avenue, Titusville, Florida.
  3. The Defendant is in violation of all of the Section 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 in Case #17-09, relating to the Defendant, Global Strip LLC.
  1. Adjudging the Defendant to be in violation of the Sections of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact;
  2. Giving the Defendant until 9am February 13, 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, on February 13, 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 Moniz seconded. Motion carried by unanimous voice vote.
 
Case #17-14 Gary H Neal – 2532 Indian Hill Court
Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-14 until the February 13, 2017 Board meeting as the property owner is making progress toward compliance.

Vice Chairman Bell made a motion to continue Case #17-14 until the February 13, 2017 Board meeting. Member Beckles seconded. Motion carried by unanimous voice vote.



 
 
 
 
 
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IX.       BOARD ATTORNEY’S REPORT
           
 Board Attorney Rogers advised the Board that they had rendered a Final Judgement in Case 15-57, July 26, 2016 and a total fine of $300.00 per day commenced May 20, 2016. Board Attorney Rogers Advised that on October 25th 2016 compliance was achieved, and that the property was sold in a tax deed sale. Board Attorney Rogers advised that surplus funds from the Tax Deed Sale on the property paid all outstanding fines on the property and that the debt to the City was satisfied.

City Attorney Farrell advised that she will confirm whether a Judgement of Satisfaction has been recorded.
 
Board Attorney Rogers advised the Board that Board Member Erica Myers will be tendering her resignation to the City Clerk. Board Attorney Rogers advised that he would prefer Erica Myers tender her resignation to avoid reporting the absences to City Council and having her appointment terminated.
 
Board Attorney Rogers advised the Board that they needed to hold an election for the position of Chairman and Vice Chairman for the period of two years.

Member Moniz made a motion to nominate Chairman Mike Cunningham and Vice Chairman Pat Bell for the position of Chairman and Vice Chairman respectively.

Member Richardson seconded. Motion carried by unanimous voice vote.

 
                                                                         XXX
 

X.        CITY ATTORNEY’S REPORT
           
No report.

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XI.       CODE ENFORCEMENT MANAGERS REPORT
 
Code Manager Tolleson advised the Board that the Code Enforcement Office received 6466 complaints in 2016, and 5022 of the complaints were abated by the first re inspection.
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      XII.     CHAIRMAN’S REPORT
 
Chairman Cunningham advised that he would like a report indicating the amount of costs the City has collected in 2016.
 
Officer Crisco advised the Board that Retired Board Member Jeanne Hillock missed everyone.
 
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XIII.    BOARD MEMBER’S REPORT
            No report.
           
           

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XIV.    ADJOURNMENT –5:49 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