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

Monday, May 08, 2017

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY MAY 8, 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.
 
XXX
 
Members present: Chairman Mike Cunningham, Vice Chairman Pat Bell, Member Edward Moniz, Member Romie Grant and Member Joseph Richardson, Member Gina Beckles and Member Ashley Edens.

Members Absent: None

 
City Staff present were: Officer Bob Crisco, Officer Kenneth Hutchings, Code Manager Glenn Tolleson. Also present were Assistant City Attorney Chelsea Farrell and Board Attorney Richard Rogers.
 

XXX

 
The meeting was called to order at 2:00 p.m. The entire assembly recited the Pledge of Allegiance to the Flag.
 
 
                                                                          XXX
Vice Chairman Bell made a motion for approval of the April 10, 2017 minutes. Member Richardson seconded. Motion carried by unanimous voice vote.


VII.     OLD BUSINESS  


Case #17-26 John Michael Rago – 1824 Smith Drive
Utility Billing Manager Carrie Beatty testified that the current past due balance of the utility bill for the property located at 1824 Smith drive totaled $4469.57. Ms. Beatty testified that there has been no contact with the Defendant.

Officer Crisco testified that he had spoken with the Defendant, who stated he occupied the residence located at 1824 Smith Drive.

Ms. Beatty testified that the property located at 1824 Smith Drive was tenant occupied until November 2016. When the tenants vacated the property the utility account was placed in the Property Owner’s name.

Ms. Beatty testified that fixed charges are added to the outstanding utility bill monthly.

Vice Chairman Bell made a motion that the Board issue its Finding of Fact in Case #17-26, relating to the Defendant, John Michael Rago.
  1. The Defendant continued to be in violation of the following section of the Code of Ordinances of the City of Titusville on May 8, 2017: Section 6-109; Property Maintenance, Sub Section 102.2 - Occupied with No Active Water Source.

    Member Richardson seconded. Motion carried by unanimous voice vote. 
     
    Vice Chairman Bell made a motion that the Board issue its Final Judgment.
  2. The Defendant is assessed and ordered to pay $479.95.
    Member Moniz seconded.
     
    Roll call vote:
                            Member Edens                        Yes
                            Member Beckles                     No                                                                                                       Member Grant                         Yes                                                                                                      Member Moniz                        Yes                                                                                                      Vice Chairman Bell             Yes
                            Member Richardson                Yes                                                                                                      Chairman Cunningham           No                                                                 
    Motion did carry due to a majority vote.                                                                                           

    17-34 Daniel W Carter – 1400 Barna Avenue       
    Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-34.
    17-01 John Franklin Crockett – 1390 Thornton Avenue
    Personal Representative Sheldon Shor testified that he is working with his attorney, Jerry Allender, in order to settle $29,000.00 in Medicaid liens. The probate process is still progressing, but Mr. Shor advised that it could be a lengthy process.
     
    Mr. Shor testified that the property is secure and he has lawn maintenance done periodically. Mr. Shor requested a two month continuance.
     
    Member Moniz made a motion that the Board continue case #17-01 for two months. Member Moniz requested that Mr. Shor give a verbal update prior to next month’s Board meeting.


    Member Richardson seconded.

    Motion carried by unanimous voice vote.
     
     
     
     
    Case 16-89 – Lapohn Enterprises LLC – 503 Cheney Highway
    Assistant City Attorney advised the Board that Case #16-89 was previously continued for 3 months.

    Development Services Manager, Mandy Lamothe, testified that City Staff last met with Ms. Lapohn February 15th. Ms. Lamothe testified that Ms. Lapohn met with the Building Department February 27th.

    Steve Adams, Deputy Building Official, testified that the Building Department has not received any Building Plans from the Defendant. Mr. Adams testified that the Building Department went over the Building Departments expectations with Ms. Lapohn at the February 27th meeting.


    Leslie Lapohn testified that she had several questions during the February 15th meeting and had been awaiting a response from the Planning Department. Ms. Lapohn testified that she is working with a local architect and the site plan will require several more meetings to finalize. Ms. Lapohn nor the engineer have followed up with the City.

    Board Attorney Rogers advised the Board that Section 59-11, Temporary Storage Units had been withdrawn from the complaint by the City.

    Ms. Lamothe testified that she believed all of Ms. Lapohn’s questions had been answered at the February 15, 2017 meeting. Ms. Lamothe testified that Outdoor Storage is not allowed in the zoning district and that several of the items Ms. Lapohn wanted to accomplish required variances, however no variance applications were filed to date. Ms. Lamothe testified that she had spoke to the engineer for the project, Mr. Honeycutt, and he advised that he was still working with Ms. Lapohn on the site plan.

    Mr. Adams testified that he concurred with the testimony Ms. Lamothe gave.

    Ms. Lamothe testified that Development Services indicated that Ms. Lapohn could not cut off cross connection to adjacent properties and that roll out refuse containers have been allowed in the past for commercial properties.

    Assistant City Attorney Farrell advised the Board that case #16-89 was initiated in 2016.

    Chairman Cunningham requested that the planning Department answer Ms. Lapohn’s questions in writing.
     
    Vice Chairman Bell made a motion that the Board issue its Finding of Fact in Case #16-89, relating to the Defendant, Lapohn Enterprises LLC.
  3. The Defendant was properly notified of the violation as alleged in the complaint.
  4. The Defendant is the owner of or in possession of the real property located at 503 Cheney Highway, Titusville, Florida.
  5. The Defendant is in violation of the following provision of the Code of Ordinances of the City of Titusville: Section 6-56, Permit Required.
    Member Moniz seconded.
    Roll Call Vote:
                            Vice Chairman Bell                 Yes
                            Member Richardson                No                                          
                            Member Edens                        Yes     
                            Member Beckles                     Yes     
                            Member Grant                         Yes     
                            Member Moniz                        Yes
                            Chairman Cunningham           No
     
    Motion did carry due to a majority vote.
     
    Vice Chairman Bell made a motion that the Board issue its Order to Correct relating to the Defendant, Lapohn Enterprises LLC.
     
  6. 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;
  7. Giving the Defendant until 9 am, on June 12, 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 June 12, 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.
  8. The Board reserves jurisdiction to determine costs incurred by the City of Titusville.
    Member Moniz seconded.


    Roll Call Vote:
                            Member Richardson                No
                            Member Edens                        Yes
                            Member Beckles                     Yes
                            Member Grant                         Yes
                            Member Moniz                        Yes
                            Vice Chairman Bell                 Yes
                            Chairman Cunningham           No

    Motion did carry due to majority vote
     
    Case 17-33 Laleh Radbari – 3654 Sawgrass Drive
    Officer Tuggle testified that she re inspected the property located at 3654 Sawgrass Drive. Officer Tuggle testified that the property located at 3654 Sawgrass Drive is still in violation of Section 13-26; Overgrowth. Officer Tuggle testified that she has met with the property owner, Laleh Radbari, weekly in order to facilitate compliance. Officer Tuggle testified that the Defendant has made progress weekly. Officer Tuggle testified that the Defendant has acquired assistance to help her work on the property. Officer Tuggle submitted ten photographs to the Board for review.


    Officer Tuggle testified there is a fence separating the adjoining properties and that the fence is structurally sound. Officer Tuggle testified that she has only seen birds and squirrels in the yard and has not seen snakes or rats.
     
    Rosemarie Goodrich testified that the overgrowth still exists and there is a leaning tree on the property.

    Officer Tuggle testified that the front yard is not in violation of Section 13-26; Overgrowth.

    Rosemarie Goodrich questioned the need for weekly inspections of the property to gain compliance.
     
    Chairman Cunningham advised Ms. Goodrich that the goal of the Board is to achieve compliance.
     
    Ms. Goodrich advised that lawn maintenance is provided by the Home Owner’s Association, however, the Defendant refuses the service.
     
    Laleh Radbari testified that she was out of the country for several months caring for an ill parent. Ms. Radbari testified that tenants neglected the yard while she was out of the country and she attempted to hire someone to clear the overgrowth. Ms. Radbari testified that clearing the overgrowth is her top priority and she has been working nearly every day.

    The Board advised Ms. Radbari she could speak before City Council regarding the Florida Friendly Landscaping; Florida State Statute.


    Member Moniz made a motion that the Board continue Case #17-33 for one month.
     
    Member Richardson seconded.
     
    Roll Call Vote:
    Member Edens                        Yes
    Member Beckles                     Yes
    Member Grant                         No
    Member Moniz                        Yes     
    Vice Chairman Bell                 Yes
    Member Richardson                Yes
    Chairman Cunningham           Yes

    Motion did carry due to majority vote.
     
    Case #17-50 Ronald C Mace – 144 Roosevelt Street (New Business)
    Officer Lewis testified that he inspected the property located at 144 Roosevelt Street January 18, 2017 and found the violation of Section 6-109; Property Maintenance, Sub Section; 108.1.1 Unsafe Structures. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Lewis testified that he re inspected the property May 8, 2017 and found the violation still existed.
     
    Officer Lewis testified that several windows are open in the structure and the ceiling is collapsing. Officer Lewis testified that mold growth has occurred on several interior surfaces. Officer Lewis testified that the siding on the second story of the structure is in disrepair and is contributing to water intrusion issues.

    Assistant City Attorney Farrell submitted seven photographs of the property located at 144 Roosevelt Street 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 $339.82 as Exhibit #4.
     
    Assistant City Attorney Farrell advised the Board that an heir to the decedent Defendant, Timothy Mace, paid the taxes on the property and was sent a courtesy notice.

    Officer Lewis testified that the property has been vacant since June 2016. Officer Lewis testified that some of the windows are broken and some are open.


    Timothy Mace, the son of Ronald Mace, testified that he has no interest in the property located at 144 Roosevelt Street. Mr. Mace testified that his father, Ronald Mace, did not have a will upon his death. Mr. Mace testified that his father died July 5, 2005. Mr. Mace testified that his sister lived at the property located at 144 Roosevelt Street until her death.
     
    Member Moniz made a motion that the Board issue its Finding of Fact in Case #17-50, relating to the Defendant, Ronald C Mace.
     
  9. The Defendant was properly notified of the violation as alleged in the complaint.
  10. The Defendant is the owner of or in possession of the real property located at 144 Ronald Street, Titusville, Florida. ‘
  11. The Defendant is in violation of the following provision of the Code of Ordinances of the City of Titusville: Section 6-109; Property Maintenance, Sub Section; 108.1.1 Unsafe Structures.

    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, Ronald C Mace.
  12. Adjudging the Defendant to be in violation of the Section of the Code of Ordinances of the City of Titusville as determined in the Finding of Fact;
  13. Giving the Defendant until Noon on May 12, 2017 to correct the violation to the satisfaction of the Code Enforcement Officer or to appear before the Board at City Hall, Titusville, Florida, on June 12, 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.
  14. The Board reserves jurisdiction to determine costs incurred by the city of Titusville.

    Member Grant seconded. Motion carried by unanimous voice vote.  
     
    Case #17-55 Luis R Dicupe & Carmen Lopez – 550 Titus Street (New Business)
    Officer Hutchings testified that he inspected the property located at 550 Titus Street December 17, 2016  and found the violation of Section 13-26; Overgrowth, Section 12-23; Junk and Debris, and Section 6-109; Sub Section 301.3; Vacant Structure and Land. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.
     
     Officer Hutchings testified that the junk and debris consists of fencing material and that the overgrowth is apparent throughout the property. Assistant City Attorney Farrell submitted three photographs taken May 8, 2017 as Exhibit #2.
     
    Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.
     
     Officer Hutchings testified that he re inspected the property May 8, 2017 and found the violations still existed.
     
    Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $357.43 as Exhibit #4.

    Officer Hutchings testified that one of the windows has been broken since his initial inspection.

    Luis Dicupe testified that he is in the process of returning the property to the bank. Mr. Dicupe testified that the front half of the property is well maintained by the bank, however, the back of the property is not being maintained properly. Mr. Dicupe testified that he was unaware of the issues and the property is currently vacant.

    Chairman Cunningham advised Mr. Dicupe to meet with Officer Hutchings on site to determine what is needed to obtain compliance.
     
    Member Moniz made a motion to continue Case #17-55 for one month. Member Richardson seconded. Motion carried by unanimous voice vote.
     
    Case #17-38 Albert Jordan - 511 Canaveral Avenue
    Officer Lewis advised the Board that he met with Albert and Wade Jordan at the property located at 511 Canaveral Avenue May 3rd, 2017. Officer Lewis advised that he referred the Defendant to Neighborhood Services or Habitat for Humanity. Neighborhood Services was unable to assist Mr. Jordan. Officer Lewis testified that he has had no further contact and has observed no noticeable progress in regard to restoration of the property located at 511 Canaveral Avenue.
     

Case #17-44 Gerald Smaller – 4605 Alpine Lane (New Business)
Officer Crisco testified that he inspected the property located at 4605 Alpine Lane January 18, 2017  and found the violations of Section 12-23; Junk and Debris, Section 13-26; Overgrowth,  and Section 6-109; Sub Section 301.3; Vacant Structure and Land, Section 6-109; Sub Section 304.2; Protective Treatment – Paint, Section 6-109; Sub Section 304.6; Exterior Walls – Rotten Wood, Section 6-109; Sub Section 304.7; Roofs and Drainage, and Section 6-109; 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 the property located at 4605 Alpine Lane is in need of protective treatment, the roof has caved in and overgrowth exists throughout the property. Officer Crisco testified that the Defendant resides in Australia and contact with him has been sporadic. The Defendant requested an extension and indicated that he had hired a contractor to address issues on the property during a discussion March 28th,  2017. Officer Crisco testified that he re inspected the property April 10th, 2017 and saw progress had been made, therefore Officer Crisco requested a continuance of Case #17-44. Officer Crisco testified that on a subsequent visit work had ceased and the property continued to be in violation.
 
 Officer Assistant City Attorney Farrell submitted nine photographs taken May 8, 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 re inspected the property May 8, 2017 and found the violation still existed.
 
Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $410.26 as Exhibit #4.

Officer Crisco testified that some yard work had been completed, but, the work was not to Officer Crisco’s satisfaction.
 
Vice Chairman Bell made a motion that the Board issue its Finding of Facts in Case #17-44, relating to the Defendant, Gerald Smaller.
 
  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 4605 Alpine Lane, Titusville, Florida.
  3. The Defendant is in violation of all of the Sections of the Code of Ordinances of the City of Titusville listed in the Complaint.

Member Moniz seconded. Motion carried by unanimous voice vote.


Vice Chairman Bell made a motion that the Board issue its Order to Correct relating to the Defendant.
 
  1. Adjudging the Defendant to be in violation of the Sections of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact;
  2. Giving the Defendant until 9 am, on June 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 June 12, 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 $410.26, 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 #17-47 River City Taxi Services, Inc. – 2459 Cheney Hwy Unit 87
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-47 due to compliance.
 
 
VIII. NEW BUSINESS


Case #17-61 Jesse Damren – 2705 Redwood Avenue
Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-61 for one month.
 
Vice Chairman Bell made a motion to continue Case #17-61 for one month. Member Moniz seconded. Motion carried by unanimous voice vote.
 
 
Case #17-51 Glenn S Silvers – 192 Roosevelt Street
Officer Lewis testified that he inspected the property located at 144 Roosevelt Street February 2, 2017 and found the violation of Section 13-26; Overgrowth, Section 13-73; Inoperative Vehicles Prohibited, and 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 the property is overgrown and an untagged GMC van is parked on the property. Officer Lewis testified that there are plants growing on the roof where a tarp was placed on the roof some time ago and never removed. Officer Lewis testified that the roof has collapsed in several areas.

Assistant City Attorney Farrell submitted thirteen photographs of the property taken February 2nd , 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 he re inspected the property May 8, 2017 and found the violations still existed.
 
Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $339.82 as Exhibit #4.
 
Vice Chairman Bell made a motion that the Board issue its Finding of Fact in Case #17-51, relating to the Defendant, Glenn S Silvers.
  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 192 Roosevelt Street, Titusville, Florida.
  3. The Defendant is in violation of all of all of the Sections of the Code of Ordinances of the City of Titusville listed in the Complaint.
Member Moniz seconded. Motion carried by unanimous voice vote.
 
Vice Chairman Bell made a motion that the Board issue its Order to Correct relating to the Defendant, Glenn S Silvers.
  1. Adjudging the Defendant to be in violation of the Sections of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact;
  2. Giving the Defendant until 9 am, on June 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 June 12, 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 $339.82, which represents the costs incurred by the City of Titusville to bring this case before the Board.
Member Beckles seconded. Motion carried by unanimous voice vote.
 
Case #17-53 Paksir, Inc. – 405 Garden Street
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-67 due to compliance.
 
Case #17-54 Maurice Jackson & Dionne Jackson – 1610 Tee Circle
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-67 due to compliance.
 
Case #17-56 Walter O Ferrero – 4100 Alpine Lane
Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-56 for one month.
 
Vice Chairman Bell made a motion to continue Case #17-56 for one month. Member Edens seconded. Motion carried by unanimous voice vote.
 
Case #17-58 Thomas L Powell & Dolores C Powell – 1150 Overlook Terrace
Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-58 for one month due to an impending Tax Deed Sale.
 
Vice Chairman Bell made a motion to continue Case #17-58 for one month. Member Edens seconded. Motion carried by unanimous voice vote.
Case #17-59 Charlotte Bakken & Jeffrey Bakken – 1625 Banana Drive
Officer Tuggle testified that she inspected the property March 7, 2017 and found the alleged violation of Section 59-12; Short Term Rental of Single Family Dwellings.
 
Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.
 
Officer Tuggle testified that the Code Enforcement Division received a complaint from a neighbor of the property located at 1625 Banana Drive, the neighbor stated that various people were knocking on doors in the neighborhood requesting the location of keys to the property. Officer Tuggle testified that she has spoken with the Defendant and found the property listed on the website Air B & B as a short term rental. Officer Tuggle testified that she spoke with a short term renter in March 27, 2017 who advised that he would be staying at the property for two weeks.
 
Assistant City Attorney Farrell submitted one photograph taken March 27, 2017 of the property located at 1625 Banana Drive as Exhibit #2 and submitted the Notice of Hearing, Complaint and Affidavit of Posting as Exhibit #3.  
 
Assistant City Attorney Farrell read Section 59-12; Short Term Rental of Single Family Dwellings to the Board.
 
Assistant City Attorney Farrell submitted two leases provided by Charlotte Bakken as Exhibit #4.

Officer Tuggle testified that she was not able to find the Air B & B listing as of the Code Board meeting.
 
Officer Tuggle testified that she gave the Defendant a 20 days to correct the violation, however the Defendant did not correct within the 20 day time period.
 
Assistant City Attorney Farrell advised the Board that rentals less than three months in length and more than four rentals per year are in violation of city code.
 
Member Edens made a motion that the Board issue its Findings of Fact in Case #17-59, relating to the Defendants, Charlotte Bakken and Jeffrey Bakken.
 
  1. The Defendants were properly notified of the violation as alleged in the complaint.
  2. The Defendants are the owners of or in possession of the real property located at 1625 Banana Drive, Titusville, Florida.
  3. The Defendants were in violation of the following provision of the Code of Ordinances of the City of Titusville on March 27, 2017: Section 59-12; Short Term Rental of Single Family Dwellings, but are now in compliance.

Member Moniz seconded. Motion carried by unanimous voice vote.
 
 
Case #17-66 MWIAR LLC – 4485 Gray Avenue
Officer Crisco testified that he inspected the property February 14, 2017 and found the violations of Section 12-23; Junk & Debris, Section 13-26; Overgrowth, Section 13-28; Dead Tree, Section 6-109; Property Maintenance, Sub Section 301.3; Vacant Structure & Land, Property Maintenance, Sub Section 302.7; Accessory Structure – Fence, Property Maintenance, Sub Section 304.7; Roofs and Drainage, Property Maintenance, Sub Section 304.1; Exterior Maintenance, Section 6-56; Permit Required, Section 6-66; Stop Work Order.

Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1.

Officer Crisco testified that he had spoken with the property owner and the owner advised that they would acquire permits before beginning renovations. Officer Crisco testified that the owner did not apply for any permits and completed major renovations without permits. Officer Crisco testified that he re inspected the property May 8, 2017 and found the violation of Section 12-23; Junk and Debris, Section 13-26; Overgrowth, and Section 13-28; Overgrowth in compliance.

 
Assistant City Attorney advised the Board that the City would withdraw Section 12-23; Junk and Debris, Section 13-26; Overgrowth, and Section 13-28; Overgrowth as the violations are in compliance.
 
Assistant City Attorney Farrell submitted one photograph of the property located at 4485 Gray Avenue taken January 25, 2017, one photograph taken February 14, 2017 and six photographs taken May 8, 2017 as Exhibit #2.
 
Assistant City Attorney Farrell withdrew the violations of Section 6-56; Permit Required and Section 6-66; Stop Work Order due to inadequate notice.
 
Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #3.

Officer Crisco testified that the property was still in violation upon re inspection May 8, 2017.
 
Assistant City Attorney Farrell submitted the Cost Recovery Statement in the amount of $586.36 as Exhibit #4.
 
Member Beckles made a motion that the Board issue its Finding of Fact in Case #17-66, relating to the Defendant, MWIAR LLC.
           
  1. The Defendant was properly notified of the violations as alleged in the complaint which were not withdrawn by the City Attorney.
  2. The Defendant is the owner of or in possession of the real property located at 4485 Gray Avenue, Titusville, Florida.
  3. The Defendant is in violation of all of the Sections of the Code of Ordinances of the City of Titusville 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 Defendant, MWIAR LLC.
 
  1. Adjudging the Defendant to be in violation of the Section of the Code of Ordinances of the City of Titusville as determined in the Findings of Fact;
  2. Giving the Defendant until 9 am, on June 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 June 12, 2017 to show cause why the violations have not been corrected and why the Board should not impose a fine for the violations.
  3. The Defendant is ordered to pay $586.36, 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 #17-67 ENMW LLC – 11 Lemon Avenue
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-67 due to compliance.
 
 
 
            XXX
IX.       BOARD ATTORNEY’S REPORT
Board Attorney Rogers advised the Board that he would like the Board’s approval to provide the Final Judgments issued in Case # 16-53 pertaining to Sandra S Petty, Case # 16-78 pertaining to Jennie Hester Estate, Case #16-79 pertaining to Richard & I Louise Bakula, Case #16-101 pertaining to Wells Fargo Bank NA, Case #16-103 pertaining to Irene Carn, Case #16-104 pertaining to Jonathan L Bradley Estate, Case #16-106 pertaining to Space Cowboy LLC, Case # 16-108 pertaining to James B McGowen,  and Case #16-113 pertaining to UG Titusville FL LLC to the City Attorney for collection or other action to compel code compliance.
 
Vice Chairman Bell made a motion that the Board provide the Final Judgments issued in Case #16-53, #16-78, #16-79, #16-101, #16-103, #16-104, #16-106, #16-108 and #16-113 to the City Attorney for collection or other action to compel code compliance. Member Richardson seconded. Motion carried by unanimous voice vote.
 
                                                                         XXX
 

X.        CITY ATTORNEY’S REPORT

                                                                                                                                                        No report.

 
 
 
 
XXX
 
XI.       CODE ENFORCEMENT MANAGERS REPORT
            No report.
 
XXX
 
      XII.     CHAIRMAN’S REPORT
            No report.
 
  XXX
 
 
XIII.    BOARD MEMBER’S REPORT
            No report.       
           

XXX
 
XIV.    ADJOURNMENT  
             6:08 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