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

Monday, March 13, 2017

  CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY MARCH 13, 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, Member Romie Grant and Member Joseph Richardson.
 
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.
 

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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 Rogers swore in Board Member Ashley Edens.


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Vice Chairman Bell made a motion for approval of the February 13, 2017 minutes. Member Richardson seconded. Motion carried by unanimous voice vote.


VII.     OLD BUSINESS  

Case #16-89 – LaPohn Enterprises LLC – 503 Cheney Highway
Assistant City Attorney Farrell advised the Board that Case #16-89 was continued until the May 8, 2017 Board meeting.
 
Officer Crisco provided a 30 day update as requested by the Board. Officer Crisco testified that the property owner is still working with the Planning Department, Building Department, as well as planning and engineering companies.
 
Case #17-01 – John Franklin Crockett – 1390 Thornton Avenue
Assistant City Attorney Farrell advised the Board that Case #16-89 was continued until the May 8, 2017 Board meeting.


Code Manager Tolleson provided a 30 day update as requested by the Board. Code Manager Tolleson testified that he had received an email from Mr. Shore. Mr. Shore advised that he is still working through the probate process and intends to repair the property upon completion of probate.
 
Case #17-09 Global Strip LLC – Tax ID 2213404 Washington Avenue
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-09 due to compliance.
 
Member Beckles made a motion that the Board issue its Order Finding Compliance. Vice Chairman Bell seconded. Motion carried by unanimous voice vote.
 
Case #17-17 Lee Johnson and Carla Johnson – 3135 S Casper Place
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-17 due to compliance.
 
Case #17-22 Julie Gibson – 214 Parker Drive
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-22 due to compliance.


Case #17-25  Sharon Harris Siplen – 415 Rock Pit Road
Utility Billing Manager Carrie Beatty testified that she has not had any contact with Vitrica McCrea, the daughter of the deceased Defendant Sharon Harris Siplen. Utility Billing Manager testified that the past due balance on the water account is currently $1490.30. Utility Billing Manager Beatty testified that the last payment received by the Water Department was a $10.00 payment December 1, 2016. Utility Billing Manager Beatty testified that the last significant payment was in the amount of $588.00 on April 26, 2016.
 
Member Beckles made a motion that the Board issue its Finding of Fact in Case #17-25, relating to the Defendant, Sharon Harris Siplen.
 
  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 415 Rock Pit Road.
  3. 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 102.2; Occupied with No Active Water Source.

     
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, Sharon Harris Siplen.
 
  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 March 27, 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 April 10, 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 Moniz seconded. Motion carried by unanimous voice vote.
 
VII. NEW BUSINESS
 
Case #17-26 John Michael Rago – 1824 Smith Drive
Assistant City Attorney Farrell advised the Board that the City would like to continue this case until the April 10, 2017 Board meeting.


Member Moniz made a motion that the Board continue Case #17-26. Member Beckles seconded. Motion carried by unanimous voice vote.
 
Case #17-28 Henry John Sowers – 155 East Towne Place
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-28 due to compliance.
 
Case #17-29 Kenneth J England – 13 North De Leon Avenue
Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-29 due to a change in ownership.
 
Case #17-31 Serafin Sousa Jr – 1005 Main Street
Officer Hutchings testified that he inspected the property November 18, 2016 and found the violation of Section 6-109; Property Maintenance, Sub Section 302.7 Accessory Structures-Fence. Assistant City Attorney Farrell submitted the Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Hutchings testified that he spoke with the Property Owner and he advised Officer Hutchings that he believed fixing the fence was the tenant’s responsibility. Officer Hutchings submitted one photograph taken March 13, 2017 as Exhibit #2. Officer Hutchings testified that the violation still existed upon re inspection March 13, 2017. Assistant City Attorney Farrell submitted the Notice of Hearing, Complaint and Affidavit of Posting as Exhibit #3 and a Cost Recovery Statement in the amount of $356.68 as Exhibit #4.
 
Member Moniz made a motion that the Board issued its Finding of Fact in Case #17-31, relating to the Defendant, Serafin Sousa Jr.
  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 1005 Main 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; 302.7 Accessory Structures – Fence.
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, Serafin Sousa Jr.
  1. Adjudging the Defendant to be in violation of the Section of the Code of Ordinances as determined in the Finding of Fact;
  2. Giving the Defendant until 12 noon, March 24, 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 April 10, 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 $356.68, 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.
 
 
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IX.       BOARD ATTORNEY’S REPORT
            Board Attorney Rogers advised the Board that he would like the Board’s approval to provide the Final Judgement issued in Case #16-93 pertaining to Chris A Romeo to the City Attorney for collection or other action to compel code compliance.  
 
Vice Chairman Bell made a motion to provide the Final Judgment issued in Case #16-93 to the City Attorney for collection or other action to compel code compliance. Member Richardson seconded. Motion carried by unanimous voice vote.
 
 
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X.        CITY ATTORNEY’S REPORT

            No report
           

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XI.       CODE ENFORCEMENT MANAGERS REPORT
            Code Manager Tolleson advised the Board that he had provided a Semi Annual Report that included a summary of Daily Fines assessed over the last six months.
 
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      XII.     CHAIRMAN’S REPORT
Chairman Cunningham went over the Semi Annual Report with the Board. Chairman Cunningham advised Code Enforcement Staff that he wished to see an expedited process in regard to Overgrowth cases.
 
 
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XIII.    BOARD MEMBER’S REPORT
Member Richardson advised the Board that Jeanne Hillock would like to extend a thank you for the luncheon held in her honor last month.
           
           

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XIV.    ADJOURNMENT  
            2:55 pm
 
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