Thanksgiving Week: Thursday’s pickup for garbage, recycling and yard trash will be on Wednesday. There will be no other changes for the week.

CAUTION: The City of Titusville has received several complaints from citizens in reference to receiving fraudulent telephone calls from subjects claiming to be with the utility department. If you receive a telephone call of this nature and are unsure about the origin of the call, please immediately hang up and contact your local law enforcement agency for further assistance.
 
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The City of Titusville, Florida / Boards & Commissions / Municipal Code Enforcement Board

Monday, August 14, 2017

CITY OF TITUSVILLE

MUNICIPAL CODE ENFORCEMENT BOARD MINUTES

MONDAY AUGUST 14, 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 Chambers, Second Floor, City Hall, 555 S. Washington Avenue, Titusville, Florida.
 
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Members present: Chairman Mike Cunningham, Vice Chairman Pat Bell, Member RL Grant, Edward Moniz, Member Joseph Richardson, Member Gina Beckles and Alternate Member Saundra Ozan.  

Members Absent: Ashley Edens

 
City Staff present were: Officer Bob Crisco, Officer Frank Lewis, Officer Ashley Tuggle and 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 July 10, 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 from the July 10, 2017 Board meeting.
 
Assistant City Attorney Farrell advised the Board that plans were submitted August 10, 2017 by the owner’s representative, Engineer Rodney Honeycutt; fees were paid for the Site Plan Review August 14, 2017. The Site Plan Application needs to be reviewed by the City in order for Ms. Lapohn to obtain a permit.

Brad Parrish, Planning Manager, testified that the original building permit was applied for summer 2016, and the first Site Plan application was submitted June 2017. Mr. Parrish testified that the formal site plan application was turned in August 10, 2017. Mr. Parrish testified that Site Plan comments are typically given to the applicant within two weeks, and then the applicant has 180 days to respond to any comments from Planning Staff.

 
Leslie Lapohn, owner of Lapohn Enterprises LLC, testified that she initially applied for a building permit July 2016. Ms. Lapohn testified that she received two pages of comments after submitting her initial site plan application. Ms. Lapohn testified that she altered the Site Plan in order to address Staff comments and submitted a second Site Plan application August 10, 2017.  Ms. Lapohn testified that Assistant City Attorney Farrell advised her of the Site Plan Review fees and that Ms. Lapohn paid the fees in full with a check totaling $1561.50. Ms. Lapohn testified that she does not believe a one month continuance will be an adequate amount of time to address comments from the Site Plan Review.
 
Assistant City Attorney Farrell advised the Board that Ms. Lapohn has only submitted one formal Site Plan to the City for review.
 
Mr. Parrish testified that every Site Plan requires a pre application meeting. The City charges a fee for the pre application meeting. The intention of the pre application meeting is to address any issues that may come up with the formal Site Plan Application. Mr. Parrish testified that a list of comments was provided to Ms. Lapohn at the pre application meeting. Three informal meetings were conducted by the Planning Department with Ms. Lapohn prior to the formal Site Plan Application was submitted for review.
 
Assistant City Attorney Farrell advised that the Site Plan Application process has been made more difficult due to the fact that the work was done without permits, and now the applicant is trying to retroactively comply with the City of Titusville Code of Ordinances and Land Development Regulations.

Member Moniz made a motion to continue Case #16-89, relating to the Defendant, Lapohn Enterprises LLC until the September 11, 2017 Board meeting. Member Beckles seconded. Motion carried by unanimous voice vote.

 
Case # 17-73 – Carolyn I Miller – 623 South De Leon Avenue
 Assistant City Attorney Farrell advised the Board that Case #17-73 is in compliance and the City would like to withdraw Case #17-73.
 
Case #17-38 Albert Jordan – 511 Canaveral Avenue
Officer Lewis testified that he re inspected the property located at 511 Canaveral Avenue August 14, 2017 and that the violation of Section 6-109; Property Maintenance, Sub Section 108.1.1; Unsafe Structures still existed.

Officer Lewis testified that two concrete masonry blocks and a 2x4 was placed underneath a corner of the porch. Officer Lewis testified that there are no building permits on file for the property located a 511 Canaveral Avenue, and the property owner advised Officer Lewis he had applied for a grant to address the issues on the property.

Assistant City Attorney Farrell submitted one photograph taken August 14, 2017 to the Board for review.

Officer Lewis testified that the property is not occupied. Officer Lewis testified that the assessed value of the property is $3200.00 and that the materials to fix the porch would cost nearly as much as the assessed value.

 
Vice Chairman Bell made a motion that the Board issue its Finding of Fact in Case #17-38, relating to the Defendant Albert Jordan.
 
  1. The Defendant continued to be in violation of the Section of the Code of Ordinances of the City of Titusville on August 14, 2017, as previously determined by the Board.

    Member Grant seconded. Motion carried by unanimous voice vote.
     
    Vice Chairman Bell made a motion that the Board issue its Final Judgment Imposing Fine and Assessing Lien, relating to the Defendant, Albert Jordan, based upon the Findings of Fact issued this date, and that the Judgment contain the following provisions:
     
  2. The Defendant is assessed and ordered to pay a fine of $100.00 per day for the code section violation of Section 6-109; Property Maintenance, Sub Section 108.1.1; Unsafe Structures.
    The Fine shall commence on August 14, 2017, and shall continue until the Code Violation has been corrected to the written satisfaction of the Code Officer.
     
    Member Grant seconded. Motion carried by unanimous voice vote.
     
Case #17-108 – Freddy E Curtis & Michelle A Mack – Tax ID 220596 Riverside Drive
Assistant City Attorney Farrell advised that Engineering has been submitted and the applicant has hired an engineering firm to complete the required documents. The Defendant is waiting for final review from the St Johns River Water Management District and the Building Department.
 
Case #17-109 – Freddy E Curtis & Michelle A Mack – Tax ID 220596 Riverside Drive
Assistant City Attorney Farrell advised that Engineering has been submitted and the applicant has hired an engineering firm to complete the required documents. The Defendant is waiting for final review from the St Johns River Water Management District and the Building Department.
 
Case #17-87 – Tarpon IV, LLC – 1350 Queen Street
Officer Lewis testified that he re inspected the property located at 1350 Queen Street August 14, 2017 and that all of the violations of Section 6-109; Property Maintenance, Sub Section 305.1; General Interior Structure, Section 6-109; Property Maintenance, Sub Section 304.6; Exterior Walls – Rotten Wood, Section 6-109; Property Maintenance, Sub Section 304.1; General Exterior Maintenance, Section 6-109; Property Maintenance, Sub Section 304.13; Windows, Skylight, Section 6-109; Property Maintenance, Sub Section 304.15; Door Disrepair, Section 6-109; Property Maintenance, Sub Section 304.7; Roofs and Drainage,  Section 6-109; Property Maintenance, Sub Section 605.1; Electrical Equipment Installation and Section 6-109; Property Maintenance, Sub Section 302.7; Accessory Structures  still existed.
 
Assistant City Attorney Farrell submitted one photograph taken on August 14, 2017 to the board for review as Exhibit 1.
 
Officer Lewis testified that the structure is secure and therefore he did not cite the property for Section 6-109; Property Maintenance, Sub Section 108.1.1; Unsafe Structures.

Code Manager Tolleson testified that a welfare check was conducted and no one was living in the home on the property.

Officer Lewis testified that there has been no utility service for the property since 2011.

Officer Lewis testified he has not had not any contact with anyone responsible for the property.

 
Member Moniz made a motion that the Board issue its Finding of Fact in Case #17-87, relating to the Defendant Tarpon IV, LLC.
 
  1. The Defendant continued to be in violation of all of the Sections of the Code of Ordinances of the City of Titusville on August 14, 2017, as previously determined by the Board.

    Member Beckles seconded. Motion carried by unanimous voice vote.
     
    Member Moniz made a motion that the Board issue its Final Judgment Imposing Fine and Assessing Lien, relating to the Defendant, Tarpon IV, LLC, based upon the Findings of Fact issued this date, and that the Judgment contain the following provisions:
     
  2. The Defendant is assessed and ordered to pay a fine of $100.00 per day for each code section violation, Section 6-109; Property Maintenance, Sub Section 305.1; General Interior Structure, Section 6-109; Property Maintenance, Sub Section 304.6; Exterior Walls – Rotten Wood, Section 6-109; Property Maintenance, Sub Section 304.1; General Exterior Maintenance, Section 6-109; Property Maintenance, Sub Section 304.13; Windows, Skylight, Section 6-109; Property Maintenance, Sub Section 304.15; Door Disrepair, Section 6-109; Property Maintenance, Sub Section 304.7; Roofs and Drainage,Section 6-109; Property Maintenance, Sub Section 605.1; Electrical Equipment Installation and Section 6-109; Property Maintenance, Sub Section 302.7; Accessory Structures.
     
    The Fine shall commence on August 14, 2017, and shall continue until the Code Violation has been corrected to the written satisfaction of the Code Officer.
     
    Member Richardson seconded. Motion carried by unanimous voice vote.
     
     
     



    VIII. NEW BUSINESS
     
    Case #17-125 M T M, Inc. – 4261 South Hopkins Avenue
    Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-125 as City Staff is working with the owner toward compliance.

    Member Moniz made a motion to continue Case #17-125. Vice Chairman Bell seconded. Motion carried by unanimous voice vote.

     
    Case #17-111 – Julie’s Mobile Dog Grooming – 4445 Browning Avenue
    Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-111 as it is in compliance.
     
    Case #17-113 – KFB Construction – 2459 Cheney Highway Unit 3
    Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-113 as it is in compliance.
     
    Case #17-114 – Lyle Starcher – 2459 Cheney Highway Unit 87
    Assistant City Attorney Farrell advised the Board that the City would like to withdraw Case #17-113 as it is in compliance.
     
    Case #17-116 – Doris E Harper Estate – 880 Forest Road
    Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-116 as the City is working with the Defendant to achieve compliance.
     
    Member Moniz made a motion to continue Case #17-116. Member Richardson seconded. Motion carried by unanimous voice vote.
     
    Case #17-117 – Shirley M Murray and Jacob J Murray – 920 Kenilworth Court
    Officer Crisco testified that he inspected the property located at 920 Kenilworth Court June 6, 2017 and found the 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, proof of mailing, and Affidavit of Posting as Exhibit #1.
     
    Officer Crisco testified that the Utility Billing Department confirmed that the property was still in violation.
     
    Officer Crisco testified that during his initial inspection a man on the front porch identified himself as the deceased owner’s son and stated that he lived there.  
     
    Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #2.
     
    Officer Crisco testified that he re inspected the property August 8, 2017 and that the property was still in violation.
     
    Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $410.26 as Exhibit #3.
     
    Utility Billing Manager Carrie Beatty testified that the property located at 920 Kenilworth Court was cut off for non-payment April 2017. Ms. Beatty testified that the total past due amount on the account is currently $357.61. Ms. Beatty testified that meter tampering was discovered at the property June 12, 2017.

    Assistant City Attorney Farrell advised the Board that the past due amount includes, late fees, meter tampering fees and water shut off fees in addition to the utility consumption charges.

     
    Member Grant made a motion that the Board issued its Finding of Fact in Case #17-117, relating to the Defendants Shirley M Murray and Jacob J Murray.
     
  3. The Defendants were properly notified of the violation as alleged in the compliant.
  4. The Defendants are the owners of or in possession of the real property located at 920 Kenilworth Court.
  5. The Defendants are in violation of the Section of the Code of Ordinances of the City of Titusville as listed in the complaint.
Member Richardson seconded. Motion carried by unanimous voice vote.
 
Member Grant made a motion that the Board issue its Order to Correct in Case #17-117 relating to the Defendants, Shirley M Murray and Jacob J Murray.
 
  1. Adjudging the Defendants to be in violation of the Section or Ordinances of the City of Titusville as determined in the Findings of Fact.
  2. Giving the Defendants until 9 am on September 11, 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 September 11, 2017 to show cause why the violation has not been corrected and why the Board should not proceed to impose a fine for the violation.
  3. The Defendants are ordered to pay $410.26, which represents the costs incurred by the City of Titusville to bring the case before the Board.
Member Richardson seconded. Motion carried by unanimous voice vote.
 
Case # 17-118 – Reva M Watson – 527 Rock Pit Road
Assistant City Attorney Farrell advised the Board that the city would like to continue Case #17-118 for one month.

Member Moniz made a motion that the Board continue Case #17-118. Member Richardson seconded. Motion carried by unanimous voice vote.

 
Case #17-119 Focus Property Solutions, LLC – 1700 Gayle Avenue
Assistant City Attorney Farrell advised the Board that Case #17-119 will be withdrawn as it is in compliance.

Case #17-120 – Frank Toma and Therese Toma – 805 Gilbert Street
Officer Hutchings testified that he inspected the property located at 805 Gilbert Street June 2, 2017 and found the violations of Section 13-26; Overgrowth and Section 12-23; Junk & Debris.

Assistant City Attorney Farrell submitted the Notice of Violation, proof of mailing and Affidavit of posting as Exhibit #1.
 
Assistant City Attorney Farrell submitted two photographs of the property taken August 14, 2017 as Exhibit #2.
 
Officer Hutchings testified that he has not had anyone contact him regarding the property.

Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting at Exhibit #3.

 
Officer Hutchings testified that he reinspected the property August 14, 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.
 
Member Ozan made a motion that the Board issue its Finding of Fact in Case #17-120, relating to the Defendants, Frank Toma and Therese Toma.
 
  1. 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 805 Gilbert Street.
  3. The Defendants are in violation of the Sections of the Code of Ordinances of the City of Titusville as listed in the complaint.
 
Member Grant seconded. Motion carried by unanimous voice vote.
 
Member Ozan made a motion that the Board issue its Order to Correct in Case #17-120, relating to the Defendants, Frank Toma and Therese Toma.
 
  1. Adjudging the Defendants 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 Defendants until 9 am on August 14, 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 August 14, 2017, to show cause why the violations have not been corrected and why the Board should not proceed to impose a fine for the violations.
  3. The Defendants are ordered to pay $339.82, 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 #17-121 – Beulah M Posley Bethel Estate – Tax ID 220887 Gilbert Street
Officer Hutchings testified that he inspected the property located at Tax ID 220887 Gilbert Street June 2, 2017 and found the violations of Section 13-26; Overgrowth and Section 12-23; Junk & Debris.
 
Assistant City Attorney Farrell submitted the Notice of Violation, proof of mailing and Affidavit of posting as Exhibit #1.
 
Assistant City Attorney Farrell submitted three photographs of the property taken August 14, 2017 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 he reinspected the property August 14, 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 #17-121, relating to the Defendant, Beulah M Posley Bethel Estate.
 
 
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 220887 Gilbert Street.
3.         The Defendant is in violation of the 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.
 
Vice Chairman Bell made a motion that the Board issue its Order to Correct in Case #17-121, relating to the Defendant, Beulah M Posley Bethel Estate.
 
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 September 11, 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 September 11, 2017, to show cause why the violations have not been corrected and why the 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 Moniz seconded. Motion carried by unanimous voice vote.
 
Case #17-123 – Brevard County Land Co Inc – 4455 Carlysle Avenue
Assistant City Attorney Farrell advised the Board that Case #17-123 is in compliance.
 
Case #17-124 – Ron Norris LLC – 3100 Foley Street
Assistant City Attorney Farrell advised the Board that Case #17-124 is in compliance.
 
Case #17-126 – Steven L Scott – 514 Delespine Avenue
Assistant City Attorney Farrell advised the Board that Case #17-126 is in compliance.
 
Case #17-128 – Jennifer E Geoghan – 1517 Elm Terrace
Assistant City Attorney Farrell advised the Board that the City would like to continue Case #17-128 until the September 11, 2017 Board meeting.

Vice Chairman Bell made a motion that the Board continue Case #17-128 until the September 11, 2017 Board meeting. Member Richardson seconded. Motion carried by unanimous voice vote.

 
Case #17-130 – Loi Nguyen – 4000 Alpine Lane
Assistant City Attorney Farrell advised the Board that the City would like to withdraw the violation of Section 13-26; Overgrowth from the Complaint.

Officer Tuggle testified that she inspected the property located at 4000 Alpine Lane April 26, 2017 and found the violation of Section 6-109; Property Maintenance, Sub Section 302.7; Accessory Structures.
 
Assistant City Attorney Farrell submitted the Notice of Violation, proof of mailing and Affidavit of posting as Exhibit #1.

Officer Tuggle testified that a dead tree on the property located at 4000 Alpine Lane fell on a chain link fence, causing the fence to fall down.

 
Assistant City Attorney Farrell submitted ten photographs of the property taken August 14, 2017 as Exhibit #2.
 
Assistant City Attorney Farrell submitted the Notice of Hearing and Complaint and Affidavit of Posting at Exhibit #3.
 
Assistant City Attorney Farrell submitted a Cost Recovery Statement in the amount of $410.26 as Exhibit #4.

Officer Tuggle testified that she has not seen anyone on the property during previous inspections. Officer Tuggle testified that some progress had been made, therefore, she delayed bringing the case before the Board. Officer Tuggle testified that there has been no progress made in regard to the fence. Officer Tuggle testified that the owner of the property has not contacted her.

 
Vice Chairman Bell made a motion that the Board issue its Finding of Fact in Case #17-130, relating to the Defendant, Loi Nguyen.
 
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 4000 Alpine Lane.
3.         The Defendant is in violation of Section 6-109; Property Maintenance, Sub Section 302.7; Accessory Structures of the City of Titusville as listed in the Complaint.
 
Member Beckles seconded. Motion carried by unanimous voice vote.
 
Vice Chairman Bell made a motion that the Board issue its Order to Correct in Case #17-130, relating to the Defendant, Loi Nguyen.
 
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 September 11, 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 September 11, 2017, to show cause why the violation has not been corrected and why the Board should not proceed to impose a fine for the violation.
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 Beckles seconded. Motion carried by unanimous voice vote.
 
Case #17-131 – Charles L Kinker – 3590 South Park Avenue
Assistant City Attorney Farrell advised the Board that Case #17-131 is in compliance.
 
Case #17-132 Frances Smircich-165 Beverly Street
Assistant City Attorney Farrell advised the Board that Case #17-132 is in compliance.






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IX.       BOARD ATTORNEY’S REPORT
           
No report

                                                                                XXX
 

X.        CITY ATTORNEY’S REPORT
           
No report

           

 
 
 
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XI.       CODE ENFORCEMENT MANAGERS REPORT
            No report
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      XII.     CHAIRMAN’S REPORT
                   No report
 
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XIII.    BOARD MEMBER’S REPORT
            Member Richardson requested a summary of all water cases initiated by the Code      Enforcement Department.
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XIV.    ADJOURNMENT  4:13 PM
           
 
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