- Code Enforcement Special Magistrate Meeting
- OCTOBER 11 2021 Special Magistrate Minutes
OCTOBER 11 2021 Special Magistrate Minutes
CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday October 11, 2021
2:00 PM
Council Chambers
CODE ENFORCEMENT SPECIAL MAGISTRATE
CALL TO ORDER
The scheduled meeting of the Titusville Code Enforcement Special Magistrate was called to order at 2:00 pm in the Council Chambers 555 S Washington Avenue, Titusville, FL.
Present:
Debra Nutcher, Special Magistrate
Chelsea Farrell, Assistant City Attorney
SWEARING IN OF WITNESSES
Jim Flannigan, Code Enforcement Officer
Mae Wright, Code Enforcement Officer
HEARINGS
Code Enforcement Manager, Glenn Tolleson advised Special Magistrate Nutcher that the Respondent in case 21-27 and 21-31 had achieved compliance.
INITIAL HEARING
21-30 ROYAL PALMS SENIOR APARTMENTS LP
911 S PARK AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-04-00-758
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-56; Permit Required
At the October 11, 2021 Special Magistrate hearing Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $210.05 as Exhibit # 3. Officer Wright entered a powerpoint presentation as Exhibit #4.
Nicky Smalls, property manager, was present and testified.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before November 5, 2021 or a fine of $50.00 per day, per violation will be imposed. The fine shall commence on November 6, 2021 if the violation is not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $210.05.
MASSEY HEARING
21-21 AMBER A AUBURN
4505 BARNA AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-50-*-1
Code Enforcement Officer: Mae Wright
Notice of Hearing: Certified and Posted
1. Section 12-23; Junk and Debris
2. Section 28-391; Residential Accessory Buildings and Structures
At the September 13, 2021 Special Magistrate hearing Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1.
Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Officer Wright entered a powerpoint presentation as Exhibit #4.
Steven Peachy, was present and testified on behalf of the owner.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before October 7, 2021 or a fine of $25.00 per day, per violation will be imposed. The fines shall commence on October 8, 2021 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $174.83.
Code Officer, Mae Wright, was present and provided testimony on behalf of the City; and submitted a Notice of Hearing and Affidavit of posting as Exhibit #1.
Special Magistrate Debra Babb-Nutcher imposed a fine in the amount of $25.00 per day for the violation of Section 12-23 Junk and Debris and Section 28-391; Residential Accessory Buildings and Structures. The fine will commence October 8, 2021.
MASSEY HEARING
21-24 CAGNY B UNDERWOOD
19 N DE LEON AVENUE, TITUSVILLE, FL 32796
TAX PARCEL ID 21-35-34-51-1-3
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 13-26; Overgrowth
2. Section 6-109; 2018, Property Maintenance; Sub Section 304.13, Windows/Skylights/Doors
At the September 13, 2021 Special Magistrate hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Flannigan submitted a Cost Recovery Statement in the amount of $139.61 as Exhibit # 3. Officer Flannigan entered a powerpoint presentation as Exhibit #4.
A respondent was not present and testified on behalf of the owner.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before October 7, 2021 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on October 8, 2021 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $139.61.
Code Officer, Jim Flannigan, was present and provided testimony on behalf of the City; and submitted a Notice of Hearing and Affidavit of posting as Exhibit #1.
Special Magistrate Debra Babb-Nutcher imposed a fine in the amount of $50.00 per day for the violation of Section 6-109; 2018, Property Maintenance; Sub Section 304.13, Windows/Skylights/Doors. The fine will commence October 8, 2021.
INITIAL HEARING
21-33 GREGORY PETTENGILL
1002 QUEEN STREET, TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-09-16-*-7
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 12-23; Junk and Debris 8/12/2021 compliance
2. Section 13-26; Overgrowth 8/12/2021 compliance
At the October 11, 2021 Special Magistrate hearing Jim Flannigan, Code Enforcement Officer, was present and testified on behalf of the City. Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Flannigan submitted a Cost Recovery Statement in the amount of $86.78 as Exhibit # 3. Officer Flannigan entered a powerpoint presentation as Exhibit #4. Officer Flannigan testified that the property was in violation but is now in compliance.
Gregory Pettengill, property owner, was present but did not testify.
Special Magistrate Debra Babb-Nutcher did find that the property was in violation of Section 12-23, Junk and Debris and Section 13-26; Conditions contributing to a public nuisance and furthermore that the property is now in compliance. Special Magistrate Nutcher did not impose a daily fine for the days that the property was in violation. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $86.78.
INITIAL HEARING
21-29 C CUBES STRIP LLC
5155 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-26-BF-*-29
CODE ENFORCEMENT OFFICER: Mae Wright
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-56; Permit Required
At the October 11, 2021 Special Magistrate hearing Mae Wright, Code Enforcement Officer, was present and testified on behalf of the City. Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Wright submitted a Cost Recovery Statement in the amount of $227.66 as Exhibit # 3. Officer Wright entered a powerpoint presentation as Exhibit #4.
Tuan Le, property owner, was present and testified.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before December 10, 2021 or a fine of $250.00 per day, per violation will be imposed. The fines shall commence on December 11, 2021 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $227.66.
- CODE ENFORCEMENT MANAGER’S REPORT
No report
- ADJOURNMENT 3:10 PM