- Code Enforcement Special Magistrate Meeting
- December 13, 2021 Special Magistrate Hearing Minutes
December 13, 2021 Special Magistrate Hearing Minutes
TITUSVILLE FIRE DEPARTMENT
550 S WASHINGTON AVE
TITUSVILLE, FL 32796
MEETING MINUTES
Monday December 13, 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 Fire Department Multi Purpose Room 550 S Washington Avenue, Titusville, FL.
Present:
Debra Nutcher, Special Magistrate
Glenn Tolleson, Code Enforcement Manager
Chelsea Farrell, Assistant City Attorney
SWEARING IN OF WITNESSES
Jim Flannigan, Code Enforcement Officer
Mae Wright, Code Enforcement Officer
Frank Lewis, Code Enforcement Officer
Ken Hutchings, Code Enforcement Officer
Kyle Mack, Fire Inspector
HEARINGS
Code Enforcement Manager Glenn Tolleson advised that the following cases were in compliance: 21-20, 21-23, 21-35, 21-40 and 21-45. Code Manager Tolleson advised that case 21-39 and 21-41 would be withdrawn from the Agenda.
MASSEY HEARING
21-22 JAMES SCANDRETT
LOUISE SCANDRETT
3920 BARCELONA STREET, TITUSVILLE, FL 32796
TAX PARCEL ID # 21-35-31-51-5-22
Code Enforcement Officer: Frank Lewis
Notice of Hearing: Certified and Posted
1. Section 6-109; 2018, Property Maintenance;
Sub Section 302.4, Weeds
2. Section 6-109; 2018, Property Maintenance;
Sub Section 304.1, General Exterior Maintenance
3. Section 6-109; 2018, Property Maintenance;
Sub Section 304.1.1 (8), Roofing or Roofing Components
4. Section 12-23; Junk and Debris
5. Section 13-73; Inoperable Vehicles
At the September 13, 2021 Special Magistrate hearing Frank Lewis, Lead Code Enforcement Officer, was present and testified on behalf of the City. Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Lewis submitted a Cost Recovery Statement in the amount of $122.00 as Exhibit # 3. Officer Lewis entered a powerpoint presentation as Exhibit #4.
James Scandrett, property owner, was present and testified.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before December 9, 2021 or a fine of $25.00 per day, per violation will be imposed. The fines shall commence on December 10, 2021 if the violations are not corrected. Special Magistrate Nutcher reserved jurisdiction to impose the City’s costs of prosecution in the amount of $122.00.
At the December 13, 2021 Special Magistrate hearing Frank Lewis, Lead Code Enforcement Officer, was present and testified on behalf of the City. Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #1. Officer Lewis entered a powerpoint presentation as Exhibit #2.
James Scandrett, property owner, was present and testified.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before January 13, 2022 or a fine of $25.00 per day, per violation will be imposed. The fines shall commence on January 14, 2022 if the violations are not corrected. Special Magistrate Nutcher reserved jurisdiction to impose the City’s costs of prosecution in the amount of $122.00.
INITIAL HEARING
21-46 JAMES SPEIGNER
1412 ELM TERRACE, TITUSVILLE, FL 32780
TAX PARCEL ID 21-35-09-BN-B-5
CODE ENFORCEMENT OFFICER: Ken Hutchings
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109 ;2018 IPMC, 304.1.1 – Unsafe Conditions
2. Section 6-109; 2018 IPMC, SEC 303.1 – Swimming Pools
At the December 13, 2021 Special Magistrate hearing Ken Hutchhings, Code Enforcement Officer, was present and testified on behalf of the City. Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Hutchings submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Officer Hutchings entered a powerpoint presentation as Exhibit #4.
Barry Walker, attorney for the property owner, was present and testified.
Special Magistrate Debra Nutcher ordered that the respondent apply for permits and have the pool in compliance on or before March 14, 2022. A subsequent hearing will be held on March 14, 2022. Special Magistrate Debra Nutcher reserved jurisdiction to impose City’s costs of prosecution in the amount of $104.39.
INITIAL HEARING
21-49 RACHEL POUNCY
DAVID POUNCY
710 WAGER AVE, TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-03-50-*-79
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 12-23; Junk and Debris
2. Section 28-373; Private Park
At the December 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 $104.39 as Exhibit # 3. Officer Flannigan entered a powerpoint presentation as Exhibit #4.
David Pouncy, property owner, was present and testified.
Special Magistrate Debra Nutcher continued case 21-49 until the January 10, 2021 hearing.
MASSEY 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.
At the December 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 Hearing and Complaint and Affidavit of Posting as Exhibit #1. Officer Wright entered a powerpoint presentation as Exhibit #2.
Tuan Le, property owner, was present and testified.
Special Magistrate Debra Babb-Nutcher imposed a fine in the amount of $250.00 per day for the violation of Section 6-56; Permit Required. The fine will commence December 11, 2021. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $227.66.
REPEAT VIOLATION
21-42 GREGORY PETTENGILL
1002 QUEEN ST, 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 (REPEAT VIOLATION)
At the December 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 $104.39 as Exhibit # 3. Officer Flannigan entered a powerpoint presentation as Exhibit #4.
Gregory Pettengill was not present at the hearing.
Special Magistrate Debra Nutcher ordered the respondent to pay a fine in the amount of $25.00 per day for the violations observed on 11/1/2021, 11/2/2021, 11/3/2021, 11/4/2021. Special Magistrate Debra Nutcher reserved jurisdiction to impose costs in the amount of $104.39.
INITIAL HEARING
21-44 RAUCCI ENTERPRISES
4401 S HOPKINS AVE, SUITE 102 TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-22-75-51-7
CODE ENFORCEMENT OFFICER: Kyle Mack
NOTICE OF HEARING: CERTIFIED AND POSTED
1. NFPA 1-10.11.1 : Premises Identification
2. NFPA 1-11.1.3: Overloaded Outlets, Fuses or Breakers
3. NFPA 1-11.1.5 – Temporary Wiring/Extension Cords
At the December 13, 2021 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Fire Inspector submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.
No representative for Raucci Enterprises was not present at the hearing.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before January 10, 2022 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on January 11, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $104.39.
INTIAL HEARING
21-47 KEITH EDWARDS
3985 THOR AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-22-26-8-3
CODE ENFORCEMENT OFFICER: Ken Hutchings
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; 2018 IPMC 302.4 - Weeds
2. Section 12-23; Junk and Debris
3. Section 6-56; Permit Required
At the December 13, 2021 Special Magistrate hearing Ken Hutchings, Code Enforcement Officer, was present and testified on behalf of the City. Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Hutchings submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Officer Hutchings entered a powerpoint presentation as Exhibit #4.
Keith Edwards, property owner, was not present.
Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before January 9, 2022 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on January 10, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $104.39.
INITIAL HEARING
21-48 TERRY ROSENBERGER REVOCABLE LIVING TRUST
2381 TALMADGE DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID 22-35-09-80-1-3.01
CODE ENFORCEMENT OFFICER: Ken Hutchings
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 12-23; Junk and Debris
2. Section 20-58 A; Parking
At the December 13, 2021 Special Magistrate hearing Ken Hutchings, Code Enforcement Officer, was present and testified on behalf of the City. Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Hutchings submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Officer Hutchings entered a powerpoint presentation as Exhibit #4.
A representative for Terry Rosenberger Revocable Living Trust was not present.
Special Magistrate Debra Nutcher found the property to be in violation of Section 12-23 and Section 20-58 A. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $104.39.
- CODE ENFORCEMENT MANAGER’S REPORT
Code Enforcement Manager Glenn Tolleson advised that the January 10 2022 Hearings would be held at the Fire Department.
- ADJOURNMENT 3:43 PM