January 10, 2022 Special Magistrate Minutes

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

JANUARY 10, 2022

2:00 PM – COUNCIL CHAMBER AT CITY HALL
 555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FL 32796
 

Special Magistrate Debra Babb-Nutcher

 

The city desires to accommodate persons with disabilities. Accordingly, any person who requires an accommodation, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the hearing, submit a written request to the City Clerk detailing the accommodation required.

 

Any person who decides to appeal any decision of the special magistrate, with respect to any matter considered at this hearing, will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Any person or defendant who requests to review or object to any exhibits presented to the special magistrate by the City of Titusville prior to submission to the special magistrate, must stand and state their requests to review the exhibits prior to review by the magistrate at the time their case or agenda item is called for hearing.

 

Any person found to be in violation of the City of Titusville Code of Ordinances and given a time frame in which to comply shall, upon compliance, be responsible for contacting the code enforcement supervisor for an inspection to verify said compliance. The violation will not be considered to be in compliance until the code enforcement supervisor is notified and verifies compliance.

 

  1. CALL TO ORDER


  1. SWEARING IN OF WITNESSES 


  1. HEARINGS
     
     

 

 

 

 

 

 

 

MASSEY HEARING

21-44  
 RAUCCI ENTERPRISES
 4401 S HOPKINS AVENUE, 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.

 

MASSEY 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.

 

CONTINUED

21-49    
 RACHEL POUNCY 
 DAVID POUNCY  
 710 WAGER AVENUE, 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.

 

INITIAL HEARING

22-02    
 BARBARA SOLENICK 
 2411 JAYWOOD DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-08-76-B-14
 CODE ENFORCEMENT OFFICER: Ken Hutchings
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC, Section 302.4 Weeds
 2. Section 13-73, Inoperable Vehicles

 

 

 

 

 

INITIAL HEARING
22-03  
 PATRICIA SCHREIBER REVOCABLE TRUST
 1100 N SINGLETON AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID 21-35-29-51-*-24
 CODE ENFORCEMENT OFFICER: Frank Lewis 
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 13-73, Inoperable Vehicles

 

INITIAL HEARING

22-04    
 NOBLE PROPERTIES LTD 
 708 CHENEY HIGHWAY, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-22-25-*-1.04
 CODE ENFORCEMENT OFFICER: Kyle Mack
  NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 101-8.5.6: Penetrations
  

 

INITIAL HEARING

22-05    
 SUNWIDE PROPERTIES LLC 
 1303 PALMETTO STREET, TITUSVILLE, FL 32796
 TAX PARCEL ID 22-35-04-01-59-1
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC, Section 302.4 Weeds
 2. Section 12-23; Junk and Debris
 3. Section 6-109; 2018 IPMC 304.7 Roof and Flashing
 
 

 

 

 

 

 

INITIAL HEARING

22-06    
 VERMONT LLC 
 1545 KINGS COURT, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-09-10-*-15
 CODE ENFORCEMENT OFFICER: Ken Hutchings
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC, 304.1 General Exterior Maintenance 
 2. Section 6-109; 2018 IPMC, 304.7 Roofs and Drainage
 3. Section 6-109; 2018 IPMC, 604.3 Electrical Systems Hazards
 4. Section 6-109; 2018 IPMC, 304.13 Window, Skylights, Door Frames
 5. Section 6-109; 2018 IPMC, 403.2 Bathrooms and Toilet Rooms
 6. Section 6-109; 2018 IPMC, 303.1 Swimming Pools
 7. Section 6-109; 2018 IPMC, 305.1 General Interior Maintenance
 8. Section 6-109; 2018 IPMC, 602.2 Heating – Residential Occupancies
 
 
 

 

  1. CODE ENFORCEMENT MANAGER’S REPORT
     
     
  2. ADJOURNMENT