September 12 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

MEETING MINUTES 

Monday September 12, 2022
 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 City Hall, Council Chambers, 555 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
 Kyle Mack, Fire Inspector
 

HEARINGS

MASSEY HEARING

22-27
 EDUARDO A RABEL
 TAX ID 2322889, TITUSVILLE, FL 32780 
 TAX PARCEL ID # 23-35-01-25-E
 CODE ENFORCEMENT OFFICER: Mae Wright 
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 1. Section 30-83; Prohibition on Alteration of Natural Topography
 2. Section 13-28; Dead Trees

At the June 13, 2022 hearing Special Magistrate hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Wright submitted a Cost Recovery Statement in the amount of $157.22 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 Rodney Honeycutt was present and provided testimony. Mr. Honeycutt also read a letter from Eduardo A Rabel into the record. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before September 9, 2022 or a fine of $100.00 per day per violation will be imposed. The fines shall commence on September 10, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed costs in the amount of $139.61.

 At the September 12, 2022 Special Magistrate hearing Mae Wright, Code Officers, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #1. 

Rodney Honeycutt was present and testified on behalf of the respondent. Mr. Honeycutt submitted site plan documents to the Special Magistrate for review. 
 
 Special Magistrate Nutcher found that the subject property remained in violation of Section 13-28 – dead trees and debris allowing public nuisance and Section 30-83 topography prohibition and storage of materials and equipment. Special Magistrate Nutcher imposed a fine in the amount of $100.00 per day, per violation, commencing September 10, 2022. Special Magistrate Nutcher also imposed the City’s costs of prosecution in the amount of $139.61. 

MASSEY HEARING

22-30
 JOHN & JEAN E BARRETT REVOCABLE TRUST
 1307 PALMETTO STREET, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-04-01-59-2
 CODE ENFORCEMENT OFFICER: Jim Flannigan 
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 1. Section 6-109; 2018 IPMC SEC. 605.2 – Electrical Equipment Receptacles
 2. Section 6-109; 2018 IPMC SEC. 605.4 - Electrical Equipment Wiring
 3. Section 6-109; 2018 IPMC SEC. 304.13.2 – Openable Windows
 4. Section 6-109; 2018 IPMC SEC. 304.14 – Insect Screens
 5. Section. 6-109; 2018 IPMC SEC. 302.3 – Sidewalks and Driveways
 6. Section 6-109; 2018 IPMC SEC. 502.1 – Required Facilities
 7. Section 6-109; 2018 IPMC SEC. 304.13 – Windows/Skylights/Door Frames
 
 At the June 13, 2022 hearing Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Flannigan submitted a Cost Recovery Statement in the amount of $192.44 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 John Barrett, Respondent, was present and provided testimony. Mr. Barrett submitted three affidavits as composite Exhibit #4. 
 
 Anthony Viscuglia, tenant, was present and provided testimony.

Special Magistrate Nutcher ordered that the respondent correct the violations on or before August 5th, 2022 or a fine of $100.00 per day per violation will be imposed. The fines shall commence on August 6th, 2022 if the violations are not corrected. Special Magistrate Nutcher reserved costs in the amount of $192.44.

At the September 12, 2022 hearing Special Magistrate Nutcher continued Case 22-30 until the October hearing. 

INITIAL HEARING
 22-33
 NATIONAL RETAIL PROPERTIES LP 
 1400 HARRISON STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-16-00-52.1
 CODE ENFORCEMENT OFFICER: Kyle Mack
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 1. NFPA 1-18:2: Fire Department Access – Knox Box
 
 At the September 12, 2022 hearing 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 Mack submitted a Cost Recovery Statement in the amount of $128.53 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.
 
 No representative for National Retail Properties LP was present. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before October 10th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on October 11th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $128.53.

INITIAL HEARING
 22-36
 GEORGE STEPHEN KOSAR JR
 2508 CHESTERFIELD CT, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-80-4-12
 CODE ENFORCEMENT OFFICER: Mae Wright
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 1. Section 13-28; Dead Trees
 2. Section 6-109; 2018 IPMC SEC. 304.7 – Roofs and Drainage
 
 
 At the September 12, 2022 hearing Special Magistrate hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Wright submitted a Cost Recovery Statement in the amount of $198.97 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 George Stephen Kosar Jr was not present. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before October 7th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on October 10th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $198.97

CODE ENFORCEMENT MANAGER’S REPORT
 No report
 I. ADJOURNMENT 2:42 PM