March 13 2023 Special Magistrate Hearing Minutes

CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32796

MEETING MINUTES

Monday March 13, 2023

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

Mae Wright, Code Enforcement Officer
Jim Flannigan, Code Enforcement Officer
Ken Hutchings, Code Enforcement Officer

HEARINGS

MASSEY HEARING
23-10
BRIAN KENNETH DAVIS
302 WILLOW STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-22-76-71-16
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 302.7 - Accessory Structures
2. Section 6-109; Sub Section 303.1 – Swimming Pool
3. Section 6-109; Sub Section 303.2 – Swimming Pool - Enclosures
4. Section 12-23 – Junk and Debris
5. Section 13-28 – Trash and Rubbish

At the February 13, 2023 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 $216.58 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Brian Kenneth Davis, property owner, was present and provided testimony.

At the February 13, 2023 hearings Special Magistrate Nutcher ordered that the respondent immediately correct the violation of Section 6-109; 2018 IPMC Sec 303.2 and secure the gate so that it is self-latching and self-closing to provide a secure barrier around the pool by 12:00 pm (noon) on February 17, 2023. If the violation of Sec 303.2 is not corrected a fine in the amount of $250.00 per day will be imposed.
In addition, Special Magistrate ordered that the respondent correct the four remaining violations by 12:00 pm (noon on March 10, 2023 or a fine in the amount of $50.00 per day per violation will be imposed beginning March 11, 2023. Special Magistrate Nutcher imposed costs in the amount of $216.58.

At the March 13, 2023 Special Magistrate hearing Mae Wright, Code Officer, 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. The City’s Power Point presentation and photographs were admitted into evidence.

Brian Kenneth Davis, property owner, was present and provided testimony.

Special Magistrate Nutcher issued and order imposing fine and lien for the violation of Section 6-109; 2018 IPMC Section 302.7 – Accessory Structures (screen enclosure), Section 6-109; 2018 IPMC Section 303.1 – Unsanitary Pool, Section 13-28 trash and rubbish, and Section 12-23 Junk and Debris. A fine in the amount of $50.00 per day, per violation commencing March 11, 2023, and continuing until the violations are corrected to the written satisfaction of the Code Enforcement Officer. Costs are imposed in the amount of 216.58.

INITIAL HEARING
23-04
MICHAEL V SYMON
1590 THOMAS STREET, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-91-*-19
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 302.7 - Accessory Structures
2. Section 6-109; Sub Section 304.2 – Protective Treatment - Paint
3. Section 6-109; Sub Section 304.3 – Premises Identification
4. Section 6-109; Sub Section 304.6 – Exterior Walls
5. Section 12-23 – Junk and Debris

At the March 13, 2023 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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Michael V Symon, Respondent, was not present at the hearing.

At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 302.7 – Accessory Structures (shed/fence) 2) Section 6-109; 2018 IPMC Section 304.2 – Protective Treatment (paint) 3) Section 6-109; 2018 IPMC Section 304.3 – Premises Identification 4) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls 5) Section 12-23 Junk and Debris; by 12:00 pm (noon) on May 5, 2023. If the violations are not corrected on May 5, 2023 a fine in the amount of $25.00 per violation (5 violations) commencing May 6, 2023, and continuing daily until the violations are corrected, may be imposed. The City’s costs of prosecution are imposed in the amount of $234.19.

INITIAL HEARING
23-12
C CUBES LANDING LLC
TAX ID 2206808, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-11-*-1.08
CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 302.4 – Overgrowth
2. Section 6-109; Sub Section 304.1 – General Exterior Maintenance
3. Section 6-109; Sub Section 304.6 – Exterior Walls
4. Section 6-109; Sub Section 305.2 – Structural Members
5. Section 12-23 – Junk and Debris
6. Section 28-151 – Outdoor Storage

At the March 13, 2023 Special Magistrate hearing Ken Hutchings, Code Officer, was present and testified on behalf of the City. Code Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Hutchings submitted a Cost Recovery Statement in the amount of $165.75 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

No representative for C Cubes Landing LLC, Respondent, was present at the hearing.

At the March 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 302.4 – Overgrowth; 2) Section 6-109; 2018 IPMC Section 304.1 – Exterior Maintenance; 3) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls; 4) Section 6-109; 2018 IPMC Section 305.1 – Structural Members; 5) Section 12-23 Junk and Debris; 6) Section 28-151 – Outdoor Storage; by 12:00 pm (noon) on May 5 2023. If the violations are not in compliance by May 5, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, commencing May 6, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $165.75.

INITIAL HEARING
23-13
HILLCREST 795 LAND TRUST
795 HILLCREST LAND TRUST, TITUSVILLE, FL 32796
TAX PARCEL ID # 22-35-05-75-10-7
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 – Permit Required

At the March 13, 2023 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 $234.19 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

No representative for Hillcrest 795 Land Trust, Respondent, was present.

At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 6-56 – permit required by 12:00 pm (noon) April 7, 2023 or a fine will be imposed in the amount of $50.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $234.19.

INITIAL HEARING
23-14
NEW BEGINNINGS OF BREVARD LLC
2635 SLASH PINE COURT, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-20-01-3-4
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 – Permit Required

INITIAL HEARING
23-15
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: CERTIFED AND POSTED

1. Section 30-214 – Stormwater Management Enforcement and Penalties

At the March 13, 2023 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.

No representative for C Cubes Strip LLC, Respondent, was present at the hearing.

At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 30-214 – Stormwater Management Enforcement and Penalties by 12:00 pm (noon) April 7, 2023 or a fine will be imposed in the amount of $50.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $198.97.

INITIAL HEARING
23-16
DIANE A WALSH
GREGORY S DELFINO
1630 CHAUCER ROAD, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-21-75-*-33
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 304.6 – Exterior Walls
2. Section 6-109; Sub Section 304.7 – Roofs and Drainage
3. Section 6-109; Sub Section 304.13 – Windows, Skylights, Door Frames
4. Section 6-109; Sub Section 505.1 – Running Water
~~5. Section 12-23 – Junk and Debris~~ Compliance February 23, 2023

At the March 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls; 2) Section 6-109; 2018 IPMC Section 304.7 – Roofs and Drainage; 3) Section 6-109; 2018 IPMC Section 304.13 – Windows, Skylights, Door Frames; 4) Section 6-109; 2018 IPMC Section 505.1 – Running Water; by 12:00 pm (noon) on May 5, 2023. If the violations are not in compliance by May 5, 2023 at 12:00 pm (noon) a fine in the amount of $25.00 per day, commencing May 6, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $216.58.

INITIAL HEARING
23-17
DG/7 ELEVEN HOLDINGS LLC
1555 CHENEY HIGHWAY, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-28-01-1-1
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 30-305 A – Continuing Landscape Maintenance Required

At the March 13, 2023 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 $181.36 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

No representative for DG/7 Eleven Holdings LLC, Respondent, was present at the hearing.

At the March 13, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 30-305 A Continuing Landscape Maintenance Required by 12:00 pm (noon) April 7, 2023 or a fine will be imposed in the amount of $50.00 per day will be imposed April 8, 2023. The City’s costs of prosecution are imposed in the amount of $181.36.

CODE ENFORCEMENT MANAGER’S REPORT
No report
I. ADJOURNMENT 3:40 PM

March 13 2023 Special Magistrate Hearing Minutes

Contact Us

Quick Links

Site Links