January 8 2024 Agenda

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

January 8, 2024

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.

 

CALL TO ORDER


SWEARING IN OF WITNESSES 


HEARINGS
 
 


 
 

 

 

 

 

 

LIEN REDUCTION REQUEST
 
23-02 
 
2300 HOLDINGS LLC
 2300 COLUMBIA BLVD, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-127.01
 CODE ENFORCEMENT OFFICER: FRANK LEWIS
 NOTICE OF HEARING: CERTIFED AND POSTED

 

MASSEY/COMPLIANCE HEARING
 
23-58
DOROTHY HARRIS 
 3130 BARNA AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-16-04-5-12
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 12-23 – Junk and Debris
 2. SEC 13-73 – Inoperative Vehicle Prohibited
 3. SEC 6-109; 2018 IPMC SEC 302.5 – Rodent Harborage
 4. SEC 6-109; 2018 IPMC SEC 302.7 – Accessory Structures - Fence
 5. SEC 6-109; 2018 IPMC SEC 302.4 – Weeds
 6. SEC 6-109; 2018 IPMC SEC 304.1- 402.1 – Habitable Spaces - Glazing

At the November 13, 2023 Special Magistrate hearing Jim Flannigan, Code Enforcement 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 $198.97 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

Dorothy Harris and Edwin Harris were present and provided testimony.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Sec 12-23 – Junk and Debris 2) Sec 13-73 Inoperable Vehicle 3) Sec 6-109; 2018 IPMC Sec 302.7 Accessory Structures on or before 12:00 pm (noon) January 5, 2024. If compliance is not achieved by this date, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine of $25.00 per day/per violation commencing January 6, 2024, and continuing until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $198.97.

 

MASSEY HEARING
 
23-59
 CLARK MCCLELLAND 
 4100 TRINIDAD AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-21-06-3-8
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 12-23 – Junk and Debris
 2. SEC 13-73 – Inoperative Vehicle Prohibited
 3. SEC 13- 26 – Overgrowth
 4. SEC 6-109; 2018 IPMC SEC 304.13 – Windows, Skylights, Door Frames
 5. SEC 6-109; 2018 IPMC SEC 304.7 – Roofs and Drainage

At the November 13, 2023 Special Magistrate hearing Mae Wright, Code Enforcement 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.

Clark McClelland was present and provided testimony.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Sec 12-23 – Junk and Debris 2) Sec 13-73 Inoperable Vehicle 3) Sec 6-109; 2018 IPMC Sec 304.13 windows, doors by 12:00 pm (noon) on January 5, 2024. Respondent shall correct the violations of 4) Sec 6-109; 2018 IPMC Sec 304.13 5) Sec 6-109; 2018 IPMC Sec 3047 roof on or before 12:00 pm (noon) February 9, 2024. If compliance is not achieved by these dates, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine of $25.00 per day/per violation commencing after the compliance deadlines, and continuing until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are waived.

 

MASSEY/COMPLIANCE HEARING
 
23-60
FRANCES MCALEE 
 JOHN MCALEE 
 4320 ABBOTT AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-22-50-2-9
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1.SEC 6-109; 2018 IPMC SEC 605.1 – Electrical Equipment Installation
 2. SEC 6-109; 2018 IPMC SEC 304.13 – Windows, Skylights, Door Frames
 3. SEC 6-109; 2018 IPMC SEC 304.6 – Exterior Walls
 4. SEC 6-109; 2018 IPMC SEC 305.3 – Interior Surfaces
 5. SEC 6-109; 2018 IPMC SEC 308.1 – Accumulation of Rubbish or Garbage
 6. SEC 6-109; 2018 IPMC SEC 502.1 – Dwelling Units – Plumbing
 7. SEC 6-109; 2018 IPMC SEC 305.1 – General Interior Maintenance
 8. SEC 6-109; 2018 IPMC SEC 304.7 – Roofs and Drainage

At the November 13, 2023 Special Magistrate hearing Mae Wright, Code Enforcement 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 $322.24 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

No respondent was present and provided testimony.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Sec 6-109; 2018 IPMC Sec 605.1 – Electrical Equipment Installation; 2) Sec 6-109; 2018 IPMC 304.13 – Windows 3) Sec 6-109; 2018 IPMC Sec. 304.6 – Exterior Walls 4) Sec 6-109; 2018 IPMC Sec 305.3 – Interior Surfaces 5) Sec 6-109; 2018 IPMC Sec 308.1 – Accumulation of Rubbish or Garbage; 6) Sec 6-109; 2018 IPMC Sec 502.1 -Dwelling Units – Plumbing; and 7) Sec 6-109; 2018 IPMC 305.1 – General Interior Maintenance before 12:00 pm (noon) January 5, 2024. If compliance is not achieved by this date, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine of $50.00 per day/per violation commencing January 6, 2024, and continuing until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $322.24.

 

 

 

 

MASSEY/COMPLIANCE HEARING
 
23-61
ANDREW POLK
 AMANDA POLK 
 1669 SARATOGA DRIVE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-30-11-11-16
 CODE ENFORCEMENT OFFICER: FRANK LEWIS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 6-109; 2018 IPMC SEC 302.4 – Overgrowth
 
 At the December 11, 2023 Special Magistrate hearing Frank Lewis, Code Enforcement Officer, was present and testified on behalf of the City. Code Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Lewis submitted a Cost Recovery Statement in the amount of $234.19 as Exhibit # 3. Code Officer Lewis entered a powerpoint presentation as Exhibit #4.

There was no representative present at the hearing.
 
At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 6-109; 2018 IPMC Section 302.4 – Overgrowth, by 12:00 (noon) on January 8th, 2024. If the violation is not in compliance by the dates previously indicated, a fine in the amount of $25.00 per day, per violation, 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 $146.14.

 

INITIAL HEARING
 
24-01
TITUS HOLDINGS LLC
 JAGDESH MAHASE, REGISTERED AGENT
 5071 RIVEREDGE DR #10, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-26-BF-*-25.10
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 6-56 (A) – Permit Required

 

 

 

 

 

 

INITIAL HEARING
 
24-02
ACN COMPANY
 2459 CHENEY HWY, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-1
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 30-39 – Tree Removal Permit Required

 

INITIAL HEARING
 
24-03
ASP READYCHEM LLC
 707 GILBERT STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-54-2-13
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 6-109; 2018 IPMC SEC 304.7 – Roofs and Drainage

 

INITIAL HEARING
 
24-04
WASHINGTON PROPERTY INVESTMENT
 1450 N WASHINGTON AVENUE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-28-00-516 
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 12-23 – Junk and Debris
 2. SEC 6-109; 2018 IPMC SEC 302.7 Accessory Structures

 

 

 

 

 

 

 

 

IV.CODE ENFORCEMENT MANAGER’S REPORT
 

V. ADJOURNMENT