February 12 2024 Agenda

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

February 12, 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
 

 
MASSEY HEARING
 
23-56
C CUBES LANDING LLC
 3310 S HOPKINS AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-15-75-8-1
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. SEC 28-151 – Outdoor Storage
 2. SEC 6-109; 2018 IPMC SEC 305.1 – General Interior Maintenance

At the November 13, 2023 Special Magistrate hearing Ken Hutchings, Code Enforcement 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 $128.53 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

Tuan Le was present and testified on behalf of C Cubes Landing LLC.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) 28-151- Outdoor Storage by 12:00 (noon) on December 8, 2023 and 2) Sec 6-109; 2018 IPMC Section 305.1, by 12:00 pm (noon) on February 9, 2024. If the violations are not in compliance by the dates previously indicated, a fine in the amount of $250.00 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.

Code Officer Ken Hutchings testified that the Respondent came into compliance with City Code Section 28-151 – Outdoor Storage, however, no progress has been made on the violation of Section 6-109; 2018 IPMC, Section 305.1 – General Interior Maintenance – which has a compliance date of February 9, 2024. 


 C Cubes Landing LLC did not have a representative present. 

 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: CERTIFIED 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.

At the January 8, 2024 hearing Code Enforcement Officer Mae Wright submitted a Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #1. Officer Wright testified that the subject property was still in violation.
 Special Magistrate Nutcher imposed a fine in the amount of $25.00 per day, per violation, for the violation of Section 12-23; junk and debris, Section 13-73; Inoperative Vehicle, Section 13-26; overgrowth; commencing January 6, 2024, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer.
 

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
 
 Case 24-02 was continued until the February 12, 2024 hearings.

MASSEY 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: CERTIFIED AND POSTED

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

At the January 8, 2024 Special Magistrate hearing Ken Hutchings, Code Enforcement 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 $216.58 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

No representative for ASP Readychem LLC was present to provide testimony.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Sec 6-109; 2018 IPMC Sec 304.7 – Roofs and Drainage by 12:00 pm (noon) on February 12, 2024. If compliance is not achieved by February 12, 2024, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine of $100.00 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 imposed in the amount of $216.58.

 

MASSEY 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: CERTIFIED AND POSTED

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

At the January 8, 2024 Special Magistrate hearing Ken Hutchings, Code Enforcement 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 $251.80 as Exhibit # 3. Code Officer Hutchings entered a powerpoint presentation as Exhibit #4.

No representative for Washington Property Investment was present to provide testimony.

At the November 13, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Sec 6-109; 2018 IPMC Sec 302.7 – Accessory Structures and 2) Section 12-23 Junk and Debris, by 12:00 pm (noon) on February 9, 2024. If compliance is not achieved by February 9, 2024, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine of $50.00 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 imposed in the amount of $251.80.

 INITIAL HEARING
 
24-06
SPACE COAST PETRO DISTRIBUTORS INC
 695 N WASHINGTON AVENUE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-33-00-23
 CODE ENFORCEMENT OFFICER: KYLE MACK
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 10-7.3.1- Extinguishers Need Servicing
 2. NFPA 1 – 12.7.7.1 – Missing/Damaged Ceiling Tiles or Ceiling

 

INITIAL HEARING
 
24-08
ANTHONY NORRIS
 192 ROOSEVELT ST, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-10-51-1-14
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 13-26 - Overgrowth

INITIAL HEARING
 
24-09
C CUBES LANDING LLC
 3304 S HOPKINS AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-15-75-8-1
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 11-31 – Business Tax Receipt Required
 2. Section 6-109; 2018 IPMC Section 102.2 – Maintenance – Water
 3. Section 6-109; 2018 IPMC Section 304.1 – General Exterior Maintenance
 4. Section 6-109; 2018 IPMC Section 304.6 – Exterior Walls
 5. Section 6-109; 2018 IPMC Section 304.7 – Roofs and Drainage
 6. Section 6-109; 2018 IPMC Section 505.5 – Running Water
 

 INITIAL HEARING
 
24-12
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: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC Section 303.2 – Enclosures – Swimming Pools

 

 IV.CODE ENFORCEMENT MANAGER’S REPORT
 

V. ADJOURNMENT