- Code Enforcement Special Magistrate Meeting
- January 13 2025 Special Magistrate Minutes
January 13 2025 Special Magistrate Minutes
MEETING MINUTES
Monday, January 13, 2025
2:00 PM
COUNCIL CHAMBER
CODE ENFORCEMENT SPECIAL MAGISTRATE
I. 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:
Don H. Nguyen, Special Magistrate
Chelsea Farrell, Assistant City Attorney
Glenn Tolleson, Code Enforcement Manager
Jim Flannigan, Code Enforcement Officer
Mae Wright, Code Enforcement Officer
II. SWEARING IN OF WITNESSES
III. APPROVAL OF DECEMBER 9, 2024, HEARING MINUTES – Special Magistrate Nguyen approved the December 9, 2024, minutes.
IV. HEARINGS
LIEN REDUCTION HEARINGS
23-60
FRANCES MCALEE
JOHN MCALEE (FORMER OWNERS)
FRESH BALM, LLC (CURRENT OWNERS)
4320 ABBOTT AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-22-50-2-9
CODE ENFORCEMENT OFFICER: MAE WRIGHT
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
Special Magistrate Nutcher imposed a fine in the amount of $50.00 per day, per violation, for the violation of Section SEC 6-109; 2018 IPMC SEC 605.1 – Electrical Equipment Installation, SEC 6-109; 2018 IPMC SEC 304.13 – Windows, SEC 6-109; 2018 IPMC SEC 304.6 – Exterior Walls, SEC 6-109; 2018 IPMC SEC 305.3 – Interior Surfaces, SEC 6-109; 2018 IPMC SEC 308.1 – Accumulation of Rubbish or Garbage, SEC 6-109; 2018 IPMC SEC 502.1 – Dwelling Units – Plumbing; commencing January 6, 2024, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. Respondent shall pay the City’s costs of prosecution in the amount of $322.24.
May 30, 2024, the property achieved compliance and was verified by Code department personnel. The daily fine accrued is $41,750.00, City cost of recovery is $322.24, for a total of $42,072.24. The City of Titusville received a payment of $32,422.24 on April 18, 2024, which included the cost of recovery. The outstanding fines accrued are in the amount of $10,250.00.
On or about June 18, 2024, the Code Enforcement Department received an application for a lien reduction in the amount of $9,925.00 from Fresh Balm, LLC, Scott Akers registered agent. The application is presented in accordance with Titusville Code Section 31-71 for the Special Magistrate consideration.
January 13, 2025, the Special Magistrate recommended the Applicant’s lien reduction application be approved and the Subject Lien shall be reduced by $9,925.00 based on the findings. The Applicant shall pay the remaining sum of $325.00. After this Recommended Order is entered, the matter will be placed on the City Council agenda for final action. Code Enforcement shall notify the Applicant of the date of the City Council meeting.
23-59
CLARK MCCLELLAND (FORMER OWNER)
THE 4100 TRINIDAD AVE TRUST (CURRENT OWNER)
4100 TRINIDAD AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-21-06-3-8
CODE ENFORCEMENT OFFICER: MAE WRIGHT
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 January 8, 2024 Special Magistrate hearing, 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. Special Magistrate Nutcher waived admin costs in the amount of $198.97.
At the February 12, 2024 Special Magistrate hearing, Special Magistrate Nutcher imposed a fine in the amount of $25.00 per day, per violation, for the violation of SEC 6-109; 2018 IPMC SEC 304.13 – Windows, Skylights, Door Frames and SEC 6-109; 2018 IPMC SEC 304.7 – Roofs and Drainage commencing February 10, 2024 and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer.
On or about March 22, 2024, Rock Star Investments, LLC, as Trustee of the 4100 Trinidad Ave Trust Agreement dated March 19, 2024, purchased the subject property and were fully aware of the code violations and running fines prior to closing.
A lien was imposed on the property and recorded on April 10, 2024 at Official Records. A second lien was imposed on the property and recorded on May 22, 2024, at the Official Records.
August 12, 2024, the property achieved compliance on the final code violation and was verified by Code department personnel. The daily fine accrued is $11,325.00, City cost of recovery was waived.
September 3, 2024, the Code Enforcement Department received an application for a lien reduction in the amount of $11,325.00 from the 4100 Trinidad Avenue Trust.
Based on the findings on January 13, 2025, the Magistrate recommended the Applicant’s Lien Reduction Application be denied and the Applicant shall pay the entirety of the Code Lien in the amount of $11,325.00. After this recommended order is entered, the matter will be placed on the City Council agenda for final action. Code Enforcement shall notify the Applicant of the date of the City Council meeting.
INITIAL HEARINGS
25-02
DEVIN THOMAS COONS
2641 DRIFTWOOD DRIVE, TITUSVILLE. FL 32780
TAX PARCEL ID# 22-35-20-77-5-19
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 13-26; Dead Tree, Overgrowth
Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $181.36 as Exhibit # 3 and a PowerPoint presentation as Exhibit #4.
Respondent Devin Thomas Coons was present and provided testimony.
Evidence shows the property remains in violation of the above stated code provisions. Based upon the findings, the Respondent shall correct the cited violations on the subject property by 12:00pm (noon) on March 7, 2025. Respondent is to notify the Code Enforcement Officer when compliance is achieved so the officer can inspect and confirm compliance. If compliance with all violations is not achieved by this date, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine in the amount of $50.00 per day, per violation commencing March 8, 2025, and continuing daily until violations are corrected. A lien may also be imposed.
In addition to the fine, the City’s costs of prosecution are imposed in the amount of $181.36, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.
25-04
EXPLORE & DISCOVER INC
1700 KNOX MC RAE DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-16-00-754
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 30-39; Tree Removal Permit Required
2. Section 30-83; Prohibition: Clearing, Storage of Materials and Equipment
Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1, Notice of Hearing and Affidavit of posting as Exhibit #2, a Cost Recovery Statement in the amount of $163.75 as Exhibit # 3 and a PowerPoint presentation as Exhibit #4.
Respondent Explore & Discover, Inc was present and provided testimony.
A notice of violation was issued giving a reasonable time to correct the violations, but the violations were not corrected. Evidence shows the property remains in violation of the above-stated code provisions.
Based upon the findings, the Respondent shall correct the cited violations on the subject property by 12:00pm (noon) on April 11, 2025. Respondent is to notify the Code Enforcement Officer when compliance is achieved so the officer can inspect and confirm compliance. If compliance with all violations is not achieved by this date, a subsequent compliance/Massey hearing will be held, and the Magistrate may impose a fine in the amount of $5,000.00 on April 12, 2025. A lien may also be imposed.
In addition to the fine, the City’s costs of prosecution are imposed in the amount of $163.75, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.
V. CODE ENFORCEMENT MANAGER’S REPORT – No report
VI. ADJOURNMENT 3:19PM