February 10 2025 Special Magistrate Minutes 

MEETING MINUTES 

Monday, February 10, 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

Kyle Mack, Fire Inspector
 

II. SWEARING IN OF WITNESSES

III. APPROVAL OF JANUARY 13, 2025, HEARING MINUTES- Approved by Special Magistrate Nguyen.

IV. HEARINGS

LIEN REDUCTION HEARINGS

24-72

JAMES MICHAEL KARNA (FORMER OWNER

MATTHEW K MEYERS (CURRENT OWNER/APPLICANT)

195 ROOSEVELT STEET, TITUSVILLE, FL 32780

TAX PARCEL ID #22-35-10-51-2-29

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

1. Section 13-28; Dead Tree

2. Section 6-109; 2018 IPMC, Section 302.4 – Overgrowth

On the July 8, 2024, Special Magistrate hearing, Magistrate Nix issued an Order Imposing Fine and Lien, she imposed a fine in the amount of $100.00 per day related to violation Sec 13-28 – Public Nuisance – Dead Tree, commencing July 6, 2024, and continuing daily until the violation is corrected to the written satisfaction of the Code Enforcement Officer. 

The subject property came into compliance on December 11, 2024, after an inspection was done by the Code Enforcement Officer. 

On November 26, 2024, the Code Enforcement Department received an application for a lien reduction in the amount of $13,000.00 from Matthew K. Meyers. The application is presented in accordance with Titusville Code Section 31-71 for Special Magistrate consideration.

On February 10, 2025, Special Magistrate Nguyen denied the lien reduction request submitted by Matthew K. Meyers for $13,000.00.

MASSEY HEARING

24-86
JEWEL W GRIFFITH
ALLAN T GRIFFITH
3452 S HOPKINS AVENUE, TITUSVILLE, FL 32780
TAX PARCEL ID # 22-35-15-75-3-12
CODE ENFORCEMENT OFFICER: Jim Flannigan
NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 1-11.1.8; Electrical Cover Plates
2. Section 6-109; Sub Section 605.1; Electrical Equipment Installation
3. Section 6-109; Sub Section 304.1; General Exterior Maintenance
4. Section 6-109; Sub Section 304.6; Exterior Walls
5. Section 6-109; Sub Section 304.7; Roofs and Drainage
6. Section 6-56 (A); Building Permit Required

On December 9th, 2025, Respondent requested a 60-day extension which the Special Magistrate granted. The Respondent was to correct violations of 1. Sec. 6-109, Sub Section 304.1, General Exterior Maintenance; 2. Sec. 6-109, Sub Section 304.6, Exterior Walls and 3. Sec. 6-56(A), Building Permit Required, by 12:00 pm noon on February 7, 2025. Failure to comply by the extended compliance date shall result in a fine being imposed in the amount of $100.00 per day per violation, commencing from the original violation date of October 12, 2024, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. 

In addition to the fine imposed herein, Respondent shall pay The City’s costs of prosecution in the amount of $216.58 (if said costs have not been previously paid). The fine and costs shall be made payable to the “City of Titusville” and delivered to the Office of the City Attorney, 555 South Washington Avenue, Titusville, FL.

On January 27, 2025, the City of Titusville received a payment of $216.58 from respondent.

On February 4, 2025, the subject property was marked in compliance after a reinspection done by Code Enforcement Officer Flannigan.

On February 10, 2025, Special Magistrate Nguyen found that all the necessary actions have been completed, and the property is now in compliance, case closed.

INITIAL HEARINGS

25-09

EMMA B. PORTLOCK (ESTATE)

1121 SECOND AVENUE, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-03-54-11-13

CODE ENFORCEMENT OFFICER: JIM FLANNIGAN

NOTICE OF HEARING: CERTIFIED AND POSTED 

1. Section 6-109; 2018 IPMC Section 102.2 - Maintenance 

2. Section 6-109; 2018 IPMC Section 302.3 – Sidewalks and Driveways

3. Section 6-109; 2018 IPMC Section 302.4 – Overgrowth – Weeds

4. Section 6-109; 2018 IPMC Section 304.13.2 – Openable Windows

5. Section 6-109; 2018 IPMC Section 304.7 – Roof and Drainage 

On February 10, 2025, Code Enforcement 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 $216.58 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.

The respondent was not present.

Evidence shows that subject property remains in violations of the above-mentioned code provisions. Based upon the findings, the respondent shall correct the cited violations 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 $100.00 per day, per violation commencing April 12, 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 $216.58, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-11

TPK INVESTMENTS LLC

2671 SUSSANA LN, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-20-05-*-3

CODE ENFORCEMENT OFFICER: MAE WRIGHT

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 34-10; Site Permit Required – Site Development 

2. Section 6-109; 2018 IPMC Sec. 302.4 – Overgrowth – Weeds 

On February 10, 2025, 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 $234.19 as Exhibit # 3 and a PowerPoint presentation as Exhibit #4.

The registered agent Darlene Tindall from TPK Investments LLC was present and presented testimony. 

Evidence shows that subject property remains in violation of the above-mentioned code Section 34-10; Site Permit Required – Site Development. The second violation was corrected on January 28, 2025. Based upon the findings, the respondent shall correct the remaining violation by 12:00pm (noon) on April 11, 2025. 

The respondent shall submit an application for a site permit and/or remove the fill dirt from property and re-establish ground cover on all affected areas by 12:00pm (noon) on April 11, 2025. Respondent shall further correct the cited violations on the subject property by obtaining a site permit and/or remove the fill dirt from property and re-establish ground cover on all affected areas by 12:00pm (noon) on August 11, 2025. If compliance with all violations is not achieved by August 11, 2025, a subsequent compliance/Massey hearing will be held and the Magistrate may impose a fine in the amount of $100.00 per day retroactive to April 12, 2025, and continuing daily until the 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 $234.19, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-15

SIMOES PROPERTY GROUP LLC

1245 GRUMMAN PL, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-34-OF-*-1

FIRE INSPECTOR: KYLE MACK

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 3-13 – Response to Alarms, Corrective Actions, Report Required F

On October 2, 2024, this property was given notice of violation for the section stated above and was given until October 16, 2024, to correct the violation.

On February 10, 2025, Fire Inspector Kyle Mack 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 $128.53 as Exhibit # 3 and a PowerPoint presentation as Exhibit #4. 

The respondent was provided notice of this hearing and did not appear at the hearing.

Based upon the findings, the respondent shall correct the cited violation on the subject property by contacting the Fire Department and pay the fire false alarms fees totaling in the amount of $1,740.00 by 12pm (noon) on March 10, 2025. 

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 $250.00 on March 11, 2025. A lien may also be imposed.

In addition to the fine, the City’s costs of prosecution are imposed in the amount of $128.53, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-18

APPLEWOOD APARTMENTS LLC

4747 S WASHINGTON AVE, TITUSVILLE, FL 32780

TAX PARCEL ID# 22-35-26-BF-*-4.01

FIRE INSPECTOR: KYLE MACK

NOTICE OF HEARING: CERTIFIED AND POSTED 

1. NFPA 1 – 1.7.12 – Permit shall be required

2. NFPA 1-10.18.5.1 – Combustible storage in equipment rooms

On August 9, 2024, the subject property was given a Notice of Violation that a permit was required for the unpermitted installation of a fire alarm system. The subject property was given the date of August 16, 2024, to correct violation.

On February 10, 2025, Fire Inspector Kyle Mack 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 $110.92 as Exhibit # 3 and a PowerPoint presentation as Exhibit #4. Subject property also remains in violation of NFPA 1 – 1.7.12 – Permit shall be required and NFPA 1-10.18.5.1 – Combustible storage in equipment rooms.

The respondent was provided notice of this hearing and did not appear at the hearing.

Based upon the findings, the respondent shall correct the cited violations by 12:00pm (noon) on March 10, 2025. Respondent shall notify the Fire Inspector when compliance is achieved so the inspector can complete a re-inspection. 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 $250.00 per day for violation of City Code NFPA 1 – 1.7.12 – Permit shall be required; and $50.00 per day for violation of City code NFPA 1-10.18.5.1 – Combustible storage in equipment rooms, commencing March 11, 2025, and continuing daily until the 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 $110.92, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.

25-20

MBABJB HOLDINGS FAMILY LP

2825 GARDEN ST, UNIT 2, TITUSVILLE, FL 32796

TAX PARCEL ID# 22-35-05-00-1

FIRE INSPECTOR: KYLE MACK

NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 11-31 – Business tax Receipt Required

2. Section 9-12 – Occupancy Inspection Fee

On April 12, 2024, the subject property was given a Notice of Violation for the sections listed above. The subject property was given the date of April 26, 2024, to correct the violations.

On February 10, 2025, Fire Inspector Kyle Mack 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.

The respondent was provided notice of this hearing and did not appear at the hearing.

Based upon the findings, the respondent shall correct the cited violations on the subject property by renewing its Business Tax Receipt and paying the inspection fee by 12:00pm (noon) on March 10, 2025. Respondent shall notify the Fire Inspector when compliance is achieved so the inspector can complete a re-inspection. If compliance with all violations is not achieved by the date given, 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 on March 11, 2025, and continuing daily until the 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 $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 – None
 

VI. ADJOURNMENT – 3:06PM