- Code Enforcement Special Magistrate Meeting
- March 10 2025 Special Magistrate Minutes
March 10 2025 Special Magistrate Minutes
MEETING MINUTES
Monday, March 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:
Ryan Fong, 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 FEBRUARY 10, 2025, HEARING MINUTES- Approved by Special Magistrate Fong.
IV. HEARINGS
MUNICIPAL TRESPASS WARNING APPEAL
None
LIEN REDUCTION HEARINGS
None
MASSEY 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
On January 13, 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 $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.
On March 10, 2025, Code Officer Wright entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a Cost Recovery Statement in the amount of $181.36 as Exhibit #2, final orders from Special Magistrate Hearing on January 13, 2025, as Exhibit #3 and a PowerPoint presentation as Exhibit #4.
The respondent was provided with a notice of hearing but was not present at the hearing.
Code Officer Wright testified on behalf of the city and reported that the owner had hired Stratford Tree Service and would be following the recommendations from their Licensed Arborist. It was confirmed that the contractor was on site Tuesday February 25, 2025, and completed a reduction of the upper structure of the Maple.
The respondent requested that the administrative fees be waived as he completed work to the tree prior to the date given as March 7, 2025, deadline, in which the Special Magistrate approved. Based on the evidence and testimony provided, the Special Magistrate found that the Respondent came into compliance with Sec. 13-26; that no fines shall be imposed for that violation and the case is closed.
INITIAL HEARINGS
25-15
SIMOES PROPERTY GROUP LLC
1245 GRUMMAN PL, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-34-OF-*-1
FIRE INSPECTOR: KYLE MACK
1. Section 3-13 – Response to Alarms, Corrective Actions, Report Required F
On February 10, 2025, Fire Inspector Kyle Mack testified that this property was inspected and found to be in violation of city code TCO Section 3-13 – Response to Alarms, Corrective Actions, Report Required. Fire Inspector 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 with a notice of hearing but was not present at the hearing.
Based on the evidence provided, Special Magistrate Nguyen ordered respondent to correct violation by 12:00pm (noon) on March 10, 2025, and pay the fire false alarm fees in the amount of $1,740.00. If compliance with violation 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.
On March 10, 2025, this case was requested to be withdrawn by the City of Titusville in which it was granted by Special Magistrate Fong, the case is hereby closed.
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
1. Section 11-31 – Business tax Receipt Required
2. Section 9-12 – Occupancy Inspection Fee
On February 10, 2025, Fire Inspector Kyle Mack testified that this property was inspected and found to be in violation of city code 11-31 – Business tax Receipt Required, and Section 9-12 – Occupancy Inspection Fee. Fire Inspector 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 with a notice of hearing but was not present at the hearing.
Based on the evidence provided, Special Magistrate Nguyen ordered respondent to correct violation by 12:00pm (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 $50.00 per day, per violation commencing on March 11, 2025, and continuing daily until the violations are corrected. 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 $163.75, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.
On March 10, 2025, this case was requested to be withdrawn by the City of Titusville in which it was granted by Special Magistrate Fong, the case is hereby closed.
25-23
C CUBES STRIP LLC
5155 S WASHINGTON AVE, UNIT COMMON, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-26-BF-*-29
CODE ENFORCEMENT OFFICER: MAE WRIGHT
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 6-109; 2018 IPMC, Section 505.3- Water Supply
On March 10, 2025, Code Officer Wright entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a Cost Recovery Statement in the amount of $234.19 as Exhibit #2, a Notice of Violation and Affidavit of posting as Exhibit #3 and a PowerPoint presentation as Exhibit #4.
The respondent was provided with a notice of hearing and was present.
Based on the evidence provided, the Special Magistrate ordered respondent to correct the cited violations on the subject property by 12:00pm (noon) on May 9, 2025. Corrective action includes performing all repairs to the water supply system, repairing sidewalk and retention areas and obtaining all required permitting for the work.
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 on March 11, 2025, and continuing daily until the violations are corrected. on May 10, 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 $234.19, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida.
25-24
OSCAR C MONTGOMERY
MATTIE M MONTGOMERY
1138 CAROL AVE, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-04-AX-2-13
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 12-23; Junk and Debris
2. Section 20-58 E; Parking E
On March 10, 2025, this case was scheduled for an initial hearing. Based on evidence and testimony from Code Officer Flannigan, this property falls into compliance and does not remain in violation as of the hearing date. The case is hereby closed.
25-27
PHILIP A D’ANDREAMATTEO JR
1435 BROOK DRIVE, TITUSVILLE, FL 32780
TAX PARCEL ID# 22-35-08-01-3-13
CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
NOTICE OF HEARING: CERTIFIED AND POSTED
1. Section 13-26; Trash, Dead Trees, Overgrowth
2. Section 13-73; Inoperative Vehicles Prohibited
3. Section 6-109; 2018 IPMC Section 304.6; Exterior Walls
4. Section 6-109; 2018 IPMC Section 304.7; Roofs and Drainage
On March 10, 2025, Code Officer Flannigan entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a Cost Recovery Statement in the amount of $251.80 as Exhibit #2, a Notice of Violation and Affidavit of posting as Exhibit #3 and a PowerPoint presentation as Exhibit #4.
The respondent was provided with a notice of hearing but was not present at the hearing.
Based on the evidence provided, violations Section 13-26; Trash, Dead Trees, Overgrowth, Section 13-73; Inoperative Vehicles Prohibited and Section 6-109; 2018 IPMC Section 304.6; Exterior Walls are within compliance. The Special Magistrate ordered the respondent to correct the remaining violation by 12:00pm (noon) on April 11, 2025. If compliance with violation 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 commencing on 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 $251.80, 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 – 2:37 PM