- Code Enforcement Special Magistrate Meeting
- July 14, 2025 Special Magistrate Minutes
July 14, 2025 Special Magistrate Minutes
MEETING MINUTES
Monday, July 14, 2025, 2:00 PM
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 Nguyen, Special Magistrate
Glenn Tolleson, Code Enforcement Manager
Jim Flannigan, Code Enforcement Officer
Mae Wright, Code Enforcement Officer
II. SWEARING IN OF WITNESSES
III. APPROVAL OF JUNE 9, 2025, HEARING MINUTES – Approved by Special Magistrate Nguyen.
IV. HEARINGS
MUNICIPAL TRESPASS WARNING APPEAL
None
LIEN REDUCTION HEARINGS
24-93
DWB Developers Inc.
Tax ID # 2218100
Parcel ID # 22-35-28-01-28-20
Code Enforcement Officer: Mae Wright
1. Section 6-109; Sub Section 302.4; Overgrowth
On December 9, 2024, Special Magistrate Nguyen ordered a fine to be imposed in the amount of $100.00 per day related to violation of City Code Sec. 6-109; 2018 IPMC Section 302.4, Overgrowth commencing on October 12, 2024, and continuing daily until the violations are corrected. In addition to the fine imposed herein, the Respondent shall pay the City’s costs of prosecution in the amount of $163.75 (if said costs have not been previously paid).
Property came into compliance on March 25, 2025, and daily fines were stopped. Total fines amounting to $16,400.00.
On May 19, 2025, Code Enforcement received a lien reduction application from DWB c/o Carl Del Prete requesting a reduction of $16,000.00.
During the hearing on July 14, 2025, Code Officer Mae Wright was present and testified on behalf of the city. Respondent, Carl Del Prete for DWB Developers Inc was present as well and provided testimony. Code Officer Wright entered a PowerPoint presentation as Exhibit #1.
Special Magistrate Nguyen issued a recommendation to reduce the fine to $3,000 plus the City’s costs of prosecution in the amount of $198.97. Recommendations will be sent to the City Council for consideration.
MASSEY HEARINGS
25-27
Philip A. D’ Andreamatteo Jr.
1435 Brook Drive, Titusville, FL 32780
Parcel ID# 22-35-08-01-3-13
Code Enforcement Officer: Jim Flannigan
1. SEC. 6-109; 2018 IPMC SEC 304.7 Roof and Drainage
On March 10, 2025, this property held its initial hearing. Based on evidence and testimony provided by Code Officer Jim Flannigan, the Special Magistrate ordered the respondent to comply by 12:00pm (noon) on April 11, 2025. If the respondent failed to meet the date given, the Special Magistrate may impose a fine of $100.00 per day commencing April 12, 2025, and a lien may also be imposed.
During the Massey hearing on April 14, 2025, Code Officer Flannigan testified that the property remains in violation as of the date of this hearing. The respondent was provided notice of this hearing and was present. The Special Magistrate granted the respondent an additional sixty (60) days from the date of the hearing to correct violation. If compliance is not achieved by June 13, 2025, a fine is imposed in the amount of $100.00 per day, retroactive April 12, 2025, and continuing daily until the violation is corrected to the written satisfaction of the Code Officer.
On July 14, 2025, Code Officer Flannigan testified that the property remains in violation. Based on the evidence provided, the Special Magistrate imposed a fine of $100.00 per day for Sec. 6-109; 2018 IPMC Sec 304.7 Roof and Drainage, commencing April 12, 2025. In addition to the fine imposed, the Respondent shall pay the city’s cost of prosecution in the amount of $251.80. The city’s costs were paid on June 6, 2025.
25-33
Robert C Kirk
Krystal Kirk cook
925 Cleveland Street, Titusville, FL 32780
Parcel ID # 22-35-22-52-20-6
Code Enforcement Officer: Mae Wright
1. Section 6-109; 2018 IPMC Sec 404.4.4 – Prohibited Occupancy Non-Habitable Space
2. Section 12-23 – Junk and Debris
3. Section 13-73 - Inoperative Vehicles Prohibited
4. Section 6-109; 2018 IPMC Section 304.13 – Windows, Skylights, Door Frames
On April 14, 2025, this property held its initial hearing. Code Enforcement 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 $216.58 as Exhibit #3 and a PowerPoint presentation as Exhibit #4.
After the Code Officer’s and the respondent’s testimony, Special Magistrate Nguyen ordered that the respondent shall remove all the items being stored outside the house and in the backyard and cease utilizing the porch and living room for sleeping purposes by 12:00pm (noon) on June 6, 2025. The Respondent shall further repair or replace the windows to function correctly and obtain any necessary permits by 12:00pm (noon) on July 11, 2025.
If compliance with all violations is not achieved by the above deadlines, a subsequent compliance/Massey hearing will be held. The Magistrate may impose a fine in the amount of $100.00 per day, per violation beginning June 7, 2025, for any violations not corrected by the June 6,2025 deadline, and July 12, 2025, for the violation not corrected by the July 11, 2025, deadline. Fines shall continue to accrue daily until the violations are corrected. A lien may also be imposed.
During the Massey hearing on June 9, 2025, Code Officer Wright testified the property complied with Section 6-109; 2018 IPMC Sec 404.4.4 – Prohibited Occupancy Non-Habitable Space during her reinspection on Jun 6, 2025. Code Officer Wright also testified that the property remains in violation of Sec. 12-23 – Junk and Debris.
Based on the testimony and evidence presented, a fine was imposed of $100.00 per violation per day, commencing June 7, 2025, and continuing daily until the violations are corrected.
On July 14, 2025, this case had its second Massey hearing for code Section 6-109; 2018 IPMC Section 304.13 – Windows, Skylights, Door Frames which Code Officer Mae Wright testified the property remains in violation. Respondent Robert C Kirk was also present and provided his testimony.
Based on testimonies and evidence presented, Special Magistrate Nguyen imposed a fine in the amount of $100.00 per day, commencing July 12, 2025, and continuing daily until the violations are corrected. In addition to the fine imposed, Respondent shall pay the city’s costs of prosecution in the amount of $216.58 (if said costs have not been paid to the City of Titusville).
MASSEY HEARINGS
25-68
Evelyn Louise Ratliff
160 Park Lane, Titusville, FL 32780
Parcel ID # 22-35-10-50-A-5
Code Enforcement Officer: Jim Flannigan
1. Section 12-23 – Junk and Debris
On July 14, 2025, Code Officer Wright entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a cost recovery statement in the amount of $216.58 as Exhibit #2, a Notice of Violation and Affidavit of posting as Exhibit #3 and a PowerPoint 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 have violation corrected by 12:00 p.m. (noon) on August 8, 2025. If compliance with violation 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 $100.00 per day commencing August 9, 2025, and continuing daily until the violation is corrected.
In addition to the fine imposed, Respondent shall pay the city’s costs of prosecution in the amount of $216.58, payable to the “City of Titusville” and delivered to the office of the City Attorney, 555 South Washington Avenue, Titusville, Florida.
25-70
BAF Assets 6 LLC
2765 Liberty Avenue, Titusville, FL 32780
Parcel ID # 22-35-15-28-*-221
Code Enforcement Officer: Jim Flannigan
1. Section 20-58 – A Miscellaneous Parking Regulation
On July 14, 2025, Code Officer Flannigan entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a cost recovery statement in the amount of $216.58 as Exhibit #2, a Notice of Violation and Affidavit of posting as Exhibit #3 and a PowerPoint as Exhibit #4.
The respondent was provided with a notice of hearing but was not present at the hearing.
Code Officer Flannigan testified that as the date of the hearing, the property is now in compliance. Based on the evidence, the Magistrate ordered the respondent to continue to keep the property in compliance by refraining from parking vehicles in the front yard. Further and future violations of the same sections shall be classified as a repeat violation.
Notwithstanding compliance, the respondent shall pay the city’s cost of prosecution in the amount of $216.58, payable to the “City of Titusville” and delivered to the office of the City Attorney, 555 South Washington Avenue, Titusville, Florida.
25-71
George Raymond Donall, Sr. Trust
8251 Windover Way, Titusville, FL 32780
Parcel ID # 22-35-30-AV-*-61
Code Enforcement Officer: Mae Wright
1. SEC. 6-109; 2018 IPMC SEC. 302.7 – Accessory Structures
2. SEC. 6-109; 2018 IPMC SEC. 304.1 – General Exterior Maintenance
3. SEC. 6-109; 2018 IPMC SEC. 301.3 – Vacant Structure and Land
4. SEC. 6-109; 2018 IPMC SEC. 305.1 – General Interior Maintenance
On July 14, 2025, Code Officer Wright entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a cost recovery statement in the amount of $128.53 as Exhibit #2, a Notice of Violation and Affidavit of posting as Exhibit #3 and a PowerPoint as Exhibit #4.
The respondent’s attorney-in-fact, Julie Donall, appeared at the hearing.
Based on the evidence, the Magistrate ordered the respondent to correct the cited violations by securing the structures from unauthorized entry and by applying for the demolition of the structures by 12:00 p.m. (noon) on September 5, 2025. Respondent shall further complete the application process and obtain the permit for the demolition of the structure by October 10, 2025.
If compliance with securing the existing structures is not achieved by September 5, 2025, 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 September 6, 2025, and continuing daily until violations are corrected. A lien may also be imposed.
If compliance with obtaining an issued permit for the demolition is not achieved by October 10, 2025, 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 October 11, 2025, and continuing daily until violations are corrected. A lien may also be imposed.
In addition to the fine imposed, Respondent shall pay the city’s costs of prosecution in the amount of $128.53, payable to the “City of Titusville” and delivered to the office of the City Attorney, 555 South Washington Avenue, Titusville, Florida.
25-120
Sarah & Khadijah Investments LLC
5480 Wendy Lee Drive, Titusville, FL 32780
Parcel ID # 22-35-34-00-260
Code Enforcement Officer: Mae Wright
1. Section 30-39: Tree removal, permit required.
2. Section 30-83: Prohibition: Clearing, Storage of Materials and Equipment
On July 14, 2025, Code Officer Wright entered a Notice of Hearing and Affidavit of posting as Exhibit #1, a cost recovery statement in the amount of $163.75 as Exhibit #2, a Notice of Violation and Affidavit of posting as Exhibit #3 and a PowerPoint as Exhibit #4.
The respondent was provided notice of the hearing but did not appear.
Based on the evidence and the irreversible and/or irreparable nature of violation, the Magistrate imposed a fine in the amount of $5,000.00 per violation, for a total of $10,000.00.
In addition to the fine imposed, Respondent shall pay the city’s costs of prosecution in the amount of $163.75, payable to the “City of Titusville” and delivered to the office of the City Attorney, 555 South Washington Avenue, Titusville, Florida.
V. CODE ENFORCEMENT MANAGER’S REPORT- None.
VI. ADJOURNMENT – 3:49 p.m.