August 11, 2025 Special Magistrate Minutes

CODE ENFORCEMENT SPECIAL MAGISTRATE

 

Date: August 11, 2025   

Time: 2:00PM.

Location: Council Chambers, 555 S Washington Ave, Titusville, FL 32796


 

I. Present:


Special Magistrate: Don H. Nguyen

Code Enforcement Manager: Glenn Tolleson

Code Enforcement Officers: Mae Wright, Jim Flannigan and Frank Lewis
 

II. Call to Order


Time: 2:00PM.

Swearingin of witnesses: þ Yes    No


III. Approval of Prior Minutes


Date of prior minutes: July 14, 2025

Motion to approve: þ Approved    Not approved


 

IV.  Hearings
 

Initial Hearing

Case Number: 25-48

Respondent: POP Florida Properties LLC

Property Address: 3675 Cheney Hwy, Titusville, FL 32780

Violations Cited:

  1. Section 30-305 (A) – Continuing landscape maintenance required 


Exhibits:

Notice of Hearing Affidavit þ  

Notice of Violation Affidavit þ  

Cost Recovery Statement þ 

Presentation þ

Orders 

Respondent Attendance: þ Present    Absent

Findings: 

Based on evidence and testimony, property remains in violation of Sec 30-305 (A) Continuing landscape maintenance required.

Order / Decision: 

Special Magistrate ordered respondent to correct violation by installing new plants to meet requirements of approved site plans and complete repairs to the irrigation system. If compliance with violation is not achieved by date given, a subsequent compliance/Massey hearing will be held and a fine in the amount of $100.00 per day commencing September 6, 2025. Further and future violations of the same sections shall be classified as a repeat violation.

Compliance Deadline: September 5, 2025, at 12:00PM (noon).

Administrative Costs: $216.58    Reserved ☐      Assessed þ

 

Lien Reduction Hearing

Respondent: Skyy Investments LLC

Property Address: 195 Roosevelt Ave, Titusville, FL 32780

Parcel ID: 22-35-10-51-2-29

Original Fine Amount: $ 13,100.00

Administrative Costs: $ 216.58

Total Lien Amount: $ 13,316.58

Request: þ Reduction Payment Plan Other

Owner’s/Representative’s Statement:

Vern Daniels (Skyy Investments LLC) stated he was not aware of the lien on property from previous owner.

City’s Statement/Recommendation:

On July 6, 2024, Special Magistrate Jennifer Nix ordered that the fine is imposed in the amount of $100 per day commencing on July 6, 2024, and continuing daily until the violation is corrected to the written satisfaction of the code officer. In addition to the fine imposed, respondents shall pay the City’s cost in the amount of $216.58. 
  
On November 11, 2024, the property achieved compliance and was verified by Code Department personnel. The total daily fine accrued is $13,100, and the City’s cost of recovery of $216.58, for a total of $13,316.58.
  
On November 26, 2024, the Code Enforcement Department received an application for a lien reduction from the previous property owner, Mr. Matthew Meyers, who at the time was located at 195 Roosevelt Street. The application was presented in accordance with Titusville Code Section 31-71 for the Special Magistrate's consideration. 
 
At the January 13, 2025, meeting, Special Magistrate Don Nguyen heard the request for reduction, and the owner was not present at the hearing. After reviewing the request, Special Magistrate Nguyen recommended denial of the reduction in the fine of $13,100.
 
At the March 11, 2025, meeting, Regular City Council Meeting, staff presented the request for reduction and the owner who was present at that meeting. After reviewing the request and hearing the testimony of Mr. Meyers. The City Council recommended a reduction in the fine to $0 dollars and the city cost in the amount of $216.58 must be paid within 90 days or the fine would return to the original amount of $13,100.
 
On June 10, 2025 the Code Enforcement Department verified that the 90 days had expired and the City Cost of $216.58 had not been paid. Additionally, found that the property had been sold to a new owner, Skyy Investments LLC, on March 6, 2025, five days prior to the City Council meeting, where Mr. Meyers, who represented himself as the owner and provided testimony that he had purchased the property just before the code reduction hearing and wasn't notified of the hearing.
 
On June 18, 2025 the City Legal Department sent a demand for payment letter to the owner of record that the property was in default of the council approval for the reduction of lien.
 
On June 25, 2024, the Code Enforcement Department received an application for a lien reduction from the new property owner, Skyy Investments LLC/Vern Daniels, for the property located at 195 Roosevelt Street. The application is presented in accordance with Titusville Code Section 31-71 for the Special Magistrate's consideration.
 

Special Magistrate Order:
þ Reduction warranted.
 Reduction not warranted.
 Other: 

Reduced Amount Ordered: $1,000.00, plus administrative cost of $216.58

Due Date for Payment: 90 days after final decision from city council.

 

Lien Reduction Hearing

Respondent: Bianca S. Bland

Property Address: 508 Lucky St, Titusville, FL 32796

Parcel ID: 22-35-03-54-9-3

Original Fine Amount: $ 154,500.00

Administrative Costs: $ 4,651.01    

Total Lien Amount: $ 159,501.01

Request: þ Reduction Payment Plan Other

Owner’s/Representative’s Statement:

Property owner was not present at the hearing.

City’s Statement/Recommendation:

On May 13, 2019, Massey Hearing testimony was presented by the city showing the respondent had failed to correct violations of Sec. IPMC 108.1.5 Dangerous Structure, Sec. 12-23A Junk and Debris, and Sec. 13-26 overgrowth on or before May 8, 2019. Fines were imposed in the amount of $150.00 per day per violation starting on April 16, 2019, continuing daily until the violations are corrected. Administrative costs were also imposed at $81.94.
 
On July 23, 2019, at the Regular City Council meeting, item 9D authorized the demolition of the structure located at 508 Lucky Street. The structure was removed on February 25, 2020. At the City Council meeting, Resolution 10-2020 set forth a special assessment imposing a method of payment for the removal of the structure.
 
On June 2, 2025, the property achieved compliance and was verified by Code Officer Jim Flannigan. The total daily fine accrued is $154,500 and the City's cost of $4,651.01 for a total of $159,151.01. The applicant is requesting a reduction in the amount of $154,500.00.
 
On May 30, 2025, the Code Enforcement Department received an application for a lien reduction from Bianca Bland, owner. The application is presented in accordance with Titusville Code of Ordinances Section 31-71 for the Special Magistrates' consideration.

Special Magistrate Order:
Reduction warranted.
þ Reduction not warranted.
 Other: 

Reduced Amount Ordered: N/A

Total Amount Due: $154,500.00, plus the administrative cost of $4,651.01.

Due Date for Payment: 90 days after final decision from city council.

 

Lien Reduction Hearing

Respondent: Enterprises 4 U LLC/ Rodrigo Rubim da Silva

Property Address: 1229 First Ave, Titusville, FL 32780

Parcel ID: 22-35-03-54-12-8

Original Fine Amount: $ 1,109,100.00

Administrative Costs: $ 5,874.87

Total Lien Amount: $ 1,114,974.87

Request: þ Reduction Payment Plan Other

Owner’s/Representative’s Statement:

Rodrigo da Silva stated that he was not aware of the lien on subject property.

City’s Statement/Recommendation:

This case was originally heard on August 11, 2008.  The respondent, William & M Sanchez Residential Land Trust, did not attend the meeting.  The respondent was given until September 5, 2008, to correct the violations on the property:
 
 If compliance is not achieved, a fine in the amount of $100.00 per day per violation commences on September 5, 2007, and continues daily until the violation is corrected, and a lien is imposed. Administrative costs in the amount of $394.87 were also imposed.
  
 On September 8, 2008, Massey Hearing testimony was presented by the City showing the respondent had failed to correct violations of Sec.13-26 overgrowth, Sec. IMPC 301.3 Vacant Structures, Sec. IMPC 110.0 Demolition, on or before September 8, 2008. The respondent, William & M Sanchez Residential Land Trust, did not attend the meeting.  Fines were imposed in the amount of $100.00 per day per violation starting on September 8, 2008, continuing daily until the violations are corrected. Administrative costs were also imposed at $394.87.
 
 On April 8, 2019.  The respondent, Pertrade KFT, did not attend the meeting.  The respondent was given until May 8, 2019, to correct the violations on the property,
 
 On May 9, 2016, Massey Hearing testimony was presented by the City showing the respondent had failed to correct violations of Sec. IPMC 108.1.1 Unsafe Structure, and Sec. 13-26 overgrowth on or before May 8, 2019. The respondent, Pertrade KFT, did not attend the meeting.  Fines were imposed in the amount of $100.00 per day per violation starting on April 8, 2016, continuing daily until the violations are corrected. Administrative costs were also imposed at $392.30.
 
 On July 23, 2019, at the Regular City Council meeting, item 9C authorized the demolition of the structure located at 1229 First Avenue. The structure was removed and on February 25, 2020, at the City Council meeting, Resolution 9-2020 set forth a special assessment imposing a method of payment for the removal of the structure.
 
 On June 10, 2025, the property achieved compliance and was verified by Code Officer Jim Flannigan. The total daily fine accrued is $1,109,100.00 and the City's cost of $5,874.87 for a total of $1,114,974.87. The applicant is requesting a reduction in the amount of $1,109,100.00.
 
 On June 10, 2025, the Code Enforcement Department received an application for a lien reduction from Enterprises 4 U LLC/ Rodrigo Rubim da Silva, owner. The application is presented in accordance with Titusville Code of Ordinances Section 31-71 for the Special Magistrates' consideration.

Special Magistrate Order:
þ  Reduction warranted.
 Reduction not warranted.
 Other: 

Reduced Amount Ordered: $5,000.00

Total Amount Due: $5,000.00, plus the administrative costs of $5,874.87

Due Date for Payment: 90 days after final decision from city council.

 

 

Massey Hearing

Case Number: 25-68

Respondent: Evelyn Louise Ratliff

Property Address: 160 Park Ln, Titusville, FL

Parcel ID: 22-35-10-50-A-5

Violations Cited:

  1. Section 12-23 Junk and Debris
     
     

Exhibits:

Notice of Hearing Affidavit þ  

Notice of Violation Affidavit   

Cost Recovery Statement þ 

Presentation þ

Orders þ

 

Respondent Attendance:  Present   þ Absent

Findings: 

Based on evidence and testimony given by Code Officer Flannigan, the subject property remains in violation of Sec 12-23 Junk and Debris.

Order / Decision: 

Special Magistrate imposed a fine of $100.00 per day commencing August 9, 2025, and continuing daily until violation has been corrected. In addition to the imposed fine, the respondent shall pay the administrative cost of prosecution in the amount of $251.58. The fine and costs shall be made payable to the “City of Titusville” and delivered to the office of the City Attorney located at 555 South Washington Avenue, Titusville, FL 32796.

Administrative Costs: $251.58       Reserved ☐       Assessed þ

Daily Fine: $100.00 per day commencing August 9, 2025.

 

Initial Hearing

Case Number: 25-44

Respondent: Richard Manzo

Property Address: 2655 Alibird Dr, Titusville, FL 32780

Parcel ID: 22-35-17-80-*-6

Violations Cited:

  1. Section 28-365 Storing of shipping containers, Vehicles in Residential District
  2. Section 28-373 (b) Temporary storage units
     
     

Exhibits:

Notice of Hearing Affidavit þ  

Notice of Violation Affidavit þ  

Cost Recovery Statement þ 

Presentation þ

Orders 

 

Respondent Attendance: þ Present    Absent

Findings: 

Based on evidence reviewed, the subject property remains in violation of Section 28-365 Storing of shipping containers, Vehicles in Residential District and Section 28-373 (b) Temporary storage units.

Order / Decision: 

Special Magistrate ordered respondent to have violations correct by removing shipping container from property or getting a permit and/or variance for the shipping container. If violations are not corrected by given date, a subsequent compliance/Massey hearing be held, and a fine may be imposed of $50.00 per day per violation commencing October 14, 2025. In addition to the fine, the City’s costs of prosecution are imposed in the amount of $146.14, payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida 32796.

Compliance Deadline: October 10, 2025, at 12:00PM (noon)

Administrative Costs: $146.14  Reserved ☐       Assessed þ


Initial Hearing

Case Number: 25-36

Respondent: Eric Hampton and Catherine Jefferson

Property Address: 419 Wager Ave, Titusville, FL 32796

Violations Cited:
 

  1. Section 12-23 Junk and Debris
  2. Section 6-109 2018 IPMC Sec 302.7 Accessory Structure (Fence)
  3. Section 6-109 2018 IPMC Sec 304-7 Roof and Drainage

 

Exhibits:

Notice of Hearing Affidavit þ  

Notice of Violation Affidavit þ  

Cost Recovery Statement þ 

Presentation þ

Orders 

 

Respondent Attendance:  Present   þ Absent

Findings: 

Based on evidence and testimony provided, property remains in violations of Section 12-23 Junk and Debris, Section 6-109 2018 IPMC Sec 302.7 Accessory Structure (Fence), and Section 6-109 2018 IPMC Sec 304-7 Roof and Drainage.

Order / Decision: 

Special Magistrate ordered respondents to correct violations by removing all junk and debris from property, repair and/or remove damaged fencing, remove tarp from roof and make the proper roof repairs. If compliance with violation is not achieved by date given, a subsequent compliance/Massey hearing will be held and a fine in the amount of $100.00 per day per violation commencing September 6, 2025. Further and future violations of the same sections shall be classified as a repeat violation.

Compliance Deadline: September 5, 2025, at 12:00PM (noon).

Administrative Costs: $251.80   Reserved ☐       Assessed þ

 

Initial Hearing

Case Number: 25-37

Respondent: Jessica Cassell

Property Address: 3700 Miriam Dr, Titusville, FL 32796

Parcel ID: 22-35-06-76-*-19

Violations Cited:

  1. Sec. 12-23 – Junk and Debris
  2. Sec. 6-109; 2018 IPMC Subsection 302.4 – Overgrowth –Weeds
  3. Sec. 6-109; 2018 IPMC Sec. 303.2- Enclosures-Swimming Pools
  4. Sec. 6-109: 2018 IPMC Sec. 303.1 Swimming Pools
     
     

Exhibits:

Notice of Hearing Affidavit þ  

Notice of Violation Affidavit þ  

Cost Recovery Statement þ 

Presentation þ

Orders 

 

Respondent Attendance:  Present   þ Absent

Findings: 

Based on evidence and testimony provided by Code Officer Lewis, the subject property remains in violation of Sec. 12-23 – Junk and Debris, Sec. 6-109; 2018 IPMC Subsection 302.4 – Overgrowth –Weeds, Sec. 6-109; 2018 IPMC Sec. 303.2- Enclosures-Swimming Pools, and Sec. 6-109: 2018 IPMC Sec. 303.1 Swimming Pools. 

Order / Decision: 

Special Magistrate ordered the respondent to have violations correct by removing all junk and debris from property, mow and trim overgrowth, repair screen enclosure to prevent unauthorized access to the pool and turn pool water into sanitary conditions. If violations are not corrected by given date, a subsequent compliance/Massey hearing be held, and a fine may be imposed of $150.00 per day per violation commencing September 6, 2025. In addition to the fine, the City’s costs of prosecution are imposed in the amount of $128.53, made payable to the “City of Titusville” and delivered to the Office of the City Attorney at 555 S Washington Avenue, Titusville, Florida 32796. Further and future violations of the same sections shall be classified as a repeat violation.

Compliance Deadline: September 5, 2025, at 12:00PM (noon)

Administrative Costs: $128.53   Reserved ☐       Assessed þ

 

V. Code Enforcement Manager Report: None

VI. Adjournment: 3:39PM