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The City of Titusville, Florida / Boards & Commissions / Municipal Code Enforcement Board

Monday, July 08, 2019

CITY HALL
555 S WASHINGTON AVE
TITUSVILLE, FL 32780

 

 
 
 
MEETING MINUTES
Monday, July 8, 2019
2:00 PM

 
Council Chambers
 


CODE ENFORCEMENT BOARD
 
 
 
 
 
 
 
CALL TO ORDER                                                                                                                
                The scheduled meeting of the Titusville Code Enforcement Board was called to order    at 2:00 pm in the Council Chambers, City Hall, 555 S Washington Avenue, Titusville, FL.
                Others Present:
                Glenn Tolleson, Code Enforcement Manager
                Chelsea Farrell, Assistant City Attorney

                Debra Nutcher, Code Enforcement Board Attorney


                                                Present 6 – Chairman Pat Bell, Gina Beckles, RL Grant, Ed Moniz, Larry Edwards, Ashley Edens
                                                Absent 1 – Norm Herman
 
PLEDGE OF ALLEGIANCE
DETERMINATION OF QUORUM
SWEARING IN OF WITNESSES
                                                                                                                                               
APPROVAL OF THE MINUTES OF MAY 13, 2019
 
                                MOTION BY ASHLEY EDENS, SECONDED BY RL GRANT, TO APPROVE MINUTES WITH                                                      FROM THE MEETING OF MAY 13, 2019. The motion CARRIED by the following vote:
                                Aye: 7 – Ashley Edens, RL Grant, Ed Moniz, Pat Bell, Gina Beckles, Norm Herman
                                Nay: 0                    
                                Absent :0

 
INITIAL HEARINGS
 
19-28 CEB                   JEFFREY D DANIEL
                                    PASCALE DANIEL
                                    1340 SANTA CRUZ AVENUE, TITUSVILLE, FL 32780
                                    TAX PARCEL ID # 22-35-16-05-2-9
                                    Code Enforcement Officer: Ashley Tuggle
                                    Notice of Hearing: Certified and Posted
                                    Motion for Reconsideration or Rehearing

                                   
Violation:
                                                1. Section 28-9; Short Term Rental of Single Family Dwellings
                                               

Assistant City Attorney Chelsea Farrell reviewed the facts and evidence provided at the June 10, 2019 Board Meeting.


Assistant City Attorney Farrell advised the Board that City Attorney Richard Broome and former City Attorney Dwight Severs were available to provide testimony regarding the purpose and intent of Ordinance 46-2007, as they were key staff members advising City Council at the time the ordinance was enacted. Assistant City Attorney Farrell requested that the Board make a Motion of Reconsideration and rescind the June 10th 2019 Order and establish a time certain for Rehearing of Case 19-28.
Jacob Stuart, legal representation for the Respondents, Jeffrey D Daniel and Pascale Daniel, advised the Board that they object the City’s request. Mr. Stuart advised the Board that he would like a new hearing date set in the event that the Motion of Reconsideration is granted.
Assistant City Attorney Farrell advised the Board that the City is requesting a Motion of Reconsideration, or in the alternative, a Motion of Rehearing.
Debra Nutcher, Board Attorney, further clarified the City’s request for the Board.
Richard Broome, City Attorney, advised the Board that the facts of Case 19-28, are not in dispute and provided a legal argument regarding the intent of Ordinance 46-2007.
Member Edwards and Member Grant alleged that they were not provided Ordinance 46-2007.
Assistant City Attorney Farrell requested that the Board Attorney or Board Secretary confirm that Ordinance 46-2007 was submitted to the Board as evidence.
Board Secretary advised the Board that Florida Today article, dated June 10, 2019 and Ordinance 46-2007 were submitted as composite Exhibit #5.
Mr. Stuart advised the Board that he felt a rehearing of Case 19-28 could undermine the fairness doctrine of due process. Mr. Stuart provided a legal argument and advised the Board that he does not believe there is ambiguity of language in Ordinance 28-9 – Short Term Rentals of Single-Family Dwellings.


Mr. Stuart advised the Board that he would like Member Moniz to abstain from voting on Case 19-28.

Chairperson Bell advised Mr. Stuart that Mr. Moniz will abstain from voting.

Mr. Moniz advised the Board that they have reconsidered cases in the past.

                                                MOTION BY NORM HERMAN TO RECONSIDER CASE 19-28.
                                                     MOTION SECONDED BY GINA BECKLES.                                                
                                                Aye: 3 –
Norm Herman, Pat Bell, Gina Beckles                                     
                                                      Nay: 3 – Ashley Edens, RL Grant, Larry Edwards 
                                                Absent : 0 –
                                                Abstained: 1 –
Ed Moniz
                                               
                               

 
 
BOARD ATTORNEY REPORT
No report
CITY ATTORNEY’S REPORT
No report

CODE ENFORCEMENT MANAGER’S REPORT
No report
          
CHAIRMAN’S REPORT
No report

BOARD MEMBER’S REPORT
 No report
 
ADJOURN 3:04 PM
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