February 14, 2022 Special Magistrate Meeting

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

FEBRUARY 14, 2022

2:00 PM – COUNCIL CHAMBER AT CITY HALL
 555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FL 32796
 

Special Magistrate Debra Babb-Nutcher

 

The city desires to accommodate persons with disabilities. Accordingly, any person who requires an accommodation, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the hearing, submit a written request to the City Clerk detailing the accommodation required.

 

Any person who decides to appeal any decision of the special magistrate, with respect to any matter considered at this hearing, will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Any person or defendant who requests to review or object to any exhibits presented to the special magistrate by the City of Titusville prior to submission to the special magistrate, must stand and state their requests to review the exhibits prior to review by the magistrate at the time their case or agenda item is called for hearing.

 

Any person found to be in violation of the City of Titusville Code of Ordinances and given a time frame in which to comply shall, upon compliance, be responsible for contacting the code enforcement supervisor for an inspection to verify said compliance. The violation will not be considered to be in compliance until the code enforcement supervisor is notified and verifies compliance.

 

1. CALL TO ORDER


2. SWEARING IN OF WITNESSES 


3. HEARINGS
 
 

 

 

 

 

 

 

 

 

 

 

MASSEY HEARING
 
21-22                          

JAMES SCANDRETT
 LOUISE SCANDRETT
 3920 BARCELONA STREET, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-31-51-5-22
  Code Enforcement Officer: Frank Lewis
   Notice of Hearing: Certified and Posted
                                            
 
1. Section 6-109; 2018, Property Maintenance; Sub Section 302.4, Weeds
 2. Section 6-109; 2018, Property Maintenance; Sub Section 304.1, General Exterior Maintenance
 3. Section 6-109; 2018, Property Maintenance; Sub Section 304.1.1 (8), Roofing or Roofing Components
 4. Section 12-23; Junk and Debris
 5. Section 13-73; Inoperable Vehicles 

At the September 13, 2021 Special Magistrate hearing Frank Lewis, Lead Code Enforcement Officer, was present and testified on behalf of the City. Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Lewis submitted a Cost Recovery Statement in the amount of $122.00 as Exhibit # 3. Officer Lewis entered a powerpoint presentation as Exhibit #4.
 
 James Scandrett, property owner, was present and testified.

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before December 9, 2021 or a fine of $25.00 per day, per violation will be imposed. The fines shall commence on December 10, 2021 if the violations are not corrected. Special Magistrate Nutcher reserved jurisdiction to impose the City’s costs of prosecution in the amount of $122.00.

 

 

 

 

 

 

MASSEY HEARING 
22-04                                                                                                 COMPLIANCE 2/7/2022
 NOBLE PROPERTIES LTD 
 708 CHENEY HIGHWAY, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-22-25-*-1.04
 CODE ENFORCEMENT OFFICER: Kyle Mack
  NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 101-8.5.6: Penetrations
 
 At the January 10, 2022 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Inspector Mack submitted a Cost Recovery Statement in the amount of $122.00 as Exhibit # 3. Inspector Mack entered a powerpoint presentation as Exhibit #4.

Attorney Maxwell Wihnyk was present and provide an update on behalf of the building tenant, Family Dollar. 
 
 Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before February 11, 2022 or a fine of $50.00 per day for the violation will be imposed. The fines shall commence on February 12., 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $12
2.00
 

MASSEY  HEARING
22-05    
 SUNWIDE PROPERTIES LLC 
 1303 PALMETTO STREET, TITUSVILLE, FL 32796
 TAX PARCEL ID 22-35-04-01-59-1
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED

 1.Section 6-109; 2018 IPMC 304.7 Roof and Flashing

 
 
At the January 10, 2022 Special Magistrate hearing Jim Flannigan, Code Officer, was present and testified on behalf of the City. Code Officer Flannigan entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Flannigan entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Flannigan submitted a Cost Recovery Statement in the amount of $139.61 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

Nicholas Critelli, owner of Sunwide Properties, was present and provided testimony.
   
 Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before February 11, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on February 12., 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $139.61.
 

 

MASSEY HEARING
22-06    
 VERMONT LLC 
 1545 KINGS COURT, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-09-10-*-15
 CODE ENFORCEMENT OFFICER: Ken Hutchings
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109; 2018 IPMC, 304.1 General Exterior Maintenance 
 2. Section 6-109; 2018 IPMC, 304.7 Roofs and Drainage
 
3. Section 6-109; 2018 IPMC, 604.3 Electrical Systems Hazards
 4. Section 6-109; 2018 IPMC, 304.13 Window, Skylights, Door Frames
 5. Section 6-109; 2018 IPMC, 403.2 Bathrooms and Toilet Rooms
 6. Section 6-109; 2018 IPMC, 303.1 Swimming Pools
 7. Section 6-109; 2018 IPMC, 305.1 General Interior Maintenance
 

 
At the January 10, 2022 Special Magistrate hearing Ken Hutchings, Code Enforcement Officer, was present and testified on behalf of the City. Officer Hutchings entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Officer Hutchings submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Officer Hutchings entered a powerpoint presentation as Exhibit #4.
 
 No representative for Vermont LLC was present.

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before February 11, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on February 12., 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $104.39


 

INITIAL HEARING
22-07   
 JORDAN MARSDEN
 5495 WENDY LEE DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-34-35-*-4
 CODE ENFORCEMENT OFFICER: Mae Wright
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-56; Permit Required
 2. Section 28-391; Residential Buildings and Structures (A)
 
 
 
INITIAL HEARING
22-08   
 NOBLE PROPERTIES LTD
 702 CHENEY HIGHWAY, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-22-25-*-1.04
 CODE ENFORCEMENT OFFICER: Kyle Mack
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 9-12; Fire Inspection Fee
 2. Section 11-31; Business Tax Receipt Required

INITIAL HEARING
22-10  
 DG/7 ELEVEN HOLDINGS LLC
 1555 CHENEY HIGHWAY, TITUSVILLE, FL 32780
 TAX PARCEL ID 22-35-28-01-1-1
 CODE ENFORCEMENT OFFICER: Kyle Mack
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. NFPA 101-7.10.5.2.1: Service/Repair of Exit Sign
 2. NFPA 1-18.2: Fire Department Access

 

 

  1. CODE ENFORCEMENT MANAGER’S REPORT
     
     
  2. ADJOURNMENT