March 14 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday March 14, 2022
 2:00 PM

 

Council Chambers

 



 CODE ENFORCEMENT SPECIAL MAGISTRATE


 

 


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: 

Debra Nutcher, Special Magistrate
 Glenn Tolleson, Code Enforcement Manager
 Chelsea Farrell, Assistant City Attorney 

SWEARING IN OF WITNESSES

Jim Flannigan, Code Enforcement Officer
 

HEARINGS


 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

At the February 14, 2022 Special Magistrate hearing Ken Hutchings, Code Enforcement Officer, was present and testified on behalf of the City. Officer Hutchings entered a Notice of Hearing and Complaint and Affidavit of Posting as Exhibit #1. Officer Lewis entered a powerpoint presentation as Exhibit #2. 
 
 Danielle Burns, contractor, was present and testified. 
 
 Special Magistrate Debra Nutcher continued Case 22-06 until the March 14, 2022 hearing. 
 
At the March 14, 2022 hearing Code Manager Tolleson advised that the property was in compliance.


 COMPLIANCE
 21-46                          
 JAMES SPEIGNER 
 1412 ELM TERRACE, TITUSVILLE, FL 32780
 TAX PARCEL ID 21-35-09-BN-B-5
 CODE ENFORCEMENT OFFICER: Ken Hutchings
 NOTICE OF HEARING: CERTIFIED AND POSTED

1. Section 6-109 ;2018 IPMC, 304.1.1 – Unsafe Conditions
 2. Section 6-109; 2018 IPMC, SEC 303.1 – Swimming Pools
 
  At the December 13, 2021 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.


 Barry Walker, attorney for the property owner, was present and testified.
 
 Special Magistrate Debra Nutcher ordered that the respondent apply for  permits and have the pool in compliance on or before March 14, 2022. A subsequent hearing will be held on March 14, 2022. Special Magistrate Debra Nutcher reserved jurisdiction to impose City’s costs of prosecution in the amount of $104.39.
 
At the March 14, 2022 hearing Code Manager Tolleson advised that the property was in compliance. 
 
 COMPLIANCE
 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)
 
 At the February 14, 2022 Special Magistrate hearing Mae Wright, Code Officer, was present and testified on behalf of the City. Code Officer Wright entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Wright entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Wright submitted a Cost Recovery Statement in the amount of $157.22 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

No representative for the property located at 5495 Wendy Lee Drive was present.

 Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before March 11, 2022 or a fine of $25.00 per day per violation will be imposed. The fines shall commence on March 12, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $157.22.

At the March 14, 2022 hearing Code Manager Tolleson advised that the property was in compliance. 
 
 WITHDRAWAL 
 22-08   
 COSMOPROF
 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

At the February 14, 2022 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Fire Inspector Mack submitted a Cost Recovery Statement in the amount of $139.61 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.

No representative for Cosmoprof or the property located at 702 Cheney Highway was present.

 Special Magistrate Debra Nutcher ordered that the respondent pay $186.50 for the Fire Inspection Fee/Business Tax Receipt Fee and obtain the Business Tax Receipt on or before March 11, 2022. No fines will be imposed. if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $104.39.

At the March 14, 2022 hearing Code Manager Tolleson advised that the property was in compliance and requested that previously assessed fines in the amount of $139.61 be reserved. 
 

COMPLIANCE
 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

At the February 14, 2022 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the City. Fire Inspector Mack entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Fire Inspector Mack entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Fire Inspector Mack submitted a Cost Recovery Statement in the amount of $104.39 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.

No representative for the property located at 1555 Cheney Highway was present.

 Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before February 28, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on March 1, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $104.39.

 

At the March 14, 2022 hearing Code Manager Tolleson advised that the property was in compliance.

 

INITIAL HEARING
 22-11
 STRIKE FORCE II 
 3636 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-15-79-F.1
 CODE ENFORCEMENT OFFICER: Kyle Mack
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 
 1. NFPA 1-11.1.5: Temporary Wiring/Extension Cords

At the March 14, 2022 hearing Code Manager Tolleson advised that Case 22-11 was in compliance.

 

INITIAL HEARING
 22-14
 ERIC HAMPTON
CATHERINE JEFFERSON
 419 WAGER AVENUE, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-03-03-28-6
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 
 1. Section 13-26; Overgrowth
 2. Section 13-73; Inoperable Vehicle
 3. Section 6-109; 2018 IPMC SEC 302.7 Accessory Structures – Fence
 4. Section 6-109; 2018 IPMC SEC 304.7 Roofs and Drainage
 
 At the March 14, 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.
 

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before April 8, 2022 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on April 9, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $139.61

INITIAL HEARING
 22-15
 MARY SNELLING, TEDDY SMITH, RONDA WILSON, EDWIN WISE, GWENEVERE SMITH
 1155 SOUTH STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-04-75-*-3.05
 CODE ENFORCEMENT OFFICER: Jim Flannigan
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 1. Section 6-109; 2018 IPMC SEC 301.3 Vacant Structure and Land
 2. Section 6-109; 2018 IPMC SEC 304.6 Exterior Walls
 3. Section 6-109; 2018 IPMC SEC 304.13 Windows, Skylights, Door Frames
 4. Section 6-109; 2018 IPMC SEC 304.5 Foundation Walls
 5. Section 6-109; 2018 IPMC SEC 30437 Roof and Drainage
6. Section 6-109; 2018 IPMC SEC 108.2 Closing Vacant Structure
 
 At the March 14, 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 $210.05 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.

Special Magistrate Debra Nutcher ordered that the respondent correct the violations on or before April 8, 2022 or a fine of $50.00 per day, per violation will be imposed. The fines shall commence on April 9, 2022 if the violations are not corrected. Special Magistrate Nutcher imposed the City’s costs of prosecution in the amount of $210.05

 

  1. CODE ENFORCEMENT MANAGER’S REPORT
         No report
     
     
  2. ADJOURNMENT    2:26 PM