October 10 2022 Special Magistrate Hearing Minutes

CITY HALL
 555 S WASHINGTON AVE 
 TITUSVILLE, FL 32796

 

 

 

 

MEETING MINUTES 

Monday October 10, 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
 Mae Wright. Code Enforcement Officer
 
 

HEARINGS

MASSEY HEARING

22-30
 JOHN & JEAN E BARRETT REVOCABLE TRUST
 1307 PALMETTO STREET, TITUSVILLE, FL 32796
 TAX PARCEL ID # 22-35-04-01-59-2
 CODE ENFORCEMENT OFFICER: Jim Flannigan 
 NOTICE OF HEARING: CERTIFIED AND POSTED
 
 1. Section 6-109; 2018 IPMC SEC. 605.2 – Electrical Equipment Receptacles
 2. Section 6-109; 2018 IPMC SEC. 605.4 - Electrical Equipment Wiring
 3. Section 6-109; 2018 IPMC SEC. 304.13.2 – Openable Windows
 4. Section 6-109; 2018 IPMC SEC. 304.14 – Insect Screens
 5. Section. 6-109; 2018 IPMC SEC. 302.3 – Sidewalks and Driveways
 6. Section 6-109; 2018 IPMC SEC. 502.1 – Required Facilities
 7. Section 6-109; 2018 IPMC SEC. 304.13 – Windows/Skylights/Door Frames
 
 At the June 13, 2022 hearing 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 $192.44 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 John Barrett, Respondent, was present and provided testimony. Mr. Barrett submitted three affidavits as composite Exhibit #4. 
 
 Anthony Viscuglia, tenant, was present and provided testimony.

Special Magistrate Nutcher ordered that the respondent correct the violations on or before August 5th, 2022 or a fine of $100.00 per day per violation will be imposed. The fines shall commence on August 6th, 2022 if the violations are not corrected. Special Magistrate Nutcher reserved costs in the amount of $192.44.

At the September 12, 2022 hearing Special Magistrate Nutcher continued Case 22-30 until the October hearing. 

At the October 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 Hearing and Affidavit of Posting as Exhibit #1. 
 
 Steve Barrett, son of John Barrett was present and provided testimony.


 Special Magistrate Nutcher ordered that the subject property remained in violation of Sec. 6-109, IPMC: 1) Sec 605.2 – electrical equipment receptacles (missing covers); 2) Sec. 304.13. – operational windows (several windows board up, not operational); 3) Sec. 304.14 – insect screens (windows had not insect screens); 4) Sec. 302.3 – walkways (walkway/sidewalk is a trip hazard); 5) Sec. 304.13 – windows, skylights, door frames (door frame not property installed); 6) Sec. 502.1 – required facilities kitchen sink (no kitchen sink available), and a fine in the amount of $50 per day for each violation that remains in violation is imposed commencing August 6, 2022, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer.

MASSEY HEARING
 22-33
 NATIONAL RETAIL PROPERTIES LP 
 1400 HARRISON STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-16-00-52.1
 CODE ENFORCEMENT OFFICER: Kyle Mack
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 1. NFPA 1-18:2: Fire Department Access – Knox Box
 
 At the September 12, 2022 hearing 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 $128.53 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.
 
 No representative for National Retail Properties LP was present. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before October 10th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on October 11th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $128.53.
 
 At the October 10, 2022 Special Magistrate hearing Kyle Mack, Fire Inspector, was present and testified on behalf of the city. Fire Inspector Mack entered a Notice of Hearing and Affidavit of Posting as Exhibit #1.
 
 No representative for National Retail Properties LP was present. 

Special Magistrate Nutcher ordered that the subject property remained in violation of NFPA 1-18:2: Fire Department Access – Knox Box, and a fine in the amount of $50.00 per day is imposed commencing October 11, 2022, and continuing daily until the violations are corrected to the written satisfaction of the Code Enforcement Officer. In addition to the fine imposed herein, Respondents shall pay the City’s costs of prosecution in the amount of $128.53. 

MASSEY HEARING
 22-36
 GEORGE STEPHEN KOSAR JR
 2508 CHESTERFIELD CT, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-80-4-12
 CODE ENFORCEMENT OFFICER: Mae Wright
 NOTICE OF HEARING: CERTIFED AND POSTED
 
 1. Section 13-28; Overgrowth
 2. Section 6-109; 2018 IPMC SEC. 304.7 – Roofs and Drainage
 
 
 At the September 12, 2022 hearing 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 $198.97 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 George Stephen Kosar Jr was not present. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before October 7th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on October 10th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $198.97

At the October 10, 2022 Special Magistrate hearing Mae Wright, Code Enforcement Officer was present and testified on behalf of the city. Code Officer Wright entered a Notice of Hearing and Affidavit of Posting as Exhibit #1.
 
 George Stephen Kosar Jr was not present at the hearing.
 
 Special Magistrate Nutcher ordered that the subject property remained in violation of 1) Section 13-28 – overgrowth; and 2) Section 6-109, IPMC Sec. 304.7 – Exterior Maint. Roof, Gutters as of the date of this hearing, and a fine shall be imposed in the amount of $50.00 per day for each violation, commencing October 8, 2022, and continuing until the violations are corrected to the written satisfaction of the Code Enforcement Officer. Respondents shall pay the City’s costs of prosecution in the amount of $198.97.
 
INITIAL HEARING
 22-37
 MICHAEL PAYNE
 5848 CHESHIRE DR, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-34-30-*-44
 CODE ENFORCEMENT OFFICER: Mae Wright
 NOTICE OF HEARING: CERTIFED AND POSTED
 
1. Section 30-305 A – Landscaping maintenance

At the October 10, 2022 hearing 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 $181.36 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 Michael Payne was present and provided testimony. 
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before December 5th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on December 6th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $181.36

INITIAL HEARING
 22-39
 CLYDE BOTNER INC
 505 SHORT STREET, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-54-8-2
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1.Section 20-58 D – Use of Trailer or Mobile Home as a dwelling/living unit prohibited
 2. Section 6-109; 2018 IPMC Section 304.1 – Exterior maintenance

At the October 10, 2022 hearing 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 $163.75 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 No representative for Clyde Botner Inc was present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $163.75.

INITIAL HEARING
 22-41
 ASP-READYCHEM LLC
 2230 ANNA DRIVE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 21-35-33-25-*-8
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris

At the October 10, 2022 hearing 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 $181.36 as Exhibit # 3. Code Officer Flannigan entered a powerpoint presentation as Exhibit #4.
 
 No representative for Clyde Botner Inc was present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11th, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $181.36.

INITIAL HEARING
 22-42
 ACN COMPANY 
 2459 CHENEY HWY UNIT 16, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-29-AV-*-1
 CODE ENFORCEMENT OFFICER: KYLE MACK
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 9-4 Implied Consent – Fire Inspection required Quickest Routes

At the October 10, 2022 hearing 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 $128.53 as Exhibit # 3. Fire Inspector Mack entered a powerpoint presentation as Exhibit #4.
 
 No representative for ACN Company or Quickest Routes present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11th, 2022 or a one-time fine of $50.00 will be imposed. The fine shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $128.53.

INITIAL HEARING
 22-49
 AMW BREVARD PARTNERSHIP 
 605 CHENEY HWY, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-27-AV-*-9.01
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 305.1 –Interior Maintenance
 2. Section 6-109; Sub Section 304.7 – Roof 
 3. Section 6-109; Sub Section 304.1 – Exterior Maintenance

At the October 10, 2022 hearing 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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 No representative from AMW Brevard Partnership was not present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $234.19.

INITIAL HEARING
 22-50
 AMW BREVARD PARTNERSHIP 
 621 CHENEY HWY, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-27-AV-*-9.01
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; Sub Section 305.1 –Interior Maintenance
 2. Section 6-109; Sub Section 304.7 – Roof 
 3. Section 6-109; Sub Section 304.1 – Exterior Maintenance

At the October 10, 2022 hearing 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 $234.19 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.
 
 No representative from AMW Brevard Partnership was not present.
 
 Special Magistrate Nutcher ordered that the respondent correct the violations on or before November 11, 2022 or a fine of $50.00 per day per violation will be imposed. The fines shall commence on November 12th, 2022 if the violations are not corrected. Special Magistrate Nutcher assessed costs in the amount of $234.19.

 

CODE ENFORCEMENT MANAGER’S REPORT
 No report
 I. ADJOURNMENT 3:38 PM