June 12, 2023 Special Magistrate Hearing Agenda

CITY OF TITUSVILLE

CODE ENFORCEMENT SPECIAL MAGISTRATE HEARING AGENDA

JUNE 12, 2023

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


  1. SWEARING IN OF WITNESSES 


  1. HEARINGS
     
     

TREPASS APPEAL HEARING
 
 2023-00031233                                                          
THOMAS BASS
 
 MASSEY HEARING
 23-18
TPK INVESTMENTS LLC 
 2671 SUSSANNA LANE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-20-05-*-3
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 30-83 – Prohibition: Clearing, Storage of Materials and Equipment
 2. Section 34-10 – Site Permit Required – Site Development

At the April 10, 2023 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 $163.75 as Exhibit # 3. Code Officer Wright entered a powerpoint presentation as Exhibit #4.

Darlene Tindale was present and provided testimony.
 
 At the April 10, 2023 hearing Special Magistrate Nutcher ordered that the Respondent correct the violation of Section 30-83 – Prohibition: Clearing, Storage of Materials and Equipment, and Section 34-10 – permit required – site development, by 12:00 pm (noon) June 9, 2023 or a fine will be imposed in the amount of $100.00 per day will be imposed June 10, 2023. The City’s costs of prosecution are imposed in the amount of $163.75.


MASSEY HEARING
 23-26
DOROTHY JEAN WEST
 1035 LUNDY DR, TITUSVILLE, FL 32796
 TAX PARCEL ID # 21-35-32-32-*-10
 CODE ENFORCEMENT OFFICER: FRANK LEWIS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
 2. Section 13-73 – Inoperative Vehicles Prohibited

At the May 8, 2023 Special Magistrate hearing Frank Lewis, Code Officer, was present and testified on behalf of the City. Code Officer Lewis entered a Notice of Violation and Affidavit of Posting as Exhibit #1. Code Officer Lewis entered a Notice of Hearing and Complaint and Affidavit of posting as Exhibit #2. Code Officer Lewis submitted a Cost Recovery Statement in the amount of $163.75 as Exhibit # 3. Code Officer Lewis entered a powerpoint presentation as Exhibit #4.
 
 Dorothy West, Respondent, and Blake Johnson, son of Respondent, were present at the hearing and provided testimony.
 
 At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 13-73 – Inoperative Vehicle; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $150.00 per day, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $163.75 

MASSEY HEARING
 23-27
TREVIS WILLIAMS
 COREY HARKNESS
 1620 CRAIG AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-09-05-*-67
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
 2. Section 6-56 (A) – Building Permit Required

At the May 8, 2023 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.
 
 Respondents were not present at the hearing.
 
 At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 6-56 (A) Building Permit Required; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $181.36. 
 

MASSEY HEARING 
 23-28
APM PROPERTIES INC
 TAX ID 2201571 (PREVIOUSLY ADRESSED 1200 SOUTH STREET), TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-04-01-58-1
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN 
 NOTICE OF HEARING: CERTIFED AND POSTED

  1. Section 12-23 – Junk and Debris
     2. Section 12-26 – Camping
     
     

At the May 8, 2023 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.
 
 Jimmy Torres was present and provided testimony on behalf of APM Properties Inc. 
 
 
 At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 12-26 - Camping; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are reserved in the amount of $269.41.

MASSEY HEARING
 23-29
SHIRLEY M MURRAY
 JACOB J MURRAY
 920 KENILWORTH COURT, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-10-31-2-6
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN 
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
 2. Section 6-109; 2018 IPMC Section 302.7; Accessory Structures – Fence

At the May 8, 2023 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.
 
 There was no Respondent present.
 
 At the May 8, 2023 Special Magistrate Nutcher ordered that the respondent correct the violation of 1) Section 12-23 – Junk and Debris, 2) Section 6-109; 2018 IPMC Section 302.7; Accessory Structures – Fence; by 12:00 pm (noon) on June 9, 2023. If the violations are not in compliance by June 9, 2023 at 12:00 pm (noon) a fine in the amount of $50.00 per day, per violation, commencing June 10, 2023, and continuing daily until the violations are corrected, and a lien may be imposed. The City’s costs of prosecution are imposed in the amount of $181.36.

 

 

 

INITIAL HEARING
 23-33
R W KIRK FAMILY LIMITED PARTNERSHIP
 4710 S WASHINGTON AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-26-BF-*-8
 CODE ENFORCEMENT OFFICER: MAE WRIGHT
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 IPMC SEC. 304.6 Exterior Walls
 2. Section 6-109; 2018 IPMC SEC. 304.7 Roof and Drainage 
 
 INITIAL HEARING
 23-34
 EMMA PORTLOCK
 1121 SECOND AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-03-54-11-13
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23 – Junk and Debris
 2. Section 13-73 – Inoperative Vehicles Prohibited 

INITIAL HEARING
 23-35
SPACE COAST RENTAL LLC
 4230 MOUNT VERNON, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-22-03-7-11
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-56 (A) – Building Permit Required
 2.Section 6-109; 2018 IPMC SEC. 302.3 – Sidewalks and Driveways

INITIAL HEARING
 23-36
PATRICIA HEART
 1535 VIOLET AVENUE, TITUSVILLE, FL 32780
 TAX PARCEL ID # 21-35-33-75-C-18
 CODE ENFORCEMENT OFFICER: JIM FLANNIGAN
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 6-109; 2018 IPMC SEC 404.4.4 – Prohibited Occupancy Non-Habitable Space
 


 

INITIAL HEARING
 23-37
WILLIAM J GRIFFIN
 2327 ARMOUR COURT, TITUSVILLE, FL 32780
 TAX PARCEL ID # 22-35-17-IC-3-23
 CODE ENFORCEMENT OFFICER: KEN HUTCHINGS
 NOTICE OF HEARING: CERTIFED AND POSTED

1. Section 12-23; Junk and Debris
 2. Section 13-73; Inoperative Vehicles Prohibited
 

 

IV.CODE ENFORCEMENT MANAGER’S REPORT
 

V. ADJOURNMENT