e e 2 o'cl good afternoon welcome to the city of Titusville these are public hearings for COD enforcement violations these hearings are Quasi judicial I am the special magistrate appointed to hear the cases formal Rules of Evidence do not apply but fundamental due process shall be observed everyone who has a case today will have an opportunity to present testimony you may present evidence or witnesses to testify on your behalf there's no public comment portion you must be a respondent or a witness in order to speak on a specific case everything today is being recorded and all testimony will be under oath when you are sworn in I need you to provide your current mailing address so that any orders get to the right place the city will present its case first and information will be displayed on the screen documents may be provided by the city as evidence the city uh will have a PowerPoint presentation which will be entered into evidence unless objections are made after the evidence I will make a ruling that ruling will be reduced to writing and mail to you at this point we will swear in all Witnesses anyone who wishes to give testimony on their own case please raise your right hand any Code Enforcement Officers testifying please raise your right hand do you swear or affirm to tell the truth the whole truth and nothing but the truth thank you good afternoon ma'am how are you good thank you uh our our first three cases this afternoon are going to be U reduction requests and we'll go ahead and start with the first one 21-8 um that case was originally heard in 20121 it's changed hands and the current owner um Titus Holdings are here to provide um testimony in their case they're they're asking for a reduction lean in the amount of $74,000 um I I've sent forward the applications for your review and with that I will turn it over to Mr mahay or his representative to whomever okay does the city have any anything in terms of like pictures from the of the violation or uh no ma'am I did not it was put it was actually put in compliance December of 23 and is and they're all still currently in compliance as of today did they all come into compliance at the same time on December 11 20 uh for for that property yes for the current property of Chess or drive yes ma'am okay okay all right if the applicant wants to come up you could please state your name and and your business address yes uh my name is Heath Mohler and the business address is 310 Cheney Highway Titusville Florida 32780 okay and your relationship to the owners I am uh his uh real estate uh agent and assisting him with the property management for Titus Holdings okay all right what would you like to present um I just the main thing I wanted to mention was when we uh purchased the property uh we weren't aware of the uh code violations at all um we were made aware of the code violations approximately um 3 days before the closing in December 2023 at the time that we were made aware uh we immediately uh engaged uh not only the the city uh but also the um prior owner or the the contractual who we thought uh was the owner at the time and um long story short uh there were some issues uh with the title Etc um that we had uh once we figured that out um that we needed to uh start working with Al along with that were exacer exacerbated by the uh code uh leans that apparently had been accumulating for some time I mean it's a large amount so at that point we had a decision to make whether we're going to continue or not basically um and we had a substantial amounts of um money uh in escrow Etc uh so we the determination was made to go ahead and continue um so then we immediately uh as I mentioned engaged uh the uh owner or the contract the person we were under contract with at the time um and we brought the property into compliance um we did escrow uh an amount of money uh to have that H uh to to make that happen just for security for um the the current owner did you escrow money to pay fines we escrow some money to pay fines correct how much did you we escrowed uh I believe uh approximately 50% of the outstanding amount I don't have the exact figure with me unfortunately um and so the the request to reduce was you know basically uh a function of the new owner not having to you know bear the burden of the entire amount um just because obviously we had no clue um but we also were invested in the property so so to speak at the time so um so that's that's where the number came from and I just I mean I don't know the codes and all that in the new statutes obviously I know you guys do that every day your honor but um I know there's no I guess was it minimum or or maximum reduction now it's all negotiable or there was a time when there was there was a lean threshold program okay yeah so um we just we want to try to get obviously the most reduction that we can based on uh the circumstance or to at least actual costs um because at this point we still don't have an actual breakdown of what 70,000 equates to we've never been given that so um not that and not that or the actual costs um so that that's all that's all that I have at this point I mean we've brought the property into compliance and then some um right now so it's going to be a desirable property for the neighborhood um the property is completely cleaned out there's full-time maintenance um actually the code enforcement has been actually phenomenal to work with um as far as just engaging them it it's just it was sort of a unicorn um so to speak uh in terms of purchasing the property and then bring it into compliance uh like in in real time which has happened so so uh how did you get past the closing without paying the leans just escrowing the it it was an all cash sale so we just escrowed you know it was just at that point privately escrowed between the parties you know to come to an agreement it was sort of like hey if this is going to go through these are the assurances that we want and uh so then this piece that we're at right now was is is the last piece to figure out what essentially is going to is going to happen so and was there title work done before you entered into the contract [Music] no could you please repeat the dates of when you closed and when you found out the information about code enforcement I don't have the actual date of closing with me I believe it was in December 2023 but there was there was there was a time span that we did know about the code enforcement lead uh leans it's just between getting back to the code enforcement and between the owner current owner and the seller at that time I mean it wasn't long it I'm I'm approximating this it may have been a week or two something like that and then it it took you know some time to get into compliance um and then again this was going to be the separate piece um that needed to be handled so so it looks like you actually brought the property into compliance before the closing date correct well that's terrific but that didn't negate the fact that that just apparently stopped the daily fines as my understanding at at the time of which had been a crewing for some time um so but it it I mean it just just shows that we weren't you know that we were we were progressing to this to this point that we wanted to stop that so does the city have anything to add yes I would just like to ask Mr Mohler a couple questions um sure did you what could you repeat your business address it's 310 Cheney Highway Titusville Florida 32780 are you at all affiliated with approved Statewide title I am I'm a part of part ownership of that okay so do you know who Claire Matthews is yes she's a title agent she's the manager of the title company and you said that there was no title search done for this property there was a title search done but we didn't have the full title until right up until the closing a week before the closing approximately maybe a little bit before that as far as the code enforcement and everything else went and you knew you knew about the code enforcement daily fine and decided to proceed with the that's correct okay so yes ma'am the statements made that there was no knowledge doesn't make sense to me because the title search did produce a daily fine total sheet with a corresponding leans I have a copy of the email that my office which provides the responses to lean inquiries made to Mr Muller's office with I didn't see that respectfully I that may have been the case I I may not have seen it because I I was operating on the real estate side of things uh for the for the owner not the title company side so I I just personally didn't see it is what I was referring to you and I had a phone call before the closing yes ma'am yes we did and we talked about this we did okay correct that's correct do do you need to look at the email that the assistant City attorney no I'm I'm sure that it came through but I for I I don't recall it at the at the moment so okay um that's all I meant is and the the breakdown that was provided what what what did that include did that include a breakdown I know I got some documents I don't know if if he got yes ma'am I I can provide it to see is that this yes ma'am okay that's the one you gave me this yeah yes ma'am and that was the one that was afforded to the ti okay if you have an extra copy go ahead and give it to the gentleman so the the daily fine total this is um a cut enforcement work work sheet looks like it's dated 126 2023 I got this before today's hearing um this has a number of what I call nonreducible uh leans which are the lot clearing leans um which are one two three four five six seven of those those are not code enforcement leans that I can I don't have any authority over those leans and those are hard costs those are the city's hard costs which I would not reduce um so any kind of reduction of the code enforcement leans would have to be contingent upon the payment of those lot clearing fines assuming they have not been paid no ma'am they have not okay um the board administrative costs of $174 $174 83 I also am not capable of reducing that um because that's specifically in their code that any reduction shall not include the city's administrative costs my authority is over the four fines um that you see the second third fourth and fifth one and by my calculation that total 75,200 um I I certainly commend you on your Swift action in getting it into compliance um we don't usually see it happen that quickly um and I would like a little more information in the future from the city in terms of uh like pictures of what the violations look like and um um because some of the criteria I have to consider concerns the you know the gravity of the violation how bad it was um um also whether the the um applicant has had any previous or uh subsequent violations I I assume this applicant has not had any yes ma'am and I do apologize for that as far as the pictures however before these cases will come before the board I ensure that the applicant or any other properties or associations are clear of code violations and or fees okay that are owed to the city great great um so looking at the criteria the gravity of the violations it this was Weeds if I remember right weeds a dead tree General exterior maintenance which I don't specifically recall what the perhaps officer right could refresh my recollection somewhat and to show this gentleman too anything you have so I do have a copy of my Massie hearing presentation on my laptop would you like to see that I would if if if you could show this gentleman first and then show me so we had that was the picture of the property the overgrowth the dead trees from 2021 yes sir okay that that was the original case Okay um and those were um there was a fence in the backyard that was falling down the S was missing the rotted at the bottom was was that on the website at any time or just that that's your guys's report to them basically this is my presentation when this was it was active okay got it okay yes sir okay thank December yes okay would you say any of those violations were serious health safety welfare type violations no they were nuisance the property had been uh vacant for multiple years um so it was just more of a nuisance violation than public health life safety and before this party purchased the property had anyone been using the property living in the property that you were aware of no ma'am um I did get cont detected in uh December by the the previous owner I don't know if you want me to identify them or not I already looked up the ownership record um and he received a copy of your order from um after the Massie hearing the final order um I also met him out on property to walk through the remaining violations and um direct them exactly what we were looking for for compliance okay all right Mr Mullen if you don't mind coming back up what's what's the intent uh for the property is it are you intending to rent it out or yeah the owner uh who's also present here today is the intended use and it's they've already started is to make it a viable property again and to make it a rental the property's been completed uh as far is completely cleaned out and um is going to be uh started uh work on with all the any permits that are needed or whatnot like it would normally be and then ultimately the goal is to make it a a rental okay so to put it to productive use correct yeah to basically make sure that it's a viable property again for the city all right anything else from the city no ma'am assistant City attorney I I just want to reiterate that the city did provide information about the code enforcement leans to both the person standing before you as well as the prior owner and I had linky discussions with several individuals about the No Lack of the continuing of the amnesty program as well as the nature of the violations and what was needed to correct them and I corresponding with officer rights testimony the prior owner did also put in a lot of work to cleaning up some of the violations as far as I know so a lot of work was done prior to that closing and wasn't necessarily all done in a week's time okay understood all right my calculation okay um now all I can do is give a recommendation I I do a recommendation and then the city council hears this at their next available meeting I'm not sure how you guys have set that up yeah yes ma'am once I receed the the written orders then I will prepare a agenda items to the council okay thanks um so it's a two-step process to get a lean reduction um as I discussed I cannot do anything about the loot clearing leans and I cannot do anything about the the administrative fine of $17482 so my authority is over the $5,950 of accumulated fines in this case after taking in the testimony and the evidence um and looking at the um criteria in the code I find that in terms of the gravity of the violation the gravity of the violation does not warrant um any immediate concern in my mind that the the lingering nature of these violations were a health safety welfare um extreme issue um the actions taken by the applicant to correct the violations there was a a quick curing of the violations whether it was exactly by this applicant or in conjunction with the previous owner um it did appear that once you were aware of the violations they were cured quickly any scheduled maintenance plans to avoid future repeat violations I didn't I thought that you had said something about you have some kind of um full-time maintenance person correct yes okay they're actively working on the property as we speak so okay um the acrude amount of the fine compared to the current market value of the property I I saw on the property appraisers website that the market value of the property which we all know is not really fair market value was um 130,000 or something like that I'm I'm not sure uh the exact market value of the property but uh the 75,000 is is a pretty decent chunk of that uh property appraise value um any previous or subsequent code violations committed by the applicant none the applicants prior knowledge of the lean I do find that you had knowledge of the lean prior to uh the closing and you chose to move forward with the closing despite um knowledge of the leans uh any financial hardship I've not received any testimony that this Bears a financial hardship other than you know you want to make a good business deal so you don't want to pay an amount of money and then have a chunk of it taken by leans um whether the property has a homestead exemption I'm going to assume that's a no any other mitigating circumstances I don't really find that there's any other mitigating circumstances um that apply here so looking at the $75,900 from $75,900 and then that will uh I will put this in writing and it will be mailed to well it is typically going to be mailed to who's ever on the um the property of appraiser website as the as the owner do you want a copy mailed to you as well yes please thank you and then the city will be in touch in terms of when it will be on the council agenda okay thank you okay for me to go yes thank you honor let me finish my notes Here okay ready for the next case yes ma'am um actually the next two cases are also for reduction the same owner um Miss Tina Russo 945 poo Road and 940 Maguire drive and at this case came to us in May of 202 three Miss ruso had hired a contracting company to reof three of her homes and one of those homes she was allowed to get a permit for under the owner other two that the building department required a contractor um she was unable to to get a contractor to sign off on that uh she's worked on it U since then and has actually been able to get those permits issued and finaled and uh Miss ruso is asking for a reduction of $2,850 in each one of those cases which is a total f for each one all right and m r is here hello can you go ahead and state your name and your address yes it's Tina ruso and it's 865 Glenda Drive Titusville Florida 32780 okay what would you like to say about um well exactly what Mr Tolson kind of said is where I'm at um I did have three roofs uh installed in uh September of 2022 um I was of course uh under the the UN the understanding was that my license was or my contractor was licensed he put his name down on the receipts and it was all fraudulent anyway um Cod and forcement came and of course um seen him working on the roofs um and at that time I was not home I was caring for my father my sister was home but anyway really that's no here or there um I did find out by him that I needed to pull my permits um that he was not licensed um I that I could pull one for my home um and I I actually thought I could pull one for my rental too I was unaware of that um so I did one pull I did pull one for my home when I when I got back um then of course I found out I can't pull for my rentals so I it was a hard year for me it was you know it is would be for anyone but um I did try I could not find a a licensed roofer that would take on this job and and sign off responsibility had the previous one finished the roofs all three were finished yes ma'am um it was just before the hurricane um I had uh renters and all three of my roofs were leaking so it was one of those where I couldn't kind of stop at that point I wanted to just finish it and then figure I could figure this out on my own um I did last year uh contact of several Structural Engineers uh thinking that they would be able to to sign off on the the permit or to go and actually pull a permit um I did have one that was willing to um but the city official Steve Adams I think it is um denied that and said I would need a roofer an actual licensed roofer uh so I mean I I was out on the streets contacting every roofer that I could find um and no one would do it I finally this year in March found someone that would do it for me and uh he pulled them and they passed and I'm in compliance I'm asking for the red ction of I think you have it the 20 oh I have it right here sorry I think it's 25,700 um that might be with the the two combined it's the two combined I'm sorry Comin yes both combined um and of course I'm willing to pay all um hard cost administrative fees um but uh that's that's what I'm asking for that's kind of the situation okay so basically your your defense for lack of a better word is um not that you didn't know about the violations not that you didn't know about the leans it was just you had a hard time finding someone to help you bring the properties into compliance correct and you did a you made a diligent effort a diligent effort and I finally when I got this one um uh the only way that he would do it of course was signing off a a a waiver of responsibility which is fine um and I understood that but to me it was yeah whatever you need do do you have an estimate of the the market value of each of these the homes I don't um I I don't have officer right have well good I can see what they okay so the current market value of the well Glenda Drive that's where you live right yes ma'am okay 945 says the current is 141,000 went down some last year that's OD 940 Margie the property appraiser shows 151,000 for the for the 940 Margie okay to see previous I remember this case so I I don't yeah thank you okay anything from the city I just want to add that Miss rzo had stayed in constant communication with me she left me messages and left me had had we had conversations about what she needed to do and she let me know every step of the way how how much she was working towards compliance and I just want to applaud her for her efforts and thank her for communicating with me very good do we have other than the standard you know time it takes for the code officer to go out and make the inspections and the mailing costs any extraordinary costs of the city in this case no ma'am um I would ask the applicant um did you have to pay double permit fees for after the fact permits on your two roof permits I think it was double the the contractor um did it um I don't remember the exact amount because he kind of put everything together in a total bill for me but I know that they doubled my on my home when I did it so I would assume they probably did okay well um uh in looking at the factors under the code and and as I explained earlier I don't have any authority to reduce the administrative fines in the case which in 945 pmo it was $98.99 and in the Margie Drive it was $14 1464 cents so I I can't touch those so those will have to be paid um considering the factors that I have listed uh in the code I find that a substantial reduction in the total fines would be appropriate I'm going to take one at a time on 945 poo Road the $1,850 fine I'm going to reduce to $2,000 and on 940 Margery I will reduce to $2,000 um a time frame on paying these do you know the um this will first have to be put in writing I will enter an order um it will get sent to the um um to the city they will mail it out and then they will contact you when this goes to the city council because I'm only making a recommendation to the city council okay is this like a final just so I or is this something that can be adjusted the city council has a different thought on on this and you certainly have the opportunity to request a different amount um then it could be higher could be lower um depends on the city council how they how they determine these types of cases and do I go to that that hearing that is if you want to and I would recommend that you do attend okay since you are the person bringing this application you will want to attend okay and then you have uh you have a period of time uh that's in the code in order to pay those amounts yes yes ma'am 90 days after the council's r yeah or as otherwise ordered by city council so if the time frame of 90 days is not enough then you can ask city council for spe special consideration but they're not going to go to much longer than the 90 days okay okay okay yes um one more question on that uh whatever the amount is is uh final is there does it have to be paid in full or is there a way to make payments in it or does it have to be totally paid I would assume it's a total payment or else the the original fine revers a partial payment would be credited towards the total amount but it you won't get a release until the total amounts due within the specific time frame okay gotcha okay thank you very much but but if she wants to go ahead and pay those hard costs she can do that at any time yeah those those would also would have to be paid before it's cleared yeah everything is conditioned on the payment of those fines so that would be a condition of getting the lean reduction is paying those okay those um City's cost of prosecution okay um one more question and I'll I'll leave you alone uh to get the if I wanted to ask for further reduction would I ask that through you and would you submit that you would do it to the council to the council okay gotcha okay thank you very much thank you and now that takes us to our Massie hearings today our first case is or of properties 4265 South Street officer right and we do have a u representative of or of properties president as well okay Massy case 2362 officer right all right I have one item to submit it is the affidavit for the notice of hearing for today's Massie hearing thank you uh admitted into evidence as City's exhibit one is the notice of today's hearing and the Affidavit of service so once again this is uh case number 23- 62 the Massie hearing um respondents is orca Properties LLC our violation address is 4265 South Street um the one violation was of section 6-56 construction permit required um so again this case was originally heard on December 11 2023 the respondents representative from Appliance Direct um attended and provided the testimony and he is here again uh the respondent was ordered to correct the violation honor before April 5th 2024 uh to correct the violation the respondent was ordered to obtain permits to address the work to the yellow me metal building and the underground electrical work um we you also granted permission for the electrical conduit in the ground and in the trench to be removed and the area to be backfilled to prevent erosion and damage to the parking lot so if compliance was not achieved a f in the amount of $100 per day uh to commence on April 6th was ordered and the administrative cost in the amount of $234 19 were imposed so um per the building department records um no permits have been issued at this time the last activity noted on alteration permit number 22- 3611 showed updated plans were submitted for review on January 4th of 2024 and corresponding review comments were emailed back to the applicant January 16th of 2024 um there is yet to be any response to those January uh 2024 comments so once again this is the uh the property uh 4265 South Street the area in yellow is where the work was done um these photos are from March 27th when I posted the property so again at this time no permits have been issued for the work um no work has been done at the site uh what about that trench with the that's what this picture is right here it's still open still open um the conduit is still in the trench yeah I gave a lot of time okay anything else from the city not at this time all right would the representative like to come up and if you could once again give me your name and a business address my name is Mitchell Bal b d uh the address is 397 North Babcock Street Melbourne Florida 329 32935 um and I would like to say we have uh secured two subcontractors Jones plumbing and Advent uh that I submitted uh to the city of uh to the building department the subcontractor authorization forms I did some at those um the one thing that uh has held us up a little bit is the um contractor ended up in the hospital for two sessions in the hospital first time the end of January and then again in uh middle of March um and that's kind of slowed us down a little bit uh so so what basically I'm requesting is that uh if we can get another ex if not another but an extension um he's recovering at home right now um we're probably in the mist of probably looking for another contractor at this point too so we're kind of up in the air on things what was that contractor supposed to take care of uh the bill the actual contract the um the the work the work yes ma'am cited in the vi violation notices um okay and um the code officer mentioned that there were comments from the city provided in January but no one has responded to those comments to the comments uh as far as filling in the uh trench uh no we have not done any work at all on the on the property uh we did on the uh if she had the uh um visual of the property on the north side of the property uh an officer Enright uh City inspect site inspector asked that we were actually cleaning out our Retention Ponds and he came by and asked if we would uh clean out the north uh boundary um re it's a drainage into the St John's and we complied with that at our own expense uh cleaned that up but as far as anything as far as the building is concerned we have not done anything with but you did but there was something submitted to the city though right some kind of permit application and then the city provided comments on the we we've applied yes for permit we had originally had a Dem uh reskinning permit right right I recall that but um officer right what was it that they had applied for in January that was so in uh January 4th the applicant had submitted um an updated application and and comments the building department did their review and emailed those comments of additional questions they had or additional documents they needed um don't have that specifically I can get a copy for you if necessary no that's okay I'm just um asking were you are you aware of that that the city had responded to the application and had comments I had understood that they had come back but like I said right at that right at that time the contractor went in the hospital so I know it was provided to him to his email address but he said he never saw it okay um so I did get a um about a week later I came to the city and got a copy of it and we tried to take care of what uh from that point on so the the problem with where we're at is this is just the compliance hearing I can't extend the the days to come into compliance because there was a there was a pretty good period of time that I provided to to get the building permit um um get your application in well we've got the application in well but we don't have the permit back right right so you have to actually get that well that's what we're working towards yes ma'am but I can't change so that was in December when we had our first hearing and I gave you until April 5th to um obtain a permit for the electrical work and a permit for the repair or demolition of the yellow building by April 5th and none of those things have been done I can't change how much time I've given you because I thought that was a well we did too until like I said and I do have his uh actual release patient discharge from the hospital twice uh so I'm not making that up oh I don't think you're making it up at all I I know that kind of stuff happens um but I can't um then you try to you know work around that or well we tried yes ma'am I it's just not I don't think it's appropriate in this case to go beyond what's normally done and give you an extension from April 5th at this point the property is in non-compliance doesn't look like really much of anything has been done to bring it into compliance and well we can't do anything without the permit yes ma'am April 5th is when the fines started running or the fine in the amount of $100 per day it's just one violation $100 per day starting April uh 6 2024 and those fines I'm I'm going to impose those fines because the property is not in compliance it's it's been running since April 6th and will continue to run until compliance is achieved you always have the opportunity to come back for a lean reduction but the goal right now would be to get get a permit in compliance as soon as possible obtain the permit uh for the electrical and a permit for the demolition of the yellow building anything else from the city all right well thank you sir for coming I appreciate you taking the time not a problem thank you thank Youk you all right case yes ma'am the next case 24-9 Toby Smith and Unis Smith 2247 officer Flint I really don't have anything to present due to the fact that this is in compliance the trailer has been removed as of a couple weeks ago so we're good great um it was before the date of okay needing compliance does the city want the imposition of the cost 26914 yes okay so I'll go ahead and enter an order finding the property was brought into compliance uh and impose the 26941 and just as a reminder the city requests that the title of that order include finding Co um compliance and imposing costs yes okay initial hearings yes ma'am our first case 24 4-12 Victor Martinez 444 Swift and this would be OB right so I have uh three items to submit uh the first is going to be the affidavit and notice of violation the second is going to be the affidavit for the notice of hearing and the third is the cost recovery statement in the amount of $251 180 thank you I will accept into evidence exhibit one notice of violation and Affidavit of service exhibit two notice of hearing and Affidavit of service and exhibit 3 is the cost recovery sheet in the amount of $251 180 so again this is case number 24-12 the initial hearing our respondent is Victor Martinez our violation address is 4440 Swift Avenue Titusville Florida 32780 the mailing address is 4455 Swift Avenue Titusville Florida 32780 so as of today there are three violations uh the first one is section 12-23 junk and debris the second is section 13-7368 uh the 2018 property maintenance code subsection 304.8 exterior walls so the initial inspection was completed on May 26th of 2023 date given to comply was honor before uh June 26 2023 uh first class and certified mail was sent to the listed owner on May 31st 2023 and the certified mail was refused on June 2nd of 2023 uh notice of hearings were posted at City Hall and um on the property on March 27th of 2024 uh first class and certified mail was mailed out on March 6th and the certified mail was returned unclaimed unable to forward on March 23rd of 2024 so this was a proactive enforcement um I was driving in the neighborhood and observed a um unlicensed uh pickup truck in the front uh front yard um I completed an inspection from the public rideway uh found uh grass and weeds over 12 inches in height um junk and debris around the exterior of the house and in the backyard um I also observed a broken window and damage along the north wall of the house I took photos of the violation and while on site I did speak to the owner Victor and um provided that notice of violation so I've done multiple reinspection on this property including this morning um Mr Martinez was there on all of all of those in reinspection um and I continued to push to get things um completed and repaired so again this is uh the inspection photo from this morning this is uh of the front yard we've got jet skis trash and debris um along the front of the house um this is a closer photo of the front of the house again we've got appliances um miscellaneous um trash um this is the north side of the um building we've got building materials junk trash debris um so this is a closeup of the exterior wall damage we've got um a damaged portion of block and then fascia and sofit on the house and the patio on the back of the house is damaged the patio was damaged there's a the roof over the patio um we've got rotten wood we've got um deteriorated damaged wood and there is a hole in the roof that until I was given permission to go in the backyard I did not see so the initial was only exterior walls I didn't do a violation for roof so this is the backyard um we've got a pile of scrap metal um various Lawn Equipment um just piled up in the backyard this is not the owner occupied right no this this house is unoccupied at this time kind of uses it for storage um this is the back of the house we've got tires we have more appliances we have abandoned uh lawn equipment parts from Lawn Equipment all stored against the back um this is the blue uh pickup truck that I initially saw in the front yard it still is not registered or licensed um the over growth has been removed um it's just the trash and debris in the backyard being stored so for the conclusions of facts uh for Section 12-23 we've got Junk scrap metal discarded building materials Machinery being stored on the property um so for inoperable and unlicensed Vehicles the uh truck uh jet skis are not registered at this time then for uh section subsection 34.6 for the exterior walls we've got um the patio and the block on the north side of the house are damaged so we are requesting an order be issued that the violations are corrected honor before June 7th of 2024 to correct those violations we are asking um all of the junk debris uh be removed from the yard and from against the house um and stored inside the house or um within the patio uh for the uh inoperable unlicensed Vehicles we are asking that um we either um receive proof of current registration and demonstration that the truck and um boats work or that they are removed from the property and then for the exterior walls uh 304.5 we're asking that the block um wall is repaired the hole addressed and any of the damaged or deteriorated wood um on the patio and the roof U be repaired and replaced okay and recommended fines and then we're asking that administrative costs in the amount of uh 20 uh $ 25180 be imposed and we're asking for uh $50 um per day per violation starting June 7 2024 so again I was on site um with Victor this morning um he was is not going to be able to attend today um but he did feel he would be able to get the violations corrected uh within that time frame that I have asked for okay all right thank you uh I will find that the respondent was given proper notice of the violations and proper notice of the hearing respondant did not appear um there is based on the evidence in testimony there is evidence of a VI VI ation of 12-23 junken debris um extensive amount of junken debris in the yard and up against the house there is an unlicensed unregistered pickup truck and also a jet ski um that has to be cured by registering those items and ensuring that they are running there is also a violation of section 6-19 ipmc section 304.8 exterior walls broken glass block damaged wall damaged fascia damaged wood patio damage um those items need to be fixed the date for compliance will be June 7 2024 the uh if the violations are not cured by June 7 2024 a fine in the amount of $50 per day per violation will begin to run on June 88th and will continue to run until each violation is corrected the city's costs in the amount of $251 180 are imposed respondent is directed to contact code officer right when the violations are corrected may I make one correction yes please so uh June 7th is the Saturday um so we're asking for a compliance date of the Friday of June 6th no it's not oh okay I'm sorry I had it wrong then I'm sorry I had it wrong so June 7th is the compliance I'm sorry my daughter's the birthday oh okay she knows that is embedded in her mind all right good she's already planning the party messed up I thought I messed up so I apologize okay um so ordered okay all right thank you I'm sorry thank you you have the next one I I do yes ma'am uh so this is case uh 24-13 uh the violation address is 4455 Swift Avenue I have three items to submit the first is the affidavit for the notice of violation the second is the affidavit for the notice of hearing and the third is the cost recovery statement in the amount of $234 19 thank you will admit into evidence as exhibit one the notice of violation and the Affidavit of service exhibit two will be the notice of hearing and Affidavit of service and exhibit three is the cost recovery sheet showing a total amount of $234 19 so once again this is the initial hearing for case number 24-13 uh it is the same owner as the previous case um this time the violation address and mailing address are the same 4455 Swift Avenue Titusville Florida 32780 so at this time there is only one VI ation occurring at the property that's section 12-23 for junk and debris so this was a complaint um issue or driven uh violation uh the notice or the inspection initial inspection was September 19th of 2023 um he was given um till October 4th to remove the overgrowth of 2023 and the junan debris was be cleaned up by November 3rd 2023 uh first class and certified mail were sent uh September 20th and certified mail was signed for on September 23rd of 2023 uh the notice of hearing is the same as our previous case posted on um March 27th of this year and um the certified mail sent on June 6th and return unclaimed on March 23rd of 2024 so again this was a uh complaint we received from the neighbors um concerning the yard being over 12 in in height and that the trash and debris had increased on the property um once again all of my inspections were completed uh with the owner um available so the this is again from this morning uh our grass and weeds were cut and continued to stay cut um what we have is a large accumulation of trash and debris still along the front of the house so this is the driveway um the backyard we still have a little bit of building materials um stored there uh the motorcycle is in compliance lawn tractors running got a few items on the back of the house um but it's the front of the house that is the the main point of violation looks just like a variety of oh we've got a little bit of everything boxes we've got uh scrap metal we've got building materials we've got engine parts we've got small um lawn equipment is that a tarp the tarp is covering a refrigerator that is plugged in and running yes it's a running refrigerator H has items stored in it but it doesn't belong outside right oh it's running outside yes ma'am it's plugged in it's he currently uses it but it doesn't it's not allowed outside is it is that part of the if it's if it's running and being m contained okay it's for abandoned appliances okay he does have now I can say that he does have a padlock on the uh on the front of it it doesn't look great with the tarp but it is it is a running it is a functioning Appliance okay uh you know we have people with the same thing under their carports okay so conclusion of fact uh 12 23 we obviously have abundance of items being stored in front of the house we are asking that the um respondent be ordered to correct the violation again honor before June 7th of 2024 we're asking that he removes all the unused abandoned vehicles boats boat parts vehicle parts Machinery Parts uh metal Lumber discarded building materials Cardboard Boxes Etc ET there's are there vehicles or vehicle parts uh there's vehicle parts on the driveway I just pulled in everything from the um the ordinance section itself to kind of cover it CU he he does transfer stuff from one property to the other MH so he was working on one and just moved it over to the other so we are asking that the respondant be assessed administrative costs in the amount of $234 19 if the respondent does not comply by June 7th 2024 we are asking a fine of $50 per day be imposed um starting uh June 8th okay I think you're a little generous with the fine recommendation on our agenda for the May is full at this time so there wasn't really room to put it on no I mean that your recommended fine on this one of $50 a day I think you're being generous um all right I'm going to find that the respondent was provided proper notice of the violations and proper notice of today's hearing proper um respondant did not appear based on the evidence and testimony I find abundant evidence of a violation of section 12-23 junk and debris there is an excessive accumulation of trash and debris especially in the front of the house in the viewing of the neighbors um and this was a neighbor generated complaint I will order compliance by June 7 2024 failure to comply by removing all unused uh obsolete abandoned junk items um failure to do so by June 7th will incur a fine of $100 per day and costs the city's costs are imposed and the amount of $251 180 and the respondent is ordered to contact the code officer ma'am that was the uh it was $ 23419 for the cost recovery on 4455 I was reading the wrong on $ 23419 for the cost yes ma'am so ordered all right thank you thank you anything else on the agenda no no no ma'am that that concludes our presentation for today all right thank you thanks I'm GNA do my e