Sil button there we go okay all right good afternoon I'm calling the city of Titusville special magistrate hearing to order for March 11th uh 2024 time is now 2:03 uh I do have a bit of an opening um script to read so uh I will go ahead and do that uh these are public hearings for code enforcement violations the hearings are Quasi judicial and I am the special magistrate appointed to hear these 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 Andor witnesses to testify on your behalf this is there is excuse me there is no public comment portion you must be a respondent or be called as 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 please provide your current mailing address so any orders get to the correct address 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's PowerPoint presentation will be entered into evidence unless objections are made after the evidence is presented I will make a ruling that ruling will be reduced to writing writing in the form of an order and will be mailed to you I will go ahead and uh swear in Witnesses so if you intend to speak to me today please stand raise your right hand do you swear to tell the truth the whole truth and nothing but the truth if so please say I do I do do thank you may be seated and I'll just add that uh any orders that are entered today can be appealed by sending a uh notice of appeal to the circuit court within 30 days after the execution of my order uh so I'll just make that a preface statement as well all right we can get to the uh the hearings first one we have is a Massie case uh 24-1 Titus Holdings LLC yes ma'am good afternoon good afternoon um Happy to report that that particular case has been brought in compliance as of 26 2024 and the magistrate had ordered costs into the city which have also been paid and if we could just get a order of compliance in that case all right and so you would like for my order to provide that there is no uh fine but still impose the costs of prosecution that have been paid oh they've already been paid yes ma'am okay all right thank you thank you ma'am all right um yes I will find that the respondent in this case has complied with the board's uh sorry the special magistrates prior order by the date specified in that order and uh no further fine will be imposed thank you yes ma'am our next case yes is 24-6 Space Coast petol Distributors that's also a Massy hearing and and that was with officer Kyle M from the fire department Who U has stated that that too is in compliance as of today okay um and so that was remind me the date was for March or that was for today correct to date was March 11th at noon and so it has come into compliance and again are you asking me to still have the cost of prosecution in order yes ma'am we would want to C okay all right um all right then I find that respondent in this case has complied with the special magistrates prior order by the date specified in that order and no fine will be imposed however the cost of prosecution uh shall remain and shall be imposed as set forth in the special Magistrate's prior order the city attorney's office requests that you just find that the words imposing costs are in the title of that order okay thank you okay next case yes ma'am this is case case number 24-9 c cubes Landing also a Massie hearing um that particular case at the last initial hearing two of the uh violations were supposed to be brought into compliance by today's hearing and those are the only ones that we're referring to today and the officer is Jim Flanigan who is here who will provide his evidence and PowerPoint this matter okay go ahead afternoon uh again yes this would be 3304 South Hopkins Avenue um reference the massing hearing I have a notice of affidavit for today's hearing for you okay thank you okay and yes I I'll admit that as exhibit one okay thank you uh this would be the respondent which is the property C cubes Landing LLC the violation address 3304 South Hopkins Avenue and the mail to addresses 5155 South Washington Avenue Unit 203 um and today we're discussing the business tax receipts requirements and the running water um the notice of respondant was mailed and cert certified In First Class mailed on February 14th and a notice of hearing was posted at City Hall and on the the property as February 26 along in the first class mail for the hearing as well um there's been no contact with the owner since I've I texted him and emailed him the information as well as mailings and have had no contact with him for today's hearing uh this case was originally heard on February 12th the respondent was ordered to correct the violations by noon on March 8th 2024 to corrected violation respondant must pay the outstanding fees if not corrected a fine a $50 per day would be imposed until the violations are corrected and as of today the business tax receipt and the outstanding water bill has not been taken care of and 3304 encompasses this is out of the rard property appraiser site encompasses the whole complex the water is actually under 3310 for the address for the complex and it's still showing an outstanding balance today okay and so water service has not been restored no it has not and it's occupied by two tenants okay um I do see in the order that the $50 per day was imposed for the violation of 505.01 was just for the fees for the BTR to be paid okay the business tax rece okay so you're not uh requesting any further fine for that no ma'am okay um all right did you have anything else for me not this time okay and the respondent is not present the respondent is not present okay all right thank you all right um I will find that respondent in this case failed to uh correct the violation by the violation by the time specified in the special Magistrate's prior order in this case and the fine will be imposed as set forth in that order and will continue to run until the property is brought into compliance and an Affidavit of compliance has been filed by the code inspector respondent shall notify the code inspector to verify compliance thank you all right and I and for the for the record on that so I will I have have exhibit one as the notice of hearing um for this hearing and then exhibit two would be the the PowerPoint presentation yes ma'am okay all right next case yes ma'am this we'll start our initial hearing cases the case is 24-9 Toby L Smith Unice E Smith at 2247 Country Club Drive Titusville Florida sections 1223 Jun into de B Mr Smith already came into compliance and as of this meeting 13 73 in offeral vehicles has also been brought in compliance by proof of registration by Mr Smith who is who is present at the hearing okay and with that it'll be Officer Jim Flanigan to go forward with violations of 258e parking okay I do have one question so for Vi uh violations of 1223 and [Music] 1373 um did their respondent come in compliance prior to the time requested in the notice of violation yes ma'am okay perfect all right so essentially you're just asking to withdraw those yes all right go ahead again I have three exhibits for you today it would be the Affidavit of the notice of violation the affidavit notice of hearing and the cost recovery affidavit for 26941 okay thank you okay like me revise the respondent toby and Unis Smith 2247 Country Club the mail to address is the same Titusville Florida um and we're down to section three which would be the parking regulation the other two have been corrected um this started on October 5th 5 2023 where I noticed the violation and posted the property dat given the comply was uh December 21st a notice of respond that was mailed and certified first class mailed on December 5th a notice of hearing was posted at City Hall in the property on February 26 2024 and it was mailed first class and certified mailed on February 6 2024 um basically this started as during proactive check of the area observed several violations that included the junk and debris uh the opal vehicles and the oversized trailer over 14 ft on the side of the house uh the junk and debris have been removed um and then also of today the vehicles have all been taken care of um I am just going to zip through the pictures just so you see the trailer um this is the trailer that's parked on the side of the house it's well over 14t um and this is the city code violation section Estates parking travel trailers Etc if any length cargo trailers and not excess of 14 ft on the property is how it's listed okay okay the vehicles and again uh the conclusion is is basically the trailer over 14 ft in length is parked on the side of the property visible from the roadway and and to be clear so um under this provision of the city code if if the trailer is over 14 feet it cannot be parked anywhere on the residential property correct am I understand that yes okay thank you no I'm sorry can you go back can you go back to the code that okay it you asked if it was anywhere on the property and the code does specify that the cargo trailers needs to be located behind the front building line okay I'm sorry sir you have to wait until it's your turn to speak yeah yeah no I'm TR let me so but it's talking about cargo trailers not in excess of 14 feet so if it was less than 14 ft they can be they are permitted to park on private property in a residential District as long as they meet those criteria correct right so but this in this case the trailer is in excess of 14 ft and cannot be parked anywhere on the residential property correct I just wanted to make sure you knew those options yeah okay yep uh sorry I'm just trying to cut out the ones that I've already done um sure the recommendation be to remove the trail from the property or put it in a view where we can't see it basically um in order to respond it be assess the administrative costs if the respondant does not comply by April 5th 2024 is requested a $50 per day violation be imposed each day until the violation continues and to contact myself when it is corrected okay so you're asking for a compliance state of April 5th yes okay all right uh was there anything else you have for me not at this time and responding is here yes uh sir you can come forward can you state your name and address for the record please Toby Smith 2247 Country Club Drive Titusville Florida what would you like to tell me about your case okay in the codes you have to read into the book farther that it says the 14t trailers cannot be only permitted on the Frontage of your house on your driveway if you read in farther beyond the frontage of your house it says it doesn't give how long the trailers can be as long as they're behind as long as they're behind what behind the frontage of your house okay you can't just read the one or two paragraphs you got to go on farther I have all the proof from 2006 I have four toades that Mr broom the City attorney know was all about I went through this for four years because you can't discriminate against that recreational trailer an RV a fishing boat an offshore boat or a utility trailer that people use okay they're all a purpose of hauling something storing something and it's all I have all the proof if I need to bring it in I have four totes of four years of city council go going through proving all of the things that you can and cannot do the code people that were in charg then are no longer in service I knew this was going to happen when they change code guys again because we went through it three times Mr broom will tell you it was the longest city of Titusville code meeting in the history of Titusville we went went for four years because of a bad neighbor I was cited for stuff that never should have been cited so since 2006 my trailers have been either on the side of my house or in my driveway because I had two parking spots in my driveway so everything I've been doing since 2006 I was fine with didn't do anything and in 2006 I rented a shop down off of Hopkins then then zoning changed the zoning of no outside storage so then I had to take my race trailers and move them back to the house which still is in compliance on the side of my house beyond the frontage because there's RVs in this town Boat Trailers in this town offshore boats guys work trailers that are longer than 14 ft I've got 250 pictures Sunday of people that got their stuff parked in their front yard so the whole thing is I've got 2500 signatures that were brought in here in 2006 I will bring them back of all the hobbyists and the fishermen everybody that has trailers in here to get this resolved again okay uh you've you've provided a lot of information so let me let me bring break this down a little bit um the first thing I think you said was that you believe that there's a Code section that allows for trailers that are 14 ft to be par yes because they were only where what code section are you referring to I would have to get all of my paperwork I my wife is like an attorney she kept everything okay but this is the hearing today so now is the opportunity I wanted to see what what they came up with before we set another meeting for this because I'm going to bring in these at least 1200 people to be in front of the magistrate and the code enforcement that everything that went through and there's you're going to have to watch probably 30 CDs that was made from the city back then of everything that we discussed that got cleared up got interpretations gone Mr broom can tell you all about it so okay again today is the day of the hearing we're not you know it's not going to be something that we hear on a different day today the day so if there's any evidence that you want me to hear now would be the time um however I asked you question if there was a specific section that you wanted to point me to but you you don't recall I have not read that code book since we left this room in 2006 for meeting I have not had to go back over them codes because I knew that we were in compliance then everything got thrown out that same trailer is still there from 2006 okay so we just went over the code that that he pulled up one section correct that specifically addresses trailers I'm going to ask um the assistant City attorney do you have any responses you'd like to or the or the Cod Enforcement Officers about that particular issue of whether there's another code section that would allow for a 14t trailer I would just like to comment on a couple of things that yes Mr Smith has spoken to me in advance of this meeting we did provide public records that he requested specific to this particular case to him and he had an opportunity to ask questions regarding the code and the case of both my office and the Code Enforcement Officers prior to this case because we have communicated about this issue the code section 20- 58 miscellaneous parking regulation subsection e that is being cited today and being discussed has not been changed since 2009 there I it is my understanding that there was lengthy Co City Council meetings that discussed changing that particular code section but it was not changed and at the end of the day there may have been lengthy Council meetings but if the code wasn't changed then it Remains the current code that any cargo trailers over 14 ft in length are prohibited now it was Mr broom that was present at that time the the dispute predated my appearance here at the city of Titusville So based on that you know long time ago history we do not have any documentation to the contrary and we we asked Mr Smith to provide any documentation because as he's told you he told us that he had boxes of papers that said something to the contrary that I have not seen okay all right um so essentially you believe that there may have been city council discussions about changing the ordinance but that didn't didn't take place there was no change that ever came to fruition that's resulted in this code being any different from what you've seen today and that probably existed at the time where Mr Smith Mr Smith was previously cited but the city is going to continue to move forward with this case because the code does not allow cargo trailers over 14 ft in length right and we just went through that um so all right the other thing I heard you um say was Mr Smith was that I think you said you've had trailers there since 2006 but then my trailers have been there since probably 99 uhhuh okay and that's when we got from Co board when the board was still here there was no magistrate that everything got clarified nothing had to get changed it got clarified it was supposed to get written to what it said about the frontage of the house that the trailers could only be a certain length on the Frontage of the property and on the from behind the frontage of the property nobody could tell you how long they could be that right now I'll guarantee you there is 30 28 24 in car cargo trailers sitting in people's backyards right now so what you're telling me is if you're not allowed for over 14 foot on your property you also have to tell me that nobody with an RV nobody with a camper nobody with a boat work trailer or a utility trailer can be on their property that and we had this taken care of in 2006 was clarification on all of this and I guess it wasn't written and Mr broom says he doesn't exactly know what happened and I didn't follow it after that so if what I got to do again is not be in compliance with my trailer start this all over with the city of Titusville again I guess I'll pull out all my paperwork and make my phone calls from all the people that I went to their houses got their phone numbers and they came up here and sat for that 9-hour meeting up here and we'll do this again to get this clarifi clarification done again because there's people in this town that have 30 foot RV sitting in their yards they got um 20 foot um the food truck food trailers sitting in their front yards they got their boats sitting in their front yards my stuff is be my long trailer is be behind the frontage of my house you know it's it's it's like starting a war all over again with the citizens of Titusville um would you do me a favor and put the code section back up on the screen is that possible and when you go through the codes when you read you have to go to there's like seven sections that read the interpretations and clarifications of stuff it's not just that one page where that is it says a 14 foot Mr broom I sat down with him for over two weeks coming in and out of his office get finding all this stuff that my wife found and I showed it to him that's the only reason that I'm upset about this it was all taken care of in 2006 and my wife's the type that she keeps all of her paperwork she doesn't throw anything away okay give me a moment I want to look at the uh code section here and don't take me wrong I'm not upset with all of y'all cuz nobody was here back then and believe me it took my wife months to find all the clarifications on that's why I say I pity your job because I know what you got to go through because I know the codebook in and out but I did want to share with you though that all of that that you're were talking about this would not be the platform for that okay but if I'm up here and I'm getting cited now for it that's right and but like I said though the magistrate can't change the code can't alter the code I I understand that's that's not her but who how do we how do we go through to take care of this city council is the only body happy to sit with you broom told me there's no more city council no no I mean let's get this done and let the magistrate do what she needs to do to to get it going MH and then I'll be happy to sit with you and explain where you need to go from here okay and the consequences of of where that would would lie yeah because right now with but this is not the perview for her I understand as a hearing offic and so that this this should be just held well until I meet with the city council well we can we can work all that out that's like I said let's let's let the magistrate do the hearing today and they'll be happy to sit with you after the hearing or tomorrow or whatever you like okay I so I think one thing that clarifies uh this issue is under Section also 20- 58 but it's not up on the screen subsection a states that there shall be no off street parking in the front yards rear yards and side yards um I'm sorry yeah no off street parking in the front yards rear yards and side yards Street side of single family dwellings except as normally exists in driveways or designated parking spaces unless otherwise provided in the section so subsection a is telling me um unless it's otherwise permitted in the section it's prohibited and what is listed here under subsection e is that only cargo trailers that are um less than 14 ft may be parked on residential property in certain areas areas and and the testimony has been that the the cargo trailer that you have is in excess of 14 ft so I I'm and I so I understand that there may be some you know as as was stated that there may be some desire or had their had been discussion by the city council to change this uh section but uh as was stated you know I I'm here to to determine the case based on the laws that is currently written I understand so um all right the uh let me just check my notes Here really quickly but as you see on that one picture I also went and got a permit per code enforcement per city council to put a drive on the other side of my house to park that trailer on so I spent the money for the concrete the concrete company come out there got my permit which is on file to pour that driveway got it inspected for the purpose of parking the trailer over there a permitted driveway does not allow unpermitted vehicles to be parked on it we'll talk later okay all right I I have to agree with that I mean simply because a a permit was was um issued to pour a driveway doesn't necessarily mean it was issued for the purpose of allowing that particular type of vehicle to park there so um all right sir did you have anything else before I make my ruling no that's it I just wanted you to understand what went on and what's going to go on in this town again okay understood thank you all right um I'm going to go ahead and and make my ruling thank you all right um I find respond in this case and violation of the city code as charged with respect to section 20- 58e um and that responding correct the violation before uh 12:00 p.m. on April 5th um in the event respondent does not comply by the state a fine in the amount of uh $50 per day will be imposed for each day that the violation continues pass the a forc DAT of date respondents further ordered to contact the code inspector to verify compliance with this order um I find that the notices were properly given in this case and in terms of exhibits I have four exhibits I have the exhibit one which was the affidavit and notice of violation two which was the affidavit and notice of hearing three the cost recovery sheet and four which was the PowerPoint um and I'm going to further order that the cost of prosecution um be paid in this case was there anything else from the city that I'm sorry was there anything else um from the city that you need it on this case no okay all right um I believe that that is it and unless we have anything else we can adjourn no ma'am all right we'll go ahead and adjourn thank you and thank