e e e e e e he okay there we are you guys ready okay good afternoon my name is Jennifer Nicks I am a special magistrate for today's hearings I'm calling to order at 2m the city of Titusville code enforcement special magistrate hearings um these are public hearings for code enforcement violations these hearings are quasy judicial and I'm 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 prevent present testimony um you may present evidence Andor witnesses to testify on your behalf there's no public comment portion of these proceedings you must be either a respondent or called as a witness in order to speak on a specific case everything today is being recorded and all testimony will be under oath um when you are sworn in please provide your current mailing address so any orders get to the correct address um first the city will present its case and information will be displayed on the screen documents may be provided by the city as evidence and the city's PowerPoint presentation will also be entered into evidence unless objections are made after the evidence I'll make a ruling that ruling will be reduced to writing and mailed to you is so if you are going to be testifying today or think you even might to just get it out of the way if you would just stand and raise your right hand to be sworn in okay thank you okay do you hear by swear or affirm that the testimony you'll give this this afternoon is the truth the whole truth and nothing but the truth okay thank you okay and it looks like we have a couple Massie here to start with yes ma'am thank you our first one is case number 24-12 Victor T Martinez and the inspector in this case is Officer Wright and I'll let her proceed good afternoon I have one item uh to submit it is the affidavit for the notice of Massie hearing okay thank you all right thank you okay and the notice of hearing is accepted into evidence thanks all right so once again this is the Massie hearing for case number uh 24-12 our respondent Victor Martinez is here our violation address is 4440 Swift Avenue um there are three uh violations uh section 12-23 junk and debris section 13-7368 subsection 304.5 for exterior walls so I completed an a reinspection this morning um and found all items have been corrected um I am requesting that the administrative fees that had been assessed um be waved and I have pictures if you'd like to see them okay sure thank you um I'll see the pictures if you okay since you have them so these are uh the case photo from the initial Hearing in April um this is the the front of the house this is as it was today when I arrived so trash and debris removed um there had been inoperable uh jet skis on the property those have been removed okay um this was a closeup of the north side of the house we had building materials um and we had damage on to the exterior walls so this was today all the building materials that had been there have been removed um repairs have been completed to the exterior walls and uh the repairs painted um this is a closeup of the area that had the damage and this is as it was this morning so the backyard we had a lot of the junk and debris being stored and as of today all the tires were removed the items he's keeping have been um organized underneath the patio on the back of the house the inoperable vehicle has been removed from the backyard there's the the truck that did not have registration and that is the backyard as of today okay great okay was there a respondent that wanted to speak for any reason on the matter Victor did you want to speak no okay just wanted to check thank you okay then um okay as the city has requested um no fine will be imposed do I'll go ahead and enter an order finding that the property um achieved compliance in a timely matter and that while it was in violation previously with 12-23 1373 and 34.6 um that those are in compliance no fine will be imposed and um the city's waving the administrated P so thank you thank you okay ready for the next case when you are yep okay thank this is 234 2413 okay so and I have the affidavit for the notice of Massie hearing uh to submit okay thank you okay okay and I'll accept the a davit of notice of hearing into the record so once again this is case number 24-13 this is the Massie hearing uh we do have the same responded Victor Martinez he is here uh the violation address this time is 4455 Swift Avenue and our violation was section 12-23 for trash junk and debris again I did an inspection this morning and did find that he had come into compliance so this was our inspection photo from April for the initial hearing again large amount of debris being um stored in front of the house and this was it today another view of the front of the structure um from April and again this was the view as of today uh this was the backyard with trash and debris and again we've cleaned it up kept it mode just another view of the backyard and in compliance great and um and had you mentioned yet about the administrative findes we would like these waved as well okay okay and does the respondent have anything to add no okay thank you sir um okay then I will go ahead and um thank you I'll enter in order um finding that the property was in violation of 12-23 of the city code but timely complied and that no administrative fees um will be imposed and no fine will be imposed thank you thank you okay and will we be going in the order of the agenda yes ma'am okay thank you I'm ready for the next one when you are yes ma'am takes us into our initial hearings case number 24771 South dilon Avenue and the officer in this case is Frank Lewis and he's here in prepar good afternoon ma'am good afternoon uh first off I'd like to enter into enter in exhibits the notice of violation uh affidavit notice a hearing cost recovery okay thank you um I do have a quick question um okay just with the notice of violation on the affidavit um I see that it's checked off that it was hand delivered and that the affidavit filled out and notorized but I think that you forgot to write what date that it was given to the person so if you want to testify about that I mean clearly um it was that's what I figured it might be but I just did want to point that out okay then I'm accepting the affidavit notice of hearing and notice of violation thank you okay uh this is uh case 24-70 uh the initial hearing uh the respondent is a tua W there I'm guessing at that name uh this is a commercial property at 701 South Delon Avenue here in Titusville uh the violation charge is 30-35 a uh continuing landscape maintenance required uh I'll Define that just a little bit more so you're aware of it uh it's commercial property there's a store on the corner part of the uh property is bear uh the code requires the uh Landscaping to be maintained there at all times uh right now it is bare um there they did put some bushes out front for a short while they've kind of been damaged already uh I inherited this case from a different inspector so be with me a little bit the initial inspection was uh 22624 uh noov was posted on the property that was uh inspector Hutchings was no longer here uh the notice was mailed out certified in first class is return signed for on 2924 uh the notice of hearing went out on 5224 was posted at City Hall and delivered to the business owner on that date a certified mail was on 5624 and not returned as of the day uh the G date given to comply originally was 220 220 2024 um I have been in contact with the property owner a couple of times uh I do not know if inspector Hutchings dealt with them any I I think he did one time uh the I have also spoke with the business owners and I think the owners the property owners is here today uh as of this morning they I had got a message uh over the weekend on my phone that they had done some put some seeds out this morning they do have that area blocked off for temporary fencing uh so we're going to assume some Su uh seeds were put out the bushes were planted on about the 13th of March uh and until today I didn't see any other progress uh here you can see just it's just sand okay and uh as of today it's still remains in non-compliance uh and uh we like for the like to recommend that the respondents corrected violation all number before 75224 uh in order to correct the violation they need to install ground cover on the bare areas um and be assessed administrative cost amount of 16375 and if they don't do not comply by 75 2024 A F of $100 per day uh should be imposed uh and they need to contact me to when they've think they've achieved compliance for inspection like I said I have talked to the property owner at least twice and the folks at the store once okay like I say I do believe the owners are here today okay great um and can I ask you um Mr Lewis um as far as um installing ground cover if the city is requested um for July fth um for a compliance date is that something that you anticipate seedlings is going to do it or is the city actually expecting you know a saw or something just so I understand what's going to bring them into compliance and so yes ma'am I I don't know if this seed will do it or not actually s would be preferred however if it is properly with seeds and hated cover the seeds because currently in the picture you just saw seeds aren't going to last there just going to blow away and or wash away there needs to be something to maintain those seeds on the site and it needs to they're going to have to water it to make it work um again in its current state with temporary fence would not be in compliance however if they get it seated with hay and something that we can actually look at and verify that that is the case we we could accept that as okay but it has to be maintained and of course survived sure okay thank you yes ma'am okay um okay thank you officer Lewis if um if the owner property owner or business owner would like to um speak hold on if if you're going to speak I do need you to come over here to the microphone and um please state your name and address and did you swear answer yes sir yes thank you hello my hello your honor my name is Salem um for the property whenever we were Al learned by the the owner my mother she was all her and my father were overseas which they came back on last month on the 28th so we've had to handle everything through phone call between us and the vacant whoever winning the business at the moment right now but as far as to get everything done with all the seedlings and everything else we'll we'll take care of that by next month as well okay and it's so you it's your parents that own the property yes ma'am okay and um and what was how do you spell your name I'm sorry just my name is fad f o u a d and your last name is Salem yes ma'am okay thank you yes ma'am Mr Salem okay um okay if there's no other testimony to be heard I can move forward unless you have any responses to the gentleman's statements okay um I do have a question actually for the city is there um an approved site plan or landscape plan which comes into play here at all or is it just grass uh no ma'am okay approve just a ground cover ground cover got it okay thank you um okay then I'll go ahead and give my findings and ruling now which will be reduced to writing and provided VIA mail okay okay I find that the respondent is the owner of the property which is the subject of these proceedings I do find that all notices were provided in accordance with law um State and the city code I do find that there is a violation of section 30-35 subsection a of the city code um in regards to landscaping and that is shown by the um photographs as well as the testimony presented this afternoon including um the photographs that showed dirt and node grass on the property in the area in question let's see um I do find that the respondents were provided a reasonable amount of time prior to the hearing to correct the violation and either failed or refused to do so within the um period of time prior to the hearing and and I find that based upon the evidence and testimony including photographs that there is sufficient evidence of the violation of that section of the city code respondents will be given until July 5th 202024 wait July 5th 2024 excuse me to correct the violations of the city code upon the property and also the respondents are responsible to provide notice of the violations being corrected to the code enforcement department if the respondents fail to correct the violations by July 5th 2024 then a fine may be entered in the amount of $100 per day until the violation comes into compliance um further future violations of the same section of the city code shall be classified to be repeat violations and I will um impose the $163 75 cents of administrative costs um which were assessed by the city and so ordered you'll get a written order in the mail okay yes ma'am case number 2471 1710 South Washington Avenue and officer Flanigan is here to present that case good afternoon good afternoon I have to submit the Affidavit of notice of violation the Affidavit of notice of hearing and the cost reimbursement for $234 and 19 okay and I'll accept all three of those as well as the PowerPoint presentation and tent thank you okay okay uh the responded on this matters uh Titus L Square D LLC the address is 1710 South Washington Avenue the mail to address was 1816 Crest Crescent Boulevard excuse me uh and the violations at the time were the windows skylights and door frame section 30413 the openable windows 3041 13.2 uh the stairs and walking surfaces 305.5 the smoke alarm 74.2 and a permit for an air conditioner in Unit Nine that has that's been resolved and actually most of these other than the windows have been taken care of U but I'll go through that as we go some of these have been taken care of the smoke alarms and all that has been resolved as well okay back on November 30th 2023 is when I was first notified this and posted the violation on the property the owner was given to 1218 2023 to correct violations it was mailed certified in first class mail also on November 30th and notice of hearing was posted on the property in City Hall on May 29th and it was certified and first class mailed on May 7th um I originally received a complaint from a tenant that's no longer in unit 9 but at the time they were occupants of unit 9 of violations of city code and that was the front door was improperly installed at the time uh there had gaps around the frame allowing light and Rain through the bottom of the windows and I'm sorry the went through the door that had been taken care of when I inspected it on Thursday I was out there with the owner on Thursday uh the smoke detectors were missing from the unit that had also been resolved and the air conditioner as well had been resolved uh when I walked the property uh I also observed other windows in the units that have been taped shut and there were boards holding the window shut and I can see from the outside and the common area that the latches of the windows were broken and they weren't able to be properly locked as they're supposed to be um and there were the stairwells on the outside um had rust showing on them they some of them had been taken care of um there was loose areas and stuff those have been pretty much resolved um but I explained to them I'm going to have to keep an eye on it to see if it starts up again because it appears to me they just painted over the rust instead of resolving the issue but they weren't loose or anything that would indicate it's a hazard at this time um I had spoken to two different Representatives over the past several months of work that was done uh I also recently spoke to the property manager Rita um about the issues and stuff including the windows that needed to be repaired and replaced um I have was supposed to hear from them this morning about correcting the windows and stuff I made an on-site inspection this morning in the windows that were supposed to to be corrected or not they were supposed to give me a time frame of when they were supposed to be corrected and I have not heard from them this morning or Friday um so basic that's the door that's that's been resolved that's the bottom of the door frame apologize this is the window that's still in the same Condition it's tape shut indicating that it's not working properly it's still in violation and there's the latches that still shows that it's it's broken and not um properly locking the windows and it's supposed to be oops oh that's the bottom of the stairs I apologize this is the stairwell it's there's from my indications looks like they just painted over this areas and stuff instead of correcting the rust and stuff but like I advised it appears it's I would say it's in compliance right now but I would have to keep an eye on it the see if the rust continues or uh The Landings and stuff still cause an issue in the future um then the conclusion in this the windows skylights and door frames the door frame has U been taken care of I apologize I didn't update this this morning uh but Windows still need to be repaired around the complex the openable windows um Windows throughout the complex aren't working properly as required um the stairwell stairs and walking surfaces at this time I would put that in compliance I feel they're okay for now uh and then the smoke alarms I was informed by couple of the tenants they confirmed to me that all the smoke alarms were taken care of so we'll put that in compliance as well um I have no indication that they weren't um and at this time it's basically number two there section 3041 132 the openable windows would still be in violation the repair replace the windows to properly open as required um is basically all I have at this point for this violation or I'm sorry this property okay um requesting the respondant be assessed the administrative cost of 23419 and if the respondant does not comply by 75 is being requested $100 fine per day per violation I'm sorry per day since there's only one violation until the violation gets corrected and to contact me when it's corrected so we can sign off on it okay thank you very much and do we have a respondent here for this [Music] matter no ma'am no no sorry okay no thank well um well then I can go ahead and move forward with my order thank you very much all right okay I do find that the respondent is the owner of the property that is the subject of these proceedings I do find that all required notices were provided in accordance with state law and the city code and that notice was met for these proceedings um let's see while there were multiple violations initially noticed for this matter at this time the city is provided testimony that only section see it's ipmc section 30432 openable Windows is the remaining violation in this case and I do find that the respondent was provided a reasonable amount of time prior to the hearing to correct that violation and either failed or refused to do so and that based upon the evidence in testimony um the city has proven a violation of section 30413 point2 of the intern International property maintenance code and that respondent will be given until July 5th 2024 to correct the violations and if the violations are not corrected by that time then a fine will be entered in the amount of $100 per day until the violation comes into compliance and respondents are responsible to provide notice of the violations being corrected to the city's code enforcement department um future violations of the same section of the code shall be classified to be repeat violations and um I will also as the city has requested impose the administrative costs to the city of $234 and9 okay and so ordered that concludes that hearing okay case number is 24-72 195 Roosevelt Street and again Jim Flanigan's the officer in this case okay thank you I do have to prevent the Affidavit of notice of violation the affidavit affidavit for notice of hearing and the cost recovery for $21685 okay thank you thank you and those as well as the PowerPoint presentation will be accepted into evidence okay the respond matter is Jane Michael Cara the address is 195 Roosevelt Street the mail to address is 2130 Barna Avenue uh the violation charge is 1328 for dead trees in the underbrush and ipmc 34.2 for the overgrowth of weeds and grass uh the notice of violation was posted on the property on December 4th date to given the apply was December 23rd 2023 uh notice respondant was mailed first certified in first class mail on December 5th notice of hearing was posted at City Hall and the property on May 29th 2024 and it was mailed certified in first class mail on May 7th 2024 uh um I observed this property to have overgrowth of weeds and veget vegetation there was also a dead tree and had fallen on the property that needs to be removed this property is a vacant lot um there was previously a house on the property um that was demolished in 2014 so it sits vacant now since then there have been several violations for on the property for overgrowth and not being maintained uh there's been no communication with the listed owner um this is a property taken I'm sorry picture taken back in December of the dead trees that had fallen and been cut and had been laying on the property uh this is also back in December the dead trees as well uh this is the side shot of around the fence area and the overgrowth that's occurring around the fence in different area and just on the other side of that tree I have a better picture there's also another dead tree on the property that had fallen over over um I apologize for some reason my updated pictures were not put in there I apologize is isn't the same condition today other than the overgrowth is worse uh because of the growing and stuff and the dead trees still remain on the property I apologize for not updating this picture since December oh no uh the dead trees dead I'm sorry the conclusion the dead trees uh trees and branches observed on the property that are still there and the overgrowth of grass and weeds the grass and weeds are growing over 12 Ines and needing to be cut and maintained uh the recommendation is order to responded to correct Dev violation by removing all dead and damaged trees on the property and cut the underbrush around the trees and cut and maintain the grass and weeds on the property and maintain it as well okay thank you order the respondant to pay the administrative costs and give the respondant until July 5th to correct the violations if not $100 per day per violation be imposed until for each day for the violation till it continues or gets corrected and they contact me for reinspection okay all right thank you um I'm I think I have a question about the notice of violation because I don't I don't believe I see the um overgrowth cited just the dead tree um unless I'm missing it I don't know if a page shouldn't okay okay thank you and with um and as far as the dead tree tree or trees goes is it um I think you had pointed out it says dead tree of course on the notice violation in the short description um is there more than one dead tree yes yes okay is there a way to um um identify them somehow such that whether it's by number or location or um do we have an idea of how many dead trees there are just for the terms of finding somebody for the purpose of finding them in compliance and ordering them two were the only ones that I saw that were dead that were dropped that were on the ground okay yeah so there were at least two yeah okay um okay and and both of the dead trees are already on the ground so it's really just a matter of them chopping them up anding them off yes okay and you had said that there was um no Communications from the owner on this one no okay in the past even in the past with previous violations there's been no indications that the owner reached out to correct any of the violations oh all right okay um then just for purposes of the record is there anyone here on behalf of respondent hearing none I'll go ahead um with my order okay okay I do find that the respondent um James Michael Cara is the owner of the property which is the subject of these proceedings um I do find that all required notices were provided in accordance with the city code and state law and that notice was met for these proceedings um I do find that a violation of section 13-28 of the city code which is nuisance um see I do find that there was a violation of that section of the code in regards to the dead trees as evidenced by the testimony and photographs which showed at least two dead trees um fallen on the property and which need to be removed I also find that respondents were provided a reasonable amount of time prior to the hearing to correct the violations and either failed or refused to do so and therefore the city has proven a violation of section 13-28 of the city code respondent shall be given until July 5th 2024 to correct the violations of the city code upon the property and the respondent is responsible to provide notice of the violation being corrected to the city's code enforcement department if the respondent fails to correct the violations by that date a fine will be entered in the amount of $100 per day until the violation comes into compliance um future violations of the same section 13-28 of the city code shall be classified as repeat violations and lastly and then lastly um I will also impose the city's um costs administrative costs of $216 58 okay and an order will be prepared in and out in that matter thank you d okay uh the next case 2473 205 seminal Avenue respondent is here and present and Jim Flanigan will be the officer in this matter okay I have the Affidavit of notice of violation to submit the notice of hearing the submit and the cost affidavit for $98.99 thank you okay and I'll accept all these into evidence uh the violation address 205 seminal Avenue the mail 2 address uh 4915 Cathedral way in Titusville and section 3039 the tree removal tree removal with a permit that was required that was not done um on April 2nd 2024 a notice of violation was posted on the property date to given to comply or to try to get a permit was April 24th and notice of respond that was mailed certified in first class on April 2nd as well uh the notice of hearing was posted on the property in City Hall on May 29th 2024 and it was mailed certified in first class mail on May 14th um this originally came in as a complaint in reference trees that were cut down on the property when the trees were cut down one fell into the road and onto another property where it caused damage to the vinyl fence the tree also fell on a power line causing damage and obstructed the road until it could be removed and it was safe with the power lines uh there has been no communication with the owner I spoke to Mr Lee who took responsibility for the tree being cut down sorry not working there uh as you can see this is one of the trees that were cut down where it was blocking the roadway and that's how it was when I showed up um this just shows the vinyl fence that was damaged and the power line that was down um it was a power line and I think a fiber optic line they had to wait till those were rendered safe before they could open up the road and remove the tree uh this is a picture of one of the pine trees that were cut down as you can see it was 29 in across uh and then circumference is 79 inches around on the big tree this was the second pine tree that was cut down as well um that one was approximately 19 in across with a circumference of 56 in um and again it's the tree was removed without a permit uh there was no permit applied for or any indications that a permit was issued or anything um I spoke to um the gentleman who like I said he took responsibility he did attempt to get a permit U but was unsuccessful um and again there was the conclusion of this there was two large pine trees that were cut down on the property of a vacant lot uh while cutting down the trees that caused power lines to be damaged and damaged to other property in the fence there was no permit applied for or approved to cut the trees down uh these violations are considered irreparable and irreversible uh at this time the city's recommended a fine of $5,000 for the violation in order to respond it to pay the administrative cost of $198.2 okay and the respondant is here okay and as far as the um for the $5,000 given the irreparable nature and whatnot of the um damage is that Collective for the two trees for both trees correct yeah okay okay and is there a respondent here hi if you could please state your name and address and then anything you'd like to say yeah my name is Quan Lee and um my f I'm a dress that I live currently is with my aunt and uncle at 495 Cathedral way and my family we bought the property and for future like home but um I was given the task to maintain it and I didn't know that yet it started with the cutting the grass it was getting too high and then it's a large vacant property and so it took a long time and the palm trees and the pine trees it extended the job and so I uh I thought it was if was on your property you can cut it I didn't know I acted out of ignorance um and I'm asking for um Mercy on for not knowing okay um did you let's see okay so obviously you didn't apply for the permit because you didn't know about it yeah you st um okay and you own this property with your parents or oh it's my my cousins okay my my brother my aunt okay um um okay and there's no other trees you're going to be cutting down from the property PR correct or not without a permit cuz I saw like you know I live with my my my uncle and aunt and the like not too long ago the the hurricane came and knocked his tree in the front of his house onto his roof and so that's why I wanted to cut down too that's another reason why too I didn't know um did you get a tree removal company no I did myself okay that's a big tree yeah life is a great teacher it seems I should have listened to my mom she said not to do it but I'm sorry oh it just seems like a very large tree to cut down on your own that seems very dangerous um okay all right was there anything else additional okay thank you thank you let um I just wanted to check with the city as to the notice if there was anything that you could point me to about it being an irreparable or irreversible um violation upon which something along the lines of $5,000 could be asked for at the hearing be following State Statute 162 very appar [Music] reversal I'm I'm aware that it's in the statute I was curious if for for okay did either the city or the respondent have anything else to add if not I'll go ahead no okay um and so the respondent is is aware when they're asking about an irreparable or irreversible violation that's something that obviously can't be reversed like cutting down a tree um in the Florida state law and the code enforcement statutes there there is a provision that allows for um a fine not to exceed $5,000 per violation so it could even be implemented per tree if they were choosing to do that um and they've of course requested a $5,000 flat fee for both Tre I'm going to um I'll go ahead with my order now um I do find that the respondent is the owner of the property that's the subject of these proceedings and that all required notices were provided in accordance with state law and the city code and I do find that there is a violation of sections 13-28 actually be I'm gonna hold on for a second as as to the dead tree do we know that the tree was dead no man' I don't think they were dead okay so just I'm sorry these were both healthy trees there was no indication of any disease or anything on either one of them okay um okay because originally in the notice of violation um dead tree was also included okay so I'm going to find that there's not a violation of section 13-28 as far as it being a dead tree and as much of you just stated that it's not a dead tree and what I'll clarify that when I originally found this violation um it was a month prior there was debris and stuff from dead trees on the back of the property that he was um given notice for but it was later that that was cleared up but I put all of it under the same case because that case was still open that's all we're discussing is the trees that were cut down the other one was taken care of and it wasn't the notice wasn't sent so that's that's where that confusion came from okay so I understand originally you found that there was a dead tree violation also because of other debries and such on the property that's taken care of I'm not worrying about that one okay um okay I'm sorry Street the fact wer they re that okay thank you okay okay so today I'm going to be addressing the section 30-39 tree removal permit required in this order and stating that there is a finding of violation as to section 30-39 of the city code um tree removal permit required and just to add to What Glenn just mentioned the vacant Lots could receive a tree permit for removal if there was a building plan and a site plan for future development of that site that was approved by the city but my understanding is that it's just a vacant lot with no plans for development and that is the other part P part of what Glenn just said as for why it wouldn't be able to receive a permit for healthy trees okay for okay I just want to make sure I'm clear here if we can back up so this is or is not a vacant lot can we maybe sh me the pictures again because thank you yeah it is a vacant lot and I'm assuming the respondent was going to tell you he did try to apply for a permit but he was turned down since there was no site plan viol or site plan or any indication that they were going to do anything with the property okay and I doubt these are pretty much you could tell it's a vacant lot there's no there's nothing on it okay thanks I think I just wanted to see for a second because I know where it fell and hit the fence clearly that was a with the house on it but officer Flanigan is it a vacant lot in between two other residential lots that have houses on them um this is the corner lot that's vacant or I'm sorry a corner lot that's vacant then when he cut the tree down or when the tree was cut down rather it went over the roadway and into the neighbor's yard and ended up in that road for a couple days until the power company could take care of their lines and everything oops too far for is the city looking for specifically 30-39 a because that's where it says no person organization Society Etc shall cut down destroy remove or move any tree with a trunk of four inches or more yes ma'am okay well I'll go ahead now thanks um I do find that a section A violation of section 30-39 of the city code um has been proven by the city and as much as it has been um shown and there's been testimony shown um provided um with's see with Mr Lee even taking responsibility for the tree um two trees actually being brought down and um there was an admission that no permit was applied for um as he did not know that he needed to do so he is testified um okay so I do find that all required notices were provided in accordance with state law and the city code I do find that a violation of section 30-39 has been proven by the city and that this particular violation as the city had argued is found to be irreparable or irreversible in nature in as much as they are trees that were cut and cannot be put back in accordance with the Florida Statutes if a violation is found to be irreparable or irreversible in nature it may a fine may be imposed not to exceed $5,000 per violation um the city has requested a $5,000 Collective fine for the two trees um I'm going to impose a $3,000 colle Collective fine for the two trees as well as imposing the city's administrative costs of $1 19897 and that is my order on this hearing thank you okay case number 2474 3945 Ridgewood Drive and Officer Jim Flanigan is the officer for this case okay I have the Affidavit of notice of violation for you the affid of hearing and the cost recovery for 250 $180 thank you okay and I'll accept all of those that aidance thank you all right speak Glenn and Janie Schneider uh Schneider I'm sorry 3945 Ridgewood Drive mail to address is the same uh the violation charge 1328 the dead trees ipmc 302.7 for an accessory structure for a fence 303.1 for swimming pool violation and 303.2 for an enclosure of a swimming pool and then the exterior sanitation was an error that I made it's it was notified but it's not on there right now okay thank you uh notice a violation was posted on the property on November 29th 2023 date given to comply was December 13th notice that a respondant was mailed certified I'm sorry it was mailed first class mail on November 29th and it was mailed certified on March 11th 2024 a notice of hearing was posted at City Hall in the property on May 29th and it was mailed certified in first class on May 7th I received a complaint from the neighbor about the conditions of the pool the fence and the trees in the back of the property I observed that there was a wooden fence that had fallen on the east side of the property that needed to be repaired I observed the pool not being maintained it appeared to have like some sort of vegetation or overgrowth in it as well U the pool also had no separate pool enclosure around it for the safety and on the back side of the property there was dead trees um on the property that needed to be removed or pruned however they want to do it um the contact with the owner there's been no communication with the listed owner um this would be the dead trees on the back side of the property taken these pictures were taken from the neighbor side um you see the overgrow the brush and all that that needed to be cleared up the accessory structure again this is the fence from the neighbor side um that the fence needs to be repaired it's falling into the weeds and everything again this is the fence from the front these were taken back in November of the damage as well and then the swimming pool I apolog this is one of the better pictures I can get of the swimming pool you can kind of see the concrete right in the middle and the O between the overgrowth and stuff obviously I can't walk on the property to see the pool but I can testify that the pool did have um like weeds or something growing in it and not being maintained so with that picture that we're looking at here on the screen and the middle of it where it looks like like concrete is you're telling me so is that's the pool between the concrete and the bottom of the picture is water to the up to the top from the concrete up is where the pool is the pool kind of sits up higher than where the pitcher was with the elevation of the property oh yeah I think I have a better kind of better picture that hopefully it's not perfect that's kind of a better picture that I took um you can kind of see right in the middle of the picture it appear that appears to be the railing for the pool um when you're it's it's hard in the picture you can see it with your naked eye but in the picture it unfortunately didn't turn out as much as I hoped um wow there's that much vegetation over the pool yes MH and as you can see this is from the neighbor side and the fence is missing from this so it's just the vegetation between me and the pool there's no pool enclosure or anything on there okay um oh there's the pictures from the other proper I apologize um dead tree on the back of the property is a dead tree overgrowth and underbrush located on the property um the wood fence is falling and needs to be repaired or replaced uh the swimming pool has vegetation growing in it it needs to be either cleared or maintained or something done with it and then same thing the pool enclosure the pool has no enclosure for safety other than the underbrush is basically the only thing that's enclosing around the pool or the fence it could go either way however he wants to do it um the recommendation remove the dead trees and maintain the underbrush and overgrowth of vegetation um for the fence the fence either needs to be repaired or replaced and fix the slats as required uh the swimming pool you needs to be cleared or maintained or do something with the pool um fill it in or do do something with it so it's not a safety risk um and then the enclosure for the swimming pool uh create an enclosure for the pool or repair the fence whichever works for them but the pool and all that does need to be taken care of okay um order to respondant pay the administrative costs theond does not comply by July 7th is requested $100 per day per violation be imposed until the violation gets corrected and the contact me uh when the violation gets corrected okay thanks um okay and you said there's been no Communications with the owner whatsoever um is someone living there yes okay yes i' I've sent couple letters um at different points tried to go to the door knock on the door to see what was going on um and have had no no contact with them okay um as far as the um dead tree goes you had mentioned the dead tree and then you showed one picture in um can I see that again yes thank you is that the only picture that you happen to have that's the unfortunately the only picture I have on it when I went back and looked it's in the same condition there's no there was no uh indications anything has been taken care of back there um I'm having a hard time telling that's even a tree understand understand just because of that zoomed in um okay the pool in the fence is more my concern so if if you want to take that off I I have no argument with that not not to say that it may well be dead I just have a hard time with what I'm looking at telling that it's even I totally understand no problem um I do have let's see if I may um the section 13-28 is not called dead trees um it's actually called violations and it's in the chapter on public nuisances I think we agreed to dig the dead tree part out but the the section 13-28 says it shall be unlawful for any person manager owner agent or renter to allow debris rubbish trash tin cans paper stagnant water diseased dead or damaged trees to accumulate or a den grow a dense growth of vines which I believe is what we're looking more so at than a dead tree it it continues or a dense growth of vines underbrush weeds wild growth Andor any grass on any lot tract or parcel of land in the city which provides or may provide a nest and or creting ground for sandflies mosquitoes rats mice or other rodents snakes and other type of pests or become a menace to Life Property public health or create a fire hazard and so that's section 13-28 and I think the dead tree was um not the right label for this code section because I think that it's actually showing the dense growth of vines underbrush weeds and wild growth and thank you and um and I can I can appreciate that and clear that I mean it looks like some kind of dense growth of something that might be half dead but I just have a hard time seeing it and then in the comments it says trees Fallen rear and side of property need to be removed so I just didn't know what was going for that because it wasn't evident um to me with I suppose I've got a a little bit of concern with the violation as far as um I I I do think that it's a I wish that you had heard from the owner because I do think that there are serious issues at this property um I think the owner's here today here to good good great then maybe we can speak with them too um um actually if the owner would come up that might um help clarify some things for me thank you be glad too okay and thank you officer flan again problem I'm Glenn Snider 3945 Bridgewood Drive City good afternoon Mr Schnider um okay so do you own this property yes okay do you live there yes um and are you aware of the state of the property as shown by the photographs to me today I am painfully aware okay um meaning that it's been a an Ever I got Brazilian pepper trees that have invaded my property from the retention pond on behind my house which is in a state no different on one side of the fence versus the other side the fence be it may um I have had um brush clearing companies out there at least twice uh I know that uh I need to bring them out again for this particular or that uh particular photo I have no trees on that back of that property so dead Fallen trees it's just bazillion Peppers that have gotten very big um which will need to be removed by a Brush Company um any more on that subject um yeah I guess I I do have some specific questions I just wanted to let you tell me anything that you have to tell me about what you've heard or what your opinions are and that I might have some specific well it's just a an ever I've been fighting this thing for 30 years these Brazilian Peppers M they're very poric okay um you get rid of them in one spot and they pop up another spot and they get spread by every year we get visited by robins and they love the berries from the Brazilian peppers they spread those seeds everywhere so how far of a reaching problem is this Brazilian pepper tree because while unfortunate once it comes onto your property it's problem to deal with exactly and I've been dealing with it for years M as I said years and this particular uh area has recently grown up um and I intend to take care of that this year but there's other issues that I'm dealing with for now one the pool yes I have no need for a pool anymore I have spent months trying to find a pool demolition company and there aren't any in the city there aren't any in Bard and I finally found one in Orlando and they're scheduled in this week sometime depending on dump trucks in Bard County they are another issue bringing in fill um so it's a scheduling issue on the pool once I get that cleared away uh the fence is not required as an enclosure because the pool's no longer there also in the past that side of the fence has gone down by Hurricane after Hurricane uh and I was cited once before many years ago and it was determined at that time that on the other side of that fence is a four or five foot retention wall which served as a barrier to the pool and was susceptible to code enforcement at that time that's the way I thought of it this time that fence has to come down for the for the demolition company to do its work now whether I put up a new one or something else that's to be determined does the pool have water in it rainwater um I have gone through three sum pumps trying to keep water out of that pool and I finally gave up especially in Florida so it has it's been my little pond in the back of my yard where I see wildlife drinking out of it snakes raccoons whatnot I'm friendly to Nature they they come and they go they don't bother me so I'm okay now I understand the pool is a problem and I I do need to get rid of it because the insurance company doesn't want it they're threatening to cancel my homeowners okay well let me the pool is a big problem yes and the fence not being there is a big problem and the fact that the banana or Brazilian pepper trees excuse me but the trees and overgrowth that are going over the pool to to the extent that it's difficult for me without it being pointed out to me where the pool is in a photograph hies the pool from the neighbors and I have no neighbors behind me and only one neighbor on the side of me which obviously was probably the one that ratted me out so to speak um well looking at the violations that you have on the notice of violation I'm just going to kind of go through them one by one sure for a moment okay um with the with the dead tree issue um well I challenge there's no dead tree back there they I don't think think that it's a matter to much be argued in as much as they've conceded that they're not going to pursue the dead tree thing uh that said okay um I won't make a ruling about that since it's been withdrawn um I will mention a word of warning as far as that goes is you know the City attorney even read into the record the um full definition of that dead tree and and that included it being a place that provides a nesting or breeding ground for several things like mosquitoes snakes mice rats and um that that is a public nuisance issue or very M very well maybe um and and that I that I find um concerning with that amount of overgrowth and such um well I could I make proliferating back there Pard back there yeah back there on the other side that fence on my property is the retention Pond of the homeowners association it is not tended to any more than my property is tended to but the city re complaint your property so it has to move forward with investigating such things yes sure here we are but I mean the rationale for varmints and everything is just the same on the other side that fence okay and again uh I suppose today is not the day for any of us to argue about it since they're conceding it you know I mean there's no um but it just it's a concern um as far as um next there was the swimming pools 303.1 that the swimming pools shall be maintained in a clean and sanitary condition and in good repair and um it's and it's your testimony that currently the pool's not even full but has rainwater in it and overgrowth essentially and whatever might be living it looks like the swamp that's behind me okay um so it doesn't sound like that's in a clean and sanitary condition either by your own emission of saying that it looks like a swamp um or the photographs that I saw with the um I mean I have nothing against swamp in Florida Bor and raised um well when there a swimming pool that might be another I I will testify that the pool I am under contract to have it demolished slashed buried well and and there's a building permit being submitted or has been submitted okay and um okay so as far as the 303.1 of the ipmc that's what's addressing the pool being in a clean and sanitary condition so we've kind of addressed that so far as um the water not being clean or sanitary or the condition of the pool um generally um as far as the exterior sanitation um that's not being addressed so I'm going to skip that uh we're going to go to 302.7 which is the accessory structures in regards to the fence of course um and you know as shown in the pictures I can see that the fence is yes almost all the way down if not mostly anyway any good rain thunderstorm through here takes that fence down because it's not structurally sound but it does need repair M and that is um you know another issue obviously with the that's a huge issue for a barrier to the pool too so it sounds like you're looking to get all of these hand one years ago that that side the fence wasn't necessary because of the barrier wall on the other side of the fence that retains the pool like like you mentioned the pools above ground well above the that's where you you stand to take pictures and everything it's at least four or five ft above ground and there's a retaining wall on that side of the pool and that was deemed acceptable Years Ago by code enforcement well the provision which is being cited you know while while a barrier let me be clear while a barrier is needed for pools under the statute as is explained in the floor statutes um this particularly is section 302.7 which is accessory structures um and say states that accessory structures including detached garages fences and walls shall be maintained structurally sound and in good repair so this has to do with the actual soundness of the fence itself so in as much as that is concerned I've seen evidence that the fence is I agree needs repair okay and structurally reinforced okay and as far as um did you have any um I know that you've thank you for attending and providing your testimony today is there anything I thought it was compulsary is there any evidence that you would like to give any documents or anything like that I just want to make sure that you have a chance to do so and you can do the documents I have are my side of the conversation with my contractor I I don't have his signatures CU he's in Orlando when the mirror actually um so we're doing everything by phone and text and email okay so nothing to submit for now today no okay I do like to comment about code enforcement my first notice was a hang tag on the door which like Spectrum FPL everybody else hangs hang tags on my front door it did not look professional at all I ignored it um I'll let I mean I just want the manager to know I I would assume that that might have been a courtesy type of door hanger but I don't know yes those are those are just courtesy they're also followed with a certified letter and a letter through regular mail as well okay and the first letter I got was a black and white copy of the city logo how professional was that looking to me okay is that a comment or is that a is there a question that's a comment okay about that certified letter was a it looked like a Zero's copy of a letterhead fill it out how did I know it was not a scam I mean I'm an old elderly person okay who has people knocking on my door to replace my roof solar panels free 10 uh trimmers how do I know what's real um but what what I'm when I got the certified letter then yes okay well I'm going to go ahead and go ahead tell you um okay so you know the city stated what they did as to the hanger type of thing as far as the notice of violation that I'm looking at and have an affidavit in regards to how it was provided including being posted upon the rail property on November 29th and sent first class mail and I need to finish speaking thank you yes um you know additionally it states that the notice of violation was mailed first class and mailed certified return receipt requested for the owner of the property also in accordance with um the Florida statute that addresses um that and I have additionally had testimony from the code enforcement officer Mr Flanigan that that's how he provided the notice of violation and while I will um get to it when I'm actually giving my oral order that is in accordance with the state law it just I I have had that I mentioned that notice I had before on that fence it was taped to my garage door it was an official form two layer you know believable that's what I was expecting and the Hang tag was the only notice I've seen posted on my property again the first letter by first class male didn't look real how do I know that I mean official City letterheads are what they are but a but a Xerox copy of it I'm sorry but that's just a comment uh not an excuse but a reason why I delayed in doing what I'm doing okay um all right is there anything um new or additional to mention in regards to this matter no okay um okay thank you then I'm going to have a question for the city thank you Mr Snider okay U Mr Flanigan can I just ask you a quick question sure okay um I just wanted to check you know I'm looking at the your affidavit you know your notice violation so you had your affidavit states that you had posted the notice violation on the real property on November 29th 2023 is that correct yes and for the mailing of the notice of violation um you stated that you mailed that first class and mailed certified return receipt requested to the owner on March 11th 2024 is that correct correct okay and the notice of violation is that which you attach to your affidavit correct correct thank you okay and then just to um just to confirm the sections that we're actually moving forward with now it's come down to that we are um moving forward the city is requesting a finding a violation on Section 303.1 which is Property Maintenance um for the swimming pools that they must be maintained in a clean and sanitary condition and then let's see and then we've got 303.2 the enclosure of swimming PS and then lastly 302.7 which is the accessory structures in regards to the fence correct correct thank you and then I might have a quick question well really I mean just to as to the swimming pool was it completely surrounded by a fence no okay that latched or closed you know no just the damage that one side was all damaged so there was access to the pool access to the pool okay and then um I know that the originally let's see the notice of violation was originally sent it looks back November 29th 2023 and we're now June 10th um and as far as the date um did you remind me of the date in the dollar amount per fine $100 per day violation okay and then um and the compliance date that the city is requesting uh believe I put down July 5th July 5th was it okay I apologize I don't have that right in front of me um all right then I'm going to um thank you for the clarification sure um okay I'll go ahead and give my findings enrolling now this will of course be um reduced to writing writing in an order which will be provided to you by mail um let's see I've accepted and considered documentary evidence photographs and sworn testimony relating to this matter from City staff as well as Mr Glenn Snider who owns and lives at the property I find that the respondant um is the owner of the property with the physical address of 3495 Ridgewood Drive and Titusville um I do find that all required notices were provided in accordance with 162.000 6 and 16212 of state law and the city code and that notice was therefore met for these proceedings um as to the city code Provisions asserted by City staff I'm going to find that violations of the following codes exist upon the property and that would be section 303.1 of the 2018 ipmc section 33 and that sorry is in regards to clean and sanitary condition of swimming pools um section 303.2 of the 2018 ipmc in regards to enclosures of swimming pools and section 302.7 of the 2018 ipmc which is in regard to accessory structures in relation in relation to the fence um I do find that the testimoni and evidence provided show that there are violations of all of those three aforementioned sections of the city code and that respondant was provided a reasonable amount of time prior to the hearing to correct the violations but either failed or refused to do so and I will order that respondents be given until July 5th 20124 to correct the violations on the property if um also respondent is responsible to provide notice of the violations being corrected to the city code enforcement department um if the respondents fail to correct the violations by such date a fine may be entered in the amount of $100 per day per violation um until the violations come into compliance and again respondent would be responsible to provide notice of the violation being corrected to the city's code enforcement department um further future violations of the same sections of the city code shall be um classified to be repeat violations um and and lastly there's also imposed administrative costs incurred by the city in the amount of $251 and 80 and that concludes this hearing thank you okay case number 2477 4125 South Street and Kyle mck is the officer good afternoon I have the uh notice of violation the notice of hearing and the cost recovery okay thank you thanks all right so uh 20 thank you okay so trying again uh 2477 it's going to be uh G&G Property Management LLC violation address 4125 South Street in Titusville Florida uh mail to address is 4295 South Hopkins Avenue in the same city uh violation charges are going to be coming from the Florida fire prevention code uh NFPA 1 which is the fire code NFPA 10 which is standard for portable actually I don't think that one's on there I think that was a mistake from last time um NFPA 25 standard for uh inspection testing and maintenance of water-based fire protection systems and NFPA 72 the national fire alarm and signaling code uh specifically uh NFPA 1- 1712 which is permit required 1715 work without permit 11011 premises identification 1118 which is electrical cover plates uh the 1182 fire department access that one has been uh complied so we can go ahead and Mark that one off uh NPA 1 6646 which is storage requirements n FPA 25 uh 5112 which is fire sprinkler systems maintenance NFPA 72121 which is fire alarm servicing and then section 9-4 which is the implied consent for conducting the fire inspections for the city so uh my initial inspection was back in February uh 19th of this year uh the location has been under construction for several years now I think it's going back to 2021 2022 um initial progress had been made on the building with the installation of fire alarm and sprinkler um and at some point that kind of just stopped um uh there are various items stored in the building at the moment so with no issued C certificate of occupancy the fire alarm and sprinkler are not being completed nothing can be stored inside the building at the time uh I had originally given the date to comply as March 4th of 2024 uh noticed a respondent was sent uh February 20th and delivered the 28th of February that's supposed to be 2024 on that second one uh notices of hearing were 56 of 24 posted at City Hall and on the property and certified mail was mailed 5'7 of 24 uh delivered and signed for on 521 uh for contact with the owner I have been in contact with the owner a little bit um he advised that there have been several meetings with City staff regarding some issues um there have been some s plan uh issues there been working with those the fire alarm permit has actually been reactivated so it is back in issued status but no further inspections have been um called in or scheduled for that uh fire alarm system the fire sprinkler permit has never been issued um there actually is a fee hold on it so the fees would need to be paid before that could be um re well just issued in this case um and there's also never been a fire underground permit which is required to connect the fire sprinkler system to the city water system to allow water uh to actually go into the piping for the sprinklers [Music] um one of the issues I don't know if I go into it a little bit there we go so like I said so I've been under construction um part of the issue was that the fire alarm permit had been issued correctly the work had been done and then no um inspections had been called in so the fire alarm permit expired for the fire sprinkler permit because of the fee hold that had been put on there again several years ago now um it had never been issued but the work had already been completed so we went out and did one fire inspection for the sprinkler realized that no permit had been issued and no further work has been done either by the sprinkler contractor or by us to inspect it uh so for that the permit at this point we're in a different code cycle so everything would have to be resubmitted for it and a new permit would have to be applied for um the fire underground permit as I said had never been applied for in the first place so all the submittals would need to be made by the appropriate contractors to get that in motion um as I said there is Storage in the building both personal and business um I have seen box trucks for the um owner's business at that location multiple times um and since there is no certificate of occupancy and the fire alarm and sprinkler systems are current C ly not in service um there shouldn't be any storage inside there uh results of the re-inspections I've had I spoke with the owner um that actually got the fire alarm permit uh reinstated but like I said no inspections have been scheduled uh no progress on the fire sprinkler getting it taken care of no progress on the fire underground uh there were a couple electrical boxes that didn't have that got loud uh covers on them was told that there was no power to those um I would just need to have some sort of confirmation um otherwise they would just need to have some sort of cover PL so someone can't stick something in there and electrocute themselves and then also uh no address numbers um there's no address numbers for the building so those just need to be a minimum of six inches and being able to be visible from the road so that if there's ever an issue we can just locate the building there we go so as the conclusion of facts to um deal with the permit required they just need to obtain the necessary permits um the fire alarm like I said is is good we just need the inspections and then the sprinkler and underground permits need to be um applied for and issued uh the work without a permit just need to actually have all of the work inspected to ensure that it was installed correctly um install the address numbers um again the cover plates as long as they're not actually alive um electrical service that would be okay I just need some sort of proof for it um remove all storage from inside the building until the CEO has been issued the alarm and sprinkler are good to go and for the sprinkler system maintenance uh just complete the installation of the system both above ground and underground uh to code fire alarm servicing same thing um we just need to finish out the fire alarm inspections ensure that the system has been installed correctly functions as designed and then for the implied consent I just throw that on there to ensure that the um inspections are able to be scheduled and that we can get it all taken care of um so recommendation I would ask that the violations be corrected onor before July 8th which I believe is the next uh hearing date um just apply for the needed permits um complete the installation if if we can get it scheduled if not outright completed that would be acceptable um and then at least schedule the inspections as well just so that we have things on the book so that we're moving forward with the project um I would order the respondents be assess the administrative cost in the amount of 14614 and if the uh respondent does not comply by July 8th I would ask for $50 per violation per day and then once they've been completed just reach out and let me know and we can get the uh inspection scheduled and everything cleared out okay and I think that is it okay thank you very much not a problem okay and is there a respondent present for this hearing okay if you could please approach um and state your name and address into the microphone please my name is Lawrence Graham uh the address is 4125 sou Street okay and Mr Graham are you um do you represent g& Property Management yes ma' I'm the U owner and manager g& thank you okay and anything that you would like to present yeah I spoke with Mr Moore um unfortunately Mr Moore is not very good at returning phone calls for one thing um I have also been down to the um fire department um and uh um he wasn't available again that day that was on 510 left a message at his front desk for them to call ended up talking to our interim uh Fire Marshal Miss Amanda and brought everything that uh he had that he had delivered that I've already done excuse me and she said she would be getting with Kyle and saw no problem um this thing about the permit is a joke I got the permits right here uh my fire sprinkler permit was initially done on 11121 okay unbeknownst to me the delays have been recently the site uh thing more uh more expressly the landscape because all the site details were basically agreed on couldn't get through the Landscaping that kept the delays on the site so the fire alarm and the fire sprinkler permit timed out and I didn't know because they don't send the owner the copy of hey Larry you got to renew this like they do the building um permit so whenever I found out about it immediately it was renewed and I have copies there they're they're renewed okay the inspections I've got uh all the inspections to date have been done for what was done okay Steve Adams our building official sent me um a little thing this morning show them where they were uh signed off on and I wish the clarity was good because I tried to print it and it's terrible you can't even read it but they have been done my site permit was finally issued last Tuesday last Tuesday about 10 o'clock in the morning I can't submit for the underground fire until the site was done it just got got approved we haven't done any work without any permit I've got building permits fire alarm permits fire sprinkler permits any work that's been done there's been permitted I went through this list that you gave excuse me in this list he just said was two first of all in this list was these numbers the very day I got this I said it's a construction site you realize that and he said yes sir I went and put bought and put they on the the wall today contrasting numbers per your code and if anybody went out there you could see it it's right on the wall his couple of electrical boxes it's one electrical box that is in the RightWay it's owned by fpnl and it's not connected I told that to him did you bother look up or look down no I didn't he says okay well that that's good then whenever I got notice of this from code enforcement I told one of my guys to just go out there with a sledgehammer Bust It Off the thing it's not even my pole so at what point of all this transparency with the building department and and you know Steve apologizes if he didn't have to be in Orlando he was going to be here today we've gone above and beyond try to make everybody happy with this I went to either your cohort or your former or your your new boss she said even that a couple of these items were not necessary I got what thought was a nox box which is one of these items and uh matter of fact I gave the key to Miss Amanda so until I actually start digging and putting in the fire line I haven't even tried to do that without a permit if that's what you're saying it hasn't been time you cannot apply for it until you get the S permit when I got this information I contacted this gentleman and I had a conversation he said thanks Mr Graham he said do me a favor keep me up to date when you get that I just got it Tuesday I tried to call you your phone it's full you can't leave a message I've gone to your office what else do I got to do I go to the interim Fire Marshal she gave me a personal cell phone I got this stuff left and right on here with all the transcripts of it going through this one by one I don't think there's an issue thanks for bringing that to me when I got this from code enforcement didn't know what to do went down to code enforcement ended up talking to Miss May went through the whole gamut with it she's kind of familiar with this project she said I'll see what you can do she said but unfortunately you got to talk to the Fire Marshal's Office they got to close it out then I got a phone call about lunchtime I believe it might have been from you it was um it was some one of her bosses called and said listen you're going to have to have the Fire Marshal's Office uh resend this and then everything's good that's when I went there on 510 so I wonder really what did we done I mean I've spent two and a half million dollars playing this game with everybody I got apology the other day in the site meeting because of the delays what is it that you want me to do I've done everything you asked me everybody everything we do not operate a business out of there my business is at 4295 South Hopkins do I have some equipment store there yeah you know why because a lot of equipment was used for oh yeah we ready to do site I got my site contractors got stuff on site we've been trying to get the site done for two years and it starts commencement on Wednesday Wednesday I got just got the permit Tuesday and the only reason why I was delayed that long was because couldn't get a surveyor out there for it so yes I have your list here you tell me what it is I have not fixed I'll fix it Bar None have have the two of you had a chance to speak recently not since that first time would there be any benefit to um taking a small break here and letting you all go talk in the hallway and see if there's I I got all the per as far as um an understanding with any of these Provisions because even Amanda said I got I even I I made snapshots of the text back and forth she goes I won't I would not be shocked at anything about our permitting system because I was like ma'am I was there when that fire marshall come through and inspect it and he signed off on it and we can go right across the hall and I can find out what Steve Took a snapshot at both the uh fire alarm and the fire sprinkler of the things you just can't read it what he sent me and I apologize for that but then he had to leave to go so I didn't have access to get it um as far as the hearing today I can only look at what's given to me as far as evidence goes so if there's any kind of written documentation that you want to sub submit to me that's fine but I believe we have to keep it um and he had this one that I made from this morning you don't want that you can't read that from anything I would have to make some additional copies I did make that uh copy of a text messages between Amanda and I whenever I was there on the 10th because I went there to talk to you after I went to your office and I think Miss May back there right I would talk to her in the lobby I kept ringing Bells nobody would even come up I got somebody else to go and that's how I got Miss M and then uh she told me I need to go I went straight down God is my witness to see you because I I called your phone won't take no messages I even showed Amanda on my phone called up there no answer won't take no messages I'd recommend that we table this agenda item until um the two of you have an opportunity to talk about all the paperwork you have and then we'll come back to this case after the next one I think that's a great idea thank you let's do that and allow you all some time to see if we can get a little closer to the same page okay we'll go on to the next case for now you need a mediator yes ma'am uh 24- 82 1420 Milton Street uh Frank Lewis is the inspector of this and we do have two respondents that that are here I'm not sure which one thanks and if I could ask a quick question just to clarify I um let's see we is 2476 not on the agenda anymore no no ma'am nor 2479 or 2480 those have all been removed 76 is off and then no 2479 yes ma'am and then no 2480 yes ma'am okay just wanted to make sure that I was put getting it all straight uh thank you okay so now we're looking at 2482 you said yes ma'am thank you I'd like to enter into enter in some exhibits notice of violation notice a hearing okay oh thank you Mr L okay and I'll accept into evidence the affidavits a notice of violation notice of hearing and the cost recovery sheet thank you yes ma'am uh this is case number 2482 respondents are Todd rer and sha rer uh Mr Todd rer is here today uh came from out of state uh violation address is 1420 Milton Street here in Titusville uh notice was mailed to 1545 Brockton Lane uh in Winston s which is Mr Todd roer's address uh copy was placed on the property at the same time with a uh with to the other owner Mr Shawn rer who stays at the at at the house I believe they are brothers okay uh the violation is uh section 6-19 2018 ipmc section 102.2 Property Maintenance there's no water service at the house uh initial inspection was on 51 2024 uh certified first class mail was sent to listed owners on 5124 certified mail was signed for on uh that's not right 11324 don't know where that come from uh the date given to comply was before was uh 5624 uh notice the hearing was posted at City Hall and on the property where the violation exist on 5 2124 uh certified mail was sent listed owner on 514 it wasn't back yet as of last week uh the property like I said before is occupied one of the owners who sha rotor uh the Water Service has been off since 2023 for nonpayment and there's also penalties for meter tampering at the address and an outstanding balance of $3,557 76 is uh the property still that water service has up today uh I spoke with Shan on site the time of initial inspection uh and the other owner uh Mr Todd rer spoke to me when he got the notice he called me by phone uh I have not seen Sean since I when I posted notice of hearing at the house there's nobody on the property at that time but there has been evidence of some people being there uh so the conclusion of facts are that that the water service or property is required is still not on as of today uh a recommendation is to order respondents to correct the violation by restoring Water Service to the property officer Lewis could you back up one okay I just want to clarify for the magistrate that the international property maintenance code says for occupied dwellings um and and that's not on this slide I just wanted to make you aware that the citation that we're pursuing is only to occupied dwellings where um water service needs to be provided thank you uh okay uh recommendations order respondents to correct violation by restoring Water Service to the property uh be assessed administrative cost the amount of 12853 plus the outstanding balance of $3,557 76 uh and to give me a call when compliance is achieved and then also on this one the alternative method of compliance would be to have the property vacated of all occupants okay and Mr Todd rer is in attendance today one of the owners okay and then just to ask um so you're looking for an order assessing administrative costs plus the outstanding balance of$ 3557 no.76 I can't no you we do not wish you to order that amount because that is tied to the utility lean and that will be collected in that fashion um okay that's what I thought if you want to include it as some sort of a background you can but it's not part of the order that the city is demanding the city is not demanding any fines for the utility case um due to the nature of what the case is we simply want an order and the costs on the record for the public record for individuals um pursuing this property to find this information okay thank you for the clarification okay so you're really just looking for an order finding and violation and imposing the administrative costs I understand okay all right anything else officer Lewis uh no ma'am okay thank you and respondent do we have a respondent here this morning this afternoon excuse me if you could please state your name and address I will my name is Todd Raider this is my lovely wife Debbie Raider and we're at 1545 Brockton Lane that's in Winston Salem North Carolina and so as Mr Lewis alluded to in his statements uh once we got the letters we did make contact now there was a delay in US responding I just finished up treatments for uh cancer so we were focused on getting well first uh and once we got to a point where we were able to focus on this issue of course we're here in good faith to do that um we pay all the financial obligations associated with that property since my mother's uh she was since she passed away over three years ago my my brother's unable to do any of that he just he's not going to work um he doesn't financially is unable to pay for anything that goes on at that property when we received word that there was a issue with the water we contacted the city of uh Titusville to say what's going on they told us there was a leak so we told them to cut the water off until there could have been a repair uh we are unable to contact my brother via telephone we live out of state he doesn't carry a phone the phones that he has had have have been have been disconnected and so we are unable to get a hold of him or anybody to actually uh make sure that this stuff is done we would have come down here personally um however as I told you initially we were going through some health issues to try to get well first and so all we're asking today is a little bit of lency to get this resolved a little bit of background on that we have contracted work with Truman Scarboro local attorney um to actually draft a quick claim deeds to where he'll assign his rights over to us so that we can have the property turned over to us from a rights perspective and have it vacated we've spoken to him about that verbally yesterday initially for the first time uh he gave us verbally that he would is willing to do that is all I can tell you today um so and just for my clarification then um with you being Todd rer is your brother Sean that's correct okay so um and potentially he'll quit claim quit claim deed the property to where you can go ahead and do what you all need to to maintain the property um in does uh does your brother Sean live there now then we believe he does yeah okay so as far as you know it's an occupied property as far as we know yeah okay um okay and and it have broke okay and um and as you as you heard the city is not looking for a a daily fine in position um you know really just def finding a violation and then imposing the administrative costs which have just been the city's you know staff time mailings all the things that they've had to do to kind of get us here so I don't um with their request for the imposition of that I'm inclined to impose them administrative costs because those are hard costs that the city spent okay um but you know with understanding as I said that they're not even asking for a daily fine imp position I think they just want to ensure that the water gets reconnected seems to be the again either that the water gets reconnected or that the property is not occupying individuals without water access right um okay um did you all have any questions or anything further to add I don't think so okay okay um well then I'll go ahead um with my oral order here it'll be um prodct paper that'll be provided to you all um and I you know I do um I'll go through everything that I'm ordering in a second but just to mention now so I don't forget to say it um please do make sure that you inform the city you know either way whether you get the water reconnected or if the premises is no longer occupied because as You' heard stated by the city's representation that would also rectify the issue so um okay so I'm going to um go forward with my order then um I find that the respondent um Todd rer and brother Sean rer are the um owners of the property which is the subject of these proceedings I find that all required notices were provided in accordance with state law and the city code and that notice was met um I do find that there is is a violation of section let's see 10 102.2 of the 2018 wait yes section 102.2 of the 2018 International property maintenance code yes okay um all right so there's a finding as to violation of that code um and as requested by the city there is going to be no imposition of daily fines in regards to that um however I am going to impose the administrative costs as requested by the city in the amount of $128 53 and um and as stated the property can be brought into compliance with the violation by either getting the water turned back on or um vacating the premises so it's not occupied so um I will get the order to writing and provide it in the mail get it to thank you that's it for that hearing that just one sorry one question uh actually for for U Mr rer is how long do you plan on being down okay I I just want to make sure because as the order comes down it would be mailed to your North Carolina address I didn't know and also You' be able to forward that to your attorney okay um so ordered for that case and then is the only thing going on the tabled case perhaps he's in the should be okay thank you l um can we go ahead and recess I'm gonna go ahead and recess the meeting for now for at least five minutes yep so we could just take a break for a moment from e e e e e e e for uh do you need the PowerPoint I don't know let me go ahead and um is is everything being recorded again I want to just make sure that we calling back the hearings for the 2m special magistrate city of Titusville to order want to make sure we're we're legal here uh so yeah so we had a chance to talk yes um the S permit has been issued so um at the moment everything will kind of start to flow again uh so for for now I think that would probably be best just to go ahead and close the case as most of the issues have been addressed he showed me the picture of the address numbers so those are good um a couple of the other electrical box that's been removed so I think that for the moment closing it would probably be the best and just kind of allow the process to continue now that it's finally restarted okay if the um okay as far as just procedurally does the city want to withdraw the case and then there's however you how because I don't want to find we withdraw 2477 for the inspector's request okay great there we go there's that problem solved thank you I appreciate your time and efforts okay and that was the last matter okay um all right well then given that I will see everyone at next month's hearings and we are adjourned at 4:15 p.m. thank you and