##VIDEO ID:x8s5S-bNgDQ## e e e e good afternoon uh my name is Jennifer Nicks and I'm the special magistrate for the city's code enforcement hearings um we're calling to order the hearings at 2 p.m. today on August 12th 2024 these are public hearings for code enforcement violations the hearings are Quasi judicial in nature and I'm the special magistrate appointed to hear these cases the formal Rules of Evidence do not apply although 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 and there's no public comment portion of these proceeds setings you must be 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 please the city will present its case first and information will be displayed on the screens documents may be provided by the city's evidence and the city's PowerPoint presentations will be entered into evidence unless objections are made after the evidence I will make a ruling that ruling will be reduced writing and mailed to you um if we could go ahead and swear in any of the city staff and Witnesses who might be presenting today or speaking um if you think you might talk go ahead and raise your right hand thank you do you hearby swear or affirm that the testimony you'll give this afternoon is the truth the whole truth and nothing but the truth yes thank you okay um before we get the hearing started I would just like to say that I reviewed the July 8th 2024 minutes from those hearings and that they are hereby approved okay and it looks like the first case um well first of all are there any changes to the agenda good afternoon hi ready um okay go ahead I think we have a Massie hearing first up yes ma'am okay thank you be uh case number 24- 84 um officer May right and this case you heard last uh month in reference to overgrowth in an operative vehicle and a copy of your order should be provide as a exhibit thank you all right I have for exhibits the affidavit for the notice of Massie hearing and then a copy of your order let me see and it's all stapled together okay thank you thank you all right so again this is the Massie hearing for case 24- 84 our respondents are Phillip M Kirkland and Christopher Kirk kland our violation address is 4760 Winchester Drive Titusville Florida our violations are section 13-7368 subsection 302.4 overgrowth so the case was originally heard July 8 2024 the respondent did not attend the meeting the respondent was ordered to correct the violations honor before August 9th 2024 to correct the violation uh the respondent was ordered to mow and trim the yard removing overgrowth of gr grass and weeds and the second was to demonstrate for the code officer that the RV cars and personal watercrafts on the property are operational and all have valid registration and plates or be removed from the property compliance was not achieved a fine of $50 per violation per day um commencing August 10th and continuing until the violation is corrected and administrative costs in the amount of 19897 were imposed so I was out of the office due to an emergency last week but uh inspector Flanigan did go out on the 8th uh to do a check of the property the overgrowth remained around the jet ski as well as uh the vehicles were all in the exact same spot as previously recorded I did meet with Christopher Kirkland this morning about 10:30 a.m. um again he verbally said that none of the vehicles are running and he did not have current registrations or plates for them at this time and no additional work for the overr gr was done okay and did you say it was Christopher that you met with yes okay and and I understand um meeting with Christopher Kirkland and I recall the testimony about that being one of the people that you had spoken with before just to clarify I had the um owner Philip Kirkland as the only respondent for the prior order because they're the owner of Cor okay okay and did they say that they intended on attending the hearing or anything of that no uh he did not uh wish to attend the the hearing I let him know that it was up to him I did explain that um all the violations would be um reported as in violations still and that daily fines would start and that he needs to contact me uh when the vehicles are removed from the property or running again and registered uh for those violations to be put into compliance and fines to stop and he stated he understood that he does have my phone number both office and city issued cell okay thank you okay and as far as um the city's request then are you looking for the imposition of the $50 per day per violation the two violations of course and um to begin on August 10th is there any um request for further imposition of administrative costs or no that was we do want those imposed yes ma'am were there additional costs since the last no ma'am hearing okay that's what I wanted to check okay okay I had included those in the prior order so I just wanted to double check as to that okay um just per purposes of the record is there a respondent in the audience for this matter hearing none I'll go ahead with my order and thank you thank you okay I've accepted and considered the documentary evidence and sworn testimony relating to this matter from City staff I do find that the respondent Philip Kirkland is the owner of the property with the physical address of 4760 Winchester Drive in Titusville Florida 32780 I find that all required notices were provided in accordance with city code and state law and was met for these proceedings and I do find that there is a remaining violation of both section 6-19 subsection 302.4 overgrowth weeds as well as a violation of section [Music] August 10th 2024 and that will continue daily until the violations are rectified and reported to the city and that that is confirmed by the city's code enforcement department and I will provide a written order um following this hearing all right and next case yes ma'am this takes us to our initial hearings uh first case is 24- 86 3452 South Hopkins evue and the officer in this is Jim plan good afternoon I have three items to submit to you which is the notice of violation the notice of hearing and the cost recovery affidavit thank you these are accepted as exhibits all right all right oh the respondents on this case would be Allan and juel Griffin the violation address is 3452 South Hopkins Avenue uh the mail to addresses 2100 McGregor in Fort Meers uh the original violations were for electrical cover plates and the electrical equipment installation those have been applied since the original uh violation uh 304.8 the general exterior maintenance 304.5 exterior walls [Music] 304.77 6A for building permit requirements U the initial inspection was on February 21st 2024 um when I checked the property and noticed the violations date to given to comply was originally on March 25th notice the respondant was mailed on February 26th and first for first class and in May 28th for certified and the notice of hearing was posted on the property in City Hall on July 29th and it was mailed certified on July 8th uh re received the complaint from the previous tenant of issues with the building I observed the roof had missing shingles on the side and rear the front overhang at electrical wires not properly installed the exterior wall is not properly sealed ply wood without proper painting or covering to cover the plywood and causing Decay uh and drainage from the roof improperly installed and there was a metal roof installed on the back of the property without a permit um these are some photos that I took back in February you can see they some use some sort of spray sealant and there's plywood on the side those that plywood on the bottom there's not properly sealed and uh causing Decay as well that's just another up close photo of the exterior maintenance uh and this is on the back the exterior walls I don't know what was going on here but they used aluminum and plywood and all kinds of weird stuff on there which couldn't be um oops sorry uh that's a photo of the roof from the side you had missing shingles throughout the property all the way around um this is the backside roof roofs missing shingles on the roof as well um that's just another side shot of the shingles okay um this is the gutters on the side of the property it sits about three feet off the ground just isn't properly installed then on the back side here this is where the building permits required apparently they installed a new metal roof and they started a permit process but it was never signed off and approved it went expired without being finalized um so that would be need to be taken care of as well is that before you changed the picture if I could is is that the but um or go back to the one that you just had rather the metal roof yeah is that metal roof on the bottom half of the roof yeah on the back side of the property there's the main roof and then there was a addition added to the back apparently they had put a new roof on that because it was leaking and they just never follow it through with the permit process got it um initially after the violation went out I met with John Tyler and Glenn from team lbr who was a property manager I met them on site on February 4th explained the violations to them um on February sorry March 21st I received an email from Tyler stating they had a contractor go by the property and they were going to get quotes for the need of repairs um on July 29th I finally received a call from Luke from team lbr who was a property manager he requested more information so I said I'm a copy of the violation and then on July 30th I finally received a call from Allen the property owner and we spoke about the violations and what was needed to come into compliance okay um and again the first two were taking care of the conclusion of the facts of this case of the general exterior maintenance the exterior of the building has spray Pham to seal the walls needs to be properly done uh per code the exterior walls the walls are deteriorating and need repairs and properly sealed and done with proper materials the roof and drainage uh the roof repairs for the missing shingles need to be done and the down spouts as well and the contain the permits for the metal roof in the back and for the re-roof of the shingled area as well and also if they're going to when they're replacing the plywood which I explained them in the back that would have to be permitted as well to correct the violations uh for the exterior maintenance make repairs to the exterior and properly seal the walls with approved items the exterior walls repair replace the wall to properly installed and seal the walls uh roof and drainage repair roof shingles properly install the drainage system and the roof and obtain the permits for the metal section that was redone and any part of the roof and the walls that needed as well okay okay uh order to responded to BFS the administrative cost in the amount of $216 58 if the respondant does not comply by October 11th it is being requested at a fine of $100 per day per violation be imposed as for each of the violation until it can gets corrected sorry um I spoke with him he said he can get this done within 60 days uh that's why we gave them the October date okay uh and then they contact me to arrange re inspection to have it reinspected make sure everything's done and in compliance that's all I got okay um would you mind going back to the recommendation slide that had the four uh maybe one slide back there we go okay thank you and is there a respondent here on this particular matter no okay okay then for the record I've accepted into evidence the Affidavit of notice of violation with the notice of violation the affidavit with the um about the notice of hearing with the notice of hearing and the city's cost recovery form as well as the PowerPoint presentation and hearing nothing further I'll go ahead with my ruling unless you had anything else to add okay thank you okay I've accepted and considered documentary evidence photographs and sworn testimony relating to this matter from City staff um the respondent is not present I do find that the respondent juwel W Griffith and Allan T Griffith are the owners of the property with the physical address of 3452 South Hopkins Avenue Titusville Florida 32780 um and with the mailing address of 2100 McGregor and Fort Meyers I find that all notices were provided in accordance with the city code and state law and that notice was therefore met for these proceedings I do find that the city has proven violations of the following sections of the city code section 6-19 subsection 304.8 of the ipmc which is General exterior maintenance and oh can I see that um I just wanted to look at that the which one the almost last slide need go back there just so I could see how to order how they'll correct violation to come into compliance it has the four subsections of the code and it says recommendation at the top I believe there perfect okay thank you okay um so I do find that there's violation subsection 304.8 General exterior maintenance as shown by the um spray foam on the wall and that to correct that violation they need to make repairs to the exterior to properly seal the walls with approved items I find that there's a violation of section 6-19 subsection 304.5 exterior walls and that in order to correct the violation the respondent needs to repair or replace the walls to properly install and seal the walls I find that there's a violation of section 6109 subsection 304.77 see section 6-56 subsection a building permit required um and in order to correct that violation they need to obtain a roof permit for the metal roof installed and the rest of the roof as is needed um I'll hereby impose the administrative costs of the city in the amount of $216 and 58 and order that the respondent needs to correct the violations by October 11th 2024 for there will be a daily fine imposed of $100 per day per violation um also future violations of those sections of the city code may be classified as repeat violations and in order to um well once the respondent has come into compliance with all of those sections of the code or as they come into compliance with each section of the code it's the respondent's responsibility to contact the city's code enforcement department such that the city code enforcement officers can come out and verify that compliance has actually been achieved and that is my order thank you okay this will be case number 24-87 Edward Murray 2034 Doyle dve the officer in this case is Jim Flanigan and the respondent is present today okay I also have an affidavit notice of violation notice of hearing and the cost recovery for you thank you is there any objection to these exhibits being entered into the record by a respondent here for the hearing okay thank you then I will accept the affidavit notice of violation the affidavit and notice appearing and the city's cost recovery sheet which is in the amount of $287 and2 into the record as well as the PowerPoint presentation go ahead all right uh again this is Edward Murray the address is 2034 Doyle Road the mail to address is the same the original violations were accessory structure overgrowth in Weeds and roof and drainage the first two the accessory structure which would have been the fence and overgrowth has been taken care of so we're just down to the roof and drainage at this point okay uh this the violation was originally posted on October 26 2023 date to given the comply was November 23rd 2023 notice a respondant was mailed on October 26 first class and on May 30th of certified uh on 729 2024 was posted at City Hall and the property and it was mailed certified in first class on July 8th uh during proactive neighborhood checks I observed several violations on this property uh would be the roof with torn tarps sandbags missing shingles and the fence was falling needed repair and the overgrowth which those two have been taken care of uh so we're down to the roof this was the original picture in October of the roof okay uh this was again in February of the roof U and again last week the roof is still and it's still in the same condition today okay that's just a different picture um I had spoken to the owner previously had personal issues come up he is here today um we discussed some arrangements today as well um the conclusions of The Facts of this case is the roof is missing shingles and needs to be repaired or replaced and obtain the proper permits as needed and again the recommendation is for the repair of the roof to approved code and obtain the permits as required uh and the recommendation is the administrative cost in the amount of 28702 if the respondant does not comply bu I'd like to change that till October 11th please and give them the 60 days uh and a requested fine of $100 per day until the violation is corrected and to contact me when it's done I spoke to him the agreement we came up with I spoke to him he's going to re roof it himself he finally has the money and opportunity to do it that's why we're requesting 60 days for him to get it taken care of okay all right and then just to confirm too because I know that you testified that um that the notice of violation was um let's he mailed out and posted you noted October 26 2023 in your testimony in the Affidavit of violation I think you just wrote 2024 by accident yeah I probably did by error I apologize for it was 23 yes I was going to ask verified it for me thank you and is there a respondent who would like to come on up if you just please state your name and address for the record my name is Edward Allan Murray and my address is 2034 Doyle Drive Titusville Florida thank you and what would you like to state today I'm I'm not contesting any of this ma'am it it needs a roof um had some personal things that came up with my in regards to my parents their elderly old and last year my father passed away so been trying to take care of my mom and get some things done and she's had some major health issues so I'm at the point now where I do have the money saved up to do the roof and um I will get that taken care of but it does need to get done and there's no argument on my part it is what it is understood um sorry to hear about your circumstances is October 11th enough time yes ma'am for you to get that done I can get this done in 60 days okay um okay then I don't have any other questions unless you have anything to mention we're good okay thank you thank you okay I'll go ahead and enter my order um I've accepted and considered documentary evidence photographs and sworn testimony relating to this matter from both City staff as well as the respondent Edward Murray as to this matter I find that the respondent Edward Murray is the owner of the proper property with a physical address of 2034 Doyle Drive Titusville Florida 32796 which is the subject of these proceedings I 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 6-19 subsection 3047 roofs and drainage of the international property maintenance code um existed as provided by City staff and continued to exist on the property as confirmed by the respondent and um that respondent either failed or refused to correct the violations within the time period prior to the hearing um and I do find that the violation currently exists on the property um I'll hereby impose the city's administrative costs of $287 and 2 cents and then order that let see that the respondent be given until October 11th 2024 to correct the violations of the city code and that if a respondent fails to correct the violations by such date a fine will be entered in the amount of $100 per day until the violation comes into compliance um in order to correct the violations the roof shingles need to be repaired or replaced and um and if a permit is necessary make sure that is obtained as well and further future violations the same section of the city code may be classified to be repeat violations um once the respondent brings the property into compliance it's the respondent's responsibility to contact the city code enforcement department and let them know that you've brought into compliance such that they can come by and U verify that it's been brought into compliance okay um thank you that is my order thanks have a nice day all right yes ma'am this is the case number 24-9 Rachel pouny and David pouncy 710 wagger and officer Frank Lewis good afternoon ma'am I'd like to interest um affidavit for notice of violation to cost recovery the notice of hearing into exhibits thank you okay and I'll accept these for the record okay this is uh case 2490 initial hearing respondents are Rachel pouny and David pouncy uh just for the record to start with retel pouncy is deceased okay David is her son uh violation address is 710 wager Avenue here in Titusville uh mail to 2975 Bill Street in Titusville where his mother did reside uh violation charges are section 30-35 a continue landscape maintenance required uh section 13-7368 d151 Land Development regulations um the initial inspection was on 52 May 2nd 202024 and uh notice of violation posted on site date given to comply was HED before June 2nd 2024 the notice to respondents was mailed on May 2nd 2024 first class and certified uh the notice of hearing was posted at City Hall and hand delivered to the owner on the property where the violation exists and certified mail first class mail was also mailed on 78 I mean July the 8th 2024 um the violation is this is a commercial property that has no structure on it and all uh it is just a bare piece of land uh it has an inoperative truck there uh and a trailer uh which are outdoor storage which is also prohibited in that zoning classification and the continuing Landscape Maintenance is the dirt it it's just a bare lot there's no Landscaping on it that was required to get go uh I have uh spoke with the owner a couple times by phone and met him on sight to a couple of times uh he said he was going to try to get it done but so far we're as of 15 1:00 today it was in the same condition uh this photo here you can see there's the truck and the trailer uh and you can see where the bear all the the Bear sand is just you know blowing everywhere again this lot is this lot is is a fairly long lot and that's the outdoor storage uh 281 28151 prohibits outdoor storage outdoor storage this property is own Community commercial uh outdoor storage is only allowed in a couple of um zoning areas in Titusville with with exceptions and limitations uh so the conclusion in the case is 30-35 that the ground cover is missing from the property uh 1373 the inoperative vehicles are still there and 28151 the outdoor storage of the vehicles and the trailer is there on site still okay as to the ground cover that's um missing what does the city want them to do uh either grass grass or S grass s it either one okay our recommendation is order to respondant be assessed administrative cost in the amount of 12853 and if the respondant does not comply by September 6 2024 it's requested that a fine of $100 per violation per day be imposed for each dat to violation continues and they must contact me to for an arrange for an inspection once they obtained compliance and know he he is not here I thought he would be but he is not here okay and as far as the outdoor storage is that trailer just parked by itself with stuff in it yes ma'am it has some things on it right now he's got some panels on it where he's going to try to put up a fence it's got some wooden wooden fencing panels on it right this minute okay and as far as the inoperative vehicle that's there how do we know that that's inoperative uh that vehicle has not moved in quite some time it's made no attempt to show us it runs okay is there um is the tag current or is it just you can't see the tag the way it's situated okay is there anything grown up around it or probably not if it's just sitting he has a couple of uh he has one small tree on side up up front near the sidewalk I mean is there anything grown up around the tires of the vehicle showing that it's not moved or perhaps not since most of that seems to be dirt there possibly could be a few weeds well you had a little bit around the front there that's about it okay okay and then would you mind going back to that slide um that shows what they have to do in order to correct the violations for me yes ma'am all all this is saying here that that needs to be SED or or some kind of approved ground cover cover pet down uh they would need to contact development services here at City Hall and they could tell them what they would accept the property owner behind this ad behind this parcel here was decided for the same thing last month and they they sawed theirs got it maybe one more perfect thank you um and okay I've got your recommendation was there anything else to add uh no ma'am I I really thought he would be here but okay um all right just for purposes of the record is there a respondent here in the audience for this matter today hearing none I'll go ahead with my order okay I've accepted and considered documentary evidence photographs and sworn testimony related to this matter from City staff and the respondent was not present at today's hearing I find that the respondent um listed as Rachel pouncy and David pouncy are the owners of the property with the physical address of 710 wager Avenue in Titusville Florida 32780 which is the subject of these proceedings I find that all required notices were hereby met um in accordance with the city code and state law and that notice was therefore met for these proceedings I do find that violations of the following sections of the city code exist which are section 28-1 151 outdoor storage section to come into compliance um with those sections of the code see they need to remove the outdoor storage as to section 28-11 that the vehicle the inoperative vehicle must be removed from the property and as to section 13- 73 an operative vehicle and that for section 30-35 A continuing landscape maintenance required um that ground cover needs to be um placed and established on the property and the city would direct the respondent to get in touch with development services with any questions as to that let's see I'll hereby impose the city's administrative costs in the amount of $1 12853 and order that the violations be corrected by September 6 2024 and if they are not so corrected that $100 will be imposed per day per violation as to those violations um further future violations of the same sections of the city code may be classified to be repeat violations and once the property owners um once the respondent comes into compliance with the aformentioned sections of the city code that they are instructed to contact the city's code enforcement department to report compliance and have same verified by the code enforcement department okay and that is the order for that particular [Music] case and it looks like that's the end of the agenda that went pretty quickly all right um well thank you if um if there's nothing further I'll see you all next month okay and we're hereby adjourned at 2:44 p.m. thank you